HomeMy WebLinkAbout05/08/12
City of Farmington
430 Third Street
Farmington, MN 55024
A Proud Past - A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All
Of Our Customers
AGENDA
PLANNING COMMISSION
May 08, 2012
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) April 1 0, 2012 Regular Meeting
3. PUBLIC HEARINGS
a) Variance request for placement of a deck within a drainage and utility easement
Applicant: Garrett & Renee Warren
4469 207th Street W
Farmington, MN 55024
b) An ordinance amending Chapters 5 and 6 of Title 7 of the City Code as they relate to Rodent, Pest Control
and Dutch Elm Disease Control, respectively.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4. DISCUSSION
a) Possible amendment to a Special Use Permit to allow Mini Storage Units - Mardell Halstead
Location: 18061 Pilot Knob Road
5. ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
A variance request to allow for the placement of a deck within a drainage and utility easement
DATE:
May 8, 2012
INTRODUCTION
Garrett and Renee Warren are seeking approval of a variance to allow the construction of a deck within a drainage and
utility easement on their residential property located at 4469 207th Street W.
Planning Division Review
Applicant:
Garrett and Renee Warren
4469 207th Street W
Farmington, MN 55024
Property location:
4469 207th Street W
Attachments:
1. Application (Ex. A)
2. Aerial photography of property (Ex. B)
3. Letter from applicants (Ex. C)
4. Deck plan (Ex. D)
5. Copy of Riverside West Plat (Ex. E)
6. Certificate of Survey (Ex. F)
Variance Request:
To construct a deck within a drainage and utility easement.
Existing Zoning:
R-1 (Low Density Residential)
2030 Comprehensive Plan:
Low Density Residential
DISCUSSION
The property located at 4469 207th Street is heavily encumbered with drainage and utility easements (please see attached
Exhibit E). The proposed deck would extend into the drainage and utility easement that is highlighted in yellow on
Exhibits E and F. This specific easement was established when the property was platted in 2003 due to the location of the
floodplain for Middle Creek.
Proposed Deck
The deck plans are shown in the attached Exhibit D. The deck as proposed would be 308 square feet (22' x 14'),
including the stairs, and would come off of the northeast side of the home. The property as previously mentioned is zoned
R-1 and requires a minimum side and rear yard setback of six (6') feet (not taking into account any easements) and a
maximum lot coverage requirement of30%. The deck as proposed under "normal" circumstances would meet the six (6')
foots setback requirements. The lot coverage with the proposed deck would be approximately 10.01%, far below the
maximum requirement identified above.
If the Commission approves the variance, staff would request that three conditions be placed on the approval. Those
conditions would be as follows:
1. The deck does not have stairs
2. The deck is limited to having three (3) support posts in the ground
3. The submittal and approval of a building permit.
Conditions 1 and 2 are specifically related to the floodplain for Middle Creek. Staff is comfortable with allowing the deck
to encroach into this easement provided that the portions of deck touching the ground are minimized as recommended.
This would reduce the potential for the obstruction of lateral flow from the Middle Creek if it were to flood and affect this
property while also reducing the risk of damage to the deck.
The Planning Commission shall not approve any variance request unless they find that "practical difficulties" as define in
City Code exist using the following criteria:
1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the
specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties.
Economic consideration alone does not constitute practical difficulties.
Due to the existing easements on the parcel as well as the placement of the home, building a usable deck outside
of any easement would be impossible.
2. That the variance would be consistent with the comprehensive plan.
The variance is consistent with the comprehensive plan.
3. That the variance would be in harmony with the general purpose and intent of this title.
It is staff's belief that the variance would be in harmony with the general purpose and intent of this title.
4. The conditions upon which the variance is based are unique to the parcel of land for which the variance is sought
and are not applicable, generally, to other properties within the same zoning classification.
In most standard lot situations there would be adequate room, outside of easements, to construct a deck. In this
instance there is not, making it generally unique to this parcel of land.
5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having
any interest in the parcel of land.
The practical difficulty was not created by the current owners of the property. The property was platted in 2003
with the easements as shown on the recorded plat document. The house was built in 2005. The current property
owners have owned the house since 2009.
6. The granting of the variance will not alter the essential character of the locality or be injurious to other property
within the vicinity in which the parcel of land is located or substantially diminish property values.
The variance will not alter the essential character of the locality or will be injurious to other property within the
vicinity. The variance will not substantially diminish surrounding property values.
7. The proposed variance will not substantially increase congestion of the public streets, or increase the danger of
fire, or be detrimental to the public welfare or public safety.
The variance will not substantially increase the congestion of public streets, or increase the danger of fire, or be
detrimental to the public welfare or public safety.
8. The requested variance is the minimum action required to eliminate the practical difficulties.
This is the minimum action necessary to eliminate the practical difficulties.
9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the
affected person's land is located except that the temporary use of a one-family dwelling as a two-family dwelling
may be authorized by variance.
Decks are allowed within residential areas provided they meet setback and lot coverage requirements.
ACTION REOUESTED
Staff recommends approval of the variance for the construction of a deck within a drainage and utility easement subject
the following conditions:
1. The deck does not have stairs.
2. The deck is limited to having three (3) support posts in the ground.
3. The submittal and approval of a building permit.
Respectfully submitted
-r~~
Tony Wippler, Assistant City Planner
Cc: Garrett and Renee Warren
EX. A
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City of Farmington
430 Third Street
Farminglun, "v1inlll:~oji1
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V ARI ANCE APPLI CA TI ON
Applicant: (jA\Z-IZ~ TT q- ~ ~lephone: (f:@B...9=\."1c0\
Address: 4~tA '20'~ 7)\ L0. ~\\..6l()w \-1-J
Street City State
Fax: L-)
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Zip Code
Owner: ~~ A.~ ~\JQ.
Telephone: L-)
Fax: L-)
Address:
Street
City
State
Zip Code
Premiseslnvolvecl: 44/dl. 7.Cs7~ 7)\ w LOT 7> ~ \ l2:\'\Je-j2S\~ LAillT
Address/ Legal Description (lot, block, plat name, section, township, range)
Current Zoning District 'i2. \{l.Ou..J ~ \\\...It Current Land Use ~\c:E:\....S"(\~L
l2e5~\1P{L
Specific Nature of Reql.lES I Claimed Practical Diffia.llties: ~G A~
SUBMITTAL REQUIREMENTS
Proof of Ownership Copies of Site Plan
Application Fee ($200) AbstractlResidential List (adjoining property owners only)
Boundary / Lot Survey Torrens (Owner's Du~e Certificate of Title Required)
\bt~,u~ L\\\l\\c. ~ I \.~
Signature of Property Owner rrate Signature of Applicant
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Request Submitted to the Plann~ Commission on t.f//,g II,;.. .
Public Hearing Set for: S/8 lei-
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Planning Commission Action:
Approved
For office use only
Advertised in Local Newspaper: ,/7 z.,J., / I ~
I ( .
Fee Paid X
$200 - CitY of Farmington
$46 - Dakota County Recorder
Denied
Comments:
Conditions Set:
Planning division:
Date:
9/06
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
Dakota County, MN
Page 1 of I
EX,S
Oisclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 132 feet
5/2/2012
f'X. c..
Specific Nature of Request I Claimed Hardship:
The purpose of our variance request is to be granted approval to build a
deck (18'X14') on the back of our home that we purchased in September
2009. The variance is required because the back of our home where we
are proposing a deck (upper level where deck door is located) lies in a
drainage and utility easement. Beyond the drainage and utility easement
is the flood plain, according to the City of Farmington's 1 DO-year Flood
Plan. It was our vision, prior to buying our home, to build a deck upon
moving in - had we known what we know now we would not have
proceeded with the purchase of the house. Also, with the recent birth of
our daughter and thinking safety, having a deck would provide a second
point of entry/exit in case of a fire or emergency.
We have done extensive research and had countless emails to understand
the drainage and utility easement and the flood plain as it relates to our
property lot. The following are a couple highlights to what we learned:
· In talking to our FEMA representative we were informed that their
100 Year Flood Certification did not have our property in a flood
zone.
· Inquiring about flood insurance with our insurance agent, he said
we were not in a flood zone and he wouldn't be able to sell us flood
insurance.
We are requesting your approval on our variance and the proposed deck
(see attached).
Thank you for considering our request, look forward to discussing further.
Garrett & Renee Warren
4469 207th Street West
Farmington, MN 55024
612-839-4601
Garrett Warren
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I hereby certify that this Is a correct representallon of 0 survey of:
Lot 5. Block I, RIVERSIDE WEST, Dakota County, Minnesota, according to
the record plot thereof. -
And that this survey and certiflcote was prepared by me or under my
direct supervision, and that I om Q duly licensed Land Surveyor under the
lows of the State of Minnesota.
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BASEMENT FLOOR =< 9<K.06
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CONCRETE CUR
A.~D GUTTER
207TH STREET
WEST S~N. . .,t'
REVISIONS
JACOBSON
ENGINEERS &. SURVEYORS
21029 HERON WAY LAKEVlLLE, t.lN 55044
TEL (952) 469-4328 FAX (952) 469-4624
BEARINGS ARE ASSUMED DA lUM PROJ: 205056.21
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JACOBSON
ENGINEERS &: SURVEYORS
21029 HERON WAY LAKEVlLLE, MN 55044
TEL (952) 469-4328 FAX (952) 469-4624
BEARINGS ARE ASSUMED OA TUM PROJ: 205056.21
o - DENOTES IRON MONUMENT F.B.: A ~o,o;:~~
CERTIFICATE OF SURVEY
(AS-BUlL T)
I hereby certify that this Is a carrect representation of a survey of:
Lot 5, Block I, RIVERSIDE WEST, Dakota County, Minnesota, according to
the record plat thereof.
And that this survey and certificate was prepared by me or under my
direct supervision, and that I am a duly licensed Land Surveyor under the
laws of the State of Minnesota.
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SCAlE IN FEET
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1~ 45
ELEVATIONS SHOWN ARE AS-BUILT ON 11-16-09
LOCATION OF HOUSE AND DRI~ ARE AS-BUILT AND
ARE OUT OF THE PUBUC DRAINAGE AND UTIUTY
EASEMENT AND THE NNG EASElAENT
/ ALL ITEMS ARE PROPOSED:
/ TOP OF FOUNDATION = 907.33
/
/ GARAGE FLOOR - ~ 906.9
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/ FINISHED GRADE AT FRONT
"- OF HOUSE = ~ 906.-1
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BASEMENT FLOOR = 90~.08
FINISHED GRADE AT REAR
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CONCRETE CURB
AND GUffiR
207TH STREET
WEST SAN. ~l'
I.4H@O
REVISIONS
PREP ARED
FOR:
Garett Warren
4469 207th Street W.
Farmin9ton, MN 55024
DRAWN: GAI.4
DATE: 11-17-09
CHECKED: GDJ
SCALE: AS SHOWN
EX, f
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
An ordinance amending Chapters 5 & 6 of Title 7 of the City Code as they relate to Rodent, Pest Control
and Dutch Elm Disease Control, respectively
DATE:
May 8, 2012
INTRODUCTION
Attached for the Commission's consideration and recommendation is an ordinance amending Chapters 5 & 6 of Title 7 of
the City Code as they relate to Rodent, Pest Control and Dutch Elm Disease Control, respectively.
DISCUSSION
The revisions in the attached ordinance are largely housekeeping changes and non-substantive in nature. The notable
ordinance changes include the following:
. The addition of the emerald ash borer beetles, larvae or eggs within the insect pest defmition;
. Changing the term "Village" to "City" throughout Chapter 5;
. Including Dutch elm and the oak wilt fungus within the definition for diseases;
. Changing the title of Chapter 6 to "Tree Disease Control";
. Further expand the nuisance definition under Chapter 6 to include verbiage regarding elm bark beetles, oak wilt
fungus emerald ash borer beetles, larvae or eggs;
. Added verbiage that the City's Tree Inspector may order the treatment or removal of an infected tree where
spreading of an infestation or disease is imminent in order to abate the nuisance;
. Addition of a Transportation section that states that it is unlawful for any person to transport into the city any
infected, bark-bearing ash, elm or oak wood determined to be a nuisance.
It is anticipated that the ordinance will go before the City Council for adoption on May 21,2012.
ACTION REOUESTED
Recommend approval of the attached ordinance and forward that recommendation onto the City Council.
Respectfully submitted,
~~~
Tony Wippler, Assistant City Planner
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 5 & 6
OF TITLE 7 OF THE CITY CODE AS THEY RELATE TO
RODENT, PEST CONTROL AND DUTCH ELM DISEASE
CONTROL, RESPECTIVELY
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. That Title 7 of the Farmington City Code, is hereby amended by adding
the underlined language below and deleting the strikethrough language as follows:
Chapter 5
RODENT, PEST CONTROL
7-5-1: DEFINITIONS:
Unless the language or context clearly indicates that a different meaning is intended, the
following term shall be given the meanings herein defined:
INSECT PEST: The term "insect pest" shall include grasshoppers, cutworms, army
worms, European com borers, Japanese beetles, European elm bark beetles, native elm
bark beetles, emerald ash borer beetles. larvae or eggs. forest tent caterpillars, bee
diseases and any other insects which the Village City may designate as dangerous to
crops or the welfare of the inhabitants of the Village City.
DESTRUCTIVE or NUISANCE ANIMALS: The terms "destructive or nuisance
animals" includes such animals as rats, gophers, mice and other unprotected wild animals
as defined in Minnesota Statutes 1961, Section 100.26, and acts amendatory thereof,
which the Village City may designate as dangerous to the welfare of the inhabitants.
DISEASES: The term "diseases~ refers to such dangerous plant diseases. including Dutch
elm disease and the oak wilt fungus. and bee diseases as the Village City may designate
as dangerous to agriculture, horticulture and forestry.
7-5-2: CONTROL:
The City Council of the Village is hereby empowered to appropriate money for the
control of insect pests, plant diseases, bee diseases or destructive or nuisance animals.
Such appropriation shall be expended according to technical and expert opinions and
plans as shall be from time to time designated by the Council and the work shall be
carried on under the direction and supervision of the Councilor such officer as it may
d. 1
eSlgnate.
7-5-3: COST:
(A) In order to defray the cost of such activites, as set forth in Section 7-5-2 hereof, the
City Council of the Villagc may levy a special tax of not to exceed two (2) mills in
any year in excess of Statutory millage limitations, but not in any event more than
fifty cents (50r) per capita, and may make such a levy, where necessary, separate
from the general levy and at any time of the year as the Council shall deem necessary.
(B) If, because of the prevalence of Dutch elm disease. oak wilt or emerald ash borer, the
Council is unable to defray the cost of control activities authorized by this Chapter,
the limits set by this subsection shall be increased to four (4) mills, but not in any
event more than one dollar ($1.00) per capita.
7-5-4: CERTIFICATES OF INDEBTEDNESS:
To provide funds for such activites in advance of collection of the tax levies, the Council
may, at any time after the tax has been levied and certified to the County Auditor for
collection, issue certificates of indebtedness in anticipation of the collection and payment
of such tax as provided by Statute. If the Council determines that an emergency exists, it
may make appropriations from the proceeds of such certificates for authorized purposes
without complying with Statutory provisions requiring that expenditures be based on a
prior budget authorization or other budgeting requirement.
7-5-5: PEST CONTROL FUND:
The proceeds of any tax levied under this Chapter or of any issue of certificates of
indebtedness shall be deposited in the City Treasury of thc Village in a separate fund to
be known as the "Pest Control Fund", and expended only for purposes authorized by this
Chapter. Ifno disbursement is made from the Fund for a period of five (5) years, any
moneys remaining therein may be transferred to the General Fund.
7-5-6: REGULATIONS; SCOPE:
The Villagc City Council shall adopt such rules and regulations as they deem necessary
to enforce the control and prevent the spread of plant and animal pests and diseases. Such
regulations shall authorize the appropriate officer the right and power to enter and inspect
any public or private place which might harbor any pests, as herein defined, and shall
require the owner of such premises to destroy such nuisances. In default of said owner to
provide for the abatement of such pests the Village City shall provide for such work to be
done at the expense of the owner and such expense shall be a lien upon the property
thereof and may be collected as a special assessment as provided by Statute. (1970 Code)
Chapter 6
DUTCH ELM TREE DISEASE CONTROL
7-6-1: DEFINITION, NUISANCE:
The following shall constitute a public nuisance at the recommendation of the State
Commissioner of Agriculture. the Minnesota Department of Natural Resources and the
University of Minnesota Extension:
All living or standing species and varieties of elm trees (trees of Ggenus ttUlmus)
infected with the fungus known as the Dutch elm disease (Ccratostomclla Ophipstpma
ulmi) as dctcrmined by laboratorics approvcd by Minnesota dcpartment of agriculturc,
arc hcrcby dcclarcd to bc public nuisanccs. or which harbors any of the elm bark beetles
Scolytus multistriatus or Hylurgopinus rufipes:
Any living or standing red oak tree (trees of genus Quercus) or part thereof infected to
any degree with the oak wilt fungus (Ceratocystis fagacearum):
Any living or standing ash tree. or any part thereof. harboring or infested with emerald
ash borer beetles or larvae or eggs thereof (Agrilus planipennis):
Any dead elm. red oak or ash tree or part thereof. including logs. branches. stumps.
firewood or other elm. oak or ash tree material from which the bark has not been
removed or sprayed with an effective elm bark beetle insecticide. oak wilt fungus
deterrent or emerald ash borer insecticide.
.\11 spccics and varictics of clm trccs that arc dcad or substantially dcad and all dcad clm
'.vood to which thc bark is still attachcd, which, bccausc ofthcir condition, may scrvc as a
brccding placc for thc Europcan elm bark bcctlc (Scolytus multistriatus), and thc native
elm bark bectle (Hylurgopinus rufipcs), or any othcr carricr of said diseasc, arc hcrcby
dcclarcd to be public nuisanccs. (Ord. 075 10, 5 19 1975)
7-6-2: ENFORCING OFFICER:
The tree inspector shall perform the duties set forth in this chapter and shall enforce the
provisions of this chapter. He may have such assistance as the city council shall from
time to time provide for. (Ord. 075-10, 5-19-1975)
7-6-3: ABATEMENT OF NUISANCE BY OWNER OF PROPERTY:
It shall be unlawful for any owner of any lot or parcel of land in the city to permit or
maintain on any such lot or parcel of land any dead elm. oak or ash wood or elm. oak or
ash tree which is a public nuisance as defined herein, and it shall be the duty of the owner
of such to promptly spray. remove or otherwise effectively treat using current technical
procedures which are accepted by such agencies as the Minnesota Department of
Agriculture, the Milmesota Department of Natural Resources or the University of
Minnesota so as to destroy and prevent the spread of Dutch elm disease, oak wilt fungus
or elm bark beetles, larvae or eggs or other regulated tree disease and burn any such elm
trcc or dcad elm wood under the supervision and direction of the tree inspector. (Ord.
075-10,5-19-1975)
7-6-4: INSPECTIONS:
The tree inspector is authorized and empowered to enter upon any lot or parcel of land in
the city at any reasonable hour for the purpose of inspecting any elm, oak or ash trees or
dead elm, oak or ash wood situated thereon and he may remove such specimens from any
such trees as are required for the purposcs ofthc laboratory analysis rcfcrrcd to in this
chapter diagnosis using current technical procedures, or to determine whether such tree
because it is dead, or substantially dead, may serve as a breeding place for any carrier of
Dutch elm disease. oak wilt fungus or elm bark beetles, larvae or eggs. It shall be
unlawful for any person, firm or corporation to take any action to prevent the tree
inspector from entering on any lot or parcel of land in the city for the purpose of such
inspection or to interfere with the tree inspector in the performance of any of his duties
provided for under the provisions of this chapter. (Ord. 075-10, 5-19-1975)
7-6-5: NOTICE TO OWNER:
If, on laboratory analysis of spccimcns rcmovcd from any clm trcc by thc trec inspcctor,
it is determined that such tree is infected with Dutch elm disease, oak wilt fungus or elm
bark beetles, larvae or eggs a public nuisance as providcd hcrcin or if the tree inspector
determines that any dead, or substantially dead elm, oak or ash trees, or dead elm. oak or
ash wood is a public nuisance as provided herein, the tree inspector shall serve or cause
to be served upon the owner of record of the lot or parcel of land on which such tree or
dead elm. oak or ash wood is located, a written notice requiring such owner to comply
with the provisions of this chapter. If any person upon whom such notice is served, fails,
neglects or refuses to remove and destroy such elm, oak or ash tree or dead elm, oak or
ash wood within sixty (60) days after service of such notice, the tree inspector may
proceed to remove such tree or dead elm, oak or ash wood and bill the cost thereof to the
owner of such lot or parcel of land and the amount of such cost shall be paid by the
owner to the city.
If the inspector finds that danger of insect infestation or spread of tree disease is
imminent. the inspector may order any treatment or tree removal determined to be
necessary to abate the nuisance.
In all other cases, prior to any treatment or removal. the inspector shall cause written
notice of proposed actions to be sent by regular mail or personally delivered to the
occupant or the owner of the premises. Failure to give notice shall not invalidate the
city's actions. The inspector may order any treatment or tree removal determined
necessary to abate the nuisance.
Scrvicc of noticc providcd for in this scction shall bc by pcrsonal scrvicc of thc OVillcr of
thc lot or parcel ofland on '.vhich an infcctcd elm trcc is located if a residcnt ofthc city. If
such o','mcr cannot be found in thc city or is a nonresident of said city, '.vrittcn noticc shall
bc scrvcd by rcgistercd mail and by publication at lcast oncc in a ncwspapcr of gcncral
circulation in thc city. (Ord. 008 588, 10 20 2008)
7-6-6: PAYMENT OF COSTS:
If the city removes from any lot or parcel ofland in the city, any infected, dead or
substantially dead elm. oak or ash tree or dead elm. oak or ash wood, which is a public
nuisance as provided by this chapter, the billing of the cost of the work done by the city
against the owner of the lot or parcel ofland involved shall be in addition to the penalties
imposed herein for any violation or noncompliance with any provision of this chapter.
Unpaid bills more than thirty (30) days past due shall be considered in default and will be
assessed a penalty as set forth from time to time by resolution of the city council. The city
council may levy an assessment equal to such unpaid cost plus penalty against each lot or
parcel of land from which the dead and/or diseased elm. oak or ash tree or elm. oak or ash
wood has been removed pursuant to thc provisions ofMSA 429.101. (Ord. 083-158,12-
19-1983)
7-6-7: ABATEMENT OF NUISANCE BY CITY:
Any elm, oak or ash tree or dead elm. oak or ash wood on accessible property owned by
the city which is a public nuisance as defined in this chapter shall be promptly sprayed,
removed and burncd or otherwise effectively treated using current technical procedures
which are accepted by such agencies as the Minnesota Department of Agriculture. the
MiImesota Department of Natural Resources of the University of Minnesota so as to
destroy and prevent the spread of Dutch elm disease. oak wilt fungus or elm bark beetles.
larvae or eggs or other regulated tree diseases under the supervision of the tree inspector
at the expense of the city. (Ord. 075-10, 5-19-1975)
7-6-8: TRANSPORTATION
It is unlawful for any person to transport into the city any infected. bark-bearing ash. elm
or oak wood determined to be a nuisance.
7-6-82: PENALTY:
Any person, firm or corporation violating any of the provisions of this chapter by failing,
neglecting or refusing to comply with the provisions of any notice herein provided for,
within ten (l0) days after the service thereof, or, who shall resist or obstruct in carrying
out the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of
not more than three hundred dollars ($300.00) for each offense. A separate offense shall
be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 075-10, 5-19-1975)
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _ day of
City of Farmington.
,2012, by the City Council of the
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
David McKnight, City Administrator
SEAL
By:
City Attorney
Published in the Farmington Independent the
day of
,2012.
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmingtonomn.us
TO:
Planning Commission
FROM:
Lee Smick, AICP CNU-A
City Planner
SUBJECT:
Halsted
DATE:
May 8, 2012
INTRODUCTIONIDISCUSSION
Marty Halsted, 18061 Pilot Knob Road is proposing to construct a mini-storage building on the west side of his
property. The proposed building would be the first, with additional buildings to follow. The property is zoned
R-1 (low density residential). In 1977, the property received a Special Exception Permit (which is a CUP) to
use the property for Equipment Maintenance and Storage Facility. The property is used for storage of
recreational campers and boats at this time.
EQUIPMENT MAINTENANCE AND STORAGE FACILITY was a part of the 1970 Village Code and is
defined as follows:
A facility for maintenance, repair or storage of equipment on property owned by the owner of said equipment.
MINI STORAGE UNITS are defined as follows:
A building or series of buildings consisting of individual, small, self-contained units that are leased or owned
for the storage of business and/or household goods.
Any type of amendment to the 1977 CUP or change in use to allow a new enclosed storage facility on that
parcel would have to be viewed as an expansion of a nonconformity, which is only allowed through a variance.
Since we could not grant a use variance, an option would be to amend the zoning code to allow mini-storage
facilities in an R-1 zone through a text amendment, or rezone the parcel to a zone that would allow the use (1-1,
B- 3). If the property were zoned B-1 (Highway Business), a text amendment would also be required.
Staffis recommending that the property not be rezoned to I-lor B-3 because of the surrounding neighborhood.
Staff is also recommending not to approve a text amendment for mini-storage in the R-1 or B-1 zone.
ACTION REQUESTED
Discuss proposal of a mini-storage on property at 18061 Pilot Knob Road and provide comments from the
Planning Commission concerning the rezoning of the property to A-lor B-3 or the text amendment to the R-I
or B-1 (requires rezone) districts for Mini Storage Units.
Respectfully submitted,
C~
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Gte ~ _..
Lee Smick, AICP
City Planner
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City of Farmington
430 Third Street
Farmington, MN 55024
A Proud Past - A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All
Of Our Customers
AGENDA
PLANNING COMMISSION
May 08, 2012
7:00 P.M.
CITY COUNCIL CHAMBERS
1 . CALL TO ORDER
Commission members present: Primmer, Bonar, Rotty, Franceschelli
Commission members absent: Kuyper
2. APPROVAL OF MINUTES
a) April 1 0, 2012 Regular Meeting
The minutes were approved as presented with a vote of 4-0.
3. PUBLIC HEARINGS
a) Variance request for placement of a deck within a drainage and utility easement
Applicant: Garrett 8: Renee Warren
4469 207th Street W
Farmington, MN 55024
The Commission approved the variance with a vote of 4-0 subject to the following conditions:
1. The deck is limited to having three (3) support posts in the ground.
2. The submittal and approval of a building permit.
3. The applicant will hold harmless the City related to any damage or misfortune that may occur as a
result of mishap to the deck.
b) An ordinance amending Chapters 5 and 6 of Title 7 of the City Code as they relate to Rodent, Pest Control
and Dutch Elm Disease Control, respectively.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
The Commission recommended approval of the ordinance as presented with a vote of 4-0. The ordinance is
scheduled to go before the City Council on May 21,2012 for final adoption.
4. DISCUSSION
a) Possible amendment to a Special Use Permit to allow Mini Storage Units - Mardell Halstead
Location: 18061 Pilot Knob Road
The Commission would not support a rezoning of the property to B-3 or 1-1 as those zones would be too intense
for the neighborhood. It was suggested that the applicant work with staff to try to make it work either in the
existing R-1 zone or to rezone the property to a B-1 zone.
b) Fencing requirement within the Downtown Commercial District Overlay Design Standards
The Commission is interested in amending the City Code as it relates to the design standards and fencing. They
would be receptive to allowing chain link and slatted fencing for only the properties within the district that are
zoned B-3.
5. ADJOURN