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HomeMy WebLinkAbout04/26/05C I T Y O F 0 91k ND OVE A- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US 7:00 p.m. 1. Call to Order Andover Planning and Zoning Commission Meeting Agenda April 26, 2005 Andover City Hall Council Chambers 2. Approval of Minutes — April 12, 2005. 3. PUBLIC HEARING: Residential Sketch Plan of a single family urban residential development to be known as Coon Creek Acres on property located at 14437 Crosstown Boulevard NW. 4. Variance (05 -02) to vary from the maximum light allowed to encroach on residential properties for athletic fields at Prairie Knoll Park located at 595 146' Lane NW. 5. WORK SES i. ii. iii. iv. V. vi. vii. viii. ix. SION: Zoning Ordinance Update 12 -14 -5 Screening 12 -14 -6 Landscaping in All Districts 12 -14 -16 Guesthouses 12 -10 -21 Animal Shelters 12- 8 -7B.3 Bulk Fuel (continued) 12 -14 -22 Visual Standards 12 -14 -23 Building Height 12 -15 -7 Variances 12 -15 Comprehensive Plan Amendment 6. Other Business 7. Adjournment Pi . C I T Y O F NDOVE 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 Planner SUBJECT: Item 2. Approval of Minutes - April 12, 2005 DATE: April 26, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the April 12, 2005 meeting. i s 0 I C I T Y O F ND OVE PLANNING AND ZONING COMMISSION MEETING —APRIL 12, 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 12, 2005, 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, Michael Casey and Valerie Holthus. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota • Others APPROVAL OF MINUTES. March 8, 2005 Motion by Holthus, seconded by Greenwald, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- present (Jasper), 0- absent vote. March 22, 2005 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 3- present (Greenwald, Holthus, Daninger), 0- absent vote. VARIANCE (05 -01) TO VAR Y FROM THE A CCESSOR Y STR UCTURE EXTERIOR MATERIAL REQUIREMENTS OF CITY CODE 12 -6-5 FOR PROPOSED HORSE SHELTER AT 3028181 AVENUE NW. Mr. Cross explained Ken and Theresa Meyer have applied for a variance from the requirement that the exterior finish on their proposed horse barn be compatible with their house at 3028 181` Avenue NW. 0 Mr. Cross discussed the staff report with the Commission. io Regular Andover Planning and Zoning Commission Meeting Minutes — April 12, 2005 Page 3 Commissioner Vatne asked if the builder had any different options in regards to the brick and masonite. Mrs. Meyer stated the builder has indicated they have built barns to match the house but they do not like to do this and it does not work well. Commissioner Casey asked if there were presently horses on the property now. Mr. Cross stated there was not Commissioner Casey asked if the neighbors across the street in Oak Grove were notified of the variance proposal. Mr. Bednarz stated the notification should go out to all properties within 350 feet no matter what the city. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. , approving the variance for a horse barn. Commissioner Vatne stated the topography was more of an issue with him in regards to this item because the backyard slopes so much and it does not make sense to remove trees to put up a barn. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the May 3, 2005 City • Council meeting. VARIANCE (05 -02) TO VARY FROM THE AM"MUMLIGHT ALLOWED TO ENCROACH ON RESIDENTL4L PROPERTIES FOR ATHLETIC FIELDS AT PRAIRIE KNOLL PARK LOCATED AT 595146 LANE NW. Mr. Bednarz explained the Andover Football Association has asked to light the athletic fields in Prairie Knoll Park. Mr. Bednarz discussed the staff report with the Commission. Chairperson Daninger stated the focus was on the variance for the lighting, not the need for the lighting on fields. Commissioner Kirchoff asked if there were going to be four poles on the field. Mr. Bednarz indicated there would be. Commissioner Kirchoff asked if the bleed over would be from the poles on the opposite side of the field. Mr. Bednarz stated that was correct. Commission Holthus asked if there was any other type of lighting that would not allow bleed over onto the other property. Mr. Bednarz stated they had the lighting engineer look at this and they could shield the lights or add more lights and lower them but that would increase the cost. Regular Andover Planning and Zoning Commission Meeting Minutes — April 12, 2005 Page 5 Commissioner Jasper thought they may be better off with three poles to light the field and this would eliminate the light pollution. He thought the applicant's may want to table this item to look into this further and have it brought back for further review. Commissioner Vatne wondered if twenty foot candles were reasonable for a ball field. Mr. Boe asked if this meant the Commission would not consider a variance over the .4 foot candles. Chairperson Daninger stated at this time, they would probably vote to deny this but they could table this for alternative ideas to be found and discussed. Commissioner Vatne stated another point that bothered him was if lighting was a topic of discussion when this park was designed. Mr. Bednarz stated the Commission did not have an opportunity to work through the design of the park. He thought the Park Commission and City Council decided to put in as many amenities as possible in the park. Commissioner Holthus agreed. Mr. Boe asked how they can move this forward as quickly as possible to the City Council because they need to start planning play on this field. Chairperson Daninger stated if this is denied by them and moves forward to the City Council and they approve this, it can be done quickly. If they table this and they look into alternative ways to light the field, it will take longer. • Commissioner Greenwald felt they will need to deny this because tabling this item does not do anything. Motion by Greenwald to deny the variance because it does not meet the lighting standards and there was no known hardship. Motion failed for lack of second. Motion by Jasper, seconded by Vatne, to table this item until the Planning Commission meeting on April 26, 2005. Motion carried on a 6 -ayes, 1 -nay (Greenwald), 0- absent vote. PUBLIC HEARING: RESIDENTIAL SKTECH PLAN FOR A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT TO BE ANOWNAS CARDINAL RIDGE LOCATED AT 15785 15805, AND 15875 NIGHTINGALE STREET NW. Mr. Bednarz stated the Planning Commission is asked to review residential sketch plan for a single family development. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked if the applicant prefers to create the 158 Lane that connects to temporary cul -de -sacs and would preclude the road going through to Linnet Regular Andover Planning and Zoning Commission Meeting Minutes — April 12, 2005 Page 7 • Mr. Bednarz stated part of the thinking with the connection is that there will be another connection north of 157 into the development so there is more of a looped street within. Chair Daninger asked if the developer could put a road connecting the two cul -de -sacs without the property to be purchased in 2007. Mr. Bednarz stated they could. Commissioner Holthus wondered why they needed a connection to Linnet if they already have a connection to Nightingale. Commissioner Jasper thought the Linnet connection would have to go through when the Fredericks property was developed. Chairperson Daninger suggested there be a street connection to Nightingale. Chairperson Daninger summarized the changes the Commission would like to see to the development. Mr. Bednarz stated that this item would be before the Council at the May 3, 2005 City Council meeting. WORK SESSION • a. Zoning Ordinance Update It was noted Section 12 -14 -7 will be stricken from the Code. i. City Code 12 -13 Uses 12 -13 is the "Uses" section of the zoning code. It identifies which uses are permitted, permitted accessory, conditional, and prohibited in each zoning district. The proposed change is the list of uses will be inserted into a table to make it easier to reference and understand, and eliminate confusion. The only proposed use change at this point is adding "Agencies selling or displaying recreational vehicles, boats, and marine equipment" (now "recreational vehicles, boat, and marine equipment sales ") as a permitted use in the Industrial zoning district. This is the result of a change to a previous section (12 -2 -2 Definitions: Miscellaneous Industry). If there is interest in adding or amending any uses or where they are allowed, it can be discussed. Commissioner Kirchoff thought the table was an easier way to read this. Commissioner Vatne concurred and stated it was easier to follow. ii. City Code 12 -13 1B. Animals 0 Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2005 Page 9 iii. 12 -14 Performance Standards 12 -14-3 Exterior Storage Mr. Cross summarized the proposed changes. Commissioner Jasper did not know if he found an operable and licensed vehicle in a backyard more offensive than an old boat or trailer in the back yard. He didn't agree with the distinction between those. Commissioner Greenwald disagreed and said he had a snowmobile trailer and used it A car he would have parked in the back probably would not be used. Commissioner Greenwald did not know if he liked this because if you have a yard that is large enough, he did not see anything wrong with parking a vehicle in the back. Commissioner Jasper did not think it made sense to separate vehicles from trailers. He thought they should limit this to two of anything that is operable and licensed. The Commission discussed what was allowed to be parked in a yard or driveway. Commissioner Vatne stated he would recommend a sliding scale based on acreage and he would abdicate a grandfather period for people to move the offense up to a year from the date the ordinance was put into place. Commissioner Jasper stated it made sense to lump all licensed object together, allowing a certain set amount. He agreed with Commissioner Vatne regarding a sliding scale. He thought they all have to be operable, licensed and in good repair. The Planning Commission recessed at 9:43 p.m. The Planning Commissioner reconvened at 9:48 p.m. Chairperson Da thought discussion brought back recommendations not to change this code because it seemed to be working well. He also suggested they could use a sliding scale if needed. Commissioner Holthus wanted to make sure in the code it was noted there needed to be wording for "licensed and operable ". W. Cross indicated this was noted in another section but could be referenced to the other section. Commissioner Jasper would like the wording added to make it clear so there would not be a need to look elsewhere. Mr. Bednarz stated licensed and operable only applied to vehicles and if they wanted this to apply to trailers they would need to add wording. • Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2005 Page 11 • Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. I* • T y A NDOVE ^ T Y O F • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55364 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners CC: Courtney Bednarz, City Planner FROM: Chris Vrchota, Associate Planner SUBJECT: PUBLIC HEARING: Residential Sketch Plan of a single family urban residential development to be known as Coon Creek Acres on property located at 14437 Crosstown Boulevard NW. DATE: April 26, 2005 INTRODUCTION The Planning Commission is asked to review a sketch plan containing five urban residential lots on 7.95 acres. The property is located at the southeast comer of the intersection of Crosstown Boulevard and Andover Boulevard. DISCUSSION Conformance with Local Plans The proposal conforms to the Urban Residential Land Use Classification and Single Family Urban Residential (R -4) Zoning District. The property is currently zoned R -1- Single Family- Rural, and will need to be rezoned at the time that the Preliminary Plat is presented. Access The developer is proposing that all five lots have direct access onto Andover Boulevard. This would be accomplished through two shared driveways and one stand -alone driveway. Two variances would be required for the driveways. The first would be to vary from the minimum five -foot setback for driveways. The shared driveways are proposed to minimize the number of accesses onto Andover Boulevard. The other would be to allow lots to front onto a collector street. A traffic count done in 2003 gave an ADT of 3,700. It is estimated that this number will increase to 5,000 by 2020. In light of these numbers, in addition to the proximity to the intersection of Crosstown Boulevard and Andover Boulevard, the City Engineer is not recommending that driveway access directly onto Andover Boulevard be approved. Wetlands A portion of the site is covered by wetland; approximately 0.96 acres. The developer is proposing to fill two areas totaling 750 square feet, or 0.02 acres; one for part of a driveway and one for part of a building pad. All wetland delineation and fill areas will need to be approved by the Coon Creek Watershed District. Lots All of the proposed lots exceed the minimum width, depth, and area requirements. is Buildability Requirements Because of the scattered wetlands on the site, none of the lots would meet the minimum buildable lot depth requirement as defined in section 11- 3 -6 -A -1 of the City Code. A variance e . :J: <> . ...J E ...J '. U; '\l on c; is 0. Ll) g & . o '" " ::; Ci <S -~"5~ 11l Q) M .... '1... UJ Z ~ ~; .~ UJ o ~ U; Q) .!i ~ UJ u ~ ~ ~ 8 ...J >l D.. ~ ~g--mg ~D .....:!: 0 CI) , ! ! ! ; i----------- ; ; k ; I " "- i I "........... i ! i t ; l ; 1 I , I J \ i O.lSSOtlO _._~---~ I I N w < I w I W U o u � 0 I u / I •V I J l l ll J i (j Z \ Z � 6 y- � O �x5 N ft - - - - -- �— —j l ---------- - - - - -- ' °m th th V D \ W A N 0 m o 0 m Y L: J. ZW N I 1 D o c Cs I I I —1 800.00 b§.2 .� j I a 6 e6 I s �eq a e 3 I 1 y - - - - -- REC IVY 0 50 100tti SCALE IN FEET I E , ER I MFRA #14915 I srr q[v. i 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plannet SUBJECT: Variance (05 -02) to vary from the maximum light allowed to encroach on residential properties for athletic fields at Prairie Knoll Park located at 595 146` Lane NW. DATE: April 26, 2005 INTRODUCTION This item continues the discussion on lighting the athletic fields in Prairie Knoll Park. The suggestions from the Planning Commission were researched over the past two weeks. A summary of the results is attached and will be presented at the meeting. DISCUSSION Lighting of the fields was not contemplated when the park was designed to maximize the number of fields. An engineering firm was retained to prepare the attached photometric plan. The plan illustrates lighting levels that exceed the 0.4 foot candle limit at residential property lines. As you can see from the plan, the lighting would be significantly higher than allowed by the City Code. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: • 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 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. The attached letter addresses the need for lighting at Prairie Knoll Park. ACTION REQUESTED Please make a recommendation to the City Council. Attachments Location Map Prairie Knoll Park Site Plan Letter from Football Association Letter from Lighting Engineer Planning Commission Minutes Re y s ` itted, • Y Cc: eny Boe, An over Football Association 14376 Quince Street NW • Variance Lighting at Residential Property Lines Prairie Knoll Park uve ,w eee a 9 m � + +vw ,vse +au tNe ne wrw S ,na ,aroo i S 4 � eao aw eo ws ev g ? r l ANDOVER BLVD 1 N `• W 5 C I T Y O F NDOVE Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H: \GISDATA \PLANNING \PROJECTS \NEWCASES.APR Date Printed: D4/D4/2005 - 03:00:49 PM p N e ]Yl ♦ \p0 i Z rave • • • Andover Planning Commission Andover City Hall 1685 Crosstown Boulevard NW Andover, MN 55304 April 5, 2005 To whom it may concern: The Andover Football Association (AFA) strongly encourages you to pass the variance to the current city ordinance concerning lighting and its impact on adjacent properties in order to light the two community 100 yard football fields at Prairie Knoll. The Prairie Knoll football fields were completed last year and we have received excellent feedback on these fields from the referees, visiting coaches, visiting parents, and community members. However, the one improvement these fields need is lighting for playing games at night. We have talked to the homeowner whose property will be affected by the addition of lights on the fields, and she expressed her support of the lighting of the fields, and the AFA program. We invited her and her husband to attend the meeting to voice their support in person. We will be using the lit 100 yard fields for our grades 4 -8 football games. We expect our primary field usage to be in September and October on weekdays until l Opm. However, if games go into overtime, or the season gets extended do to inclement weather, we may need the fields lit accordingly. The AFA currently has over 500 kids on its K -8 grade teams, and we expect this number to rise as the Andover community grows. AFA along with surrounding communities involved with the football program are responsible for scheduling over 600 games. Having the additional lit fields will help make this task more manageable. Currently, the AFA program has only one available 100 yard lit field for use within our community. We originally had two additional lit fields, but when the Andover community center and YMCA were built, we lost the two lit fields. We are not asking for more resources, we are simply asking for a replacement of what we had prior to the ground breaking of the community center. Since Andover has such active community sports programs, we are not just scheduling our football games, but also scheduling around soccer and lacrosse games and others community activities. Due to the lack of fields, last year two Andover 8 grade teams had to play each other in Maple Grove. This does not build a sense of community and pride in what we consider our home field. The lit fields will also help the AFA as an organization. Since the AFA is a non -profit organization, we must raise a lot of our money through fundraising. One of our main fundraisers is our recently built concession stand. The more games we have scheduled for Prairie Knoll, the more money we will be able to raise for our organization and in turn our community. This money will help reduce member fees, provide new equipment for the association, and upgrade park facilities such as field benches, scoreboards, and bleachers. Lighting these fields will not just benefit the AFA, but also make the Andover community more attractive. People who are looking to move into a community do not just look at the houses within the community; they also look at the schools, the parks, the facilities, and the services available. We believe that getting two lit fields will improve the community, and make Andover a more desirable place to live. The AFA is committed to improving not only its members, but also its community. Sincerely, Andover Football Association Andover Football Association / P.O. Box 813 / Anoka, Minnesota 55303 Telephone Hotline: (763) 754 -1610 / www.andoverfootball.org Regular Andover Planning and Zoning Commission Meeting Minutes — April 12, 2005 Page 3 n mmissioner Vatne asked if the builder had any different options in regards to the brick an onite. Mrs. Meyer stated the builder has indicated they have built barns to match the ho but they do not like to do this and it does not work well. Commissione asey asked if there were presently horses on the property now. Mr. Cross stated there as not. Commissioner Casey asNd if the neighbors across the street in Oak Grove were notified of the variance proposal. NNednarz stated the notification should go out to all properties within 350 feet no m r what the city. Motion by Greenwald, seconded by Kitv to recommend to the City Council approval of Resolution No. , approving the v ce for a horse barn. Commissioner Vatne stated the topography was of an issue with him in regards to this item because the backyard slopes so much and it es not make sense to remove trees to put up a barn. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. �J Mr. Bednarz stated that this item would be before the Council at the 3, 2005 City Council meeting. VARIANCE (05 -02) TO VARYFROM THE MAXIMUMLIGHT ALLOWED TO ENCROACH ON RESIDENTLIL PROPERTIES FOR ATHLETIC FIELDS AT PRAIRIE KNOLL PARK LOCATED AT 595146 LANE NW. Mr. Bednarz explained the Andover Football Association has asked to light the athletic fields in Prairie Knoll Park. Mr. Bednarz discussed the staff report with the Commission. Chairperson Daninger stated the focus was on the variance for the lighting, not the need for the lighting on fields. Commissioner Kirchoff asked if there were going to be four poles on the field. Mr. Bednarz indicated there would be. Commissioner Kirchoff asked if the bleed over would be from the poles on the opposite side of the field. Mr. Bednarz stated that was correct. Commission Holthus asked if there was any other type of lighting that would not allow bleed over onto the other property. Mr. Bednarz stated they had the lighting engineer look at this and they could shield the lights or add more lights and lower them but that would increase the cost. Regular Andover Planning and Zoning Commission Meeting Minutes — April 12, 2005 Page 5 • Commissioner Jasper thought they may be better off with three poles to light the field and this would eliminate the light pollution. He thought the applicant's may want to table this item to look into this further and have it brought back for further review. Commissioner Vatne wondered if twenty foot candles were reasonable for a ball field. Mr. Boe asked if this meant the Commission would not consider a variance over the .4 foot candles. Chairperson Daninger stated at this time, they would probably vote to deny this but they could table this for alternative ideas to be found and discussed. Commissioner Vatne stated another point that bothered him was if lighting was a topic of discussion when this park was designed. Mr. Bednarz stated the Commission did not have an opportunity to work through the design of the park. He thought the Park Commission and City Council decided to put in as many amenities as possible in the park. Commissioner Holthus agreed. Mr. Boe asked how they can move this forward as quickly as possible to the City Council because they need to start planning play on this field. Chairperson Daninger stated if this is denied by them and moves forward to the City Council and they approve this, it can be done quickly. If they table this and they look into alternative ways to light the field, it will take longer. • Commissioner Greenwald felt they will need to deny this because tabling this item does not do anything. Motion by Greenwald to deny the variance because it does not meet the lighting standards and there was no known hardship. Motion failed for lack of second. Motion by Jasper, seconded by Vatne, to table this item until the Planning Commission meeting on April 26, 2005. Motion carried on a 6 -ayes, 1 -nay (Greenwald), 0- absent vote. HEARING: RESIDENTIAL SKIECHPLAN FOR A SINGLE FAMILY DEVELOPMENT TO BE KNOWNAS CARDINAL RIDGE LOCATED A „ 75,15805, AND 15875 NIGHTINGALE STREET NW. Mr. Bednarz stated the Plammn ssion is asked to review residential sketch plan for a single family development. Mr. Bednarz discussed the staff report with the Commissioner Kirchoff asked if the applicant prefers to create the 1 e that connects to temporary cul -de -sacs and would preclude the road going throu I L C I T Y NDOVE t ^ • TO C�l 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US FROM: SUBJECT DATE: Planning and Zoning Commissioners Courtney Bednarz, City PlannerP WORK SESSION: Zoning Ordinance Update April 26, 2005 INTRODUCTION Please find attached the following proposed code revisions: • City Code 12- 8 -7B.3 Bulk Fuel (continued) • City Code 12 -14 -22 Visual Standards • City Code 12 -14 -23 Building Height • City Code 12 -15 -7 Variances • City Code 12 -15 Comprehensive Plan Amendment Please bring the following code revisions from your last packet: • City Code 12 -14 -5 Screening • City Code 12 -14 -6 Landscaping in All Districts • City Code 12 -14 -16 Guesthouses • City Code 12 -10 -21 Animal Shelters DISCUSSION Staff will present each item individually to the Planning Commission. ACTION REQUESTED Please discuss and make a recommendation for each item. Attachments City Code 12- 8 -7B.3 Bulk Fuel (continued) City Code 12 -14 -22 Visual Standards City Code 12 -14 -23 Building Height City Code 12-15-7 Variances City Code 12 -15 Comprehensive Plan Amendment . thousand (1,000) gallons shall be required to obtain a permit from the Fire Department prior to installation, exceptions are noted below. All public agencies (including school districts, city, county and state) shall be entitled to apply for a Conditional Use Permit for a tank regardless of the zoning district that they are located in. B. 2: The governing body may require the development of diking around said tanks, suitably sealed, to hold a leakage capacity equal to one hundred fifteen percent (115 1 /6) of the tank capacity. C. Exceptions. The provisions of this subchapter do not apply to: 1 * 1. Farm liquid storage tanks of 1,00 eallons or less capacity used for storin motor fuel for agricultural purposes; 2. Tanks of 1,000 gallons or less capacity used for storing heating oil (existing only) for consumptive use on the premises where stored; 3. Tanks located in an underground area (existine only), including basements, cellars, if the storage tank is located upon or above the surface of the floor; 4. Septic tanks. D. Installation, Alteration, Repair or Removal Permits. 1. The installation. alteration, repair or removal of any liquid storage system governed by this subchapter requires permits issued by the Fire Chief pursuant to the provisions of the Minnesota State Fire Code and any other applicable code, ordinance, statute, rule pr National Fire Prevention Association Standards; 2. Permits and fees. The issuance of permits and the collection of fees shall be in accordance with the fee schedule adopted by the C ity Council in the amount provided by the fee resolution, set forth in this code; 3. The Fire Chief may deny a permit to persons not capable of performing pursuant to ordinance requirements. 0 3- RM .. .. .. C. Exceptions. The provisions of this subchapter do not apply to: 1 * 1. Farm liquid storage tanks of 1,00 eallons or less capacity used for storin motor fuel for agricultural purposes; 2. Tanks of 1,000 gallons or less capacity used for storing heating oil (existing only) for consumptive use on the premises where stored; 3. Tanks located in an underground area (existine only), including basements, cellars, if the storage tank is located upon or above the surface of the floor; 4. Septic tanks. D. Installation, Alteration, Repair or Removal Permits. 1. The installation. alteration, repair or removal of any liquid storage system governed by this subchapter requires permits issued by the Fire Chief pursuant to the provisions of the Minnesota State Fire Code and any other applicable code, ordinance, statute, rule pr National Fire Prevention Association Standards; 2. Permits and fees. The issuance of permits and the collection of fees shall be in accordance with the fee schedule adopted by the C ity Council in the amount provided by the fee resolution, set forth in this code; 3. The Fire Chief may deny a permit to persons not capable of performing pursuant to ordinance requirements. 0 3- City Code 12- 14 -23: Building Height City Code 12 -4 -5 F. Exemptions From Height Limits City Code 12 -3 -4 Minimum District Requirements Back round The following items need to be addressed: This section allows all structures to exceed the maximum height allowed by City Code 12 -3 -4 with a conditional use permit under certain circumstances. A line item needs to be added to the proposed uses matrix of City Code 12 -13 to show that principle structures are eligible for a CUP to increase the maximum height The height of accessory structures is regulated by City Code 12 -6. Building height regulations need to be applied to the principle structure. Height regulations are dimensional standards that need to be located in City Code 12 -3-4 Minimum District Requirements. Exemptions from height limitations are currently provided in 12 -4 -5 F. This section needs to be edited. Staff is also proposing to remove monuments, smokestacks from this list. The section needs to be moved with the section concerning height to City Code 12 -3 -4. • Proposed Change Staff recommends the following changes: . ... in IFFIRRY-WIF-R. in WO "W-9 Irs RVIORIMMIRIM in Me �_ .. ........ .. iniz Z; City Code 12 -4 -5 Permitted Encroachments: S es an > > ehimnffs and . _i57— 12 -15 -7 PUBLIC HEARINGS FOR VARIANCES Background Currently the City Code does not require a public hearing for variances. Minnesota State Statutes do not require it either, but residents have indicated that they would like the opportunity to comment on variance requests from nearby property owners. This code revision is essentially a yes /no policy decision: would the City of Andover like to require a public hearing for variance requests? This revision also adds some definition to the term "Hardship" from the language in the State Statutes. Proposed Chance 12 -15 -7: VARIANCES: A. Variances Authorized: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this title, an appeal may be made and a variance granted. A variance requires a hardship on the part of the applicant and the burden of proving the hardship shall fall upon the applicant. "Hardship" as used in connection with the granting of a variance means the Property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the • variance if granted will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. ewnen (Amended Ord. 8,10-21-1970) B. Procedure: The procedure for granting variances is as follows: Request For Variance; Fee: A person desiring a variance shall O eut an submit to the Community Development D irector a request for variance form together with a fee as set forth by ordinance 137 -7- • City Code 12 -154 Comprehensive Plan Amendment Background The City code should make reference to the Comprehensive Plan as the document that establishes the proper land use (and ultimately zoning) is for a given property in Andover. Currently there is no reference to it at all. Proposed Change The section that is shown below (B.) seems to be the appropriate location for adding in the language that is needed. 12 -15 -4 AMENDMENTS: A. In accordance with the provisions of Minnesota statutes, the governing body may from time to time, adopt amendments. Amendments to the text and map may be initiated by the city council, planning and zoning commission, property owner, or resident. All proposed amendments shall be referred to the planning and zoning commission prior to adoption, and the planning and zoning commission shall hold a public hearing on the proposed amendment. (Amended Ord. 8,10-21-1970) B. RELATION TO COMPREHENSIVE PLAN: It is the policy of the City of Andover that the enforcement, amendment, and administration of this Chapter be accomplished consistent with the recommendations contained in the City Comprehensive Plan, as developed and amended from time to time by the Planning Commission and City Council. The Council recognizes the City Comprehensive Plan as the official policy for the regulation of land use and development in accordance with the policies and purpose herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other changes in these regulations that are inconsistent with the City Comprehensive Plan.