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Home My WebLink AboutCC July 18, 1995 CITY of ANDOVER Regular City Council Meeting - July 18, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes -Discussion items 1. Public Hearing~5-l0;Hawk Ridge & Countryview Estates/Streets 2. Rezoning/Lot 16, Block 5, Hills of Bunker Lake 3rd 3. Special Use Permit/Liquor License/L. 16, Bl. 5, Hills 3rd 4. Special Use Permit/Gunshop/1714 Bunker Lake Boulevard 5. Lot Split/16241 Makah Street NW 6. Variance/3940 S. Enchanted Drive 7. Variance/996-l40th Lane NW 8. Amend Ordinance 8, Section 3.02 9. Amend Ordinance 53/Dog Enclosures 10. "No Parking" Issue/139th & Eidelweiss , BRA Meeting 11. Approve 1995-1996 CDBG Agreement / Staff, Committees, Commissions 12. Met Council Report 13. Schedule Budget workshop Non-Discussion/Consent Items 14. Animal Control Contract 15. Kennel License Renewals 16. Assessment Abatement/Lot 1, Block 2, Pheasant Meadows 17. Approve Ordinance 107 Summary/Flood Plain Ordinance 18. Adopt Assessment Roll/Emerald Glen/93-11 19. Order Feasibility Report/95-12/Well #6 20. Order Plans & Specs/95-4/sealcoating 21. Approve Payment/93-7/Houwman Design 22. Consider Offer/95-6/ACCAP 23. Final payment/94-1/City Hall Park Complex #1 Lighting 24. Approve Ordinance 109 Summary/Snowmobile & ATV Ordinance 25. Approve Revised preliminary Plat/Woodland Meadows 2nd 26. Approve Revised Final Plat/Woodland Meadows 2nd 27. Order Plans & Specs/93-7/City Hall Park Complex #2/Fencing 28. Release Cash Escrow/Woodland Creek 5th/95-1 29. Release Cash Escrow/Woodland Creek/87-27 30. Release Cash Escrow/Woodland Creek 3rd/92-20 Mayor/Council Input Payment of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 / AGENDA SECTION ORIGINATING DEPARTMENT APPROVED fIO Approval of Minutes FOR AGENDA ITEM City Clerk fIO ~ Approval of Minutes Volk ~.~ . V. The City Council is requested to approve the following minutes: July 5, 1995 Regular Meeting (Knight absent) July 5, 1995 EDA Meeting (Knight absent) , ) ) MOTION BY: SECOND BY: / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 18. 1995 AGENDA r-.o. SECTION ORIGINATING DEPARTMENT Discussion Item Todd J. Haas, Engineerin~( APPROVED FOR AGENDA ITEM r-.o. Public Hearing/95-10/Hawk Ridge & Countryview Estates/Streets VY !. The City Council has scheduled a public hearing for 7:00 P.M. for Project 95-10, for the Hawk Ridge/Countryview Estates area. Attached are the following: , ) * Resolution ordering improvement * Letter to property owners * Public Hearing Notice * List of property owners * Copy of original petition and map received by City Note: The feasibility report was in the July 5, 1995 packet. Please bring this to the meeting. The original petitioned area had the following information: Hawk Ridge Proposed total number of lots - 39 Number in favor of improvements - 22 Number against - 5 Number unavailable - 12 Countryview Estates Proposed total number of lots - 25 Number in favor of improvements - 15 Number against - 1 Number unavailable - 9 PIN 04-32-24-31-0002 (located south of 177th Avenue NW at Gladiola Street NW) is proposed to receive 2 assessable units as the parcel could be split. , ; / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS , PROJECT NO. 95-10 IN THE HAWK RIDGE/COUNTRYVIEW ESTATES AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No, 109-95 of the City Council adopted on the 5th day of July , 19~, fixed a date for a public hearIng; and WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 18th day of July WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 95-10 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. BE IT STILL FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction. MOTION seconded by Councilmember the City Council at a regular meeting this 18th and adopted by day of July , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor V.ictoria Volk - City Clerk CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 " July 3, 1995 Re: proposed 1995 Street Construction/Hawk Ridge and Countryview Estates and Adjacent properties/project 95-10 Dear Residents: A feasibility report has been prepared to determine the estimated cost to pave the streets in the above mentioned area. Discussion: The City of Andover has received a petition from your neighborhood to consider reconstructing the streets within your area. The reconstruction would consist of paving a 24 foot wide asphalt surface 2,5" thick on 4" of gravel base. The streets in the area presently exist as 22-26 foot wide rural section roadways consisting of fine sand and gravel. A public hearing has been set for 7:00 P,M., July 18, 1995, with the Andover City Council. Estimated Cost: The estimated assessment to each lot is $4,549.00. This cost could be assessed over a 10 year period at about 7.0% interest or the assessment can be paid in full within 30 days with no interest. Assessment Period/Cost: The annual assessment payment over 10 years at 7.0% interest would be approximately is $52,50 per month or $630.00 per year. If you have any questions, feel free to contact me or Mr. Todd Haas at 755-5100. Sincerely, rx:Jd/ ~ Scott Erickson, P.E. City Engineer SE:pjg Encl. \ , ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO, 95-10 HAWK RIDGE & COUNTRYVIEW ESTATES AREAS NOTICE is hereby given that the City of Andover, Anoka county, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N,W. in the City of Andover, on Tuesday, July 18, 1995 at 7:00 P.M. to consider the making of the following improvements: Street Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, for the improvement is within the following described area: / All that area of Hawk Ridge and Countryview Estates located in Section 04-32-24, Anoka County, Minnesota. The estimated cost of such improvement is $ 291,144.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER tLt-~ /~ Victoria volk - City Clerk Publication Dates: July 7, 1995 and July 14, 1995 04-32-24-24-0007 Lloyd & Carolyn Jarson 2925 - l77th Ave NW Andovet MN 55304 . '-32-24-24-0011 _ .niel & Carina Patten 17790 Gladiola St NW Andover MN 55304 04-32-24-24-0008 Gail & Bruce Bloxham 17793 Gladiola st NW Andover MN 55304 04-32-24-24-0001 Thomas & Pamela Buchta 1512 W. Main st Chanute, KS 66720 04-32-24-21-0006 Rickey & Deborah Lund 17918 Eidelweiss st NW Andover MN 55304 04-32-24-21-0003 'jd & Carmen Rossi ~0042 Eidelweiss St NW Andover MN 55304 04-32-24-21-0009 Timothy F. Patten 17953 Eidelweiss St NW Andover MN 55304 04-32-24-22-0008 Dean & Jean Firl 3015 - l79th Ave NW Andover MN 55304 04-32-24-24-0006 ~loyd & Carolyn Jarson 2879 - 177th Ave NW Andover MN 55304 04-32-24-24-0010 Edward H. Rauch 17850 Gladiola St NW Andover MN 55304 ,- 04-32-24-24-0005 Charles & Susan Hallerman 17794 Eidelweiss St NW Andover MN 55304 04-32-24-24-0002 Michael & Cindy Carpenter 17783 Eidelweiss St NW Andover MN 55304 04-32-24-21-0005 David & Kristine Heagerty 17958 Eidelweiss st NW Andover MN 55304 04-32-24-21-0007 Jon & Janet Hoffer 18041 Eidelweiss st NW Andover MN 55304 04-32-24-21-0010 Michael & Kathleen Boyer 17913 Eidelweiss st NW Andover MN 55304 04-32-24-23-0006 Dean & Jean Firl 3015 l79th Ave NW Andover MN 55304 ~ ~~ t...,.-~,-,-I; (' <""t l V C: ,..-' F.~ t.--t ~ s. 04-32-24-24-0012 Wayne Moe Jr. 17750 Gladiola St NW Andover MN 55304 04-32-24-24-0009 Dana & Joan Pettis 17845 Gladiola st NW Andover MN 55304 04-32-24-24-0004 Vinh & Pho Lan Ngo 17846 Eidelweiss st NW Andover MN 55304 04-32-24-24-0003 Michael & T. Grundstrom 17729 Eidelweiss St NW Andover MN 55304 04-32-24-21-0004 Michael & Becky White 18000 Eidelweiss st NW Andover MN 55304 04-32-24-21-0008 Harry & Avis Meek 17997 Eidelweiss st NW Andover MN 55304 04-32-24-21-0002 Richard Becker 2965 - 179th Ave NW Andover MN 55304 04-32-24-31-0002 Donald & Maude Watson 17611 Rd Lk Blvd Andover MN 55304 4-32-24-12-0001 hawn~Karen Reilly 803~Crocus st NW ndover MN 55304 4- '24-12-0004 . I ax l'ICCOY 8031 Crocus st NW ndover MN 55304 14-32-24-12-0009 lennis & Sandra Wichman .8030 Arrowhead st NW .ndover MN 55304 )4-32-24-12-0010 1ichael & CD Gange1hoff 2448 - 181st Ave. NW :edar, MN 55011 04-32-24-11-0002 Lawrence & C. LaClare 2521 - 179th Ave NW Andover MN 55304 04-~?-24-13-0001 Dal & Vickie Benik 2740 - 179th Ave NW Andover MN 55304 04-32 24 13 0004 Jennifer D. Oss-Sherman 2600 - 179th Ave NW Andover MN 55304 04-32-24-14-0003 Robert & Cheryl Severson 2420 - 179th Ave NW Andover MN 55304 04-32-24-13-0006 Merlin Jr & L. Kruchten 2601 - 177th Ave NW Andover MN 55304 04-32-24-14-0004 Robert & Barbara Demsky 2421 - 177th Ln NW A",ver MN 55304 I 04-32-24-14-0009 Roger & Donna Gebel 2520 - 177th Ln NW Andover MN 55304 04-32-24-12-0002 Jeffrey & Leanne Dunblazi 18000 Crocus st NW Andover MN 55304 04-32-24-12-0005 Jerilyn Lemke 18001 Crocus st NW Andover MN 55304 .' 04-32-24-12-0008 Marshall & P.A. Pearson 18000 Arrowhead st NW Andover MN 55304 04-32-24-12-0011 Lloyd & Alice Te1le 18001 Arrowhead st NW Andover MN 55304 04-32-24-11-0003 Richard & Sondra Johnson 2451 - 179th Ave NW Andover MN 55304 04-32-24-13-0002 Terry & Lori schwanbeck 2700 - 179th Ave NW Andover MN 55304 04-32-24-14-0001 Steven Cournoyer 2520 - 179th Ave NW Andover MN 55304 04-32-24-13-0005 Dennis & Jean Christenson 17800 Zion st NW Andover MN 55304 04-32-24-14-0006 Donald & Lori Gilbert 17773 zion st NW Andover MN 55304 04-32-24-14-0011 Robert & Cheryl Severson 2420 - l77th Ln NW Andover MN 55304 04-32-24-14-0008 Mark & Becky Neuschwander 2550 - 177th Ln NW Andover MN 55304 04-32-Z4-J..<:-UUU" Khammone Souknhindy 2743 - 179th Ave NW Andover MN 55304 04-32-24-12-0006 Gary & Joanne Whipple 2701 - 179th Ave NW Andover MN 55304 04-32-24-12-0012 Allen & Randi Norstrom 17930 Arrowhead st NW Andover MN 55304 04-32-24-12-0012 Mathew & Sheri Robertson 17931 Arrowhead st NW Andover MN 55304 04-32-24-13-0003 Dorothy VanHouten 2640 - 179th Ave NW Andover MN 55304 04-32-24-11-0004 Dennis & J. Niemann 2421 - 179th Ave NW Andover MN 55304 04-32-24-14-0002 Eugene P. Kroll 2450 - 179th Ave NW Andover MN 55304 04-32-24-14-0007 Jerome & M Bristol 17801 Zion st NW Andover MN 55304 04-32-24-14-0005 Mark & Margie Hanson 2451 - 177th Ln NW Andover MN 55304 04-32-24-14-0010 Thomas & Sheri Belisle 2450 - 177th Ln NW Andover MN 55304 04-32-24-13-0013 Gordon & Twila Setter 2620 - l77th Ln NW Andover MN 55304 04-32-24-13-0012 Lori M. fchlosser 2660 - 177th Ln NW Andover MN 55304 (\ 12-24-13-0009 B."d L. Plant 2711 - 177th Ln NW Andover MN 55304 I l Cl\llG \ \C'- L' ~. \ \ C\Cj (__ 04-32-24-13-0011 Brian & Lori Scherff 2710 - 177th Ln NW Andover MN 55304 04-32-24-13-0010 Thomas & Linda Ryan 2730 - 177th Ln NW Andvover MN 55304 04-32-24-13-0008 Brian & Toni Dahl 2661 - 177th Ln NW Andover MN 55304 04-32-24-13-0007 Ralph & Edith Krause 2631 - 177th Ln NW Andover MN 55304 .' ;0" \. .L:"\' CITY of ANDOVER " ''':''.- Date: t:. -z -qS- .' No. <:JS--tD Gentlemen: We, the undersigned, owners of real property in the following described area: 4.) I~(? do hereby petition tha~aiCkportion of said area be improved by Construction of City ~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. I v ADDRESS LEGAL DESCRIPTION YES NO ~ X- . <.:....r I .; }c ') This petition was circulated by: (.1' ":~,",,;.~_r . Address: (-,~, ! 776 L 2idr / S/t/ /j !. L~v~\ ,..- .::> 1 ;(}.'\ \,r\. CITY of ANDOVER Date: .{~. 2 - 71 No. 'is"-lb Gentlemen: We, the undersigned, owners of real property in the following described area: ;. ./1--/7/ ' ,/- / ," ,. '" U' _, .'7/;1.... ....-r- /1 . (~,[-:- -l.~~(' f-- '~"_' do hereby petition that said~?rtion of said area be improved by Construction of City ~V~v'~~? c>~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ADDRESS YES NO ,v / Ii 'WU./.":;, 7'1'" )U) /,'j'J.YJ A74JJ)p:r.:J -5-r ;)i~) / %OYJ 8:uCl,(5 .:::-. /.J;J /....7 .~ L -' This petition was circulated by: L. Address: C') (lEe- ( ? (C,"rJ :/ , ,-',-<>,.~...-- i .... D IJ /. '/ /I I~..A J~. /' ., _, /'1-. ._' /' . . Ji. /~ d~j::/ (r .)1:) IV .- " ; (]) . \1'\. CITY of ANDOVER ,.;,- . ~ " Date: 6 -Z-"lS- .' No. 'lS--} 0 Gentlemen: We, the undersigned, owners of real property in the following described area: .~!a:JriJ0P '-' do hereby petition that said portion of said area be improved by Construction of City ~l;~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO .~ i\.,- .1)" '/- ,1;7 ,/ ) I 0-0..1- 71/, (t/)j, \.w:tc.' /':' 'J'- ,",...... ,I i... 'l,~ p_--L ..- ;-"""'Y I ,I , ;:"'(."&;1 \ '- /70! ZtOYlS-f. ;Vl(,.J >< Vi i 7! 7' !-, ),\ ,5-c-/ 179 rI-11lh-c 71 cJ ('..1 ~. "< .) 70/ LN /V~ J' /)'-- This petition was circulated by: Address: (-.', OJ,-,! :::"6....) 57 /vi~J /1. '-!(,/,.,:~'V.' / ,II ,. ~. ~/ ,\~ ? KI../j/j~:-/ '-"".. j~""" ,I . . ~ . CITY of ANDOVER \ .' -' 6. 2 ~ "1;- '1>, ,'0 '........ Date: No. Gentlemen: We, the undersigned, owners of real property in the following described area: ~urrhyviev ~S-rCl.+~s. do hereby petition that said portion of said area be improved by Construction of City STY~~~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER v./~r~~ " .' ".-/ j(~~>n.' /779'1' /=-,J,,!,...'C',>s 5r ;/1];.,& -r~v: ...... 'C.l.'V....... I','l;:{ q E"} Da..LJE: i.;s sr. I/;/!t~ .. ,<diLl /f;e~/\tLm !1'7Q!J .kJu~ & N~Ll , Vq; c/ /tL,~ ~ t t . . . I / ' ~.. v? v ADDRESS LEGAL DESCRIPTION YES NO /7 1 f.r E,-k!..- <<.;~) 5 t-. x ).ol-J C:'(.'.UI' ~l' T 3 ,3lcLt.. 3 5-r I? 0 This petition was circulated by: Address: ( " 1'. ~ ~, ...J.....".. CITY of ANIpQVER Date: (4 - 2 -q-;' '7,-It) " No. Gentlemen: We, the undersigned, owners of re~] property In the following described area: C O\.A..Y\+cy V letU ~.:7T4- -f-e <;. do hereby petition that said portion of said area be improved by Construction of City -S'TY~.7S and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE Oi~ OWNER ADDRESS LEGAL DESCRIPTION YES NO -V I IV (7 C I)J<d .- ,. .- (-' ,-, V' -~ -j Jj/./i... l~ -" U..lv C1 J -J. .J I tll^IJ , ',.I ' , I y( / l" ,\, i 7 :; <'...( , E:..,)C i , ';1 , ~~~~\.CL\ " ) ,~ ~ "~") ~ ;, \ &1 ~~ /77CJc) C:/<rc/".Ia S r. ,A! [,../, v' --.- i I . i , y ThlS pe~ition was circulated by: .:\[ici rf.:!.s s: ~- .... .... <II .... <II .... .... <II .... .... .... <II .... .... <II <II .... 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X "... ~ n J7/~ ~ ... !: . 1 % \ \ 17073 1101'S .. ~7'Y IJ 17010 l... y"" Z'.3 2." \"1[30 .-,,"7 1..1\ ''''OJ \ I :n.....-.::=: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION f\O. . D1Scusslon Item ORIGINATING DEPARTMENT Planning ~ David L. Carlberg Planning Director APPROVED FOR AGENDA ITEM f\O Rezoning - NB to GB 14xx Bunker Lake Blvd NW Lot 16, Bl. 5, Hills Bunker ~~ c:<.. The Andover City Council is asked to review the request of Dan Friedrichs and Tracey Jewett to rezone from NB, Neighborhood Business to GB, General Business the property legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. BACKGROUND The Planning and zoning Commission, at their June 27, 1995 meeting, recommended denial of the rezoning request. Consult the attached minutes for the reasons for their recommendation of denial. I The rezoning request is being requested in conjunction with the Special Use Permit for a liquor license. I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8 is hereby amended as follows: The District Zoning Map of the City of Andover shall be amended as shown on the attached map, showing the following rezoning: The property described as follows is rezoned from NB, Neighborhood Business to GB, General Business: Lotl5, Block 6, Hills of Bunker Lake Third Addition. Adopted by the City Council of the City of Andover this of , 1995. day J City of Andover ATTEST: J. E. McKelvey, Mayor V~ctoria Volk, City Clerk I . ",,!!'''N(,;ALE .,[s.rArc~ .~ ~. 'u ---" 1,,_,_.. -~ uc~_l{at~:;:UI Ill: :"'rilifALET ~ ~. . / R - I A':"-/ '/ "~ :--1 _, ;" ';::." I , /;7 L--= i~,:.k: ,~~TY ~;/ ~'=---,~--'~ I -. ALL;' (1'~;~;;'" "" \~.,.. ;'--- ' : ~,.s" .:,.-;." . p ,_' i""", !}., ?k~ p .." 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I' 1 -:- BUNKER' ~_. ~~~ ~ ;;.:::.,~... ~A".DCN litA-eRe.s' . I : I' '11 \ ; L " ",'^"''''''''' .., .... .,'_' ' 1 ,\;" ,--" AKE ' I . 1f~i'; : w'::,'J':;;' ,.' _:..... q Yi~~ -_-1 i I ",-~, \'" ~~:,,7J:b ...,:""'" ", _.. ;.. ~"f1E", .. 'I - __---1 I ,'\.~. ,,~' .~ =.. . .. -- ,~if! ''''- ,,~ -, .., ,---- -: --' " ~ '. ., -"..' , ,,::-, "'{Ii'il!'i:-:- ....:..,,' I ' I r - ' .'._ ..:..' ,A.... '. . : ,~~~:: :' ,i-r-'i ~..' ' I . II . I :"J ~~,... .. _. --0, ......~". · " , cO", RA'!DS.;;;:~:;: "Q::"-~: 'J./;!;!!" I : ill i", >>if Pa;~; , l~.~,. · ~ . ~- L ~ E.' -'" ~ I / '- - - CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JUNE 27, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 27, 1995, 7:02 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Catherine Doucette, Bev Jovanovich,~Jerry Putnam Maynard Apel, Jeffrey Luedtke, Randy Peek City Planning Director, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES June 13, 1995: Page 6: Correct title of PUBLIC HEARING: LOT SPLIT/VARIANCE - 14278 UNDERCLIFT STREET Page 7, Variance for lot width, second sentence, change 260 feet to 246 feet. '. I . f'fOTION by Jovanovich, Seconded by Putnam, to approve the Minutes as corrected. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. PUBLIC HEARINGS: REZONING - NB, NEIGHBORHOOD BUSINESS TO GB, GENERAL BUSINESS - 14XX BUNKER LAKE BOULEVARD Nfi - DAN FRIEDRICHS/TRACEY JEWETT and SPECIAL USE PERMIT - LIQUOR LICENSE 7:03 p,m. Mr. Carlberg reviewed the request to rezone property from NB to GB located at 14xx Bunker Lake Boulevard NW, Lot 16, Block 5, Hills of Bunker Lake Third Addition. If approved, the applicants are also asking for a Special Use Permit for a liquor license. He noted the applicable ordinances for the rezoning and criteria to be examined. Colleen Friedrichs. 13829 Palm Street NW - read a letter providing background about herself and her family, some positive aspects of the liquor business, and their willingness to work with the community to provide a safe, convenient place for the neighbors to shop as well as build a positive relationship. MOTION by Putnam, Seconded by Jovanovich, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 7:13 p.m, ,Mark Woitowicz. 1426 137th Lane NW - noted the petition before the Commission of a number of area residents opposing the rezoning and liquor license permit. They disagree with the rezoning on the grounds that the Comprehensive Plan already indicates the type of business that needs to go in this location, It is designed to create a buffer zone Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 '?age 2 I ( (Public Hearings: Rezoning - NB to GB and Special Use Permit for Liquor License at 14xx Bunker Lake Boulevard, Continued) between the residents and the general commercial and industrial area just to the west of Hanson Boulevard. The request is to remove that buffer for a different set of clientele and hours of operation. He noted the other liquor establishments in the vicinity and pointed out there is ample commercial property for this use west of Hanson Boulevard. They are concerned with the increase in crime and criminal activities in their neighborhoods. He pulled the records of the Sheriff's Departments and found liquor stores experience the same variety of crimes regardless of their location. He didn't think it mattered that it is across from a police station. The long-term vision of the Comprehensive Plan was done to prevent that from happening. The intersection of Hanson and Bunker Lake Boulevards is already a circus. It is very poorly controlled, with a complete lack of regulation on the part of the law enforcement and the drivers themselves. Adding to that is not something that would be beneficial to an already bad situation. When they purchased their homes, it was their understanding t~e site is zoned NB, not commercial. He thought if people were told a liquor store would be going in there, many would not have purchased there. They would welcome a convenience and service use, but not a liquor store. Stan Deden, 1460 138th Avenue NW - abuts the SuperArnerica "mud hole" and ( the new lot. He was concerned with the proposal meeting the criteria on the aesthetics. He didn't believe the lot is big enough to accommodate the kind of parking that will be required for that establishment. The majority of the lot is a drainage easement and pond. The back of the lot drops off sharply into the pond, and many trees would have to be cut down to provide adequate parking. He thought this use would reduce the property values and would interfere with the aesthetics of their area. Rod Russell, 1236 140th Lane - stated his children go to day care at Mr. Wojtowicz's, and he would not like to see a liquor store in that location. They bought their house with the understanding there will be residential businesses at that location. Taxes keep going up, but they don't want their property values to go down. There is a major traffic problem in that area. He preferred it to remain NB. Tim Douohertv, 1346 138th Avenue - would live close enough to the proposed liquor store that it makes him uneasy. He bought in this development because there are many children, plus he has two. He is dead against a liquor store that close to families and children. There are several other places where this could be placed. Dick LaFond, 1415 137th Lane NW - was one of the first to move in the subdivision in 1987. He understood this to be NB. He has witnessed three serious accidents along Bunker Lake Boulevard and is concerned 'about the safety issue with the type of traffic generated with a liquor /store. He's also concerned about the land values and feels living that l close will not be positive for their property values, He hoped the request is denied, Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 'lge 3 I (Public Hearings: Rezoning - NB to GB and Special Use Permit for Liquor License at 14xx Bunker Lake Boulevard, Continued) Lvnette Scott, 1424 138th Avenue NW - has young children'. with her property abutting the pond. She feels very uncomfortable with a liquor store and the pond being taken away from them. She can live with the SuperArnerica station, even though the traffic has increased tremendously. They moved out there for privacy, and she wouldn't appreciate a liquor store in that area at all. She doesn't feel safe even walking with her children to the SuperArnerica now because of the traffic. She'd be even more uncomfortable with a liquor store there. Tracev Jewett rebutted the concerns listed on the petition, highlighting the main points of the June 27, 1995, letter to the City of Andover regarding the issues that the community is already being served by three liquor stores, the amount of business property available, concerns with increase in crime due to a liquor store, and future planning for the City with regard to businesses. Also, a reputable realtor in the area has stated that the proposed project will in no way decrease the property values of the houses in this area. ( Mr, Wo;towicz pulled the police reports from the county and 'urrounding cities and found significantly different numbers than what As. Jewett proposed as well as slightly different types of activities and calls. He questioned if even one call is acceptable and asked how much TIF money is justified for indecent exposure, fire, burg1ary, etc. The small numbers for G-Will Liquors is specific to them. Pov's has had more police calls in the six months they have been open than any other liquor stores in the area. It is not a question of whether a liquor store will be successful; it is a good money maker, He felt the area is being serviced by the existing liquor stores, that 3 1/2 miles is not a significant distance to go to buy liquor. Professional offices and other uses are more acceptable to the people he spoke with. It is the liquor store with its traffic and hours of operation that is the problem and the fact that it does not fit in the Comprehensive Plan. The Comprehensive Plan indicates what is needed in that area, and it was intended that a liquor store does not belong there. Ms, Jewett - explained such a large, lucrative business is needed at that location to be able to provide the other conveniences they plan to offer. Mr. Russell - was glad they did their marketing and understood that anyone in that area will be there to make money. But that type of business doesn't need to be there; there are other places for this liquor store that wouldn't be so close to a residential neighborhood. ~r, LaFond - stated if there was a hold up at the liquor stor~and shots were fired, it could easily go through his house and injure someone in his family. There isn't a reasonable buffer between this property and his to have a liquor store and any kind of violence in that area. Regular Andover Planning and zoning Commission Meeeting Minutes - June 27, 1995 :age 4 / ( (Public Hearings: Rezoning - NB to GB and Special Use Permit for Liquor License at 14xx Bunker Lake Boulevard, Continued) Dan Penn, 1430 137th Lane NW - stated in order for any shots fired from the liquor store to get to Mr. LaFond's house, they would have to go through his house. He is very concerned, as he has two small children. He didn't believe this is the area for a liquor store, that there are other sites available for it. Dan Friedrichs - also built their home in this Addition. He didn't have the statistics for the traffic and crime at liquor stores, ~or did he have an answer for the concerns of gun shots being fired; however, it is more probable to happen at the SuperAmerica station which is open 24 hours than at a liquor store. Mr. LaFond - countered that SuperAmerica sits on the corner with a buffer lot between them. If there is a hold up there, it is very remote that the shot would corne through his lot. The proposed site, however, is immediately next to his, and any violence will affect their neighborhood, their back yards and their families. MOTION by Doucette, Seconded by Putnam, to close the public hearing for jboth items. 7: 35 p.m. ( Mr. Carlberg read the ordinance as to what is allowed and permitted by special use in a Neighborhood Business zone and a General Business zone. If rezoned, any of those uses would be allowed on the lot, though the proposal now is for a liquor store. The NB zone was done as a part of the platting process for the Hills of Bunker Lake 3rd Addition. He also pointed out those areas zoned GB within Andover. The NB zone has been used as a buffer area between residential areas and major arterials. So has the Shopping Center zone. Generally no one likes to see residential and industrial abutting, so they try to buffer that with lighter uses. This area is not large enough for a Shopping Center classifica~ion. The rezoning of this parcel to GB would not be spot zoning because of the other GB areas in the vicinity. Commissioner Jovanovich felt this should remain zoned NB to go along with the Comprehensive Plan. These residents built their homes knowing that, and that is what they expect it to be. It should not be changed since there are other areas that are available. Commissioner Doucette felt this would be a good business venture for the applicants, but agreed that it belongs in another area. She favored staying with the Comprehensive Plan and leaving the zone as NB. Commissioner Putnam also agreed. He did not think it makes sense to change what everyone in the neighborhood has relied upon, especially since there is adjacent GB property that is buffered from the residents by the arterial of Hanson ,Boulevard and the NB district. He is not against the use of a liqu04 /store, just against putting it in this location. Chairperson Squires l felt the reason for the zoning difference is obvious in what is allowed in each zone. It appears the NB type of uses were meant to serve as a buffer to butt up against the residential developments. They are much more comprehensive with the residential developments for hours and Regular Andover Planning and zoning Commission Meeeting Minutes - June 27, 1995 "]e 5 , (Public Hearings: Rezoning - NB to GB and Special Use Permit for Liquor License at 14xx Bunker Lake Boulevard, Continued) traffic. As proposed with the liquor store, and even with the other allowable and permitted uses in the zone, it was his opinion that the GB should not butt up to a neighborhood area. He agreed with some of the conunents that the proposal is not consistent with the Comprehensive Plan, traffic concerns, effects on values and scenic views, and that there are other areas appropriate for a business like this. MOTION by Doucette, Seconded by Jovanovich, to deny the request of rezoning Lot 15, Block 6, Hills of Bunker Lake 3rd Addition from the Neighborhood Business to General Business due to the fact that it would conflict with the Comprehensive Plan. There was significant resident concerns, basically in the area of traffic, property values, aesthetics, and crime. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. ( MOTION by Putnam, Seconded by Jovanovich, that we recommend to the City Council denial of the request for the Special Use Permit for a liquor license which was applied for by Dan Friedrichs and Tracey Jewett for Lot 16, Block 5, Hills of Bunker Lake 3rd Addition based on the fact that the application for rezoning was not reconunended for approval by 'le Conuniss ion. This was contingent upon that approval, that the Permit "..at be granted for the same reasons. Motion carried on a 4-Yes, 3- Absent (Apel, Luedtke, Peek) vote. These items will be on the July 18, 1995, City Council agenda. 7:51 p.m. ERVICES {GUN DISTRICT - 1714 BUNKER LAKE BOULEVARD NW - 7:51 p.m. arlberg reviewed the Special Use Permit application by Andover Firearms d Shooting Supplies to operate a gun shop at 1714 Bunker Lake Boulevar NW. A Permit was granted for this operation on " March 19, 1991, at this ocation. On August 17, 1993, another Permit was granted to move the bus ess to 1860 Bunker Lake Boulevard NW. They are now requesting to move ba to 1714 Bunker Lake Boulevard pending the upcoming acquisition of the p erty by the City and the demolition of the buildings at 1860 Bunker Lake oulevard. He noted the applicable ordinances and criteria to be examine when considering the request. Staff is reconunending approval. The 0 incident he is aware of regarding the gun shop is a discharge of gun two or three years ago in a burglary situation. He did not have statist~ on gun shops in other conununities. Staff has received no complaints. Chairperson Squires recalled a condition to the Augus "Tse Permit that the gun shop was to enlist the efforts of ~Sheriff's Jepartment to inspect the property to be sure there are -,~dequate securi ty measures. Mr. Carlberg stated that can be added tOo this Resolution. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 27, 1995 AGENDA LTEM 3. PUb11c Hearing - Rezoning - NB to GB l4xx Bunker Lake Blvd DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg Planning Director BY: BY~ REQUEST The Andover Planning and Zoning Commission is asked to review the request of Dan Friedrichs and Tracey Jewett to rezone property from NB, Neighborhood Business to GB, General Business. The property is located at l4xx Bunker Lake Boulevard NW and is legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. This item is being requested in conjunction with the Special Use Permit request for a liquor license. APPLICABLE ORDINANCES , , Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B), establishes the criteria for granting a Special Use Permit. These same criteria shall also be considered in the determination of granting a rezoning request. The criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. If the Commission chooses to deny the rezoning request, it is imperative that the Commission indicate findings of fact in this and all rezoning cases. Continued Page Two Rezoning - 14xx Bunker Lake Boulevard NW ~riedrichs & Jewett June 27, 1995 BACKGROUND As indicated earlier, this item is being requested in conjunction with the next item on the agenda, a Special Use Permit for a liquor license. The Neighborhood Business District zoning classification does not allow a liquor license to be issued as either a permitted or a special use. Therefore, the applicants are requesting a rezoning to a zoning district classification that allows the issuance of a liquor license. The GB, General Business District allows a liquor license to be issued by Special Use Permit. COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the rezoning requested by Dan Friedrichs and Tracey Jewett to rezone from NB, Neighborhood Business to GB, General Business the property legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. The Planning Commission finds that the proposal meets the criteria established in Ordinance No.8 Section 5.03(B). B. The Andover Planning and Zoning Commission may recommend denial of the rezoning requested by Dan Friedrichs and Tracey Jewett to rezone from NB, Neighborhood Business to GB, General Business the property legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. The Planning Commission finds that the proposal does not meet the criteria established in Ordinance No.8 Section 5.03(B). C. The Andover Planning and zoning Commission may table the item. is .... , ~ t ~ i [ft' ~_ ~t ~O ~, ..... ~ ~ ~ IU".'_"'_ E_, :::5 I: 0" (...) i I I: l.~t~ ~..r" ,~ C3 ~ ': , '" ,. d !! ~ 'j j~ it :: II ;: ~ --. .- , , I I :,,~f; 1_- \ \ j N W Cor_ 01 5... 1/4. N:W: 1/04, s.c. 3\, \ \ :\ ~ \ ~ ~ 8 ~ .. ~ ~~ 0 -- .. ~ . 0 ~i ; ~ ~-: i I: ,j: lIJ :l ~ "1 Cl ~! co :~ ~ . , \, " !@ ~ . " \ ~ ~ a. I ~ ~ f I '..... j ":1 ":: ~ I ' ' . ' l~ k I ~; I i I ~1: , I 1,< Cor..... 01 w.., 1/2 01 I ~.:. 114 01 N.W. ';"5 0110 . .-'.i 1'4 COI'RZ: o:C. . "-:~;-~I . ~~ - --::';'<~'- . '''::;:~, """:;::"~" , '::;. -;:-),. ~ I I I ::c:; -', ....::. '-. '-, ", ". ::: If:,' ". ". 4 .- ;'/ " 6' ,.. " ..,...~<~... '\.~;..J'",. ~~-c.. a ~ 5' '.. I I I I I I I I sr.;;'-,',': .:- '-. n ", '" '.. ",': ,~ '.' ~!: , ~ 0; I:: . .. 8': ~ ai~ ;:z " ..- ~ .. .~ C) 18 ~= o. '" , Jui , I~ ~.. , ;. ... _r .- ~~ . . ~~ (',: ". :.:: ..' , , C...: ---- ....: ,'.-:::;.':-,'-,' ( t" , , , . \... / 5/6 .. ~ " ~ .. '" '" ", '.. " ..' I.,.: I I L ::c - ~ i BUNKER LAKE B[ VD.., ----'-----N 89':J9'~ 7"" ~/9,B8 ' , - - '-SOUII'lLi_OIS...~.~s.~ + __ --- '".,.., "I\'~ -.l ----. SE COI'''-' 01 S:.: 1J4. N.W. II" s.c. 3~. '" --~ ". , " ',. "~"'. ~t?P ,r.i;},"::;,r.~ ~-- ~J= ,:":;;;,"v';.:.' r- I I I I I I 35 DR.A'I'IA(,t: ANI> tA T'"'Ty EI'I~EI' ,4i'PZovFP ;;y t:.,~. 3-/S- .,. !}\ ..~~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address REZONING REQUEST FORM 14"1. ~ 'Bu.~v p,....... ~ ~l\Jc\ }"'lLA") Legal Description of Property: (Fill in whichever is appropriate): Lo t -.lIP Block 5 Addi tion r~l PIN ...:.... .., ,I'> " , I .., "t "'.'11 .... ;\ I' . " J. ' "':.J . '" /' - : II .U !1 '..1..1 vi III. '}1- U j I J (If metes and bounds, attach the complete legal description). Is the property: Abstract X or Torrens ? (This information must be provide~ can be obtained from the County) . ----------------------------------------------------------------- Reason for Request 'r(), I/J,)Jid \\K( (C ';[(1\:( (It fJ"~~'~U;r' !1[,tY; r.\',I{'(~'; I "'1, 1". 4f:)Wfh 1(1 1'r{; ArdOV(( (nr0.rrl,'i111Y. Current zoning nnWr.cn.1 U;0) Requested Zoning (~'r(1r(d(ilj, fumUdl --------------------------------------------------------------~-- (tI0) , Name of Appli cant -- ~~{ j'(iJit 1CIr, , Address t I ~i,:,~Cl J(! \ rY1 ~ r 1; U rJ. W. Home Phone ~:1\ ~ 11~ ' LI~ Signature ' ( , / tHaI i ( II U Y 'J Ua.r ( - ~~dGJf:l rAt~ ~~~C~ Business Phone *~':). /~4')..' L161~ Date If/'.,;;r:;( ./_; ./ I , ~ ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) ##5 be Signature Phone 7~-S--?S-S-~; Date ?~~ Address , Home Phone I hL. PAGE I . I . ..- ...- ,.., The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fee: Q200.oD~:>~ f ;=.~~~ Abstract Fee: Torrens: Date Paid (PI, /,~ Receipt # ,.;l::l 3 4- 0 Rev. 5-05-93:d'A 5-06-94:blh Res. 179-91 (11-05-91) \ / / ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, June 27, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the rezoning request of Dan Friedrichs and Tracey Jewett to rezone property from NB, Neighborhood Business to GB, General Business. The property is legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition and is generally located east of SuperAmerica on Bunker Lake Boulevard NW. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. \ ) ~~nistratoi-- Publication dates: June 16, 1995 June 23, 1995 I PIN: 353224230005 SUPERAMERICA GROUP INC 34<;' "ANEY DR I LEXu~GTON KY 40512 PIN: 353224230008 GUST KENNETH J & MELANIE A 1400 137TH LN NW ANDOVER MN 55304 PIN: 353224230009 EDVENSON JEFFREY A 1416 137TH LN NW ANDOVER MN 55304 PIN: 353224230010 WOJTOWICZ MARK E & BELINDA J 1426 137TH LN NW ANDOVER MN 55304 PIN: 353224230011 PENN DAN W & BEVERLY E 1430 137TH LN NW ANDOVER MN 55304 PIN: 353224230012 SQUIRES JAY T & TONI L 1425 137TH LN NW ANDOVER MN 55304 PIN: 353224230013 LAFOND RICHARD J & LINDA L 1415 137TH LN NW ANDOVER MN 55304 PIN: 353224230025 KLAUER THOMAS D & SCHULTZ M K 1447 138TH AVE NW ANDOVER MN 55304 PIN: 353224230026 PEDERSON THOMAS & PATRICIA 1435 138TH AVE NW M: VER MN 55304 I PIN: 353224230027 BEYERS DANIEL G & TWYLA J 1423 138TH AVE NW ANDOVER MN 55304 PIN: 353224230028 ROESKE WILLIAM B & PEGGY L 1415 138TH AVE NW ANDOVER MN 55304 PIN: 353224230029 CHAlKA TODD A & LISA M 1407 138TH AVE NW ANDOVER MN 55304 PIN: 353224230030 HILLS INC 2619 COON RAPIDS BD #101 COON RAPIDS MN 55433 PIN: 353224230036 WHITEMAN GUY A & KELLY B 13802 DRAKE ST NW ANDOVER MN 55304 PIN: 353224230037 CHAD DAVID R & DIANE P 1470 138TH AVE NW ANDOVER MN 55304 PIN: 353224230038 DEDEN STANLEY N & JOANNE G 1460 138TH AVE NW ANDOVER MN 55304 PIN: 353224230039 MARTINSON CURTIS A & LYNNE C 1448 138TH AVE NW ANDOVER MN 55304 PIN: 353224230040 MASON BRADLEY E 1438 138TH AVE NW ANDOVER MN 55304 PIN: 353224230041 PITTS GEORGE A & KATHLEEN A 01430 138TH AVE NW ANDOVER MN 55304 PIN: 353224230042 SCOTT LYNETTE A 1424 138TH AVE NW ANDOVER MN 55304 PIN: 353224230043 OLSON DARRELL E & KATHRYN L 14: '38TH AVE NW , I ANDOVER MN 55304 PIN: 353224230044 DUCKLOW TIMOTHY L & JANELL 1412 138TH AVE NW ANDOVER MN 55304 PIN: 353224230045 HILLS INC 2619 COON RAPIDS BD #101 COON RAPIDS MN 55433 PIN: 353224240004 PETERSON CHARLES M & SHEILA 01401 13TrH LN NW ANDOVER MN 55304 PIN: 353224240005 GREENWOOD JOSEPH & FRANCES 13778 CRANE NW ANDOVER MN 55304 PIN: 353224240006 LlNGERT WAYNE E & PATSY 0 13790 CRANE NW ANDOVER MN 55304 PIN: 353224310001 ANOKA COUNTI OF 2100 3RD AVE ANOKA MN 55303 PIN: 353224320001 ANOKA COUNTI OF 1440 BUNKER LK BLVD NW ANDOVER MN 55304 ) The property located directly east of the SuperAmerica Property at Hanson and Bunker Lake boulevards is the subject of a proposed rezoning in order to build a liquor store. For the following reasons we are opposed to the rezoning: Our neighborhood is already served by liquor stores only a few miles to the east, west and south of the proposed location. There is currently ample general commercial property located west of Hanson blvd. We are concerned about an increase in crime and criminal activity in our neighborhood. We expect foresight and long-term vision from our city leadership with regard to the quality of businesses in Andover. We don't have to become a city of gas stations and liquor stores. When we purchased our homes we understood that the proposed site was zoned for neighborhood business and not general commercial. We welcome the convenience and services that small, new, , neighborhood businesses will bring to our community but a liquor I store at this particular location is not the sort of creative and distinctive venture Andover needs. We, the undersigned are opposed to the rezoning of the property located east of the SuperAmerica property and are in agreement with page one of this petition. ./ - I . S . ~~. OJ)JJt\.QLL) SIGNATURE L ~~ SIG ATURE '~~h~ SIGN TURE t:JIM-r~ I'GNATURE i\, t\'~W1L-Y\ii~ I NATURE I' (;: ~ II IL\Clo \;4~ Uo 1'JD ~Cl..~~ ADDRESS cJG~fAL- LCMe. A/;j Ar. oj/er !d-3 /JOIA ) ADDRESS r 1~1~ /J}.flt t?V /lJ.u /In)tJt/lr ADDRESS ( tl3p 1'17.!;j~ .1/1(/ ItrvAc)J(.(' ADDRESS NJS :~n~ lP N't\J lh,jo\!er ADDRESS } 2>'\ \ \ ~(-th lG..M- A r0~ ADDRESS \~l\ \-3(\.h \O-.~ BroGlW1 ADDRESS 11~7 - /.37-C leuu.. nul Rxci?JvP( ADDRESS 13('7 - 137 =L !tu\.t /I. 4.) 4,(/ DUP ADDRESS , 9:l: '- ) We, the undersigned are opposed to the rezoning of the property located east of the SuperAmerica property and are in agreement with page one of this petition. 13 '13 /37+fL. dfG ADDRESS 5~, 593 137 Al,v ADDR ss <1(' l :'2-0 I~l-kt L-r-J ~~ ~Ss~tf 'l:V IYl ~ Y\t{) ~ , IULYCU1JCV0< I~ 7 vA", ~ ,7x)CO \ ':) '") ~ ~ \'\\,-J \'\-\,"d 0 \\..U..'l ADDRESS c ",. /,,</ / SIGNATURE - il1r, . /l }/1/l7d SIGNATURE fltti 2J~ 'SIGNATURE -44%/11:, ..:/' SIGNA E /-]0~ /,;;-;-:1, / . ..J_ - _ ..J /A'yU./ It "V 1J7~ l-IJ;t/J I)f.}l{ /S7:ti ~ .;A./.k; ADDRESS /35(;,- /37 ..:d..f~ -7{ {J 0530'1 ADDRESS t '7 0_ '",>&V ADDRESS 137-4- ~ /.3,-:7 /.37/1, L", A/ yJ ADDRESS ) We, the undersigned are opposed to the rezoning of the property located east of the SuperAmerica property and are in agreement with page one of this petition. ,Ii " /~ l ll- ()e AI LJ f ~ 7Li; "-ILl ~ I ADDRESS C~L!t/ /J1& - /'Yb// /3 7/z L.fi/ S N1\ UR - 0 ADDRESS - ~~ /3t./(d3F~,;:(JtJe )1[0 ./SIGN T ~. ADDRESS c;;;aC'lrff/7 h (/{fJf)(Jll 134/)3 rbl.5 ,"J. IV liJ S T E '-' ........ ADDRESS I LI( t:, jO 7'1 J.... LAJ A./0 ADDRESS I Lff(p \ ~ 7 ~LN IlJ v0 ADDRESS f, .4/. uJ I 1,1Vb ~ill[{ d- ~ J ADDRESS 13~;} ZJk s+ 1\1 ~ ADDRESS '2..1 LLI':\- 13> 7 cf'Y 2ft.. sf /VtJ ADDRESS / /3781 ~L& Sf rV~/ ADDRESS / ./ , ;We, the undersigned are opposed to the rezoning of the property located east of the SuperAmerica property and are in agreement with page one of this petition. ~ .1V{) r3r (7 1'8' h, (UV-/ tu ~S( GNATURE ~. , A / ADDRESS. -ct- /) , _} /J . * .Jvuk /1j() /38- - /'hJ.{'lbtJJ "f'/!f/J/tfl J-V---' AT E DRESS v f1 1 ,,' r P l U1t(.(k--iL1AAl,(;~; I ~ /::.) 1<: ~ tv, cl~1 /l/Z~ a'vL//<:~ SIGNATURE . 'ADDRESS " Jo.;e r- . .~cr~ ~~Jl.- /d-ve ~ ADDRESS /;hA. J. / /...3CJS" /.3~/'. (I,,-.e "7h.....:: ,~/Y2<:&z'61 ADDRESS . It/07 (?(''' ?lei( fluJ (I~/7Y ADDRESS " -- SIGNATURE / r\~ ~'LJ--. . ~~; ~l-/lI~V I /424 /38't;(; ~,,7u,i: a/~/U.//6~ SIGNATURE ADDRESS ' d (l,ji-:- . /:~~. fT. (:.t/U-- / <I fO , SIGNAT ADDRESS deLL;! . I ; ('4; 'i- 1'7~f../~_ '"' ,;)~ - H-/'Jdg.-cf.kl.. /J7 ADDRESS j J 1!:1:- 1/ t/t: ;t,!hl (f"'k ~rz,u4I/fhi. jWe, the undersigned are opposed to the rezoning of the property located east of the SuperAmerica property and are in agreement with page one of this petition. ( ,.. 7 ~~'l~o.J /f/L;tt;j /y3() 15~0';/' au . /CY sI'G ATURE ADDRESS ], M GL~tO f'(... 147 S /11 r> 7~ Av~ Il V' SLGNtTURE ADDRESS ~~V'Ql.l f1 ~ /1-00 /38' ~ TUtU SIGNATURE 1 ADDRESS s~.)I- ~AD~~ /J.'i? ti- Ave. J}, iI1J . / jlJ~ %,...1-/<1.5-7 /3rt~ /4t/~ d;.) ~ NA /. ADDRESS ; sJ"f41pfr. dJ~tA' tJI:ls; 1JrP'l/b, '-7/ J. J' l$u2 ttJvJ1Az1/k ~I- ' ADDRESS ,u1'<..J '.L)rCt . sl Ntu . / ~ 11 ~ (!rM-e.. G- J 0 /~77f &a-?u_ 51 VI uJ. ADDRESS lJ 7ft) .(;(). ADDRESS 1.371GJ bz~ SJ-/U.f.J. ADDRESS )we, the undersigned are opposed to the rezoning of the property located east of the SuperAmerica property and are in agreement with page one of this petition. ~~G9m~ I dJj- I~f- U"-L n LJ ' ADDRESS 6tt/l~11Mn'!:ll!d*, SIGNATURE ~ GNATURE 138r!-t l1J~lilf ~ d P -It ,Jt fl1i) ADDRESS \ :t~ /c?/f' /~-?r tN~ ADDRESS A/t~ / S 7 'fL ~ SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS / SIGNATURE ADDRESS ..... . ...,...,.., I . V ~ TIe,'''- #';;,r 3 ) Hcllo, my name is Calleen Friadrichs. I am currently working as a managar of an administrative department for a large collection agency in Mpls. I have been with this company for seven years. My husband Dan and I have been married tor 3.5 years and have known each other for 9 years, and have two children. We built a home in The Hills of Bunker Lake 5th Addition and moved in in April of this year. 1'0r as long as J can remember Dan and 1 have dreamed of owning our own business. We both grew up in entrepreneurial family environments. Dan's father has had his own carpet laying company of30 years and my father had his own Miller beer distributorship for 20 years. We are not nicve to the tremendous amount of work that goes into owning your own business. , , We come here tonight not to "ruille any ones feathers" but to discu!\s re-zuning for a liquor store and a small convenience center. 1 discussed this meeting with my father on Sunday, who has since retired from the beer business and told him about my concerns regarding this meeting. He lold me that when he bought his business some odd 30 years ago he too heard many of the same fears from the small community of Decorah Iowa. In the beginning it was very hard to get community support on such a delicate issue as liquor. But my father made a "delicate" issue into a very positive one. Over the nex.t 20 years he sponsored over 10 softballtcams. held the Muscular Dystrophy soft ball tournaments for the entire county tor five years and gave hundreds of toys to Toys for Tots for many years. 1 remember as a child going shopping for the toys that would be given to the under privileged children. It was because of his own business, he was able to do these wonderful things to try to make a difference. This had nothing to do with "liquor" but about being a business man, When my father retired he had employed many people in the COIlUlluIlity, watched thcir tamilies grow a.nd became a vcry influential and respected business IIll\U. I was raised with high moralistic standards along with strong community involvementl\11l1 I want to pass that on to my children too. The liquor business is nothing to be afraid of We know it will take time for you as community members to trust and respect us. After all, we wi1\ be governed by state laws along with city ordinances and we will try to earn your respect as we go. We want to own a clean, safe store that will cater to your needs. We feel very comfortable wit.h our new sheriffs department going jn right across the street and you should to. Your tc\""U agel'S are more likely to go to your refrigerator while you are out and take beer than to come into this type ofestabJishment and bave liquor sold to them while they are under age. We would do every thing in our power ttl nOllet that happen as that would shut us dowu - - for good, Our two children will be growing up in this neighbor hood also and I would want to feel comfortable that my children would not be allowed to by liquor if they were under age. In fact we want to know as many of you and your families as possible so this CQuld not happen. Ifwe work together on this we can provide a beautiful, sa.n.:, convenient place for you to shop and build a relationship that is positive. We arc more than willing to work with you. Thank you. ) June 27, 1995 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Re: Rezoning of Lot 16, Block 5, Hills of Bunker Lake 3rd Addition Dear Ladies or Gentlemen: We believe the question here tonight is not if the City of Andover is growing but yet how is it going to continue to flourish and still maintain the small town environment it possesses. The answer does not lye in the types of businesses that are established but the ethics under which they are ran. It is not our objective to change your desires on what type of community you wish to live in but rather to share those interests and work together in overcoming the inevitable growth the City of Andover will continue to experience. A promise we can extend to you is that we will not let the people's views be lost in the shuffle. It will not be possible to be of service to this community without putting the community's needs at the forefront. Your input is of value to us and these are the ethics we will base our business on. At this time, we would like to address some of the concerns and desires that have been expressed: l. This community is alreadv beint! served bv three Iiauor stores. Currently, in the City of Andover, there is one liquor store established. Within three miles of the subject property, there is two, one located in Ham Lake and another in Coon Rapids. As many of you are aware, we must base our marketing assessments on the prospective future growth as well as the presently established areas. The population forecasts, traffic counts, and trade area definitions determined our decision for the location at hand. They are as follows: a. Population Forecasts: Year Pooulation 2000 22,300 2010 28,500 2020 38,000 / In addition to the above, the prospective future growth within 1 mile of the subject property, there will be 460 new housinl! units built within the next year or two, (This fact was obtained by the builder in charge of this project). Located on the old Johnson Farm. i Page 2 of 4 City of Andover ("Rezoning Response" continued....) b. Traffic Counts: West on Bunker Lake Boulevard East on Hanson Boulevard South on Bunker Lake Boulevard North on Bunker Lake Boulevard 8,500 cars per day 6,100 cars per day 9,500 cars per day 8,200 cars per day c. Trade Area Zones: Zone Customer Draw Radius (Miles) Driving Time (Min,) Primary '" Secondary Tertiary 60 to 75% 10 to 20% 5 to 15% Less than 3 3 to 7 15 to 50 Up to 10 15 to 20 25 to 30 The trade area is the portion of the larger region from which the retail site actually draws its customers. Our marketing assessments were confirmed based on the primary trade and the prospective population increase within this trade area alone. '" Retailers consider the prinulry trade area as the area they can dominate. 2. There is ample General Business property currentlv available West of the subiect property. We did take this land into consideration however, the city decided not to purchase this land because of the potential contamination. They did not want to risk the taxpayers money and neither do we. 3. Increase in crime due to off-sale liquor. The Anoka County Sheriffs Department ran a report for us and supplied us with the following statistics: G-WiII Liauors From June 26, 1992 to June 26,2995 there have only been 20 calls made to the Anoka County Police Department. The breakdown is as follows: ) Page 3 of4 City of Andover ("Rezoning Response" continued..) Reason for Calls Open DoorlWindow on business Issuance of a worthless check Traffic Accidents Liquor (misrepresenting of age/procure for minor) Abandon Vehicle Burglary to business Vehicle Theft Assault Indecent Exposure Miscellaneous Officer # of Calls 3 3 4 3 2 1 1 1 1 o Please Note: There were no calls for "suspicious activity". Based on the above statistics, we feel comfortable in assuming that the increase of crime due to an ofT-sale liquor store should not be of concern. We consider ounelves fortunate for having a police department being built right across the street. / 3. The residents do not want to see Andover become a city filled with 2:as stations and liquor stores. Thev eXDect foresi2:ht and lon2 term leadershiD with resDect to the needs of the community. This is an important issue that we feel needs an extensive explanation. Our response is three-fold: a. There are licensing restrictions that are governed by the City of Andover. Being that there is only one liquor license left available in the city, there will have to be either a population increase or a decision made by the officials of the city in order to issue additional licenses. We feel the redundancy in businesses that are required to follow these licensing regulations would be legally impossible. In order for our business to be successful we must fulfill the needs of the community in which we are serving. Our goal is to have 100% occupancy in our additional leasing spaces. To achieve this goal, we must be able to sell the need for such a business to the retailers looking to establish their business in this area. b. \ / Page 4 of 4 City of Andover ("Rezoning Response" continued..) c. In addition to the above, we plan on conducting a marketing survey (exclusively to the City of Andover) to find out what businesses you would like to see us solicit. Creativity in this area is of the utmost importance. NOTE: In addition to the above concerns, we have taken the liberty to find out from a reputable Realtor in this area that the above project will in know way decrease the property values of the houses in this area. f In closing, there are many positive aspects that will come out of this project if we all come together as a community. Some of which include an increase in employment opportunities to work closer to home (the average drive to work for people in Anoka County is 24.7 minutes), convenience shopping, and economic growth (tax and spend). Thank you for coming here to address such an important issue. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION Nl Discussion Item ORIGINATING DEPARTMENT Planning ~ David L, carlberg Planning Director APPROVED FOR AGENDA .3. ITEM Nl Special Use Permit Liquor License Lot 16, Bl. 5, Hills Bunker Lake third Addition The Andover city Council is asked to review the request of Dan Friedrichs and Tracey Jewett for a Special Use Permit for a liquor license to allow for the operation of an off-sale liquor store at the property located at 14xx Bunker Lake Boulevard NW, legally.described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. BACKGROUND The Planning and zoning Commission, at their June 27, 1995 meeting, recommended denial of the Special Use Permit request. Consult the attached minutes for the reasons for their recommendation of denial. The Special Use Permit is being requested in conjunction with the rezoning request. / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. R -95 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF DAN FRIEDRICHS AND TRACEY JEWETT TO OPERATE AN OFF-SALE LIQUOR STORE LOCATED AT 14XX BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 16, BLOCK 5, HILLS OF BUNKER LAKE THIRD ADDITION. WHEREAS, Dan Friedrichs and Tracey Jewett have requested a Special Use Permit for a liquor license to operate an off-sale liquor store located at 14xx Bunker Lake Boulevard NW, legally described above; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use conflicts with the Comprehensive plan; and WHEREAS, a public hearing was held and there was opposition and concern in the areas of traffic, property values, aesthetics and crime regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council denial of the Special Use Permit 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 to deny the Special Use Permit request of Dan Friedrichs and Tracey Jewett for a liquor license to operate an off-sale liquor store located at l4xx Bunker Lake Boulevard NW, legally described above. Adopted by the City Council of the City of Andover on this 18th day of July , 1995 CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria volk, City Clerk Regular Andover Planning and zoning Commission Meeeting Minutes - June 27, 1995 p' '~ 5 \ (~ublic Hearings: Rezoning - NB to GB and Special Use Permit for Liquor L~cense at 14xx Bunker Lake Boulevard, Continued) traffic. As proposed with the liquor store, and even with the other allowable and permitted uses in the zone, it was his opinion that the GB should not butt up to a neighborhood area. He agreed with some of the comments that the proposal is not consistent with the Comprehensive Plan, traffic concerns, effects on values and scenic views, and that there are other areas appropriate for a business like this. MOTION by Doucette, Seconded by Jovanovich, to deny the request of rezoning Lot 15, Block 6, Hills of Bunker Lake 3rd Addition from the Neighborhood Business to General Business due to the fact that it would conflict with the Comprehensive Plan. There was significant resident concerns, basically in the area of traffic, property values, aesthetics, and crime. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. MOTION by Putnam, Seconded by Jovanovich, that we recommend to the City Council denial of the request for the Special Use Permit for a liquor license which was applied for by Dan Friedrichs and Tracey Jewett for Lot 16, Block 5, Hills of Bunker Lake 3rd Addition based on the fact ~h~t the application for rezoning was not recommended for approval by , ,~Commission. This was contingent upon that approval, that the Permit not be granted for the same reasons. Motion carried on a 4-Yes, 3- Absent (Apel, Luedtke, Peek) vote. These items will be on the July 18, 1995, City Council agenda. 7:51 p.m. _ LIC HEARING: RRVICES (GUN sao IN AN I, INDUSTRIAL DISTRICT - 1714 BUNKER LAKE BOULEVARD NH - ANDOVE IREARM, INC. 7:51 p.m. Mr. arlberg reviewed the Special Use Permit application by Andover Firearms d Shooting Supplies to operate a gun shop at 1714 Bunker Lake Boulevar NW. A Permit was granted for this operation on . March 19, 1991, at this ocation. On August 17, 1993, another Permit was granted to move the bus ess to 1860 Bunker Lake Boulevard NW. They are now requesting to move ba to 1714 Bunker Lake Boulevard pending the upcoming acquisition of the p erty by the City and the demolition of the buildings at 1860 Bunker Lake oulevard. He noted the applicable ordinances and criteria to be examine when considering the request. Staff is recommending approval. The 0 incident he is aware of regarding the gun shop is a discharge of gun two or three years ago in a burglary situation. He did not have statist~ on gun shops in other communities. Staff has received no complaints. ,Chairperson Squires recalled a condition to the Augus 1993, Special , )e Permit that the gun shop was to enlist the efforts of Qe Sheriff's uepartment to inspect the property to be sure there ar~adequate securi ty measures. Mr. Carlberg stated that can be added to this Resolution. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 27, 1995 AGENDA ITEM. 4. Pub. Hearing - SUP Liq. License - 14xx Bunker Lake Blvd. NW Friedrichs/Jewett DATE ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director BY: APPROVED FOR AGENDA 8~ REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by Dan Friedrichs and Tracey Jewett for a liquor license to operate an off-sale liquor store on the property located at 14xx Bunker Lake Boulevard NW (PIN 35-32-24- 23-0045), legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03, regulates the Special Use Permit process. , \ / Ordinance No.8, Section 7.03, lists the uses allowed by Special Use Permit. In a General Business District, a liquor license is allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive plan GENERAL REVIEW , , This item is being requested in conjunction with the previous item requesting a rezoning of said property. The applicants will be attending the meeting to discuss the operation and to also answer Commission questions. ) j Page Two Special Use Permit - Off-sale Liquor 14xx Bunker Lake Blvd. NW Friedrichs/Jewett June 27, 1995 COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Special Use Permit requested by Dan Friedrichs and Tracey Jewett for a liquor license to operate an off-sale liquor store on the property located at 14xx Bunker Lake Boulevard NW (PIN 35-32-24-23-0045), legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. 2. The Planning and Zoning Commission may deny the Special Use Permit requested by Dan Friedrichs and Tracey Jewett for a liquor license to operate an off-sale liquor store on the property located at 14xx Bunker Lake Boulevard NW (PIN 35-32-24-23-0045), legally described as Lot 16, Block 5, Hills of Bunker Lake Third / Addition. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item. , R-I -. / . . rr- ~~ . CITY --, HALL ! I, ,i I : i , , ~ J' ,I $ j~ 3 _Z ..1: lu I ~ :s ! !.i !: ~I e- O I~ ~ ! Cl:l 51 .' ~ ~I ~ I " ,< ~ i~ I < . I ~ I, .. i . , ~ ,. I . , . ~ I \, - ~ = . = "..~! ~.1 . '~'Y: = . l - - -, N 89':54 '29" .. :538.73 - -- ! = ~O...l" ~iN 01 "Iorlfl ~oc'.~~ f . ., ,'P!-' .. :.., 01 S... II. 01 ,....... ,/4., .. .. , " a Q:: '" ... ci :l: . ., is ... ) .. )... " ':. 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VD.. --- ,,.....,.., J.~ . . . : -- ~'!l..'t'.- .. -~N 8g.~9'47." 419.88. - _ :" _\..~.~.~.~,.~ T - - :'" ;' ... ~."." ---- ~ :: 55' ORI'INA(,.c AN/) LA':"L.Tr E"'~c ., r;)?ZcvF~ ;;y ~,c., 3-IS- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address /4 7i J . 'I \ X y B f( n Iuu- f,..A./Gt. 6k c /"1 ~ Legal Description of Property: (Fill in whichever is appropriate): Lot iUJ Block 5 Addi tion J1ill'J I) Y EilLhU lOK ( '3'~ PIN 16, JJ.'),4' }'/; '1701../? (If metes and bounds, attach the complete legal description. ) Is the property: Abstract X or Torrens ? (This information must be provide~ can be obtained from the County. ) -------------------------------------------------~--------------- Reason for Request ['I II [I,ll.! II ii ,: ;,( I,',; II ;.. 01.' l' 0 (LJf I,' v' [, ' l, t' ':.. i i . '! ~ f ~,i '" ,I' (':.j., '~I r. 'I ;1" r ,:, / 11 ! / \, " I,' ,; " I I . t ;;'J " t Section of Ordinance 2 h!n1i\'i~I'Ci", 4_ Current Zoning .!iLHJ~nl1(r~~JJ.N0) . I J ----------------------------------------------------------------- . ij~ Name of Applicant .t Or~n fn(dvlil~~ ~I~a lH11f'HWUr Address _1.1~}U\ri'i ljr1W Nrl- fillilOiU" Mn ?~1C~ Home Phone 1'1,11;' 'ICO' Business Phone .JiJ}I:iY~.001~ Signature ~ Date ?IJ~ Iq6 ----------------------------------------------------------------- Property Owner (Fee Owner) .l~ri. / ~ ;1(1& 7V C-- (If different from above) Address . 1;}7~rr th:t~~~- ~R', ~~..../ 4".~ ~/#// Home Phone ~ Business Phone 7.,-z;--6se></ Signature . ~ '/i'~ Date -S-//~/9.s-- , l ------------. ------------------------------------------------- SPECIAL USE PERMIT PAGE 2 ) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial ~90.0~ Residential 50.00 Amended SUP $50.00 Recording Fee Abstract property ($]5. !ill) Torrens property $14,50 Date Paid ~j,/tfS Receipt # d1:::t34tf; I Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. \ , / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, June 27, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Dan Friedrichs and Tracey Jewett for a liquor license to operate an off-sale liquor store on the property legally described as Lot 16, Block 5, Hills of Bunker Lake Third Addition, generally located east of SuperAmerica on Bunker Lake Boulevard NW. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. .f?~str-'tor Publication dates: June 16, 1995 June 23, 1995 PIN: 353224230005 SUPERAMERICA GROUP INC 3490 DANEY DR LE: .'uTON KY 40512 PIN: 353224230008 GUST KENNETH J & MELANIE A 1400 137TH LN NW ANDOVER MN 55304 PIN: 353224230009 EDVENSON JEFFREY A 1416 137TH LN NW ANDOVER MN 55304 " PIN: 353224230010 WOJTOWICZ MARK E & BELINDA J 1426 137TH LN NW ANDOVER MN 55304 PIN: 353224230011 PENN DAN W & BEVERLY E 1430 137TH LN NW ANDOVER MN 55304 PIN: 353224230012 SQUIRES JAY T & TONI L 1425 137TH LN NW ANDOVER MN 55304 PIN: 353224230013 LAFOND RICHARD J & LINDA L 1415 137TH LN NW ANDOVER MN 55304 PIN: 353224230025 KLAUER THOMAS D & SCHULTZ M K 1447 138TH AVE NW ANDOVER MN 55304 PIN: 353224230026 PEDERSON THOMAS & PATRICIA 1435 138TH AVE NW ANT'f")VER MN 55304 PIN: 353224230027 BEYERS DANIEL G & TWYLA J 1423 138TH AVE NW ANDOVER MN 55304 PIN: 353224230028 ROESKE WILLIAM B & PEGGY L 1415 138TH AVE NW .~'lDOVER MN 55304 PIN: 353224230029 CHAlKA TODD A & LISA M 1407 138TH AVE NW ANDOVER MN 55304 PIN: 353224230030 HILLS INC 2619 COON RAPIDS BD #101 COON RAPIDS MN 55433 . PIN: 353224230036 WHITEMAN GUY A & KELLY B 13802 DRAKE ST NW ANDOVER MN 55304 PIN: 353224230037 CHAD DAVID R & DIANE P 1470 138TH AVE NW ANDOVER MN 55304 PIN: 353224230038 DEDEN STANLEY N & JOANNE G 1460 138TH AVE NW ANDOVER MN 55304 PIN: 353224230039 MARTINSON CURTIS A & LYNNE C 1448 138TH AVE NW .~'lDOVER MN 55304 PIN: 353224230040 MASON BRADLEY E 1438 138TH AVE NW ANDOVER MN 55304 PL,,353224230041 PITTS GEORGE A & KATHLEEN A 01430 138TH AVE NW ANDOVER MN 55304 PIN: 353224230042 scon L YNETIE A 1424 138TH AVE NW ANDOVER MN 55304 PIN: 353224230043 OLSON DARRELL E & KATHRYN L 14' -, 138TH AVE NW Ak JVER MN 55304 PIN: 353224230044 DUCKLOW TIMOTHY L & JANELL 1412 138TH AVE NW ANDOVER MN 55304 PIN: 353224230045 ," HILLS INC 2619 COON RAPIDS aD #H01 COON RAPIDS MN 55433 PIN: 353224240004 PETERSON CHARLES M & SHEILA 01401 137TH LN NW ANDOVER MN 55304 PIN: 353224240005 GREENWOOD JOSEPH & FRANCES 13778 CRANE NW ANDOVER MN 55304 PIN: 353224240006 LINGERT WAYNE E & PATSY D 13790 CRANE NW ANDOVER MN 55304 PIN:353224310001 ANOKA COUNTI OF 2100 3RD AVE ANOKA MN 55303 PIN: 353224320001 ANOKA COUNlY OF 1440 BUNKER LK BLVD NW ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE Julv 18. 1995 Planning =t APPROVED FOR AGENDA AGENDA t-n SECTION ORIGINATING DEPARTMENT Discussion Items ITEM t-n SUP - Gun Shop 1714 Bunker Lake Blvd. NW Andover Firearm, Inc David L. Carlberg Planning Director ~ i REQUEST The City Council is asked to review the Special Use Permit request of Andover Firearm and Shooting Supplies, Inc. to operate a gun shop (retail trade and services) on the property located at 1714 Bunker Lake Boulevard NW, legally described on the attached resolution. APPLICABLE ORDINANCES \ Ordinance No.8, Section 5.03 regulates the Special Use Permit ) process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In an I, Industrial District, retail trade and services (gun shop) are allowed by the granting of a Special Use Permit, In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands; the effect on traffic patterns and congestions; the effect on surrounding property values and the use's consistency with the Comprehensive Plan. Planning & Zoning Review The Planning and zoning Commission, at their June 27, 1995 meeting, recommended approval of the Special Use Permit request with conditions. Attached for your review are the minutes and the staff report from the meeting. Attached is a proposed resolution for Council review and adoption. \ I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ANDOVER FIREARMS & SHOOTING SUPPLIES TO ALLOW FOR THE OPERATION OF A GUN SHOP (RETAIL TRADE AND SERVICES) ON THE PROPERTY LOCATED AT 1714 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-41-0005), LEGALLY DESCRIBED BELOW. WHEREAS, Andover Firearms and Shooting Supplies has requested a Special Use Permit to allow for the operation of a gun shop (retail trade and services) on the property located at 1714 Bunker Lake Boulevard NW (PIN 34-32-24-41-0005), legally described as follows: The East half of Lot 3, Block 1, pankonin Addition. Except Easements of Record; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit 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 to allow Andover Firearms and Shooting Supplies to operate a gun shop (retail trade and services) on the above described property with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). 2. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 3. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8,08, Parking. 4. The building shall be inspected by the City Building Official and the Fire Marshal for code compliance. In addition, the Sheriff's Department shall inspect the property for security code compliance and file with the City documentation of the inspection. Page Two Special Use Permit - Gun Shop 1714 Bunker Lake Blvd. NW Andover Firearms and Supplies Adopted by the City Council of the City of Andover on this 18th day of July, 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk / j Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 ;ge 5 / / (Public Hearings: Rezoning - NB to GB and Special Use Permit for Liquor Licen~e at 14xx Bunker L~ke Boule,;ard, Continued) // . traff~c. As proposed w~th the l~quor store, and~ven w~th the other allowable and permitted uses in the zone, it wasjrris opinion that the GB should not butt up to a neighborhood area. ~agreed with some of the comments that the proposal is not consis t with the Comprehensive Plan, traffic concerns, effects on valu and scenic views, and that there are other areas appropriate for business like this. MOTION by Doucette, Seconded by ovanovich, to deny the request of rezoning Lot 15, Block 6, Hill of Bunker Lake 3rd Addition from the Neighborhood Business to Gene Business due to the fact that it would conflict with the Comprehe ~ve Plan. There was significant resident concerns, basically in th area of traffic, property values, aesthetics, and crime. Motion car ed on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. ( MOTION by Putnam Seconded by Jovanovich, that we recommend to the City Council denial f the request for the Special Use Permit for a liquor license whic was applied for by Dan Friedrichs and Tracey Jewett for Lot 16, Bl ck 5, Hills of Bunker Lake 3rd Addition based on the fact that the pplication for rezoning was not recommended for approval by 'he Co ission. This was contingent upon that approval, that the Permit !lot granted for the same reasons. Motion carried on a 4- Yes, 3- Ab (Apel, Luedt vote. These items will be on the July 18, . nc~l agenda. 7:51 p.m. /'J'T) PUBLIC HEARING: SPECIAL USE PERMIT - RETAIL TRADE AND SERVICES (GUN W SHOP) IN AN I, INDUSTRIAL DISTRICT - 1714 BUNKER LAKE BOULEVARD NW - ANDOVER FIREARM, INC. 7:51 p.m. Mr. Carlberg reviewed the Special Use Permit application by Andover Firearms and Shooting Supplies to operate a gun shop at 1714 Bunker Lake Boulevard NW. A Permit was granted for this operation on March 19, 1991, at this location. On August 17, 1993, another Permit was granted to move the business to 1860 Bunker Lake Boulevard NW. They are now requesting to move back to 1714 Bunker Lake Boulevard pending the upcoming acquisition of the property by the City and the demolition of the buildings at 1860 Bunker Lake Boulevard. He noted the applicable ordinances and criteria to be examined when considering the request, Staff is recommending approval. The only incident he is aware of regarding the gun shop is a discharge of guns two or three years ago in a burglary situation. He did not have statistics on gun shops in other communities. Staff has received no complaints. Chairperson Squires recalled a condition to the August, 1993, Special "Jse Permit that the gun shop was to enlist the efforts of the Sheriff's Department to inspect the property to be sure there are adequate security measures. Mr. Carlberg stated that can be added to this Resolution, Regular Andover Planning and zoning Commission Meeeting Minutes - June 27, 1995 'lge 6 / ( (Public Hearing: Special Use Permit - Retail Trade and Services {Gun Shop} in I District - 1714 Bunker Lake Boulevard, Continued) MOTION by Putnam, Seconded by Jovanovich, to open the publi~ hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:05 p.m. There was no public testimony. MOTION by Putnam, Seconded by Doucette, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:07 p.m. Commissions Putnam suggested based on the past approval of the Special Use Permits and there being no complaints or problems, he would be in favor; however, he suggested the condition be added about the Sheriff's Department approving a security plan to be on file with the City. Discussion was that there be something in writing from the Sheriff's Department to the City stating they did inspect the site and find it to be secure. MOTION by Jovanovich, Seconded by Putnam, to forward to the City Council a Resolution granting the Special Use Permit request of Andover Firearms and Shooting Supplies to operate a gun shop at 1714 Bunker Lake 10ulevard NW, PIN 34-32-24-41-0005, and to add to the condition No. 4 chat the Sheriff's Department file with the City that they have ( inspected the property for security and that it is up to code and in compliance with the City and the Sheriff's Department. A public hearing was held and there was no opposition. Motion carried on a~4-Yes, 3- Absent (Apel, Luedtke, Peek) vote. This will be placed on the July 18, 1995, City Council agenda. 8:10 p.m. . . CARL FRANZEN Mr. Carlberg reviewed the request of Carl Franzen to five-acre tract of land into two parcels of 2.5 acres to allow his s to build on the eastern most parcel on Seventh Avenue. He noted the app 'cable ordinances, pointing out that $400 will be charged for park dedica ion for the newly created parcel. Staff is recommending approval with a ird condition added that access approval onto Seventh Avenue be obtaine from Anoka County. All ordinance requirements are being met by both peels. The Commission questio d what happens if the county does not allow access onto Seventh Avenu , Is a landlocked parcel created? Mr. Carlberg stated didn't believe it uld be denied, as a similar request to the north was given approval. W Ole input from the county is sought, it is the City that has the final au ority on granting the access onto county 'roads. It may be that the City uld want to see the driveway access as ifar to the north or south of th lot as possible based on~ the site triangle. He suggested Staff reque t a response from the county prior ~, to this going to the City Council. He didn't see a reason to table the lot split for that response. CITY OF ANDOVER REQUEST FOR PLANNING COMMI~2~cn~ AGEND~ . I~MI. - SUP Retail Trade & Services 1714 Bunker Lake Blvd. Andover Firearm DATE ORIGPi\1\~Cf nQEPARTMENT David L. Carlberg Planning Director BY: APPROVED FOR AGENDA l? BY: c..-- REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by Andover Firearm and Shooting Supplies to operate a gun shop (retail trade & services) at 1714 Bunker Lake Boulevard NW (PIN 34-32-24-41-0005), legally described as follows: The East half of Lot 3, Block 1, pankonin Addition. Subject to Easements of Record. The property is zoned I, Industrial. '. I APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In an Industrial District, retail trade & services are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. Continued " I Page Two SUP - Retail Trade & Services (Gun Shop) 1714 Bunker Lake Boulevard NW Andover Firearms & Shooting Supplies June 27, 1995 BACKGROUND On March 19, 1991, a Special Use Permit was granted on the subject property to allow for the operation of a gun shop (Andover Firearms, Inc). On August 17, 1993, a Special Use Permit was granted on the property located at 1860 Bunker Lake Boulevard NW. Andover Firearms, Inc. at that time moved from 1714 to 1860 Bunker Lake Boulevard NW. Andover Firearms, Inc. is now requesting to move back to 1714 Bunker Lake Boulevard NW pending the upcoming acquisition of the property by the City and the demolition of the buildings at 1860 Bunker Lake Boulevard NW. COMMISSION OPTIONS 1, The Planning and zoning Commission may approve the Special Use Permit requested by Andover Firearm and Shooting Supplies to operate a gun shop (retail trade and services) on the property located at 1714 Bunker Lake Boulevard NW, PIN 34-32-24-41-0005, I The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including; the use will not be detrimental to the health, safety, morals or general welfare of the community, the use will not cause serious traffic congestions or hazards, the use will not depreciate surrounding property and the use is in harmony with the Comprehensive Plan 2. The Planning and zoning Commission may deny the Special Use Permit requested by Andover Firearm and Shooting Supplies to operate a gun shop (retail trade and services) on the property located at 1714 Bunker Lake Boulevard NW, PIN 34-32-24-41-0005. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. STAFF RECOMMENDATION Staff recommends approval of the Special Use Permit with conditions. Attached is a resolution for Commission review and approval. ;. " ..... ITY...: ALL;.! , ., / -. ...-.- - '. ..:.... . . . '. '" '. ~.. '. .. ,,;~'i~.~~';:'~':~}0;.:.... .' .-.;)~':;. ~~:;~.~-- : t~ :..' ._ 'j..>:: 1. :'.. ....... . .;.:. I .\ I I I .. -+ ' I ___ -- ------ -- ~ I' - ~ I I \ / OFFICES AFFECTING THE AREA SHUWN. THIS DRAWING IS TO BE USED ONLY FOR REFERENCE PURPOSES AND THE COUN- TY IS NOT RESPONSIBLE FOR ANY IN- ACCURACIES HEREIN CONTAINED. " @ 11 1; , . E.//4 CORNERL SEC. 34 I UNTY ROAD, - '" UI ... ~ fsERYICE- DR.; . .~" .. ~~., ~ ~ NO. 116 " '. '" -----::-, ,~ ..' , J'~ I I -: -::.. - ::it:.H\]jct:~ - DR I y"" , -.en,- , c.. tH_ , ~ ".J,i . . ~ ,-,., . :"J.' .. (;;" :'~ / ADD. ,~/ . I I. ~I ~.. ,~ "I - " (,) .:} " ., .. 1 PA 4 ... . ... ,- :~ '" - . ~~ > ~ . '. .:,,,,,.,1 . J~j,' ,.1 "" ~'.1~$ ". - - - i I I 15 ,;1/ L"., .:"3 .:>.,."t<I' "c , ,o. I . I ~ .. /;\ . :~: N ITeI2".1O ..' ...~ OL -1 " ~ ~i..J' 0 (7') ~9:.'''' " -' ----.i J \ ---1 ~ . r :.' .--..... .. 'l~ I~} 14 .f.lfi,s .:1~.s ,f"v'&! .<< 1-' ;~,/ - -. CITY of ANDOVER Property Address 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT /7('-1 (juNke/L Lt !?LiJ1j A,tv'{)QlIVe lilAi' Legal Description of Property: (Fill in w~~v~~p~iate): Lot { ::;. r: ffiCk Addi tion J?:ll Jl- :?YY/ laU:metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ~~? (This information must be provided and can be obtaine~~ the County. ) ----------------------------------------------------------------- PIN Reason for Request &J 7" adl~~,u&~ ft---:./'-n;r' u/J-- c~ ~~d.-t- /,pbo4~;7l~ Section of Ordinance 5.03/'7.03 Current Zoning I ~ ----------------------------------------------------------------- Name of Applicant AHDOVERFIREARMS&SH~r.NGSUPPUES ~ :!lll6&.!ed.L..B11'Cl. "./ ' k L Address Mdover,MN55304 7s ~ -P? '7' 7" , (812j~ Bome Phone~ Business Phone ~~~::~::~~---_::_-~ ~-------~--------------~:~:_~:::~~~!:~~--- property Owner (Fee Owner) 0ev~ PAuL i6fVDNE;-/' (If different from above) Address . ~2-CJD 'f50-l{ Nw {!'7!({)3 O/tk't-t4R6dfZ LJIJ. 9t27 Bome Phone !:UJ-~79- ~~usiness phone Signature ;;Ji.{r( Ptd-___ Date 5/15/95 ----------------------------------------------------------------- SPECIAL USE PERMIT PAGE 2 / The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property ~90.Ob $ 50.00 $50.00 m-:-O"Q':'> $34.50 Date Paid &/Vcr~ Receipt' So~7 / , / Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. I '. / ", ~ - -- /: -. 0~~>",0-3 ","::r:;'...::r "" a.'-tp '" " III 1:1 ....:c ~ n\!J1lI ! O::r~ "'"" rY 0. ....g g :l.olll ... ~~[ 00'" ~"B. .... ::r nlll"" III :c ~ 011>" ....ll.'< "' g ... e. 1:1....0 :l;:T -1:1" .20"" ...."' III ~ III ~81" ~, ...' 0 "0.",, g,ss "" ~':'A l3.- - I:lCllCll ~n... oSQ ...."'~ 0. ~~.~ ~S~ 0"0 ~ ::r:l ::;, t:: .... " :l '<'0 - ~ 5: 3:"0. ..... .... -"" 5 =-.... t: t:. 0 lr. '" :l g 8- ~ ~. g: o :l ~ ~.ClI ....tn .-C I:l '" to. a 5. 00', ....:::1 Ill. '" , . 1:1 ::' nell, o .... '1 .... 1 0. ' o ........ ' :It'" "0 ;:TrY III W. 0- . .... .... co I ..... to- I n R. 1:1 X" ' o . .... ... . - rY :~ 2:1 .... .... ~:I "~ ~ '1 ...' OrT, "' .... o "';:1 ....- rY. '-ClI I:In ll.S g,a .... 5'oB o ~g (")rT o::r C III :I "'0 '<... - ClI rT :E ...." :l;:T :l III r. '" tr. III 00 j;:.... . g , , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY ')F ANDOVER COUNTY OF ANOKA STATE ')F MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 ,.m., or as soon thereafter as can be heard, on Tuesday, June 27, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, ~~ to review the Special Use Permit request of Andover Firearms and Shooting Supplies to operate a gun shop (retail trade and ser?ices) on the property located at 1714 Bunker Lake Boulevard NW (PIN 34-32-24-41-0005), legally described as Lot 3, Block 1, P~nkonin Addition. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~n~st;ator Publication dates: June 16, 1~95 June 23, 1~95 I .N 343224140001 ~llison, Harold ~. 3, Box 1774 1mbridge, MN 55008 :N 3224410001 :ater, E. J. & J. A. '86 Bunker Lake Blvd. NW ldover, MN 55304 [N 34322441004 lrphy Oil USA, Inc. ~OO France Ave. So. lite 334 Una, MN 55435 [N 343224410008 )ttkes Bus Service, Inc. 3625 Jay st. NW ldover, MN 55304 -' PIN 343224140002 United Power Association 1657 Bunker Lake Blvd. NW Andover, MN 55304 PIN 343224410003 Bendtsen, Steve Paul 1716 Bunker Lake Blvd. NW Andover, MN 55304 PIN 343224410010 Kottkes Bus Service, Inc. 13625 Jay st. NW Andover, MN 55304 PIN 343224410002 Imre, John & Sheila 15844 Sycamore NW Andover, MN 55304 PIN 343224410005 Bendtsen, Steve Paul 1716 Bunker Lake Blvd. Andover, MN 55304 PIN 343224410011 ABC Mini-Storage, Inc. 13625 Jay St. NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 AGENDA t\O. SECTION Discussion Items ORIGINATING lanning ITEM t\O. Lot Spli t 16241 Makah Street NW Carl Franzen David L. Planning DEPA~ENT APPROVED ~ FOR AGENDA c~rlberg, rC:'\ Dlrector rT; \_ ~"LJ . 5. REQUEST The Planning and zoning Commission at its regular meeting on June 27, 1995, reviewed the request for a lot split by Carl Franzen located at 16241 Makah Street NW. The applicant is requesting to split a five (5 a.) acre parcel into two (2) two and one half (2.5 a.) acre parcels. Consult the attached staff report dated June 27, 1995 and the minutes from the Planning and zoning Commission meeting for further information. RECOMMENDATION The Planning and Zoning Commission recommends approval of the lot split request with conditions as indicated on the attached Resolution. , ; MOTION BY: SECOND BY: 1 J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF CARL FRANZEN TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Carl Franzen has requested a lot split to create two (2) lots on the property located at 16241 Makah Street NW, legally described as follows: TRACT J, REGISTERED LAND SURVEY NO. 72. Subject to Easements of Record; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and zoning Commission finds the request is consistent with the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the lot split 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 to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No, 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 3. Written review and recommendation be received from the Anoka County Highway Department prior to City Council approval. Adopted by the City Council of the City of Andover on this 18th day of July , 1995, CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST J victoria Volk, City Clerk Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 '~ge 6 / ( (Public Hearing: Special Use Permit - Retail Trade and Services {Gun Shop} in I District - 1714 Bunker Lake Boulevard, Continued) MOTION by Putnam, Seconded by Jovanovich, to open xhe publi~ hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Lued~Ke, Peek) vote, 8:05 p.m. There was no public testimony. / MOTION by Putnam, Seconded by Doucette, Motion carried on a 4-Yes, 3-Absent (Ap p.m. close the public hearing. , Luedtke, Peek) vote, 8:07 Commissions Putnam suggested base on the past approval of the Special Use Permits and there being no omplaints or problems, he would be in favor; however, he suggested e condition be added about the Sheriff's Department approving a sec ity plan to be on file with the City. Discussion was that ther e something in writing from the Sheriff's Department to the City ating they did inspect the site and find it to be secure. MOTION by Jovanov' h, Seconded by Putnam, to forward to the City Council a Resolution gr~ting the Special Use Permit request of Andover Firearms and Shooting upplies to operate a gun shop at 1714 Bunker Lake ~oulevard ,PIN 34-32-24-41-0005, and to add to the condition No, 4 chat the heriff' s Department file with the City that they have ( inspect the property for security and that it is up to code and in compl. nce with the City and the Sheriff's Department. A public hearing was eld and there was no opposition. Motion carried on a~4-Yes, 3- Ab nt (Apel, Luedtke, Peek) vote, This will be placed on the July 18, ~ PUBLIC HEARING: LOT SPLIT - 16241 MAKAR STREET NW - CARL FRANZEN 8:10 p.m. Mr. Carlberg reviewed the request of Carl Franzen to subdivide a five-acre tract of land into two parcels of 2,5 acres to allow his son to build on the eastern most parcel on Seventh Avenue. He noted the applicable ordinances, pointing out that $400 will be charged for park dedication for the newly created parcel. Staff is recommending approval with a third condition added that access approval onto Seventh Avenue be obtained from Anoka County. All ordinance requirements are being met by both parcels. The Commission questioned what happens if the county does not allow access onto Seventh Avenue. Is a landlocked parcel created? Mr. Carlberg stated didn't believe it would be denied, as a similar request to the north was given approval. While input from the county is sought, it is the City that has the final authority on granting the access onto county ,roads. It may be that the City would want to see the driveway access as )far to the north or south of the lot as possible based orr the site triangle. He suggested Staff request a response from the county prior to this going to the City Council. He didn't see a reason to table the lot split for that response. \ \ Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 -'lge 7 I (Public Hearing: Lot Split - 16241 Makah Street, Continued) The Commission also questioned if the correct right-of-way is dedicated through there for Seventh Avenue. Mr, Carlberg stated it appears to be sufficient, but Staff will look at that. If not, it should be dedicated; however, it does not affect the calculations for the lots themselves. MOTION by Doucette, Seconded by Jovanovich, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote.8:21 p.m. Todd Blank, 16389 Makah asked that the Commission look at the integrity of the neighborhood. They looked a long time before purchasing their lot in Andover. All of the lots were set up about 15 years ago into 21 five-acre lots. The developer had a covenant on the lots of a minimum value. Since that time, three of the them have been split, and three homes have been built that are substantially lower in value than the surrounding homes. He felt this would have a substantial effect on their property values. Before leaving, the developer told him he had removed the covenant. Mr. Blank didn't think that was right, nor was it right to allow the uniform lots to be split and to have houses scattered allover the place. His main concern is the character of the neighborhood and quality of homes being built. For that reason, he is 'pposed to the lot split. / Amv Blank, 16389 Makah - stated the neighborhood is very unique. There are nice homes on five-acre lots. She felt it would be a tragedy to split the lot, as she would see the new house from the back of her house. The neighbors have worked hard to put in a pond; there are deer back there; it is definitely out in the country. She didn't think it is appropriate to split the lot in this neighborhood. Also, she didn't think it is a good idea to add more access onto Seventh Avenue, which is 55 mph and traffic coming off the curve, There was an accident there as they came tonight. There is too much traffic already, The lot split doesn't fit with the rest of the neighborhood and she doesn~t want to see the new house from her back window. MOTION by Putnam, Seconded by Jovanovich, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote.8:25 p.m. Commissioner Jovanovich asked what protects the homeowners when the developer says there will be a covenant and then things change. Chairperson Squire questioned whether the developer has the right to pull the covenants after the property is developed. Covenants are filed and recorded with the property and will show up during a title search. Mr. Carlberg stated restrictive covenants are recorded as a part of the property when platted. There may have been a clause that within a certain amount of time the covenant is null and void. Otherwise he .thought just pulling a covenant requires the signatures from the property owners. Covenants are not regulated by the City, Possibly the land owners should contact the developer to find out what happened; and if there is a problem, the residents could take action against the developer, not the City. In any case, the covenants should have no bearing on the City's decision on the lot split request. Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 -'ge 8 J (Public Hearing: Lot Split - 16241 Makah Street, Continued) ,. ( Commissioner Putnam understood the concerns of the residents; however, the request meets all the criteria of the ordinance and the lot owner also has rights under the ordinance. He is somewhat concerned about the access onto Seventh Avenue because it is a busy section of the road where cars travel at high speeds. If the lot was closer to the curve, he would be even more concerned, He felt county input is needed regarding that access. MOTION by Jovanovich, Seconded by Putnam, to forward the Resolution granting the lot split request of Carl Franzen to create two parcels pursuant to Ordinance No. 40 with the recommendation 1) That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10; 2) That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E)j and add 3) To get written review from Anoka County for county road access and to have that written recommendation prior to the City Council meeting. There was a public hearing and there was some opposition. DISCUSSION: Commissioner Doucette understood the concerns of the residents, but at the same time she agrees with Commissioner Putnam, and that under the ordi'nance, as written, she cannot deny it. Commissioner Putnam was concerned with the covenant of the developer and urged the residents to review its -'anguage. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) Jote. This will be placed on the July 18, 1995, City Council agenda. ( 8:35 p.m. 3JUa-s6CrJ.'l1 ~itCHAN'l'~D vltlVE-- Mr. lberg reviewed the variances requested buy Don Jensen to allow for the onstruction of a garage addition on a single family residence on a law lly existing nonconforming parcel. The construction will encroach 1 5 feet into the required sideyard setback from the street at 3940 South E hanted Drive. Currently a garage does not exist on the property. In dition, the parcel does not meet the minimum district requirements fo an R-1, Single Family Rural zoned parcel. Therefore, a variance is aI 0 needed from Ordinance No.8, Section 4.03, Non- Conforming Uses to llow the construction of the garage. The lot is very limited becaus of the pipeline easement and drainfield. The proposed location for he garage is the only place it can be placed on the lot. Staff is reco ending approval. ~ During the Commission dis ssion, it was noted the proposed location does not infringe on the e isting pipeline easement, that typically there is no sunset clause fo variances, that the garage entrance is coming off Aztec, that the p oposed size of the garage is fairly ~standard, that the house was bU1 t in 1971 which is the same year the /Zoning Ordinance was adopted, that he lot size is much smaller than the ~ R-1 zone and probably should have b n zoned R-2 which is directly to the south, that there is a definite ha dship due to the characteristics of the property, that it would be a bene Ot to the neighborhood to allow the garage to be constructed for the stor ge of personal items. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION .June 27, 1995 DATE AGENDA ITEM 6. Public Hearing: Lot Split - 16241 Makah Street NW - Carl Franzen ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Director APPROVED FOR AGENDA BY~ Request The Andover Planning and Zoning Commission is asked to review the lot split request of Carl Franzen to subdivide a five (5 a.) acre tract of land into two parcels of 2.5 acres. The property is located at 16241 Makah Street NW, legally described on the attached resolution. The property is zoned R-l, Single Family Rural. Applicable Ordinances Ordinance No. 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed ~he minimum requirements for platted lots in the applicable zoning .iistrict. Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-l zoned district. The minimum requirements in an R-l district are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling 300 feet 150 feet 2.5 acres Ordinance No. 10, Section 9.07.10 establishes the min1mum area of land dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of the park dedication requirements, the sum of four hundred dollars ($400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. Review Mr. Franzen is proposing to split the parcel to allow his son to build on the easternmost parcel on 7th Avenue. \ / Page Two Lot Split - Franzen ;16241 Makah Street NW June 27, 1995 Commission Options 1. The Planning and zoning Commission may recommend approval of the lot split requested by Carl Franzen located at 16241 Makah Street NW, legally described on the attached resolution. The Commission finds that based on Section IV of Ordinance No. 40, the City Council may vary the application of any of the provisions in Ordinance No. 40 and that the variance request is consistent with the intent of the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. 2. The Planning and Zoning Commission may recommend denial of the lot split requested by Carl Franzen located at 16241 Makah Street NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No. 40. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item pending further information from Staff. Staff Recommendation Staff recommends approval of the lot split requested with the following conditions: 1. The applicant pay park dedication fees as defined in Ordinance No. 10, Section 9.07.10. 2. The lot split will be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 1 I ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~eA~ 0~ uhVqS RES. NO. A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF CARL FRANZEN TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Carl Franzen has requested a lot split to create two (2) lots on the property located at 16241 Makah Street NW, legally described as follows: TRACT J, REGISTERED LAND SURVEY NO. 72. Record; and Subject to Easements of WHEREAS, the Planning and zoning the request and has determined that said criteria of Ordinance No. 40; and Commission has reviewed request meets the WHEREAS, the Planning and Zoning Commission finds the request is consistent with the Comprehensive plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and \ / WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split 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 to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this day o~ , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST Victoria Volk, City Clerk E jEND -- / .E FAMILY- RURAL .E FAMILY- ESTATE .E FAMILY-SUBURBAN ~ ~^lAllv_I"'~"'A~1 . .. ! ............-...' F #~ ~ \(\ p I ~I ~I ~I I I I , / (nlj,u N ~l!" 4-~' 1/"- \V " ~ {(\ ~ ~ Q ~Zb, 'U N t}Iif" 4-? ~.w S N ~".l ~ tQ ll\ ~ ~~ l ~N "t' R ~Z~.ZI N "1"~' ~G? III N lIC\ ~ ~~ s (Pz.~ :ZI N 8"'" 4~' ~(p. \II ~ ~. T ~Z~.t.1 N 81. 4~'~~.w ~ ~ \ ~ \ \\ ) u N 1:$ k~ '11.'-'_400"" ~ fjt. 4~' ~~. t b.1'" ~1'1/~:/ 104. oe\ ...:'''"-- M / A- Iti.~O'// 1~,I(p..:'-...... '- ~4.BZ €> ~ '" 4~' '1/"~ e ~.40-..::" :::: L ~68.1l! I!J &,," 4:3>'*"e K ~7'.~4 'b8 o~.~. e I I ~ 14.S& G,.," 4~' '{p"e 1> rDpo~c.4 S \Lot- PI "78./Q t;.lY'.4~'~".e H LINE ~f;o. (N t;. ~'"4~' ~~.. e I ~ I ~. I~ .-; II ~ \ ~ ~ " ~ ~IIU ~ r- 5 ~ C\ ~I ~ ~ I ~ ~ ~ I ~Cs- If\ ~ I <S\ . :(:1 N I \tIo ~ ~ I ~ ~ .\ N <.:( {(\ I I .'~ I '.1,11 ~ I N ~ .1 <.) I IF I seAL I liNe gea I ass lor I rr. I I ~ II I l \ ~ I I., Mr. & Mrs. C,arf PT'#n7E/r 16241 MakJ1h fJ't, N. ~;:,,~ Mn;OKf; ff,11Jif' ~~~l.i - '5{l~, (1;0 ~-I\W 5~I(b~ ;{- ^'--- ~ --'.'.' . -_.-w--- _____.._____u - -- ----- ..... _____ .. _. -0 _ __ . ___ _______ _ _____.___..__ '_. I I -- - -- - ------- -_- --_ __ _~ ~~ :Y!:J.- _ -'11 fl. IfU ~~ _ ....- -' . - , --. -, I - _@ i H, k1/f5'tf ----t:.~:lfa-3.!...-f;2!f-/li~ 1:1~bO __ I --(f) ---!)J~-t. (i;;;K6J~fjjl) (.051' L-J~C -1r!liiui-- -~~-r-J df]~_ ~}L 1-1-~1}iJ G: 5'ij)~--1d 0 f~ f '10 Irill l~ _ t~ fiK~TC:- -JIl , \ ) -- --_.~--- .-.- - -.. .- - ---______ ___ _ ____. _ ___h ____ __. ____ __. ._______ __ __ ____ __~._. _ _.__ ______ - .@.J---.-.5-E"C--tJ~-rfJ(;JftD _ tJ'R-r~r lCLtJ-re.__ O..(-:(l_lJ,.~_______ --------..-.- ------ - ---.-.--------------- 5 cE. {f'!J fJ~# C[L.__e tRJ:J t_l.~J1 T.&'.--1J--r---r-f I J L ~ ~UE'K \ J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Property Address LOT SPLIT REQUEST FORK lG2LH tlVllif1H $'1: N,W. RfJDOV&R. MN, 55304- / Legal Description of Property: (Fill in whichever is apprOPria~e):. LfJJ'U)5~ft(JeY Lot~Block rr Addition R€&J5T~Rt;.D N~ # -,-a. - PIN oR I g:3-a. al/. 'JJI..~ (If metes and bounds, attach_the - complete legal description). _- Is the property: Abstract or Torrens )( 1 (This inforaation aust be provided and can be obta~froa the County) . - ;:~:::-;::-;:~~::~--7-1~;~~-~--;-~--~-G--~Y--~~~---------- Current Zoning R- I Signature ----------------- ---------------------------------------- Name of Applicant Address I Home Phone phone Date r;-I~-q~ ------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone I Signature Date ----------------------------------------------------------------- LOT SPLIT PAGE 2 Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. - I hereby certify that this property has not been subdivided within the last three years. ~~~ S gnature 0 pp 1cant Lot Split Fee: Recording Fee Abstract property Torrens property ($100.0]:> & nn 4 . 5a~ / Date Paid lL ~ ~S" Il~ Ii': Receipt t 0.;2 ;;l q ;17 . Park Dedication: Rev. 5-06-93:d'A 5-25-94:bh 2-0l-95:bh Res. 179-91 (11-05-91) Date Paid Receipt * . , '; CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, June 27, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split request of Carl Franzen to split a parcel into two parcels pursuant to Ordinance No. 40 on the property located at 16241 Makah Street NW (PIN 18-32-24-24-0003), legally described as Tract J, Registered Land Survey No. 72. All written and verbal comments will be received at that time and location. '. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~iIo Vlctoria Volk, City Clerk Publication dates: June 16, 1995 June 23, 1995 '. I I L8322424 0003 :arl Franzen L624l Makah St. NW \ndover, MN 55304 18322421 0002 Robert & Renee Dickenson 16339 Makah St. NW Andover, MN 55304 L83 113 0004 Jea'r. Mulvany L6l34 Valley Drive NW \ndover, MN 55304 18322424 0004 Gerald & Sandra Millar 16287 Makah st. NW Andover, MN 55304 L8322424 0006 )avid & Lyla Miller L6200 Makah St. NW \ndover, MN 55304 18322424 0005 Mike & Sara Manthe 16250 Makah St. NW Andover, MN 55304 ,,, / \ " 18322424 0002 Pamela Deal 16191 Makah St. NW Andover, MN 55304 18322413 0003 Anoka County Hwy. Dept. 2100 3rd Ave. Anoka, MN 55303 18322424 0007 S. Mickelson & M. Laboc 16150 Makah St. NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 AGENDA f\O SECTION Discussion ORIGINATING DEPARTMENT ITEM f\O Planning =t: APPROVED FOR AGENDA Variance Sideyard Setback Street 3940 So. Enchanted Drive Don Jensen BY: David L. carlberg Planning Director &" REQUEST The city Council is requested to review the variance application of Don Jensen to Ordinance No.8, Section 6.02, which requires a sideyard setback of forty (40') feet from a street on the property located at 3940 South Enchanted Drive, legally described on the attached resolution. Mr. Jensen is requesting an 18.5 foot variance to allow him to construct a garage addition on a lawfully existing non-conforming lot. Therefore, Mr. Jensen also needs a variance to Ordinance No.8, Section 4.03, Non-Conforming Uses and Structures. / For further background information, please review the attached staff report from the June 27, 1995 Planning and zoning Commission meeting. PLANNING & ZONING COMMISSION REVIEW The Planning and zoning Commission on June 27, 1995, made the motion to recommend to the City Council approval of the variance request. Attached is a resolution for Council review and approval that reflects the motion made by the Commission. '. / MOTION BY: SECOND BY: Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 "age 8 I " ( (Public Hearing: Lot Split - 16241 Makah Street, Continued) Commissioner Putnam understood the concerns of the residents; however, the request meets all the criteria of the ordinanc~ and the lot owner also has rights under the ordinance, He is somewhat concerned about the access onto Seventh Avenue because it is a usy section of the road where cars travel at high speeds. If the t was closer to the curve, he would be even more concerned, He elt county input is needed regarding that access. MOTION by Jovanovich, Seconded Putnam, to forward the Resolution granting the lot split request f Carl Franzen to create two parcels pursuant to Ordinance No. with the recommendation 1) That the applicant pay park dedicati fees pursuant to Ordinance No. 10, Section 9.07.10; 2) That the lot lit is subject to a sunset clause as defined in Ordinance No. 40, S tion III(E); and add 3) To get written review from Anoka County f county road access and to have that written recommendation pri to the City Council meeting. There was a public hearing and there as some opposition. DISCUSSION: Commissioner Doucette understood the concerns of the residents, but at the same time she agrees with ommissioner Putnam, and that under the ordi'nance, as' written, s cannot deny it. Commissioner Putnam was concerned with the covenant of the developer and urged the residents to review its langua , Motion carried on a 4-Yes, 3-Abse el, Luedtke, Peek) vote This will be plac y 8, 1995, City Council agenda. ( @ VARIANCE - SIDEYARD SETBACK FROM STREET - 3940 SOUTH ENCHANTED DRIVE - DON JENSEN Mr, Carlberg reviewed the variances requested buy Don Jensen to allow for the construction of a garage addition on a single family residence on a lawfully existing nonconforming parcel. The construction will encroach 18.5 feet into the required sideyard setback from the street at 3940 South Enchanted Drive. Currently a garage does not exist on the property. In addition, the parcel does not meet the minimum district requirements for an R-1, Single Family Rural zoned parcel. Therefore, a variance is also needed from Ordinance No.8, Section 4.03, Non- Conforming Uses to allow the construction of the garage. The lot is very limited because of the pipeline easement and drainfield, The proposed location for the garage is the only place it can be placed on the lot. Staff is recommending approval. ~ During the Commission discussion, it was noted the proposed location does not infringe on the existing pipeline easement, that typically there is no sunset clause for variances, that the garage entrance is coming off Aztec, that the proposed size of the garage is fairly jstandard, that the house was built in 1971 which is the same year the /Zoning Ordinance was adopted, that the lot size is much smaller than the R-1 zone and probably should have been zoned R-2 which is directly to the south, that there is a definite hardship due to the characteristics of the property, that it would be a benefit to the neighborhood to allow the garage to be constructed for the storage of personal items. " Regular Andover Planning and zoning Commission Meeeting Minutes - June 27, 1995 . 7e 9 (Variance-Sideyard Setback from Street-3940 S Enchanted Drive, Cont.) MOTION by Doucette, Seconded by Jovanovich, to recommend to the City Council approval of this Resolution approving the variances requested by Don Jensen to allow for the construction of a garage addition on a single family residence on a lawfully existing non-conformiQg parcel. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the July 18, 1995, City Council agenda. ANCE - REAR YARD SETBACK - 996 140TH LANE NH - CHARLES ROWLEY Mr. Carlberg reviewed the request of Charles Rowley to allow for the cons uction and placement of a deck encroaching 8 feet into the 30-foot rear rd setback at 996 140th Lane NW, Lot 15, Block 7, Hills of Bunker Lake 5t: Addition. The deck would be located 22 feet from the rear property line. Only a 10-foot deck could be constructed without a variance. r. Rowley was unaware that he could not construct the deck as proposed at: the time his home was built. A sliding glass door exists where the de k is to be located. The house is built at the setback, so it could not ve been moved forward when it was built. Mr. Rowley has the option of oing with a 10-foot deck or get a variance. '1arles Rowlev - is proposing a 14 x 16-foot deck. Because of the _levation of the n use, the stairway has to be in the front. He is on a cul-de-sac, and n ither the people to the east nor west will be able to see the deck. B hind him is a pond area and the City park. He presented pictures 0 the area. The closest house to the rear is at least 1,000 yards aw because of the way the park and" pond are situated, so the deck '11 not be close to anyone else's back yard. That is one of the mai reasons he bought the lot. His house is completely done. His only other option is a 10-foot deck with stairs to the side. He would like t avoid that because it wouldn't leave much room for the picnic table, e c. He's asking for the variance to be able to make use of that back yar area. To the south is a bay window, and he plans to terrace the slope nder it. Commissioner Doucette did not ave an objection to this particular variance due to the fact that the e is the hugh park and pond behind him and it won't be on top of other roperty. Commissioner Putnam also stated if it weren't for that fact, he would be against it. He thought there are other options available, ut he does agree with the variance in this instance. Commissioner Jova ovich agreed. Chairperson Squires normally was not in favor of solving problem that is created by the applicant or builder; but this is a nique situation with the park, which makes the request much less noxio s. MOTION by Putnam, Seconded by Doucette, ,0 recommend approval of the '~ariance request of Charles Rowley to Orctinance No.8, Section 6.02 Nhich requires a 30-foot rear yard setback ep allow for the construction of a deck encroaching 8 feet into the required rear yard setb~ck at 996 140th Lane NW, Lot 15, Block 7, Hills of Bunker Lake 5th Addition. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the July 18, 1995, City Council agenda, \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION APPROVING THE VARIANCES REQUESTED BY DON JENSEN TO ALLOW FOR THE CONSTRUCTION OF A GARAGE ADDITION ON A SINGLE FAMILY RESIDENCE ON A LAWFULLY EXISTING NON-CONFORMING PARCEL THAT WILL ENCROACH 18.5 FEET INTO THE REQUIRED SETBACK FROM AZTEC STREET NW ON THE PROPERTY LOCATED AT 3940 SOUTH ENCHANTED DRIVE, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, Don Jensen has requested variances to allow for the construction of a garage addition to a single family residence located on a lawfully existing non-conforming parcel that will encroach 18.5 feet into the required setback from Aztec Street NW on the property located at 3940 South Enchanted Drive NW, legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and \ WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variances 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 hereby approves the variances requested to Ordinance No.8, Sections 4.03 and 6.02 as stated above on said property. Adopted by the City Council of the City of Andover this ____ day of , 1995. / CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk / EXHIBIT "A" . Th~t p:Jrt of: the NorthHe~t Q..1::Il:tel: of the South,,'e~t Qu~n:te): (N\'I~': of S\'l~) of: Section Seventeen (17), 'fo,.m:;hip 'l'hi.rty-t,,:o (?-2)~ Ronge T,..enty-fo~r (2/1) in l\noko County. Hinnesotn r1esc']:ibec1 DS follOt.)s: Commend.ng Dt Cl point on the North line of the North,.:est Quarter' of the Southwe5t ~\Clrter (NVI~ ,of m~~) of: Se~tion Seventeen (17). TOT/'nship Thirty-t",o (32), R:mge Tt"enty-f:our (2ll) .in l\noko County. HinnesotD, sClitl point being <] c1ist..nr:e of T"lO Hundred Thi.rty-four ~nc1 Forty-one Hundredths (2)4.41) feet E3St of the Northwest . r.6i:ner ,- of "s-cilcrNordi.~jcsi -QlinT."l:cr'.of the.-Soui:h,,~es-i:-"~u~rt.er--(NH~-or' -..---- SHr,); thenr:e South Seven degrees TIlirty-seven minutes Thirty-t".o se~onds (7037'32") EDSt a dist;]nce of On.e Hundrcd 'l"'lenty-nine and Four lIumJr'cc1ths (129.0ll) feet; then':"e South\-lesterly on a r.urve to the ri~lt having a radius of Seventy (70) feet a distance qf One Hundr.ecl 'ft'lent)' and Thirty-four Hundredths (120.34) feet; thenc:e North EirJlty-n5.ne der;r:ees Seven minutes Thirty-t,.:o seC"'oncls , (09007'32") \-Jest on Cl line pDrallel to the N01;th line of said .J North",est Quarter of the South"lest Quarter (N\'1~ of SH~:) a distance of Sevent~-three and Ninety-five Hundredths (73.95) feet: thenc:e South",esterl;r on 0 r:urvc to the left having a r3di.us of Seventy-three (7~) feet a distan~e of One Hundred Fifteen'3nc1 Seventy-eirJlI.; }tunc1rec1ths (J.15. 73) feet to a point "lhir:h is Thirty- three (33) feet Enst of , as measm:ec1 at right angle:; to. the "lest line of said North,.,.est Quarter of the South,<'est Quarter (N\.Ji; of 5\'11i,); thenr:~e Due 50uth on a line parallel to sai.d \'11:;t line a distanr.e of 1"')0 Hundred Si:~ty-si:;: <:Ind Thirteen Hundt'edths (266.1":t) feet; thenr:e Southeasterly on a curve to the left having a radius of: Seventy (70) feel: 0 d5.stanr:e of One Hundred T~,'enty-one and Seventy-seven Ihmclretlths (121. 77) feet; thence North EiGhty degrees Tnenty minutes (00020') East <l cl5.stanc:e of: One Hundred Four and Ninety-si.:-: Hundredths (lOll.96) feet; then~e EasteJ:ly on a "urve to the ri.g.1t havi.ng a radius of Three Hundrecl Ten (310) feet a distan,.c of: Onc Hundred Thirty and Seventy-five Hundredths (DO.75) feet; then'-e South Seventy-five clcgrees Thirty minuten (75030') East a di~t:1nr:e of: Seventy-nine ::md Nineteen Hundredths (79.19) [ect; then,-c Era:>tcrly on ~ ~U1:VC to the left: having.. ):<Jclius of T\oIO Ihmth:ed 'l'h:i.rty-t,,:o, (2~2) feet a distranc:e of Si-^ty ant1 Seventy": four Ih.mdr.cdths (60,7/1) fect; thenc:e Horth E:i.ghty-nine cJegr.ces '\ "Ih;.rty minute:; (U9 o'?'O , ) E:Jst a (.H.stan--:e of 1'~"o Hundred 5i.::t,,- ) :;even anel 'f','clve llunth:c'.lth:.; (267.12) feet; then,.e Southcast~rJ.\' on " nll:ve t: 0 thc 1:5.[:11 t h:.w ing a ):<t diun of: Seventy-three (73) . fect ;] tl;.stanr:c of One Hundr.ed Fourteen .:Inc1 Ninet'l-tlu:ec l-lunt1J:etlths (lJ.lI.9?) fect to 01 po~.n(: \:"11:i.r:h j.~ ThiJ:ty..tlll:ce (~~) feet Hc!:t of. ;15 me:tsurct! at 1:5.[')lt ::l\lgle5 1:0. " J.j.n~ One llunr.1l:cd Si,', :mc1 1""0- Thi.r(15 (lOG 2/3) 1:0C)::; H~st of:. ,:1 nIl p;1l::l11cl to. the Ea:-:t J.i.ne of _._\'. .1 .. JtJ\ ti..Jl 1'AIllI\gW, ,. .. ~ ., c: the South'.Je::;t QlI~'ll:tC:;: (S\ol?r,) of SD5.cl Ser-tion Seventeen (17); ! n.' ~. . .. - thenr:e South Zero cleG-ree::; Seventeen minutes Fifty-thl:ee se~ond~: :0 ;; (0017' 5;>.") Ea~t on a line p::Il:alleJ. to ~a5.c1 p,ll:allel linp.. One ~:~.~ Hundred Si.;: and l\.~o-Thirc\s (106 2/-:,) rod::; He5t of the East Une :' -:: of: saicl South,"le~t QlI~rter (S\-1],;) a c1:i.:;l:anr-e of T.o'o Huncll:ed Sevent'l1-." eight and Seventy-n5.ne Hunclredths (273.79) feet; thenr:e South- .. ~;._: westerly on a ~urve to the ri~1t havinr, a raclius of Seventy-thr~~ ~ (n) feet a c15.::;tnn~e of: One Hunch:ec\ Se'.'enteen and Sb:t}'-fo~r ,,~<:; llunch:edths (117 .6l.) feet; thenr:e North Eir).1ty-seven degrees :...:> Fifty-seven mi.nutes Fifty-three :iec:onds ({nOS 7' 5?o") He:it a --.-...---..distanr:~. of T"Jo.-Hundretl- Thirty-one .-and -Forty-one--Hundredths_.~ __ _.::o:-=::._ (231.41) feet; thenr:e \.Jesterly on a rurve to the left hav5.ng .':dr''; '" a radius of T,.~o Hundred Fifty-five (255) feet a c1istanr:c of Eighty-nine and Seventy-fhre Hundredths (39. 75) feet; thcmr:e South Seventy-one degrees Fifty-tt'lo m5.nlttes Seven ser:onds (71052' 07") \'lesl: n d:.i.stanre of Eighty-three and Fift~'-nine . Hundredths (33.59) feet; therir:c {'le5terly on 3 ('urve to the l:ight having;) r<Jdius of FOlr. Hunc.1re.d Nine (lI09) feet and a rcntral ang1~ of T~o degrees Eleven minutes Forty-seven sc~onds (2 0J.l' II 7") a dist<Jnce of Fifteen and Sixty-eir}.lt Hundredths . (15.6n) feet to the point of beginn5.nr, of: land to be descrihed; then,.e ~ontinlle \-Jester1y on said Four Hundred Nine (1~09) foot ,:acJ:i.us rllrve ,\.,:lth ::J t'entral ~ns:;le of Fifteen de~ees Thirty-e:i.gbt minutes Thirteen net:onds (J.5033' 13") <:I distanr.e of One Hundred Eleven and S:i.::ty-I:'\olo Huncb:etlths (111. 6?) feet; thenr:e South 7.ero degrees Seventeen minute:; F5.fty-three seronc1s (0017' 5311) East: a distance of Thirty-three (33) feet; thenr!?, South and p::lrnllel to the Hest line of 53i(1 North",est Qll<1r!cr of the South,.!est Qum:ter (N\-1~ of: S\~~) ~ c1istanr-e of One Hundred Ninet)' ::mtl Si::t,,-seven Hundl:edths (190.67) feet to the South line of n"id North,.:est Qll~l:ter of the Soul:h"lest QU<l1:ter (NHlr, of SH!z); thence Ea:;terl'l on said South line <:I d5.stanre of One lluntlrcc1 Ten (110) feet; th~nce North and parallel to the {.]est line of :;"ic1 NOl:th\,Jest Qum:tC1: of: the South,.~est Quarter (NHlz of S\~]r.) a c1ist:mr-e of: Tt..o Hundred Forty and EiChty-one Hundredths (2[10. (1) feet to the point of beginninc, except the East 3,15 feet thereof, / , , / PG. 2 CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 27, 1995 DATE AGENDA ITEM 7. Variance - Sideyard Setback - 3940 South Enchanted Dr. - Jensen ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director APPROVED FOR AGENDA BY'~ BY: REQUEST The Andover Planning and Zoning Commission is asked to review the variances requested by Don Jensen to allow for the construction of a garage addition on a single family residence on a lawfully existing nonconforming parcel that will encroach 18.5 feet into the required sideyard setback from a street on the property located at 3940 South Enchanted Drive, legally described on the attached resolution. The property is zoned R-1, Single Family Rural. APPLICABLE ORDINANCES ~ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-1, Single Family Rural zoned lot. Section 6.02 requires a forty (40') foot sideyard setback from a street. Section 6.02 also requires a parcel zoned R-1 to be at least 2.5 acres in size, have a lot width of 300 feet as measured at the front setback line, and have a minimum of a 440 s.f. garage. Ordinance No.8, Section 5.04, establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. BACKGROUND & REVIEW The applicant is requesting the variances to construct a garage addition to the house encroaching into the required sideyard setback from Aztec Street NW. Currently a garage does not exist on the property. In addition, the parcel does not meet the minimum district requirements for an R-1, Single Family Rural zoned parcel. Therefore, a variance is also needed to Ordinance No.8, Section 4.03, Non-Conforming Uses to allow the construction of the garage addition. \ J Page Two , Variance - Sideyard Setback / 3940 South Enchanted Drive Don Jensen June 27, 1995 The Commission should be aware that Ordinance No.8, Section 6.02, requires a single family home to have a minimum of a 440 foot garage in an R-1, Single Family Rural District. The Commission should also be aware that this is the only location for the garage to be constructed due to the location of the septic system drainfield and the pipeline easement. COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the variances requested by Don Jensen to allow for the construction of a garage addition on a single family residence on a lawfully existing non-conforming parcel that encroaches 18.5 feet into the required setback from Aztec Street NW on the property located at 3940 South Enchanted Drive, Legally described on the attached resolution. The Planning Commission finds that the proposal meets the conditions established in Ordinance No.8, Section 5.04. , B. J The Andover Planning and Zoning Commission may recommend denial of the variances requested by Don Jensen to allow for the construction of a garage addition on a single family residence on a lawfully existing non-conforming parcel that encroaches 18.5 feet into the required setback from Aztec Street NW on the property located at 3940 South Enchanted Drive, Legally described on the attached resolution. The Commission finds that the proposal does not meet the requirements set forth in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. C. The Andover Planning and zoning Commission may table the item. Staff Recommendation Staff recommends Option A. \ I / '\ \' ,~ '\. "\.. . .: 'x 4:-<;'(- . '3' ..- ~ "- "" . :,.. 'ii' .U..........'.I.I. 'II 110....' '-~ ","l'1", 'S7I."""""'j.1 - '\\1 , '';,... i.W.,....1 . . . [. """ - v '. '~-'-i.. . ~._~_, 1:._ J! ..'\ "',. "'I~' .. ",1,' ", ltH "'rbc..~" '" ":. . 'l'I.!f'~~l:~ a.\...' . - l/ ~}"'::~:x. ~i~'U:':T.4. ":H' - ~./ l.~.. ..~~'..:""!I . -rr_r.T. I ,,';c:F'r~.~:;.~_:,;:.~~.:_. I ~:~:_.:~.~~c . ~~... _.\_ ~~.. f-n =-==l:.=- - -- ..;:.:.;,:'.t:..-...,...-.,;....-..:.....~,. -~",!,,"..;.:..-.........,:...:\....\~ \.r~. ,.....:t:~.y\-.\~. 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E"f"\C'rv..n+pr\ l\r, f'lu) Legal Description of Property: ~ A ~kc..~ (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Description of Request OO("Q~p nM~-hil(,,\ -\-0 \-t.ou..c"t!- Specific Hardship ~1'YhljO ("\OP'tI':::'-+'~~ i-h'l~ (lf1rlk..h:I"'\"""> ~ \OLU(\m~. e.-\c;. Qrea\-e an e'{esO<"e. LU:. . ~\<:. 'S~~al"ld d{'Qif'.~~\d n'I""'0~ ~~\-..;~d ("'w. 'r \-v,'~F 0",("\ R(,,(\~Prl ~(~f~ 1.)('<> kn'J~ n ("\n+lIl"o\ 'jo.:-: ~\~\, <.>.),,",Q,/o' eo~;- ;~-w-o ;\- o.x . af'.d~r-oposed ~ar-~ -n-.,pl"P-Grt" ~ Ol'\"\ OIlc"lI\O\-.\t> c::;~ ~ n ~O"""'S- ',,,, <"'>1"'\ to Pn"",-t ....Irlp +~e. h~ as drcu.,){\. /" 4 I ' P< L Sect10n of Ordinance ::>.0 1/1.D:2 Current Zon1ng _ . ----------------------------------------------------------------- Name of Applicant ~ ~~~ Address 3C\Lin So Ef'\('\---o.~~d ~r f"\w Home Phone 3~?,-qC\Lf4 Business Phone ."),\_ to 7<&0 Signature ~/L ~~'\.. Date ~\Q'" ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- \ / VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family C ~ 75-00:> Other Requests - $IOO.OO Date Paid LRI /q~eceiPt i / ;);)Q3o Rev. 1-07-92:d'A 5-23-94:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: " J 1, If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property_ 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. " I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION fIO Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM fIO Planning ~ Q;L Variance Rearyard Setback 996 - 140th Lane NW Charles Rowley David L. Carlberg Planning Director 1. REQUEST The City Council is requested to review the variance application of Charles Rowley to Ordinance No.8, Section 6.02, which requires a thi,rty (30') foot rearyard setback on the property located at 996 - 140th Lane NW, legally described on the attached resolution. Mr. Rowley is requesting an eight (8') foot variance to allow him to construct a deck encroaching within twenty-two (22') feet of the rear lot line. For further background information, please review the attached staff report and minutes from the June 27, 1995 Planning and Zoning Commission meeting. PLANNING & ZONING COMMISSION REVIEW The Planning and zoning Commission on June 27, 1995, made the motion to recommend to the City Council approval of the variance request. Attached is a resolution for Council review and approval that reflects the motion made by the Commission. " ) MOTION BY: SECOND BY: ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R A RESOLUTION APPROVING THE VARIANCE REQUEST OF CHARLES ROWLEY TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY (30') FOOT REARYARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF A DECK ENCROACHING EIGHT (8') FEET INTO THE REQUIRED REARYARD SETBACK ON THE PROPERTY LOCATED AT 996 140TH LANE NW, LEGALLY DESCRIBED AS LOT 15, BLOCK 7, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Charles Rowley has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty (30') foot rearyard setback to allow for the construction of a deck encroaching eight (8') feet into the required setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variance request. , / NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance requested by Charles Rowley to Ordinance No.8, Section 6.02 which requires a thirty (30') foot rearyard setback to allow for the construction of a deck encroaching eight (8') feet into the required setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. Adopted by the City Council of the City of Andover this 18th day of July , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk I Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 Page 9 (Variance-Sideyard Setback Enchanted Drive, Cont,) MOTION by Doucette, Secon y Jovanovich, to recomm~nd to the City Council approval of t' esolution approving the variances requested by Don Jensen to a for the construction of a garage addition on a single fami esidence on a lawfully existing non-conformi~g parcel. Motion ried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote, This e placed on the July 18, 1995, City Council agenda, ~ VARIANCE - REAR YARD SETBACK - 996 140TH LANE NW - CHARLES ROWLEY Mr. Carlberg reviewed the request of Charles Rowley to allow for the construction and placement of a deck encroaching 8 feet into the 30-foot rear yard setback at 996 140th Lane NW, Lot 15, Block 7, Hills of Bunker Lake 5th Addition. The deck would be located 22 feet from the rear property line. Only a 10-foot deck could be constructed without a variance. Mr. Rowley was unaware that he could not construct the deck as proposed at the time his home was built. A sliding glass door exists where the deck is to be located, The house is built at the setback, so it could not have been moved forward when it was built. Mr. Rowley has the option of going with a 10-foot deck or get a variance. ,Charles Rowlev - is proposing a 14 x 16-foot deck. Because of the !elevation of the house, the stairway has to be in the front. He is on a cul-de-sac, and neither the people to the east nor west will be able to see the deck. Behind him is a pond area and the City park. He presented pictures of the area, The closest house to the rear is at least 1,000 yards away because of the way the park and ~ pond are situated, so the deck will not be close to anyone else's back yard. That is one of the main reasons he bought the lot. His house is completely done. His only other option is a 10-foot deck with stairs to the side. He would like to avoid that because it wouldn't leave much room for the picnic table, etc. He's asking for the variance to be able to make use of that back yard area. To the south is a bay window, and he plans to terrace the slope under it. Commissioner Doucette did not have an objection to this particular variance due to the fact that there is the hugh park and pond behind him and it won't be on top of other property, Commissioner Putnam also stated if it weren't for that fact, he would be against it. He thought there are other options available, but he does agree with the variance in this instance. Commissioner Jovanovich agreed. Chairperson Squires normally was not in favor of solving a problem that is created by the applicant or builder; but this is a unique situation with the park, which makes the request much less noxious. MOTION by Putnam, Seconded by Doucette, to recommend approval of the variance request of Charles Rowley to Ordinance No.8, Section 6.02 ) which requires a 30-foot rear yard setback to allow for the construction of a deck encroaching 8 feet into the required rear yard setback at 996 140th Lane NW, Lot 15, Block 7, Hills of Bunker Lake 5th Addition. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote, This will be placed on the July 18, 1995, City Council agenda. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 27, 1995 DATE ~~~e~i~~ - Rearyard Setback - 996 140th Lane NW - Charles Rowley ORIGINATIllIG DEPARTMENT Plannlng David L, Carlberg Planning Director APPROVED FOR AGENDA BY,=t BY: REQUEST The Andover Planning and zoning Commission is asked to review the variance request of Charles Rowley to allow for the construction and placement of a deck encroaching eight (8') feet into the required thirty (30') foot rearyard setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition, The property is zoned R-4, Single Family Urban. APPLICABLE ORDINANCES Ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-4, Single Family Urban zoned lot. Section ;.02 requires a thirty (30') foot rearyard setback. Ordinance No.8, Section 5,04, establishes the variance procedure and process. variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. BACKGROUND & REVIEW The applicant is requesting the variance to construct a deck encroaching eight (8') feet into the required rearyard setback The deck would be located twenty-two (22') feet from the rear property line. Currently, a ten foot deck could be constructed without the need for a variance as the single family residence is setback 40 +/- feet from the rear property line. The applicant has indicated that he was unaware at the time his home was built that he could not construct the deck as proposed. A sliding glass door exists where the deck is to be located, Please consult the attached application from the applicant for further details. Continued Page Two ,Variance - Rearyard Setback )996 140th Lane NW Charles Rowley June 27, 1995 COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend to the City Council approval of the variance requested by Charles Rowley to allow for the construction and placement of a deck encroaching eight (8') feet into the required rearyard setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition, The Planning Commission finds that the proposal meets the conditions established in Ordinance No, 8, Section 5,04. B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the variance requested by Charles Rowley to allow for the construction and placement of a deck encroaching eight (8') feet into the required rearyard setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. I The Commission finds that the proposal does not meet the requirements set forth in Ordinance No, 8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. The Andover Planning and Zoning Commission may table the item. C. Attached is a resolution for Commission review. The Commission may alter the resolution based on the recommendation of approval or denial. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ----ptlfl 'PCj 0."1/ q j RES. NO. R A RESOLUTION APPROVING/DENYING THE VARIANCE REQUEST OF CHARLES ROWLEY TO ORDINANCE NO, 8, SECTION 6.02 WHICH REQUIRES A THIRTY (30') FOOT REARYARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF A DECK ENCROACHING EIGHT (8') FEET INTO THE REQUIRED REARYARD SETBACK ON THE PROPERTY LOCATED AT 996 140TH LANE NW, LEGALLY DESCRIBED AS LOT 15, BLOCK 7, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Charles Rowley has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty (30') foot rearyard setback to allow for the construction of a deck encroaching eight (8') feet into the required setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. , WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets/does not meet the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval/denial of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby a~proves/denies the variance requested by Charles Rowley to Ord1nance No, 8, Section 6.02 which requires a thirty (30') foot rearyard setback to allow for the construction of a deck encroaching eight (8') feet into the required setback on the property located at 996 l40th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. / Adopted by the City Council of the City of Andover this day of , 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor V1ctoria Volk, City Clerk j I ,,,, ~:~ I R I (// .. ""..c I ~ ' - , - -.,. ,.. , I'_~ ----,-- -- "":-.... - - ~,~ Om, ----, ~-i ~ C. ~~' ....~..",) ~I') , l' -. ~ 1-' ---- -: C ~ >.. J.. I'~:' --. .l.. --____~__ _,' ------- .\ ,'>.../ V: ,\ ~~ -:'7:";~'" ~, 1\\ .;.. , , ~~'~~~i::~1 ~ ~~..~ ....~~". . b-J \l t ~ ~ \ ',< ", ,;'!: - '.. '~': ,!',~~" ". ,(I' ( . 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I I - ~f I ~ " G8': ,,; -',.,' : _.,.~ '-1, ' : ~ 1-- -- - , --r-;:-, '.;1, ;.:.:;ti:J1i. ~, Itif{" / ~ ~ - ~ ,I f: I ./,. ::tJ:I::J ....., ,..":1/J /.' ":J *'~ V\I ( i I :r! ~t~:::ii'.:~:,;'".::'~~.~ ~ll ~v.v~, ~~ ~---- ~ : I!' NB ~'-''''''''~..'ft,::' . ,.-'~ \~' , i' ./ ~,IJ' .i.o, .' :..., 'u ' -1".~ :' -II iJUNKER/ ~: -- ~. l"--y;-- Jfj 11::,',:'-"01.'.] ",,1: ...::~~~,...LAKlC(t.~...'.v""'-."r'2.(~ , flA~,~'N II~$~-" ,"l , ,!"., 11'.'..,~\I"'o(. ",.:\.~t.(~'. '. --+-....:...-.....:.:-1---- ---'r." .. .......'......3( -:-~~~ ,~- t~~~;..~7.1. .t. . ~~~I." . I . 1 .'! ' . .,. ~..." "t' r" .' , ~';;";,~~,lt~~~~'~..' II ; 1//; '1! ;~~..". ': '.'~~:'H,,' ~~~:,.HiLl\.~~,W_: ~'lh:.'. !'.. ~~ ..' -".. ::0;- ....:...... ....~'J .:jI:i:J , '. I ~y -~ -'--' . ",;-""-,.- -.'4 :........".... :-'r. .. II ___ .." .-\.~.....,......~ .Ie ~. ,J ~l ~.- JIf3': (" t;,R ~ r I[Fel ':'::~':"~ 'I-';'~."'~:,> ~..-.."'~~.,"~. -- ~ . ~ ('of O"l . '" II) z , PARK w o ('of ~ ~west line of the N,E, 1/4 of the N,E. I, !_n E-a-;tlin-;-~i th;-~~t 1/2--~--' . " "- ro , ., I / "- ~..--- ., '" ~ BURLINGTON ...--NORTHERN NATURAL GAS COMPANY EAS /-' ~ '. ...... '--East Right-of Way line of Burli' NORTHERN ( Formerly Bur1lngton Northern. Inc.. Or - SOo27I04"W 1C ~J.~c::.C'"1. ''''UOh'"''Il..a......(,.vlt.Ufl'':.lfllrnc. *' nt'glt....oering". -.~-;;'~I_-:"tlC,".' A;;n~",.t: A:.;~7;;;::.--..........-.... * ~'>>- 1< Certificate or Survey for: B~y.~c...e..d__.._h'_QJO_~ H OlJ se Address: Model Noma: 1\;01 ;~~~'1:~ 1'~ r - -- -... I , \ I I I I , I , , I ,u'PRTf'.:i.l S1,l\:~PEO smlVEY MUST p,,~, Nl !O!3 :;'rH: fOR IOOn!!r, Illspm"(J1; It GI\Il~r;E FLOOR SH^ll BE MINIMUM HI ^BOVE E)OSTIIIG STREET GR^OE WITH MAXlf,1UM SlOrF. OF 10 PERCENT, "< , . 14lJTH LANE N.W. f:..",'V ;/ ~o ,~--:.-~~ 6~ ,.~~,-r-R=l.b 48,<)0 ,(895. ., I i' \ I \ I " ~eb'\ ~' I " . I i I , i , ! /' '- !/\ ,(\ '" P~"f" I'\o\> ~'t '" .,;. .... I? c~. '1./,0. '" 'f4, -I- 1I-09a.1, /1@) 17 Iv ) rl-' - J' '~, . 861..'-1 lI.L---' t .....J __ ~'l~~_ lIaH.7 i !, i I I i i I . i-013I.s~ \:.,.< ... 801.'1 i i I \ i ! I ! ! '; I I ... - \, ( al}\:. < ~ N 88- 4'1' 20" 6 I ()'(;, ,,?. <Se~lL. l( 'LD I , -= ::) . 900,0 DenotAs ExlslJng Elevation .~~ Denoles Propo:Jed Elevallon =-=-= Denole3 DraInage & Ulility Easemenl Denole3 DraInage Flow Direelion PROPOSED HOUSE ELEVAllQt! V, iowcst-Floor E1~vlJlion: 083$ vllrf J!f. Top of OIoc~ Elevolton:J~'iI;,b.. V- r.M""I' ~lnh Flf"vot!on: fj<J ll,g V ~., 1'" \~' ;' ~ r ~ /\,.L ) CITY of ANDOVER VARIANCE REQUEST FORM Property Address -3CfC, Il{O 1e.-e., Jj,u). ~- Legal Description of Property: (Fill in whichever is appropriate): Lot IS- Block 7 Addi tion H:lls of r3G4.IQ/(t:~ s-tl ~J..fz:~_ Plat Parcel PIN (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Description of Request 6l~ '?Ip~ .30 ~J- ~ ,.U r , bJt... ~ ~~ ~.I - ~ ..L--t:. ...1-. ~ ~ ,i;: ~_, lir ~ I--- ,L.--L ~~;( ~-.. 5.Dr ~~ (J ~j -.I;z.-d Specific Hardship Current Zoning A-I Section of Ordinance ~:::-:;-~~~~;:::~---~---J=-)e:::;-~-~ 1'.. . Address crete, '''to 1:<.....""'- If/IA/ Home phone 7S7- A~ Business Phone '1:l~ -S'8''f?- Signature e- 4 ___ Date 4> -/7 - 'rs I ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- , / VARIANCE PAGE 2 '\ The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family U 75,QO:> Other Requests - $10 .00 &~ (' Date Paid '~,//1/4S Receipt # d- 3 () 14-- Rev. 1-07-92:d'A 5-23-94:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: \ I, If the request is in keeping with the spirit and intent of this Ordinance. ; 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. CITY OF ANDOVER REQUEST FOR COUNCIL AcrION July 18, 1995 DATE AGENDA SECTION NO Discussion Items ORIGINATING DEPARTMENT Planning ~ APPROVED FOR AGENDA ITEM NO Amend Ordinance No.8, Section 3.02 Front Lot Line David L, Carlberg, Planning Director n~ f, REQUEST The City Council is asked to review and approve the attached amendment to Ordinance No.8, Sections 3.02, Definitions. The amendment to Section 3,02 will clarify the definition of front lot line on corner lots located outside the Metropolitan Urban Service Area (MUSA) and lacking municipal sanitary sewer. , PLANNING COMMISSION REVIEW The Planning and zoning Commission on June 27, 1995 reviewed the amendment and recommends to the City Council approval of the amendment. Attached for Council review are the staff reports and minutes from the Planning and zoning Commission meeting. \ ) MOTION BY: SECOND BY: , CITY OF ANDOVER CO'JNTY OF ANOKA STATE OF MINNESOTA J ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3,02 DEFINITIONS NOTE: All other sections and subsections of the zoning Ordinance , shall remain as written and adopted by the City Council of the / City of Andover, Adopted by the City Council of the City of Andover this day of , 1995, CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk " I Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 ~~11 _ I --- (Discussion - Amend Ordinance No. 53 - ~~E~osures, Continued) considered by the City, but it could ~. Parameters would still have to be set regarding its location, ~6mmissioners Putnam and Doucette suggested the Staff raise thei~sue of a permit with the City Council, though it is not part of t~rdinance amendment. Commissioner Putnam noted a problem might ar~ when people move out. What was fine for the existing neighbors '~t not be acceptable to the new owners. Care would have to be t en with the regulations and the issuance of permits. \ stated when someone moves from Blaine, they are That might solve the problem Wl crrward the proposed 8, SECTION 3.02, 9:30 p.m. Mr. Carlberg explained Staff tried to improve on the definition of front lot line outside the Metropolitan Urban Service Area. To resolve the problem of what setbacks will be required, the definition allows the owner to designate the front lot line providing one of the lot lines abutting a public street meets the minlmum width requirement for the zoning district, and the setbacks shall be ~etermined by the designation of that front lot line. The Commission ielt the proposed language clarifies the setbacks that will be required. MOTION by Putnam, Seconded by Jovanovich, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 9:35 p.m. There was no public testimony. MOTION by Doucette, Seconded by Putnam, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote.9:35 p.m. Mr. Carlberg stated the setbacks from the street are the same on corner lots. This has no affect on the look of the area in the rural areas. MOTION by Putnam, Seconded by Jovanovich, to forward the amendment to Ordinance No.8, Section 3,02 definitions on lot line, front, to the City Council for approval. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the July 18, 1995, City Council agenda. OTHER BUSINESS .. Mr. Carlberg reviewed the Council action taken on planning items at their June 20, 1995, meeting. ,MOTION by Doucette, Seconded by Putnam, to adjourn. Motion carried on ,a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. The meeting was adjourned at 9:42 p.m. \. ml~CtfU~,I~ ~~~~1 ~1r~e~~, )f~~o~g Secretary CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 10. Public Hearinq Cont Amend Ord. No. 8 Section 3.02, Definitions DATE ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Director June 27, 1995 APPROVED FOR AGENDA BY: REQUEST The Andover Planning and zoning Commission tabled this item at the May 23, 1995 meeting pending further review by Staff, The Commission is asked to review the attached amendment to Ordinance No, 8, Section 3,02, Definitions. This item is being brought to the Commission at the direction of the City Council, The Council discussed this item at their April 18, 1995 meeting. Attached is a proposed amendment for Commission review and discussion. J \, J Regular Planning and Zoning Commission Meeting Minutes - May 23, 1995 Page 5 \ I (Public Hearing: Amend Ordinance 87, Snowmobiles, Continued) Winslow Holasek. 1159 Andover Boulevard NW was concerned with enforcing the ordinance. He had pictures showing the damage snowmobiles do to crops by driving over the fields in the winter. He understood the snowmobile club will be trying to enforce/' the provision that snowmobilers not travel on private property, ,It hasn't worked in the past, but he hopes it does this time. Commiss~oner Apel felt there will be more education and more cooperation in ~n~orcing the ordinance, If the results aren't there, the City will h~ve to do something different. / Don Eveland, 14722 Crosstown Boulevard,~ - suggested rather than just saying a violation of the ordinance i'r'a misdemeanor, specifically state what that means. Chairperson Squir pointed out the revised ordinance does specifically state a fine of ot more than $700 or imprisonment of not more than 90 days, or both plus costs of prosecution in either case. Councilmember Bonnie Dehn agreed that enforcement will be the most difficult thing to obtain~ She noted that there is a hot-line to call about snowmobiling and tnat should be widely advertised. This amendment is the last option. If;the problems remain, she predicted the next step will be to eliminate %nowmobiling in parts of or all of the City. , ~drol n Fisher a compromise of club is very i viable solutio Without it, s e in Andover. Ta Force Member - explained the proposed revisions are t e members of the Task Force. She felt the snowmobile erested in trying to make this work, to make this a for all citizens so snowmobiling can stay in Andover. thought the recommendation will be no more snowmobiling MOTION b Apel, Seconded by Jovanovich, to close the public hearing. Motion arried unanimously. 8:25 p,m, by Apel, Seconded by Putnam, to recommend that we send to the Council a recommendation for approval of the ordinance regulating operation of all-terrain vehicles and snowmobiles within the City of dover as presented. Motion carried unanimously, 8:26 p.m, PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 3.02, DEFINITIONS - DEFINITION CLARIFYING FRONT LOT LINE REGARDING CORNER LOTS 8:26 p.m. Mr. Carlberg reviewed the proposed amendment to clarify the definition of front lot line regarding corner lots. By definition, the front lot line of a corner lot is the shortest dimension that abuts an existing or dedicated public street, and variances are needed if the narrow side is less than 300 feet. The City has allowed people to place 'heir homes in either direction. The amendment allows the property jwner or developer to designate the front lot line. The Commission discussed various scenarios regarding the direction a house would face, the back yard in relation to adjacent lots, and the Regular Planning and Zoning Commission Meeting Minutes - May 23, 1995 Page 6 \ I (Public Hearing: Amend Ordinance 8, Clairyting Front Lot Line, Cont.) effect of setbacks on the placement of a house. Chairperson Squires thought there may be some confusion as to when side yard and rear yard setbacks would be used and what effect that would have on adjacent parcels. Mr, Carlberg thought that could be an issue and suggested possibly a better solution to the problem would be to amend the definition of the setback lines. MOTION by Apel, Seconded by Jovanovich, to table this until Chairperson Squire's comments are straightened out. Motion carried unanimously, ISCUSSION - AMEND ORDINANCE NO.8, SECTIONS T RAPEUTIC MASSAGE AND CABINET MAKING AS DI USSION - ORDINANCE NO. 109, AN ORDINANCE MASS E 3.02, 4.30 AND 7.03 - HOME OCCUPATIONS and REGULATING THERAPEUTIC Mr. Carl erg explained the City Council referred this item back to the Commissio for further review. He did not attend the meeting when the Council di ussed the changes, but he thought there may have been a misunderstan 'ng concerning the setback of an accessory building when used for cabi et making and wood working. The ordinance for home occupations req 'res the accessory building to be no less than IOO feet 'om the front, feet from the side and 50 feet from the rear yard ~etback. He though the real issue is with the amendment on therapeutic massage. The concer was allowing the use as a home occupation, though the ordinance on horn occupations specifically limits the number of employees to one. The ther concern is with allowing them to go from house to house to perfo therapeutic massages, The Commission discussion a1 0 raised the concern with the inclusion of "or as a private club" on the ottom of page one of Ordinance 8, as it may have the potential of ening the doors to other types of undesirable activities, There s general agreement to delete that phrase from the proposed ordinance, Discussion was also on whether or not a therapist should be allowed to rovide the service at the home of other residents. The consensus wa this allows a service to the residents which will become more and m e important as the population ages, especially to those who are unabl to leave their homes, even though it is difficult for the City to moni They felt that with the required licensing, the controls are in p ace to prevent unwanted activities. Staff was directed to make the change in the 0 dinance relating to private club and to look at other provisions base on the Council's comments, then place the item on a future Planning C~ission agenda. ''"', 'ISCUSSION - AMEND ORDINANCE NO. 53, REGULATING DOGS - REGARDING DOG ,tNCLOSURES ~ Mr. Carlberg reviewed the proposed amendment to Ordinance No, 53 regarding the placement or location of kennel enclosures and the setback CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION Planning May 23, 1995 APPROVED FOR AGENDA BY'~ AGENDA ITEM Jr. Public Hearing Amend Ord. No. 8 Section 3.02, Definitions DATE ORIGINATING DEPARTMENT David L. Carlberg BY: Planning Director REQUEST The Andover Planning and Zoning Commission is asked to review the attached amendment to Ordinance No.8, Section 3.02, Definitions. This item is being brought to the Commission at the direction of the City Council, The Council discussed this item at their April 18, 1995 meeting. REVIEW Section 3.02 Definitions The proposed amendment to Section 3.02 would clarify the definition of front lot line regarding corner lots. The Commission is aware of the number of variances requested on the , lot width at the front setback requirement for corner lots. By / definition, the front lot line of a corner lot is the shortest dimension that abuts an existing or dedicated public street, Therefore, a corner lot may meet the 300' frontage requirement on one side but the strict interpretation would require a variance on the narrow side if it measures less than 300' (See Exhibit A). Attached is a proposed amendment for Commission review and discussion. " / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS NOTE: All other sections and subsections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. ~ J Adopted by the City Council of the City of Andover this 6th day of June, 1995, CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victor1a Volk, City Clerk \ J Regular Andover City Council Meeting Minutes - April 18, 1995 Page 3 \, I APPROVE PRELIMINARY PLAT/WOODLAND MEADOWS 2ND ADDITION Mr. Haas reviewed the preliminary plat of woodland Meadows 2nd Addition which consists of 17 single family rural residential lots. He also reviewed the variances being requested. The Planning Commission did not agree with the variance from submitting the Special Use Permit application for an area identification sign in conjunction with the preliminary plat; however, the Planning Department disagrees with that interpretation. The proper procedure is to vary from the ordinance as written. The developers will still be going through the process of a Special Use Permit; the variance is from the requirement to go through the process in conjunction with the preliminary plat. The Andover Review Committee has also recommended the preliminary plat be reviewed by the utility companies over the petroleum pipeline and UPA easements, The Park and Recreation Commission is recommending cash in lieu of land because of an existing park to the north which is currently undeveloped. In discussion with the Council, Mr. Haas also explained the variance from the 150' x 150' pad is because of the wetland all around the parcel. The parcel meets the 39,000 square-foot requirement, but the pad is about 100 feet at the narrow point. 3vron Westlund, Woodland Development explained the variance from 'cdinance 10, Section 9.01 to cover all contiguous land. The entire 80 dcres is still held in fee by the Humphreys. Woodland Development is purchasing 60 acres on a contract, and the Humphreys will retain 20 acres for the homesite with no intention of developing it further. Mr. Haas noted this is being platted under the old ordinance prior to the changes approved which require the inclusion of all the owner's contiguous land. Attorney Hawkins felt that is a technicality that can be left in the Resolution. Council suggested the specific reason for the variance be noted in the Resolution to avoid a problem in the future of other developers asking for exceptions to the ordinance requirement. MOTION by Dehn, Seconded by Kunza, that the Resolution presented before us this evening be approved by the City Council, the preliminary plat of Woodland Meadows 2nd Addition as being developed by Woodland Development Company located in Section 10, Township 32, Range 24, Anoka County, Minnesota, with the emphasis on No.4, an explanation as to the purpose of the variance citing the explicit reason as to ownership and the contract for deed. (See Resolution R054-95) Motion carried unanimously, APPROVE PRELIMINARY PLAT/TIMBER MEADOWS 3RD ADDITION Mr. Haas reviewed the proposed preliminary plat of Timber Meadows 3rd Addition which consists of 14 single family rural residential lots. A portion of Timber Meadows 2nd Addition is being replatted as a part of ~he request. The variances being requested were also explained. The 'Andover Review Committee recommended the variances be granted, and the Planning and zoning Commission recommended approval of the plat with one no vote, Commissioner Apel did not have a problem with the plat but to the trapezoidal lot configurations created in an attempt to meet the Regular Andover City Council Meeting Minutes - April 18, 1995 Page 4 \ I~pprove Preliminary Plat/Timber Meadows 3rd Addition, Continued) letter of the ordinance. He felt it would be to the City's and future residents' benefit to allow rectangular lots and grant the necessary variances. When Timber Trails was developed, the Council approved variances for rectangular lots rather than gerrymander them to meet the ordinance. Bvron Westlund. Woodland Develooment - stated the lots affected would still be 2,5 acres if the lot lines were straightened out. Variances would just be needed for lot frontages, Only four lots would be affected. Councilmember Dehn asked about the ability to subdivide the lots in the future. Mr. Erickson stated the configuration could have an impact on future lot splits, Rectangular lots are easier to split, MOTION by Jacobson, Seconded by Dehn, the Resolution as presented to the Council, (See Resolution R055-95 approving the preliminary plat of Timber Meadows 3rd Addition) DISCUSSION: Councilmember Jacobson felt there could also be problems by trying to square off the lots. His motion is to approve the plat as presented. Motion carried unanimously. fjlMOTION by Jacobson, Seconded by Dehn, that the City Council request the J~ Planning and Zoning Commission to look at the definition of lot line ~. front in Ordinance No. 8 to better reflect the realities in the rural / area as to the location and facing of the house on the particular lots ; ':1d which section of the lot is considered the front and which is ~onsidered the side, Motion carried unanimously. The Council recessed at this time to hold a Housing and Redevelopment Authority meeting, 8:08; reconvened at 8:20, EXPENDITURE OF PARK DEDICATION FUNDS/CAPITAL IMPROVEMENTS MOTION by Knight, Seconded by Kunza, that we approve the moving of $12,000 from the park dedication funds that we received from Pov's pull tabs to the Public Works/Parks Department to update old equipment in various parks, etc, DISCUSSION: Councilmember Jacobson wondered whether it would be better to wait until after the park bond election. Park Commissioner Dave O'Toole - explained Kevin Starr, Public Works Supervisor, attended their meeting and explained they will run over budget. This will help defray those costs and will be used for items that were not proposed to be covered with bond proceeds. Motion carried unanimously. SPECIAL USE PERMIT/KENNEL LICENSE/16157 HANSON BOULEVARD NW Vicki Haaen. 16157 Hanson Boulevard NW - has lived on their six wooded lcres for six months. They have owned their Shetlands since 1976, pointing out the other places they have lived over the years with 10 adult dogs with no complaints. They are her pets and are show dogs. She does not board nor breed dogs. Her dogs are debarked and are in the house all night and while she is at work. / ~ ! Lodging Room: A room rented as sleeping and living quarters but wlthout cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one (1) lodging room. Lot: A parcel of land occupied or used or intended for occupancy or used by a use permitted in this Ordinance, abutting on a public street, and of sufficient size to provide the yards required by this Ordinance. Lot Area: The area of a lot in a horizontal plane bounded by the lot lines. Lot Area Per Familr: The number of square feet of lot area required per dwell~ng unit. Lot, Corner: A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty- five (135) degrees. Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Line: A lot line is a property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance. Lot Line, Front: That boundary of a lot which abutts an existing or dedicated public street and, in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the City Council. Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10') feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10') feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Lot Line, Side: Any boundary of a lot which is not a front lot line or a rear lot line. Lot of Record: Any lot which is one (1) unit of a plat heretofore duly approved and filed, or one (1) unit of an Auditor's Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered but for which a deed, Auditor's Subdivision or Registered Land Survey has been recorded in the Office of the County Recorder of-Anoka County, Minnesota, prior to the effective date of this Ordinance. Lot, Through: abutting two not a corner be front lot A lot which has a pair of opposite lot l~n~s, (2) substantially parallel streets, and wh~ch ~s lot. On a through lot, both street lines shall lines for applying this Ordinance. 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'-... '-... x., '-... '- ........./ " ('"" 7' " / ..II.. --z,. AI... .:.!.:. r. ~1~~Y ,.- - . -; '\ " - .:J.:.. -. , " -... 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY of ANDOVER " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as ,soon thereafter as can be'heard, on Tuesday, May 23, 1995 at the Andover City Hall,',1685 Crosstown Blvd. NW, Andover, MN to discuss and amend Ordinance No. 8, Section 3.02, Definitions. 'Th~ proposed amendment will ' clarify the definition of front lot line regarding corner lots. All written and verbal comments will be received at that' 'time and location. \ / '&~ ilL? Victoria Volk, City Clerk Publication dates: May 5, 19~5 May 12, 1995 / CITY OF ANDOVER REQUEST FOR COUNCIL ACfIQl8ly 18, 1995 DATE AGENDA. SEC,T10N NO -D1Scuss10n Item ORIGINATING DEPARTMENT Planning Department APPROVED FOR AGENDA ITEM NO Amendment to Ordinance No. 53, Dog Ordinance David L. Carlberg Planning Director 9. ~ L_ ~ REQUEST The City Council is asked to approve the attached amendment to Ordinance No. 53, Dog Ordinance. Said amendment will establish provisions regulating the placement of dog enclosures. The Council, at their June 6, 1995 meeting, referred this item back to the Planning and Zoning Commission for further review. PLANNING AND ZONING COMMISSION REVIEW , / The Planning and Zoning Commission, at their June 27, 1995 meeting, reviewed and discussed the proposed amendment and requested changes as indicated in the attached minutes from that meeting. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning ana Zoning Commission recommends to the City Council approval of the amendment to Ordinance No. 53, MOTION BY: SECOND BY: \ I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 53F AN ORDINANCE AMENDING ORDINANCE NO. 53 ADOPTED THE 17TH DAY OF FEBRUARY, 1981, COMMONLY KNOWN AS THE DOG ORDINANCE. The City Council of the City of Andover does hereby ordain: Ordinance No. 53 is hereby amended as follows: SECTION 23, DOG ENCLOSURES and on 1. Screening: Dog enclosures must be screened from view of adjacent property. / Adopted by the City Council of the City of Andover this _ day of , 1995. CITY OF ANDOVER \ J. E. McKelvey, Mayor ;' ATTEST: Victoria Volk, City Clerk Regular Andover Planning and zoning Commission Meeeting Minutes - June 27, 1995 'age 10 J ( @J DISCUSSION - AMEND ORDINANCE NO. 53, AN ORDINANCE REGULATING DOGS - AMENDMENT RELATING TO DOG ENCLOSURES Mr, Carlberg explained the City Council asked the Commission to again review the placement or location of a dog enclosure and the setbacks of the enclosure from property lines. At the June 6, 1995, meeting, the idea of a 50-foot setback was brought up. He then compared the dog enclosure locations as proposed in Andover with what is allowed in the Cities of Blaine and Edina. Edina does not allow any side yard kennels, and they have to be 20 feet from the rear and side yards in the rear yard. The Commission is charged with what should be an appropriate location of a dog enclosure. He pointed out that any change would only apply to new dog enclosures and those existing ones to be founu a health hazard. During the Commission discussion, it was suggested that the ordinance would allow dog enclosures in the back yards, attached to a garage if desired, but not on the side of the garage, That would satisfy the concerns of dog enclosures in the side yards, which was the original concern that brought this about. Commissioner Doucette felt the 50-foot setback was too restrictive. She felt 40 feet from an adjacent structure is sufficient for the R-4 district. She did not want to '~liminate them from the side yard either, especially in the larger ,lot 'areas in the rural district, Others understood the side yard issue for larger lots, and the suggestion was then made that perhaps not allowing dog enclosures in the side yard should be limited to the urban areas. Mr. Carlberg suggested Section 23, Item 2, Placement, read: A dog enclosure shall not be placed closer than 40 feet from an adjacent residential dwelling or principal structure and at least 10 feet from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in R-4 Districts, no dog enclosure shall be placed in the side yard, The Commission generally recommended that change to the City Council, with the exception of Commissioner Doucette who still preferred the current language. A resident in the audience asked about the definition of a dog enclosure. Another expressed concern over the elimination of the dog enclosures from side yards, as he preferred to have them in the side yard to be able to see the front driveway, etc., for security reasons. Another asked why this isn't being handled by the Humane Society, rather than adding another agency. Also, the kennel cannot be placed in the middle of the yard with no trees. One has to consider the comfort of the dog that is outside. Someone suggested the City require that a permit be pulled to construct the dog enclosure, then handle the location on a case-by-case basis. Another gentleman opposed a permit, stating it is just another tax. Deal with the issue and go from there. '\ , IMr. Carlberg explained the ordinance definitions and requirements, that the fencing of the entire yard is not considered a dog enclosure. The Humane Society is concerned with the health and welfare of the animals; the City is concerned with nuisances that affect the people. The issuance of a license to construct a dog enclosure has never been Regular Andover Planning and Zoning Commission Meeeting Minutes - June 27, 1995 , /ge 11 \ (Discussion - Amend Ordinance No. 53 - Dog Enclosures, Continued) considered by the City, but it could be. Parameters would still have to be set regarding its location" Commissioners Putnam and Doucette suggested the Staff raise the issue of a permit with the City Council, though it is not part of the ordinance amendment. Commissioner Putnam noted a problem might arise when people move out. What was fine for the existing neighbors might not be acceptable to the new owners. Care would have to be taken with the regulations and the issuance of permits. Maraaret DuPont - stated when someone moves from Blaine, they are required to take the dog kennel with them, That might solve the problem with people moving. Mr. Carlberg stated he will forward the proposed wording for the ordinance amendment to the City Council. 8, SECTION 3.~2, 9: 30 Mr. Carlberg explained Staff tried to improve on the defini on of front lot line outside the Metropolitan Urban Service Area. resolve the problem of what setbacks will be required, the definitio allows the owner to designate the front lot line providing one of the ot lines abutting a public street meets the minImum width cequirement or the zoning district, and the setbacks shall be ,etermined by he designation of that front lot line. The Commission ielt the propose language clarifies the setbacks that will be required, MOTION by Putnam, econded by Jovanovich, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 9:35 p.m. There was no pu ic testimony. Mr, Carlberg stated the setba ks from the street are the same on corner lots. This has no affect on to look of the area in the rural areas. ded by Putnam, to close the public hearing. -Absent (Apel, Luedtke, Peek) vote.9:35 p.m. MOTION by Doucette, Sec Motion carried on a 4-Yes, MOTION by Putnam, Seconded by Jo anovich, to forward the amendment to Ordinance No.8, Section 3.02 def"nitions on lot line, front, to the City Council for approval, Motion rried on a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote, This will be aced on the July 18, 1995, City Council agenda. Mr. Carlberg reviewed the Council their June 20, 1995, meeting. ... OTHER BUSINESS planning items at '~OTION by Doucette, Seconded by Putnam, to adjourn. Motion carried on /a 4-Yes, 3-Absent (Apel, Luedtke, Peek) vote. The meeting was adjourned at 9:42 p.m. \~t~ctfu~I~~~~~1 ~~r~~~~, )(~~O~g Secretary , / CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION June 27, 1995 AGENDA ITEM 9. Discussion Amend Ord 53 Regulating Dog Enclosures DATE ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director BY: APPROVED FOR AGENDA B~ REQUEST The Planning and zoning Commission is asked to review and discuss a proposed amendment to Ordinance No. 53 regarding the placement or location of kennel enclosures or structures. The City Council on June 6, 1995, reviewed a proposed amendment to Ordinance No. 53, an Ordinance Regulating Dogs and directed the Planning and zoning Commission to again review the placement or location of the dog enclosure and the setback of the enclosure from property lines. Staff asks for direction from the Commission at this time. ) J Regular Andover City Council Meeting ,Minutes - June 6, 1995 /page 8 (Special Use Permit/Commercial Greenhouse va11ey-Drive, Continued) MOTION by Kunza, Seconde with the two addi ' the Specia e Permit) c vote. night, to accept the Resolution as stated conditions. (See Resolution R098-95 granting Motion carried on a 3-Yes, 2-Absent (Dehn, cf) APPROVE AMENDMENT TO ORDINANCE 53/DOG ENCLOSURES Maroaret DuPont. 3463 133rd Lane - explained she originally presented a petition with over 100 signatures who do not want dog enclosures placed between their homes. The Planning Commission has stated the intent of the ordinance amendment is to keep dog enclosures out of the side yards and to get them in the back yards. The proposed 40 feet from an adjacent residential dwelling does not keep it out of her side yard. In her June 3, 1995, letter to the Mayor she is proposing 50 feet, which she believes would follow through with that intent and would satisfy at least 100 petitioners. Mr. Carlberg explained everyone was in agreement at the Planning Commission that 40 feet as proposed would meet that intent. The 50-foot proposal was not mentioned at the Planning ,Commission meeting. There is not 40 feet between most houses in the )urban area, and he didn't understand why the proposal would'not work. ( The petition with Ms. DuPont's June 3 letter seems to be the same one presented at the beginning of the process. Ms, DuPont - stated her proposal would satisfy the petitioners. They feel they have already compromised enough by letting the dog enclosures be 10 feet from the back lot line. The proposed 40 feet from the adjacent residential dwelling does not keep them out of the side yards, which is the intent. She also felt she was treated rudely and cut off at the last Planning Commission meeting. This has been debated for four months, and the residents have compromised over and over. Mr. Carlberg explained this amendment will not cover existing kennels unless they become a nuisance. This is for the placement of new kennels, It was felt the 40 feet would accomplish the intent, and Ms. DuPont agreed at the May 23 Planning Commission Meeting. Now she is saying it must be 50 feet. Ms. DuPont - had agreed with the 40 feet at the meeting; but then she measured her yard and found that it was 52 feet between her house and the neighbor's, That would allow a kennel in the side yard, which is what she is trying to avoid. She is asking for a change. After some discussion on what had taken place, the Council suggested the Planning Commission once again look at the item and consider th,e 50-foot requirement, )MOTION by Knight, Seconded by Kunza, to let the Planning and Zoning Commission look at 50 feet. Motion carried on a 2-Yes, 1-No (Jacobson), 2-Absent (Dehn, McKelvey) vote. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I ORDINANCE NO. 53F AN ORDINANCE AMENDING ORDINANCE NO. 53 ADOPTED THE 17TH DAY OF FEBRUARY, 1981, COMMONLY KNOWN AS THE DOG ORDINANCE. The City Council of the City of Andover does hereby ordain: Ordinance No. 53 is hereby amended as follows: SECTION 23, DOG ENCLOSURES 1. Screening: Dog enclosures must be screened from view of adjacent property. Adopted by the City Council of the City of Andover this day of , 1995, CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: J Victoria Volk, City Clerk \ J June 25, 1995 Mr. David Carlberg City of Andover 1685 Crosstown Blvd Andover, Minnesota 55304 Dear Dave: Since dog enclosures is a discussion item on the Planning and Zoning Commission meeting agenda for June 27.1995. I would like to say something at that time, I would greatly appreciate it if you would let the members of the commission know this, / Thank you again for all your help in the above matter. ~uk Margaret DuPont 3463 - 133rd Lane N,W. Andover. Minnesota 55304 c.c; P~f~-"!J~~ I , J Jrme 25, 1995 Planning and Zoning Commission City of Andover 1685 Crosstown Blvd Andover, Minnesota 55304 SUBJECT: ORDINANCE 53, SECTION 23, STATEMENT 2 Dear Cbainnan and Members of the Commission: Back in Febrwuy of 1995 a petition was signed by at least 100 people to adopt the City of Blaine's ordinance for the placement of dog enclosures, Blaine's dog enclosure placement ordinance was effective March 15, 1990 and reads as follows: / "All dog enclosures shall be located not closer than thirty (30) feet to a side lot line or ten (to) feet to a rear line, except no dog enclosure shall be placed in a front yard, Also, all dog enclosures shall be screened from adjacent property by coniferous landscaping and/or opaque funcing,n Blaine's pmpose in revising their dog enclosure ordinance at that time was to eliminate dog enclosures from the side yard and place them behind the homes, This has proved affective in reducing enclosure complaints, The city of Blaine discovered that after viewing several single family neigbbothoods, there were only 15-20% of the homes that had dog enclosures, Theretore, Blaine's City Council members telt that the responsibility lies with the dog enclosure owners and that the majority of the people who did not have enclosures should not have to take responsibility and be affected by those dog owners who chose to have a dog enclosure, After several meetings with the Planning and Zoning Commission and the City Council, there is still no resolution to the question offootage for the placement of dog enclosures and a feeling that Blaine's ordinance is too restrictive for the city of Andover, The petitioners do not feel that it is too restrictive. At the June 6, 1995 City Council meeting Mr. David Carlberg stated that 30 feet worlcs for Blaine, and it does. Please see attached letter from Bryan Schafer, Principle Planner, City ofB1aine, , I The minimum lot size requirements for Blaine's R-l and R-lAA zones (comparable to Andover's R-4 zone) are 10,000 and 10,800 sQUare feel respectively, Andover's R-4 zone has a minimum lot size requirement of 1 L400 SQuare feet. It was also discussed that Blaine did not have as many i1regular shaped lots as Andover ~with Blaines homes being set up on a grid type pattern, Andover also has many homes in the grid type pattern.. Every city has curves in the road and cul-de-sacs, Wherever there is a curve in the road or cul-de-sac there will be ~ular shaped lots. Andover also has curves and cul-de-sacs. Blaine also has areas of wet lands just as Andover does for those irregular shaped lots, I Also, Jeff Johnson, Andover 'sCode Enforcement officer, did a survey of some older and ne'WeT neighboIboods....and toood that only lout of every 12 homes had a dog enclosure with 500/0 of them in the side yard and 500/0 of them located behind the home. This comes out to be only 8% of the homes surveyed had dog enclosures. Of those 80/0, only 4% of those had dog enclosures that would be affected by the ordinance Blaine has, This proves that the majority of the homes in Andover do Not have dog enclosures, This will only affect 4% of the homes in Andover, which means 96-/. of Andover residents would benefit from this. The point being that the majority of homes in Andover do not have dog enclosures and maily of those are dog owners, The petitioners also feel. that the responsibility lies with the dog enclosure owners and they should not have to be affected by the placement of their neighbors' dog enclosures, Also to prove that this is not too restrictive, Edina has an ordinance for the placement of dog enclosures that is 20 feet from a side lot line, Edina's minimum lot size requirement is 9,000 square feet, / Since the purpose of ordinance 53. section 23. statement 2 is to eliminate d~ enclosures from side yards and the commission reels that 30 feet from a side lot line is too restrictive, Then I propose that we word the ordinance 30 feet from a side Jot line between dweUiru!:s and principle structures. 20 feet from a side lot line from behind the home and 10 feet from the rear lot line, (See picture), With the larger lot size requirements we have in Andover (11,400 square feet) as compared to Edina's 9,000 square feet and Blaine's 10,000 and 10,800 square feet, I do not feet that adopting Blaine's dog enclosure ordinance is too restrictive, Also we too in Andover have the minority of the people affected by adopting Blaine's ordinance 000 teet from a side lot line, Isn't the pmpose of this ordinance to elimin~te dog enclosures from side yards? Does the majority rule or the minority? Who should take the responsibility for the dog enclosures, the owners or their neighbors? Let's make Andover a qua!ity city with quality orctimlnC'P.S that supports and affects the maiority of the people, ('%~) Sincerely, '-7lf~Jud-q-(}(~d-SJJ1k Margaret and Robert DuPont 3463 - 133rd Lane Andover, Mumesota 55304 \ , / cc: Mayor of Andover, City Cooocil Enclosure Pll '1 t:' ;~ r~o. r 10 -t / I r~)€..... -l; / 0 f~e_-t)~_h' --~ -" - ~l -~~ ------ '- in~LJ3Ut~;1 ,_'C1,,_-;j\ : I ! ,J' \ ~ i " l ~ ~ \ ~ 1, ,-~; \ ~ ~f~~t \~r-o n1 \ s:: \ I \ f ''-- \\tj , \ I '~ \ Q I, I I .......... _. -_.....-...... .-.::. I I \JJ l ~\; I ,'- ~ I ~~, i ~.'i -::} r'\ fe-e t- \/ ......~ \ ~ U . -l ~ ' '-J ,~. c~ Ii ~ ~ \\' S i elf I () + I ~' ~ Ilt\e. ,-t1; Q , J30 '-.'J ---,J _ ~ {<'et, ex ~ -, i -f.i d 1 '" -d '" V\ ..----- ,-- J-{ou~e, - <31 ;de 10+ L "ne.- b-e...h; "J... % '-€. h 0 111 e... -- --- ~ }+o use- -- + (0 ~'L* ) ~' I ~ +-r-c et City of Blaine 9150 Central Avenue N,E.. Blaine. Minnesota 55434-3499 (612) 784,6700 F~(612)785-6156 June 20, 1995 Ms, Margaret Dupont 3463 133rd Lane NW Andover, MN 55304 Dear Margaret, Attached you will find sections of the R-l and R-IAA zoning texts which have highlighting on the lot size and the width requirements, What you will notice is that the minimum lot size in both is 80 feet, with 90 feet required on corner lots, When I reviewed several single family neighborhoods I discovered that between 15-20% of the homes had dog enclosures, As we discussed, the purpose of the dog enclosure revision was to eliminate dog enclosures from the side yards and place them behind the homes, This has proved affective in reducing enclosure complaints, Good Luck, Sincerely, r... ' \~ov-'...-.. (" Brian K, Schafer Principal Planner BKS:hmw rv Jt~iv- Enclosure dupont,tbltrs u ~ C) \.) I ,..... I ~ o ::J ~ ~ ~ GJ III to z ... :c w a; ... c W II: :c ::> :c ... z ... :c ... o '" / ... I I III o I I U III I I III Z I I I I III ~ o o o .... 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E c "" c U .. .. .0 '" .. .. ... - .. c .. 00" -<= V> << ... t- o, b Ji.-ll 17 C , -) / /) - 2cJr?e (c) Rear yard setback, 30 feet, . (d) Garages and accessory building shall have rear & side yard setbacks of not less than 5 feet, (r -:.ended 3/15/90 Ord, 90,1193) (e) Conditional use permits under 29,34 (b,c,d, & e) shall have the following setbacks; building, 50 feet front, rear and side; parking - 30 feet front, rear and side, (Amended 3/15190 Ord. 90-1193) <0 't !.fi..i;'-;;':Jo1-;;;~~o..Oo.<t~lit, (' -<,) "Minimam-,-fot:width e.a"meaa~"u; the.:~t~~~ {Amended 3/15190 Ord, ''--'''-90-1.'193)'-'''~&''''---'' " '. '"'-'-'.:......- -"-.,,,,,,-,,!-~ (h) Minimum frontage - 50 feet, (Amended 3/15190 Ord, 90-1193) (i) Minimum depth - 125 feet, (j) Maximum building height shall not exceed 2-112 stories or 30 feet, whichever is less, (k) It shall be required for all single family dwellings that there be a garage constructed of a minimum of four hundred (4oo) square feet with no dimension less than twenty (20) feet, Total garage and accessory building space shall not exceed one thousand (1,000) square feet and 200 square feet respectively, The architectural style and color of a garage and accessory building shall be compatible with the principal building, The facing material of the garage shall be compatible with the principle building, Garage/accessory building access doors shall not exceed ten (10) feet in height, (Amended 4/21/94 Qrd, 94-1501) \ .1) No accessory building, other than a garage shall be located within any yard other than the rear yard. (m) Parking - 2 garage spaces + 2 off,street spaces. (Amended 1/19195 Ord, 95-1546) (n) For a single family dwelling, the minimum finished first floor area of the various kinds of dwellings shall be as follows: first floor area as used herein shall mean the overall dimensions of the first floor: (1) One story with basement - 1040 square feet; 1240 without basement, (2) Multi-level dwellings - 836 square feet, (0) r-;,. residential structure shall have a width ofless than twenty-four (24) feet at its narrowest point. W..lth measurements shall not take into account overhangs or other projections beyond the principal exterior walls, (p) All single family dwellings, other than earth sheltered homes, shall have at least a 3/12 roof pitch and shall have a shingled roof, (q) All residential dwellings must be built in conformance with the Minnesota State Building Code, (Amended 3/15190 Ord, 90-1193) (r) All residential dwellings shall have roof overhangs which extend a minimum of one (1) foot from the exterior wall of the structure, (s) Any metal siding upon residential structure shall have horizontal edges and overlapping sections no wider than twelve (12) inches, Sheet metal siding shall not be permitted in this residential district, (Amended 1-3-85, Ord, 84-856) 29,30-2 f3 /~{ ( )7 t:: j":;) - J ,f) /l Z 0/7 C (b) Side yard setback - 10 feet. Comer lots - 20 feet, J (c) Rear yard setback, 30 feet. (d) Garages & accessory buildings shall have rear & side yard setbacks of not less than 5 feet, (e) Conditional use permits under 29,3604 (b,c.d & e) shall have the following setbacks; building' 50 feet front, rear & side; parking - 30 feet front, rear & side, <:U) ..,.. '~i~i';;u.D(~;;;;:lo~8b[~~t;;t.: (t)c,,:ta'=a.- , :>::, -~Lo' 'j;"", '" ~It';:'~~,'!r , ... " .90.f8iiL.,.. (h) (i) (j) (k) Minimum frontage - 50 feet, Minimum depth - 125 feet, Maximum building height shall not exceed 2-112 stories or 30 feet, whichever is less, / It shall be required for all single family dwellings that there be a garage constructed of a minimum of four hundred (400) square feet with no dimension less than 20 feet, Total garage and accessory building space shall not exceed one thousand (1,000) square feet of gross area, The architectural style and color of a garage shall be compatible with the principal building, The facing material of the garage shall be compatible with the principal building, Garage and accessory building doors shall not exceed ten (10) feet in height, (Amended 4121194 Ord, 94-1501) (l) No accessory building, other than a garage shall be located within any yard other than the rear yard, (m) For a single family dwelling, the minimum finished floor area above grade shall be 1,240 square feet, (n) No residential structure shall have a width ofless than twenty-four (24) feet at its narrowest point, Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls. (0) All singie family dwellings, other than earth sheltered homes, shall have at least a 3/12 roof pitch and shall have a shingled roof. All residential dwellings must be built in conformance with the Minnesota State Building Code, (p) (q) Any metal siding used on residential structures shall have horizontal edges and overlapping sections no wider than twelve (12) inches, Sheet metal siding shall not be permitted in this residential district. (r) Residential driveways and vehicle parking areas shall not be constructed closer than three (3) feet to the property line, All driveways, approaches and vehicle parking areas shall be hard surfaced using concrete, blacktop, or equivalent paving approved by the City Engineer, \ J 29,300-2 \" \ " .,"1...;....--....:..,/ .~,(~<'!~ ',~ ~J- "..-1............".- Cilv ('\1 F :1f' . . t.. ,. t ~ June 12, 1995 Ms, Margaret Dupont 3463 133rd lane N. W, Andover, MN 55304 Dear Ms, Dupont: I am writing to follow up our conversation relative to general lot 'sizes and shapes in Edina, I would estimate about 60 percent of our lots were platted in the grid pattern with individual lots being rectangular in shape, Most of these lots vary in width between 45 and 60 feet, Post war lots are generally 75 feet wide. The balance of the J City is newer developments containing many cui de sacs with non,standard shaped lots, typically one-half acre in size. You also inquired about our intent when developing standards for the location of dog enclosures, As you are aware enclosures may not be closer than 20 feet to a property line, I believe the intent was to gain the largest reasonable separation from neighboring properties, - Sincerely, (!!rjjItJ 4~~<----- Craig lars'en City Planner CLljh \ ) City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424,1.194 (612) 927-8861 FAX 11>1 !1927,~h4, TDD ,f,121927,54hl CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ "No Parking" Issue/139th & Eidelweiss Todd J. Haas, Engineering ~ i'J( ~~L 10. The City Council is requested to further discuss the "No Parking" signs on 139th Avenue NW and Eidelweiss street NW in woodland Creek 3rd Addition as requested by Jody Theisen. \ I \ ) MOTION BY: SECOND BY: RECEIVED J JUL 07 1995 CITY (Jr-- AI'IUOVER July 7, 1995 To Whom It May Concern, " The homeowners of Woodland Creek 3rd addition would like to be placed on the July 18, 1995 city council adgenda, We would like further discussion regarding the No Parking signs on 139th Ave, and Eidelweiss 51. Thank You, . j!;t"!y- cJAe-<C~U1 Jody Theisen 7 ~. ,-L/ / ,'//~ '.... ,":/\ ~>l,)/l"// y-; ~J u/ v.,;.... -'7-.......-'-'-- !-r;i/ /I/j (J/J - 7 /--/ J~~ /~/(-/::"-,. " /1, " , / -/ ~.~-!' ~:~;;"L/) '_".O<-C-r / /- t' '^' " l~ (." j :.-J '7 /) J/'J' ;i.j( \1: r~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION July 18, 1995 ITEM f\O. Approve 1995 CDBG subgrantee Agreement DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning David L. c~rl~ ~17,;~ Planning Dlrector ~ AGENDAHRA '~fncm.r f\O. II. REQUEST The Andover Housing and Redevelopment Authority is requested to approve the Anoka County Community Development Block Grant Agreement between Anoka County, a political subdivision of the State 'of Minnesota, and the City of Andover. The agreement has not been received from Anoka County at this time but will be presented to the HRA at the meeting. \ ) \ , ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA I\Q SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Commission Richard Fursman, Administration ITEM I\Q Met Council Report BY~ Jc1. City staff will be meeting with the Environmental Committee of the Metropolitan Council on July- 25;-1995 to try and resolve the policy for on-site septic system inspection. staff will be arguing for a less restrictive policy which will allow the City to continue in some form the present on-site septic system monitoring with some form of inspection. , Attached with this item are Metropolitan Council staff correspondence with the City and with the members of the Community Development Environmental Committees, Staff is proposing a compromise be agreed to whereas the City would require pumping every 2 years. Additionally, the City would randomly test 100 systems per year over 7 years old. If there are philosophical differences with the approach to this situation it should be brought out on the 18th. Staff is looking for affirmation to the steps being taken. ) " ) MOTION BY: SECOND BY: .+~...fMetropolitan Council ~ Working for the Region, Planning for the Future / -\ ) June 29, 1995 nECFl!~,l~'!;'" --- -- 2.. B: ~..,.fll9 Dick Fursman City Administrator City of Andover 1685 Crosstown Blvd, N.W, Andover, MN 55304,2612 JUL 0 5 1995 CITY Ot- AI\JUQVER Dear Dick: I am writing to you to formally ildvise you about u\e T uly 25 Environment Committee meeting where the Council's biennial inspection policy for on,site systems will be reviewed. For your information, I have attached a memo that I worked out with Don Madore, the acting director of environmental planning and evaluation and Marcel J ouseau, manager of the wastewater management section of the Metropolitan Council. Please review the memo, I think it highlights some of u\e issues ulat we have discussed and issues that you have transmitted to ule Council previously, Weare still mulling over whether to invite other people to the meeting who have similar concerns with the Council's policy, The current plan is to give '.-./' Andover the sole opportunity to make its case before the committee after the staff has reviewed with the committee some of the background and issues related to the policy, In preparation for the meeting, Don Madore and I would like to come out to Andover sometime after July 10 to meet with you and review the issues for better understanding and to discuss the presentation to the committee. Please call me (291-6521) and let me know about blocks of time when it might be possible for us to come out and meet with you. and I will coordinate the meeting time with Don, If you have any concerns or questions, let me know, Otherwise we are looking forward to sitting down wiuI you prior to ule Environment Committee meeting on July 25 and discussing this matter. Chuck Ba en ne, Director Office of Local Assistance kp ~ ) Enclosure 230 East F1fth Street St. Paul, Minnesota 55\0\.1634 (612) 291.6359 Fax 291.6550 TDD/TIY 291-0904 Metro Info Une 229-3780 An Equal Opportunity Employer . 'Meeting of the Community Development and Environment Committees of June 20, 1995 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St, Paul, Minnesota 55101 612291-6359 TDD 612291-0904 Date: June 19, 1995 To: Members of the Community Development and Environment Committees From: Don Madore. Acting Director, Environmental Planning & Evaluation Dept., MCES (229-2058) Marcel Jouseau. Manager, Water Management Section, Environmental Planning & Evaluation Dept., MCES (291-6402) Subject: City of Andover/New Policy Considerations Issue: Should the Council continue to enforce its current on-site sewage disposal systems biennial inspection policy or should it grant limited exceptions until the sewer policy plan is updated and the on-site policy can be fully and formally reviewed? The city of Andover has requested a review of the Council's on-site sewage system inspections policy, The city has adopted the Council's biennial inspection requirement but has not yet implemented the ordinance, The Council has put the city on notice that the Council will not consider any future requests for MUSA expansions , or other amendments to the Local Comprehensive Plan until the city fully implements its on-site sewage J disposal ordinance, including the requirement for biennial inspection of the systems, The city has discussed the issue with staff on several occasions and has proposed various alternatives to the biennial inspection, including mandatory pumping every two years along with: 1, first inspection after a system is 7 years old; 2, inspect every system older than 7 years every four years; 3, city randomly test 100 systems per year of those systems over 7 years old, Staff proposes to prepare a brief report on the history of the policy, the need for the policy, whether it still serves a purpose and alternatives for a discussion with the Committees at a meeting in late July, The City of Andover will also present its perspective at that meeting, The interests of other communities with similar concerns may also be presented, Related issues: What role should the new Metropolitan Council play in the management of on-site septic systems? How does this specific issue relate to the need for a review of the rural development policy and extensions of the sewer infrastructure beyond the MUSA? Discussion and resolution of the above specific issue will be framed such that the larger policy issues can be addressed as part of the development of the Water Quality Policy Plan and the definition of the mission, vision, and scope of services for the Environmental Services Division, J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION t--.O. Staff, Committees, Commission ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t--.O. Richard Fursman, Administration BY\V Schedule Budget workshop /3. The City Council is requested to select a day in August to review 'the budget with staff during a budget workshop session. The Council may want to consider the idea of splitting budget items up with various Councilmembers to meet individually with that particular department before meeting as a whole to review the entire budget. ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t---O Non-Discussion Items FOR AGENDA ITEM City Clerk ~ t---O Approve Animal Control Contract Volk ~.~I v. /-! Attached is a copy of the 1995-1996 animal control contract with the Anoka County Humane Society, The changes in the contract are as follows: 1. Im~ound Fee - an increase from $30.00 to $32.00 per anlmal for the first day of impoundment. 2. Boarding Fee - an increase from $9.00 per day to $10.00 per day for each day after the first day of impound. ) 3. Quarantine Fee - an increase from $5.00 per day to $5.50 per day in addition to the regular boarding fee. Total boarding & quarantine increase would be from $14.00 to 15.00 per day. 4. Transportation Fee - increase from $15.00 to $16.00. 5. Vet Services Fee - an increase from $30/00 to $32.00 per hour 6. Disposal Fee - an increase from $.31 to $.35 per pound 7. Vaccination fee - an increase from $2.00 to $3.00 per animal 8. Euthanasia Solution Fee - 1cc increase from $3.74 to $3.80. Each additional .5cc increase from $.07 to $.08. Council is requested to approve the contract. ) MOTION BY: SECOND BY: -( p..nokJ. C \.c 0 "e,'IJ- ~~ -0 ~ \ / Humane Society 1411 Main Street. Coon Rapids, MN 55448. (612) 754-1642 Forl/W.rt' withuw M.'orJ$ ~.(;1" CONTRACT THIS ~TRACT, MADE AND ENTERED INTO THIS I s-r DAY OF A lOt tUYl. ;11 BY AND aETWEEN THE GREATER ANOKA COUNTY HUMANE SOCIETY, 1411 MAIN STREET, COON RAPIDS. MN 55448, HEREINAFTER REFERRED TO AS "HUHANE SOCIETY". AND THE CITY OF AM/JcJ//e~ . /~ R-S' <:: ~ dSSYd w,.J .ad"').. (, ()MfJ . A 1f.H:urU,,e , tV) /VI'-/ t.. S 07'r:J .r.s'.Jotf, HEREINAFTER REFERRED TO AS "MUNICIPALITY"~ WHEREAS, THE MUNICIPALITY IS IN NEED OF ANIMAL CONTROL SERVICES; AND WHEREAS, THE HUMANE SOCIETY IS QUALIFIED AND WILLING TO PROVIDE SUCH AN ANIMAL CONTROL PROGRAM; AND WHEREAS, THE MUNICIPALITY WISHES TO PURCHASE THESE SERVICES FROM THE HUMANE SOCIETY IN ACCORDANCE WITH THIS CONTRACT; -NOW THEREFORE. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AND UNDERSTOOD AS FOLLOWS: I, TERM THE TERH' OF THIS CONTRACT SHALL BE FROM AtvtM-t' / . /915 THROUGH ;::rU'-f .::; / . /19b ,UNLESS TERMINATED EARLIER AS PROVIDED HER IN. II, BASIC SERVICES THE HUMANE SOCIETY AGREES TO PROVIDE THE FOLLOWING SERVICES: 1, SHELTER FOR ANIMAL DROP-OFFS ON A 24 HOUR BASIS. 2. PICK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROM 1:00 PM TO 4:00 PM EACH DAY AND ALSO ON WEEKENDS FROM 1:00 PM TO 4:00 PM DEPENDING ON STAFF AVAILABILITY. RESPONSES TO REQUESTS FOR PICKUPS AND TRANSPORT WILL BE HANDLED IN THE ORDER IN WHICH THEY ARE RECEIVED AT THE SHELTER, INDIVIDUALS MAKING THE REQUESTS WILL BE ADVISED OF THE APPROXIMATE TIME WHEN PICKUP WILL BE MADE. , 3, ANIMAL EXAMINATIONS AND VETERINARY CARE (WITHIN THE SCOPE OF OUR ABILITIES) AS REQUIRED vlHENEVER STAFF IS AVAILABLE. / 4. BOARDING FOR UP TO FIVE (5) DAYS, 5, EUTHANASIA AND DISPOSAL OF ANIMAL IF REQUIRED, "\ ./ 6, COLLECT LICENSE FEES FROM OWNERS WHO RETRIEVE ANIMALS NOT PREVIOUSLY LICENSED, 7, HANDLE ALL ANIMAL ABUSE/NEGLECT CASES IN THE ANOKA COUNTY AREA IN COOPERATION WITH MUNICIPAL OFFICIALS \'1HEN NECESSARY. III. RESPONSIBILITIES OF THE MUNICIPALITY 1, THE MUNICIPALITY SHALL CALL THE HUMANE SOCIETY FOR PICK-UP OF ANIMALS DURING NORMAL BUSINESS HOURS, AS SPECIFIED ABOVE, OR WILL TRANSPORT THE ANIMALS TO THE SHELTER ON A 24 HOUR BASIS. 2. AFTER NORMAL BUSINESS HOURS, THE MUNICIPALITY SHALL OBTAIN TREATMENT FOR INJURED ANIMALS THAT ARE IN A LIFE-THREATENING CONDITION. THE HUMANE SOCIETY WILL PICK-UP THE ANIMAL AS SOON AS POSSIBLE AFTER TREATHENT, " IV, COHPENSATION / 1, THE MUNICIPALITY SHALL PAY THE HUMANE SOCIETY THE FOLLO\'/ING FEES: A, IMPOUND FEE: AN ADMINISTRATIVE CHARGE OF $32,00 PER ANIHAL FOR THE FIRST DAY OF IMPOUND. B, BOARDING FEE: $10.00 PER DAY, PER ANIMAL, FOR EACH DAY AFTER THE FIRST DAY OF IMPOUND. C, QUARANTINE FEE: IN ADDITION TO THE REGULAR BOARDING FEE, $5.50, PER DAY, PER ANIMAL, FOR ALL ANIMALS WHICH MUST BE QUARANTINED, D, TRANSPORTATION FEE: FLAT CHARGE PER CITY, SEE ATTACHED SHEET. E, VET SERVICES FEE: $32,00 PER HOUR, F, EUTHANASIA FEE: $.35 PER POUND DISPOSAL G. VACCINATION FEE: $3.00 PER ANIHAL H, EUTHANASIA SOLUTION FEE: 1 CC $3,80 EACH ADDITIONAL .5CC PLUS .08, 2, LICENSE FEES SHALL BE TURNED OVER TO THE MUNICIPALITY, 3, THE MUNICIPALITY WILL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET OWNERS, ,1, r.Hl\RGES FOR SERVICES. SHALL BE PAID IIONTHLY OR \HTHIN / THIRTY (30) DAYS AFTER SUBMISSION OF THE MONTHLY CLAIMS BY THE HUMANE SOCIETY TO THE MUNICIPALITY, V, COMPLIANCE WITH LAWS IN PROVIDING ALL SERVICES PURSUANT TO THIS CONTRACT, THE HUMANE SOCIETY SHALL ABIDE BY ALL STATUTES, ORDINANCES, RULES AND REGULATIONS PERTAINING TO OR REGULATING THE PROVISION OF SUCH SERVICES, INCLUDING THOSE NOW IN EFFECT AND HEREINAFTER ADOPTED. VI, AUDIT DISCLOSURE AND RETENTION OF RECORDS J THE HUMANE SOCIETY AGREES TO MAKE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE MUNICIPALITY AND, EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR, FOR THE PURPOSE OF AUDIT EXAMINATION PURSUANT TO MN, STAT. 16B,06, ANY BOOKS, DOCUMENTS, PAPERS AND RECORDS OF THE HUMANE SOCIETY THAT ARE PERTINENT TO THE HUMANE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE HUMANE SOCIETY FURTHER AGREES TO MAINTAIN ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER RECEIPT OF FINAL PAYMENT AND THE CLOSING OF ALL OTHER RELATED MATTERS. VII, INSURANCE THE HUMANE SOCIETY SHALL PURCHASE. MAINTAIN IN FULL FORCE AND EFFECT DURING THE TERM OF THIS CONTRACT AND PROVIDE PROOF OF THE FOLLOWING INSURANCE COVERAGE: A, WORKER'S COMPENSATION: COVERAGE AT STATUTORY LIMITS AS PROVIDED BY THE STATE OF MINNESOTA, B, COMPREHENSIVE GENERAL LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $1,000,000 PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY, C, BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $500.000 PER OCCURRENCE. COMBINED SINGLE LIMIT OF BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. THIS SHALL INCLUDE OWNED VEHICLES, HIRED AND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHIP. CURRENT. VALID INSURANCE CERTIFICATES MEETING THE REQUIREMENTS HEREIN IDENTIFIED SHALL BE FILED WITH THE MUNICIPALITY BEFORE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES ISSUED SHALL EVIDENCE. THAT THE MUNICIPALITY WILL BE NOTIFIED IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO CANCELLATION OR MODIFICATION OF COVERAGE, VIII, EARLY TERMINATION \ THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE. DELIVERD BY MAIL OR IN PERSON, TO THE OTHER PARTY, FOR PURPOSES OF SUCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBILKA. EXECUTIVE DIRECTOR GREATER ANOKA COUNTY HUMANE SOCIETY 1411 l.IAIN STREET COON RAPIDS MN 55448 CITY CLERK/MANAGER: CITY OF: IX, MODIFICATIONS ANY MATERIAL ALTERATIONS. MODIFICATIONS OR VARIATIONS OF THE TERMS OF THIS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN THEY HAVE BEEN REDUCED TO WRITING AS AN AMENDMENT AND SIGNED BY THE PARTIES. / X, ENTIRE AGREEMENT IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAINED HEREIN AND THAT THE CONTRACT SUPER CEDES ALL ORAL AGREEMENTS AND NEGOTIATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY IN EFFECT BETWEEN THE HUMANE SOCIETY AND THE MUNICIPALITY. THE PARTIES HERETO REVOKE ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT IS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HUMANE SOCIETY '/;/ _ ;j I. BY:~ f~~~ JD, -I-: * .--1-/ TITLE:~c?""""~ DATE: -:? / ~"1S CITY OF Bv. A' TITLE: BY: TITLE: DATE: / e.{ N1o~ C '1;'\l Of,> '\ ()....e. ~ Humane Society 1411 Main Street. Coon Rapids, MN 55448 . (612) 754-1642 EUTH SOLUTION FEE lCC - 3.80 8.5CC - 4.87 l,5CC - 3.89 9CC - 4.94 2CC - 3.9G 9.5CC - 5.01 2,5CC - 4,03 10CC - 5.08 3CC - 4,10 10.5CC- 5.15 3,5CC - 4,17 llCC - 5.22 4CC - 4,24 11. 5CC- 5.29 .1,5CC - 4,31 12CC - 5.36 SCC - 4,38 12.5CC- 5.43 5,5CC - 4,45 13CC - 5,50 6CC - 4.52 13.5CC- 5.57 6,5CC - 4,59 14CC - 5.64 7CC - 4,66 14.5CC- 5.71 7,5CC - 4,73 15CC - 5.78 SCC - 4.80 15,5CC- 5,85 / , I'"or llw.h' Wil/IOW 'H.'ortis t ...'''' "...V e.~ l\110ka C '1i-\) 0(,.> cJ'" ~ '\ I Humane Society 1411 Main Street. Coon Rapids, MN 55448. (612) 754-1642 WEIGHT/EUTH SOLUTION FEE 1 - .35 55 - 19.25 2 - ,70 60 - 21.00 3 - 1. 05 65 - 22.75 4 - 1. 40 70 - 24~50 5 - 1. 75 75 - 26.25 6 - 2,10 80 - 28,00 7 - 2.45 85 - 29.75 8 - 2.80 90 - 31. 50 9 - 3,15 95 - 33,25 10 - 3,50 100 - 35.00 11 - 3,85 105 - 36.75 12 - 4,20 110 - 38.50 15 - 5,25 115 - 40.25 16 - 5,60 120 - 42.00 20 - 7,00 125 - 43.75 25 - 8.75 130 - 45.50 30 - 10,50 135 - 47.25 35 - 12,25 140 - 49.00 I 40 14,00 145 50.75 - 45 - 15,75 150 - 52,50 50 - 17.50 " ) Fu,,!lou wi/hoUl words t ",to' ",V CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED r-n Non-Discussion Items FOR AGENDA City Clerk ITEM r-n ~ Approve Kennel License v. volk D,~t Renewals /5; The City Council is requested to approve kennel license renewals for the following: Dover Kennels, 16422 Hanson Boulevard Rescue st. Bernards, 4180 - 165th Avenue The renewal fees have been paid and we have not received any complaints regarding these kennels during the past year. ) \ ; MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE July 18, 1995 AGENDA t>O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion items ITEM t>O City Clerk /("., Approve Assessment Abate- ment/L. 1, Bl. 2, pheasant Meadows ~ ~. V. Volk~' ~ The special assessments for Project 92-18 were certified to Anoka County on November 16, 1993. The assessment roll included an assessment for PIN 34 32 24 43 0012, which was assessed under Project 92-10 on September 21, 1993. This assessment was paid in 1993' in full. The correct Property Identification Number that should have been assessed under Project 92-18 is 34 32 24 43 0011 (Lot 7, Block 1, Pheasant Meadows). ) The City Council is requested to abate the assessment under Project 92-18 for PIN 34 32 24 43 0012 and also to refund the 1993 payment in the amount of $889,67 and the first half of the 1995 payment in the amount of $417.34 for a total of $1,307.01. A check is included with the bills for this amount. ; MOTION BY: SECOND BY: Anoka County Division 01 Property Records & Taxation Abatement Form 7 (Rev 2/95) APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M,S.375,192) I Co~nty Auditor's Number For Taxes Assessed in 19...2.L / and Payable in 19~ County of Anoka Please print or type, Applicant's Name C-ity of Andover Applicant's Malllng Address Applicant's Social Security Number 1685 Crosstown Boulevard NW Applicant's Telephone Number ( 612) 755-5100 Andover. MN 55304 Date 01 Application July 18. 1995 DESCRIPTION OF PROPERTY I Property 1.0, or Parcel Number 34 32 24 43 0012 Sffeet Address (II dillerentthan above) City or Township School District Number 1994 - 134th Lane NW Andover 11 LEGAL DESCRIPTION OF PROPERTY Lot 1. Block 2, Pheasant Meadows APPLlCANrs STATEMENT OF FACTS c:pecial Assessments were incorrectly certified to the above property. APPLlCANrs REQUEST Include fund number & amount due for payable tax year being abated, not total principal amount. Abate assessments in the amount of $834.68 under Fund 2206. " Applicant's Signature Date NOTE: Minnesota Statutes 1988, Section 609,41, 'Whoever, in makin9 any statement, oral or wrinen, which is required or authorized by law to be made as a basis 01 imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material maner which the maker of the statement knows is false my be sentenced, unless otherwise provided by law, to imprisonment for not more than one year ar ta payment of a fine of not more than $3,000, ar bath: The following accurately reflects both existing and propose amounts, Tax Special Assessments Waste Fee Penalty Interest Costs Total r \ / Original Proposed Reduction o o Tax is Paid Date: , 19_ o Equal An ual o Declining Balance o Flat Tax o Abatement o Increase Tax is NOT Paid REPORT OF INVESTIGATION After examining the applicant's claims, I have carefully investigated this application a d find the facts to be as follows: CITYfTOWN COUNCIL RESOLUTION NUMBER: RESOLUTIO DATE: Signature of Investigator Date CERTIFICATIONS OF APPROVAL ' \. Note: For this abatement to be approved. the County Auditor and the County Board of Commls loners must favorably recommend Its / adoption, COUNTY AUDITOR'S RECOMMENDATION o Approved o Denied Auditor's Signature COUNTY BOARD OF COMMISSIONER'S ACTION (To be completec by County Auditor) o Approved o Denied I certify that at a meeting held ' 19_ the Co nty Board took the above official action on this abatement. This action was duly adopted and entered upon the min' tes of its proceedings as a public record, showing the names of taxpayers, other concerned persons and the amounts involved, CERTIFICATION OF FINAL APPROVAL (Completed only for approv d abatements) I further certify that the approval of this abatement has resulted in the following chan es: Reduction Of Special Assessments $ Reduction Of Penalties On Special Assmts $ Reduction Of Interest On Special Assmts $ Reduction Of Costs 0 Special Assmts $ Total Amount Of Red ction $ Total Amount Payable $ Signature of County Auditor Date CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION NQ Non-Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ Approve Ordinance Summary Flood plain Ordinance Planning ~ David L, Carlberg Planning Director '~ ~ 17, The City Council is-requested to-review and approve the attached ordinance summary of Ordinance No. 107, An Ordinance for the Management of Flood Plains. The Council adopted the Ordinance on Febr~ary 21, 1995. The Council must approve the text of the summary and determine if it clearly informs the public of the intent and effect of the ordinance. \ I MOTION BY: SECOND BY: , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 107 SUMMARY AN ORDINANCE REPEALING ORDINANCE NO. 50, ADOPTED SEPTEMBER 12, 1980 AND ORDINANCE NO. 50A, ADOPTED NOVEMBER 3, 1981 KNOWN AS THE FLOODPLAIN ORDINANCE. AN ORDINANCE FOR THE MANAGEMENT OF FLOOD PLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA THE CITY COUNCIL OF THE CITY OF ANDOVER DOES ORDAIN AS FOLLOWS: SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter l03F and 462, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Andover, Minnesota does ordain as follows: 1.2 Findings of Fact. / 1.21 The flood hazard areas of Andover, Minnesota are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of purpose. It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVISIONS. 2.1 Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Andover shown on the Official zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. \ I 2.2 Establishment of Official zoning Map. The Official zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the following: 1. Flood Insurance study for the city of Andover prepared by the Federal Insurance Administration dated March, 1980. 2. Flood Boundary and Floodway Map, and Flood Insurance Rate Map dated september 30, 1980 and the amended map panels (10 of 15 and 15 of 15 dated July 18, 1983). 3. A copy of the Federal Emergency Management Agency (FEMA) approval letter dated January 17, 1995 (including appropriate attachments) referencing the amended floodway boundary revision (map panel 0015) along Coon Creek between cross- sections "L" and "M" just upstream of the South Coon Creek Drive. / The Official zoning Map shall be on file in the office of the City Clerk and zoning Administrator. 2.3 Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 Interpretation. 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the zoning Administrator, the Board of Adjustment shall make the necessary interpretation All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Abrogation and Greater Restrictions. \ I No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of Page 2 \ I this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. 2.6 warning and Disclaimer of Liability. This Ordinance does not imply that areas outside of the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the city of Andover or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.7 Severability. If any section, clause, prOV1S1on, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. A printed copy of this Ordinance is available for inspection by any person during regular business hours at the office of the city Clerk. J , , Page 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION NO Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO Scott Erickson, ~ Engineering rJlL ~~ Adopt Assessment Roll/ Emerald Glen/93-11 /<6. The City Council is requested to adopt the assessment roll for Project'93-11, sanitary sewer, watermain, streets and storm sewer for Emerald Glen. The pending assessment was $8,155.89 and the levied assessment is $7,692.16. A copy of the assessment roll is in my office for your review. '\ ) Attached are the resolution adopting the assessment roll and letters from the developers waiving the assessment hearing. ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ I RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER, PROJECT 93-11, EMERALD GLEN WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or , before the 15th day of April, 1996 and shall bear interest at a rate of 7 percent per annum !rom the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of July , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk JUL-1<l5-1995 15:35 FROM SH~OCK ClJl'P~N[ES TO 7558923 P,01 ,', . .. . '<; . . ~ '. ;' :; . : j" " ' , · gkawVtOcleCl)ev~ot>me"L 9~c S2OQ'MAIN STREEt SUITE 300 . COON RAPIDS, MINNESorA 55448 (612) 421.3500 · FAX (612) 42H105 July 5, 1995 " " I I " I I ; ~: i ! i i , " I " I ':! I City ofAnddvet . ' , , ' I Attn:Mr: ScOtt Erickson:' , " I ,; I '" ," , ;, I .: ' '::! , '; i RE: Lots: ;.2,3. Bloci<,'1. ~ots 1, 2,3. 14, 15. 16, Bloc1< 2~ .:IDdLots 1~ 2; 3'1' 2, 13, 14,Bloek3, Emerald <?Ien, Andover. MN ' ; . ~.; ~ . ~'~ . '. ! Dear Mr, Erickson: "; I As sole oWners of the above ireferenced lots in Emerald Gleri, we waive otir right to a publiohea:ring:and acooptth~ proposed special assessmerits:as stated.: :: I . :", I, ':' \ :. I if you have any question~i pl~ase do not hesitate 10 contad ~e at (612)'4~1-3too, Thank you~: ; , 1 : ,: r ~ , :, : ,':', " I Since~ely,:> : : " ; '" ':: <:' , " ,; i ' SHAMROGK DEVELOPMEN;T. INC~ CJ~ /f/SftJ1zbL Jam~: M;,stanton. presi~nt! .! . ~. . J - @j3) ~ I I I I ! i j ,I .' ;. I i i I j : . i :j ajzlJMS: ': : ' , " . , , , . '" ;1 !: TOTFL P,l!ll ~!ibforb , '. I jllebdopment qtorp~rntiotl, 3lnc. 3640 - 152nd Lane N,W, . Andover. MN 65304 . 427p9217 June 30, 1995 Mr. Scott Erickson City Engineer City of Andover 1685 Crosstown Blvd Andover, MN 55304 Dear Mr. Erickson, BE: Emerald Glen lote 1-17, block l~ 4-13, block 2, and lots 4-11, block 3. ^6h~ord Development Corporation, Inc. wi~hes to W~'VA its right to a public h~dring and accept the proposed special assessment Of $7,692.16 per lot for the above lots in ~merald GrAn. Sincerely, HW~ J9rry Windschitl, ?r.RRident Ashford Development Corporation, Inc. I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ scot~ Eri~kson"r Englneerlng (J L BY: Order Feasibility Report/ 95-l2/Well *6 /9, \ J The City Council is requested to order the feasibility report for the construction and development of Well *6. With the continued growth in the City, the additional well is necessary in order to meet the current water demands. The location of the well will be identified in the feasibility report. The funding for this project would come from the Trunk Water Fund. , ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WELL #6 PROJECT NO. 95-12 , IN THE CITY OF ANDOVER WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically Well #6 in the area to be determined under the feasibility report ; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that: 1, The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of July , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 AGENDA SECTION NQ Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ scot~ Eri~kson, ~(l Englneenng (J/[ Order plans & Specs/95-4/ Seal coating 7tL ~. The City Council is requested to approve the resolution ordering the improvement of seal coating and directing the preparation of final plans and specifications for Project 95-4. The attached map shows the proposed 1995 seal coat area. The funding for this project will be from the 1995 sea1coat budget. ) .' , '. I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SEALCOATING PROJECT NO. 95-4 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 95-4 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is dlrected to prepare specifications for such improvements. the City of as the Engineer plans and MOTION seconded by Councilmember and adopted by meeting this 18th day of the City Council at a regular July , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk '_"""__'''"'~'''''1''''....t'''''~ ---- .--.'..-----....'1,,/ .-.........-.....-.~~:::t.....::~ L:~ )~.:.._~)~ ~': '..:''t!-i: ~...,.~.FI. ~ :: ,'''' f: ~ , _I, "'. !:~, n'!~",::'ON~" ~ ~ I t1 . . ,'-0-; :.&~:;",~ ;,. -:-:~~;'!?j .'. :c'-'~ '~I'" d: I ~ ~ r;..' '~-;,' :.;~o~~ ~-: L.::..'W. 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I 11 "~" , ""''''','S.1J1'JS.1a''I,1i... I '. "'. '.'.............;:::t.,.."- \ ,,'....... -.. ,>...=..,,:' .... - '~D-f~- . '~~:"" ~:~.~::~.~~,.:~;_,,:"S '-. ~ . " , ~ " . ;'-1 , ,<,('''::- '>) , . . '. '. / / ,> .< ~<,/ ./ , ~ ~ -.J :, I 2J.J./~i ~~~!::~ ....:.. ~~.. ! ~"iz ~ ~~ .. .,.:.. . .' :\~I CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 18, 1995 AGENDA r-n SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Items Todd J. Haas, Engineering #J~ APPROVED FOR AGENDA ITEM r-n Approve Payment/93-7/Houwman Design }t o?/ The City Council is requested to approve Payment *2 (Final) in the amount of $1,078.55 for services provided for City Hall Park Complex *2 Concession Building, Project 93-7. The payment is to be paid from park dedication funds. These services were approved through a professional construction management service agreement by the City Council at their September 6, 1994 meeting. \ , \ / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA tn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Consider Offer/95-6/ACCAP Todd J. Haas, Engineering 1[ BY: ITEM tn 07;(, ; The City Council is requested to consider an offer from the Anoka County Community Action Program, Inc. (ACCAP) in the amount of $3,124.00 which is one-third of the assessments due for the 3 parcels. Attached is a letter to ACCAP dated April 13, 1995 from the City in regard to the assessment and a letter from ACCAP sent to Bill Hawkins (Andover City Attorney). The $900 issue is in regard to the Met Council SAC which has been solved by the Building Department, which has nothing to do with the assessments for water. City Council Options 1. Accept the offer by ACCAP in the amount of $3,124.00. 2. Counter offer ACCAP by requesting one-half of the assessments in the amount of $4,686.00. 3. Request ACCAP pay the full assessment of all 3 lots in the amount of $9,372.00. 4. Proceed through Chapter 429 and assess the parcels. 5. Do nothing. Staff is recommending option 2. ) MOTION BY: SECOND BY: . . .' q.r:-. 6 I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755'5100 " " April 13, 1995 Steve Klein Anoka County Community Action Program 1201 - 89th Avenue NE Suite 345 Blaine MN 55434 Re: 3541 - 135th Lane NW 3542 - 136th Avenue NW 3543 - 136thAvenue NW 75' X 150' 75' X 150' 75' X 150' Dear Mr, Klein, unfortunately, per our discussion in March, the above mentioned homes that were constructed by ACCAP were connected to Andover's municipal water supply without paying an assessment. , From our understanding, an assessment search was done on the parcels but an assessment for municipal water did not appear due to the fact that the City does not assess property along municipal watermain trunk lines unless the property owner or owners petition for the improvement, Because this was an unfortunate situation, we would like to know what your intentions are to pay the assessments, Please respond within 5 days in writing, The proposed assessment for each lot is as follows: Water Area Charge - 75' X 150' = 11,250 Ft2 X 1 Acre $1100 = $284,00 43,500 Ft2 X Acre Water Connection Charge---------------------------------------) $1190,00 Lateral (Front Feet) - 75' X $22 per foot --------------------) = $1650,00 Total $3124.00 (Assessment Per Lot) If you have any questions, feel free to contact me at 755-5100, Sincerely, T:f/~ Assistant City Engineer TJH:pjg c.c. Scott Erickson, City Engineer David Almgren, Building Official Jean Nichols, Finance Director Vicki Volk, City Clerk t~l.. I~ F I~" t,~ ~~.... .::::,'" ~~ $) '" .. ~. 1: I" 0(') 0-1 c- z-< :R~ :o~ @ Om ~::o CD I z-- ~ 'I~~' =\ en -~ /H ff&"/;~~ 14TH - ". ~ -;:;;- 0;:;;- -:::-- \ ~ ~ -:::. , , ~ ~ ~ '" ~ t <i I '" AVE. ob /~...s ,~ } i~ ~, " -'> ~ () ~ 'M .. /< ~ v, " "1 " ~"~~. ~~~ ",C"i " ~ ~:,,' ....... ~~I;' ~" >- ~., C) ~ ::0_ s-~ .. f'l1 ~\:),: ~ ~ ~'~ \ ~ h ~ C>~ '" -'<: ,:;, "1 .... .... ::t t):':: ~ ~ ~~" "~,......",, b ~'" ;::.;, ~l::S ~tl'l ~ ..... t:::l::.:;: "=: I' ~ OF ANOKA :tLlMITS 1 - .._~.4r-:~',1 r. OF. WAY ~ ~ s-~ ~ ~ "'0 ~ . -,- ~ ... " c , /0:.-' /- ~~ - . '" --- /'" 1 I$~~ ()J , ~ .... . '- (Jl '=- . """ ~ ~ /~ "" :r: ~ =- u. ~ S ~ '" . .. .- '-- "- /"" ... !5.< -::::-- ~ '~J.r.r4> ~ INYZ;- "'0_1 11 I ~~ ! ~~ j . i ~J I I , ... ~ , ~ !;--- >- ~ ", ~ ... . ... ... ~ ~ "- '" . , ;:: " !... " "" t- ()J ~ en ~d ~ '" ~, :r: i <>! ~~ . ~ "" "" R 1< ..., i '"' ~\ .. . n :-- ..., l> f.. Z l... rr1 " ~ " ;:: ~ 1-::::-- ~ '=- ~ \ . I, , ,," .. ~ t. ... ~ I '-- I ()J \;;-- en'~ ~ :r: I 'i' en o c z ~ l< ~ ~ tJ'j ~ ~ "" ... 't:~';, ROSE , ':..-- r l> Z JT1 , ,~ @ '-'"' )_W~ - ~ - ! I I "', I" - -1 I "'" ~ \ ""(J./7:.r,~./ ~, ~.c: t~ " ; Z ~ ,dd .... ""~ ~ ~ ,,,,. .= <>!~, E.~ ~< ~ 14/1 "" ~ ,;. P"'\r'\r"'ton', ~ l> ~] .j ~'::.:: 1> 37. 'f z ?E '~ l::~~ .~...., :t'L_ ::;::': ~ 11::.1 '::1 - , . ~ <:: ~'i fl~ ~ MAY 16 ROBE!tT A, CUZY BERNAR') E, STEFF-N RtC:lARO A, MERRILL . OARRELl. A. ]E:!-tSc:'-l JE:FREY S. JOHNSC'N RUSSELL H, CROWD E~ JON p, EIUC1<SON ,LAWRENCE R, JOHNSON ,AVID A. COSSI / rHOMA$ p, MALONE MtCHA~r.. F. Ht.."Rl.EY V!RC!L C. HE?-RlC:< HE."-MAN L, TALL. '95 15:44 BARNA GUZY & .'RECF'h '"p' "'_'~ !i..i' ."", :!?"'\. , ~-' ""-f'.il--J Barna, Guzy & Steffen,,Md'l ATTORNEYS ,'-.T LAW r. L 0 1995 'co N' F' , l.....ny, , , .....,. 'orthrOwn InanCta ..-lata \../t-........ . ~'~j( .\/r- lOa Coon RapIds Boul~vard Jet:: R Minn~polis. MN jj-i33.5894 STEFFENGER JBGS P,2 CHARL!S M, SEYKORA WIU.I^M M. HANSEN DANIEL D. GANTER, IR, BEVERLY K, DeDCE CMID M. AYERS CRECC V, HEiUl.:cK JAMES 0. HOEFT JO"N Nt, QUADE 3COTT M. LEPAK EL:ZABETH A SCHAD~G 'VlLLlAM F. P.L'EFNER ROBE!lJ" C, H~"ES 19l\,19n " (611) 780.85CO FAX (612) 780-1777 Writer's nirece; Line: (512) 783-5118 May ~6, 1995 TRANSMITTED BY FAX Mr, William G, Hawkins Attorney at Law Suite 101 299 Coon Rapids Boulevard N,W, Coon Rapids, ~J 55433 In Re: .~oka County Community Action Program, Inc./ City of Andover Special Assessments on Three Lots in Andover (3541 - 135th Lane N.W.) (3542 - 136th Avenue N,W,) (3543 - 136th Avenue N.W.) Dear Mr, Hawkins: Pu~suant to our ~ecent celephone conversation, please accept this letter as a request by my clienc, Anoka County Community Action Program, Inc, ("ACC.~"), to resolve a dispute regarding assessments on the above described three lot 3, As you recall, special assessment worksheets had been issued by the City of k~dover that noted there were no assessments against these three parcels. ACCAP has now closed on all three of these parcels. Because of the noeaeion of "no assessments" on the parcels, ,~CCAP relied upon that statement and there are no monies to pay the assessments at this time, ACCAP does believe that even through it has paid the builder, it can collect $900,00 from the builder since the builder had noted this amount in its bid s~ecifications to ACCAP for WAC charges, In addition, ACCAP will pay $3,124,00 as an attempt to ~esolve this dispute in an amicable fashion with the City of Andover, This is a total of $4,024,00, which is nearly half of the assessed amounts on the three lots, Please propose this offer to the City Council for ehe City of Andover in one of the upcoming workshop meetings, \ An Eq\l,al O?pommiry Em?:::J"'!: MAY 16 '95 15:44 BARNA GUZY 8. STEFFENGER P,3 J Mr, William G, Hawkins May 16. 1995 Page 2 " If you have any questions regarding this matter, please feel free to contac~ me, Thank you. Sincerely, Bk~A, GUZY & STEFFEN, LTD, Ckk 1J! ~ Charles M. Seykor CMS/ba cc: Anoka County Community Action Program. Inc, J CITY OF ANDOVER REQUEST FOR COUNCIL ACflON July 18, 1995 DATE AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item Scot~ Eri~kson, It Eng~neenng ll) ~ ITEM f\O. Final payment/94-1/City Hall Park Complex #l/Lighting d3. The City Council is requested to approve the resolution accepting work and directing final payment to Klein Electric Inc. for Project 94-1, City Hall Park Complex #1, for the improvement of lighting. , I I \ ) MOTION BY: SECOND BY: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING KLEIN ELECTRIC INC. OF IN THE FOLLOWING AREA: WORK AND DIRECTING FINAL PAYMENT TO FOR PROJECT NO. 94-1 FOR THE IMPROVEMENT LIGHTING CITY HALL PARK COMPLEX #1 WHEREAS, pursuant to a written contract signed with the City of Andover on March 21 , 19 95 , Klein Electric Inc. of St. Cloud has satisfactorily-completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. I MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of July , 19 95 , with Councilmembers voting in favor of the resolution, voting against, and Councilmembers whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. MCKelvey - Mayor Victoria Volk - City Clerk \ I CITY OF ANDOVER PERIODICAL ESTIMATE FOR PARTIAL PAY~ENT Pay Estimate No. 3 (Final) Period Ending 7/12/95 Project: City Hall Park Complex #1 Lighting, Project 94-1 Klein Electric Inc. Contractor: 24763 Lake Road St. Cloud, MN 56301 Original Contract Amount: $ 56,900.00 I Total Contract Work Completed: $ 56,311.00 Total Approved Extra Work $ Completed Change Order # 1 $ (589.00) Approved Extra Change Orders $ (589.00) Completed Total Amount Earned This Estimate $ 1,215.55 Less 0 % Retained Less Previous Payment Total Deductions $ -0- $ 55,095.45 $ 55,095.45 \ / Amount Due This Estimate $ 1,215.55 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA t>O SECllON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Todd J. Haas, Engineering~ BY: ITEM t>O Approve Ordinance 109 Summary/ Snowmobile and ATV Ordinance ;;? 1. The City Council is requested to review and approve the attached ordinance summary of Ordinance No, 109, An Ordinance for the Regulation for the Operation of All-Terrain Vehicles and Snowmobiles, The Council adopted the Ordinance on June 6, 1995. The Council must approve the text of the summary and determine if it clearly informs the public of the intent and effect of the ordinance. ) " \ / MOTION BY: SECOND BY: ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109 SUMMARY AN ORDINANCE REPEALING ORDINANCE NO. 87, ADOPTED AUGUST 16, 1988 AND ORDINANCE 87A, ADOPTED MARCH 7, 1989. AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES ORDAIN AS FOLLOWS: SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator or a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct crossing thereof only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes, Section 84.86 as amended. SECTION 3. OPERATION ON PRIVATE PROPERTY. No person shall operate an all-terrain vehicle or snowmobile on lands not owned by the person without the written or oral permission of the owner, occupant, or lessee of such lands, provided that in the case of oral permission, the owner, occupant, or lessee of such lands is present, SECTION 4. OPERATION ON PUBLIC PROPERTY. 3. No person shall operate a snowmobile on City streets, except on the shoulder of the roadway, or in the absence of an improved shoulder, on the righthand-most portion of the roadway (not on boulevard areas) and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles shall take the shortest route on any City Street to access any County Road or County state Aid Highway or any designated snowmobile trails. 6. At any speed in City street or reasonable or circumstances. excess of elsewhere proper 15 miles per hour on any public at a rate of speed greater than under all the surrounding 7. At any speed in excess of 15 miles per hour on any county Road and County State Aid Highway in an urban district. All other County Roads and County State Aid Highways not in an urban district must comply with Minnesota statutes , Page 2 , or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. , I 12. On any days between the hours of 11:00 p.m. and 8:00 a.m., except on Saturday and sunday, the restriction shall be between 1:00 a.m. and 8:00 a.m, 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile in a tree nursery or planting in a manner which damages or destroys growing stock. SECTION 6. No person shall operate a snowmobile along any City street or County Road/County state Aid Highway as shown on the attached map as "Prohibited". SECTION 7. No snowmobile shall enter making a complete stop. of way to any vehicles immediate hazard. any The or uncontrolled intersection without operator shall then yield the right pedestrians which constitute any SECTION 11. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over, kill otherwise take or attempt to take any animal, wild or domestic, with a snowmobile. SECTION 12. PENALTY. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus costs of prosecution in either case. A printed copy of this Ordinance is available for inspection by any person during regular business hours at the office of the City Clerk. , , , r ,'" ~,II _:~~' 2~)fG I ~- r---;~ ,:.-\ i-=-~~-~ {I ' f-'~~~..: :~-=LJ'''~ ~~,i~,-:- ~~ ' ; ,,;~ '------.- ~.:.......r_:_~ -:-[ :=:':\ I-'--~.-'~--'---'~ \ 1_0, , "-r __' 1 1./,,' \..--_' I 11 ."& I \ I ,I' ' ,,-.. I ' /~ ,~' _='..,----c 1. ............ ,.,' - "" "'.f.ii', "b .., ..... , , ..... r--- '\ tc.:.... , '"""'i I ' 1 1 '!: ': ( I' !b I n~~\!~':----~=rL~~I~ 'I.....~........; li-:-~~' ~ II I; "-~\': :_ I, I~~... 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''-:':',+.rt _, : .,,"fu'-~':t:1:- <==l I _ - '_ _'! -==::: J 'j ~ -----.:':.. ''"('''7 -:i.:nr' ' , ~:l:.._~-...... _ C 33 , :...;_=~,- -,=-" ""'"' -'3 .'-;,s;-, ,~~;:--~....~ '~'" '7:'~=-~':C~~':-'~ ; : ~'~::~, '" I .~. . .,.._~_-:7::1...~,.,- .., ! . ..'''-1 .--'~:; ~~~S~f~;?;~~---~-~S~J2-'2{~~ , t-.1 I,",,~, rf""T"-:-i \ "l'~'.'=--="tl.';,.:,~' , I.;,'" ~l~;'--":o...:... : .-.._.._.,.l.-;-o..I~':.~' ) ..' , "", ~ :' .' ,'~. "~ . - -:-' ,,- --' ~~ , I '.:~ I I l;;;!,..~",.:1 ~..) ~~--;- -Q.n L~~.....~'" -d. -~~i : ' ,i . < '''-:'''''!'{.'~'':-SiIl:')'''::::=::::::;*'-''''''-'~_! . - (._,~_...:.______________..!I"I'I " .,.11,. ~ _--., .~. """1 ~...~~\~ 1'~;t==:-l-'d:-1 .~:I,-"';=:J , , 1:"'-:--- ~'...':'/" N\ I '-:'''1)~~ 1_ .....-r-......... I ,I' ......---~ . J.,"-r-- ,..... .,-----..:. ,_,..c 1 :::.~ "'r-= I , : r:,,: )-<.-=-~ /01 ~ ""; :x.:.::.- ~ _ _~I ~!fE ~ -+.= I 'i- 1 'I :2\ "" \~,_~~~_~~____!____~n__ : ~:,}S '&.----------~ -,~ ~ '~ . -~/i~ ~~\ ' 1.'--....-- '~ .I ~ I - , o , ;: ., lo. o " ii ! ! ,i II C. !! :j ~~ I~~l o ...---,,: o z:--:" ~Or=~ LLi= . O~i...... : ....... lfU::: >-U O i...... 1-- ....." U.J ji=fi , i , ; i i '- c.. < ::: ...L.;., .-d?;-- "..3 ..,.. .. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION t>n Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t>n Approve Revised Preliminary plat/ woodland Meadows 2nd Addition Todd J. Haas, Engineering 1l BY: ,;(~. The city Council is requested to approve the revised preliminary plat and grading/drainage/erosion control plan of Woodland Meadows 2nd Addition as being requested by woodland Development in Section 10, Township 32, Range 24, Anoka County, Minnesota. All changes in the attached letter have been reviewed by staff and we are recommending approval. , J The revised preliminary plat and grading/drainage/erosion control plan is available in the Engineering Department for review. \, ) MOTION BY: SECOND BY: ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT AND GRADING/DRAINAGE/EROSION CONTROL PLAN OF WOODLAND MEADOWS 2ND ADDITION LOCATED IN SECTION 10, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Engineer has reviewed the revised preliminary plat and grading/drainage/erosion control plan; and WHEREAS, Resolution No. 054-95 regarding the preliminary plat; and WHEREAS, the City Council approves the revised preliminary plat and grading/drainage/erosion control plan with a revision date of June 28, 1995 continues to be in force NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat and grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 18th day J of July , 1995 . CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk I , J m-- ]'1 Hakanson ~1';: ~j ~~~o~,:~, 222 Monroe Street Anol<a, Minnesota 55303 612/427.5860 Fax 612/427-3401 " June 29, 1995 Mr, Scott Erickson, PE City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 RE: Final Plat of WOODLAND MEADOWS SECOND ADDITION Andover, Minnesota Dear Scott: With this letter you will find a revised grading plan, preliminary and final plat of the above mentioned development, We have revised the south and east lines of Lot 5 and 6, Block 3 as per a request by our client, It was initiated because of a misunderstanding between all parties involved, My original goal was to establish a distance between the existing garage on Mr. Humphrey property and the south line of said Lots 5 and 6 that would be acceptable between both parties, What I was not aware of was a dimension of 550 feet being written into a purchase agreement between Woodland Development and Mr. Humphrey as measured along the west iii'H:: ur the piaL. Upon review of our final plat i'vir, Humphrey noted this discrepancy and I was contacted by Woodland Development, This differance was negotiated and the dimension of 570.47 feet has been accepted by both parties, The impact has been minimal with this line moving 16 feet north of its original position, In order to compensate the area of Lot 5 and 6 there east lines have moved accordingly to maintain the proper square footage as required by city ordinance, / Engineers Landscape Architects Su rveyors , ) Mr. Scott Erickson, PE Page 2 June 29, 1995 " I am hoping with this letter that the City of Andover would expedite the approval process for this plat, If you have any questions, please do not hesitate to give me a call, Sincerely, HAKANSON ANDERSON ASSOCIATES, INC, jig cc: Byron Westlund; Woodland Development I 844,56 " ; CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE July 18, 1995 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Todd J. Haas, Engineerin~ iL BY: ITEM f\O. Approve Revised Final plat/ woodland Meadows 2nd Addition C;d, . The City Council is requested to approve the revised final plat of Woodland Meadows 2nd Addition as being requested by Woodland Development in Section 10, Township 32, Range 24, Anoka County, Minnesota. ) The revised final plat is available in the Engineering Department for review. \ ) MOTION BY: SECOND BY: , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED FINAL PLAT OF WOODLAND MEADOWS 2ND ADDITION LOCATED IN SECTION 10, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Engineer has reviewed the revised final plat; and WHEREAS, Resolution No. 101-95 regarding the final plat; and WHEREAS, the City Council approves the revised final plat. continues to be in force NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised final plat. Adopted by the City Council of the City of Andover this 18th day of July , 1995 . CITY OF ANDOVER I ATTEST: J.E. McKelvey - Mayor VIctoria volk - City Clerk I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE ITEM tn Scot~ Eri~kson.kD Englneenng (J)L APPROVED FOR AGENDA AGENDA SEcnON tn Non-Discussion/Consent Item ORIGINATING DEPARTMENT Order plans & Specs/93-7/ City Hall Park complex #2/ Fence v ,,;) 1 ' The City Council is requested to approve the resolution ordering the improvement of fencing for six ball fields in Complex #2 and directing the preparation of final plans and specifications for Project 93-7, The funding for this work will be from park dedications. ; .' ~ ,I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 18, 1995 AGENDA t>n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Scott Erickson, Engineering BY: ITEM t>n Order Plans & specs/93-7/ City Hall Park Complex #2/ Fence The City Council i requested to approve the resolution ordering the improvement of fencing nd directing the preparation of final plans and specifications fo project 93-7. ", ""'..$ S'X bell f,.,1..5 ;" Co"'plL",.JIz \ ) ....,......; 1\ /. "Ji., .. .~ ...,'1 / ;1;._ ~._/~ -4..1.,..,1.;.,..1 "K ?-.:...h;)..... ....... .-... , "- r '. I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF FENCING PROJECT NO. 93-7 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 93-7 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is directed to prepare specifications for such improvements. the City of as the Engineer plans and MOTION seconded by Councilmember and adopted by meeting this 18th day of the City Council at a regular July , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk '. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA t>n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Nondiscussion/consent Finance ITEM t>n ~'? Reduce Cash Escrow woodland Creek 5th #95-1 CS2-0' Jean D. McGann Finance Director BY'WI REQUEST The Andover City Council is requested to authorize the release of the cash escrow established by woodland Development for Woodland Creek 5th. BACKGROUND '\ I The cash escrow was established by Woodland Development for Woodland Creek 5th per terms of the Development Agreement for city project # 95-1. The plans, specifications and feasibility report are complete and the project is underway thereby allowing release of the cash escrow established for this purpose. Interest due $ 1,000.00 16,000.00 $17,000.00 173.96 $17,173.96 Cash escrow established on 3-7-95 Cash escrow estabished on 3-23-95 Total cash escrow Total due to Woodland Dev. ========= \ ) MOTION BY: SECOND BY: r \. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July l8, 1995 DATE AGENDA t>n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Nondiscussion/consent Finance ITEM t>n Reduce Cash Escrow Woodland Creek #87-27 ~'('~ Jean D. McGann Finance Director BY~ ~C). REQUEST The Andover City Council is requested to authorize the release of the cash escrow established by woodland Development for Woodland Creek. BACKGROUND f \ \. I The cash escrow was established by Woodland Development for woodland Creek per terms of the Development Agreement for city project # 87-27 The plans, specifications and feasibility report are complete and the project is underway thereby allowing release of the cash escrow established for this purpose. Interest due $ 1,000.00 16,000.00 $17,000.00 5,136.99 $22,136.99 Cash escrow established on 7-15-87 Cash escrow established on 2-3-88 Total cash escrow Total due to Woodland Dev. ========= \ ) MOTION BY: SECOND BY: CITY OF ANDOVER , REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA t>n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA .. <',....<'<'~ ^'" /,..nn",..nr Finance ITEM t>n -.30. Reduce Cash Escrow Woodland Creek 3rd #92-20 ~ Jean D. McGann Finance Director BYo/ REQUEST The Andover City Council is requested to authorize the release of the cash escrow established by Woodland Development for Woodland Creek 3rd. BACKGROUND ," \ , / The cash escrow was established by Woodland Development for Woodland Creek 3rd per terms of the Development Agreement for city project # 92-20 The plans, specifications and feasibility report are complete and the project is underway thereby allowing release of the cash escrow established for this purpose. Interest due $ 1,000.00 28,500.00 $29,500.00 1,801.40 Cash escrow established on 9-10-92 Cash escrow established on 9-22-92 Total cash escrow Total due to Woodland Dev. $31,301. 40 ====-==== .' \ \ ) MOTION BY: SECOND BY: DATE: July 18, 1995 ITEMS GIVEN TO THE CITY COUNCIL Planning & zoning Commission Minutes - June 27, 1995 Economic Development Authority Minutes - July 5, 1995 city Council Minutes - July 5, 1995 June 1995 Building Dept. Report Anoka County Sheriff's Dept. Report What's Happening Schedule of Bills "- j PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. , (t7i~) / j~ l'\l (" ...!i':/ ""~~~"'r~~" CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor & City Council City Departments David Almgren July 11, 1995 JUNE 1995 Building Department Report I hereby submit the following report of the Building Department for the Month of June 1995: BUILDING PERMITS 44 Residential (40 Sewer/4 Septic) 3 Additions 3 Garages 1 Remodeling/Finishing 1 Commercial Building 3 Sheds 5 Swimming Pools 2 Chimney/Stove/Fireplace 4 Structural Changes 64 Porches/Decks 10 Re-Roof 1 Other 141 APPROXIMATE VALUATION $ 4,636,000.00 35,346.00 26,100.00 584,686.00 14,221,350.00 4,680.00 16,945.00 4,800.00 11,200.00 141,853.00 19,550.00 144,300.00 $19,846,810.00 FEES COLLECTED 76,367.41 15.00 12,590.54 633.92 1,025.00 10,821. 62 460.74 174.00 175.00 70.00 2,050.00 196.00 575.00 205.00 15.00 615.00 1,105.00 $ 107,094.23 PERMITS 141 Building Permits 1 Footing 27 Heating Permits 32 Heating Repair 41 Hook Up (Sewer) 39 Plumbing Permit 26 Plumbing Repair 58 Pumping 4 Septic 2 Septic Repair 41 Water Meter 49 Certificates of Occupancy 23 Contractor's License 41 License Verification Fee 3 Health Authority Form 41 Sewer Administration Fee 130 SAC Retainage Fee , Total Number of Houses YTD (1995) 146 Total Number of Houses YTD (1994) 205 JUNE 1995 Report July 11, 1995 Page Two Total Valuation Total valuation June 1995 - YTD 1995- Total Building Department Income Total Building Department Income DA/jp 19,846,810.00 34,291,764.00 June 1995 - YTD 1995- $107,094 23 291,563 81 \ ~ oc ~-~~q6 " .~ ~~"' Office of ANOKA COUNTY SHERIFF LARRY PODANY 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 June 27th, 1995 RECErvr:) ~ ;JUL 0 5 1995 CITY OF ANDOVER Mayor Jack McKelvey City of Andover 1685 Crosstown Blvd. Andover, MN 55304 N.W. Dear Mayor McKelvey: The May Calls For Service Law Enforcement Report and Municipality Arrest Report are attached for your review. Should you have any questions or concerns please contact me at my office, 323-5131. ; Sincerely, cap~~ Patrol Division LC:nc Attachments . Affirmative Action I Equal Opportunity Employer Ln W~ ...' x: .:. I "- _W "'..,. . ..,.'" _o:l ,.. 1-1- "''''0 Ul (\J 0 r-Ul .", ::> I1J "- ...IZ ~. '" <- '" 0 I-:r: "- a- I- ". < oJ. lu <t. 0.. ..JUI "'- 00 "'<II ClJO <:>: w I- - - 0). MlIl I- 01- MN('l (\J lJl < ~ I- 0 t- > t- U <t 0<11 OoD 00 iii 0 '" or- >- '" ..,. MoD r-oD M'" Ul MM '" ..,. -( \11 ~I '" ~G"o . ,- - "- ~ 'l: l- - 0 '0 ^ 0'" : I~ - . lJ;'J) '" '" Z .? '" , ) " ,,' . 00 0 0 '" <> '" , Q :)J ~ ~ lfl IiIM vN MoD oDoD "'''' OJ .. :I: If'! U ...I l-W lIlr- '" 0 r- Ule:. 00" ...J <t:r: <: 0..- ... ...CIJ ...- I.I)-r u v':l l- - 0 WI- :r:::::: -W l-o.. '" -.r 0- 0 (1,1 CO) <: ~"-J M V f 'It- 0'" "'''' -M 0.. iii 0 r-", ... 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Office of ANOKA COUNTY HERIFF LARRY PODA 325 Jackson Street - Anoka, Minn sota 55303-2210 612-323-5000 Fax 612-4 2-7503 ?age No. 1 Andover )6/05/95 CALLS TAKEN BY NON-CONTRACT S :ONTRACT CAR DATE: NATURE OF CALL: TIM SPENT ON CALL ",jORKING : Yes 05/01/95 Damage to Property HOURS 25 MINUTES Yes 05/03/95 Theft HOURS 22 MINUTES Yes 05/04/95 Theft HOURS 36 MINUTES Yes 05/04/95 P.D. Accident HOURS 29 MINUTES "{es 05/05/95 Alarm HOURS 15 MINUTES "!es 05/05/95 Alarm HOURS 16 MINUTES '.:'es 05/05/95 Harassing Phone HOURS 31 MINUTES '!'es 05/05/95 P.I. Accident HOURS 22 MINUTES r '!'es 05/05/95 Theft HOURS 41 MINUTES o!."es 05/06/95 Loose Cow in Yard HOURS 21 MINUTES '!'es 05/06/95 Road & Drive Compo HOURS 9 MINUTES '!'es 05/08/95 Contained Dog HOURS 6 MINUTES -{es 05/08/95 Runaway HOURS 8 MINUTES '!es 05/12/95 Party Call HOURS 6 MINUTES '!'es 05/15/95 Alarm HOURS 15 MINUTES '{es 05/15/95 Burglary HOURS 45 MINUTES '!es 05/17/95 P.I. Accident HOURS 45 MINUTES '!es 05/17/95 Damage to Property HOURS 23 MINUTES .~=s 05/17/95 P.I. Accident HOURS 47 MINUTES .:'es 05/17/95 P.D. Accident HOURS 19 MINUTES :.:'es 05/18/95 Alarm HOURS 17 MINUTES '!es OS/20/95 Domestic Assault HOURS 21 MINUTES '!es OS/21/95 Suspic. Activity HOURS 28 MINUTES '!es OS/23/95 Medical HOURS 37 MINUTES '.:'es OS/24/95 Domestic HOURS 15 MINUTES "!es OS/24/95 Warrant Arrest HOURS 30 MINUTES '!es OS/24/95 Alarm HOURS 15 MINUTES l';o OS/25/95 Medical HOURS 19 MINUTES Yes OS/25/95 JU"J. ~JJ:' t~ Gu::.. EOT-",~S 3~ ~I~TT-,""!'ES Yes C3/25/33 Lcmesc.:..:: ::':G~S 3G :'vr~~--:-"-"" 1._..\H....i....:..,:j ::5 OS/25/95 Domestic HOURS 30 MINU""!'ES 0":5 OS/25/95 Domestic HOURS 47 MINUTES ~es OS/26/95 Alarm HOURS 18 MINUTES :"es OS/26/95 MV Theft - Rec. HOURS 56 MINUTES "- :'es OS/26/95 PD Accident HOURS 38 MINUTES I ;-es OS/27/95 Suspicous Activity HOURS 23 MINUTES :"es 05/30/95 Burglary HOURS 0 MINUTES Affirmative Action I Equal Opportunity Employer .'n\ " . ,~ )' ~ :age No. :6/05/95 :ONTRACT CAR ",ORKING: ':es :!es '. J J 2 DATE: Office of ANOKA COUNTY SHERIFF LARRY PODANY 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 Andover CALLS TAKEN BY NON-CONTRACT CARS NATURE OF CALL: TIME SPENT ON CALL 05/30/95 Runaway Juvenile 05/30/95 Injured Dog o HOURS 34 MINUTES o HOURS 6 MINUTES *** GRAND TOTALS *** 18 HOURS 16 MINUTES Affirmative Action I Equal Opportunity Employer Office of ANOKA COUNTY HERlFF ,- , , LARRY PODANY 325 Jackson Street - Anoka, Minn ala 55303-2210 612-323-5000 Fax 612-4 -7503 CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPO T MONTH:_MAY, 1995_ This report reflects the productivity of the Andov r contract cars, 3125, 3135, 3145 and 3155. It does not incl de activity by Sheriff's Department cars within the City dur ng non-contract hours, nor, activity by other Sheriff's Departmen cars within the City during contract hours. Arrests: Felony 1 792 477 Medicals 14 ; P.I. 5 P.D. 14 Domestic 17 cks 34 Business Checks 398 - Arrests: Traffic 54 DWI 3 G.M. o Misdemeanor 22 Arrests: Warrant 4 Papers Served: o Warnings: 56 Aids: Public 81 Other Agencies__106_ TOTAL MILES PATROLlED: 9,490 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION \ -6- Affirmative Action I Equal Opportunity Employer '. \ , \ I **************************************************************** ~~************************************************************~* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :: WHAT'S HAPPENING? :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ July 18, 1995 ** ~~ ** ~~ ** ~~ - Deputy Ron Bouley has been assigned as a ** :: Misdemeanor Investigator with the Sheriff's :: :: Department. He had been working Andover from :: ~~ 3:00 PM to 11:00 PM. This is a 2 or 3 year tour ** :: for Ron and after that time he will again be :: :: assigned as a regular deputy. :: ~~ ** :: - Rhonda Anderson, our Engineering Secretary, has :: ~~ returned to work from her maternity leave. ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~. ** ~. ** ~. ** ~~ ** ~~ ** ~~ ** .. ** ~~ ** ~~ ** ~. ** ~. ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~. ** ~. ** ~~ ** ~. ** ~. ** ~. ** ~~ ** ~. ** ~~ ** ~~ ** ~. ** ~. ** ~~ ** ~~ ** ~. ** ~. ** ~. ** ~~ ** ~. ** ~~ ** ~~ ** ~~ ** .~ ** .. ** ~. ** .. ** .. ** .. ** ~. ** .. ** .. ** .. ** . ** ..************************************************************** ................................................................ ~~~~;iE~~;~~~7 '~5i 15: 13 BARNA GUZY & STEFFENBGER GS IllCliARD..., MERRlLL ", DARREll II, JENSEN 'I JEFfREYS-JOHNSON i ~~~~kl~K1~WDER \ Barna, Guzy & Steffen, Ltd. lP,WRENCE R. JOHNSON 'I DAVIDA-COOl, ATlORNEYS ATl.AW rug~~.~ti~~i \ 400 Northtown Financial Plaza VIRCllC. HERRIC~ I 200 Coon Rapids Boulevard HEl\MAN L U\LLEj Minneapolis, MN 55433,5894 \ 'I July 11'" 1995 Mr. Tod J. Haas ASsistart City Engineer City of Andover 1685 crpsstown Blvd. N.W. Andovert MN 55304 In Re:: Spe!:!ial AssElooments on Properties located at 3541 - 135th Lane N.W. 3542 - 136th Avenue N.W. 3543 - 136th Avenue N.W. ~P.~- ,~-q5 CHARUS M. 5eYKO~ WlLUAM M, HANSEN PANtEL 0. OhNllll\,jR, BEVEIlLY Ie. OOOOE CRAIO M, AYE~ CREGO V, HERRICK JAMEs 0. tlOEFT J~\iI,QUADE scotT M, 1.EMK EU2AIlETIl ^. SCHAOINO Wn.UAM P. HUl:'fNER RO&IIT C. HYNES 1935,1993 (612) 780.8500 FAX (612) 78().1777 Writer's Direct Line: (612) 1B3-~J18 TRANSMITT~D BY FAX Dear Mr Haas: Please: jaccePt this letter as a response to our telephone conver~,tion today and the tentative offer by the City of Andover to acce~t one-half of the $9,372,00 owed on the assessments of the three a.~ove descr~bed prop~rties, Your offer was contingent upon approva by the 'c~ty Counc~l for the offer of $4,686.00 as payment in ful for all of the assessments on the above described propert'es: The Ano a County Community Action Program, Tnc, <nACCAP") has informe me that it believes the offer of $1,350.00 made in my letter f April 27, 1995, is an acceptable offer, however, it also believe that it would like to resolve thie matter in an amicable fashion with the City of Andover. For this reason, in the event that t~e City Council does agree. to offer to settle this matter for $4,686: 010, ACCAP will agree to pay this amount to resolve this dispute [with regard to the aB:>essments on the above described propertiFs, Sincerelr' 'clIY ;;'~FBN;rn. Charles ~. seYkoft CMSjba I cc: Ano~a County omrnunity Action Program, Inc. I I ; I \ An Equat OppoCCunlty empluyl!r CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA t>n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ADD ON Scott Erickson, Engineering BY: ITEM ~ Approve plans & Specs/95-7, Oak Hollow/95-9, Forest Meadows/95-10, Hawk Ridge/Countryview Estates The city Council is requested to add this item to the July 18, 1995 c~uncil Agenda. The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for project 95-7, Oak Hollow/project 95-9, Forest Meadows/project 95-10, Hawk Ridge/Countryview Estates. MOTION BY: SECOND BY: r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-7, 95-9 AND 95-10, OAK HOLLOW, FOREST MEADOWS AND HAWK RIDGE/COUNTRYVIEW ESTATES AREAS FOR STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 094-95, 107-95 and -95, adopted by the City council on June 6, June 20 and JUlt 18, 19 95 , the City Engineer has prepared final plans and speci ications-IOr project 95-7, 95-9 and 95-10 for streets ; and WHEREAS, such final plans and specifications the City Council for their review on the 18th July , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications. were presented to day of BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 AM Thursday, August 10 , 19~ at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th Councilmembers , 19~, with Councilmembers voting in favor of the resolution and voting against same day of July whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 18, 1995 DATE AGENDA SECTION N). 'ADD ON ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM N). Scott Erickson, Engineering Approve plans & Specs/95-4/ Seal coating BY: The city Council is requested to add this item to the July 18, 1995 c~uncil Agenda. The City council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 95-4, sealcoating. MOTION BY: SECOND BY: