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Home My WebLink About06/12/12 City of Farmington 430 Third Street Farmington, MN 55024 , . AGENDA PLANNING COMMISSION June 12, 2012 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) May 8, 2012 Regular Meeting 3. PUBLIC HEARINGS A Proud Past - A Promising Future Committed to Providing High QuaUty~ Timely and Responsive Service to All Of Our Customers a) Variance request of 500 square feet to construct a 2,000 square foot detached garage within the R.1 Zoning District. Applicant: Kerry Hanifl 19927 Akin Road Farmington, MN 55024 b) Variance requests from the waiver of platting requirements and minimum lot size requirement within the A-1 Zoning District. Applicant: Mildred Pelach 19867 Flagstaff Avenue Farmington, MN 55024 c) Review of the 2011 Amendment to the 2030 Comprehensive Plan Applicant: City of Farmington 430 Third Street Farmington, MN 55024 d) An ordinance amending Section 10-6-28 (I) of the Zoning Code as it relates to screening and fendng. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 4. DISCUSSION a) Chiropractic office in IP zone - Dale Pettis 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 of 500 square feet to construct a 2,000 square foot detached garage within the R-l Zoning District DATE: June 12,2012 INTRODUCTION Kerry Hanitl is seeking approval of a variance to exceed the 1,500 square foot maximum size requirement for a detached garage within the R-l Zoning District by 500 square feet. The applicant would like to build a 2,000 square foot detached garage on the property located at 19927 Akin Road. Planning Division Review Applicant: Kerry Hanitl 19927 Akin Road Farmington, MN 55024 Property Address: 19927 Akin Road Attachments: 1. Application (Ex. A) 2. Aerial photography of property (Ex. B) Variance Request: To construct a 2,000 square foot detached garage on her property. This would be an increase of 500 square feet from the maximum size of a detached garage in the R-l Zoning District. Existing Zoning: R-l (Low Density Residential) 2030 Comprehensive Plan: Low Density Residential DISCUSSION The applicant's property consists of two parcels ofland totaling 10.89 acres (please note attached aerial highlighting the two parcels). The applicant's home, pool and existing outbuilding are located on the larger 7.65 acre parcel (Parcel A) that is adjacent to Akin Road. The proposed 2,000 square foot detached garage would also be located on this parcel. Parcel B is a remnant parcel from the Vermillion Grove subdivision. The applicant is requesting a larger detached accessory building as it is proposed to be utilized as a multi-use building (i.e., garage, wood shop and recreation room). The proposed 2,000 square foot detached garage would still be smaller that the principal structure (home) which, according to County records, has a foundation size of 2,338 square feet in size maintaining the code requirement that an accessory structure be subordinate to the principal structure. As previously mentioned, there is an existing outbuilding located on this property that is approximately 800 square feet in size. The City Code allows for 1 storage shed up to 240 square feet in size and 1 detached garage up to 1,500 square feet on this parcel. Being the existing outbuilding is well above the 240 square foot limitation for storage sheds it is considered the same as a garage. Therefore, the applicant would have to demolish the existing outbuilding prior to constructing a new detached garage on this property irregardless of the size of the proposed detached garage. If the Commission approves the variance a condition of approval should be that the existing outbuilding is demolished prior to starting construction of the new detached garage. The applicant has indicated that they would demolish the existing outbuilding. Lot coverage and setbacks will not be an issue with the proposed detached garage if constructed where the applicant has identified it on the attached site plan (Ex A2). The Planning Commission shall not approve any variance unless they find that "practical difficulties" as defined 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 ofland involved, strict adherence to the regulations of this title would cause practical difficulties. The parcel of land on which the detached garage is to be located is 7.65 acres in size. There are few residentially used and zoned parcels of this size within the City. And, being the applicant wishes to utilize the structure for multiple purposes (garage, work shop, and recreational room) it seems reasonable to staff to allow the increase of 500 square feet. 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. The parcel on which the proposed detached garage is to be located on is 7.65 acres in size. There are few, if any, residentially zoned and used lots within the City of this size making it a unique situation. The minimum square footage for a lot that is zoned R-1 is 10,000 square feet. 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. 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 be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish 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. Detached garages are allowed within residential areas provided they meet setback and lot coverage requirements. ACTION REQUESTED Staff recommends approval ofthe variance as requested, subject to the following conditions: 1. The demolition of the existing outbuilding prior to construction of the proposed detached garage. 2. The submission and approval of a building permit. Respectfully submitted, 7o:i~i8ci~ Plann~ Cc: Kerry Hanitl, 19927 Akin Road EX .AJ.. ~H~..~" ~0~~' ~C~7) ;...~./// .. '~~:...0::/' City of Farmington .1.30 Third Slrl:..,;l Far1l1ingl{ln. \linn":':iOlil h51.2.SU.l,~mo. r:p; 6~1.2xt),6Xl)9 W\\ w....i.t;~rll1i[J:;lu~_nm ,I" ! VARIANCE APPLICATION ~ Applicant: J<a....rr1 fk~{ { Address: ~ en 2- -=1 A~- f\ r ~ Street Telephone: C&J Lff:f:> - U&t..f Fax: ,U ~-t!~~ Lf\'" I 1111 ~ . <).\7).7-;1 City State ZIp de Owner: Dtlrw? Telephone: <-J Fax: <-J Address: Street City Premises Involved: [4.1 ?~:=t A bH\A ~ &. Address! Legal Description (lot, block, plat name, section, township, range) :K.-\ , State Zip Code Current Land Use \\t> ~ ..~ t I\:t ~ \ Specific Nature of Request I Claimed Practical Difficulties: I'..L I; \4- ~ ~. (4 ~ I)~....~ \ol,' \Y ,ta.{-.....+,-..k..J) er:t 'Coif" llJ. . L~ ("t IUA r:('r'\~, D 1\ ~; le f'!sk-,<e-'hon {o>"1 I'5DDsb'-..(1- ..J-a..ktxJ~f SUBMITTAL REQUIREMENTS ~l~~f\-5-tD lee- UO-f''Q<-J;...)CD6-'Oi,v,-p1a..--&. \Cc.. ('':;'011\.. Proof of Ownership Copies of Site Plan Application Fee ($200) Abstract'Residential List (adjoining property owners only) Boundary / Lot Survey Torrens (Owner's Duplicate Certificate of Title Required) /'--/~ "-~ ' Signature of Property 'OWner Current Zoning District r:/It/I'2- I f' Date ~~-- Sign r of Applicant ~/l()/L I 6ate Request Submitted to the Plannin~ Commission on S //1.1:.'// J. For office use only Public Hearing Set for: (.! /';'/1')' Advertised in Local Newspaper: s-I=< / / /J.. Planning Commission Action: _Approved Denied - Fee Paid X ~ City of Farmington $46 - Dakota County Recorder Comments: Conditions Set: Planning division: Date: 9/06 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 ,._,.,-.":...,!'~.' t=--._.-:..._~.-'~}' \,\..\\"', . 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L ~ :"~/l\'i .:j'": g 1,7". ; _I'...;.~...::: I~.' I~ \t}';' '} i __,___c~~ts'.!,-- . i ",' , . , E)(.8> Page 1 of 1 Dakota County, MN Disclaimer: 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 = 442 feet 6/5/2012 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Variance requests from the waiver of platting requirements and minimum lot size requirement within the A-I Zoning District. Applicant: Mildred Pelach DATE: June 12,2012 INTRODUCTION The applicant, Mildred Pelach, is seeking a variance from the minimum lot size requirement in the Agriculture Zoning District (A-I) and a waiver of plat to subdivide an existing 66.44-acre parcel that is currently farmed to create four parcels for Ms. Pelach's children and her homestead. (Exhibit A). The City Code states that "A subdivider of a single parcel of land into no more than two (2) parcels may request a waiver ofthe formal plat review process." The proposed lot split is located on property that is identified as Ag Preserve. The City Code requires a minimum lot size for a property in the A-I zoning district as 40 acres. The newly created parcels would be 26.11 acres (Parcell), 12.83 acres (Parcel 2), 16.24 acres (Parcel 3) and 38.42 acres (Parcel 4) less than required for the minimum lot size of a property in the A-I District. PLANNING DIVISION REVIEW Applicant: Mildred Pelach 20491 Flagstaff Avenue Farmington, MN 55024 Attachments: 1. Application 2. Proposed Lot configurationIPlat Property Location: West side of Flagstaff Avenue, North of200th Street W Proposed Lot Size: Varies as described above Existing Zoning: A-I (Agriculture District) 2020 Comprehensive Plan: Agriculture Existing Land Use: Agricultural Proposed Land Use: Farming Surrounding Land Uses: Agricultural Uses, Single Family Homes DISCUSSION Waiver of Plat As mentioned above, to apply for a waiver of plat, no more than two parcels may remain after the split. As shown on the attached plat, the applicant would like to divide her property into four parcels. This would require a variance considering the number of splits. Additionally, a waiver requires that a property reside outside of the MUSA boundary, therefore, the property meets this requirement. In order to limit the number of waivers in the Agricultural district, staff feels that conditions to the waiver be site specific. Therefore, staff suggests that the four parcels (26.11 acres (Parcell), 12.83 acres (Parcel 2), 16.24 acres (Parcel 3) and 38.42 acres (Parcel 4)) cannot be split further without platting the property per the City Code. The Board of Adjustment may vary the regulations of this Title if the following requirements are met: 1. Because the particular physical surroundings, or the 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. The property resides in the agricultural district and is outside of the MUSA boundary. Ms. Pelach could not split her lot into four parcels if the variance was not approved. 2. That the variance would be consistent with the comprehensive plan. The comprehensive plan shows the properties as agriculture. The properties are consistent with the 2030 Comprehensive Plan. 3. That the variance would be in harmony with the general purposes and intent of this title. Since the properties will continue to be farmed, they are in harmony with the variance. 4. The conditions upon which a 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. When the City Code was amended to increase the minimum lot size in the A-I District, several properties became nonconforming. That is, the property is unique to the agricultural district as is all the parcels in the district. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The City Code does not allow lot splits of two or more parcels in the agricultural district. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. Granting the variance to waive a plat would not alter the character of the area or have a negative impact on other property in the vicinity. The remaining property will continue to be farmed, meeting the A -1 zoning requirements. 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The proposed variance would not result in any of the above mentioned adverse effects. 8. The requested variance is the minimum action required to eliminate the practical difficulties. The Planning Commission must determine whether granting a variance to waive the plat requirement would eliminate the potential hardship. 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. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. The hardship, if determined by the Planning Commission to exist, was not created by the applicants or any other person having an interest in the property. Nonconforming Parcel The minimum lot size requirement for properties within the A-I District was amended in May of2002. The previous minimum lot area requirement was one (1) acre and was changed to 40 acres. The applicants are requesting to split 66.44- acres into four parcels, which requires a variance to the lot standards in the A-I Zoning District. The Board of Adjustment may vary the regulations of this Title if the following requirements are met: 1. Because the particular physical surroundings, or the 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. The City Code was amended in May of 2002 to increase the minimum lot area required for properties in the A-1 District from one (1) acre to 40 acres. If the Code amendment had not occurred, the applicant could proceed with the waiver of plat and be in complete compliance with the Zoning Code. The amendment to the code, therefore, may have caused undue hardship to the applicants. 2. That the variance would be consistent with the comprehensive plan. The comprehensive plan shows the properties as agriculture. The properties are consistent with the 2030 Comprehensive Plan. 3. That the variance would be in harmony with the general purposes and intent of this title. Since the properties will continue to be farmed, they are in harmony with the variance. 4. The conditions upon which a 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. When the City Code was amended to increase the minimum lot size in the A-1 District, several properties became noncoriforming. That is, the property is unique to the agricultural district as is all the parcels in the district. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. When the City Code was amended to increase the minimum lot size in the A-1 District, several properties became noncoriforming and a hardship was created 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. Granting the variance to create a 13.89 acre, 27.17 acre, 23.76 acre, and 1.58 acre parcels would not alter the character of the area or have a negative impact on other property in the vicinity. The remaining property will continue to be farmed, meeting the A -1 zoning requirements. 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The proposed variance would not result in any of the above mentioned adverse effects. 8. The requested variance is the minimum action required to eliminate the practical difficulties. The Planning Commission must determine whether granting a variance to create four parcels is the minimum variance that would eliminate the potential hardship. 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. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. The hardship, if determined by the Planning Commission to exist, was not created by the applicants or any other person having an interest in the property. ACTION REOUESTED Approve the variance from the waiver of plat requirement of no more than two lots and the minimum lot size requirement in the A-I zoning district to allow the property to be divided with these conditions: 1. The four parcels (26.11 acres (Parcell), 12.83 acres (Parcel 2), 16.24 acres (Parcel 3) and 38.42 acres (Parcel 4)) cannot be split further without platting the property per the City Code. Respectfull~i~ ~~ Lee Smick, AICP City Planner cc: Mildred Pelach Glenn Nord JUL;19-212111 17:1219 CITY FARMINGTON 651 463 2591 P.12I2/I2IS Applicant: Mildrp-d To. Pelacl1 C/O R. Glenn Nord Address: P.O. Box 427, 20686 Holyoke Ave., Street Ci~ ~ City ~~.':!.ngt.n n \j] [~\~\! ~..';;;~? ~I~~~~~sn il,i n,: 1.1141 I J " II "'\Ir\t.eiI.,.~ , ~ VARIANCE APPLICATION ~y~~- ~--- j ~ :E'QJ; R Glenn Nord Telephone: ~-469-4Y4tl Fa:,,: 9...52l-:469-4948 L Lakeville, MN State 55044 Zip Code Owner: Mildred L. Pelach Tell...phone;@j.-463-8547 Fax: (_) Address: 19867 Flaqstaff Ave. Street W., Fanninqton, MN City State 55024 Zip Code Premises lnvolved; See Attached Legal Description Address/ Legal Description (lot. block. plat name, section. township, range) Current Zoning District .:::-_1~._..._ Current Land Use Agricultural Speeifie Nature ufRequcstl Claimed Haru$hip: Owner is qiftinq her large parcp-l or farmland to her children. 'T'he n~.;;.T Q-i ft i ng_.me.c:bPB loll tl:l...p.J::im;..~i.l.lg.._ STrRMlTT AT. REO~1TREl\i~~ ~ProofofOwncrship y.,; ilL: \(1< IllI. Application Fee ($200) I! Bo I Lot Swvey iJ Copies of Site Plan il.J AbSltllollResidenlial List (UdjOjning~rO rty Ownc::T$ only) t::J T(lTren(l (Ownc:r'(1 Duplicat/: Ccrtiflc fT.~J.' ~ " d), .' ~ _ (._~ .- - - -/c'i IJ.'? <- Vl'rr (j } Mt/l;~(,;;~4) .5 7)V Date "Signature of Applicant Dnle Request Submitted to the Planning Commission on Public Hearing Set for: For office use only Advertised in Local Newspaper: Planning Commission Action: _Approved _Denied Fee Paid ($200 - City ofFannington \.$46 - Dakota County Recorder Comments: Conditions Set: Planning division: . Date: 9/0li JUl~19-2011 17:09 CITY FARMINGTON 651 463 2591 P.03/05 V ARlANCE PERMIT PROCESS Step 1: If it is detennined by the City Planner that a variance will be necessary to proceed with a development, an application must be tiled along with a site plan to the City Planner. An application fee in the amount of$200 must accompany the completed application form. The City Plarmer will notifY affected property owners ofthe variance request. If the fee is not paid, no action will be taken by the Planning Commission. Step 2: The applicant(s) should develop a site plan to be submitted with the application. (Site plan requir~mcn1S include the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location of yards and accessory structures). Proposals may be reviewed by the Development Committee, which meets every Tuesday. Application and all relevant materials should be submitted at least three (3) weeks prior to the scheduled meeting date. Step 3: The request will be placed on the Fannington Planning Commission agenda. The Farmington Planning commission meets on the second Tuesday of each month (special meetings are held on the fourth Tuesday ifnecessaxy and called by the Planning Commission Chair). Step 4: Planning staff will prepare a staff report for each request received, Staff reports will be provided to the Planning Commission and the applicant(s) prior to the Planning Commission meeting. Step 5: The Planning conunission will hold a public hearing. The phuln ing Chair will first introduce the application and staffwHl present their report. The Planning Chair will request ifthc: npplicant(s) has any additional comments to add to the report. The Commission will review and consider a variance in which Ii hardship is claimed by the property owner that is in rdation to (he property, A hardship claim can not be moneteuy . The Board of Adjustment may vary the regulations of this Title if all of the following requirements are met: ). Because the particular physical surroundings. or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms ofthis Title. 2. 1'he conditions upon which a variance is based are unique to the parcel ofland for which the variancc is sought and are not applicable, generally, to other properties within the same: zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel oftand is located or substantially diminish property values. 5. The proposed variance will no substantially increase the congestion of the public streets, Or 1ncrease the danger of tire, or be detrimental to the public welfare or public safety. 6. The requested variance is the minimum action required to eliminate the hardship. The Commission will yote to approve. deny. approve with conditions or table each request, The Planning Commission will attach conditions to their reconuncndation of approval to ensure that a proposal will not negatively affect surrounding property OwnerS. All actions taken by the Planning Commission arc final. The applicant or petitioners may choose to file an appeal to be heard by the City Council. Step 6: If the variance is approved, the applicant may then apply for a building permit to be reviewed by the City Building T nspector. The City Clerk will record the application with Dakota County Property Records, JUL-19-2011 17:09 1 CITY FARMINGTON 651 463 2591 P.04/05 e.~" 'L' '!{!!IJI} \\:~..~ City of Farmington .00 Thin! SUM f.oomi....... M......... 651.2l1l1.6llOO ,F.. 6S1'=blI99 ......41LfIIrM............ : .or :. ~lenn ~~ Tt:lt:ph~~nc:95.2L169_494&-" . ...9.55.2.-4(;Q-4Q40 ~ WAIVER OF PLAT Al'PLICA nON Applicant: Mil dn"ld T.. Pp1 QC'h c/o R. Glenn Nord AI.ldn::$s: P.O. Box 427, 20686 Street FILED ~ Holynke A3IP , Lake~Till€l' MN City State 55044 Zip Code Telephone:(65)b-A6i R547 Fax: U Owner; Mildred L. Pelach 55044 Zip Code MlliliDg Address: 19867 Flaastaff Ave. W. Farminaton, MN SD'eet City State Gorman $urveying, Inc. ~ SIln'eyor; Attn: Rlchar~ W. Cook __Telephone: 952~":'346-e300 Fax; (~ Q52' 346 9110 Address: 8640 Harriet Ave. S., Suite 102. R1nnm;ntC'm,..!~:~:r::L?2420-?.:72R Street City tale Zip Code PremiSL'S Involvl:d: See attached lean] pp!=:r'r; pt i on and Sl1 rvPy Addressl Legal Description (lot., block, pInt name, section, township, range) 'Propl:rty PCSl:ription: See nt.t.rl("'hPd , P~F~" dP!=:C':'r.i pi-; t"\t), and survey MUIlicipal Sewer Available? 0 YES fi] NO Municipal Scwcr Available? 0 YES 0 NO Have all necessary street dedications bcc:n madc:? ~ YES 0 NO o To ns (Owner's Duplicate C lentl:: of Tilltj Required) f!l F' aid $ (. 25 O/stafftirne) Request Submitted to the Planning Commission on___~. Public Hearing Set for: Planning Commission Action: __Approved City Council Action (if necessary): _Approved Comments: Cond.itiot'ls Set: Planning division: _~_." CODIlectionsln? 0 YES ID NO Connections In? 0 YES 0 NO :./~ For office use only Advertised in Local Newspaper. Denied Denied Date: 9/06 JUl-19-2011 17:10 CITY FARM I NGTON 651 463 2591 P.05/05 11~1-5: WAIVER OF PLATTING: The following land divisions are exempt from the provisions of this title: (A) A subdivider of a single parcel ofland into no more than two (2) parcels may request a waiver of the formal plat review process. (B) The request shall be submitted on a form provided by the city and shall be accompanied by a registered survey which shall include a key map of the quarter-quarter section where it is located showing all other parcels. (C) The waiver may be granted by the zoning officer ifboth of the following requirements are met: 1. The property is part of a recorded plat or both parcels created by the subdivision are situated outside of the urban service area as identified in the Farmington comprehensive pla'n. 2. The lots meet the minimum lot requirements ofthe zoning ordinance1. (D) If, in the opinion of the zoning officer, the proposed subdivision of property would adversely affect the futtrre orderly development of the property or adjacent property, or if it lies within the urban service area, the waiver may be forwarded to the city council for its consideration. The council shall waive the platting requirements unless it determines the proposed subdivision would adversely affect the orderly development of the property or adjacent property. (E) The subdivision requested must be effected and filed with the Dakota County recorder and proof of filing fumished to the city within sixty (60) days from the date of approval or the waiver is null and void. (Ord. 002-470, 2-19-2002) MILDRED L PELACH 19867 FLAGSTAFF AVE FARMINGTON, MN.55024-1805 6410 c j oj ,.- ~"O~ f i .;}:.,; $- ~/;;6 . ' 17-1/9103573 . 0000194466 Date I: 09 ;I. 0 0 0 0 ;I. 91: 0000;1. 9 ~ ~ b b II- 0 b ~ ;I. 0 MILDRED L PELACH 19867 FLAGSTAFF AVE FARMINGTON, MN 55024-1805. MILDRED L PELACH 19867 FLAGSTAFF AVE FARMINGTON, MN 55024-1805 I 17-1/9103573 I - - ,. . - . OIio0194466_ cr-./ Q)"-./ ~ate -' -:1 $ ./;J.:f:,q?!~c.: 6411- PRESENT LEGAL DESCRIPTION OF THE MILDRED L. PELACH PROPERII'Y TO BE .SUBDIVIDED (PID # 14-02200-011-80) The following described tracts, pieces qr parcels of land situate, lying and being in the County ?f Dakota and State of Minnesota, to~wit: The East Half of the Southeast Quarter (E% of SE%) of Section Twenty-Two (22), ' Township One Hundred Fourteen (114), Range Twenty (20), EXCEPT the following five parcels: (1) Commencing at the Southeast corner of said Southeast Quarter (SE%) thence North along the East line of said Southeast Quarter (SE%), a distance of 1691.25 feet to the actual point of beginning of the tract of land to be herein described, thence continuing North along the East line of said Southeast Quarter (SE%) a distance of 104.35 feet, thence West at an angle of 900 to the left a distance of 208..71 feet, thence South at an angle of 900 to the left a distance of 104.35 feet, thence East at an angle of 900 to the left a distance of 208.71 feet to the actual point of beginning, (2) Commencing at the Southeast corner of said Southeast Quarter (SE%), thence North along the East line of said Southeast Quarter (SE%) a distance of 758 feet to the actual point of beginning of the tract of land to be herein described, thence West at right angles to the said East line of said Southeast Quarter (SEX) a distance of 172 feet, thence North and parallel to said East line of said Southeast Quarter (SEX) a distance of 154 feet, thence East 172 feet to the East line of Southeast Quarter (SEX), thence South along said East line of said Southeast Quarter (SEX) 154 feet to the point of beginning, (3) Commencing at the Southeast corner of said Southeast Quarter (SEX), thence West along the South line of said Southeast Quarter (SE%) a distance of 603 feet to the actual point of beginning of the tract of land to be herein described; thence North at right . angles with the South line of said Southeast Quarter (SEX) a distance of 216 feet, thence West and parallel with the South line of said Southeast Quarter (SEX) a distance of 193 feet, thence South a distance of 216 feet to, the South line of said Southeast Quarter (SEX) thence East along the said South line of said Southeast Quarter (SE%) 193 feet to the actual point of beginning, all in Section Twenty-Two (22) Township One hundred fourteen (114), Range Twenty (20) (4) The north 660,00 feet of the east 660.00 feet of the East Half of the Southeast Quarter (E% ofthe SEX) of Section Twenty-Two (22), Township One hundred Fourteen (114), Range Twenty (20), (5) The East 400 feet of the East Half of the Southeast Half (E% of SEX) of Section Twenty-Two (22), Township One Hundred Fourteen (114), Range Twenty (20) excepting therefrom the North 627.84 feet and the South 1795.60 feet, According to the Government Survey thereof. 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Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP CNU-A City Planner SUBJECT: 2030 Comprehensive Plan - 2011 Amendment DATE: June 12,2012 INTRODUCTIONIDISCUSSION Commissioners have recently received the 2030 Comprehensive Plan - 2011 Amendment. All revisions to the Plan are shown in red in the 2011 Amendment. The following revisions have been made, though this is not an all inclusive list: 1. Most of the changes deal with population, household, etc., numbers that are associated with the 2010 Census. 2. The Agricultural Preserve Acres has been modified because property owners have determined that they want to re-enroll in the program. Of note, Donnelly Farms has enrolled eight new properties into the program for eight years. No development may occur on these properties until the owner takes them out of the Agricultural Preserve, not before eight years has passed. 3. The 2009 Transportation Study has been included in the Plan along with the construction discussion for 195th Street. 4. The Sustainability Chapter is now included in the Plan. 5. The Economic Development Chapter has been revised to include the Economic Development Strategy. 6. The "fringe properties" along 151 and Elm Streets and 4th and Oak Streets have been revised from commercial to low medium density residential. ACTION REOUESTED Recommend approving the 2030 Comprehensive Plan - 2011 Amendment and forward the recommendation to the City Council. "-'~"/ C,./,""<: Lee Smick, AICP City Planner City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mrt.us TO: Planning Commission FROM: Tony Wippler, Assistant City Planner SUBJECT: An Ordinance amending Section 10-6-28(1) of the Zoning Code as it relates to screening and fencing DATE: June 12,2012 INTORDUCTION Attached, for the Commission's consideration is an ordinance amending the Downtown Commercial District Design Standards as they relate to screening and fencing. DISCUSSION Staff is suggesting amending the screening and fencing requirements within the Downtown Commercial District (DCD) Design Standards to allow for chainlink and slatted fencing for properties that are zoned B-3 within the DCD overlay district. The proposed language also specifies that the portions of fencing on B-3 properties which are adjacent to parcels with established residential uses should consist of wood or vinyl. It should be noted that these requirements, if approved, would only affect any new fencing proposed within the DCD overlay district. As shown in Exhibit A, there are two relatively small areas within the DCD overlay that are zoned B-3 (essentially the northeast and southwest comers ofthe overlay zone). The two areas consist of property owned by 17 different individuals or businesses. Five of these properties are currently established residential uses, two are bare commercially zoned land, and the remaining ten properties have commercial buildings on site. It should be noted that of the previous ten commercial sites mentioned, four of them currently have chainlink fencing. Staff feels this is an appropriate amendment as chainlink and slatted fencing is an existing trend with a number of the B-3 properties in the DCD. It is anticipated that the ordinance will go before the City council for adoption on June 18,2012. ACTION REOUESTED Recommend approval of the attached ordinance and forward that recommendation on to the City Council. Respectfully submitted, 7 LJ~' 0_ Ton~ler, As~lanner ex, Ii I. '~- City of Farmington Aerial imagery as of April, 2009 J.:.-..:>;.l" ; -.:..L ~'''''-l' ,-~... ~~~" ....~ -..~ -~,J. . . ..,~. ~ ~R"~ ~, ..... ~ '" t_~' 11 R~' i...... r' -."..".,. ~ .. I. J' ~ i L'" r I;;. II, - = 9 IIOl r ,- = ... - [1 J ~, ~J1",,-~' I ,;!''"'l~''''"",, 'I ~ ...., 1........_1 _ '''IN''~_~''''J _ ",,_-<I.. i:.. R'~I~O"fI,""'~"'O.""" 11...._'. 1 ~-'O...,"<l = II.! lCO__ T,..."",.~.. ""..~\I'" .::! ".ll...~~...,!l"_..! _ Bu..........::o"""'....,.,~... _ ......d-V...Co......,<-~....,.~..., _1l.31.....,...."'O."">,R....:."',o<-6C>-12::l_.l C llO"'"',!lit",..,f-"'>" 6210......\0_ eu...,.,.) .. ~; 1~~:uu:~:,r~.'~1 ~ .:~;l~:':~: ~::In...'. 1 {j.J ~ duia~! _ ::~ ~:':~::::':::~:', 12 O' .,",,,.) I!I sse IS~" SnotCo"""'......'1 ~ ~.3 "Z.oN r.s CITY OF FARMINGTON DAKOTA COUTNY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-28(1) OF THE ZONING CODE AS IT RELATES TO SCREENING AND FENCING THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. That Section 10-6-28(1) of the Farmington City Code is hereby amended by adding the underlined language as follows: 10-6-28: DOWNTOWN COMMERCIAL OVERLAY DISTRICT DESIGN SATDARDS: (1) Screening And Fencing: 1. Screening; Fencing: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public rights of way, private street and off street parking areas, and shall be equally effective in winter and summer. Fencing for screening purposes may be installed at a height of up to eight feet (8'), with the approval ofa building permit. Fencing used for screening purposes shall only be allowed in the side and rear yards. Chainlink and slatted fencing are prohibited within the Downtown Commercial Overlay District with the exception of properties zoned as B-3. Chainlink and slatted fencing is permissible in the side and rear yards of properties zoned B-3 when not adiacent to an established residential use. On property lines adiacent to established residential uses the fencing shall consist of wood or vinyl. 2. Screening Of Mechanical Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. 3. Decorative Fencing: All fencing (with the exception of fencing identified in the screening requirements of subsection (1) 1 of this section) visible from a public right of way shall not exceed a height of six feet (6') in the side and rear yards and four feet (4') in the front yards. Decorative fencing shall consist of the following materials: (a) Wrought iron. (b) Vinyl. (c) Ornamental aluminum. 4. Fencing Maintenance: The maintenance of all fences within the downtown commercial overlay district shall be in accordance with subsection 1 0-6-l2(H) of this chapter. 5. Historic Landmarks: No fencing shall be attached to any historic landmark building or structure. SECTION2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. AOPTED this of Farmington. day of , 2012, by the City Council of the City 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.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP CNU-A City Planner SUBJECT: Chiropractic office in IP zone DATE: June 12,2012 INTRODUCTION/DISCUSSION Dale Pettis has approached the City inquiring if a chiropractic clinic may be located in his building at 21210 Eaton Avenue in the Farmington Industrial Park. Per the attached IP zoning requirements, a clinic is not an allowed use in the IP zone. A clinic is defined as: "Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. A facility providing dental, medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services. " Staff is recommending that if the use is acceptable to the Planning Commission that Mr. Pettis apply for an interim use permit. The interim use permit will limit the time that the clinic conducts business in the IP district and also doesn't create a widespread approval of clinics in the IP zone. ACTION REQUESTED Planning Commissioners provide comments to the staff and property owner on the location of a clinic use in the IP zoning district. Respectfully submitted, ~ Lee Smick, AICP City Planner cc: Dale Pettis Print Preview Page 1 of2 Dakota County, MN .' o f ParcellD 142585001050 Frame Owner Name Pettis Properties Lie Bedrooms 0 Joint Owner Bathrooms 0 Owner Address 20491 Cypress Dr Garage Sq Ft Owner Address 2 Other Garage City/State/Zip Farmington Mn 55024 Misc. Building Common Name Controlled Air Estimated Land Value $221,600 Properly Address 21210 EATON AVE Estimated Building Value $569,400 Properly City FARMINGTON Total Estimated Value $791,000 Primary Use Commereial-Preffered Special Assessments $337 Use 2 Total Properly Tax $31,738 Use 3 Date of Sale Use 4 Sale Value $0 Homestead N Acres 1.45 Year Built 1995 School District 192 Building Type WHSE,STRG Watershed District VERMilLION RIVER Building Style Plat Name FARMINGTON INDUSTRIAL PARK Foundation Sq Ft NOT APPl Tax Description - - http://gisx.co.dakota. mn. us/websi te/dakotanetgis/printPreview.aspx?PrintOptData=Dakota ... 6/5/2012 Print Preview Finished Sq Ft 51 16160 Lot and Block Disclaimer: 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. Page 2 of2 MaD Scale 1 inch = 188 feet http://gisx.co.dakota.mn. us/websitel dakotanetgis/printPreview.aspx?PrintOptData= Dakota... 6/5/2012 Page 1 of2 10-5-21: IP INDUSTRIAL PARK DISTRICT: (A) Purpose: The IP industrial park district allows for existing industrial uses within the city and promotes high quality architectural, landscaping and site plan development standards for new industrial development in order to increase the city's tax base and provide employment opportunities. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 10140,000 square feet Lot width 101150 feet Front yard setback 10150 feet Side yard setback 10125 feet Rear yard setback 10125 feet II Minimum side and rear yard abutting any residential district: 01 01 Off street parking and access drives 10/10 feet 01 Public and semipublic buildings 10135 feet 01 Recreational, entertainment, commercial and industrial uses 0150 feet I Height (maximum) 10145 feet Maximum lot coverage of all structures 0135 percent All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: Light manufacturing facilities. Office showroom. Office warehouse. Research facilities. Warehousing facilities. 6/5/2012 Page 2 of2 2. Conditional: Bus terminal. Child daycare facilities, commercial. Commercial recreational uses. Manufacturing facilities. Public utility buildings. Truck terminal. Warehouse retail. 3. Accessory: Parking lots. 4. Interim: Mineral extraction. (Ord. 010-626, 9-7-2010) 6/5/2012