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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
January 11, 2005
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes — December 14, 2004.
3. PUBLIC HEARING: Conditional Use Permit (05 -01) for drive through for
TCF Bank at Lot 1, Block 1, Andover Marketplace 2 nd Addition.
4. PUBLIC HEARING: Conditional Use Permit (05 -03) to amend Planned
Unit Development Approval of Grey Oaks to add permitted uses to Lot 1,
Block 2.
5. PUBLIC HEARING: Lot Split (04 -05) to create two rural residential lots
from property located at 3415 163� Lane NW.
6. WORK SESSION:
a. Zoning Ordinance Update
i. City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles;
Operation on Public Property
ii. City Code 12 -2 Definitions; Miscellaneous Industry
iii. City Code 12 -4 -3 A. General Zoning Provisions; Buildable
Lot
7. Other Business
8. Adjournment
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - December 14, 2004
DATE: January 11, 2005
Request
The Planning and Zoning Commission is asked to approve the minutes from the
December 14, 2004 meeting.
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PLANNING AND ZONING COMMISSION MEETING —DECEMBER 14, 2004
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Da on December 14, 2004, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
Chairperson Daninger, Commissioners Tim Kirchoff, Rex
Greenwald and Michael Casey.
Commissioners Tony Gamache, Dean Vatne and Jonathan
Jasper.
City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Others
APPROVAL OF MINUTES.
November 23, 2004
Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 0- present, 3- absent ( Gamache, Vatne, Jasper) vote.
PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (04 -09) TO
EXTEND RETAIL SALES EVAN INDUSTRIAL ZONE TO PROPER TY LOCA TED
IMMEDIA TEL Y NOR TH OF 13540 HANSONBOULEVARD NW.
Mr. Cross explained the Planning Commissioner is asked to review this request for an
amendment to a Conditional Use Permit issued to Chris Beberg and John Skogman in
1997, which allowed them to operate a retail trade and service facility in an Industrial
Zoning District.
Mr. Cross discussed the staff report with the Commission.
Chairperson Daninger stated when they first saw this there was talk about future
development along Hanson Boulevard and when it would be developed, did this have any
•
Regular Andover Planning and Zoning Commission Meeting
Minutes — December 14, 2004
Page 3
• Mr. Cross stated that this item would be before the Council at the December 21, 2004
City Council meeting.
PUBLIC HEARING: RESIDENTL4L SKETCH PLAN FOR PROPOSED SINGLE
FAMILYRURAL DEVELOPMENT LOCATED IN THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 32, RANGE 24, ANO&4 COUNTY, MINNESOTA.
Mr. Bednarz explained the Planning Commission is asked to review a residential sketch
plan for a single family rural residential development to be known as Brook Crossing.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Kirchoff noted there is a cul -de -sac because there is a creek. Could they
put a bridge over the creek, does the land have any value or use beyond the development.
Mr. Bednarz stated there would not necessarily need to be a bridge to cross the creek to
the west, there could possibly be a culvert that would allow the connection to occur. It is
the recommendation of the Engineering Department that the collector route is not
necessary based on the three items in the staff report.
Commissioner Greenwald stated one of the reasons 175 was at one time a future
extension was because it was in the potential rural reserve area. When did this occur?
• Mr. Bednarz stated it was towards the end of 2001. The City identified two
approximately one thousand acre areas for the rural reserve study and it ended up not
including the area north of County Road 20 with an exception of about eighty eight acres
to the south.
Chairperson Daninger asked if they have seen alternative sketch plan for this. Mr.
Bednarz stated they have.
Commissioner Kirchoff asked if this was one parcel. Mr. Bednarz stated it was.
Commissioner Kirchoff thought everyone had a right to access the property. Mr.
Bednarz stated the County will request the right of access be dedicated with no additional
driveways allowed.
Commissioner Greenwald stated the difficulty and expense to connect this was the reason
not to do this. Mr. Bednarz stated this would be at the bottom of the list of reasons not to
do this.
Commissioner Greenwald wondered if the rest of the land to the west might want to be
developed because there is not a ghost plat to review.
Motion by Greenwald, seconded by Casey, to open the public hearing at 7:30 p.m.
• Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Gamache, Vatne, Jasper) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes — December 14, 2004
Page 5
• Mr. Quigley stated in regards to the ghost plat, the road was configured in proportion to
the sensitivity of the owner. Mr. Bednarz stated in consultation with the owner, he
requested the road where it is shown. It is not necessarily the responsibility of the
developer to ghost plat if they can show adequate access to their development.
Mr. Bednarz stated there are different issues regarding urban and rural development.
Mr. Bednarz stated regarding the ghost plat issue, they do require some demonstration
that there is a feasible way to extend streets and allow a feasible lotting layout under the
regulations to be achieved, what they do not have are a grading plan, soil borings or a lot
of detailed information about properties that are not involved in the plat so it is not
possible to go to that level of detail other than to assure that base of information is taken
into account.
Motion by Greenwald, seconded by Kirchoff, to close the public hearing at 7:51 p.m.
Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Gamache, Vatne, Jasper) vote.
.Commissioner Greenwald stated it was about six months ago when they looked over the
transportation plan and he wondered if this was one of those items they were potentially
not going to connect, 177''. He stated when they look at a development regarding ghost
plats, all he ever thinks about is that when a developer brings in a potential residential
• sketch, that they are not land locking and that there is some consideration for the
connection property. He never thought of this as a requirement but it is nice to see how
the properties will go together in the future.
Commissioner Greenwald asked if changing the transportation plan was something that
needed to be done. Mr. Bednarz stated regarding the transportation plan, they addressed
a couple of months ago a very specific item in the transportation plan concerning
collector streets. When that reached the Council, through their discussion, they identified
some other items as well as their desire to have a general discussion about the
transportation plan in general and a number of changes that could be made to it.
Commissioner Kirchoff thought that every time they have a sketch plan, they like to see
how everything will connect. He was satisfied with the sketch of adjacent property.
Urban areas are harder to show this. They have a lot of issues of people having drive
ways on roads that have an ADT of fifty and a future ADT being greater. He stated he
cannot see putting any more driveways on Hanson Boulevard. Commissioner Greenwald
concurred.
Chairperson Daninger thought the only concern the Commission saw was the access off
Hanson Boulevard.
Mr. Bednarz stated that this item would be before the Council at the January 4, 2005 City
• Council meeting.
Regular Andover Planning and Zoning Commission Meeting
Minutes — December 14, 2004
Page 7
• Commissioner Greenwald stated he would like to discuss parking lot requirements and
the long cul -de -sac issues.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
Commissioner Kirchoff asked if the City sends the Planning Commission to the APA.
Mr. Bednarz stated they do not, just the MN Chapter.
Commissioner Greenwald wondered how the bowling alley was coming along. Mr.
Bednarz stated the developer was in yesterday and this is going to be developed.
Mr. Bednarz stated this will be the last Planning Commission meeting of the year. The
December 28, 2004 meeting has been cancelled.
Chairperson Daninger thanked Commissioner Gamache, even though he was not at the
meeting, for all of his work on the Commission and wished him the best.
ADJOURNMENT.
• Motion by Greenwald, seconded by Kirchoff, to adjourn the meeting at 8:25 p.m.
Motion carried on a 4 ayes, 0 nays, 0 present, 3 absent ( Gamache, Jasper, Vatne) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
•
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a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Plann4
SUBJECT: PUBLIC HEARING: Conditional Use Permit (05 -01) for drive through for
TCF Bank at Lot 1, Block 1 Andover Marketplace 2 Addition.
DATE: January 11, 2005
INTRODUCTION
Drive throughs are conditional uses in the General Business Zoning District. Review of these
permits is intended to ensure adequate stacking for vehicles and to ensure the noise and lighting
associated with this type of use will not adversely affect surrounding properties.
DISCUSSION
The proposed bank and drive through will be surrounded by commercial businesses and an
existing residential neighborhood across Bunker Lake Boulevard to the north. Evergreen trees
will be added between the drive through and Bunker Lake Boulevard to help shield headlights
from the residential properties to the north.
Sufficient stacking is provided for a large number of vehicles that can be dispersed among the
five drive through lanes as shown on the attached site plan.
The photometric plan provided by the applicant indicates that lighting will be less than the
maximum light allowed at residential property lines (0.4 foot candles). All lights will be
required to be shielded and directed downward.
The proposed project will be required to complete the commercial site plan review process as
indicated in the attached resolution.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the proposed conditional use
permit subject to the conditions of the attached resolution.
Attachments
Resolution
Location Map
Site Plan
Q
Cc: Michael Kraft, HTG Architects 9300 Hennepin Town Road Minneapolis, MN 55347
Conditional Use Permit
TCF Drive Through
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Project Location Map
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Planning Intern A
SUBJECT: Conditional Use Permit (05 -03) to amend Planned Unit Development Approval of
Grey Oaks to add permitted uses to Lot 1, Block 2.
DATE: January 11, 2005
INTRODUCTION
The applicant is requesting a Conditional Use Permit to amend the Planned Unit Development
(PUD) Approval for Grey Oaks for Lot 1, Block 2.
DISCUSSION
The PUD for Grey Oaks allows a daycare center as a commercial use on this site. The applicant
operates a dance studio, which would be relocated to this location if the proposed amendment
were approved. The dance studio would use approximately one half of the proposed building.
The applicant is requesting that the PUD be amended to include office and retail trade and
services as permitted uses on the site, with the following uses being excluded: retail tobacco
store; new or used car sales; service station/repair garage; adult use businesses; car wash/self-
service vehicle wash; recreational vehicle, boat, and marine equipment sales; pawn broker; liquor
licenses; and dancing/live entertainment.
Chapter 12 -2 -2 of the Andover City Code defines "Retail Trade and Services" as: "Stores and
shops selling the personal services or goods over a counter. These include: antiques, art and
school supplies, auto accessories, bakeries, barbershops, beauty parlors, bicycles, books and
stationery, candy, cameras and photographical supplies, carpets and rugs, catering
establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume
rental, custom dressmaking, department stores and junior department stores, drugs, dry foods,
electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden
supplies (year round operation only), gifts, hardware, hats, hobby shops for retail of items to be
assembled or used away from the premises, household appliances, hotels and apartment hotels,
interior decorating, jewelry, including repair, laboratories, medical and dental research and
testing, laundry and dry cleaning pickup (processing to be done elsewhere), laundromat, leather
goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists,
paint, wallpaper, phonograph records, photography studios, service station, restaurant (when no
entertainment or dancing is provided), shoes, sporting goods, tailoring, theater, except open air
drive in, therapeutic massage establishments (on and off site massage services), tobacco, toys,
variety stores, wearing apparel and similar type uses."
The applicant is also requesting that on -site dry cleaning be included as a permitted use. The
City Code does not permit on -site dry cleaning operations in any zoning district within the city.
Only drop off /pick -up sites are permitted. At the time that the ordinance was written, dry
cleaning businesses were noisy, and large operations had the potential to create a significant
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. -05
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS
RUDNICKI FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 155 LANE
AND HUMMINGBIRD STREET, (PIN 22- 32 -24 -11 -0026) LEGALLY DESCRIBED AS:
Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota ,
WHEREAS, Louis Rudnicki has requested a Conditional Use Permit to amend the Grey Oaks
Planned Unit Development Approval;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Conditional Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit to amend the Planned Unit Development Approval for Grey Oaks to
include office, retail trade and services and on -site dry cleaning as permitted uses on said
property, with the following conditions:
1. The following uses shall be prohibited on the site: retail tobacco store; new or used
vehicle sales, service station/repair garage; adult use businesses; car wash/self- service
vehicle wash; recreational vehicle, boat, and marine equipment sales; pawn broker;
liquor licenses; dancing/live entertainment.
2. The site shall conform in all other ways to the approved Planned Unit Development for
Grey Oaks approved by resolution number R055 -99.
3. The Conditional Use Permit shall be contingent upon approval of a Commercial Site
Plan.
4. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 15 -6 -D
of the Andover City Code
Adopted by the City Council of the City of Andover on this day of ' 2005.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
2711 Dahlia Street
Oak Grove, MN 55011
December 20, 2004
• City of Andover
1685 Crosstown Blvd
Andover, MN 55304
Dear Staff, Commissioners, Council Members and Mayor,
We respectfully request the Grey Oaks PUD be amended to expand the conditional use for Lot 1, Block 2'to include
office, retail trade and services, and on -site dry cleaning. In order to address concerns about inappropriate uses near
a residential development, we are recommending the following use exclusions: retail tobacco store; used or new car
sales; service station / repair garage; adult use businesses; car wash / self service vehicle wash; recreational vehicle,
boat, marine equipment sales; pawn broker; liquor, dancing or live entertainment.
Dry Cleaning Use
We currently have a neighborhood dry cleaner with a clean environmental track record interested in leasing space.
There are no provisions in the Andover City Ordinances for on -site dry cleaning operations. The City of Coon
Rapids currently has on -site dry cleaning operations in their Community Commercial district. The City of Blaine
currently allows dry cleaning businesses in their Neighborhood Business, Community Commercial, and Regional
Commercial districts. A neighborhood on -site dry cleaner is a reasonable use on a commercial property. The new
dry cleaning equipment is much quieter, more energy efficient, and does not have the same environmental impact as
the equipment of past operations. Current dry cleaning operations are required by law to dispose of any associated
chemicals with a licensed environmental disposal company.
Natural Gas Pipeline
We have worked extensively with Northern Natural Gas to come up with a sketch plan that addresses their concerns
by providing green space directly above the 16" high pressure main and between the pipelines and the building.
. Site Plan Issues
1) The number of parking spaces has been increased by approximately 24% above the required amount to
accommodate the needs of the dance studio.
2) The building pad has been relocated, minimizing the impact of building front signs on the future residential
units, moving it farther from the existing single family homes, and increasing visibility from Hanson Blvd.
3) The entrance from 155 lane has been moved, eliminating the curve at the entrance, improving sight
distances for 155' Lane, and providing better circulation and safety in the parking lot.
4) Vegetative screening will be increased along the rear lot line.
5) Conversations with adjoining property owners about our intentions yielded no negative feedback.
Business History
We are second generation owners of a dance studio that has been operating in Anoka County since 1974. Our studio
has been in business this long by making informed business decisions and providing a unique niche in the dance
studio industry. We offer music and costumes based on strong Christian values. Our performance groups do not
compete, instead they perform at community service events such as nursing homes, state and county fairs, and
fundraiser events for the Leukemia & Lymphoma Society. We also offer the only nationally certified clogging
instructor serving the northern Twin Cities Metro area. The majority of our students drive past other dance studios
to get to our current location. Approximately 3000 -3500 ft this site would serve as the new permanent home for
our dance studio. Many years of searching has led us to this ideal location for our business. We and our students
are excited about the possibilities this new location offers.
We thank you in advance for your consideration.
i
Louts & Colleen Rudnic i
C2
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City PlanneA-
SUBJECT: PUBLIC HEARING: Lot Split (04 -05) to create two rural residential
lots from property located at 3415 163 Lane NW.
DATE: January 11, 2005
INTRODUCTION
The applicant proposes to create a new rural lot and retain a ten acre lot for the existing
home to preserve the green acres status of the property. This lot split is located adjacent
to a temporary cul -de -sac at 162 "d Lane NW (see attached location map).
DISCUSSION
Minimum District Provisions
Each of the lots will exceed the minimum width, depth and area of the R -1 Zoning
District. Please note that the east property line will be the front property line for each
proposed lot at this time.
Access
A temporary cul -de -sac presently exists at the end of 162 " Lane NW. The property to
the west of the subject property has been purchased by Meadow Creek Church. It is
possible that a school may be constructed on this property in the future.
City Code 12 -4 -9 requires future street extensions to be preserved. This requirement will
add the following recommended conditions of approval to the proposed lot split:
1. A 60 foot wide street, drainage and utility easement to accommodate the potential
future extension of 162 Lane through the property.
2. A 120 foot diameter street, drainage and utility easement to allow construction of
a permanent cul -de -sac in the event 162 "d Lane NW is not extended through the
property in the future.
3. The costs associated with construction of a street through the property or a
permanent cul -de -sac are the responsibility of the applicant. A condition of
approval requires a financial surety in the amount of $53,700 to allow one of
these items to be constructed. This cost estimate includes removal of the existing
temporary cul -de -sac and extension of 162 Lane to the west property line. In
the event that actual construction costs are less than the financial surety, the
difference would be refunded to the applicant.
The applicant has indicated to staff that a street extended through his property benefits
the property to the west. If the property to the west developed first and needed access to
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO
TWO PARCELS PROPERTY LOCATED AT 3415 163 LANE NW (P.I,D. 17- 32 -24-
13 -0002)
WHEREAS, Jaime Humnick has requested approval of a lot split to subdivide property
located at 3415 163 Lane NW, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover, and;
WHEREAS, a public hearing was held pursuant to state statutes, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
The applicant shall provide a sixty foot wide street, drainage and utility easement
in favor of the City of Andover to allow 162 d Lane NW to be extended through
the property in the future.
The applicant shall provide a one hundred and twenty foot diameter street,
drainage and utility easement in favor of the City of Andover to allow a
permanent cul -de -sac to be constructed in the future.
3. The applicant shall provide ten foot wide drainage and utility easements around
the perimeter of both properties.
The applicant shall be required to provide a financial surety in the amount of
$53,700 for construction of the extension of 162 "d Lane NW or a permanent cul-
de -sac. A determination of what will be constructed will be made at the time the
adjoining property to the west is proposed for development. In the event that
actual construction costs are less than the financial surety the difference shall be
refunded to the applicant. The City shall initiate vacation of any street, drainage
and utility easements that are no longer needed as a result of this determination.
5. The applicant shall be required to pay a park dedication fee in the amount of
$2,325 and a trail fee in the amount of $565.
Lot Split
3415163rd Lane NW
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162nd Lane N.W. Roadway Improvements
ALTERNATE C Ezt Qd RoadwayWNEW CabDe -Sac
•
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT
AMOUNT
NO.
PRICE
1
MOBILIZATION
1
EACH
$
1,000.00
$
1,000.OD
2
SAWING BITUMINOUS PAVEMENT (FULL DEPTH)
26
L.F.
$
5.00
$
130.00
3
REMOVE EXISTING BITUMINOUS CAL- DE-SAC
615
SY
$
3.00
$
1,845.00
4
COMMON EXCAVATION
2425
CY
$
6.00
$
14,550.00
5
SUBGRADE PREPARATION
2.8
R.S.
$
300.00
$
840.00
6
AGGREGATE BASE CLASS 7B
475
TON
$
1200
$
5,700.00
7
CONCRETE CURB & GUTTER
856
L.F.
$
9.00
$
7,704.00
8
TYPE LV 3 NON -WEAR COURSE BITUMINOUS MIXTURE
122
TON
$
40.00
$
4,860.00
9
TYPE LV 4 WEAR COURSE BITUMINOUS MIXTURE
122
TON
$
42.00
$
5,124.00
10
TOPSOIL BORROW
61
CY
$
12.50
$
76250
11
SODDING LAWN TYPE
556
SY
$
2.50
$
1,390.00
12
SEEDING, MULCH, & FERTILIZER
0.8
ACRE
$
2,000.00
$
1,600.00
13
CATCH BASIN TYPE 401
2
EACH
$
1,800.00
$
3,600.00
14
12' RCP STORM SEWER PIPE
48
L.F.
$
64.00
$
3,072.00
15
12" APRON WITH TRASH GUARD
1
EACH
$
1,200.00
$
1,200.00
16
RIP RAP CLASS 3
3
CY
$
100.00
$
300.00
TOTAL ALTERNATE C
$
53,697.50
is
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• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Plannee*
SUBJECT: WORK SESSION: Zoning Ordinance Update
DATE: January 11, 2005
INTRODUCTION
Please find attached the following proposed code revisions:
• City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property
• City Code 12 -2 Definitions; Miscellaneous Industry
• City Code 12 -4 -3 A. General Zoning Provisions; Buildable Lot
DISCUSSION
Staff will present each item individually to the Planning Commission.
to
ACTION REQUESTED
Please discuss and make a recommendation for each item.
Attachments
City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property
City Code 12 -2 Definitions; Miscellaneous Industry
City Code 12 -4 -3 A. General Zoning Provisions; Buildable Lot
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3. Upon the roadway, shoulder, inside bank or slope of any trunk, county state aid, or
county highway within the city and, in the case of a divided trunk or county hi way, on
the right of way between the opposing lanes of traffic.
4. On city streets, except on the shoulder of the roadway or, in the absence of an improved
shoulder, on the right hand most portion of the roadway (not on boulevard areas), and in
the same direction as the street traffic on the nearest lane of the roadway adjacent thereto.
In addition, snowmobiles or all- terrain vehicles shall take the shortest route on any city
street to access any county road, county state aid highway, or any designated snowmobile
trails.
5. On or within fifteen feet 0 5') a public sidewalk or walkway provided or used for
pedestrian travel.
6. In a tree nursery or planting in a manner which damages or destroys growing stock.
B. Permitted Areas:
1. The operation of all- terrain vehicles or snowmobiles is permitted north of the described
line as shown in exhibit A attached to ordinance 109 on file in the office of the city clerk
for public use and inspection. The following designated trails or areas south of this Iine
are permitted:
2. On Round Lake (when frozen) when access can be legally obtained.
3. On Crooked Lake (when frozen) when access can be legally obtained. (Amended Ord.
109, 6 -6 -1995; amd. 2003 Code)
C• Crossing Public Streets: A snowmobile or all- terrain vehicle may make a direct crossing of a
street or highway, provided:
1. The crossing is made at an ang le of approximately ninety degrees (90 °) to the direction of
the street or highway, and at a place where no construction prevents a quick and safe
crossing.
2. The snowmobile or all- terrain vehicle is brought to a complete stop before crossing the
shoulder or main traveled way of the highway.
3. The driver yields the right of way to all oncoming traffic which constitutes an immediate
hazard.
4 In crossing a divided street or highway, the crossing is made only at an intersection of such
street or highway with another public street or highway.
5. If the crossing is made between the hours of one -half (1/2) hour after sunset to one -half
(1/2) hour before sunrise or, in conditions of reduced visibility, only if both front and rear
lights are on.
6. A snowmobile or all- terrain vehicle may be operated upon a bridge other than a bridge that
is the main traveled lanes of an interstate highway, when required for the purpose of avoiding
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5. It is unlawful to intentionally drive. chase, run over, kill, otherwise take or attempt to take
any animal wild or domestic, with a snowmobile or all- terrain vehicle. (Amended Ord.
• 109, 6 -6 -1995, amd. 2003 Code)
6. Every person having a snowmobile in a public place shall lock the ignition, remove the
key and take the same with him. (Amended Ord. 109, 6 -6 -1995
6 -4 -6: EXEMPTIONS FROM PROVISIONS:
A. The citv's enforcement staff or the countv sheriffs department, in order to provide
enforcement shall be exempt from the requirements of this chapter. (Amended Ord. 109, 6 -6-
1995
B. Authorized snowmobiles and all- terrain vehicles may be used on any public
property within the city for rescue, emergency, or law enforcement purposes.
C. An all- terrain vehicle or snowmobile may be operated upon any public street or highway in
any emergency during the period of time when and at locations where the condition of the
roadwav renders travel by automobile impossible. (Amended Ord. 109, 6 -6 -1995, am 2003
Code
6 -4 -7: VIOLATION; PENALTY:
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as provided in section 1 -4 -1 of this code. (Amended Ord.
109, 6 -6 -1995, amd. 2003 Code)
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12 -2 -2
• Background
A definition is provided for "Miscellaneous Industry", but there is no other reference to it
in the code. All of the uses listed in the definition are covered separately in the
"Permitted, Conditional, and Prohibited Uses" section of the code. The only use not
permitted in the Industrial zoning district is "boat and marine sales."
Proposed Change
The definition of "Miscellaneous Industry" will be stricken from the code. The Planning
Commission can discuss whether or not "boat and marine sales" should be added as a
permitted use in the Industrial zoning district. It should be noted that exterior sales,
display, and storage would require a Conditional Use Permit.
12 -2 -2: DEFINTTIONS:
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4. A. Number Of Buildings Per Lot: Except in planned unit developments, there shall be
no more than one principal building on one lot in all residential districts.
Q. B. Access Drive:
1. An access drive to every principal building shall be provided and constructed
according to minimum standards of the city when such building is three hundred feet
(300') or more from a thoroughfare or street.
2. Access to any street shown on the adopted major thoroughfare plan shall require a curb
cut permit as issued by the city building official. (Amended Ord. 8, 10 -21 -1970)
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