HomeMy WebLinkAbout07/26/05C A I T Y O F
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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
July 26, 2005
Andover City Hall
Council Chambers
•
7:0012.m.
1. Call to Order
2. Approval of Minutes — June 28, 2005.
3. PUBLIC HEARING Conditional Use Permit (05 -08) for co- location of
cellular antennae on property located at 3121 161` Avenue NW.
4. Work Session: Zoning Ordinance Update
i. City Code 12 -13 1 B Animals (continued)
ii. City Code 9 -9 -11 Housing Maintenance (continued)
iii. City Code 12 -8 -713.3 Bulk Fuel (continued)
iv. City Code General Discussion Item — Front Porches
(continued)
V. City Code General Discussion Item - Dirt Bikes (continued)
vi. Crematorium Regulations (continued)
5. Other Business
6. Adjournment
r 1
• C T Y O F 9
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 - June 28, 2005
DATE: July 26, 2005
Request
The Planning and Zoning Commission is asked to approve the minutes from the
June 28, 2005 meeting.
•
AN I T Y DOVE
• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
PLANNING AND ZONING COMMISSION MEETING —.TUNE 28, 2005
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on June 28, 2005, 7:00 p.m., at the Andover City
Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota
Commissioners present: Chairperson Daninger, Commissioners Rex Greenwald,
Dean Vatne, Jonathan Jasper, Michael Casey and Valerie
Holthus.
Commissioners absent:
Also present:
APPROVAL OF MINUTES.
June 14, 2005
Commissioner Tim Kirchoff.
City Planner, Courtney Bednarz
Motion by Greenwald, seconded by Holthus, to approve the minutes as presented.
Motion carried on a 6 -ayes, 0 -nays, 1- present ( Daninger), 1- absent (Kirchofl) vote.
WORK SESSION. ZONING ORDINANCE UPDATE
i. City Code 12 -13 1 B Animals (Continued)
Mr. Bednarz summarized the staff report.
Commissioner Jasper stated on non - domestic animals he thought pleasure, recreational
animals should be added to the exclusions in the definition of non - domestic animals.
Commissioner Jasper stated a concern was they could have 5 animals on 5 acres and no
animals on 4.9 acres and 5 animals on 100 acres. He did not think it made sense. He
thought it would make sense to allow a smaller number on a smaller parcel and a larger
number on a larger parcel. Chairperson Daninger agreed but wondered how they would
control this.
• Mr. Bednarz stated they are suggesting there could be more than 5 animals on parcels
larger than 5 acres but that would require a conditional use permit whereas 5 or less
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 2
would simply be a permitted use. Commissioner Jasper thought that made sense because •
that would allow a way to address this.
Commissioner Vatne asked if horses were allowed on 2.5 acres or larger. Mr. Bednarz
stated they were.
Commissioner Vatne wondered if they would see a lot of requests for a conditional use
permit.
Commissioner Jasper asked if there was a limit for horses. Mr. Bednarz stated after three
acres they could have one additional horse per acre with a maximum of up to seven
horses.
Commissioner Jasper thought something like this would make sense for farm animals
also. Chairperson Daninger thought that was why they should go with the Conditional
Use Permit and see how many applications there were.
Commissioner Jasper stated they could have five at five acres and one for each additional
acre over five acres up to twenty acres and then there would need to be a conditional use
permit. Commissioner Holthus indicated she did not have a problem with this at all.
Commissioner Jasper stated in looking at the notes for definitions, Commissioner
Greenwald brought up for discussion the idea of including ducks as farm animals but
some people have them as pets, which would be considered a domestic animal. He did
not know if this was something they should address. Commissioner Greenwald stated he
understood that some of the kids in the City have ducks as pets and this would be one
way to regulate it without saying no.
Commissioner Jasper stated if it can be bought at a pet store it should be a domestic pet.
Commissioner Vatne stated he was comfortable with everything except the last item,
which is deer. Mr. Bednarz stated staff would consider deer to be a non - domestic animal
because they do carry the potential to damage property and generally are not kept for a
productive purpose. Commissioner Vatne agreed.
Commissioner Jasper asked if there was somewhere in this code which requires a farm
animal to be contained. Mr. Bednarz stated there is a code that does cover this along with
domestic animals.
Mr. Bednarz discussed the exemption in the Code for animals licensed by the State with
the Commission.
Commissioner Jasper stated based on the fact that three days ago a child was attached by
a wild animal that was a pet, he wondered if this exception would allow any vicious •
animal to be kept in Andover if the DNR permits it. He thought the idea was they were
Regular Andover Planning and Zoning Cornniission Meeting
Minutes —June 28, 2005
• Page 3
not going to allow vicious animals in Andover and he did not think the exception should
be in the code. Commissioner Greenwald agreed.
Commissioner Casey stated it does stipulate that animal control that is prohibited animals
and they have lions, tigers, jaguars, etc listed. Commissioner Jasper stated the exception
swallows the rule. The exception states "except for as regulated by the DNR".
Chairperson Daninger thought the intent was for the citizen input regarding falcons. Mr.
Bednarz thought there may be a way to adjust the item to prevent the conflict. They do
have the list of prohibited animals. He thought if they referenced Section 5 under Section
3, the proposed addition that would start them moving in the right direction.
Commissioner Vatne stated for clarification they would add, "As permitted by the MN
DNR with the exception..." referencing back to the prohibited animal section.
Commissioner Jasper stated this does not work because the prohibited animal's section 5-
lc-2b says "Any non - domesticated animal including but not limited to the following..."
and the non - domesticated animal definition is broader than the representative list.
Commissioner Jasper thought before they decided how to fix this, they should decide if
they should fix this. He appreciated the fact that people have different hobbies and
interests than his but he did not know, in his opinion, if birds of prey within the City are
appropriate. These are hunting birds of prey.
Mr. Bednarz stated this part in Title 5 is where the issue arises. Within this section there
is provided an exception that allows a temporary permit for keeping animals prohibited
up to thirty days under specific conditions or even a permanent permit for a public zoo or
other public institution, which seems less likely. In the Title 5, there already is an
exemption with a time limitation_ If they reference Title 5 and the prohibited animals and
the exemption already provided for them, does that satisfy the concern.
Commissioner Jasper stated his opinion is that exception will allow for a temporary
permit for a carnival coming through town or a temporary showing of animals at a
school, which is fine, and if someone wants to get a temporary permit to engage in
falconry for a short time period, they would fall under that. His hesitation is if they want
long term of that or any of the other non - domestic animals as defined and if they do, they
should list specifically which ones they are allowing because to say as permitted by the
DNR is to have the exception swallow the rule and basically allow any animal into the
City of Andover without the City Council or staff having any control over it.
Chairperson Daninger wondered if Commissioner Jasper thought they should strike out
item three. Commissioner Jasper stated it would be his recommendation to do this.
Commissioner Vatne stated he was troubled by.this one because it is specialized and he
was back to some of the trade offs and he would be tempted to leave falconry in but the
problem is how would they draw the line on others that are on the periphery of that as
Regular Andover Planning and Zoning Connnission Meeting
Minutes — June 28, 2005
Page 4 •
well. Commissioner Jasper stated he would not be nearly as offended by the idea of
specifically making an exception for falconry with a permit than a blanket exception for
anything permitted by the DNR.
Chairperson Daninger stated they will add falconry as an exception with a Conditional
Use Permit. Commissioner Jasper agreed but indicated there would also need to be a
DNR permit as well. Chairperson Daninger agreed and thought this could be reviewed in
the future for other animals as well.
Commissioner Jasper stated he would take this as a compromised position because he
would rather not see it at ail.
ii. City Code 9 -9 -11 Housing Maintenance
Mr. Bednarz summarized the staff report.
Commissioner Jasper asked on page 17 and 20, it references that if someone else is
controlling the temperature it shall be 68 degrees Fahrenheit on the design heating day.
He wondered what the definition was for a "design heating day" and is it really the intent
that it stays exactly at 68 degrees. Mr. Bednarz sated it is not the intent to have a fixed
degree, under the section I, at the beginning header to have that minimum heating
capability. That statement comes directly from the building code and that is one of the
criteria for being a habitable structure under the building code. He stated the "design
heating day" is defined in the building code. The reason they were making that addition
was to correct the previous strikeout which conflicted with the building code.
Commissioner Jasper stated he would like to know at some point what the phrase meant.
Chairperson Daninger thought they could put in a definition of this in the Code.
Commissioner Jasper stated he would like to have the Commission have some comfort
that this is an appropriate standard.
Chairperson Daninger stated he was comfortable with this because it comes from a
reliable source.
Commissioner Holthus wondered if they should leave "at least" in the code and not strike
it out.
Commissioner Jasper stated on page 19, there were two changes as far as ventilation in
habitable and non - habitable rooms, changing from 10 to 8 percent and from 5 to 4
percent. He wondered why the changes were chosen to be made. Mr. Bednarz stated
those were taken directly from the International Building Code.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
• Page 5
Commissioner Vatne stated on page 15 on the bottom, storage and disposal of garbage
and refuse. He stated this is a difficult one and it has not been stated how often garbage
should be removed which is a hard thing to do. It prompts the question to him if they
should add in some periodic basis as to removing the garbage every so often. He thought
it fits with the spirit of what they are trying to say on keeping dwellings clean but is was a
tough call.
Chairperson Daninger stated the garbage needed to be disposed of by a garbage hauler,
which is a weekly occurrence.
Commissioner Jasper stated he understood the intent but he did not think they could
easily define garbage and require someone to throw out their garbage once a week.
Commissioner Vatne stated it is a hard thing to do but without putting some teeth in it, it
is hard to be enforceable and he was not sure if it was even right to put a time on it but it
leaves it open for interpretation.
Mr. Bednarz stated they could explore adding language indicated specifically when
garbage needed to be picked up.
Commissioner Jasper asked if garbage haulers were licensed by the City and are they
required to provide a weekly service as part of the licensure. Mr. Bednarz stated they are
licensed but he was not sure if weekly service is required but it is a matter of practice and
all of Andover is serviced by the garbage haulers.
Commissioner Vatne stated on page 12, item 4 is to prevent the overcrowding of
dwellings but he did not see anything specifically that addresses that. Mr. Bednarz stated
it is covered in the two statements and another section on page 22, which gives a
minimum amount of square footage per occupant.
The Commission discussed with staff what defined a family and the number of people
allowed in a dwelling.
Commissioner Vatne stated the way he would read this section is in a housing unit, they
can have a family that has blood relations as large as they may be however that would be
subject to page 22 in number one, 9- 9- 13 -a -1, which says you have to have 150 feet for
each occupant. Mr. Bednarz stated this was correct and no more than two individuals per
room under part two. Commissioner Vatne indicated he understood it and made sense to
him.
iii. City Code 9-4 -4 Swimming Pools, Spas and Hot Tub
A provision of the pool ordinance allows pools in front yards on lots that are at least one
acre in size provided the pool is 200 feet from the front property line. Staff believes that
a 200 foot setback is too restrictive. Prior to 1983 no pool construction was permitted in
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 6 •
front of the house. In 1983, this provision was added to address one rural lot where the
home sat several hundred feet back on the lot.
The proposed change is Staff suggests reducing 200 feet to 60 feet to match the similar
provision for detached accessory buildings.
Commissioner Greenwald thought this made sense because there would not be room in
the back of smaller lots especially if the home was pushed to the back of the lot.
Chairperson Daninger did not think this would be too common.
Commissioner Vatne asked if there would be any landscaping or screening requirements.
Mr. Bednarz stated there is a fencing requirement. Chairperson Daninger wanted to
make sure that the pool regulations did not conflict with the front yard fence regulations
and it appears this is not the issue here.
Commissioner Vatne did not think pools belonged in the front yard because they would
be close to the street. Commissioner Greenwood thought it would be alright with the
large lots and houses set further back on the lot. Mr. Bednarz stated the alternative if the
Commission would be unwilling to reduce the two hundred foot, maybe they allow a
variance request for people who can demonstrate there is no where else in the yard to put
a pool.
Commissioner Jasper stated he lived in a neighborhood of one acre lots and if a pool is
put in the front yard sixty feet from the street it would be way out of place.
Commissioner Greenwald wondered if they should allow it only on lots 2.5 acres or
larger.
Mr. Bednarz stated whether it is a 2.5 acre or 120 acre parcel, if they go to sixty feet the
distance would be the same.
The Commission thought the code should not be changed at this time.
iv. City Code 12- 8 -7B.3 Bulk Fuel (Continued)
Mr. Bednarz summarized the staff report_
Commissioner Jasper stated this prohibition in the uses table refer to section 12 -13. He
wondered if they have that in the materials. Mr. Bednarz did not think they did.
Commissioner Jasper thought if it was not listed in the table, it is not allowed. Up in
Subsection A, it says "anything in excess of one thousand gallons requires a Conditional
Use Permit" but he was not sure if something less than one thousand gallons was
prohibited by C or allowed by the table. Mr. Bednarz thought the wording could be
refined to say "All liquid storage tanks not permitted by this section or listed..."
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
. Page 7
Commissioner Jasper thought it may be necessary to see the uses table to properly discuss
this item. Mr. Bednarz stated they could bring this back with the changes suggested.
Commissioner Vatne asked on page 27, the underlined paragraph, he wondered what
appurtenances meant. Mr. Bednarz stated appurtenances are anything that is attached.
V. City Code General Discussion Item — Front Porches
At the previous meeting the group agreed to consider allowing front porches to encroach
into the front yard setback area similar to the Woodbury example. On a similar topic,
decks are currently required to meet rear yard setback requirements (between 30 and 50
feet depending upon the Zoning District). The Building Department has traditionally
allowed decks to encroach in the rear yard setback if the deck is constructed as a "free
standing accessory structure ". Staff would like the Commission to discuss the potential
for a provision, also currently used by Woodbury:
"Decks are also exempt from the rear yard setback requirements, except that a deck may
not be located closer than fifteen (15) feet from the rear property line."
Commissioner Jasper stated on the porches, based on previous discussions, he would like
to make sure nothing extends beyond eight feet. In the changes it says eight feet plus
eves, which are really undefined and could be another three or four feet. Commissioner
Vatne indicated likewise the stoop up to four feet.
Mr. Bednarz wondered if it also included stairs. He noted on page 30, part 2, they have
some exemptions there already in the existing code and although it isn't right now, the
way it would be interpreted or linked together would be eight feet plus up to three feet of
those items so then they would be up to eleven feet and what the Commission is saying is
eight feet total including other items.
The Commission agreed that eight feet should encompass all parts of the front porch with
nothing, except stairs, encroaching further.
Chairperson Daninger stated in the back, the change would allow up to fifteen feet for a
deck. Commissioner Vatne thought it was reasonable. Commissioner Jasper stated he
would not allow it. There is a reason for backyard setbacks and he did not think there
was any reason to make a blanket exception for a deck. If they are going to do that, they
might as well allow any structure or addition back there and he did not see a rationale
reason to reduce a setback for this type of structure.
• Chairperson Daninger asked what the reason was for the change. Mr. Bednarz stated
they see a lot of these requests in a summer on urban lots.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 28, 2005
Page 8 •
Commissioner Jasper suggested the deck be the same as the porch. If the porch
encroached by eight feet then the deck could encroach by eight feet to keep it consistent.
Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense.
Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic
shelters, the extension, the size within ten feet of the lot line and not more than five
hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an
exception for a living room to go within ten feet of the rear lot line which did not make
any sense to him. He understood the picnic shelter or patio deck but he thought the
words living room should be stricken because it could be construed as an extension of the
house. Commissioner Holthus thought it should be replaced with Gazebo.
Commissioner Jasper stated he did not have a problem with changing it to Gazebo.
vi. City Code General Discussion Item — Dirt Bikes
Mr. Bednarz summarized the staff report.
Commissioner Jasper stated to him it would make sense if they can limit the hours to
make it coterminous and the same as the limitations they put on snowmobiles because the
rationale and reasons for the limitations he thought were the same. He thought this
should also be applied to ATVs. He stated he would suggest using Minnesota Statute
84.90, which defines recreational motor vehicles. That way they are treating ATV's and
off road motorcycles the same and giving them the same hours as the snowmobiles.
Commissioner Greenwald stated he disagreed and it was his opinion that snowmobiles
can ride at night because they have regulation headlights. He did not think they should
allow off - highway motorcycles ride after 8:00 pm because they do not have highway
approved lights.
Commissioner Greenwald explained his reasons for not wanting OHM's to be allowed to
ride at night. He shared his knowledge of this item with the Commission.
Commissioner Holthus did not think they should have the same hours and thought they
should have an earlier stopping operating time because of the lighting and how dangerous
off road trails would be at night. Chairperson Daninger concurred because he did not
think dirt bikes were the same as snowmobiles.
Chairperson Daninger thought 8:00 am to 8:00 pm was a good idea for riding times. The
majority of the Commission concurred.
Commissioner Vatne stated that the proposed definition of OHM extends to vehicles
operated on the road, as well as those on private property. •
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
. Page 9
Mr. Bednarz agreed that this needed to be adjusted and suggested dirt bikes licensed to
operate on roads would only be affected when operated on private property.
Commissioner Greenwald suggested they keep OHM's separate from ATV's. He stated
he was only comfortable with adding the hours to this item but he would not want them
combined with ATV's.
The consensus of the Commission was to limit the hours of operation for dirt bikes from
8:00 am to 8:00 pm and keep dirt bikes defined separately from ATVs and snowmobiles
with the definition changes suggested.
vii. Crematorium Regulations
Crematoriums are currently not allowed in Andover due to the fact that they are not
defined or listed in the uses section of the City Code. As with other controversial land
uses, cities that do not provide a location for them may be compelled to allow them in a
location that may be less desirable if challenged. Therefore, it is important that the City
designate appropriate zoning district(s) and regulations to provide an enforceable
community standard for this land use.
Crematoriums located in funeral homes generally require a conditional use permit and are
located in commercial districts. Funeral homes are a permitted use in all of Andover's
commercial zoning districts.
Staff suggests that crematoriums be established as a conditional use in General Business
(GB) Zoning District. As this district abuts residential property in different locations
around the City, the Planning Commission may want to consider an additional setback
between crematoriums and residential districts.
Commissioner Greenwald asked if someone came in for a Conditional Use Permit, would
it require a public hearing. Mr. Bednarz stated it would.
Commissioner Greenwald wondered if they wanted to allow crematoriums in Andover at
D. The majority of the Commission thought they should.
Chairperson Daninger stated he liked staff's suggestion to allow it in General Business
and he was in favor of a Conditional Use Permit. He thought this would give a buffer
like a liquor license and they have to respect the perception of residents and by putting a
certain distance, they would need to be careful not to make the distance so great that the
setbacks would overlap.
Commissioner Greenwald wondered on the CUP what would be the reason to deny it.
Would it be specifically that it would not meet some setbacks or because they do not
. want it. Chairperson Daninger thought it was like the drive through. They need a CUP
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 28, 2005
Page 10 •
to make sure it follows regulations and so it can go to a public hearing and attach
reasonable conditions.
The majority of the Commission thought crematoriums should be a conditional use in
General Business Districts but that more information was needed to determine an
appropriate setback from residential.
The Commissioners discussed how far the buffer should be from residential homes in the
City.
Mr. Bednarz indicated staff would bring back more information to help the Commission
make a decision.
Commissioner Jasper asked if they should limit the crematorium use to only those
funerals at the site or allow off site funeral homes to use the crematorium. He stated he
was not comfortable with bringing in large quantities of bodies from other funeral homes.
Chairperson Daninger stated they could control this through the CUP.
Commissioner Jasper stated he would rather include it in the original regulations.
Chairperson Daninger did not know if that would be too restrictive. Commissioner
Greenwald noted the machines are pretty expensive too.
Commissioner Casey stated the investment in the equipment would cause business
owners to want to retain flexibility on when it could be used.
Chairperson Daninger thought they should look at the recommended distance from
schools and residents and what appropriate limitations on the intensity of the operation
should be.
Commissioner Holthus indicated the chart does not indicate a crematorium in
Minneapolis. Mr. Bednarz stated the chart is incorrect because Minneapolis has at least
two of them.
Commissioner Vatne thought these should be set up like a liquor store and he thought it
would be wise to put some type of limitations in, such as twenty miles for cremation
services and limit the hours.
Mr. Bednarz indicated staff would bring back more information and include the
suggested changes.
viii. City Code 12 -5 -4 Setbacks Along Thoroughfares •
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 28, 2005
• Page 11
Mr. Bednarz summarized the staff report.
Commissioner Jasper stated it refers to arterial streets and minor urban and minor rural
streets and when they went through the whole road thing, all of the terms were refined
and he wondered if these should be changed to be consistent. Mr. Bednarz stated the
terms fit with what they are currently using.
Commissioner Jasper stated it uses in several places "...less than a typical roadway" on
page 56. He stated those are parts of the statute and should they be minimum instead of
typical. Mr. Bednarz stated that could be changed.
Commissioner Vatne stated there will need to be some grandfathering with this change.
Mr. Bednarz stated as some existing structures are non - conforming, in the event that they
burn to the ground or are removed, they will need to meet the new requirements if they
were to be reconstructed_
OTHER BUSINESS.
9 Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Greenwald, seconded by Casey, to adjourn the meeting at 9:15 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
•
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304
MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate Planner
SUBJECT: PUBLIC HEARING Conditional Use Permit (05 -08) for collocation of
cellular antenna on property located at 3121 161 Avenue NW.
DATE: July 26, 2005
INTRODUCTION
The Planning Commission is asked to review the Conditional Use Permit request for the
placement of a cellular telephone antenna on the existing tower located at 16191 Round Lake
Boulevard. The request also includes the placement of several equipment cabinets on the
premises.
DISCUSSION
The large communication tower at 16191 Round Lake Boulevard is owned by American Tower.
It is approximately 200 feet tall and currently holds two telecommunication antennae. This
is proposal to add a third has been submitted by Cingular Wireless. They have included a diagram
of where the antenna will be placed, as well as structural analysis of the tower that demonstrates
it's ability to accommodate a third antenna (see attachments).
The proposal also includes a 7' x 10' concrete pad with equipment cabinets to be placed at the
base of the tower. The cabinets include two telecommunication cabinets and one power source
unit. Because it will be a permanent addition to the site, the equipment is required to meet the
setbacks of the I — Industrial zoning designation on the property. A site plan has been included
that shows the proposed location of the equipment on the lot.
Staff Recommendation
Staff recommends a favorable recommendation for this Conditional Use Permit.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of this Conditional Use Permit
request.
Attachments
Resolution Power Source Detail
Location Map Property Layout
Applicant's Letter Site Plan and Elevations
Antenna Detail
• Respectfully submitted,
Andy Cross
Cc: Dan Lesher, FMHC Corporation, 7400 Metro Boulevard, Suite 420, Edina, MN 55439
CITY OF ANDOVER
COUNTY OF ANOKA •
STATE OF MINNESOTA
RES. NO.
A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF
CINGULAR WIRELESS TO PERMIT THE INSTALLATION OF A
TELECOMMUNICATION ANTENNA PURSUANT TO TITLE 9 -12 ON PROPERTY
LOCATED AT 16191 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT
2, BLOCK 1 WESTVIEW INDUSTRIAL PARK (PIN #16- 32- 24 -23- 0019).
WHEREAS, Cingular Wireless has requested a Conditional Use Permit to permit the installation
of a telecommunication antenna pursuant to Title 9 -12 on property located at 16191 Round Lake
Boulevard NW, legally described as Lot 2, Block 1, Westview Industrial Park; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Title 9 -12; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, 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 as requested. •
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 on said property.
Adopted by the City Council of the City of Andover on this day of , 2005.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk
Mike Gamache, Mayor
•
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June 29, 2005
Mr. Andy Cross
City of Andover
1685 Crosstown Blvd. N.W.
Andover, MN 55304
Dear Mr. Cross, attached is a Conditional Use Permit (CUP) application for Cingular Wireless.
Cingular Wireless wishes to request a CUP for a collocation of antennas on the existing tower
managed by American Tower Corporation located at 3121 161 Ave. NW, Anoka, MN.
The antennas that we are installing will be located at 185' on the self supporting tower. Within
the existing fenced compound we will locate a 7'x10' concrete pad where our equipment
cabinets will be located. The location of pad will meet all of the setbacks in the industrial
district.
Along with the application I have included the site plan, antennas specification sheet, CUP •
application fee and the approved structural report. Should you have any questions or require
additional information prior to the July 26 meeting, please don't hesitate to contact me at (612)
961 6602. 1 look forward to working with you on this application.
Sincerely,
Dan L.esher
Enclosure
•
W 2.0 m MET Antenna
Key Seneft
• Excellent broad- and multi-band capabilities
• Polarization PAY makes good diversily gain
• Excellent pavem perfnrmarroe and trgh gain over
ftWency
• High passive Intennodulation perfortrmce
• Ught, stun and robust design
Preliminary
LZ THE Po'.ver, IN �:',PeE_ess'
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TE12 OUTDOOR POWER SYSTEM INSTALLATION MANUAL 030 684-BO
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translated into any language or computer language, in any form or by any means, electronic, magnetic, mechanical, optical, chemical, manual or
otherwise, without the prior written permission of Argus Technologies Ltd.
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Revision #41 & #42
12 -8 -7 Bulk Fuel
Background
The latest revision suggested by the Planning Commission (concerning the prohibitions section) has been
made and is reflected in bold font below. An excerpt from the uses table (City Code 12 -13) is also included
to show how this use will be reflected in that section. The minutes from the previous meeting are also
provided below.
Currently, there is no clear concise definition of what constitutes bulk liquid storage as regulated by City
Code. The Fire Department currently requires a permit before installation, repair, removal or alteration. It
should be defined what is specifically regulated, and that it should be properly permitted by the Fire
Department. Our Fire Department needs to have knowledge of special hazards that exist within the
community and this Code section will enable that to happen. Once again, in discussing the issue of why the
1000 gallon cut off, they indicated the 1000 gallons is used because most household heating tanks are 1000
gallons or less and there was an older fire code that is no longer in effect that indicated that was a
requirement. The current Minnesota State Fire Code Chapter 34 talks about the tanks above and below
ground and they use the 1000 gallon as the cut off for exemptions.
Proposed Change
A new definition is needed, since one does not currently exist. Under Part A, it is recommended that the
threshold for what constitutes a liquid storage tank (that is to be regulated) shall be established.
This use will be shown as a Conditional Use where appropriate in the uses table. The districts that this will be
listed as a Conditional Use are R -1 (Single Family —Rural Agricultural Uses Only), NB (Neighborhood
Business), SC (Shopping Center), GB (General Business), I (Industrial). There should also be a provision
added that enables public agencies (school district, city, county, state) regardless of the zoning district they
are located in to request a Conditional Use Permit (see attached list of where tanks are currently located).
When a use is not specifically permitted, or only appears as an allowed conditional use, it is interpreted to
mean it is prohibited in the other zoning districts. In response to a question raised at the last Plannin¢
Commission meeting it is recommended that a provision be added that prohibits liouid storage tanks, except
for existing home heating fuel tanks in all locations except as regulated by these provisions.
The Fire Department has reviewed the wording of this section and is acceptable to them. The code should
also have a provision that a permit is required from the Fire Department to install, alter, repair or remove a
tank covered under this provision of City Code.
Lastly, the section that established a sunset date (B.3.) should be removed from the City Code, since that five
year grace period has long since expired (in 1975).
12 -8 -7: BUL LIQUID STORAGE TANK
Add Definition to 12 -2 -2• LIQUID STORAGE SYSTEM LIQUID STORAGE TANK or TANK. AM one or
a combination of containers including tanks vessels enclosures or structures and underground appurtenances
connected to them that is used to contain or dispense an accumulation of liquid substances deemed by the
city to pose a threat to the public's health, safety or welfare.
A. Conditional Use Permit Required For Certain Materials: All uses, including pipelines, associated with the
bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a conditional use
permit in order that the governing body may have some assurance that fire, explosion or water or soil
contamination hazards are not present that would be detrimental to the public health, safety and general
welfare. All tanks that could contain hazardous and/or flammable liquids having a capacity in excess of one
thousand (1,000) gallons shall be required to obtain a Conditional Use Permit and a permit from the Fire
Department prior to installation exceptions are noted below. All public agencies (including school districts,
city cogM and state) shall be entitled to ap]ly for a Conditional Use Permit for a tank regardless of the
zoning district that they are located in.
ATII I.e!„
df
1 -0111 1 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 %) of the tank capacity.
,
102
C. Prohibitions
All liquid storage tanks not listed as a Conditional Use in the Uses table refer
to Section 12 -13) or as an Exception (as noted in Section 12 -8 -7 D.) shall be prohibited.
(Excerpt from City Code 12 -13 uses table)
0
Use
Zoning Districts
R -1
R -2
R -3
R -4
R-5
M -1
I M -2
I GR
I US
I NB
I SC
I GB
I
Bulk Fuel
Storage
C
C
C
C
C
D. Exceptions.
The provisions of this subchapter do not apples
1. Existing home heating oil tanks including those located in basements, cellars, if the
storage tank is located upon or above the surface of the floor;
2. Septic tanks.
E Installation Alteration Repair or Removal Permits.
The installation alteration repair or removal of any liquid storage system governed by this
subchVter rewires 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,
Permits and fees The issuance of ermits and the collection of fees shall be in accordance with
the fee schedule adopted by the City Council in the amount provided by the fee resolution, set
forth in this code; .
The Fire Chief may deny a permit to persons not capable of performing pursuant to
ordinance requirements.
F
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 3 (excerpt)
i. City Code 12- 8 -7B.3 Bulk Fuel (Continued)
Mr. Bednarz summarized the staff report.
Commissioner Jasper stated this prohibition in the uses table refer to section 12 -13. He
wondered if they have that in the materials. Mr. Bednarz did not think they did. Commissioner
Jasper thought if it was not listed in the table, it is not allowed. Up in Subsection A, it says
"anything in excess of one thousand gallons requires a Conditional Use Permit" but he was not
sure if something less than one thousand gallons was prohibited by C or allowed by the table.
Mr. Bednarz thought the wording could be refined to say "All liquid storage tanks not permitted
by this section or listed..."
Commissioner Jasper thought it may be necessary to see the uses table to properly discuss this
item. Mr. Bednarz stated they could bring this back with the changes suggested.
Commissioner Vatne asked on page 27, the underlined paragraph, he wondered what
appurtenances meant. Mr. Bednarz stated appurtenances are anything that is attached.
0
Revision #52 12 -13 -1 B Animals
Background is
The latest changes suggested by Planning Commission (including adjustments to the definition
of nondomestic animals, the number of farm animals allowed and limiting exceptions for animals
permitted by the state to falconry) have been made and are reflected in bold font below. The
minutes from the previous meeting are attached for reference.
Proposed Changes
12 -2 -2: DEFINITIONS:
AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used
for the production of farm crops such as vegetables, fruit trees, grain and other crops and their
storage on the area,
f
AGRICULTURAL USE, URBAN: An area of less than five (5) contiguous acres which is used
for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers,
vegetables, and the like, provided such produce is intended solely for the use of owners on the
property or sale away from the property.
ANIMALS, DOMESTIC: dogs, cats and similar
animals that can be purchased at .a retail net store and maintained indoors
ANIMALS, FARM: Animals ommonly kept for productive purposes on a farm,
such as cattle, hogs, sheep, goats, chickens, and other similar animals.
ANIMALS, NONDOMESTIC: Animals, not defined as domestic farm or
pleasure /recreational animals that are mat =Qt33W-JJ— t=6 of a wild
nature or disposition or which, because of its vicious nature or other characteristics, would
constitute a danger to human life or property including the prohibited animals listed in City Code
5-IC-2.
ANIMALS, PLEASURE/RECREATIONAL:
horses, ponies, foals, donkeys, burros, mules er ethers.
FEEDLOT LIVESTOCK - The place of confined feeding of livestock, poultry, or other animals
for food fur, pleasure or resale purposes in yards, lots, pens, buildings, or other areas not
normally used for pasture or crops and in which substantial amounts of manure or related other
wastes may originate because of such feeding of animals.
•
z/ X
12 -13 -1: PERMITTED USES 120 :
Within any of the following districts, no structure or land shall be used except for one or more of
the uses listed by district:
Ll
Permitted, Permitted Accessory, and
Zoning District
Conditional Uses
R-
R-
R-
M-
M-
G
LB
N
SC
G
3
4
5
1
2
R
B
B
Keep ng of pleasure /recreation
animals on properties at least 2.5 acres
RR
A
A_
in size in compliance with Title 5
Keeping of up to 5 farm animals plus
P
one additional farm animal per acre
above 5 acres on properties 5 acres or
—
—
eater
Keeping of more than-5 farm animals
C_
C
C
than allowed as a permitted use on
properties 5 acres or greater
Keeping of Domestic animals (3-of
le o ept i v-li
A_
A
A_
A
A
A_
A
in compliance with Title 5
Feedlots, except Anoka Independent
Grain and Feed Inc. which is a
X
X
X
X
X
X
X
X
X
X_
X_
X
X_
permitted use that predates the
—
—
—
adoption of this ordinance.
NOTE: P = Permitted Use A = Accessory Use
B. Residential Districts:
1. R -1 Single - Family Rural District:
C = Conditional Use X = Prohibited Use
(The following City Code excerpt is provided to show how non - domestic animals are
regulated in another section of the City Code.)
5 -1C -2: POLIC REGULATIONS: ANIMAL CONTROL: PROHIBITED ANIMALS: (as
it exists)
The following animals are prohibited within the city:
A. Any animal or species prohibited by Minnesota or federal law.
.x
B. Any nondomesticated animal or species, including, but not limited to, the following:
1. All skunks, whether captured in the wild, domestically raised, de- scented or not de- is
scented, vaccinated against rabies or not vaccinated against rabies.
2. All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and
ocelots, except commonly accepted domesticated house cats.
3. All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals,
except domesticated dogs.
4. All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but
does not include crossbreeds between domesticated animals.
5. All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or
copperheads.
6. All raccoons.
7. All apes and monkeys.
Other animals which are not listed explicitly above, but which can be easily defined in
this article as a nondomesticated animal including bears, wolverines and badgers. (Ord.
253, 3 -2 -1999)
5 -1C -3: SALES PROHIBITED:
No person shall offer for sale, within the city limits, any animal prohibited in sections C -1
and 5 -1C -2 of this article. (Ord. 253, 3 -2 -1999)
5-1C-4: EXCEPTIONS:
A. Animals Allowed By Permit:
1. Temporary Permit: Any person desiring to keep animals prohibited as described in this
article shall obtain a temporary permit from the city council. Such a permit shall be issued for
a period not to exceed thirty (30) days and shall specify further conditions under which such
animal shall be kept; provided, however, that no such permit shall be required for such
prohibited animal brought into the city for entertainment, show or promotional purposes
only. (Ord. 253, 3 -2 -1999; amd. 2003 Code)
2. Permanent Permit: A public zoo or other institution engaged in a permanent display of
animals may be issued a permanent permit, provided applicable zoning requirements are met.
3. State Use Pe nl _ 1 I. • shal req c ond i tiona l use permit S I 1'
su b j ect 1 ira ice'- _:i�Misd i S tate an 1 1 I o by the 1 �finnesota
Depw=nt of R e soumm
6/5-
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 28, 2005
Page 2
is
i. City Code 12 -13 1 B Animals (Continued)
Mr. Bednarz summarized the staff report.
Commissioner Jasper stated on non - domestic animals he thought pleasure, recreational
animals should be added to the exclusions in the definition of non - domestic animals.
Commissioner Jasper stated a concern was they could have 5 animals on 5 acres and no
animals on 4.9 acres and 5 animals on 100 acres. He did not think it made sense. He
thought it would make sense to allow a smaller number on a smaller parcel and a larger
number on a larger parcel. Chairperson Daninger agreed but wondered how they would
control this.
Mr. Bednarz stated they are suggesting there could be more than 5 animals on parcels
larger than 5 acres but that would require a conditional use permit whereas 5 or less
would simply be a permitted use. Commissioner Jasper thought that made sense because
that would allow a way to address this.
Commissioner Vatne asked if horses were allowed on 2.5 acres or larger. Mr. Bednarz
stated they were.
Commissioner Vatne wondered if they would see a lot of requests for a conditional use
permit.
Commissioner Jasper asked if there was a limit for horses. Mr. Bednarz stated after three
acres they could have one additional horse per acre with a maximum of up to seven
horses.
Commissioner Jasper thought something like this would make sense for farm animals
also. Chairperson Daninger thought that was why they should go with the Conditional
Use Permit and see how many applications there were.
Commissioner Jasper stated they could have five at five acres and one for each additional
acre over five acres up to twenty acres and then there would need to be a conditional use
permit. Commissioner Holthus indicated she did not have a problem with this at A.
Commissioner Jasper stated in looking at the notes for definitions, Commissioner
Greenwald brought up for discussion the idea of including ducks as farm animals but
some people have them as pets, which would be considered a domestic animal. He did
not know if this was something they should address. Commissioner Greenwald stated he
understood that some of the kids in the City have ducks as pets and this would be one
way to regulate it without saying no.
. Commissioner Jasper stated if it can be bought at a pet store it should be a domestic pet.
7
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 3
40
Commissioner Vatne stated he was comfortable with everything except the last item,
which is deer. Mr. Bednarz stated staff would consider deer to be a non - domestic animal
because they do carry the potential to damage property and generally are not kept for a
productive purpose. Commissioner Vatne agreed.
Commissioner Jasper asked if there was somewhere in this code which requires a farm
animal to be contained. Mr. Bednarz stated there is a code that does cover this along with
domestic animals.
Mr. Bednarz discussed the exemption in the Code for animals licensed by the State with
the Commission.
Commissioner Jasper stated based on the fact that three days ago a child was attached by
a wild animal that was a pet, he wondered if this exception would allow any vicious
animal to be kept in Andover if the DNR permits it. He thought the idea was they were
not going to allow vicious animals in Andover and he did not think the exception should
be in the code. Commissioner Greenwald agreed.
Commissioner Casey stated it does stipulate that animal control that is prohibited animals
and they have lions, tigers, jaguars, etc listed. Commissioner Jasper stated the exception
swallows the rule. The exception states "except for as regulated by the DW'.
Chairperson Daninger thought the intent was for the citizen input regarding falcons. Mr.
Bednarz thought there may be a way to adjust the item to prevent the conflict. They do
have the list of prohibited animals. He thought if they referenced Section 5 under Section
3, the proposed addition that would start them moving in the right direction.
Commissioner Vatne stated for clarification they would add, "As permitted by the MN
DNR with the exception..." referencing back to the prohibited animal section.
Commissioner Jasper stated this does not work because the prohibited animal's section 5-
1c-2b says "Any non - domesticated animal including but not limited to the following..."
and the non - domesticated animal definition is broader than the representative list.
Commissioner Jasper thought before they decided how to fix this, they should decide if
they should fix this. He appreciated the fact that people have different hobbies and
interests than his but he did not know, in his opinion, if birds of prey within the City are
appropriate. These are hunting birds of prey.
Mr. Bednarz stated this part in Title 5 is where the issue arises. Within this section there
is provided an exception that allows a temporary permit for keeping animals prohibited
up to thirty days under specific conditions or even a permanent permit for a public zoo or
other public institution, which seems less likely. In the Title 5, there already is an
exemption with a time limitation. If they reference Title 5 and the prohibited animals and
the exemption already provided for them, does that satisfy the concern. is
12
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 4
Commissioner Jasper stated his opinion is that exception will allow for a temporary
permit for a carnival coming through town or a temporary showing of animals at a
school, which is fine, and if someone wants to get a temporary permit to engage in
falconry for a short time period, they would fall under that. His hesitation is if they want
long term of that or any of the other non - domestic animals as defined and if they do, they
should list specifically which ones they are allowing because to say as permitted by the
DNR is to have the exception swallow the rule and basically allow any animal into the
City of Andover without the City Council or staff having any control over it.
Chairperson Daninger wondered if Commissioner Jasper thought they should strike out
item three. Commissioner Jasper stated it would be his recommendation to do this.
Commissioner Vatne stated he was troubled by this one because it is specialized and he
was back to some of the trade offs and he would be tempted to leave falconry in but the
problem is how would they draw the line on others that are on the periphery of that as
well. Commissioner Jasper stated he would not be nearly as offended by the idea of
specifically making an exception for falconry with a permit than a blanket exception for
anything permitted by the DNR.
Chairperson Daninger stated they will add falconry as an exception with a Conditional
Use Permit. Commissioner Jasper agreed but indicated there would also need to be a
DNR permit as well. Chairperson Daninger agreed and thought this could be reviewed in
the future for other animals as well.
Commissioner Jasper stated he would take this as a compromised position because he
would rather not see it at all.
ii. City Code 9 -9 -11 Housing Maintenance
Mr. Bednarz summarized the staff report.
Commissioner Jasper asked on page 17 and 20, it references that if someone else is
controlling the temperature it shall be 68 degrees Fahrenheit on the design heating day.
He wondered what the definition was for a "design heating day" and is it really the intent
that it stays exactly at 68 degrees. Mr. Bednarz sated it is not the intent to have a fixed
degree, under the section I, at the beginning header to have that minimum heating
capability. That statement comes directly from the building code and that is one of the
criteria for being a habitable structure under the building code. He stated the "design
heating day" is defined in the building code. The reason they were making that addition
was to correct the previous strikeout which conflicted with the building code.
Commissioner Jasper stated he would like to know at some point what the phrase meant.
Chairperson Daninger thought they could put in a definition of this in the Code.
1
Revision # 61
9 -9 -1 HOUSING MAINTENANCE CODE
Background•
Revision #61 dealt with section 12 -14 -7: Maintenance in All Districts. It was decided
that instead of providing maintenance standards for fences, structures, and landscaping in
a stand -alone section, they would be included in the code sections dealing with each of
those topics. Section 12 -14 -7 was stricken. The revised section 12 -7 addressed fence
maintenance, and landscaping standards were included in 12 -14 -6. It was determined
that section 9 -9- the Housing Maintenance code is enforceable on all residential
structures, both rental and owner occupied, as it is written. This represents a change in
the way the code will be interpreted and enforced, not in the actual language of the code.
The actual changes being proposed are intended to update the code to ensure that it is in
agreement with the International Building Code and Minnesota Building Code, which are
used by the City. At the 6/28/05 meeting, the Planning Commission expressed interest in
inserting language into this section requiring that refuse be collected on a weekly basis.
This requirement already exists in section 4 -2 -3 of the City Code.
9 -9 -1: PURPOSE AND INTENT:
A. Purpose: The purpose of this chapter is to protect the public health, safety and the
general welfare of the people of the city. These objectives include the following:
41
1. To protect the character and stability of residential areas within the city.
2. To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and or health of Andover residents
3. To provide minimum standards for heating and sanitary equipment and for light and
ventilation necessary to protect the health and safety of occupants of buildings.
4. To prevent the overcrowding of dwellings.
5. To provide minimum standards for the maintenance of existing residential buildings
and to thus prevent substandard housing and blight.
6. To preserve the value of land and buildings throughout the city.
B. Intent: With respect to disputes between tenants and landlords, and except as
otherwise specifically provided by the terms of this chapter, it is not the intention of the
City Council to intrude upon the accepted contractual relationship between the tenant and
landlord. The City Council does not intend to intervene as an advocate of either party,
nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are
not ordinance related. In the absence of such relevancy with regard to rental disputes, it is
intended that the contracting parties exercise such legal sanctions as are available to them
without the intervention of city government. In enacting this chapter, it is not the
16
intention of the City Council to interfere or permit interference with legal rights to
personal privacy. (Ord. 267, 7 -20 -1999)
9 -9 -2: APPLICATION OF PROVISIONS:
This chapter establishes minimum standards for maintaining dwelling units, accessory
structures and related premises. This chapter is intended to provide standards for rental
housing and to provide standards to allow resolution of complaints regarding owner
occupied housing. (Ord. 267, 7 -20 -1999)
9 -9 -3: DEFINITIONS:
Whenever the words "dwelling ", "dwelling unit ", "premises ", or "structures" are used in
this chapter, they shall be construed as though they were followed by the words "or any
part thereof'. The following definitions shall apply in the interpretation and enforcement
of this chapter:
ACCESSORY USE OR STRUCTURES: A use or structure subordinate to, and serving
the principal use or structure on the same lot and customarily incidental thereto which is
not used for living or sleeping by human occupants.
ANDOVER BUILDING CODE: The Minnesota State Building Code, International
Buildina Code (IBC), and International Residential Code (IRC) adopted by the city.
BUILDING: Any structure having a roof which may provide shelter or enclosure for
persons, animals, or chattels, and when said structure is divided by party walls without
openings, each portion of such building so separated shall be deemed a separate building.
BUILDING OFFICIAL: The designated agent authorized by the City Council to
administer and enforce this chapter.
DWELLING: A building or one or more portions thereof occupied or intended to be
occupied for residential purposes, but not including rooms in motels, hotels, nursing
homes, boarding houses, trailers, tents, cabins or trailer coaches.
DWELLING UNIT: A single - family dwelling or unit designed to accommodate one
family.
FAMILY:
A. An individual or two (2) or more persons related by blood, marriage or adoption living
together; or
B. A group of not more than five (5) persons who need not be related by blood, marriage
or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of
usual servants.
0
FBI WATER CLOSET: A toilet with a bowl and trap made in one piece, which is
connected to the city water and sewer system or other approved water supply and sewer
system.
GARBAGE: Animal and vegetable waste resulting from the handling, preparation,
cooking, marketing or processing of food, or the non - consumed waste resulting from
animals or humans co nsumin g food.
HABITABLE BUILDING: Any building or part thereof that meets minimum standards
for use as a home or place of abode by one or more persons.
HABITABLE ROOM: A room with enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of
less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways,
closets, storage spaces, workshops, and hobby and recreation areas in parts of the
structure below ground level or in attics.
HEATED WATER: Water heated to a temperature of not less than one hundred ten
degrees Fahrenheit (110 °F), or such lesser temperature required by government authority,
measured at faucet outlet.
KITCHEN: A space which contains a sink with counter working space, space for
installing cooking and refrigeration equipment, and space for the storage of cooking
utensils.
MAINTENANCE: Upkeep of property and equipment in a safe working condition for
which it was installed and/or constructed'.
MULTIPLE - FAMILY DWELLING: A dwelling or portion thereof containing two (2) or
more dwelling units.
OCCUPANT: Any person (including owner operator) living, sleeping, cooking and
eating in a dwelling unit or living and sleeping in a rooming unit.
OPERATE: To charge rent for the use of a unit in a rooming unit.
OPERATOR: The owner or his/her agent who has charge, care, control, or management
of a building, or part thereof, in which dwelling units or rooming units are let.
OWNER: Any person, firm or corporation who, alone, jointly, or severally with others,
shall be in actual possession of, have charge of, care of, or control of any dwelling,
dwelling unit, or rooming unit within the city as owner, employee or agent of the owner,
or as trustee or guardian of the estate or person of the title holder. Any person
•
1a
representing the actual owner shall be bound to comply with the provisions of this
chapter to the same extent as the owner.
PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in
a dwelling unit or rooming unit.
PERSON: An individual, firm, partnership, association, corporation, company or joint
venture or organization of any kind.
PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas
pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents and any other similar
fixtures and the installation thereof, together with all connections to water, sewer and gas
lines.
PREMISES: A platted lot or part thereof or unplatted parcel of land, and adjacent right of
way, either occupied or unoccupied by any dwelling or non - dwelling structure, including
such building or accessory structure.
PUBLIC HALL: A hall, corridor or passageway for providing egress from a dwelling
unit to a public way and not within the exclusive control of one family.
REFUSE: Personal leavings, trash, garbage.
RENTAL DWELLING: A dwelling unit for hire.
0
REPAIR: The construction or renewal of any part of an existing building or its utilities,
facilities or equipment for the purpose of its maintenance.
RODENT HARBORAGE: A place where rodents commonly live, nest, or establish their
habitat.
ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
SAFETY: The condition of being reasonably free from danger and hazards which may
cause accidents or diseases.
SUBSTANDARD DWELLING: Any dwelling which does not conform to the minimum
standards established by city ordinances.
SUPPLIED: Paid for, furnished by, provided by, or under the control of the owner,
operator, or agent of a dwelling. (Ord. 267, 7 -20 -1999; amd. 2003 Code)
9 -9 -4: RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
0
No owner or other person shall occupy or let to another person any dwelling, dwelling
unit or rooming unit unless it and the premises are fit for human occupancy and comply •
with all applicable legal requirements of the state and the city, and as set forth
specifically in this section:
A. Maintenance Of Shared Or Public Areas: Every owner of a dwelling containing two
(2) or more dwelling units shall maintain or shall provide for maintenance of the units
shared along with all public areas of the dwelling and premises thereof.
B. Housekeeping Of Occupied Areas: Every occupant of a dwelling, dwelling unit or
rooming unit shall properly housekeep the dwelling unit and premises thereof that he /she
occupies and controls.
C. Storage And Disposal Of Garbage And Refuse:
1. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of
A his/her refuse and garbage and any other organic waste which might provide food for
insects and/or rodents in a manner approved by the city. The city requires that refuse and
garbage be disposed of by a garbage hauler 65
2. Every owner of a multiple - family dwelling shall supply facilities for the storage and/or
disposal of refuse and garbage. In the case of single- or two - family dwellings, it shall be
the responsibility of the occupant to furnish such facilities as prescribed by city
ordinance.
D. Storm And Screen Doors And Windows: The owner of a rental dwelling unit shall be
responsible for providing, maintaining and hanging all screen and storm doors and storm
windows whenever the same are required under the provisions of this chapter.
E. Pest Extermination: Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of vermin infestations and/or rodents on the
premises. Every occupant of a dwelling unit in a dwelling containing more than one
dwelling unit shall be responsible for such extermination whenever his/her dwelling unit
is the only one infested. Notwithstanding, however, whenever infestation is caused by the
failure of the owner to maintain a dwelling in a reasonable rodent -proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists in two
(2) or more of the dwelling units in any dwelling or in the shared or public parts of any
dwelling containing two (2) or more dwelling units, extermination thereof shall be the
responsibility of the owner.
F. Rodent Harborages Prohibited:
1. Occupied Areas: No occupant of a dwelling or dwelling unit shall accumulate boxes,
firewood, lumber, scrap metal or any other similar materials in such a manner that may
provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored
materials shall be stacked neatly in piles at least four inches (4 ") above bare soil or
ground.
0
Iy
2. Public Areas: No owner of a dwelling containing two (2) or more dwelling units shall
accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar
materials in such a manner that may provide a rodent harborage in or about shared or
public areas of a dwelling or premises. Materials stored outside by the owner or permitted
to be stored by the owner shall be stacked neatly in piles at least four inches (4 ") above
bare soil or ground.
G. Storage Of Food For Rodent Prevention: No owner or occupant of a dwelling unit
shall store, place or allow to accumulate any materials that may serve as food for rodents
in a site accessible to rodents.
H. Maintenance Of Plumbing Fixtures And Facilities: The owner or occupant of a
dwelling unit shall maintain all supplied plumbing fixtures and facilities therein.
I. Minimum Heating Capability And Maintenance: In every dwelling unit or rooming
unit, when the control of the supplied heat is the responsibility of a person other than the
occupant, a temperature of at least seventy degrees Fahfenhe + (70 '"
+ +. a ., l ll s V.11 „ , ma -ine a t n--- level when
Vt
the ou + r o + t wen ty degre 1 holew zffe F a h fen e:+ ( 20 sixty -eight
degrees Fahrenheit (68 ° F) at a point three feet (3 above the floor when the outside
temperature is —16 degrees Fahrenheit.
J. Removal Of Snow And Ice: The owner of any rental dwelling shall be responsible for
the removal of snow and ice from parking lots and/or driveways, steps and walkways on
the premises. Individual snowfalls of three inches (3") or more or successive snowfall
accumulations to a depth of three inches (3") shall be removed from walkways and steps
within forty-eight (48) hours after cessation of the snowfall. (Ord. 267, 7 -20 -1999)
K. Minimum Exterior Lighting: The owner of rental dwellings shall be responsible for
providing and maintaining in good condition lighting fixtures and levels required by state
building code for tenants. (Ord. 267, 7 -20 -1999; amd. 2003 Code)
L. Maintenance Of Driveway And Parking Areas: The owner of a multiple- family
dwelling shall be responsible for providing and maintaining in good condition paved and
delineated parking areas and driveways for tenants. (Ord. 267, 7 -20 -1999)
9 -9 -5: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES:
No person shall rent or let to another for occupancy any dwelling or dwelling unit for the
purposes of living, sleeping, cooking and eating therein which does not comply with the
following minimum standards for basic equipment and facilities:
A. Kitchen Sink: Provide a kitchen sink in good working condition which is properly
connected to an approved water supply system and which provides at all times an
adequate amount of heated and unheated running water under pressure and which is
connected to an approved sewer system per city ordinances.
0
15
B. Cabinets/Shelves, Counter/Table: Provide cabinets and/or shelves for the storage of
eating, drinking and cooking equipment and utensils and for food that does not require is
refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets
and/or shelves and counter or table shall be of sound construction and finished with
surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to
food. (Ord. 267, 7 -20 -1999)
C. Cooking And Storage Facilities: Provide a stove or similar device for cooking food
and a refrigerator or similar device for the safe storage of food at or below forty degrees
Fahrenheit (40 °F), which are properly installed with all necessary connections for safe,
sanitary and efficient operation. Such stove, refrigerator or similar devices need not be
installed when a dwelling unit is not occupied, but sufficient space and adequate
connections for the installation and operation of said stove, refrigerator or similar device
must be provided. (Ord. 267, 7 -20 -1999; amd. 2003 Code)
D. Toilet Facilities: Within every dwelling unit there shall be a non - habitable room which
is equipped with a f lush water closet in compliance with the Minnesota state plumbing
code. Such room shall have an entrance door which affords privacy. Said flush water
closet shall be equipped with easily cleanable surfaces, shall be connected to an approved
water system that at all times provides an adequate amount of runnin water under
pressure to cause the heater water closet to be operated properly, and all shall be
connected to a sewer system in compliance with city ordinances.
E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink. Said lavatory
sink may be in the same room as the flush water closet, or if located in another room, the
lavatory sink shall be located in close proximity to the door leading directly into the room
in which said water closet is located. The lavatory sink shall be in good working
condition and shall provide at all times an adequate amount of heated and unheated
runnin water under pressure and shall be connected to an approved sewer system in
compliance with city ordinances.
F. Bathtub Or Shower: Within every dwelling unit there shall be a non - habitable room
which is equipped with a bathtub or shower in good working condition. Such room shall
have an entrance door which affords privacy. Said bathtub or shower may be in the same
room as the flush water closet, or in another room, and all shall be properly connected to
an approved water supply system and shall provide at all times an adequate amount of
heated and unheated water under pressure and shall be connected to an approved sewer
system in compliance with city ordinances. (Ord. 267, 7 -20 -1999)
9 -9 -6: STAIRWAYS, PORCHES AND BALCONIES:
Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept
in safe condition and sound repair. Stairs and handrails shall conform to the Andover
building code standards 66 . Every porch, balcony or deck which is thirty inches (30 ") or
more above grade shall have a guardrail and shall be firmly fastened and maintained in
good condition. No flight of stairs shall have settled out of its intended position or have
pulled away from the supporting or adjacent structures enough to cause hazard. No flight 0
1(,
of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding
stairways, the treads and risers of every flight of stairs shall be essentially uniform in
width and height. Stairways shall be capable of supporting a live load of one hundred
(100) pounds per square foot of horizontal projection. (Ord. 267, 7 -20 -1999)
9 -9 -7: ACCESS TO DWELLING UNITS:
Access to or egress from each dwelling unit shall be provided without passing through
any other dwelling unit. (Ord. 267, 7 -20 -1999)
9 -9 -8: SECURITY FOR RENTAL UNITS:
No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless
all exterior doors of the dwellings or dwelling units are equipped with safe, functioning.
locking devices. Rental dwellings shall be furnished with door locks as follows:
A. For the purpose of providing a reasonable amount of safety and general welfare for
persons occupying multiple- family dwellings with common areas, an approved security
system shall be maintained for each multiple - family building to control access. The
security system shall consist of locking building entrance or foyer doors, and locked
doors leading from hallways into individual dwelling units. Dead latch type door locks
shall be provided with releasable lever knobs (or doorknobs) on the inside of building
entrance doors and with key cylinders on the outside of the building entrance doors.
Building entrance door latches shall be of a type that are is permanently locked.
B. Every door that provides ingress or egress for a dwelling unit within a multiple - family
building shall be equipped with an approved lock that has a deadlocking bolt that cannot
be retracted by end pressure; provided however, that such door shall be epenable able to
be opened from the inside without the use of a key or any special knowledge or effort.
C. All multiple - family dwellings in existence prior to April 21, 1992, which were not
previously required to have an approved security system, shall not be subject to the
requirements of subsection A of this section. (Ord. 267, 7 -20 -1999)
9 -9 -9: MINIMUM STANDARDS FOR LIGHT AND VENTILATION:
No person shall occupy as owner or occupant or let to another for occupancy any
dwelling or dwelling unit for the purpose of living therein which does not comply with
the following minimum standards for light and ventilation:
A. Habitable Room Ventilation: Except where there is supplied some other device
affording ventilation and approved by the building official, every habitable room shall
have at least one window facing directly outdoors which can be opened easily. The
minimum total of window area that can be opened in every habitable room shall be a
minimum of tett percent (10-%) eight percent (8 %) of the floor area of the room.
B. Non - habitable Room Ventilation: Every bathroom and water closet compartment, and
every laundry and utility room shall be provided with natural ventilation by means of
windows, or skylights having an area of not less than five ^°re°^* (SVO four percent
4� %) of the floor area of such rooms; except, that no windows shall be required if such
11?
rooms are equipped with a ventilation system which is approved by the building official.
(Ord. 267,7-20-1999; amd. 2003 Code) •
C. Electric Service, Outlets And Fixtures: Every dwelling unit and all public and
common areas shall be supplied with electric service, functioning overcurrent protection
devices, electric outlets, and electric fixtures which are properly installed, which shall be
maintained in a safe working condition, and shall be connected to a source of electric
power in a manner prescribed by ordinance, rules and regulations of the city and bylaws
of the state. The minimum capacity of such electric service and the minimum number of
electric outlets and fixtures shall be as follows:
1. A dwelling containing one or two (2) dwelling units shall have at least the equivalent
of 100- ampere, 3 -wire electric service per dwelling unit.
2. Each dwelling unit shall have at least one branch electric circuit for each six hundred
(600) square feet of dwelling unit floor area. (Ord. 267, 7 -20 -1999)
3. Every habitable room shall contain one electrical convenience outlet for each twelve
(12) lineal feet, or major fraction thereof, measured horizontally around the room at the
baseboard line; provided, that in each room, a ceiling type electric light fixture may be
substituted for one of the required electrical convenience outlets. (Ord. 267, 7 -20 -1999;
amd. 2003 Code)
4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room
shall contain at least one supplied ceiling type or wall type electric convenience outlet.
5. Every public hall and public stairway in every multiple dwelling shall be adequately
lighted to provide at least ten (10) foot - candles of illumination of all parts thereof at all
times by means of properly located electric light fixtures; provided, that such electrical
lighting may be omitted from sunrise to sunset where there are windows or skylights
opening directly to the outside and where the total window or skylight area is at least one-
tenth (1 /10) of the combined horizontal area of the floor and stairway of each such public
hallway and where such windows or skylight provide adequate natural light to all parts of
each public hallway. Every public hall and stairway in dwellings containing two (2)
dwelling units shall be supplied with convenient light switches, controlling an adequate
lighting system that will provide at least ten (10) foot - candles of illumination on all parts
thereof, which may be turned on when needed.
6. A convenient switch or equivalent device for turning on a light in each dwelling unit
shall be located near the point of entrance to such unit. (Ord. 267, 7 -20 -1999)
9 -9 -10: AVMMUM STANDARDS FOR HEAT:
A. Standards Established: No person shall occupy as owner or occupant or let to another
for occupancy any dwelling or dwelling unit, for the purpose of living therein, which
does not have heating facilities which are properly installed and maintained in a safe and
working condition and which are capable of safely heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit located therein to a a
19
• temperature of at least seventy a " °° F °`"°"' eit (70'F) w le `em - ° t '
—,-ir-ed by geveffl-m-ent au4her-ivy to be R3aintained at floor level, when the eutdee-r-
degrees below zefe Fal"aheit ; 24 sixty -eight degrees
Fahrenheit (68 at a point three feet (3 above the floor when the outside
temperature is —16 degrees Fahrenheit.
B. Prohibited Heating Methods:
1. Gas or electric appliances designed primarily for cooking or water heating purposes
shall not be considered as heating facilities within the meaning of this section.
2. Portable heating equipment employing flame and the use of liquid fuel does not meet
the requirement of this section and is prohibited.
3. No owner or occupant shall install, operate or use a space heater employing a flame
that is not vented outside the structure in an approved manner. (Ord. 267, 7 -20 -1999)
9 -9 -11: GENERAL MAINTENANCE REQUIREMENTS:
No person shall occupy, as owner or occupant, or let to another for occupancy, any
dwelling or dwelling unit for the purpose of living therein which does not comply with
the following requirements:
A. Foundations, Exterior Walls And Roofs: The foundation, exterior walls and exterior
roof shall be substantially watertight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element shall adequately support
the building at all points. Every exterior wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the interior portion of the
walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects
which admit rain and roof drainage and shall be adequate to prevent rainwater from
causing dampness in the walls. All exterior surfaces, other than decay resistant materials,
shall be protected from the elements and decay by paint or other protective covering or
treatment. If approximately twenty five percent (25 %) or more of the total exterior
surface is unpainted or lacks protective coating or is determined by the building official
to be deteriorated, the surface shall have a protective covering applied. If approximately
twenty five percent (25 %) or more of the total exterior surface of any brick, block or
stone wall is loose or has fallen out, the surface shall be repaired. (Ord. 267, 7 -20 -1999;
amd. 2003 Code) Any shingles siding or other protective element that has become
damaged or deteriorated beyond effectiveness or is missing shall be repaired or
replaced in a timely manner.
B. Windows And Doors: Every window, exterior door and hatchway shall be
substantially tight and shall be kept in good repair. Every window, other than a fixed
window or storm window, shall be capable of being easily opened and closed. Every
window, door and frame shall be constructed and maintained in such relation to the
adjacent wall construction as to completely exclude rain, vermin and rodents from
entering the building.
9
C. Floors, Interior Walls And Ceilings: Every floor, interior wall and ceiling shall be •
protected against the passage and harborage of vermin and rodents and shall be kept in
sound condition and good repair. Every floor shall be free of loose, warped, protruding or
rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight,
waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be
used. Every toilet room and bathroom floor surface shall be capable of being easily
maintained.
D. Rodent Infested Buildings: Buildings found to be rodent infested shall be made rodent
resistant. All openings in the exterior walls, foundations, basements, ground or first floors
and roofs which have one -half foot (1/2') diameter or larger openings shall be rodent -
proofed in an approved manner. Interior floors or basements, cellars and other areas in
contact with the soil shall be paved with concrete or, other rodent impervious material.
E. Fences: All fences on the premises and all c ees °r -eete by "
eaeupan4 on the premises shall eensist of > wood,
materials. Fenees shall be maintained in a
shall conform to chanter 12 -7 of this code.
F. Accessory Structures: Accessory structures shall be structurally sound and be
maintained in good repair. The exterior of such structures shall be made weather resistant
through the use of decay resistant materials such as paint or other preservatives. All
accessory structures shall conform to chanter 12 -6 of this code.
G. Safe Building Elements: Every foundation, roof, floor, exterior and interior wall,
ceiling, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting normal structural loads.
H. Facilities To Function: All equipment or utilities required under city ordinances and
every chimney and flue shall function effectively in a safe and working condition.
I. Grading And Drainage: Every yard, court, or passageway on the premises on which a
dwelling stands shall be graded and drained so as to be free of standing water that
constitutes a detriment to health and safety.
J. Yard Maintenance: Every yard of a premises on which a dwelling stands shall be
maintained to prevent dust and erosion. (Ord. 267, 7 -20 -1999)
9 -9 -12: CONSTRUCTION REQUIREMENTS:
Every dwelling within the city shall conform to the Minnesota State Building Code,
International Buildins Code, and International Residential Code (Ord. 267, 7 -20-
1999; amd. 2003 Code)
9 -9 -13: MAXIMUM DENSITY, MINIMUM SPACE FOR RENTAL UNITS: a
3D
No person shall permit or let to be occupied any rental dwelling for the purpose of living
therein which does not comply with the following requirements:
A. Permissible Occupancy Of Dwelling Unit: The maximum permissible occupancy of
any rental dwelling unit shall be determined as follows:
1. For the first occupant, one hundred fifty (150) square feet of habitable room floor
space and for every additional occupant thereof, at least one hundred (100) square feet of
habitable room floor space.
2. In no event shall the total number of occupants exceed two (2) times the number of
habitable rooms, less the kitchen, in the dwelling unit.
B. One Family Per Dwelling Unit: Not more than one family, except for temporary
guests, shall occupy a dwelling unit. (Ord. 267, 7 -20 -1999)
9 -9 -14: ADMINISTRATION AND ENFORCEMENT OFFICIAL; INSPECTIONS:
A. The building official shall administer and enforce the provisions of this chapter when
reason exists to believe that a violation of the provisions of this chapter has been or is
being committed. Inspections shall be conducted during reasonable hours, and the
building official shall present evidence of his/her official capacity to the owner or
occupant in charge of the dwelling unit. The building official shall keep confidential all
evidence, exclusive of the inspection record, which he /she may discover or obtain in the
is course of an inspection made pursuant to this section, and such evidence shall be
considered privileged.
B. If any owner, occupant, or other person in charge of a dwelling, dwelling unit,
rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to
the structure or premises under his control, or any part thereof, with respect to which an
inspection authorized by this chapter is sought to be made, the building official may,
upon a showing that probable cause exists for the inspection and for the issuance of an
order directing compliance with the inspection requirements of this section with respect
to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain
such order from a court of competent jurisdiction. (Ord. 267, 7 -20 -1999)
9 -9 -15: UNFIT CONDITIONS:
A. Unfit For Human Habitation:
1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged,
decaying, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks
provision for basic illumination, ventilation or sanitary facilities to the extent that the
defects create a hazard to the health, safety or welfare of the occupants or of the public
may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or
rooming unit has been declared unfit, the building official shall order same vacated
within a reasonable time and shall post a placard on same indicating that it is unfit for
0
e2 (
human habitation, and any operating license previously issued for such dwelling shall be
revoked pursuant to law. is
2. It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof
to be used for human habitation until the defective conditions have been corrected and
written approval has been issued by the building official. It shall be unlawful for any
person to deface or remove the declaration placard from any such dwelling unit.
B. Unfit And Vacant Dwellings To Be Secured: The owner of any dwelling, dwelling
unit or rooming unit which has been declared unfit for human habitation or which is
otherwise vacant for a period of sixty (60) days or more shall make the same safe and
secure so that it is not hazardous to the health, safety and welfare of the public and does
not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall
opening, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of
the public and is a public nuisance within the meaning of this chapter.
C. Hazardous Building Declaration: In the event that a dwelling has been declared unfit
for human habitation and the owner has not remedied the defects within a prescribed
reasonable time, the dwelling may be declared a hazardous building and may be
removed, razed or corrected pursuant to the provisions of Minnesota statutes sections
463.15 to 463.261. (Ord. 267, 7 -20 -1999)
9 -9 -16: COMPLIANCE ORDER; APPEALS; PENALTY:
A. Issuance; Contents: Whenever the building official determines that any dwelling, 40
dwelling unit or rooming unit or portion thereof is in violation of this chapter or any other
ordinance, he /she may issue a compliance order setting forth violations of this chapter or
any other ordinance and ordering the owner, occupant, operator or agent to correct such
violations. This compliance order shall:
1. Be in writing.
2. Describe the location and nature of the violations of this chapter.
3. Establish a reasonable time frame, not to exceed sixty (60) days, to correct such
violation and notify the owner of his appeal recourse.
4. Be served upon the owner, operator and occupant, or any of them; provided, that such
notice shall be deemed to be properly served upon such owner, operator, or occupant if a
copy thereof is:
a. Served to him/her personally; or
b. Sent by registered mail to his/her last known address;
c. Upon failure to effect notice through subsection A4a or A4b of this section, service
may be made pursuant to Minnesota statutes section 463.17, subdivision 2, which reads
as follows:
0
EN
• This order shall be served upon the owner of record, or his agent if in charge of the
building, and upon the occupying tenant, if there is one, and upon all lien - holders of
record, in the manner provided for service of a summons in a civil action. If the
owner cannot be found, the order shall be served upon him by posting it at the main
entrance to the building and by four weeks' publication in the official newspaper of
the municipality if it has one, otherwise in a legal newspaper in the county.
(Ord. 267, 7 -20 -1999; amd. 2003 Code)
B. Appeals:
1. When it is alleged by any person to whom a compliance order is directed that such
compliance order is based upon erroneous interpretation of this chapter, or upon a
misstatement or mistake of fact, such person may appeal the compliance order to the City
Council. Such appeal must be accompanied by a filing fee as designated by City Council
in cash or cashier's check and must be filed with the building official within five (5)
business days after service of the compliance order. The filing of an appeal shall stay all
proceedings in furtherance of the action appealed from unless such stay would cause
imminent peril to life, health or property.
2. Upon at least five (5) business days' notice to the appellant of the time and place for
hearing the appeal and within thirty (30) days after said appeal is filed, the City Council
shall hold a hearing thereon. The City Council shall find that the order be reversed,
modified or affirmed in whole or in part.
C. Restrictions On Transfer Of Ownership During Pending Compliance Order: It shall be
Is unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a
pending compliance order has been served to sell, transfer, mortgage or lease or
otherwise dispose thereof to another person until the provisions of the compliance order
have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee
a true copy of any notice of violation or compliance order and shall obtain and possess a
receipt of acknowledgment. Anyone securing an interest in the dwelling, dwelling unit or
rooming unit who has received notice of the existence of a compliance order shall be
bound by same without further service of notice upon him/her and shall be liable to all
penalties and procedures provided by this chapter.
D. Execution Of Compliance Orders By Public Authority: Upon failure to comply with a
compliance order within the time set therein, and no appeal having been taken, or upon
failure to comply with a modified compliance order within the time set therein, the
criminal penalty established hereunder notwithstanding, the city council, after due notice
to the owner, may by resolution cause the cited deficiency to be remedied as set forth in
the compliance order. The cost of such remedy shall be a lien against the subject real
estate and may be levied and collected as a special assessment in the manner provided by
Minnesota statutes chapter 429 for any reasons set forth in section 429.101, subdivision
1, and specifically for the removal and elimination of public health or safety hazards from
private property, but the assessment shall be payable in a single installment. It is the
intent of this section to authorize the city to utilize Minnesota statutes section 429.101 to
promote the public health, safety and general welfare.
o13
E. Violation A Misdemeanor: Any person who fails to comply with a compliance order
after a right of appeal has expired and any person who fails to comply with a modified •
compliance order within the time set therein, upon conviction thereof, shall be guilty of a
misdemeanor. (Ord. 267, 7 -20 -1999)
0
0
a4
• Revision #81
City Code 12 -4 -5 Encroachments
City Code 12 -2 -2 Definitions
Background
At the previous Planning Commission Meeting the group agreed to consider allowing
front porches to encroach into the front yard setback area and decks to encroach into the
rear setback area with a limitation of eight feet for both items. A minor word change
concerning gazebos was also made. The minutes from the previous meeting are included
below.
Proposed Changes
Please note that Revision #81 revisits a section that has already been proposed for
amendment (Revisions # 25, 26, 27, 28 and 31). For clarity the previously proposed
changes are still shown with strikeouts and underlines but are not shown in bold. The
new Revision #81 is shown with strikeouts and double underlines in bold.
12 -2 -2: Definitions:
is PORCH: a portico veranda or colonnade consisting of a deck, railings and roof
sup ported h columns that may be scrcmd and is located at the entrance or
across the front of a residential dwelling unit.
STOOP: a platform or deck which is the top level of a stairway system that extends
from the entrance of a building
12 -4 -5: PERAUTTED ENCROACHMENTS:
The following shall not be considered as encroachments on setback and height
requirements, subject to other conditions hereinafter provided:
A. In Any Yards:
1. Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters,
awnings, ep open canopies, steps, flagpoles, chimneys, ornamental
features, open fire escapes, sidewalks and window wells.
2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar features,
°:a°a t hey de These features shall not a d-above exceed the height of the
ground floor level of the principal structure, of nor shall they extend to a distance
A5
less than three feet (3') from any lot line fief or less than one foot (1') from any
existing or proposed access drive. •
3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants,
floodlights, or other source of light illuminating authorized signs, or light
standards for illuminating parking areas, loading areas or yards for safety and
security reasons, provided the direct source of light is not visible from the public
right of way or adjacent residential property.
4. All projections encroachments shall not exceed thirty-six inches (36 ") as
measured at ground level.
B A porch or stoop for a dwelling not covered in subsection A., shall be allowed to
encroach up to eight feet in front of the normal front yard setback for a dwelling unit
_provided that:
1 In no case shall a porch be closer than twenty (20) feet from the front yard
property line.
2 Windows and full walls shall be prohibited in the encroachment area.
3 Roof eaves shall not be allowed beyond the encroachment limit for front
and side yards but and shall be comparable to the existing house.
4 A residential stoop shall only extend four (4) feet from the front porc
and -shall only be used as the top level of a stairway system and shall not
be allowed beyond the encroachment limit for front yards.
B -C. In Side and Rear Yards (Not Along Street): Detached outdoor picnic shelters or •
gazglm or patio decks may extend to within ten feet (10') of a side er rear
lot line_ exeept, trat No such structures shall exceed five hundred (500) square feet.
C-D. In Rear Yards:
, Clotheslines, outdoor eating facilities, picnic
tables, and recreational equipment, provided these are not less than ten
feet (10') from any lot line. (Amended Ord. 8, 10 -21 -1970)
E
Quasi Public Structures: No quasi-
public structure shall be located within the public
righ
of wa�excot by permit issued by
the governing body. Such structures shall
�6
• include but not be limited to: utility structures and enclosures,• bicycle
racks benches planting boxes light standards,
wells leading signs and other such structures. (Amended Ord. 8. 10 -21 -1970)
-les ,
Lo CCeTCIageZ!a
street
spaee, stEu
f d half F 1 e+ /7 M '\
h
E. R estfiefiens On
the
vision b e t ween a w e
V " �
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.*
een4 r4ine grades of the - g stFeets y
ht f li nes. 7,' T +..: +' to t he �
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1 ' : 'N.,' C#ee.,
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amd.
2003 Code)
iFA stfeet right of way (Amended
lot area resulting than PAen4y
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E. R estfiefiens On
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five
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pemeiA ( 25 , 0 4 )
r
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 2005
Page 3 (excerpt)
City Code General Discussion Item - Front Porches
At the previous meeting the group agreed to consider allowing front porches to encroach
into the front yard setback area similar to the Woodbury example. On a similar topic,
decks are currently required to meet rear yard setback requirements (between 30 and 50
feet depending upon the Zoning District). The Building Department has traditionally
allowed decks to encroach in the rear yard setback if the deck is constructed as a "free
standing accessory structure ". Staff would like the Commission to discuss the potential
for a provision, also currently used by Woodbury:
"Decks are also exempt from the rear yard setback requirements, except that a deck may
not be located closer than fifteen (15) feet from the rear property line."
Commissioner Jasper stated on the porches, based on previous discussions, he would like
to make sure nothing extends beyond eight feet. In the changes it says eight feet plus
eves, which are really undefined and could be another three or four feet. Commissioner
Vatne indicated likewise the stoop up to four feet.
A7
Mr. Bednarz wondered if it also included stairs. He noted on page 30, part 2, they have •
some exemptions there already in the existing code and although it isn't right now, the
way it would be interpreted or linked together would be eight feet plus up to three feet of
those items so then they would be up to eleven feet and what the Commission is saying is
eight feet total including other items.
The Commission agreed that eight feet should encompass all parts of the front porch with
nothing, except stairs, encroaching further.
Chairperson Daninger stated in the back, the change would allow up to fifteen feet for a
deck. Commissioner Vatne thought it was reasonable. Commissioner Jasper stated he
would not allow it. There is a reason for backyard setbacks and he did not think there
was any reason to make a blanket exception for a deck. If they are going to do that, they
might as well allow any structure or addition back there and he did not see a rationale
reason to reduce a setback for this type of structure.
Chairperson Daninger asked what the reason was for the change. Mr. Bednarz stated
they see a lot of these requests in a summer on urban lots.
Commissioner Jasper suggested the deck be the same as the porch. If the porch
encroached by eight feet then the deck could encroach by eight feet to keep it consistent.
Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense.
Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic •
shelters, the extension, the size within ten feet of the lot line and not more than five
hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an
exception for a living room to go within ten feet of the rear lot line which did not make
any sense to him. He understood the picnic shelter or patio deck but he thought the
words living room should be stricken because it could be construed as an extension of the
house. Commissioner Holthus thought it should be replaced with Gazebo.
Commissioner Jasper stated he did not have a problem with changing it to Gazebo.
WO
Revision # 82
6 -4 SNOWMOBILES AND ALL - TERRAIN VEHICLES
Background
A resident has come forward and requested that changes be made to the City Code
regarding the use of dirt bikes. The resident presented a series of additions she felt could
be added to the City Code to limit the nuisance created by the use of motorbikes on
residential property.
As a discussion item at their June 14 2005 meeting, the Planning Commission debated
the resident's ideas and recommended two changes to Title 6, Chapter 4 of the City Code,
"Snowmobiles and ATV's."
Proposed Changes
A definition of "Off- Highway Motorcycles" will be added to Title 6, Chapter 4.
Language will also be added that will limit the use of Off - Highway Motorcycles to the
hours between 8:00 AM and 8:00 PM.
To help illustrate what our State Statutes have in regard to ATV's and motorcycles,
please find the applicable statutes attached to this report, as well as Title 5, Chapter 6,
"Noise Control" and Title 6, Chapter 4, "Snowmobiles and All- Terrain Vehicles" as they
currently appear in the Code.
DEFINITIONS:
OFF - HIGHWAY MOTORCYCLE: A motorized, off - highway vehicle traveling on
is two wheels and having a seat or saddle designed to be straddled by the operator
and handlebars for steering control, including a vehicle that is registered under
chapter 168 for highway use when it is used for off - highway operation on trails or
unimproved terrain. (M.S. 84.787 subd. 7)
6 -4 -8: EXEMPTIONS FROM PROVISIONS:
The city's enforcement agency or the county sheriffs department, in order to provide
enforcement, shall be exempt from the requirements of this chapter. (Amended Ord. 109,
6 -6 -1995)
6 -4 -9: 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)
6 -4 -10. OFF - HIGHWAY MOTORCYCLES; HOURS OF OPERATION
Off- highway motorcycles shall not be operated between the hours of 8:00 PM and
8:00 AM within the City.
WA
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 8
11
Commissioner Jasper suggested the deck be the same as the porch. If the porch
encroached by eight feet then the deck could encroach by eight feet to keep it consistent.
Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense.
Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic
shelters, the extension, the size within ten feet of the lot line and not more than five
hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an
exception for a living room to go within ten feet of the rear lot line which did not make
any sense to him. He understood the picnic shelter or patio deck but he thought the
words living room should be stricken because it could be construed as an extension of the
house. Commissioner Holthus thought it should be replaced with Gazebo.
Commissioner Jasper stated he did not have a problem with changing it to Gazebo.
vi. City Code General Discussion Item — Dirt Bikes
Mr. Bednarz summarized the staff report.
Commissioner Jasper stated to him it would make sense if they can limit the hours to
make it coterminous and the same as the limitations they put on snowmobiles because the
rationale and reasons for the limitations he thought were the same. He thought this •
should also be applied to ATVs. He stated he would suggest using Minnesota Statute
84.90, which defines recreational motor vehicles. That way they are treating ATV's and
off road motorcycles the same and giving them the same hours as the snowmobiles.
Commissioner Greenwald stated he disagreed and it was his opinion that snowmobiles
can ride at night because they have regulation headlights. He did not think they should
allow off - highway motorcycles ride after 8:00 pm because they do not have highway
approved lights.
Commissioner Greenwald explained his reasons for not wanting OHM's to be allowed to
ride at night. He shared his knowledge of this item with the Commission.
Commissioner Holthus did not think they should have the same hours and thought they
should have an earlier stopping operating time because of the lighting and how dangerous
off road trails would be at night. Chairperson Daninger concurred because he did not
think dirt bikes were the same as snowmobiles.
Chairperson Daninger thought 8:00 am to 8:00 pm was a good idea for riding times. The
majority of the Commission concurred.
Commissioner Vatne stated that the proposed definition of OHM extends to vehicles
operated on the road, as well as those on private property.
0
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 9
• Mr. Bednarz agreed that this needed to be adjusted and suggested dirt bikes licensed to
operate on roads would only be affected when operated on private property.
Commissioner Greenwald suggested they keep OHM'S separate from ATV's. He stated
he was only comfortable with adding the hours to this item but he would not want them
combined with ATV's.
The consensus of the Commission was to limit the hours of operation for dirt bikes from
8:00 am to 8:00 pm and keep dirt bikes defined separately from ATVs and snowmobiles
with the definition changes suggested.
vii. Crematorium Regulations
Crematoriums are currently not allowed in Andover due to the fact that they are not
defined or listed in the uses section of the City Code. As with other controversial land
uses, cities that do not provide a location for them may be compelled to allow them in a
location that may be less desirable if challenged. Therefore, it is important that the City
designate appropriate zoning district(s) and regulations to provide an enforceable
community standard for this land use.
Crematoriums located in funeral homes generally require a conditional use permit and are
located in commercial districts. Funeral homes are a permitted use in all of Andover's
commercial zoning districts.
Staff suggests that crematoriums be established as a conditional use in General Business
(GB) Zoning District. As this district abuts residential property in different locations
around the City, the Planning Commission may want to consider an additional setback
between crematoriums and residential districts.
Commissioner Greenwald asked if someone came in for a Conditional Use Permit, would
it require a public hearing. Mr. Bednarz stated it would.
Commissioner Greenwald wondered if they wanted to allow crematoriums in Andover at
all.
The majority of the Commission thought they should.
Chairperson Daninger stated he liked staff suggestion to allow it in General Business and
he was in favor of a Conditional Use Permit. He thought this would give a buffer like a
liquor license and they have to respect the perception of residents and by putting a certain
distance on, they would need to be careful not to make the distance so great that the
setbacks would overlap.
Commissioner Greenwald wondered on the CUP what would be the reason to deny it.
Would it be specifically that it would not meet some setbacks or because they do not
31
Revision #83 Crematorium Regulations
Background •
At the last meeting the Commission was generally in favor of allowing crematoriums as a
conditional use in the General Business Zoning District. The Commission also was interested in
applying a setback between crematoriums and residential properties and developing some language
to limit the intensity or frequency of operations. The minutes from the previous meeting are
included below.
Location
A map has been attached to illustrate the effect of a 200, 400 and 600 foot setback from residential
properties. At 200 feet, the two remaining building pads in Andover Station South would be
eliminated. Andover Station North would provide the only current opportunity to construct a
funeral home with a crematorium. These sites may not be desirable locations due to the close
proximity of future restaurant and retail establishments. As a result, staff would like the Planning
Commission to consider adding funeral homes and crematoriums as a conditional use in the
Industrial Zoning District. This would add potential redevelopment sites southwest of the
intersection of Hanson and Bunker Lake Boulevards and northeast of the intersection of Round
Lake Boulevard and 161" Avenue NW (see attached map).
The Commission also mentioned a setback from schools or churches. These uses are almost always
in residential zones and so the setback from residential property lines will also be triggered by these
uses.
Limitation on Operations
Staff suggests the definition of crematorium clarify its role as part of a funeral service conducted on •
site and the scope of any other operations would be specifically defined through the conditional use
permit process subject to limitations based on the location, size of the site, surrounding land uses
and any other health or safety concerns raised by the Council.
Proposed Change
12 -2 -2: DEFINITIONS
Cemetery: Land used for the burial of human bodies, excluding crematoriums.
Crematorium: A place within a funeral home where bodies are consumed by incineration
and the ashes of the deceased are collected for permanent burial or storage in urns as a mart
of a funeral conducted on the site subject to the setback requirements of City Code 12 -5_ Any
other cremations shall be subject to limitations by the City Council through the conditional
use permit process based on the location, size of the site, surrounding land uses and any other
health or sa
etv concerns.
Mortuary and Funeral Home: A building used for human funeral services that may contain
space and facilities for funeral services, preparation of the dead for burial, the performance
of autopsies and other surgical procedures on the dead, the storage of caskets, funeral urns,
and other related funeral supplies and the storage of funeral vehicles. A funeral home shall
not include facilities for cremation, unless allowed by a conditional use permit. A funeral
chapel shall be considered an accessory use to a funeral home.
3a
CITY CODE 12 -13 PERMITTED, CONDITIONAL, AND PROHIBITED
USES ENUMERATED
Ah
ermitted, Permitted Accessory,
Conditional, and Prohibited Uses
Zoning Districts
R -1
R -2
R -3
R -4 2
R -5
M-
1
M-
2
I GR
LB
NB
I SC
GB
I
Cemetery
C
C
C
C
C
C
C
Crematorium
C
C
Funeral home
P
P
P
P
CITY CODE 12 -5 -3 SETBACKS ADJACENT TO RESIDENTIAL AREAS:
A. Business Districts: Where a business district is adjacent to a residential district, the
minimum building setback from the lot line shall be thirty five feet (35').
B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy
five feet (75'). (Amended Ord. 8, 10 -21 -1970)
C. Crematorium: A structure containing a crematorium shall be setback a minimum of
feet from any residential property line and shall also be required to meet the
minimum setback requirements of City Code12 -3 -4.
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 28, 2005
Page 2 (excerpt)
vi. Crematorium Regulations
Crematoriums are currently not allowed in Andover due to the fact that they are not defined or listed
in the uses section of the City Code. As with other controversial land uses, cities that do not
provide a location for them may be compelled to allow them in a location that may be less desirable
if challenged. Therefore, it is important that the City designate appropriate zoning district(s) and
regulations to provide an enforceable community standard for this land use.
Crematoriums located in funeral homes generally require a conditional use permit and are located in
commercial districts. Funeral homes are a permitted use in all of Andover's commercial zoning
districts.
Staff suggests that crematoriums be established as a conditional use in General Business (GB)
Zoning District. As this district abuts residential property in different locations around the City, the
Planning Commission may want to consider an additional setback between crematoriums and
residential districts.
Commissioner Greenwald asked if someone came in for a Conditional Use Permit, would it require
a public hearing. Mr. Bednarz stated it would.
Commissioner Greenwald wondered if they wanted to allow crematoriums in Andover at all.
The majority of the Commission thought they should.
33
Chairperson Daninger stated he liked staff suggestion to allow it in General Business and he was in
favor of a Conditional Use Permit. He thought this would give a buffer like a liquor license and
they have to respect the perception of residents and by putting a certain distance, they would need to •
be careful not to make the distance so great that the setbacks would overlap.
Commissioner Greenwald wondered on the CUP what would be the reason to deny it. Would it be
specifically that it would not meet some setbacks or because they do not want it. Chairperson
Daninger thought it was like the drive through. They need a CUP to make sure it follows
regulations and so it can go to a public hearing and attach reasonable conditions.
The majority of the Commission thought crematoriums should be a conditional use in General
Business Districts but that more information was needed to determine an appropriate setback from
residential.
The Commissioners discussed how far the buffer should be from residential homes in the City.
Mr. Bednarz indicated staff would bring back more information to help the Commission make a
decision.
Commissioner Jasper asked if they should limit the crematorium use to only those funerals at the
site or allow off site funeral homes to use the crematorium. He stated he was not comfortable with
bringing in large quantities of bodies from other funeral homes. Chairperson Daninger stated they
could control this through the CUP.
Commissioner Jasper stated he would rather include it in the original regulations. Chairperson
Daninger did not know if that would be too restrictive. Commissioner Greenwald noted the
machines are pretty expensive too.
Commissioner Casey stated the investment in the equipment would cause business owners to want
to retain flexibility on when it could be used.
Chairperson Daninger thought they should look at the recommended distance from schools and
residents and what appropriate limitations on the intensity of the operation should be.
Commissioner Holthus indicated the chart does not indicate a crematorium in Minneapolis. Mr.
Bednarz stated the chart is incorrect because Minneapolis has at least two of them.
Commissioner Vatne thought these should be set up like a liquor store and he thought it would be
wise to put some type of limitations in, such as twenty miles for cremation services and limit the
hours.
Mr. Bednarz indicated staff would bring back more information and include the suggested changes.
0
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, t
--
n
iAl
200, 400 and 600 Foot Buffer From Residential for General Business Properties
Legend
0 R -1 - Single Family -Rural ® M -1 - Multiple Dwelling Low Density - GB - General Business
Q
R-1A -Manufactured Housing - M -2 -Multiple Dwelling I - Industrial
R -2 - Single Family- Estate LB - Limited Business" GR - General Recreation
R -3 - Single Family - Suburban NB - Neighborhood Business Right -of -Way
R-0 - Single Family -Urban SC - Shopping Center RR
N
W E
S
Andover Planning
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Legend
0 R -1 - Single Family -Rural ® M -1 - Multiple Dwelling Low Density - GB - General Business
Q
R-1A -Manufactured Housing - M -2 -Multiple Dwelling I - Industrial
R -2 - Single Family- Estate LB - Limited Business" GR - General Recreation
R -3 - Single Family - Suburban NB - Neighborhood Business Right -of -Way
R-0 - Single Family -Urban SC - Shopping Center RR
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Andover Planning