HomeMy WebLinkAbout06/11/13City of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) May 14, 2013 Regular Meeting
3. PUBLIC HEARINGS
a) Urban Chicken Permit Application
Applicant: Lerew Kaas
19380 Embers Avenue
Farmington, MN 55024
b) Variance to allow the placement of a detached garage in front of the principal building
Applicant: Kerry Hanifl
19927 Akin Road
Farmington, MN 55024
c) Variance to construct an egress stairwell within the required front yard setback 911 Honeysuckle Lane
Applicant: B &D Properties
16670 Franklin Trail
Prior Lake, MN 55372
4. DISCUSSION
None
5. ADJOURN
AGENDA
PLANNING COMMISSION
June 11, 2013
7:00 P.M.
CITY COUNCIL CHAMBERS
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TO:
FROM:
SUBJECT:
DATE:
Applicant: Lerew Kaas
19380 Embers Avenue
Farmington, MN 55024
Property Owner:
Attachments:
Legal Description:
Lot Area:
Existing Land Use:
Surrounding Land Use:
Existing Zoning:
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Planning Commission
Tony Wippler, Assistant City Planner
Urban Chicken Permit Lerew Kaas 19380 Embers Avenue
June 11, 2013
INTRODUCTION
Lerew Kaas is seeking approval of an Urban Chicken Permit. The subject property is 19380 Embers Avenue.
Planning Division Review
Site Address: 19380 Embers Avenue
David Kaas
19380 Embers Avenue
Farmington, MN 55024
1. Application (Ex. A)
2. Site Plan Certificate of Survey (Ex. B)
3. Coop and run plans (Ex. Cl-C3)
4. Section 10 -6 -29 of City Code (Ex. D)
Lot Seven (7), Block One (1), AUTUMN GLEN 3 ADDITION
0.25 acres (10,989 square feet)
Single- family residence
Single- family dwellings are adjacent to the north, west and south, Jim Bell Park and
Preserve is adjacent to the east.
R -1 (Low Density Residential)
DISCUSSION
Lerew Kass has applied for an Urban Chicken Permit. The permit is requesting the keeping of three (3) hen chickens on
the property located at 19380 Embers Avenue. The proposed coop, as shown in Exhibit C, is 15.75 square feet in size and
7.5 feet tall. A run will be attached to the coop and will be approximately 28 square feet in size with a fence height of 3.5
feet. The coop and run as proposed in the attached Exhibit C 1 -C3 meet the requirements identified in Section 10 -6 -29 of
the City Code.
As shown in Exhibit B, the coop and run are proposed to be located in the back of the property near the southeast corner
of the house. The proposed location meets all setback requirements listed in Section 10 -6 -29 of the City Code and will be
approximately thirty (30') feet from the home adjacent to the South (the minimum distance from coop and run to adjacent
homes is twenty -five (25') feet). Additionally lot coverage is not an issue. The lot coverage with the proposed coop will
be 28.24 The maximum lot coverage allowed in the R -1 Zoning District is 30
Section 10- 6- 29(K)6 states that any chicken coop or run shall be screened from view with a solid fence or landscaped
buffer with a minimum height of four (4') feet. Currently, the rear of the property is fenced with a chain link fence. The
applicant has indicated that no additional fencing will be added with the coop and run. Therefore, a condition of approval
will be that a landscape buffer of at least four (4') in height be installed on the southern and eastern side of the coop and
run.
ACTION REQUESTED
Approve the Urban Chicken Permit subject to the following conditions:
1. A renewal permit shall be applied for and administratively approved every year after the Urban Chicken Permit
has been approved that chickens are kept on the property.
2. A landscape buffer of at least four (4') feet in height be installed on the southern and eastern side of the coop and
run.
3. All other requirements specified in Section 10 -6 -29 of the City Code shall be abided by.
Respectfully submitted,
Tony Wippler, Assistant City Planner
Cc: Lerew Kaas, 19380 Embers Avenue
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cisarmington.mn.us
AP1 3 0 2013
1
URBAN CHICKEN PERMIT APPLICATION
1
Please identify coop and run information on a scaled site plan or property survey that shows lot lines, structures
and existing conditions.
Site Address for chickens: 3 SO L 9 r$ Ave, f 6 h h t v `I V S ()-2
The above referenced property's Homeowner's Association rules, if any, do not prohibit the keeping of chickens on the
property: (please initial) Yes X No Not Applicable
Applicant:
Address:
Leew Y
City
Property Owner Name: fl 6 U I -G(4_5
Address: a ago r.tal h M e rs �V� Gr'�h �1 ir) h "1
State
Street
Street City
Property Owner Signature
(If different than applicant):
Current Zoning District:
Current Land User
(430 thibe 5 p 'cE02)y
State zzi c Zip Code
(:(DI2
Phone: 0 6
g a2-
Coop/Run Information
Number of Chickens:
3
Dimension of chicken coop: X
Dimension of chicken run: 3 ks
1 td WI. (detailed plans elevations required)
(detailed plans elevations required)
Description of exterior materials for the coop and run: 3?_ 100, Wco-N: 5:c� a�
Will a fence be added in addition to the coop and run? Yes No
If yes, describe location, size and materials for fence:
1
Phone: C2;1 zS
Zip Code
Date: -13
I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the
ordinances and codes of the City of Farmington; that I understand this is not a permit, but only an application for a permit.
I acknowledge that structures will be constructed in accordance with the approved plans.
Applicant's Printed Name
Request submitted to Planning staff on
1
Public Hearing set for:
Planning Commission Action:
City Council Action (if necessary):
Date for .Renewal, if approved:
Conditions Set:
FOR OFFIC L USE ONLY
Advertised in Local Newspaper: 6
Approved Denied Fee Paid
Approved Denied 100
Comments:
Planning Division: Date.
2
Applicant's Signature
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
CONSULTING ENGINEERS,
PLANNERS and LAND SURVEYORS
JINEEAING
t4.OMPANY, INC.
1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH 432 -3000
CERTIFICATE OF SURVEY
Legal Description: LOT 7, BLOCK 1, `AUTUMN GLEN 3RD ADDITION,
DAKOTA COUNTY, MINNESOTA.
MEAS.
CALC.
CALC.
1910.131
1918.801
SCALE 1" 30'
AS -BUILT SURVEY
NOTE: ALL LOT IRON MONUMENTS IN PLACE AS OF 6 -27 -02
ADDRESS: 19380 EMBERS AVENUE
LOT AREA: 10,989 SQ.FT.
HOUSE AREA: 2,577 SQ.FT.
BENCHMARK: TNH AT L9 —B1
ELEV. 914.05 rn
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131
Deck Area S/O fr
Other Area 77 z
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Total Area =3,
Cover 42,(:'V
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916.33
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DRAINAGE AND
UTILITY EASEMENTS
S84'07' 44 "W
136.26
DLR EXCAVATING
PROJECT NO. 10635.00
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BOOK 322
PAGE 61
DAVID KAAS
DENOTES PROPOSED ELEVATION
INDICATES DIRECTION OF SURFACE DRAINAGE
FINISHED GARAGE FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
TOP OF FOUNDATION ELEVATION
DENOTES VERIFIED AS -BUILT ELEVATION
OCT 1 2002
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I hereby certify that this is a true and correct representation of a tract as shown and described
hereon. As prepared by me this _LEL day of 2002.
4 .g L Q Minn. Reg. No 19oa
EX.8.
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EX. C3
Disclaimer:
This is provided for informational purposes only. The formatting of this ordinance may vary from
the official hard copy. In the case of any discrepancy between this ordinance and the official hard
copy, the official hard copy will prevail.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 013-660
AN ORDINANCE AMENDING SECTION 6 -4 -2 RELATED TO
KEEPING ANIMALS WITHIN THE CITY AND ADDING
SECTION 10 -6 -29 CHICKENS ON URBAN RESIDENTIAL LOTS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 6 -4 -2 is amended by adding the underlined language as follows:
6 -4 -2: KEEPING ANIMALS WITHIN CITY:
(A) Definitions: The following terms shall have the following meanings:
FARM ANIMALS: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses, and other animals commonly accepted as
farm animals in the state of Minnesota.
HOUSE PETS: Animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic
fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish,
that can be contained within a principal structure throughout the entire year, provided that the containment can be
accomplished without special modification to the structure that would require a building permit, excluding wild or
domesticated wild animals.
(B) House Pets: The keeping of house pets is a permitted accessory use in all zoning districts.
(C) Farm Animals: The keeping of farm animals, with the exception of chickens on urban residential lots which are regulated
under section 10 -6 -29 of the City Code, is a permitted accessory use in all zoning districts provided:
1. The minimum lot size is two and one -half (2 acres.
2. Farm animals may not be confined in a pen, feedlot or building within one hundred feet (100') of any residential
dwelling not owned or leased by the keeper of the animals, unless:
(a) The animals were kept prior to the adoption of this section, or
Page 1 of 3
EX.
(b) The animals were kept after the adoption of this section but prior to the existence of a residence within one
hundred feet (100').
(D) Prohibition: With the exception of the keeping of animals allowed by subsections (B) and (C) of this section, no other
animals are allowed except by interim use permit as regulated under the provisions of section 10 -3 -7 of this code.
(E) Commercial Purposes: Animals may only be kept for commercial purposes if authorized in the zoning district where the
animals are located.
(F) Nuisance Animals: Animals may not be kept if they cause a nuisance or endanger the health or safety of the community.
(G) Animal Enclosures: Animal enclosures shall be subject to the accessory structure requirements of section 10 -6 -6 of this
code. (Ord. 003 -503, 11 -17 -2003)
6/5/2013
Page 2 of 3
SECTION 2. Title 10 of the City Code is amended by adding Section 10 -6 -29 to read as follows:
10 -6 -29: CHICKENS ON URBAN RESIDENTIAL LOTS:
(A) Permit Required: An Urban Chicken Permit shall be required for the keeping of any hen chickens on residential property
less than two and one -half (2 /2) acres in size, provided said property is zoned R -1 (Low Density Residential) and has a
minimum lot size of 10,000 square feet. The keeping of chickens on lots two and one -half (2 1/2) acres and larger are
regulated under Section 6 -4 -2. An Urban Chicken Permit requires a public hearing be held by the Board of Adjustment
after a fee, established by the City Council, is paid and all adjacent property owners are notified. Supporting information
documents to be submitted to the Planning Division with an Urban Chicken Permit application are:
(a) Number of chickens to be kept on the property.
(b) Site plan or property survey showing the proposed location of the chicken coop and /or chicken run on the subject
property.
(c) To -scale building plan, including elevations, of the proposed coop and /or run.
(B) Duration of Permit: The Urban Chicken Permit shall be valid for one (1) year from the date of Board of Adjustment
approval. A renewal permit will be required every year after the initial Board of Adjustment approval that chickens are
kept on an approved residential lot. An application for a renewal permit shall be filed with the City 30 days prior to the
expiration of the current permit. The Urban Chicken Permit may be terminated or not renewed for violations of the
ordinance following notice to the permit holder and an opportunitfor a hearing at the Board of Adjustment.
The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will be established
yearly by the City Council.
(C) Automatic Termination of Permit: If the owner of hen chickens, who has an approved permit, moves from the premises
approved for said hens the Urban Chicken Permit shall automatically become null and void.
(D) Limitation on the Number of Chickens: No person shall keep on any single family or two family residential property more
than three (3) total hen chickens.
(E) Three or more Dwelling Unit Properties: Chickens are not allowed on properties that contain three (3) or more dwelling
units.
(F) No Roosters: No person shall keep roosters, or adult male chickens, on any residentially zoned property less than two and
one -half (2 /2) acres in size.
(G) No Cockfighting: Cockfighting is specifically prohibited within the City.
(H) No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties.
(I) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept.
(J) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the
premises at all times in a chicken coop or chicken run while in the City. Chickens are not allowed to be located in any part
of the home and /or garage.
(K) Shelter and Enclosure Requirements: Chickens shall be properly protected from the weather and predators and have access
to the outdoors in an enclosure or fenced area. The shelter and /or enclosure shall meet all of the following requirements:
1. Any chicken coop and run fencing must be consistent with building and zoning codes.
2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of construction of the
principal structure.
3. One (1) chicken coop and /or chicken run will be allowed per residential lot provided the maximum lot coverage of the
underlying zoning district is not exceeded.
4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and
utility easements found on residential lots.
5. Any chicken coop or run shall be set back at least twenty-five (25') feet from any principal structure on adjacent lots
and a minimum of ten (10') feet from all property lines.
6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of
four (4') feet. All fencing shall be in accordance with Section 10 -6 -12 of the City Code.
7. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not exceed eight (8') feet in
total height. Fenced in chicken runs must not exceed twenty (20) square feet per chicken and fencing must not exceed
six (6') feet in total height. Chicken runs may be enclosed with wood and /or woven wire materials, and may allow
chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated
from other animals.
8 Chicken coops must be elevated a minimum of twelve (12 inches and a maximum of thirty six (36 inches above
grade to ensure circulation beneath the coop.
6/5/2013
Page 3 of 3
9 Chicken grains and feed must be stored in a rodentproof container.
(L) Conditions /Maintenance and Inspection: No person who owns, controls, keeps, maintains or harbors hen chickens shall
permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to
permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Any
chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the City.
SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law.
ADOPTED this 18 day of March, 2013, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
ATTEST:
Todd Larson, Mayor
By:
David McKnight, City Administrator
SEAL
Approved as to form the day of 20
By:
City Attorney
Summary published in the Independent Town Pages the day of 20
6/5/2013
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: A variance request to allow the placement of a detached garage in front of the principal building
DATE: June 11, 2013
INTRODUCTION
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
Kerry Hanifl is seeking approval of a variance to allow the placement of a detached garage in front of the principal
building located at 19927 Akin Road.
Planning Division Review
Applicant:
Property Address: 19927 Akin Road
Attachments:
Kerry Hanifl
19927 Akin Road
Farmington, MN 55024
1. Application (Ex. A)
2. Aerial photography of property (Ex. B)
3. Site plan (Ex. C)
4. Building elevations (Ex. D)
Variance Request: To construct a detached garage in the front of the principal building.
Existing Zoning: R -1 (Low Density Residential)
2030 Comprehensive Plan: Low Density Residential
DISCUSSION REVIEW OF PREVIOUSLY GRANTED VARIANCES
Variance granted by Planning Commission on June 12, 2012 and February 12, 2013
June 12, 2012 The applicant received a variance from the Planning Commission on June 12, 2012 for the purposes of
constructing a detached garage up to 2,000 square feet in size (an increase of 500 square feet of City Code allowance) on
her property. This variance was approved with two conditions. Those conditions are: 1) the demolition of the existing
outbuilding prior to construction of the proposed detached garage, and 2) the submission and approval of a building
permit.
February 12, 2013 The applicant received a variance from the Planning Commission on February 12, 2013 to again
increase the overall size of the proposed detached garage to 2,232 square feet due to the addition of a covered porch to the
proposed structure (please see Exhibits D1 D2). This was in increase of 732 square feet of the City Code allowance.
This variance was approved with two conditions. Those conditions are: 1) the demolition of the existing outbuilding
must be completed within one (1) month's time of the date of the new structure passes its final building inspection, and 2)
the submission and approval of a building permit.
General Review of Property
The applicant's property consists of two parcels of land totaling 10.89 acres (please note attached aerial Ex. B
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 2,232 square foot detached garage will be located on this
parcel. Parcel B is a remnant parcel from the Vermillion Grove subdivision.
The site plan provided by the applicant with the previous variance applications showed the proposed detached garage in a
location much closer to the existing outbuilding barn on the western side of the property (previous location is hand
drawn on Exhibit C). However, the applicant wishes to amend the site plan and move the proposed garage to the east as
shown in Exhibit C. Section 10 -6 -6 of the City Code states that accessory structures shall be located behind the principal
structure in the side or rear yard of a property. The proposed new location, in staff's opinion, does not meet this
requirement as the front yard is determined by the adjacent roadway (Akin Road). The proposed location is in front of the
principal structure (home).
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.
2. That the variance would be consistent with the comprehensive plan.
3. 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.
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.
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.
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.
8. The requested variance is the minimum action required 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.
It is staff's opinion that the variance request does not meet all of the criteria mentioned above, specifically, #1.
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 there is adequate room for the applicant to set the proposed
building back to be in compliance with Section 10 -6 -6 of the City Code.
ACTION REQUESTED
The Planning Commission has two options to consider with this variance request, they are:
1. Approve the variance as requested with the following conditions:
a. The demolition of the existing outbuilding must be completed within one (1) month's time of the date the new
structure passes its final building inspection.
b. The submission and approval of a building permit.
2. Deny the variance request as it does not meet all of the criteria established for approval of a variance and direct
staff to prepare Findings of Fact.
Respectfully submitted,
C °11- 5L'
Tony Wippler, ssistant City Planner
Cc: Kerry Hanifl, 19927 Akin Road
Address:
Owner:
Address:
Premises Involved:
Current Zoning District
SUBMITTAL REQUIREMENTS
Proof of Ownership
Application Fee ($200)
Boundary Lot Survey
Inom
Signature of Property Owner
Copies of Site Plan
City of Farmington
430 Third Street
Farmin_ ton, ;Minnesota
651.280.6800 Fax 651.280.6899
w wx..cilarmington.mn.us
VARIANCE APPLICATION
Telephone: t 0 ax:
il4l'
State
L z7 ,414-L\
Address/ Legal Description (lot, block, plat name, section, township, range)
Date Signat re of Applicant
Current Land Use C'e S r n 1
Abstract/Residential List (adjoining property owners only)
Torrens (Owner's Duplicate Certificate of Title Required)
MAY 1 3 2013
Zip Code
EY, 041
Specific Nature of Request Claimed Practical Difficulties: 1' J M S f s 4
1
L' lief Nc, h 4 h,e l
ate
Request Submitted to the Planning Commission on 37/3//3 For office use only
Public Hearing Set for: (0/0/ 3 Advertised in Local Newspaper: 3/3p/
Planning Commission Action:
Comments:
Conditions Set:
Planning division:
Approved Denied Fee Paid x
$200 City of Farmington
$46 Dakota County Recorder
Date:
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
legal document and should not be substituted for a title search,appraisal, survey, or for zoning
verification. Dakota County assumes no legal responsibility for the information contained in this data.
KG B
Map Scale
1 inch 252 feet
2/1/2013
6
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PROJECT.
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Attachments:
DISCUSSION
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Location of Property:
Legal Description:
Lot Area:
Existing Land Use:
Surrounding Land Uses:
Existing Zoning:
2030 Comprehensive Plan:
Planning Commission
Tony Wippler, Assistant City Planner
Variance to construct an egress stairwell within the required front yard setback
June 11, 2013
B &D Properties, LLC (Community Assisted Living) is seeking approval of a variance to allow an egress stairwell to
encroach into the required front yard setback of the R -2 Zoning District. The subject property is 911 Honeysuckle Lane.
Planning Division Review
Applicant:
B &D Properties, LLC (Community Assisted Living)
16670 Franklin Trail SE, Suite 120A
Prior Lake, MN 55372
1. Application (Ex. A)
2. Letter of Request from applicant (Ex. B)
3. Site Aerial (Ex. C)
4. Stairwell plan (Ex. D)
911 Honeysuckle Lane
Lot Thirteen (13), Block Two (2), REI -MAC ADDITION
0.21 acres (9,148 square feet
Senior Group Home 6 or fewer individuals
The subject property is entirely surrounded by single family dwellings
R -2 (Low /Medium Density Residential)
Low Medium Density Residential
The applicant, Ms. Donna Novak, of Community Assisted Living has submitted a variance application to encroach into
the required 20 -foot front yard setback in the R -2 Zoning District.
History of Existing Use (Group Home) and the Need for a Variance
The property at 911 Honeysuckle Lane has been a group home for seniors since 2008. It should be noted that Group
Homes consisting of 6 or fewer individuals is a permitted use in the R -2 Zoning District. As stated in the attached letter
from the applicant, Community Assisted Living cares for up to 6 seniors at this location 24 hours a day, 7 days a week.
The property is staffed with a registered nurse Monday thru Friday for 8 hours and then on -call the remaining hours and
days of the week. The property is also staffed with awake house aids around the clock.
The proposed egress stairwell is to be located near the northwest corner of the residence. It will extend up and out from
the basement level of the residence approximately thirteen (13') feet. In order for the applicant to continue to have
residents of the group home utilize the basement bedrooms, the Minnesota Department of Health has determined that that
home has to be modified to include an exit door to the outside from the basement and have an egress window in the lower
level. The plans that are attached are acceptable to the Minnesota Department of Health.
As previously mentioned, the proposed stairwell will extend out thirteen (13') feet from the existing building. The
existing setback for the home is approximately twenty (20') feet. This would mean the stairwell would be approximately
seven (7') feet from the property line. It should be noted that with the boulevard area included the stairwell will be
setback approximately twenty (20') feet from the curb of Honeysuckle Lane.
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 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.
Strict adherence to the code regulations would make a portion of the group home unlivable due to the
requirements of the Minnesota Department of Health. The required egress is a life safety issue for the Group
Home and its residents.
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 purposes 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 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.
The property has been utilized as a group home since 2008 and the need for the egress is a requirement from
the Minnesota Department of Health.
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 need to provide the required egress is from the Minnesota Department of Health.
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.
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 the 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.
A group home is a permitted use within the R -2 Zoning District.
ACTION REQUESTED
Staff recommends approval of the variance as requested, subject to the following condition:
1. The submission and approval of a building permit.
Respectfully submitted,
W
Tony Wippler, Assistant City Planner
Cc: Donna Novak, Community Assisted Living
VARIANCE APPLICATION
Applicant(OCtlrily t1A
Address: P, .p 1�
Street City
Owner om y A_ 100nYl ?C1\ p \k Fax: SaTNe.
Address:
Premises Involved:
Current Zoning District 1 Z
SQ.R, Y qp
SUBMITTAL REQUIREMENTS
Proof of Ownership
Application Fee ($200)
daryz
ignature of Property Owner
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmingtoa.mn.us
one: d5 -4 yQ3 ,>Fax: c_959- `7 1 .10-1 t L
Current Land Use
Copies of Site Plan
Abstract/Residential List (adjoining property owners only)
Torrens (Owner's Duplic trrCe tificate of Title Required)
ate Signature of Applicant
State
Zip Code
City State Zip Code
l J
ilurrysclakk In Jray f 7 /)7r} L45„1.. -F -e ers a 4.
Address/ Legal Description (lot, block, plat name, section, to4maJhip, range)
Specific Nature of Request Claimed Practical Difficulties:
a
5 -a a-■,3
Date
Request Submitted to the Planning Commission on Val/ l3 For office use only
Advertised in Local Newspaper: S 'e. /y`!
Public Hearing Set for:. /11 /3
Planning Commission Action: Approved
Comments:
Conditions Set:
Denlecr
Planning division: Date:
Fee Paid
$200 City of Farmington
$46 Dakota County Recorder
9/06
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
May 22, 2013
Tony Wippler
City of Farmington
Regarding Variance Application.
Assisteclliving, Inc.
Residential Homes for Seniors
1667o Franklin frail SE Suite I2 o.A.
Prior fake, iViN 55372
952
The following is the attached description for question on the Specific nature of the Request.
Community Assisted Living cares for 5 -6 seniors 24/7. We are RN staffed Monday Friday
for 8 hours with an on -call RN 24 hours a day. We are staffed around the clock with awake
houseaides. Using residential homes to care for our elderly seniors allows us to provide them
with a home -like atmosphere versus institutional.
We opened our first house in Farmington at 912 4 Street in 1999 as a foster care home, our
second house at 6014 Street was opened in 2000 and closed in 2010 and our third house in
Farmington at 911 Honeysuckle Lane was opened in 2008. We have always had clients in the
lower level bedrooms under the foster care license. However we dropped the foster care
license in 2009 and went with just the Assisted Living license and at that time needed to add
the Board and Lodging license.
With this change the Egress windows in the lower level bedrooms is not acceptable. We had
to involve the court system to work out what the MN Dept of Health would allow. The
determination from the jud_e was that we need an exit door to the outside plus the egress
windows in the lower level in order to have client bedrooms on the lower level
Without clients in the lower level it would be a financial burden to continue this senior
housing (see attachment). At this point we have $50,000 paid in court costs and now another
$15,000 for an exit door for each house. If doors are not put in by June 30 we would have
to start over in the Court System. Walters Construction has been working with the courts
and the city submitting all required details to make our completion date.
Community Assisted Living, Inc
Yearly Potential Cost Impact of Lower Level Rooms
912 4 St, Farmington
2 Lower level rooms $5200 /each /month
4 4911 Honeysuckle Lane, Farmington
2 Lower level rooms $5200 /each /month
1205 W 6 Ave, Shakopee
1 Lower level room $5100 /month
915 Fuller St, Shakopee
1 Lower level room $5100 /month
Total Potential Cost over 12 months $372,000
This is approximately 25% of the yearly revenue.
The costs are figured with an average for the service cost added to the
actual Room and Board cost for the room.
*Additional note, both the houses in Farmington only have three bedrooms on
the main floor level and without the two lower level rooms occupied, it is not
cost effective to have the house open at all, thus there is the residual
potential for an additional $436800 in revenues lost due to closing those two
houses.
EX, 8
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.
Dakota County assumes no legal responsibility for the information contained in this data.
EX c.
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