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Home My WebLink About11/22/05T Y O F 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 November 22, 2005 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — October 25, 2005. PUBLIC HEARING: City Code Amendment to amend City Code 12 -3 -5 Zoning District Map to reflect changes to Flood Insurance Rate Map (FIRM) panel # 270689 0010B. 4. PUBLIC HEARING: Preliminary Plat for Stack's Woods, a rural residential • development located southwest of the intersection of 7 Avenue NW and 165 Avenue NW. 5. PUBLIC HEARING Conditional Use Permit (05 -09) amending Conditional Use Permit 05 -08 to add telecommunications equipment at 16191 Round Lake Boulevard NW. 6. PUBLIC HEARING City Code Amendment to amend City Code 12 -7 to require a permit for the construction of a fence or retaining wall. 7. Other Business 8. Adjournment L + Y O F DDVE 1685 CROSSTOWN BOULEVARD N.W.: ANDOI MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US f o: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of N inutes - October 25, 2005 DATE: November 22, 2005 ReIIiu6t The Planning and Zoning Commission is asked to approve the minutes from the October 25, 2005 rheeting. s �J 0 U PLANNING AND ZONING COMMISSION MEETING— OCTOBER 25 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 25, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Commissioners absent: Also present: Chairperson Daninger, Commissioners Rex Greenwald, Dean Vatne, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioner Tim Kirchoff. Associate Planner, Andy Cross Others APPROVAL OFMINUTES. September 27, 2005 Motion by Casey, seconded by Jasper, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. VARIANCE (05 -05) TO VARYFROM THESIDE YARD SETBACK REQUIREMENTS OF CITY CODE 12 -3-4 FOR A DETACHED ACCESSORY STRUCTURE AT 1511138 LANE NW Mr. Cross stated Patrick and Susan Fugina have applied for a variance to build a two -car garage within their lot's 35 -foot sideyard setback. They are requesting a 15 -foot variance so they may build the garage 20 feet off the property line instead of the required 35. Mr. Cross discussed the information with the Commission. Chairperson Daninger asked if the garage was within the thirty-five yard setback, would the driveway still enter from Drake Street. Mr. Cross indicated it would. • Regular Andover Planning and Zoning Commission Meeting Minutes — October 25, 2005 Page 2 . Commissioner Holthus stated if the variance was approved, they would have two driveways on Drake Street. Mr. Cross noted if this were approved, the U- driveway on Drake would be closed off. Commissioner Greenwald wondered if any building needed to have a thirty-five feet setback or is it because it is a garage. Mr. Cross stated the reason is because it is a corner lot and there are more restrictions for it being on the corner. Chairperson Daninger wondered if there would be a site concern with a car being parked in the driveway. Mr. Cross did not know if the Engineering Department looked at this but having a car parked in the driveway would be legal. He stated the Engineering Department did look at traffic counts and did not think there would be a problem with putting a driveway on Drake Street. Commissioner Jasper stated this new proposed driveway would be further from the corner than the existing driveway on Drake Street. Mrs. Susan Fugina, 1511 138 Lane NW, indicated they were going to build the garage two years ago but felt it was premature. She stated they decided to build the garage to get the boat and car off the existing U- driveway. She noted they were previously told by City staff that the setback was from the street but later told it was from the property line. She stated this is the only place in the yard they can put the garage in order to preserve the yard. Commissioner Jasper stated there was some reference to a neighbor with a pool in the letter. Mrs. Fugina explained the situation with the neighbor behind them and that they preferred the garage was placed up further so it would not interfere with their pool. Chairperson Daninger asked which scenario would remove more trees. Mrs. Fugina indicated if they placed the garage within the thirty-five foot setback, they would lose more trees because it would be setback further on the property. Chairperson Daninger asked what the hardship would be. Mrs. Fugina stated the hardship would be they would lose the use of their yard if they did not get the variance approved. Commissioner Jasper stated they did a variance about a month ago and in this neighborhood it seemed to fit better on the lot. He thought with this one, by granting the variance, they would be saving more trees and in light of this he would support the variance. Commissioner Vatne stated he was going to vote against this because he did not see it as a hardship even though he understood the applicants wanting to save open space. He did not think it was significant enough to meet a hardship by saving trees. • Regular Andover Planning and Zoning Commission Meeting Minutes — October 25, 2005 Page 3 • Commissioner Holthus noted the previous variance approval was not only the street but also because the house where they were building the garage was built prior to the development going in around the house which may have been more of an issue. She thought this house was built around the same time the rest of the houses were built. Chairperson Daninger indicated he was going to vote against. He stated he was struggling to find a hardship with this case. Commissioner Greenwald stated he agreed and read through the reasons for a hardship but did not see it but it bothered him that in the letter from the applicant that staff' indicated one thing in one year and something else later. He thought in his opinion, he considered this a hardship. On the other hand, he has always had trouble approving a variance like this because it can set a precedence they may not want to set. Mr. Cross stated prior to October 2002, the table given to the public did state the setback was much more unclear and was changed to read "sideyard setback from property line adjacent to street ". He noted in table 6.02, minimum requirements indicated the sideyard setback was from the street. He stated this mix up did happen in the City three years ago, and the Council made a motion to change that. Commissioner Greenwald thought this would be a hardship to him. • Commissioner Vatne thought in 2002, it would have required a variance also, but how much. Mr. Cross stated it would be hard to determine what variance would have been requested at that time. Motion by Greenwald, seconded by Jasper, to recommend to the City Council approval of the variance request of Resolution No. , based on the information previous given to the applicant from the City. Motion failed on a 2 -ayes, 4 -nays ( Vatne, Casey, Holthus, Daninger), 1- absent (Kirchofl) vote. Motion by V acne, seconded by Casey, to recommend to the City Council denial of the variance request of Resolution No. , based on lack of hardship. Motion carried on a 4 -ayes, 2 -nays (Greenwald, Jasper), 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the November 1, 2005 City Council meeting. OTHER BUSINESS. Mr. Cross updated the Planning Commission on related items. He noted the Commission is invited to the City Council workshop going on to discuss planning of the Rural • Reserve. Regular Andover Planning and Zoning Commission Meeting Minutes — October 25, 2005 Page 4 Commissioner Jasper announced his resignation to the Commission effective • immediately. Chairperson Daninger stated it has been an honor and privilege working with him on the Commission. ADJOURNMENT. Motion by Jasper, seconded by Greenwald, to adjourn the meeting at 7:28 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. 11 • C A I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Date: November 22, 2005 To: Planning and Zoning Commission From: Chris Vrchota, Associate Planner Todd Haas, Assistant City Engineer Subject: City Code Amendment to amend City Code 12 -3 -5 Zoning District Map to reflect changes to Flood Insurance Rate Map (FW panel #270689001013. The Planning and Zoning Commission is requested to table this item to allow City staff to • amend the public hearing to include City Code Title 14, which is in regards to Flood Control Regulations. In addition, the Minnesota Department of Natural Resources do require notice of all hearings to consider an amendment to this chapter and the notice shall include a draft of the chapter amendment or technical study under consideration as indicated in Chapter 14 -1 -16 B. 0 I A N C I T Y O F DOVE 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 Planne* SUBJECT: PUBLIC HEARING: Preliminary Plat of a single family rural residential development known as Stack's Woods located southwest of the intersection of 7 th Avenue NW and 165 Avenue NW. DATE: November 22, 2005 INTRODUCTION The Planning Commission is asked to review a preliminary plat with 20 rural residential lots. DISCUSSION Conformance with Local Plans The proposal is consistent with the Rural Residential Land Use Classification and Single Family Rural Residential (R -1) Zoning District that exist on the subject property. Access • Access is provided from 157 Avenue NW. The proposed development would create two new intersections with this street. Temporary cul -de -sacs will be provided to allow future street connections for properties to the east and south. The north south street near the center of the site (Ventre Street NW) is designated a collector street route by the City's Transportation Plan and a state aid route. Sixty -six feet of right -of -way are proposed for this street to conform with City Code 11 -3 -3. The Park Commission discussed placing a trail along one side. Lots Each of the proposed lots will meet the minimum lot width, depth and area requirements of the R -1 Zoning District. The City Code restricts restrict lots from having double frontage or fronting along the two collector streets (Ventre Street NW, 165 Avenue NW). This makes compliance difficult. For example, lots located at the intersection of these collector streets will require a variance because both requirements cannot be "met. In these situations it is important to acknowledge that variances are necessary, but need to be minimized and used to create the best possible neighborhood design. The proposed design creates a block of eight homes along 164 Lane NW. Variances would be needed for Lots 1 -4 of Block 3 as these double frontage lots along a local and collector street. The findings for the variances include the fact that the developer has tried eliminate variances • where possible, prevented driveways onto collector streets for this block and created a cohesive block with a potential for future street extension to the east. U Lots 1 and 2 of Block 4 and Lots 5 and 6 of Block 2 front on a collector street (proposed Ventre Street NW) and would require variances. Although classified as a proposed collector route in the City's Transportation Plan, Figure 13 (attached) shows the street is only projected to carry an average of 200 vehicles per day regardless of the development scenario that occurs. This is below the threshold of 1,000 ADT established in the City Code's definition of a collector street and a traffic level that many local streets handle on a daily basis. It should be noted that the collector street designation for Ventre Street is more of a function of satisfying criteria to achieve additional state aid funding than it is reflective of the volume of traffic the street will carry. Street Length Proposed 164"' Lane NW (to the east) extends approximately 1250 feet before terminating in a temporary cul -de -sac at the east property line. Staff has requested an additional street connection to 165"` Avenue NW between Lots 3 and 4 of Block 3 to prevent the long dead end. The applicant is requesting a variance to the 500 foot maximum cul -de -sac length. The Findings include the potential for the street to be extended to provide connectivity in the future and the difficulty encountered in redesigning the project to with the additional street connection. The Planning Commission is asked to discuss this item specifically. Wetlands Eight wetlands exist on the site. The project is designed to avoid wetland impact with the exception of a small amount of fill on the west side of proposed Yakima Street NW to allow this street to meander between two wetlands. The plan has been reviewed by the Lower Rum River Watershed Management District. Buildability Requirements Each of the lots exceeds the area needed to meet the buildability requirements for rural lots. These include a 3,600 square foot building pad and two 5,000 square foot areas for the primary and secondary drain field to be located. Tree Protection Plan The attached Tree Protection Plan shows that each lot will be custom graded to preserve trees outside of building pad and drain field areas. Tree preservation areas are shaded on this plan. Special attention will be given to accommodate rear yard drainage on Lot 4, Block 2 without removing the existing tree stand. Easements Typical rural lot easements (ten feet around the perimeter of each lot) and additional easements to cover drainage areas, wetlands, maintenance vehicle accesses are provided. A separate document will be necessary to record the emergency vehicle access. • 2 Park Dedication • The Park and Recreation Commission reviewed the plat at their November 17 Meeting. The Park Commission recommended that fees be collected on a per lot basis. The Commission also discussed a trail along Ventre Street NW. Coordination with other Agencies The developer is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Lower Rum River WMO, Anoka County Highway Department, Minnesota Pollution Control Agency, LGU, and any other agency that may have an interest in the site). Staff Recommendation Staff recommends approval of the proposed preliminary plat subject to the conditions of the attached resolution and the Planning Commission discussion of the proposed variances. Attachments Resolution Location Map Preliminary Plat Plan Set Figure 11 Transportation Plan Figure 13 Transportation Plan ACTION REQUESTED The Planning Commission is asked to review the proposed plat and make a recommendation to the City Council. Respectfully submitted, o y lz Cc: Mike Quigley, Emmerich Construction Inc. 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "STACK'S WOODS" FOR EMMERICH CONSTRUCTION, INC. LOCATED AT AND LEGALLY DESCRIBED AS; The Northeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 25, Anoka County, Minnesota. AND That part of Government Lot 8, Section 13, Township 32, Range 25, lying easterly of the following described line: Commencing at a point on the north line of said Government Lot 8, said point being 58.63 feet east of the southeast corner of Government Lot 5, Section 12, Township 32, Range 25, Anoka County, Minnesota; thence continuing east along said north line 217.80 feet to the point of beginning of the line to be described; thence South at right angles to said north line to the south line of said Government Lot 8, and said line there terminating. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and • WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and 0 WHEREAS, the applicant has petitioned to vary from City Code 11 -3 -3G. to allow 164 Lane NW to terminate in a cul -de -sac that exceeds 500 feet length; and WHEREAS, the applicant has petitioned to vary from City Code 11 -3 -6H, to allow Lots 14 of Block 3 to allow double frontage lots adjacent to a collector street; and WHEREAS, the applicant has petitioned to vary from City Code 11 -3 -2C. to allow Lots 5 and 6 of Block 2 and Lots 1 and 2 of Block 4 to front on a collector street; and WHEREAS, the findings provided include the fact that the site is encumbered by wetlands and adjacent collector streets that will require some variance to the City Code. The plat is designed to minimize variances and achieve sound neighborhood design by creating cohesive blocks, preventing driveways onto 165 Avenue NW, minim izing driveways onto Ventre Street NW and providing potential for a future street extension to the east. WHEREAS, the Planning Commission finds and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat; and • 4 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has • received the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: I. The Preliminary Plat shall conform to the plans revised October 19, 2005 and stamped received by the City of Andover on October 25, 2005. 2. The developer obtains all necessary permits from the DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication and trail fees shall be paid on a per unit basis for each of the lots in the proposed development. 4. A variance to City Code 11 -3 -6G. is granted to allow 164 Lane NW to terminate in a cul-de -sac exceeding 500 feet in length. 5. Variances are granted for Lots 1 -4 of Block 3 to allow double frontage lots adjacent to a collector street. 6. Variances are granted to allow Lots 5 and 6 of Block 2 and Lots 1 and 2 of Block 4 to front on a collector street. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A fmancial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. 8. Separate temporary easement documents shall be provided for the temporary cul -de -sacs at the east end of 162" Lane NW and the south end of Ventre Street NW. Adopted by the City Council of the City of Andover this th day of , 200_. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor • 5 Preliminary Plat Stack's Woods r1 u N W-4 a ANL6 6 W A#P� Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H:\ GI SDATA \PLANNING\PRO]ECTS\NEWCASES.APR Date Printed: 11/16/2005 - 08:56:45 AM 0 0 it Y 9 b of w 1 P7 t i1 f l u / f ' m m 0 ' m O :'aRO:SIREETMW . _ ...._. -----------. _. ti----= r -- 7 ---- I - - - T -- i T ra i �� -i I •I i i I� I Ile ...,..... lil- - - - - +- jI gg I In - ---- /- -�•` \ �/� ; . r ;]fir —Nl i u •` - -.i I I`. N i IS � ipi I k�l I � w I iji I' I I * ,r ,,\'�•` .i �, I I II I r. _ 1i � y pa9 J YN� l ii 'A 1 •' €� aA O •r mg 3 R O 0 a f Y1 ti s� I ,ii 9 is �d a I W - - - -- � rury 131!.93 NI' 191' ................... IL i . - -•- . 1 ^� ...y.. Ir rq -.'4V i j �j pp .._._.. y,, 40. �� .. =. 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"_ , IV j i --- ............ • 7 ------------- I - H I t ct C P It tit nrol ip i ts NJ Ter _ b1 lb y lei " m °UN ou � / ( �� n � � 1 U »U IR / ^ ' All vW u Ail LN 7/, �')'J C3 cs or PAP aks' _ rl � /. ----------- § �� { � I �1' ��`� 19 / I I �� I'�j'� a 'p'jl; ap I oc' lo cc '7 1 14 Intl le PN its fill as 1, '\ k lip! ,r 'it 1 IN\\ ma-MMIRTAN 6 L l� F�� Im"Oh 11 I • I cr 0 I e d ruM �zr✓P.,, a VBM CLENIP PARK 4ma �f o MUNICIPALITY OF � ANDOVER PREPARED BY THE $$ MINNES ❑TA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPORT GROUP r #� \ IN COOPERATION VITH U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION SCALE 1600 0 1600 WOO FEET 500 0 500 WOO METERS *ro 2 0 01 0 8 f 761 BASIC DATA - 1990 T Jup N 200 / A Ie ,�50 I X200 q O tee W E s S LEGEND 2020 SCENARIO 1 DAILY VOLUMES............ XX)= 2020 SCENARIO 2 DAILY VOLUMES............ O XX,)= 2020 SCENARIO 8 DAILY VOLUMES............ Q XX,)= INTERSTATE TRUNK HIGHWAY............ U.S. TRUNK HIGHWAY ............. STATE TRUNK HIGHWAY ................. COUNTY STATE AID HIGHWAY....... COUNTY ROAD ......................... CORPORATE LIMITS ................ 129l, _v\ — PUBLIC ROAD .................... PRIVATE ROAD ................... j FUTURE ROADWAY .................... e: Volume Projections are based on Rural Reserve Land Use projections - Future Land Use changes will change projections. RE 13 2020 DAILY VOLUMES - ENARIOS 1 THROUGH 3 in Bonestroo o Rosene Anderlik & Associates Engineem & ArchlteM • 5 0 ANL6 �6V 9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner 1 SUBJECT: PUBLIC HEARING Conditional Use Permit (05 -09) amending Conditional Use Permit 05 -08 to add telecommunications equipment at 16191 Round Lake Blvd NW. DATE: November 22, 2005 INTRODUCTION The applicant is requesting a change to an element of the C.U.P. request that came before the City in August, 2005 for the collocation of wireless telecommunications equipment at the American Tower site near the Industrial Park. DISCUSSION The August, 2005 C.U.P. request (05 -08) from Cingular Wireless was for an antenna array on the American Tower site, as well as three cabinets on the ground that would house the equipment needed by • the antennae. The cabinets are self - enclosed and compact. The hurricane and other extreme weather in the South has increased demand for these cabinets in other parts of the country. For this reason, Cingular Wireless has amended their C.U.P. request to build a shelter that will house telecommunication equipment instead of using the self - enclosed cabinets. The 10' x 7' concrete pad upon which the cabinets would have stood will be replaced by a 10' x 16' equipment shelter. All other parts of the previous Conditional Use Permit will remain the same. The shelter would require a building permit, so the applicants will be required to work with the Building Department before construction can begin. 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 Location Map Applicant's Letter Respectfully submitted, Andy Cross Site Plan Comparison Building Elevations 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 AMENDING THE CONDITIONAL USE PERMIT REQUEST OF CINGULAR WIRELESS TO PERMIT THE INSTALLATION OF AN ENCLOSED SHELTER TO HOUSE TELECOMMUNICATION EQUIPMENT PURSUANT TO TITLE 9 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 an enclosed shelter to house telecommunication equipment 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 0 0 0 - - - - - -- > ' ° c i c � � Q w t, J ui O $ W c g ALL LLI g 1 S tiN I a � � I � Q 1 i Fm c October 31, 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 16191 Round Lake Blvd., Andover, 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 10X16' concrete pad for a 10X16' concrete shelter to house the radio equipment. 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 November 22n meeting, please don't hesitate to contact me at (612) 961 6602. I look forward to working with you on this application again! Sincerely, Dan Lesher Enclosure 0 • • Site Plan Comparison Original Request (CUP 05 -08) J f pmanr !U!C n, wets Amended Request (CUP 05 -09) Ldo%p S4e% 0 'W 6w s a' h� t r t � y yyb k SS FS 4 s I "A � c i w � e •. F e 6w m • • 0 -Z A - 11 1 m 3a a Ca ' 4 1 I 11111111111 LL z C Im W p :t M 1Q Z � ~ m 0 y rOr LAJ $P F � .9. x.901) .0-.6 .9 16 a ^kv 444iii IIU� I IIII IN. � 3 III a s� - UUNUNUNINNNIN q . IN�IRall � �t l� St �t Se .9 . c3 = WIINUMNUUIININN N $$ $$ ° NI UIIpUII �UNIINI Q v 3 �uluulluN ullw� � N wW MINIMUM MINIM p � z IIINNINI@IUIIUNIy : 3 i - S::J 'O � ApNUIgIp�IN i INIIII Yl I R WII IN ININAIN IININA - � ' - Q no uai� I I�n IIU N 7 N I 2 m 4 � O W 'W P" 1 n h u <. Z!].l - ,O! 0 • 0 1�1 Lgoll „40—"e N �+ OL ........... 0 ti f I.-tj .1 I o as 11111HUHHHHHE r TO 0 0 . ^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners FROM: SUBJECT: DATE: Chris Vrchota, Associate Planner Public Hearing: City Code Amendment to amend City Code 12 -7 to require a permit for the construction of a fence or retaining wall. November 22, 2005 INTRODUCTION The Planning Commission is asked to review a proposal to make two amendments to section 12- 7 of the City Code, which deals with fences. The first amendment would make it necessary to obtain a permit before the installation of any fence or retaining wall in the City, and has been requested by the City Council. The purpose of this amendment is to give staff a chance to review the proposed location of a fence or retaining wall before it is installed, to prevent them from being installed in drainage and utility easements where they interfere with access to drainage ponds, sewer lines, and other utilities. This has become somewhat of a problem in the City. For example, over the summer a resident had to remove a retaining wall that they'd just had installed because it was located in a drainage easement, and it would have caused significant problems with the drainage of their development. Preventing these types of problems is preferable to trying to address them after the fence or wall is built. DISCUSSION The first change is as follows: 12 -7 -1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. €enee. A permit is required for the construction of any fence or wall in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in chapter 1 -7 -3 of this code before any permit is issued. The permit application will be available at City Hall and on the City's website. The Engineering Department will be in charge of reviewing the permit applications, with other departments giving feedback and assistance when necessary. The City Council has agreed on a $25 permit application fee. Because the fence section is already being reviewed for amendment, staff is presenting a second change for consideration at this time. This change is to section 12- 7 -4 -B, which deals with fence maintenance: I Ot t B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural • elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty -five percent (25 %) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. This change is being proposed to clarify that all sides of the fence must be treated and maintained equally. This would serve to avoid situations where a property owner might stain, paint, or replace boards on their side of the fence, while neglecting the side that faces other properties. Language would be added to the fence handout to remind people that they need to get their neighbors permission to go on to their property to maintain the fence if it is placed on the property line. Attachments Proposed Ordinance ACTION REQUESTED The Planning Commission is asked to hold a public hearing and make a recommendation on the proposed changes to the City Code. Respect ly�d' • Chris Vrchota 0 r 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12 -7 FENCES AND WALLS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 12 -7 -1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of.this chapter. fenee. A permit is required for the construction of any fence or wall in the City of _Andover. A permit application shall be submitted for review by the Enaineerina Department and an application fee shall be paid as outlined in chapter 1 -7 -3 of this code prior to the issuance of any permit. 12 -74: PERFORMANCE STANDARDS: B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty-five percent (25 %) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same Quality of workmanship. Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 9 Adopted by the City Council of the City of Andover this _ day of , 2005. Attest: CITY OF ANDOVER Michael R. Gamache — Mayor Victoria Volk — City Clerk