The URL can be used to link to this page

Home My WebLink About07/09/13City of Farmington 430 Third Street Farmington, MN 55024 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) May 14, 2013 Regular Meeting b) June 11, 2013 Regular Meeting 3. PUBLIC HEARINGS a) Urban Chicken Permit Application Applicant: Annabelle Stefan Randow 5530 193` Street W Farmington, MN 55024 AGENDA PLANNING COMMISSION July 9, 2013 7:00 P.M. CITY COUNCIL CHAMBERS b) Variance Application Expansion of a Nonconforming Use Applicant: Oran Evans 405 Elm Street Farmington, MN 55024 4. DISCUSSION a) Property Maintenance Ordinance (verbal) 5. ADJOURN A Proud Past A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers TO: Planning Commission FROM: Tony Wippler, Assistant City Planner SUBJECT: Urban Chicken Permit Annabelle Stefan Randow 5530 193" Street W DATE: July 9, 2013 INTRODUCTION Annabelle Stefan Randow are seeking approval of an Urban Chicken Permit. The subject property is 5530 193 Street W. Planning Division Review Site Address: 5530 193 Street W Applicant: Annabelle Stefan Randow 5530 193 Street W Farmington, MN 55024 Property Owner: Attachments: Existing Zoning: DISCUSSION City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.ci.farmington.mn.us Mary Dmitriy Yakibchuk 5530 193x' Street W Farmington, MN 55024 1. Application Ex. A 2. Site Plan by owner Ex. B 3. Certificate of Survey Ex. C 4. Coop and run plans Ex. D1 -D2 5. Section 10 -6 -29 of City Code Ex. E Legal Description: Lot Twenty Two (22), Block One (1), FAIR HILLS ADDITION Lot Area: 0.70 acres (30,315 square feet) Existing Land Use: Single family residence Surrounding Land Use: Single family dwellings are adjacent to the west and south, Fair Hills Park is adjacent to the north and Pilot Knob Road is to the east. R -1 (Low Density Residential) Annabelle and Stefan Randow have applied for an Urban Chicken Permit. The permit is requesting the keeping of three (3) hen chickens on the property located at 5530 193r' Street W. The proposed preferred coop, as shown in Exhibit D1, is approximately 16 square feet in size and 4 feet tall. A second coop has been identified (Exhibit D2) if the preferred coop is not in stock. This coop is also approximately 16 square feet in size with a height of approximately 3.5 feet. Both coops include a ground level foraging area. The coops as shown in the attached Exhibit D1 -D2 meet the requirements identified in Section 10 -6 -29 of the City Code. As shown in Exhibit B, the coop is proposed to be located in the side of the property east of the home towards Pilot Knob Road (near the southeast corner of the property). This proposed location presents a couple of issues. First, Section 10 -6 -29 (K)4 states that coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easement. The proposed location by the applicant does not meet this requirement as the coop is shown in a side yard that is considered a front yard due to the property being a corner lot. Second, a large portion of the eastern half of the subject property is encumbered with two gas easements (see Exhibit C, easements are highlighted) and typically gas companies do not endorse encroachments. There appears to be more than adequate room behind the home to accommodate the coop while still providing the minimum required distance of 25 feet from any adjacent home. Therefore, a condition of approval will be the coop shall be located in the rear yard of the property behind the home in a location acceptable to staff. Lot coverage is not a concern with this application. The lot has a square footage of 30,315 square feet. With the square footage of the coop (16 square feet) the total building square footage on the lot would be approximately 2,920 square feet. This equates to 9.6% of the subject lot being covered by structures/buildings. 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 property is fenced on two sides. A 4 foot high picket fence is located along 193 street and a 6 foot high privacy fence is located along the eastern property line adjacent to Pilot Knob Road. The southern property line is lined with mature pine trees. The western property line is currently not fenced and there is minimal landscaping present along this property line. Additional screening will be required from the west to fully screen the coop. The additional screening can consist of a solid fence or a landscape buffer of at least 4 feet in height, this will be a condition of approval. It should be noted that there is a 5 foot drainage and utility easement along the property's western lot line. If the applicant wishes to install a landscape buffer instead of a fence, the landscaping must be kept outside of the drainage and utility easement. 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. The coop shall be located in the rear yard of the property behind the home in a location acceptable to staff 3. The coop must be screened from view from the western property line with either a solid fence or landscape buffer of at least four (4') feet in height. 4. 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: Annabelle Stefan Randow, 5530 193 Street W 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. 5 0 fig Site Address for chickens: I "1 3 r F r Ylr) ►1 r'1 The above referenced property's Ilomeowner's Association rules, if any, do not prohibit the keeping of c, sickens on the property: (please initial) Yes 1\o Not Applicable Applicant: Y\Y\G _1 €A c e cC Y PC 1- 0Phone: t 61 b 0 1 Address: SS Q 1 m t n31-0 n MN SS Street City Property Owner Name: M c r l ,I) 14 Address: 5 S 3C) v-4 Street Property Owner Signature (If different than applicant): Current Zoning District: Current Land Use Qes cler4cd City of Farmington 430 Third Street Farmington, Minnesota 651.280,6800 Fax 651.280.6899 www.ci.farrnthgton.mn.us City 1 iAy3 ?3 State Zip Code EX. (.tk„ Phone: 1 2 7 N J c:s O State Zip Code Coop /Run Information Number of Chickens: Dimension of chicken coop: 1(o 110 1 detailed plans elevations required) Dimension of chicken run: A (pr ct x .�o�a k, t d eed plans, elevations required) Description of exterior aterials for to coop and run: t vt, (),c+ A ri d 1,(1, 'd \r:30,Nr'. 0,1 No Will a fence be added in addition to the coop and run? Yes If yes, describe location, size and materials for fence Request submitted to Planning staff on 6/3o/ 13 in Local Newspaper: Denied FOR OFFICE USE ONLY rl3 Public Hearing set for: 7/9/MM Advertised Planning Commission Action: City Council Action (ifnecessary): Date for Renewal, if approved: Approved Fee Paid Approved Denied $100 Comments: Conditions Set: Planning Division: Date. 1 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. e CuNA.� Applicant's PratName s Applicant's Si attire Date DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 EX° B ROBE E P an LAND s3URVevORS E GINGERING COMPANY INC 1000 EAST 1461h STREET, BURNSVILLE, MINNESOTA 53337 PH 432-3000 CERTIFICATE OF SURVEY Legal Description: 4 2Z, BLoCW Al/72 /I.9 AD0/770/V, ,RxoTA C0 JN7Y, 41/4/4/6.574. 4. (72.4 DENOTES EXISTING ELEVATION (967.5) DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE 967, 83 FINISHED GARAGE FLOOR ELEVATION 960, l2 BASEMENT FLOOR ELEVATION %8. TOP OF FOUNDATION ELEVATION SCALE 30' /93,QD .5'7 A/EST (954. GT 6v /Lo/Ns 4.1: so g 3,4 Z.41 ,00 N D9 5/'/9 "k/ 2/5.00 SETB4CK L /NE -7 1 L of T Z'1,Z Z /5.00 /V 89° 5/'/9"/4/ ij o ado rtN C11 r 3 C C a t cra 4_, i //1//A/014/40P f/aME3 465450, o/ BK 160 P6. 4 L 5.7) O 20 Minn. Reg. No. I(9085 40oo I hereby certify that this is a true and correct representation of a tract of land as shown and described hereon. As prepared by me this /D day of 17K,F/y! 19 92 Precision Pet Extreme Cape Cod Chicken Coop Mills Fleet Farm Call us at 1.677.633.7450 MILLS FLEET 5l" FARM: Proudly Serving lunatic: Ila Srnco 1855 Fishing Hunting Home 1 Farm Poultry Supplies Equipment Precision Pet Extreme Cape Cod Chicken Coop PRECISION PET EXTREME CAPE COD CHICKEN COOP Online Item 0000000084254 SKU: 100367154 CUSTOMER SERVICE Cali us at 1- 877 633 -7458 Contact Us F.A.Q. Lawn Garden Auto ATV I Sporting Goods Clothing Footwear Farm I Pet i Haria Clearance I View All RECENTLY VIEWED Enter to win FREE MILWAUKEE BREWERS TICKETS! Chck Here To Enter Y l Like 868 people like this. Sign Up to sae what your friends like. SUPPLIER INFO Shipping ASN LTL Carrier Matrix Weekly Ad 1 Store Finder I Gift Cards Search $309.99 Temporarily out of stock online Email me when in stock Description More Info I Prefer to place your order by phone? Reach us at 877 633 -7456 M -F 7:OOam 6:OOpm Central Standard Time. CREDIT CARDS ABOUT US Fleet Card Our Company Fleet Rewards Visa History Careers News Sitemap 6 2012 Mills e- Commerce Enterprises, Inc. Login t Register I My Account I Order Simms I Wish List (0) j !J Like 15. Precision Pet's Extreme Cape Cod Coop is ideal for the small urban farmer. It includes a locking nesting box, a private sleeping space with an easy care floor pan, roosting bar, ramp and ground level foraging area. Extreme Cape Cod Chicken Coop Mfr. item number 2927 -29141 About 73.6 in. L x 31.9 in. W x 48 in. H (outside dimensions) Complete home for up to 4 chickens Solid wood construction with asphalt roof for added protection Multiple doors allow easy access to your chickens eggs Easily connect additional pens (sold separately) for a larger living space Weight: Approximately 100.1 pounds (oversized) Shipping Dimensions: Approximately 32.28 x 27.95 x 6.5 inches. SIGN UP SIGN UP NOW Page lof1 YOU MAY ALSO LIKE $9.89 Manna Pro Scaly Leg Protector $9.99 Ware Chick -N- Nesting Box $6.99 Precision Pet Egg Collecting Basket Fallow us an: .r: Sion up now and receive exclusive offers, updates, news and special events. http:// www .fleetfarm.com/detail/precision -pet- extreme cape- cod chicken coop /000000008... 5/20/2013 Precision Pet Products Hen House Chicken Coop Mills Fleet Farm Call us at 1- 877 633 -745G FLEET 5J' FARMe Prou Serving America's Heartland Since 1955 Fishing Hunting Lawn Garden Auto ATV Sporting Goods j Clothing Footwear Farm Home Farm Livestock Supplies Equipment Precision Pet Products Hen House Chicken Coop MILLS RCENTLY VIEWED Precision Pet Products Hen House Chicken Coop CUSTOMER SERVICE Call us at 1- 877 633 -7456 Contact Us F.A.Q. Like 8 people like this. Sign Up to see what your friends like. SUPPLIER INFO Shipping ASN LTL Carrier Matrix Weekly Ad Store Finder j Gift Cards Search Enter to win FREE MILWAUKEE BREWERS TICKETS! Click Here To Enter PRECISION PET PRODUCTS HEN HOUSE CHICKEN COOP Online Item it: 0000000073694 SKU: 100254182 $248.99 Available in stores only Description ore Info Precision Pet's Hen House Chicken Coop is a complete home for your chickens. Constructed of solid wood and a weather resistant asphalt roof, this durable coop offers a nesting/sleeping area, a ramp for foraging up and down, and even a roosting bar so your chickens wit stay active and occupied. AVAILABLE IN -STORE ONLY 78 in. L x 30 in. Wx41 in.H For 2-4 average size birds Solid wood construction with asphalt shingle roof Private living space Roosting bar ramp Nest box accessible with top lifting locking lid Multiple access with locking doors Removable pan for easy cleaning Assembly Required Weight: Approximately 61 pounds (oversized) Shipping Dimensions: Approximately 59 x 31 x 5.51 inches. Prefer to place your order by phone? Reach us at 877 633 -7456 M -F 7:00am 6:OOpm Central Standard Time. CREDIT CARDS ABOUT US Fleet Card Our Company Fleet Rewards Visa History Careers News Sitemap Sr 2012 Mills e- Commerce Enterprises, Inc. Login Register I My Account) Or Status I Wish Lisl (0) Pet Horne Clearance View AI( L<c 39 SIGN UP SIGN UP NOW EX. 6,4. Page 1 of 1 YOU MAY ALSO LIKE craw $8.99 Coastal Pet Nylon Cow Collar $19.99 La Crosse Brush 9 Inch Big Chief Tank Brush $2.19 Rol Decker 100 Ct. HUMP Hill's Shoat Rings Follow us on: Sign up now and receive exclusive offers, updates, news and special events. http: /www.fleetfarm. com/detail /precision pet products- hen house chicken coop /0000000... 5/20/2013 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 e, 6" Page 1 of 3 (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) 6/26/2013 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 Y2) 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 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 everyyear 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 opportunity for 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 '''A) 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. 6/26/2013 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. Anv 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_ Page 3 of 3 6/26/2013 TO: Planning Commission FROM: Tony Wippler, Assistant City Planner SUBJECT: Variance Application Expansion of a Nonconforming Use DATE: July 9, 2013 INTRODUCTION The applicant, Oran Evans, is seeking variance approval to expand a nonconforming use for purposes of constructing a detached garage. The subject property is 405 Elm Street. Section 10 -4 -2 of the City Code states "Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title. Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved Planning Division Review Applicant: Attachments: City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.ci.farmington.mn.us Oran Evans 405 Elm Street Farmington, MN 55024 1. Variance Application Ex. A 2. Zoning Map Ex. B 3. 2030 Comprehensive Plan 2011 Amendment Map Ex. C 4. Aerial Photography Site Plan Ex. D 5. Section 10 -4 -2: Nonconformities Ex. E Property Location: 405 Elm Street Legal Description: Lot 8, Block 27, Town of Farmington Lot Size: 0.23 acres (10,230 square feet) Existing Zoning: B -2 (Downtown Business) 2030 Comprehensive Plan: Business Existing Land Use: Single- family residential Surrounding Land Uses: The subject property is completely surrounded by single family residential Year Home was Built: 1910 (according to Dakota County Parcel Records) DISCUSSION ZONING HISTORY The applicant, Oran Evans, is seeking variance approval in order to expand a legal nonconforming use for purposes of constructing a detached garage on a residentially used property that is zoned for commercial uses. The subject property is located at 405 Elm Street and is zoned B -2 (Downtown Business). According to Dakota County Property Records, the home on the property was constructed in 1910 and has been utilized as a single family residence ever since. The property was rezoned from R -3 (High Density) to B -2 (Downtown Commercial) in 2002 as part of the 2020 Comprehensive Plan update which was originally approved in 2000. This property was one of several "fringe" residential properties that were rezoned in 2002 to a commercial designation. At the time of adoption of the 2020 Comprehensive Plan in 2000 City staff, the Planning Commission and City Council had determined that these properties held redevelopment potential for commercial expansion of the downtown and were rezoned accordingly. Proposed Detached Garage Mr. Evans is proposing to construct an 825 square foot (33' x 25') detached garage on the northern portion of his property. There currently is no garage, either attached or detached, located on this property. The proposed detached garage is shown to be setback 9 feet from the western property line, 18 feet from the eastern property line and 20 feet from the rear lot line adjacent to the alley. In addition, the proposed structure is setback greater than the 10 feet from the principal structure as required in Section 10 -6 -6 of the City Code. It would be approximately 85 feet from the existing home. There are no setback requirements within the B -2 Zoning District, however, the setbacks as proposed are similar to what would be required on a lot zoned for residential uses and are appropriate considering the residential uses to the north, east and west. The B -2 Zone allows the maximum lot coverage for all structures to be 100 With the existing house (900 square feet and the proposed detached garage (825 square feet) approximately 16.86% of the lot (10,230 square feet) would be covered if the proposed structure were built. This percentage is far below what is typically allowed, 30 -35 in residential zones. 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 home was constructed in 1910 as a residential use. The zoning of the property was changed in 2002 as part of the 2020 Comprehensive Planning process making the existing use of the property (residential) a nonconforming use. The rezoning was initiated by the City and has created a practical difficulty for this property owner in that any expansion on this properly requires variance approval by the Planning Commission. There is adequate room to accommodate a detached garage on this property. The existing home does not have a garage. 2. That the variance would be consistent with the comprehensive plan. (see answer to #1 above) 3. That the variance would be in harmony with the general purpose and intent of this title. It is staff's belief that the approval of the variance is 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 subject parcel is adequate in size to accommodate the proposed detached garage, however, the zoning has made the use of the property as a residence nonconforming. The City initiated the rezoning of this property to B -2 in 2002 along with several other adjacent residentially used properties. This is generally not an applicable situation 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. The City initiated and completed the rezoning of the subject property in 2002 thereby making the use of the property as a residence a legal nonconforming use. 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 granting of the variance will not alter the essential character of the locality of be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values. The uses of the adjacent properties to the north, east and west are residential in nature and a detached garage is not out of the ordinary in this general locality. 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 congestion on 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. The action requested is the minimum 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. Legal nonconformities can be expanded with variance approval by the City's Planning Commission. ACTION REQUESTED Approve the variance request to expand the legal nonconforming use in order to construct a detached garage on the property located at 405 Elm Street, contingent upon the following: 1. Submission and approval of a building permit. Respectfully submitted, Tony Wippler, Assistant City Planner Cc: Oran Evans, 405 Elm Street VARIANCE APPLICATION Applicant alav h t/ ,7 c' Address: S E L rh sr U-( Yr. r► fvr Street City Owner: 0 h E c Address: S'(>.S" C L y"' r �r1+, !'1 7�0 Street C Premises Involved: SUBMITTAL REOUIREMENTS Proof of Ownership Application Fee ($200) Boundary Lot Survey Signature of Property Owner City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 wwwci.farmi ngton.mn.us J C (A-$ -P JUN 17 2013 Telephone: 712- 2 E g2Fax: rh o 350 State Zip Code Telephone: (ES;) 7 Y 2 6�.2Fax: State Zip Code L7 b 2 7v pAem kL Address/ Legal Description (lot, block, plat name, section, township, range) Current Zoning District Current Land Use Specific Nature of Request Claimed Practical Difficulties: (i f a t rs c {i e S c; ate Copies of Site Plan Abstract/Residential List (adjoining property owners only) Torrens (Owner's Duplicate Certificate of Title Required) Date Signature of Applicant -/J Date EX.A Request Submitted to the Planning Commission on laf l71I 3 Public Hearing Set for: 'OM Planning Commission Action: Comments: Conditions Set: Planning division: For office use only Advertised in Local Newspaper: (007//3 Approved Denied Fee Paid $200 Ci of Farmington $46 Dakota County Recorder Date: 9/06 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 f I 1 EX i� Map 12.1 Farmington Zoning Map 1 1 1 1 1 1 1 1 0 0.25 0.5 1 Miles Legend Zoning A -1 (Agriculture) B -1 (Highway Business) B -2 (Downtown Business) B -3 (Heavy Business) B-4 (Neighborhood Business) Business /Commercial Flex 1 -1 (Industrial) IP (Industrial Park) Mixed -Use Mixed -Use Commercial /Residential Other P /OS (Park/Open Space) R -1 (Low Density Residential 1.0 -3.5 du /ac) R -2 (Low /Medium Density Residential 3.5 6.0 du /ac) R -3 (Medium Density Residential 6.0 -12.0 du /ac) R -5 (High Density Residential 12.0+ du /ac) 1 1 ROW (Right -of -Way) SSC (Spruce Street Commercial) Water Vermillion River Floodplain Q Downtown Commercial District Historic Properties Empire OAA City of Farmington R -D (Downtown Residential) R -T (Downtown Transitional Mixed Use) W E Map dated March 5, 2013. Prepared for the City of Farmington Community Development Department by the Dakota County Office of GIS. 2030 Comprehensive Plan (2011 Amendment) Legend MUSA Line Ag Preserves Agricultural Commercial 11.11 Industrial Mixed-Use (Commercial/Residential) Low Density (1.0-3.5 du/ac) Low Medium (3.5-6.0 du/ac) Medium Density (6.0-12.0 du/ac) 111111 High Density (12.0+ du/ac) Public/Semi-Public M I Park/Open Space Restricted Development ROW (Right-of-Way) FM Empire OM Castle Rock OAA 0 2,000 4,000 Feet Map current as of March 5, 2013. H J11.1.1.11 111 i:1 1111 11 1 IFTPI -wAcnityr:s Mirrl Downtown SPRUCE ST PINE.ST— —PINE.ST— 111 I- 1111 £X C Map 4.5 [111111 rll1 HT s —WALNUT ST _IIJIJI II '11 r7i FITTTT1 'TT o° 11- Prepared for the Farmington Community Development Department by the Dakota County Office of GIS. 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 verification. 1 inch 40 feet Dakota County assumes no legal responsibility for the information contained in this data. 6/25/2013 10 -4 -2: NONCONFORMITIES: Page 1 of 2 (A) Purpose: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and Tots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this chapter that nonconforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity. (B) General Provisions: 1. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings, structures, lots or uses becoming nonconforming. 2. Floodplains: Nonconformities in floodplains and shore land areas shall comply with requirements listed in chapters 5 and 6 of this title, respectively. 3. Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title, unless: LX •L (a) Any nonconforming structure or use damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50 of its fair market value as indicated by the records of the county assessor, and no building permit has been applied for within one hundred eighty (180) days of when the property was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. 4. Lawful Nonconformities: Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved in accordance with section 10 -3 -6 of this title. 5. Setbacks: The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconforming setback shall be either the existing setback or the setback as otherwise specified in this chapter, whichever is less. 6. Change From Conforming To Nonconforming: When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. 7. Change To Reduce Nonconformity: A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Ord. 011 -642, 12 -19 -2011) 6/25/2013