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HomeMy WebLinkAbout12.14.93 Planning Packet1. CALL TO ORDER 2. APPROVE MINUTES AGENDA PLANNING COMMISSION REGULAR DECEMBER 14, 1993 a. November 23, 1993 Special 3. DISCUSSION CITIZEN ACTION REQUESTS a. James Pluntz b. Bakery Sign c. Farmstead Storage d. Equipment Storage on Farm and Junked Cars Downtown 4. DISCUSSION ROSEBRIER CONDITIONAL USE 5. DISCUSSION CONTINUED FROM NOVEMBER 9TH AND 23RD a. Business Signs Downtown b. Landscaping Requirements between Public Streets and Loading Areas c. Wetland Alteration Permit Hearing Prairie Creek 6. ADJOURN AGENDA REPORT PLANNING COMMISSION REGULAR DECEMBER 14, 1993 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES November 23, 1993 Special 3. DISCUSSION A number of Citizen Action Requests have been filed recently concerning perceived violations of the City Code. The following list of complaints have been discussed a number of times by the staff. The findings presented herein are the results of staff investigation. a. Two complaints have been submitted for the metal building which was moved from the James Pluntz property to the Harold Mattson farm. One complainant charged that an accessory building was placed on the Mattson farm and the other was the building was moved without the benefit of a conditional use permit. In regard to the first problem, the Mattson property is considered to be a farm situated within an R -1 Residential District. As such, it contains a farm dwelling, deteriorated barn and several accessory buildings. Accessory Buildings are defined as "Any building or use customarily incidental and subordinate to the principal building or use and located on the same lot as the principal building or use." This building appears to fit within the overall intent of the Zoning Ordinance. The second objection is directed to Section 10 -6 -16 Relocated Structure, which says in part: "Before any building or structure which has been wholly or partially erected on any premises located either within or outside of the City can be moved to and placed upon any other premises in the City, a conditional use permit shall be obtained." The intent of this appears to be covered with additional language which requires photographs to be taken of the structure to be moved and all adjoining lots and structures, plus the lot where it will be located. It suggests that the concern is whether or not the moved structure will fit within the neighborhood that it is going to be located. In this case, the building was moved several hundred feet to a different lot within the same zoning district. The ordinance wording suggests a concern about structural appearance. A conditional use hearing would do nothing to affect the appearance of the structure in question. Current City policy also requires that a certificate of insurance and surety shall be in place in case any damage is done to public property during the move. In this instance, no public property was involved. It appears the building was moved without a conditional use permit but the move did not affect City residents or compromise the intent of the Zoning Ordinance. While inspecting the Pluntz property, the City Building Official did find that Mr. Pluntz has added a 35' x 12' carport to the Planning Agenda Report Page 2 west side of the 1000 square foot storage structure that was built with the blessing of the Planning Commission. It means that the approved conditional use now has a 420 square foot addition that is not sanctioned by the zoning ordinance and it was built without benefit of a building permit. The existing conditional use is, therefore, in violation of the City code. b. One formal complaint and one informal complaint have been received regarding the Bakery sign on Elm Street. This has been interpreted by the City staff as a portable sign under Section 4 -3 -3 (B)5 which reads, in part: "5. Portable Signs: Such signs may be used for a period not to exceed ten (10) days and not more than three (3) times per year at one location or for one use. ....Such sign shall be fifteen feet (15') from the street right of way." The sign in question has observed the time limits reasonably well, but is not closely monitored. The area in which the sign has never complied has been the required 15' setback from the street right of way. The informal complaint came from another business person who attempted to do the same thing with a very large sign and one that did not observe the thirty day limit per year. The abuse of time limits resulted in the discussion the Planning Commission started at the last meeting with regard to signs within public rights of way. The staff needs more direction from the Commission as to the objective the Commission would like to achieve regarding these signs. c. A single complaint was filed regarding a business use at 18810 English Avenue in Silver Springs. A sign on Pilot Knob Road advertised the Christmas Goose Boutique. The Police Department sent an officer to investigate and found the house was a model home which was sold. The furnishings are being sold out of it on weekends, plus. Thursday and Friday evenings. They anticipated that they would be finished selling by the coming weekend. This falls into the category of garage and yard sales under Section 10 -6 -18 which says "Unless otherwise regulated, garage and yard sales within residential districts shall be limited to one three (3) day sale, three (3) times a year. It clearly is not a business and has a definite "sunset" built in. However, the Christmas Goose could turn up again in another neighborhood next year. The Commission will need to decide whether or not this is a problem and if time should be spent on it. d. The next complaint involved three farmsteads which include the Royle Huber farm at 210th Street and Fairgreen Avenue, the Hammer farm at the intersection of County Roads 31 and 50, plus the Swanson farm on Pilot Knob Road. All three have various combinations of vans, fish houses and junked cars stored on the property. The Farmington Zoning Ordinance which originated in the early 1970s and was reaffirmed in the early 1980s is quite specific with regard to the protection of existing agriculture within the City. Agriculture is a permitted use in both Agricultural Districts, the R -1 Low Density District, the R -2 Medium Density District, the C -1 Conservation District and two of the three Flood Plain Districts. As mentioned earlier, accessory buildings Planning Agenda Report Page 3 or uses are defined as "Any building or use customarily incidental and subordinate to the principal building or use and located on the same lot as the principal building or use." Ordinance interpretation has been reasonably liberal as to what constitutes an incidental and subordinate use. To date, junked cars, fish houses and vans all qualify as accessory uses as long as there is a principal use or farmstead on the property. d. The final complaint concerns two issues. The first is an allegation that there are three junked cars sitting behind the former bank building, now newspaper office, on Third Street. The second involves stored excavation equipment on a farm on Flagstaff Avenue. Both the Building Official and Police Department are investigating and more information will be available at the meeting. 4. DISCUSSION ROSEBRIER CONDITIONAL USE Chair Hanson has requested a discussion of the Rosebrier Conditional Use since it was approved on December 8, 1992 and there appears to have been no progress toward implementation. The attached memo from the City Administrator to the HRA Director suggests that findings of the Administrator will be available during the January 11, 1994 regular session. 5. DISCUSSION CONTINUED FROM NOVEMBER 9TH AND 23RD a. Business Signs Within the Downtown For convenience, the draft revision to the section on portable signs has been recopied along with the paragraph that it has been designed to replace. In addition, two definitions discussed last time are as follows: Trailer Sign: Any sign mounted on a vehicle normally licensed by the State of Minnesota as a trailer and used for advertising or promotional purposes. Sandwich Board Sign: Any sign placed within public rights of way designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign. The City Council, on Monday, December 6th, adopted a revision recommended some time ago by the Commission to eliminate the need to renew conditional uses for directional signs each year. There was some concern that this may need to be revised again. However, the staff suggested that there is not a conflict between the wording of directional signs and portable signs in either the adopted ordinance or the proposed amendment. The major decision that needs to be made is the size limit that will be appropriate for signs within downtown Farmington. b. Landscaping Requirements Between Public Streets and Loading Areas. The issue is reasonably straight forward. The existing ordinance requires 40 feet of landscaping between loading areas and public Planning Agenda Report Page 4 k rights of way. This has been a problem for investors in both the industrial district and the downtown. The Planning Commission has granted variances in both. It was suggested last time that an excessive requirement of landscaped width could result in a better site plan if variances are required. On the other hand, space within the downtown and the industrial park is a limited commodity. The experience of Prior Lake mentioned on November 9th, provides some parameters that range between 10 and 30 feet depending upon the street classification. It appears to be a reasonable compromise between the original request and the existing ordinance requirement. c. Wetland Alteration Permit Hearing Prairie Creek The City Engineer has agreed to forward a recommendation under separate cover in order to complete the Planning Commission record on this hearing. The delay involved the lack of response from the various State agencies involved. The Engineer is comfortable that the public hearing can be closed and action taken by the Commission. efA Charles Tooker City Planner cc: file