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HomeMy WebLinkAbout01/08/13City of Farmington 430 Third Street Farmington, MN 55024 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) December 11, 2012 Regular Meeting 3. PUBLIC HEARINGS AGENDA PLANNING COMMISSION January 8, 2013 7:00 P.M. CITY COUNCIL CHAMBERS A Proud Past A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers a) Conditional Use Permit application to allow an Auto Repair, Major business within the B -3 Zoning District Applicant: Colin Garvey 100 5 Street Farmington, MN 55024 b) Variance applications to allow construction of a building addition within the required front yard setback and to allow placement of a pylon sign within the required setback Applicant: Steve Finden Dakota County Lumber Company 28 8 Street Farmington, MN 55024 4. DISCUSSION None 5. ADJOURN TO: Planning Commission Lee Smick, City Planner FROM: AICP CNU -A DATE: January 8, 2013 INTRODUCTION Planning Division Review Applicant: Attachments: 1. Application 2. Location Map DISCUSSION City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.cilannington.mn.us SUBJECT: Conditional Use Permit Auto Repair, Major Applicant: Colin Garvey 100 5 Street Farmington, MN 55024 The applicant, Colin Garvey, has submitted an application for a Conditional Use Permit involving the operation of a truck repair shop (Auto Repair, Major) at 100 5 Street, 407 Main Street, and 109 4 Street. Colin Garvey 100 5 Street Farmington, MN 55024 Location of Property: Between 4 and 5 Streets, south of Kemp's Property Address: 100 5 Street, 407 Main Street, and 109 4 Street, Farmington, MN 55024 Surrounding Land Uses: The subject property is surrounded by single- family residences to the south, east and west and to Kemp's (I -1) to the north. Existing Zoning: B -3 (Heavy Business) The applicant, Colin Garvey, is requesting Planning Commission approval of a Conditional Use Permit to allow an Auto Repair, Major (truck repair) operation on the property at 100 5 Street, 407 Main Street, and 109 4th Street in the B -3 (Heavy Business) zoning district. The repair will occur inside the existing Landscape Depot building from 7 AM to 5 PM, Monday through Saturday. The applicant is moving his Farmington Truck Center business from 22098 Canton Court to his property on 100 5 Street, 407 Main Street, and 109 4 Street (Parcel A). Parcel A is made up of four lots. As a condition of approval, the lots mentioned should be combined through Dakota County Recorder's Office and a lot split should occur on 407 Main Street. With the Farmington Truck Center business moving to 100 5 Street, the applicant plans to construct an addition to the Landscape Depot in the near future. He is currently parking construction trucks in the depot area (Parcel A) between 4 and 5 Streets. Attached photos show the interior of the lot and where the trucks are currently being parked. The trucks are not located on a concrete or bituminous parking area and therefore, should be a condition of the CUP. Also, the photos show areas that require removal of a number of items including sand and gravel piles and concrete barriers. The cleanup should also be a condition of the approval because of the relocation of his business operations and the combining of the lots that make up Parcel A. Accessory Use Parking Lot Additionally, Mr. Garvey would like to park trucks, trailer, and business equipment on his property west of 4th Street (Parcel B) in conjunction with the business operation in the Landscape Depot building. Parking lots are an accessory use in the B -3 Zoning District. Parcel B is currently vacant and any approval shall require the removal of the piles of brush on the property. In the case of the parking lot facility as an accessory use in the B -3 zoning district, Section 10 -6 -4 (A) of the City Code states that parking spaces may be located on a lot other than the lot containing the principle use (Landscape Depot) only by approval of the Board of Adjustment. City Staff is concerned about the accessory use located between residential homes on the north and south sides of Parcel B. Per Section 10 -6 -4 of the City Code, the parking lot facility must be located within 100 feet of the principle property and no more than 400 feet from the existing principle building. In this case, the parking lot facility and principle property are located 80 feet apart and 380 feet from the principle building. Additionally, the parking lot must be graded for drainage and surfaced with concrete or asphalt. And finally, the parking lot facility shall not be utilized for open storage of goods. In Section 10 -6 -9 of the City Code, it states that screening is required when adjacent to or within 100 feet of a residential zone, as is the case on the north and south sides of the proposed Parcel B. Additionally, screening is required when a business is across the street from a residential zone. In this case, Parcel B is located within the Downtown Commercial Overlay District (see attached) which deals with design standards. In Section 10 -6 -28 (I) of the City Code, screening and fencing requires the following: 1. Fencing for screening may be installed at a height of up to eight feet (8'), with the approval of a building permit. 2. Chainlink and slatted fencing are prohibited within the downtown commercial overlay district with the exception of properties zoned as B -3. 3. Chainlink and slatted fencing is permissible in the side and rear yards of properties zoned B -3 when not adjacent to an established residential use. 4. On property lines adjacent to established residential uses the fencing shall consist of wood or vinyl. All landscape requirements for the parking lot facility shall be followed under Section 10 -6 -10 of the City Code. Conditional Use Auto Repair, Major A conditional use shall be approved if it is found to meet the following criteria: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. The Auto Repair, Major is a conditional use in the B 3 zoning district. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. Please see the following requirements: 10 3 5 (D): 1. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. 2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. 3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. 4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. 5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. 6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property. 7. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted. 8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 9. Water pollution shall be subject to the standards established by the Minnesota pollution control agency. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. This should be a condition of the permit. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. Staff believes that the repair be done inside of the building at all times. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. This requirement needs to be upheld through the surveillance of the property and complaints taken by staff. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. The proposed use is consistent with the 2030 Comprehensive Plan (Commercial). RECOMMENDATION Staff recommends approval of a Conditional Use Permit for an Auto Repair, Major use on the property at 100 5th Street, 407 Main Street, and 109 4 Street (Parcel A) conditioned upon the following: 1) All repair work will be done inside of the Landscape Depot building from 7 AM to 5 PM, Monday through Saturday. 2) All zoning code requirements pertaining to a business and the accessory use in the B -3 zone must comply with Section 10 -3 -5, Section 10 -6 -4, Section 10 -6 -9, and Section 10 -6 -10 of the City Code. 3) The conditional use must comply with Section 10 -3 -5 (D) of the City Code. 4) The lots on Parcel A are combined and the residential use on 407 Main Street be split from Parcel A. 5) Parcel A is paved with concrete or bituminous material for the parking of vehicles on the property. 6) Cleanup of Parcel A should occur including but not limited to sand and gravel piles, concrete barriers. 7) Section 10 -6 -28 (I) of the City Code must be complied with pertaining to the screening of the parking lot facility on Parcel B and all existing brush be removed from the property. 8) The applicant obtains all necessary building permits from the Building Official and Fire Marshal. 9) The applicant obtains a sign permit for any signage to be placed on the subject property. 10) Any other condition deemed necessary by the Planning Commission. Respectfully submitted Lee Smick, AICP CNU -A City Planner Cc: Colin Garvey Applicant: Address: Owner: Current Zoning District 57.3 SUBMITTAL REQUIREMENTS `B -Proof of Ownership Application Fee 0 Bund/ Lot Survey Telephone: City City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.ci.farmington.mn.us CONDITIONAL USE PERMIT APPLICATION Tel phone: a Address: 00 744 Street City Premises Involved: 57/ ty Address/Legal escription (lot, block, plat name, section, township, range) Current Land Use Signature 475-06! State State Specific Nature of Request: -e 7 E e 6 Copies of Site Plan Abstract/Residential List (required 350' from bject property) Torrens Duplicate Cert c to of Required) /Z /Z /,,.2- DO f Applicant 5 5 1 Zip Code tJ�Y/7 Zi Code /r4/ SK s Date Request Submitted to Planni Public Hearing Set for: Planning Commission Action: Comments: Conditions Set: g st f on Advertised in Local Newspaper: Approved Denied Fee Paid City Council Action (if necessary): Approved Denied $200 City of Farmington $46 Dakota County Recorder Planning division: Date: For office use only 9/06 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch 181 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 1/3/2013 TO: FROM: SUBJECT: INTRODUCTION Applicant: Attachments: Variance Requests: DISCUSSION DATE: January 8, 2013 Mr. Steve Finden of Dakota County Lumber Company has submitted application for two variances for his property located at 28 8 Street. The variances are to reduce the front yard setback from Pine Street for a building expansion and a setback variance for placement of a pylon sign. Planning Division Review Property Address: 28 8 Street Existing Zoning: B -1 (Highway Business) 2030 Comprehensive Plan: Commercial Office Expansion Building Setback Variance City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.cifarmington.mn.us Planning Commission Tony Wippler, Assistant City Planner Variance applications to allow construction of a building addition within the required front yard setback and to allow placement of a pylon sign within the required setback Steve Finden Dakota County Lumber Company 28 8 Street Farmington, MN 55024 1. Application Exhibit A 2. Written summary from applicant Exhibit B 3. Building plans and site plan Exhibits Cl C3 4. Photo of existing building Exhibit D 1. To reduce the front yard setback from Pine Street to allow the construction of a building addition. 2. To reduce the required setback for the placement of a pylon sign Dakota County Lumber is proposing the construction of an approximately 2,400 square foot addition onto the southern side of their existing office building located at 28 8 Street. The expansion area, highlighted in yellow on Exhibit Cl, is proposed to be setback 41 feet from 8 Street and 10 feet from Pine Street. The minimum setback requirements for the B- 1 (Highway Business) Zoning District are as follows: Front yard: Side yard: Rear yard: 30 feet (the office building is subject to front yard setbacks from both 8 Street and Pine Street). 10 feet 10 feet If the applicant were to meet the required setback (30 feet) from Pine Street it would not afford them the room necessary to build the size of addition they need for their operation. Additionally, constructing an addition to the north side of the existing building would likely require relocating the main entrance to the property and eliminate the current paved drive isle into the yard area while also eliminating a portion of paved parking area. Adding on to the east or western sides of the existing building would eliminate current paved parking areas as well. All other setbacks would be met with this proposal. Lot coverage is not an issue with this property. Properties located within a B -1 Zoning District are allowed to cover up to 25% of a lot with buildings and /or structures. Currently on site there are seven buildings /structures that cover approximately 7.5% of the lot. With the proposed 2,400 square foot addition, the lot cover will increase to 8.4 well below the 25% allowed by City Code. Section 10 -6 -4 of the City Code requires that 1 off street parking stall be provided for each 250 square feet of office space. With the proposed expansion, there will be a total square footage of 4,800 square feet of office space on site. This would require a total of 19 off street parking stalls be provided. It should be noted that City Code requires any off street parking area to be paved with concrete or bituminous material. There is substantial paved area adjacent to the existing office building which appears to be of adequate size to accommodate 19 vehicles, however, if the variance is approved it should be conditioned on the applicant providing the City with a parking plan that shows a minimum of 19 parking spaces. The building elevations are shown in Exhibits C 1 and C2. The expansion will mirror the exterior of the existing office building which is shown in Exhibit D. Pylon Sign Variance Section 10- 6- 3(B)3(d) of the City Code identifies the regulations for pylon signs within the business and light industrial districts. Mr. Finden, per his written request, is asking for a twenty foot variance from the setback for a pylon sign. This would place the sign approximately 10 feet from the property line adjacent to 8 Street. The proposed location is shown on the site plan (Exhibit C1) and is to be located just north of the property's entrance gate. This would place the pylon sign in a similar position to the Dairy Queen sign to the north of this property. The sign area and height for pylons signs are determined by the speed limit of the adjacent roadway. The adjacent roadway to where the sign would be located is 8 Street and is posted as 30 mph. Therefore, the maximum sign area for a pylon sign is 50 square feet with a maximum height of 18 feet. If the setback variance for the sign is approved, the applicant will have to apply for a sign permit prior to installing the sign. This will be made a condition of approval. Variance Criteria 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 of land involved, strict adherence to the regulations of this title would cause practical difficulties. The current configuration of the property does not lend itself to constructing the addition in any other location. Constructing the addition in any other direction would cut off existing parking or drive isles. It is staff's belief that it is reasonable to construct the addition where the applicant is proposing as it is underutilized space. If the applicant were to install the proposed pylon sign 30 feet from the front property line, just north of the main site entrance, it would be placed in the middle of a drive isle. If the sign were to be placed 10 feet from the property line it would be in a similar position to that of the pylon sign on the Dairy Queen property. It is staff's belief that this is a reasonable request and will allow for better sign visibility specifically for traffic coming from the south. 2. That the variance would be consistent with the comprehensive plan. The variances are 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 variances 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. It is staff's belief that the conditions and configuration of the subject property are unique to the parcel and are not generally applicable to other properties within the B -1 Zoning District. 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 variances 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 variances 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. Offices and pylons signs are allowed within the B Zoning District. ACTION REQUESTED Staff recommends approval of the variances as requested, subject to the following conditions: 1. The applicant obtaining all necessary building permits from the Building Official and Fire Marshal. 2. The submission of a parking plan to the City showing a minimum of 19 off street parking places on site. 3. The submission and approval of a sign permit. Respectfully submitted, J Tony Wi vier, A sistant City Planner Cc: Steve Finden, Dakota County Lumber Company VARIANCE APPLICATION Applicant: 0 /f 744 L ies eot 6e Telephone: L/60 -44 y(,,Fax: (((.,rh y G o CZ Address: 8 T KM o h &A IV Street City S T E UE t' Zv\ e v Owner: 1 W V n T v. Co v vt I L w bt K. &lephone: (C. t'?... 9' l et L SJ (Fax: Address: 1 1 5 —1 T 14 :ST N e VA it. i "Let To 1n 0 a— Street City State Zip Code 1'- o3l0V -23 0 2 0 Premises Involved: 8 .ST s cTi cow 3 1 W t Address/ Legal Description (lot, block, plat name, section, township, range) Current Zoning District Specific Nature of Request Claimed Practical Difficulties: SUBMITTAL REOUIREMENTS Proof of Ownership Application Fee ($200) Bourydafy Lot Survey nature of Property Owner Si- Date City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.ci.farmington.mn.us State n 2 Zip Code Current Land Use R e c L i t L L v wL b c R ao 'T' v A tz 0 R. 6. c -t Copies of Site Plan Abstract /Residential List (adjoining property owners only) Torrens (Owner's Duplicate Ce icate of Title Required) 2 /j App scant o EX•A Z. 0 1: U►4RI\ Ac -r 3 r-- 104c1 To 73 11 2 /,s Z_ Date Request Submitted to the Planning Commission on 0/17/41.. For office use only Public Hearing Set for: i��/J3 Planning Commission Action: Approved Denied Fee Paid X City of Farmington $46 Dakota County Recorder Comments: Conditions Set: Planning division: Advertised in Local Newspaper: /alt 7 Pa. Date: 9/06 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 i 3 e S;ns D A e I 7y V• S 0/2 o q -�vo SQ r c TU 7-15 r°�t' /6 2 Ti I�� c_o Pr 41 0 4 c J� nrJ Dakota County Lumber Co. W to rz-Q 2c p -on 1 ►='r 2 0 R W2:v-V\ce CRo '1 P i li st 5T S'eTbki-ctc• TIC w t 1 A. e 1\∎e wt .e� t f ik-I i Rc Qu; n.ed 3 0 c•' 5 C L1 p4ctC- t ervt S i 2-t c o A. )L) 61= i bt wo L_16 woT Pc> ci C EX. B c c -e Ali U S r% Y Roo p QQ t OL° 0 li-V 401 wt C „u T y L.k.)mbc►. (-0• 1 5 Re_ v-esT �o i4 2c� `yam�0�� ct r 'n..0u• •Tv\ c_ s; t'\ O r b 1 v1 lA'1 C `t 4 r-- b k t S I' M t.. 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