HomeMy WebLinkAbout04/22/030
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923
Andover Planning and Zoning Commission'
Meeting Agenda
April 22, 2003
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes - April 8, 2003
3. Variance (03 -04) to Ordinance 8, Section 4.04(B) to allow existing principal
structure to remain during construction of a new home on property located at
15451 Prairie Road.
4. PUBLIC HEARING Ordinance Amendment (03 -02) to consider
amending Ordinance 266 to modify existing rental licensing requirements
(continued from April 8, 2003).
5. Adjournment
CITY of ANDOVER
. 1685 CROSSTOWN BOULEVARD, N.W. •ANDOVER, MINNESOTA 55304 •(763) 755 -5100 FAX (763) 755 -8923
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - April 8, 2003
DATE: April 22, 2003
Request -
The Planning and Zoning Commission is asked to approve the minutes from the
April 8, 2003 meeting.
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CITY of ANDOVER
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PLANNING AND ZONING Co LWSSIONMEETING — APRIL 8, 2003
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Da on April 8, 2003, 7:00 p.m., at the Andover City "
Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex
Greenwald, Dean Vatne, Jonathan Jasper and Michael
Casey.
Commissioners absent: Commissioner Tony Gamache.
Also present: City Planner, Courtney Bednarz
Community Development Director, Will Neumeister
Others
APPROVAL OFMINUTE.£
March 25, 2003
Motion by Kirchoff, seconded by Greenwald, to approve the minutes as presented.
Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent vote.
PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT (03 -02) TO
EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY (MUSA) TO
INCLUDE PROPERTYLOCATEDAT 16150 CROSSTOWNBOULEVARD NW.
Mr. Bednarz explained that the applicant is requesting a Comprehensive Plan
Amendment to extend the Municipal Urban Service Boundary (MUSA) to include the
subject property. The existing MUSA boundary runs along 161 Avenue NW (CSAH
20) as illustrated in the attachments. The purpose of the amendment would be to allow
municipal utilities to be extended to the subject property.
Mr. Bednarz explained the applicant would be expanding the size of the existing church.
It would be most cost effective for this project to include municipal sewer and water.
Municipal utilities will become available as the Bluebird Sanitary Sewer Trunk will be
y
Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
Page 2
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extended to serve the Constance Comers development on the south side of 161'` Avenue i
NW (SCAH 20). If approved, this land use change will be forwarded to the Metropolitan
Council for their review. This would be considered a minor Comprehensive Plan
Amendment.
Mr. Bednarz discussed the item with the Commission.
Motion by Greenwald, seconded by Jasper, to open the public hearing at 7:02 p.m.
Motion carved on a 6 -aye, 0 -nays, 1- absent vote.
There was no public input.
Motion by Greenwald, seconded by Casey, to close the public hearing at 7:02 p.m.
Motion carried on a 6 -aye, 0 -nays, 1- absent vote.
Commissioner Vatne asked if the timing of the City sewer and water coincides with the
planned church expansion. Mr. Bednarz stated there is a public improvement project for
residential development on the south side of County Road 20 which would provide a link
across to serve the property . He stated the applicant and staff has been working on
feasibility numbers for that improvement.
Commissioner V atne asked if there would be any additional requests to the modification
to the comprehensive plan based upon the potential improvement. He asked if there was
anything else pending. Mr. Bednarz stated at the upcoming City Council meeting, the
Council will be looking at designating the Rural Reserve area, which would encompass
the surrounding properties. Mr. Neumeister stated this parcel was in the area planned for
the Rural Reserve but it does not preclude anyone from petitioning for sewer or moving
up in terms of timing when they get the sewer and they will be pursuing this with this
step and the City will favor this. He stated staff sees this as an opportunity to help them
get the sewer they would like.
Commissioner Jasper stated he understood the change from R -1 to R-4 with the
introduction of urban utility services but he wondered why a church/school was classified
as single family urban instead of commercial zoning designation. Mr. Bednarz stated in
the general zoning practice itself, they find churches are conditional or special uses in
residential districts. He stated in most communities they do not have any specialized
districts for churches although they may have some limitations on where they can be
located, so in this case, the change is from rural to urban residential because that is one of
the districts that allows municipal utilities.
Mr. Brent Viser, Miller, Dunwoody Architects representing the church, stated in
reference to the schedule, the project is slated to begin construction as soon as they can
clear the City review process and obtain the permits. He stated they will need to move
the existing septic system, which is where the new sanctuary will be located and they
reported to the City in a letter their contingency plan to either pump the existing septic
Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
Page 3
• tanks until the City service is available or if that process is not completed or if they are
not permitted to do this, they will install a new septic system where it was shown on the
site plan. He stated in the interim, the church is prepared to pump their tanks as needed
until connected to the sewer system.
Motion by Kirchoff, seconded by Greenwald, to recommend to the City Council approval
of Resolution No. , approving the proposed Comprehensive Plan Amendment.
Motion carried on a 6 -aye, 0 -nays, 1- absent vote.
Mr. Bednarz stated that this item would be before the Council at the April 15, 2003 City
Council meeting.
PUBLIC HEARING. REZONING (03 -03) TO CHANGE THE ZONING
DESIGNATION FROM SINGLE FAMILYRURAL RESIDENTIAL (R -1) TO
SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPER TYLOCATED AT
16150 CROSSTOWN BOULEVARD NW.
Mr. Bednarz explained that the Planning Commission is asked to review the proposed
rezoning to change the zoning of the subject property from rural residential to urban
residential to reflect the availability of urban services (municipal sewer and water).
Mr. Bednarz stated the City must meet one of the two findings that are provided by State
Statute. If the proposed Comprehensive Plan Amendment is approved, the subject
property will be included within the 2020 Metropolitan Urban Service Area (MUSA). At
this point, times and conditions will have changed and it will be appropriate to change the
zoning district to Single Family Urban Residential (R-4), a district that allows municipal
utilities.
Mr. Bednarz discussed the information with the Planning Commission.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:11 p.m.
Motion carried on a 6 -aye, 0 -nays, 1- absent vote.
There was no public input.
Motion by Kirchoff, seconded by Greenwald, to close the public hearing at 7:11 p.m.
Motion carried on a 6 -aye, 0 -nays, 1- absent vote.
Motion by Greenwald, seconded by Casey, to recommend to the City Council approval
of Resolution No. , approving the rezoning request based on the fact that times and
conditions have changed. Motion carried on a 6 -aye, 0 -nays, 1- absent vote.
• Mr. Bednarz stated that this item would be before the Council at the April 15, 2003 City
Council meeting.
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Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
Page 4
PUBLIC HEARING: LOT SPLIT (03 -03) TO CREATE A NEW RURAL •
RESIDENTIAL PROPERTY FROM PROPERTY LOCATED AT 838 CROSSTOWN
BOULEVARD NW.
Mr. Bednarz explained that the applicant is proposing to subdivide a rural property to
create a new rural residential lot. The property is located at the southwest corner of
Crosstown Boulevard and Prairie Road.
Mr. Bednarz noted that road easements are included within the lot dimensions and area to
help the property to achieve sufficient size to meet the R -1 Zoning District requirements.
A road easement is different from right -of -way in that easements sit upon privately
owned property and grant limited use of that property, in this case for road purposes. The
underlying property owner retains ownership and continues to pay taxes for this area of
their property.
Mr. Bednarz stated the Anoka County Highway Department has requested a minimum of
60 foot wide half right -of -way for Crosstown Boulevard. The Building Official has
indicated that the proposed new property will be buildable.
Mr. Bednarz explained the subject property is located within the 2020 Municipal Urban
Service Boundary (MUSA). Municipal utilities are projected to be available for the
subject property in the 2010 -2015 time frame. Rural lot splits are permitted to occur .
within the MUSH, although only one lot split is permitted every three years.
Mr. Bednarz noted a park dedication will be required to be paid for the new property in
the amount of $2,155 and a trail fee in the amount of $523 will also be required to be paid
for the new lot. Access to the new lot will be required to be provided from Prairie Road.
Mr. Bednarz discussed the survey and information in the staff report with the Planning
Commission.
Chairperson Daninger asked if the applicant was aware of the existing building and if
something changes. Mr. Bednarz stated the applicant was given a copy of the report and
understands. The applicant stated she understood.
Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:17 pm.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Vatne, seconded by Casey, to close the public hearing at 7:17 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent vote.
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Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
Page 5
• Commissioner Jasper asked if the applicant was aware of the non - conforming building
and if destroyed would not be able to be rebuilt. The applicant stated she was aware of
this.
Commissioner Jasper asked what a half right -of -way was. Mr. Bednarz showed a map of
the area and explained the meaning of half right -of -way.
Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval
of Resolution No. , approving the proposed lot split subject to the conditions in the
attached resolution. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Bednarz stated that this item would be before the Council at the May 6, 2002 City
Council meeting.
PUBLIC HEARING: ORDINANCE AMENDMENT (03 -02) TO CONSIDER
AMENDING ORDINANCE 266 TO MODIFY EXISTING RENTAL LICENSING
REQUIREMENTS.
Mr. Neumeister explained at the January 21, 2003 Planning Commission meeting, several
issues involving the proposed changes to the Rental Housing Ordinance were raised that
needed further discussion.
Mr. Neumeister discussed each of the issues with the Planning Commission in detail.
Commissioner Greenwald asked if the people who were at the last meeting received the
changes. Mr. Neumeister stated they did.
Commissioner Jasper asked in section 11, subsection 1 had a paragraph 8 and 9 which
dealt with other violations of MN Statutes 504b and 609, these have been moved to
section 11, subsection 3, why were these moved. Mr. Neumeister stated they wanted to
make sure that the tenants knew there were State Statutes covering this and not be
explicit in terms of making them items in subsection 1. He stated they felt in the
adjustment, this was the proper place to be.
Discussion ensued in regards to the State Statutes and what the tenants should be aware
of.
Motion by Greenwald, seconded by Casey, to open the public hearing at 7:41 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Eric Nyland, 2110 140 Lane NW, stated he liked the changes that were made since
the last meeting but he still feels the owner occupants should be under license, otherwise
• owner occupants cannot be held accountable under the new Ordinance at all.
Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
Page 6
Commissioner Greenwald asked why the City did not want to include single family home •
rental units in the Ordinance. Mr. Herb Blommel stated the reasoning behind this was
they did not want to get into licensing single family homes because if they did that,
people would go out of town for several months and lease their homes out which would
make them fall under the licensing agreement. They wanted to stay away from it if
possible.
Commissioner Kirchoff stated the reason for the Ordinance is to protect the owner and
other tenants from a bad tenant. The issues that would concern Mr. Nyland would
probably fall under State Statute 609.
Commissioner Jasper explained that he thought Mr. Nyland's idea was to reword the
Ordinance to make this work for the owner occupied rental units, which could be done.
Mr. Eric Nyland asked the Anoka County Sheriff if there was a way they could work
with the owners on background checks. The sheriff stated at this point the BCA is the
only one who does this.
Mr. Neumeister stated for the record, he received a written comment from Mr. Kenneth
R. and Connie Evans, 13542 Poppy Street N.W, owner occupant, stating they would like
to see the rental Ordinance stay the way it is.
Motion by Kirchoff, seconded by Vatne, to close the public hearing at 7:50 p.m. Motion i
carried on a 6 -ayes, 0 -nays, 1- absent vote.
Discussion continued in regards to the examples in the Ordinance and if they should list
these an d also with owner occupied rental licenses.
Commissioner Greenwald asked if Sargent Platnum could go through the reporting
process. Sargent Platnum stated all the reports on rental properties are coded so they can
punch up a specific code and retrieve reports and calls to any rental property within
minutes. Commissioner Greenwald asked if an owner would get notification of a call in a
reasonable amount of time. Mr. Blommel stated that is what they are planning on doing.
Commissioner Greenwald asked how much information would be given to the owner.
Sargent Platnum stated they would need to follow the data privacy act.
Discussion ensued in regards to sheriff calls to the property.
Mr. Neumeister explained on page five of the Ordinance in regards to the second instance
occurring within three months of an incident is a trigger point. If it is more than three
months, they are back at square one so as long as it is more than three months, a tenant
could have more than three calls within a year. Commissioner Jasper stated a second
instance has to follow a first notice and as the Ordinance is written, he did not think a •
tenant could build a record.
Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
• Page 7
Mr. Neumeister stated under the current Ordinance, without getting into further detail,
Mr. Blommel could start this process that is laid out as currently set out Commissioner
Jasper stated he thought he could in regard to the City Council looking at suspending a
license in some ways the Ordinance is inconsistent because then it talks about provisional
licenses and they have different triggers, which talks about three in a year. The
provisional license and suspension of the full license is somewhat inconsistent because it
does not talk about the different notices.
Discussion continued with the Commission reviewing the different sections of the
Ordinance.
Commissioner Jasper stated in section 2 of page one, he would like the definition
changed to "Rental Dwelling as any dwelliRg-uait building with two (2) or more living
units with at least one (1) unit for hire..." so if you are renting out your house, this would
not apply but if a person had a duplex and rented out half of it, this Ordinance would
apply. Mr. Blommel stated they have some doubles that are in town that are two family
dwellings behind County Market that are single family as far as ownership so they may
need to look at it so they would not apply. He stated the police reports do not show the
owner /occupant homes as being a problem area.
• Discussion followed regarding what dwelling units should be included in the Ordinance.
Commissioner Jasper stated on page four, section 11, subsection 1, there should be an
item eight added which would read " Criminal Statutes ", which would cover 504b and
609 and then in subsection 3 they could delete part of the sentence stating "ead-Seefien
masse:
Commissioner Greenwald asked if seven days was enough time to make any repairs to
comply with the Compliance Order. Mr. Blommel stated the reason they made this seven
days was due to smoke detectors. He felt going longer than two weeks for smoke
detectors was too long. He would like to keep it at seven days with his discretion at
extending it longer than seven days.
Commissioner Jasper stated Compliance Orders deals with more than building issues, it
can deal with disorderly issues and is the focus of this. He stated seven days seems too
short for a landlord to resolve an issue with a tenant. Mr. Neumeister stated they could
make this into two parts, if it is building related, it would be a certain number of days and
if it is a disorderly issue, it would be dealt with another way. Commissioner Jasper stated
this would be a good idea.
Mr. Neumeister noted on page 5, sections 4 -6 are rules that they have kept without
• change. He stated section 8 is where they would want to focus on and should be
discussed further at the next meeting.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —April 8, 2003
Page 8
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Commissioner Jasper stated Section 11, subsection 1 defines the disorderly uses and
Section 11, subsection 8 defines disorderly use differently and he felt these were not
consistent and subsection 8 is not necessary because it is talked about in subsection 1.
Mr. Neumeister asked if the Commission was comfortable with the number of calls to a
unit before eviction. The Commission decided there was not a problem with the number
of calls.
Commissioner Jasper explained they talked about Section 12, subsection 1 b, at the last
meeting in regards to domestic abuse not being counted. If the Commission's intent is
that the calls not be counted, then the ordinance would need to be changed to show this.
He stated he thought domestic abuse should be counted as much as any other item but if
that is the intent, the wording would need to be changed.
Commissioner Kirchoff asked if criminal laws would come into effect. Chairperson
Daninger stated they should leave this item for further discussion at the next meeting.
Commissioner Greenwald asked if item 4, on page 7, monthly reports, is fair because
they are giving a little bit of leeway on getting the reports to the licensee. Mr.
Neumeister stated this is related to the provisional license only and they have already
been put on notice. They would need to give a report every month for six months and at •
the end of the six months, they need to have a clean record to get back to the regular
license. Commissioner Jasper stated on item 4, this should pertain to the licensee.
Commissioner Vatne stated his question was pertaining to the provisional license and the
concem on turn around time in getting notification to landlords for both provisional under
"C" and then prior under the standard licensing. He stated he thought they needed to give
timely notification to the landlords regarding problem tenants and to specify what timely
notification is. Commissioner Greenwald asked if he wanted to put in a time frame on
this or just state it as timely. Commissioner Vatne stated they should put a frame on
this so the landlord can try to do something about the problem tenant.
Discussion ensued in regards to what would be considered timely for the Ordinance.
Commissioner Greenwald asked if they needed to keep the "adequate lighting" in on
page 7, section 14. Mr. Blommel stated this is in response to front doorway lights and the
landlord needs to keep this in working order and replaced if broken off because most of
the areas do not have street lighting. Commissioner Vatne stated they may want to
discuss this further because he took this sentence to mean overhead lighting such as a
parking lot.
Commissioner Jasper stated on page 9, section 7 should read "Failure to comply with all
terms of this Ordinance dufing th f the Feveeafi newal is a •
Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
• Page 9
misdemeanor" and delete the rest of the language. Mr. Neumeister stated they would
reword this.
Motion by Greenwald, seconded by Kirchoff, to continue this item until April 22, 2003.
Chairperson Daninger noted that if they came to a conclusion on the units behind County
Market, they would notify the residents and have another public hearing.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
PUBLIC HEARING. COMPREHENSIVE PLANAMENDMENT (03 -03) TO
ADOPT PARK STUD YAS A COMPONENT OF THE 2020 COMPREHENSIVE
PLAN.
Mr. Neumeister explained the item is in regards to a public hearing to consider adopting
the Park Study as a component of the 2020 Comprehensive Plan.
At the March 11, 2003 Planning Commission meeting, a public hearing was held to
consider amending Ordinance 10, Section 9.07 to incorporate recommendations from the
Northwest Associated Consultants, Inc. (NAC) study. In further review of Ordinance 10,
• Section 9.07, the ordinance refers in a couple sections to the Comprehensive Plan. To
ensure standards for how the parks will be developed and/or how the park dedication fee
is being determined, the Comprehensive Plan is requested to be amended to add the Park
Dedication Study as an addendum. The City Attorney's letter explains that this is needed
to withstand any judicial scrutiny in the event an applicant brings a court challenge to the
dedication requirements for residential developments.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 9:36 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 9:36 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Jasper asked if the letter and documents are stating they are not addressing
the commercial/industrial park fees, just the residential development. W. Neumeister
stated he believed that was correct.
Commissioner Greenwald stated the key to this is the park study is required and they are
fulfilling the requirement by doing this and they do not need to bring in any commercial.
Mr. Neumeister stated this was true.
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Regular Andover Planning and Zoning Commission Meeting
Minutes April 8, 2003
Page 10
Motion by Jasper, seconded by Greenwald, to recommend to the City Council approval •
of Resolution No. , approving adopting the Park Study as a component of the 2020
Comprehensive Plan. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Neumeister stated that this item would be before the Council at the May 6, 2003 City
Council meeting.
OTHER BUSINESS.
Commissioner Kirchoff thanked Mr. Neumeister for the format in the staff letter that was
presented and stated it was very helpful.
Chairperson Daninger stated he appreciated the Commission Members taking the time to
look into and discuss the rental ordinance.
ADJOURNMENT.
Motion by Greenwald, seconded by Kirchoff, to adjourn the meeting at 9:41 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
•
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
•
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLANDOVERMN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Variance (03 -04) to Ordinance 8, Section 4.04(B) to allow existing principal
structure to remain during construction of a new home on property located at
15451 Prairie Road.
DATE: April 22, 2003
INTRODUCTION
The applicant is seeking approval of a variance to allow them to live in the existing house while a
new house is constructed on the same property.
DISCUSSION
Applicable Ordinances
46 Ordinance 8 Section 4.04 limits the number of principal buildings as follows:
(B) Except in Planned Unit Developments there shall be no more than one (1) principal
building on one (1) lot in all residential districts.
Similar Requests
A similar request was approved in 1984. The applicant was allowed 120 days to remove the
existing house once a building permit had been issued as illustrated with the attached resolution
and minutes.
State Statute provides review criteria that are used to determine the merit of variance cases. In all
cases the applicant must demonstrate undue hardship. The considerations for undue hardship
include:
1. There are circumstances unique to the property that were not created by the landowner.
Unique conditions may include the physical characteristics, including topography or
water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other properties
in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using his/her property or
combining a substandard lot due to size, shape or lot line dimensions, with an adjacent
vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use of the
property exists with application of the minimum standards of this chapter.
Findings for this Request
It has been the City's policy to utilize the variance process in the past to accommodate this •
scenario. Findings are the same as used in the past as illustrated in attached Resolution R112 -84
and also included in the proposed resolution. One of the findings is that the use of the existing
house for temporary living quarters is far more compatible with the neighborhood than moving in
a mobile home or some other temporary structure.
Fire Department Training
The applicant and Fire Department have discussed using the existing house for fire training
purposes once the new home has been completed. This may affect the timing of removal of the
existing house.
Staff Recommendation
It is recommended that the variance be granted to allow the existing house to remain on the
property during construction of the new house.
Attachments
Proposed Resolution
Location Map
Property Survey
R112 -84
Minutes
Respe tfully bmitted,
Court4eB
Cc: Matt and Nicole Mason, 15451Prairie Road
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• CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE VARIANCE REQUEST TO ALLOW EXISTING
PRINCIPAL STRUCTURE TO REMAIN DURING CONSTRUCTION OF A NEW HOME ON
PROPERTY LOCATED AT 15451 PRAIRIE ROAD (P.I.D. 24- 32 -24 -23 -0004) LEGALLY
DESCRIBED AS FOLLOWS:
THAT PART OF THE SW/ 40F THE NW' /4 OF SECTION 24, RANGE 32, TOWNSHIP 24
DESCRIBEDAS BEGINNING AT A POINT ON THE WEST LINE OF SAID SW' /4 OF THE
NW'/4A DISTANCE OF 946.7 FEET NORTH FROM SW CORNER THEREOF THENCE
CONTINUING NORTH ALONG SAID WEST LINE A DISTANCE OF 335 FEET THENCE
AT RIGHT ANGLES EAST 650.15 FEET THENCE AT RIGHT ANGLES SOUTH 335 FEET
THENCE WEST TO THE POINT OF BEGINNING SUBJECT TO EASEMENT FOR PUBLIC
ROAD OVER THE WEST 33 FEET THEREOF
WHEREAS, the Planning Commission has reviewed the request of Matt and Nicole Mason to
vary from the requirement of Ordinance 8, Section 4.04(B) for property located at 15451 Prairie
Road to allow them to reside in the existing principal structure while a new principal structure is
constructed, and;
WHEREAS, after review the Planning Commission has recommended approval of the request,
and;
WHEREAS the City Council acknowledges that such variances have previously been granted to
allow a resident a place to live while a new dwelling is being constructed, and;
WHEREAS the City Council feels that an existing dwelling being used for temporary living
quarters is preferable, in most cases, over a temporary mobile home or similar.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to allow the Existing house to remain on the subject
property subject to the following:
1. The existing principal structure shall be required to be removed from the property and
properly disposed of within 30 days after a Certificate of Occupancy has been issued for
the new principal structure, with failure to comply necessitating legal action by the City.
Adopted by the City Council of the City of Andover on this _th day of , 2003.
CITY OF ANDOVER
• ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk —3-
Variance
15451 Prairie Road
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LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 580 -3093
Fax No. 550 -3522
Minneapolis, Minnesota 55425
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1 - - METAL
Garage
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The only easements shown are
provided by client.
We hereby certify that this is
a survey of the boundaries of
location of all buildings and v
said land.
Surveyed by us this 31st
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R112 -84
A RESOLUTION APPROVING A VARIANCE REQUEST FROM THE PROVISIONS OF
ORDINANCE NO. 8 SECTION 4.04(B) TO ALLOW THE CONSTRUCTION OF A NEW
DWELLING UNIT ON A PARCEL ALREADY HAVING AN EXISTING UNIT AS SUCH,
REQUESTED BY BETTY KNUDSON AND JEAN STEINBRING.
WHEREAS, the Planning and Zoning Commission has reviewed
the request of Betty Knudson and Jean Steinbring to approve a
variance to allow them to reside in an existing structure on their
property while a new principal dwelling is being constructed; and
r
•
WHEREAS, after such review the planning and Zoning Commission
has recommended approval of the request; and
WHEREAS, the City Council acknowledges that such variances
have previously been granted to allow a resident a place in which to
live while a new dwelling is being built; and
WHEREAS, the City Council feels that an existing dwelling
being used for temporary living quarters is preferable, in most
cases, over a temporary mobile home or similar.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve the variance request of Betty Knudson
and Jean Steinbring to allow them to reside in the existing structure
on Plat 65904, Parcel 6200.
BE IT FURTHER RESOLVED that such approval shall be contingent
upon the existing structure being demolished within 120 days following
the issuance of the building permit for the new dwelling unit, with
failure to comply necessitating immediate legal action by the City.
Adopted by the City Council of the City of Andover this 16th
day of October , 1984.
CITY OF ANDOVER
ATTEST:
Jer Wiry schitl - Mayor
Patricia K. Lindquist - City Clerk
_6 -
• Agenda Comments
October 16 Regular Meeting
Page 2
Item No. 4b - Lot Split /D.Kirchner (continued)
a park dedication fee of $200, i.e., $100 for each newly created lot.
The exceptions for lot width and area will be included in the
resolution.
Item No. 4d - Amended Special Use Permit /Wm. Rademacher
Mr. Rademacher is requesting an amendment to his permit for the gas
pumps at Bill's Superette to allow him to extend the island and change
the pumps to those with electronic dispensers, as well as increase .
the number of dispensers on each pump. Planning and Zoning Commission
is recommending approval of the request, subject to the required City
and State inspections. A resolution will be prepared, noting the
change will promote a better customer flow during busy hours.
Item No 4e - Variance /Kudson Steinbring
The property owners are requesting a variance to allow them to use
the existing dwelling unit on the property as a temporary dwelling
while a new unit is being constructed. Planning and Zoning Commission
is recommending approval. A resolution will be prepared requiring
that the existing (temporary) dwelling unit shall be demolished and
removed from the property within 120 days following issuance of the
building permit for the new structure. you will note the P &Z is
recommending demolition prior to the issuance of the Certificate of
Occupancy; such action would leave the occupants without living
quarters for a short period of time, therefore, the 120 days are
more appropriate.
Item No. 4f - Water Service /Good Value Homes, Inc.
This item is continued from the October 2nd Meeting. Good Value is
to bring in more concrete time frames for the development of the
property in question.
Item No. 4g - Warning Device
The City Council had requested the Building Inspector to research
costs, availability, etc. of warning devices to be installed in
various strategic locations in the City. He will have a report for
you.
Item No 4h - Abatement /Dangerou Buildings
The dwelling unit at 14003 Yukon Street was damaged during the July,1983,
storm; since that time the property owner has been litigating the
damage /payment with his insurance company. As a result repairs were
not made on the dwelling. Approximately a month ago, a permit was
given to allow the property owner to move the building out of the City
so he could construct a new dwelling. The house was moved off the
• basement, however, because of problems between the property owner and
the Movers, the house is still on the property and the foundation/
basement from which it was moved is now an open excavation. The structure
as it now sits presents a danger, therefore, abatement is requested.
A motion is needed to proceed with filing of the notice.
—7—
v
0
TO:
FROM:
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
Planning Commissioners
Will Neumeister, Community Development DirectorA /OL
SUBJECT: Rental Housing Ordinance Amendment (Continued from 4/8/03)
DATE: April 22, 2003
As you will recall, at the April 8, 2003 Planning Commission meeting, once again, several
issues involving the proposed changes to the Rental Housing Ordinance were raised that needed
further discussion. Each of the issues that were raised are paraphrased below. Following each
issue is commentary that explains the staff's recommendations on how the ordinance should be
changed or whether the Commission should have further discussion on it.
Issue #1: Once again, imprecise /ambiguous wording involving the "rental units ",
"multiple dwellings ", "rental housing units ", "living unit" and "rental dwellings" were
used. Commissioner Jasper gave staffsuggested changes.
Discussion: Staff was agreeable to making the suggested changes. This is very clear, no
additional discussion is needed. The changes are shown in the attached copy.
Issue #2: Once again, comments were made that the ordinance should be reworded to apply
to all rental units, including owner occupied multifamily (i.e. duplex) units.
Discussion: The wording suggested by Commissioner Jasper at the last meeting would be one
way to structure the Ordinance to apply to all rental dwellings that are located on a single lot
(i.e. including owner occupied duplexes). The suggested wording would exempt townhouse
and single family homes from having to get a rental license if they should choose to rent it out.
Again, how this is going to be structured is a policy question. The history on this issue reveals
that the Council directed that the owner occupied duplex units have not been required to obtain
a rental license for the side that is rented. The current wording in the Ordinance exempts these
types of units. If the Commission would like to make the change to that suggested by
Commissioner Jasper that should be further discussed at the next meeting. The wording that
was suggested is as follows:
Rental Dwelling -- Any building with two (2) or more separate living units with at least one
1 unit for hire. Rental dwelling does not include hotels, motels and hospitals.
E
9
Issue #3: The process of suspending a license is inconsistent between a provisional and a
regular license.
Discussion: The comment was made at the last meeting that how there are different triggers as
to how the licensee would be given notices and at what interval. The Commission should
review the regular and provisional license triggers and make the Ordinance consistent.
Issue #4: Section 11, Subsection I needs to be rewritten to add the Criminal Statutes as
item #8; and also subsection 3 needs to have some words deleted.
Discussion: The staff is in agreement and the revised Ordinance attached to this report includes
the changes. No additional discussion is needed.
Issue #S: The time period to correct violations is shown at seven (7) days instead of the
previous fifteen (I5) days and this needs to be reviewed.
Discussion: Comments at the last meeting included setting two different time periods to allow
licensees to take care of violations. One for minor Compliance Order violations and the second
time period that would be longer would be for more complicated Compliance Order violations.
The Commission should discuss this in further detail as to whether this is necessary, and if this
was what they meant.
Issue #6: Section 11, subsection 8 was not needed. However, the Commission thought it
should be discussed at the next meeting.
Discussion: The section that is referenced was left in to be able to review what was said in
context to all the other language in Section 11. The Commission needs to discuss further. Staff
is agreeable to removing this section, however the Commission should make the decision
whether it should be removed.
Issue V. Is the number of calls shown as grounds for the revocation of a license the right
number.
Discussion: At the last meeting this was discussed, and the Commission thought it was
acceptable. The Commission needs to reconfirm this.
Issue #8: Domestic abuse is not counted toward the calls that are violations of the
ordinance. Refer to Section 12 (I) (B).
Discussion: At the last meeting this was discussed, and the Commission thought that this needs
to be further discussed, and if this is not acceptable then the wording in the ordinance needs to
be changed.
•
• Issue #9: Section 11, subsection 4 describes that the City must notes the licensee of a
violation. It does not say how much time is allowed to elapse before the City must give the
licensee the notice. The importance of timely notification to the landlords was discussed,
and it was suggested that a definite time frame for the notification needs to be specified.
Discussion: At the last meeting this was discussed, and the Commission needs to be review this
once again. The comment was made at the last meeting that ... "this is so the landlord can try to
do something about the problem tenant (in a timely fashion) ". The Commission needs to verify
this is what they want.
Issue #10: Reword section 16, subsection 7 to say "Failure to comply with this ordinance
is a misdemeanor ".
Discussion: At the last meeting this was discussed, and the Commission thought it was
acceptable and the language needed to be simplified. The Commission needs to verify this is
what they want.
Revised Ordinance
Some additional wording changes have been made to the Rental Housing Ordinance since the
last meeting and it is attached for your review and consideration.
ACTION REQUESTED
40 The Planning Commission is asked to continue the Public Hearing regarding the proposed
Amendments to the Rental Housing Ordinance. Upon further public input, staff requests the
Planning Commission make comments and any necessary changes and forward the Rental
Housing Ordinance to City Council for adoption.
In attendance at the meeting will be a representative of the City Code Enforcement staff to
answer your questions.
•
Proposed Amendment (April 22, 2003 version)
Changes since the March 27 version are shown in Red.
(Rental Housing Ordinance #266)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 266 A
An Ordinance repealing Ordinance No. 99 adopted April 21, 1992 and further amended in
(date) .2003.
AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSIN 6 DWELLINGS IN
THE CITY OF ANDOVER.
(Added sections are shown in bold, deleted sections are shown with strikeouts.)
The City Council of the City of Andover hereby ordains as follows:
Section 1. Purpose and Intent.
It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of
the City who have as their place of abode a living unit furnished to them for the payment of a
• rental charge to another. This ordinance is the initial step in the City's effort to provide a
housing maintenance code.
It is the intent of this ordinance that uniform standards be established and applicable for all rental
dwellings in the City.
Section 2. Definitions.
The following words and terms used in this ordinance are construed and defined as follows:
Rental Dwelling Any building dwelling unit with two (2) or more separate living units
with at least one (1) for hire. "Rental dwelling" does not include hotels,
motels and hospitals.
Operate to charge a rental charge for the use of a jiving unit in a rental dwelling.
Section 3. License Required.
No person, firm or corporation shall allow to be occupied or let to another for a living unit
its in a rental dwelling for which a license has not been granted by the City
• . There shall be two types of licenses: regular
and provisional
determined by the Building , Each regular such operating license shall be issued
biennially and shall expire on June 30 th . License renewals shall
be filed at least sixty (60) days prior to license expiration. A provisional license shall be issued
only upon approval by the Citv Council and shall expire six (6) months after issuance;
reference Section 12 (2)(A) that sets forth criteria as to how a regular license may be re-
established.
Section 4. License Fees.
License fees, as set by City Council resolution, shall be due sixty (60) days prior to the license
expiration date. In the case of a new unlicensed rental dwelling, the license fee shall be due
upon issuance of the certificate of occupancy. In the case of licensing periods of less than two
(2) years, license fees shall be prorated monthly.
A license fee shall be collected for each living unit in a rental dwelling, except owner
occupied units.
(A) Filing Due Date and Penalty
If an application is made less than 60 days before the beginning date of the license
period applied for then the fee shall be accompanied by an additional amount equal
to 100 percent of such license fee The additional amount shall be a penalty for a
late application with the exception of the first year of the adoption of this
ordinance. In no case shall there be a lapse in the license period. The late penalty
is established for those licensees who have failed to submit an application as
• specified in this section. All new owners must submit an application and obtain a
new rental license, the old license is not transferable.
(B) Re- inspection Fee
A fee as set by City Council resolution, shall be charged for all re- inspections necessary
after the first re- inspection. The re- inspection fee(s) will be payable at the time of
license renewal for the property.
Section 5. Application for Rental Dwelling License.
Applications for Rental Dwelling licenses shall be made in writing to the City Build
by the owner of the rental dwelling units or his/her legally constituted agent.
Before anv Rental Dwelline license shall be issued or re newed, the owner shall complete an
application The following persons shall be authorized to sign and submit the application:
A. If the owner is a natural person, by the owner thereof.
B. If the owner is a corporation, by an officer thereof.
2
a
valid heense
be ehffged to the epenMer-
of the rental dwelling. Oneee
withetit a shall
refund,
>
(B) Re- inspection Fee
A fee as set by City Council resolution, shall be charged for all re- inspections necessary
after the first re- inspection. The re- inspection fee(s) will be payable at the time of
license renewal for the property.
Section 5. Application for Rental Dwelling License.
Applications for Rental Dwelling licenses shall be made in writing to the City Build
by the owner of the rental dwelling units or his/her legally constituted agent.
Before anv Rental Dwelline license shall be issued or re newed, the owner shall complete an
application The following persons shall be authorized to sign and submit the application:
A. If the owner is a natural person, by the owner thereof.
B. If the owner is a corporation, by an officer thereof.
2
C. If the owner is a partnership, by a partner thereof.
• The registration statement shall be made on forms prescribed by the City and shall
include:
A. The name and address of the owner of the rental dwellings
B. The name and address of any operator or agent actively managing the rental dwelling.
If "off- site" provide further data as to whom it is.
C. If the operator or agent is a business entity, the application shall include the names,
telephone numbers, and addresses of individuals who will be involved in such
management, together with a description of the scope of services and manner of
delivine these services by the manager.
D. If the registrant is a partnership, the name and address of all partners.
E. If the registrant is a corporation, the name and address of all officers.
F. If the rental dwelling is being sold on a contract for deed, the name and address of the
vendees.
G. The leeal address of the rental dwelling.
H. The number of living units within the rental dwelling.
Notification by the rental operator shall be given to the City Building Offieia4 within five (5)
business days with any change of information as required and stated in the initial application.
Section 6. License Issuance.
The City shall issue a rental dwelling license if the building and the application are found
to be in compliance with the provisions of this Ordinance.
Section 7. Renewal of License.
The license period shall commence on Julv 1. A regular lice shall be issued for a period
of two years A provisional license shall be issued only upon approval by the City Council
pursuant to the requirements of Section 12 of this ordinance for a period of six months;
reference Section 12 (2)(A) that sets forth criteria as to how a regular license may be re-
established.
Section 6- 8. Conformance to Laws.
No rental dwelling oper-afin g license shall be issued or renewed unless the rental dwelling and
its premises conform to the ordinances of the City and the laws of the State of Minnesota.
Section -7- 9. Inspeefien Condition. 4nspections and Investigations
No rental dwelling eper-atin g license shall be issued or renewed unless the owner of rental units
agrees in his/her application to permit inspections pursuant to this Section.
•
The Building Official and Fire Chief and/ their designated 1 representatives are is
hereby authorized to make inspections reasonably necessary to the enforcement of this ordinance.
Persons inspecting any rental dwelling as provided herein shall notify the license holder of all
violations, if any, by issuing a written Compliance Order. Said Compliance Order shall direct
that compliance be made in no more than fifteen (15) seven 7 days, unless extended by the
Building Official and/or Fire Chief based on good cause.
Section 8 10. License Not Transferable.
No operating license shall be transferable to another person or to another rental dwelling. Every
person holding a rental dwelling an aperating license shall give notice in writing to the City
Building Offie within five (5) business days after having legally transferred or otherwise
disposed of the legal control of any licensed rental dwelling. Such notice shall include the name
and address of the person succeeding to the ownership or control of such dwelling or dwellings.
Section 43 11. Conduct on Licensed Property.
(1) It shall be the responsibility of the licensee to see that persons occupying the living units
conduct themselves in a manner as not to cause the premises to be
disorderly. For the purpose of this Section, a premises is disorderly at which any of the
following activities occur:
. 1. Violation of the City's Noise Ordinance.
Violation to State laws relating to the possession or sale of illegal drugs or
controlled substances.
Violation of Disturbing the Peace.
4. The unlawful sale of liquor.
Violation to laws relating to gambling.
6. Violation of State laws relating to acts of prostitution.
The unlawful use or possession of a firearm as per State law.
Enforcement Authority. The City Administrator shall be responsible for
enforcement and administration of this Chapter. Authority to take any action
authorized by this Chapter may be delegated to the City Administrator's designee.
Landlords and Tenants should also be aware of other rules and regulations as
stiplulated in State Statutes Section 504B (Tennant and landlord rights); and
• Section 609 (i.e. Disorderly Conduct, Assembly; Riot; Terroristic Threat;
Presence at Unlawful Assembly.
u Notice of Violation Upon determination by the City pig A€beial that a fiseased
living unit premises was used in a disorderly manner, as described in this Section, the City
Building Offie shall give notice to the licensee of the violation and direct the licensee to take
steps to prevent further violations. The disorderly manner shall be as defined in this Section.
Second Instance. If a second anether instance of disorderly use of the lieermed living
unit premises occurs within three (3) months of an incident for which a notice was given as
specified in Section 11 (3) by the Building Offiraial, the City Building Offieial shall notify the
licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee
to prevent further disorderly use of the living unit premises. This written report shall be
submitted to the City Building Offieial within five (5) days of receipt of the notice /report of
disorderly use of the living unit premises and shall detail all actions taken by the licensee in
response to all notices of disorderly use of the living unit premises within the preceding three (3)
months.
u Third Instance. If a third aneth instance of disorderly use of the lieensed living unit
premises occurs within three (3) months after any two (2) previous instances of disorderly use for
which notices were given to the licensee pursuant to dais Section 11 (4), the rental dwelling
license for the rental dwelling premises may be denied, revoked, suspended or not renewed. An
action to deny, revoke, suspend, or not renew a license under this Section shall be initiated by the
City Building Offleial who shall give to the licensee written notice of a hearing before the City
Council to consider such denial, revocation, suspension or nonrenewal. Such written notice shall
specify all violations of this Section, and shall state the date, time, place and purpose of the
hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days
after giving such notice.
f7 Action ofthe City Council Following the hearing, the City Council may deny, revoke,
suspend or decline to renew the license for all or any part or parts of the lieensed rental dwelling
premises or may grant a license upon such terms and conditions as it deems necessary to
accomplish the purposes of this Section.
Instances Defined. For purposes of this Section, instances of disorderly use shall be
those which:
A. Occur at the same living unit rental dwell*°^; or
B. Involve tenants at the same living unit rental ` we ; or
C. Involve guests or invitees at the same living unit Fental dwelline • or
A Involve guest or invitees of the same tenant; or
E. Involve the same tenant.
Eviction Proceedings No adverse license action shall be imposed where the instance of
disorderly use of the living unit premises occurs during the pendency of eviction proceedings
• (unlawful detainer) or within thirty (30) days of notice given by licensee to a tenant to vacate the
premises where the disorderly use was related to conduct by that tenant or by other occupants or
guests of the tenant's living unit. Eviction proceedings shall not be a bar to adverse license
action, however, unless they are diligently pursued by the licensee. Further, any action to deny,
5
revoke, suspend, or not renew a license based upon violations of this Section may be postponed
or discontinued at any time if it appears that the licensee has taken appropriate measures which
will prevent further instances of disorderly use.
Evidence ofDisorderly Manner A determination that the licensed rental dwelling has
pr-eFnises have been used in a disorderly manner as described in this Section shall be made upon
substantial evidence to support such determination. It shall not be necessary that criminal
charges be brought in order to support a determination of disorderly use, nor shall the fact of
dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this
Section.
Serving of Notice All notices given by the City under this Section shall be personally
served on the licensee, sent by certified mail to licensee's last known address or, if neither
method of service effects notice, by posting on a conspicuous place on the licensed rental
dwellin premises.
Council Action Not Exclusive Enforcement actions provided in this Section shall not be
exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the
licensed rental dwelling premises as is authorized by this ordinance or State law.
Section 12. Provisional License.
(t) Police calls Licensed living units in a rental dwellings that have generated 3 or more
• police calls during the license period shall only be eligible for a provisional license at the
time of next renewal, as specified in this Section.
(A) Police calls that are counted in determining whether a provisional license is
required include the following types of calls or events:
(1) Calls or events listed in Sections 11 or 12.
(2) Calls or events categorized as part one crimes in the Uniform Crime
Reporting System, including homicide rape robbery, aggravated assault
burgurlary, theft, auto theft, and arson.
3) Calls or events categorized by the Public Sa fety Department: miscellaneous
iuvenile status crimes; liquor offenses or curfew violations; disturbing the
peace or harassing communications; property damage; criminal damage to
Property or trespass; domestic incidents; public disturbance or disorderly
conduct; loud party or noise complaints; disorderly iuveniles assault in the
fifth degree or non - domestic related assaults. The Sheriff shall maintain for
public inspection a description of the coding system and a list of the codes and
crimes included within each of these categories or calls or events. The Sheriff
may determine that multiple incidents shall be counted as a single call in
appropriate cases.
(B) Calls will not be counted for purposes of determining whether a provisiona l
license is required where the victim and suspect are "Family or household members"
as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518 B.01,
Subdivision 2(b) and where there is a report of "Domestic Abuse" as defined in the
Domestic Abuse Act, Minnesota Statutes, Section 518 B -01, Subdivision 2(a).
(C) The City will provide a violation report by mail to each licensee for all calls
described in this Section. The violation report will describe the nature and type of
call that became an instance which will be counted for purposes of determining
whether the license will be denied, revoked, suspended or not renewed.
(2) Mitigation Plan. Prior to consideration of a provisional license, the applicant for a
provisional license must submit a mitigation plan to City staff to work out the details of a
mitigation plan and it must be reviewed and approved by the City Council.
(A)The mitigation plan shall describe steps proposed by the applicant to reduce the
number of police or fire calls described in Section 11, Subsection (A)(1) over the six
month period of the provisional license to a level that would entitle the property to
aualify for a regular license at the end of the six month provisional license period.
(B)The mitigation plan may include such steps as: changes in tenant screening
procedures changes in lease terms, security measures, rules and regulations for
tenant conduct, and security personnel.
(3) Decision of City Council. The application and a proposed mitigation plan will be
presented to the City Council together with a disposition recommendation by the City
Administrator. After giving the applicant an opportunity to be heard and present
evidence the City Council shall approve, disapprove, or approve with conditions the
mitigation plan and the provisional license If the City Council disapproves an application
and mitigation plan or approves a provisional license with conditions, it shall state its
reasons for so doing in writing.
4) Monthly Reports. The provisional licensee shall comply with the approved mitigation
plan. No later than the tenth day of each month, the licensee shall mail or deliver to the
City a written report describing all steps taken in furtherance of the mitigation plan during
the preceding month If the required monthly reports are not submitted in a timely fashion
by the licensee, then the Citv may begin proceedings to revoke the provisional license for all
or any part or parts of the licensed premises.
Section 4-0- 13. Maintenance Standards.
Every rental dwelling unit shall maintain the standards as stated in Ordinance No. 267, the
Housing Maintenance Code.
Section 44 14. Landscape Condition.
Each rental dwelling uni4 shall be maintained by its owner, occupant, operator or agent so that the
yards, open spaces and parking facilities are kept in a safe and attractive condition. Wkefe a
plan shall be eensidefed as fninima4 and shall be fnaif"ned eeeofilingly. Aity deviation to
7
mat fiat shall we e to er- befte,. than eriginaNy approved. in addition, adequate
lighting faculties shall be provided and operated between the hours of sunset and sunrise; and
snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and
parking areas in a safe condition.
Section 1-2 15. Safety from Fire.
An owner, operator or agent of a rental dwelling shall be responsible to comply with the
applicable provisions of the Fire Code of the City, including the keeping of all fire lanes open for
emergency purposes.
Section 4-5 16. Revocation or Suspension.
WMMIM
(1) Reason for Action. The Council may revoke suspend, deny or decline to renew any
license issued under this Ordinance upon any of the following grounds:
A. False statements on anv application or other information or report required b
this Ordinance to be given by the applicant or licensee.
B. Failure to pay any application, penalty, reinspection, or reinstatement fee
required by this Ordinance and resolution.
C. Failure to correct deficiencies noted in notices of violation in the time specified in
the notice.
A Failure to comply with the provisions of an approved mitigation plan in the case
of provisional licenses.
E. Any other violation of this Ordinance.
(1) Applicable Sections. Revocation, suspension, and non - renewal may be brought
• under either this Section or Section 11.
the City ef the lffws of the Swe of Minneseta.
WMMIM
(1) Reason for Action. The Council may revoke suspend, deny or decline to renew any
license issued under this Ordinance upon any of the following grounds:
A. False statements on anv application or other information or report required b
this Ordinance to be given by the applicant or licensee.
B. Failure to pay any application, penalty, reinspection, or reinstatement fee
required by this Ordinance and resolution.
C. Failure to correct deficiencies noted in notices of violation in the time specified in
the notice.
A Failure to comply with the provisions of an approved mitigation plan in the case
of provisional licenses.
E. Any other violation of this Ordinance.
(1) Applicable Sections. Revocation, suspension, and non - renewal may be brought
• under either this Section or Section 11.
(2) Regular License. A regular license may be revoked, if at mid -term, or not renewed,
if at the end of a term upon a findine that the premises are only eligible fora Provisional
license as provided in Section 12.
(3) Written Notice. A decision to revoke, suspend, deny or not renew a license shall be
preceded by a written notice to the applicant or licensee of the alleged grounds therefore
and the applicant or licensee will be given the opportunity for a hearing before the Citv
Council before final action to revoke, suspend, deny, or not renew a license.
(4) Action of City Council. The City Council shall give due regard to the frequency and
seriousness of violations, the ease with which such violations could have been cured or
avoided and good faith efforts to comply and shall issue a decision to deny, not renew,
suspend, or revoke a license only upon written findings. The City Council may suspend or
revoke a license or not renew a license for part or all of the rental dwelling faeility.
(5) Reinstatement of License. Upon a decision to revoke, deny, or not renew a license, no
new application for the same living unit faeility will be accepted for a period of time
specified in a written decision of the City Council, not exceeding one year. Such new
applications must be accompanied by a reinstatement fee, as specified by resolution, in
addition to all other fees required by this Ordinance.
(6) No New Rentals. A written decision to revoke, suspend, deny, or not renew a license
or application shall specify the part or parts of the rental dwelling f-ae4ity to which this
applies. Thereafter, and until a license is reissued or reinstated, no living unit rental
dwelling becoming vacant in such part or parts of the rental dwelling fee4ity may be relet
or occupied Revocation suspension or non - renewal of a license shall not excuse the owner
from compliance with all terms of this Ordinance for as long as any living units in the
rental dwelling €aeility are occupied.
(7) Failure to Comply. Failure to comply with all terms of this Ordinance ditrg tke
term of fl °l is a misdemeanor fbF extensoon of the term
_ , or for- a deeis*o" not to
Subdivision (6).
Section 17. No Retaliation.
No licensee shall evict, threaten to evict or take anv other p unitive action against an
tenant by reason of good faith calls made by such tenant to law enforcement agencies
related to criminal activity, suspected criminal activity, suspicious occurrences, or public
safety concerns. This Section shall not prohibit the eviction of tenants from a rental
dwelling for unlawful conduct of a tenant or invitee or violation of any rules, regulations,
or lease terms other than a prohibition against contacting law enforcement agencies.
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Section 4-6 18. Summary Action.
i When the conduct of any licensee #elder or their agent, representative, employee or lessee or the
condition of their dwelling is detrimental to the public health, safety and general welfare as to
constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an
emergency, the City Building Offleial shall have the authority to summarily condemn or close
off such area of the rental dwelling.
Any person aggrieved by a decision of the Citv Building OffieW to cease business or revoke or
suspend the license or permit shall be entitled to appeal to the City Council immediately by filing
a Notice of Appeal. The City Building Off eW shall schedule a date for hearing before the City
Council and notify the aggrieved person of the date.
The hearing shall be conducted in the same manner as if the aggrieved person had not received
summary action.
The decision of the City Building Offieial shall not be voided by the filing of such appeal. Only
after the City Council has held its hearing will the decision of the City Building Offi&4 be
affected.
Section 4-7 19. Applicable Laws.
Licensee shall be subject to all of the ordinances of the City and laws of the State related to
rental dwellings. This ordinance shall not be construed or interpreted to supersede or limit any
• other such applicable ordinance or law.
Section 4-8 20. Severability Clause.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
Adopted by the City Council of the City of Andover on this th day of , 2003.
ATTEST:
Victoria Volk, City Clerk
CITY OF ANDOVER
Michael Gamache, Mayor
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