Loading...
HomeMy WebLinkAbout10.12.93 Planning Packet1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES a. September 14, 1993 Regular b. September 20, 1993 Special c. September 28, 1993 Special AGENDA PLANNING COMMISSION REGULAR OCTOBER 12, 1993 3. PUBLIC HEARINGS a. 7:00 P.M. Rezone Northeast Corner of Third and Ash Street for Proposed Casey's General Store b. 7:00 P.M. Variance /Conditional Use to Build Convenience Store with Gas Pumps at Northeast Corner of Third and Ash Streets Proposed Casey's General Store c. 7:30 P.M. Variance for an Existing Deck at 18075 Elgin Avenue. d. 7:40 P.M. Conditional Use Request for Wetland Alteration Permit for Prairie Creek PUD e. 7:50 P.M. Zoning Ordinance Amendment Flood Plain Ordinance f. 8:00 P.M. Amendment to Sign Ordinance Flexibility of Size for Approved Conditional Uses g 8:30 P.M. Amendment to Zoning Ordinance Screening within the B -2 District 4. DISCUSSION a. Complete Action on Requested Variance Screening and Landscaping of Service Yard in Farmington City Center 5. ADJOURN 1. Call to Order 7:00 P.M. 2. Approve Minutes a. September 14, 1993 Regular b. September 20, 1993 Special c. September 28, 1993 Special AGENDA REPORT PLANNING COMMISSION REGULAR OCTOBER 12, 1993 3. Public Hearings a. 7:00 P.M. Requested rezoning for a proposed Casey's General Store at the northeast corner of Third and Ash Streets. The existing convenience store is a legal nonconforming use that operated at this location for many years before the existing zoning ordinance was adopted. As such, it may be continued but not expanded unless to a conforming use. A new nonconforming use may be created in an existing structure to replace a lawful nonconforming use, provided that the owner agrees in writing that the proposed nonconforming use will entail no structural changes or additions other than those required for purposes of safety, health and aesthetics. In order for the proposed use to be built, the property would need to be rezoned plus several variances granted. In the matter of rezoning, the City Comprehensive Plan shows no business use at this location. Rezoning this lot to B -1 Business would constitute "spot zoning" since it is unrelated to any other business use in the neighborhood. In addition, Section 10- 4 -1(D) of the City Code reads as follows: "Nonresidential structures or uses shall not be located or con- structed closer to any property lines of any other lot not com- monly owned in any "R" district than (50 feet for business uses)." The proposed site plan indicates that the building will be situated on the north property line. Also, Table 1 in the zoning ordinance shows that the front yard setback in the B -1 District is 50 feet. In essence, if the setback requirements of the zoning ordinance were to be observed, there would be no space available for the proposed use. In addition, the staff of the County Highway Department has indicated that they would not approve a driveway access on Ash Street(C.R. 74). Recommendation Forward to the City Council a recommendation that the requested zoning amendment should be denied based upon the fact that such a rezoning would constitute an isolated spot of business zoning in an otherwise residential neighborhood and that the lot is not large enough to accom- modate the proposed activity. In addition, the Comprehensive Plan does not indicate a need for business use at this location. b. 7:00 P.M. Requested variance /conditional use to build a convenience store with gas pumps at the northeast corner of Third and Ash Street by Casey's General Stores, Inc. Planning Agenda Report Page 2 10/12/93 As indicated above, the proposed use will be situated on the north property line and 7 feet from the Ash Street right of way. In the existing zoning ordinance, both would be required to be located 50 feet from the property line. The tests for a variance in Section 10- 8 -6(C) of the City Code include: 1. literal enforcement would result in undue hardship with respect to the property; 2. such unnecessary hardship results because of circumstances unique to the property; 3. the hardship is caused by provisions of this Title and is not the result of actions of persons presently having an interest in the property. If the two variances were to be granted, the particular section of the zoning ordinance which separates business buildings from adjoining residential uses and provides setbacks from public streets would be effectively eliminated. The applicant has not presented any information which indicates that this lot is different from any other lot that is currently zoned B -1. The main problem of this site is that it is too small to accommodate the proposed use. Recommendation Ask the City staff to prepare findings to be presented at the next regular meeting which would support a denial of the requested variances. c. 7:30 P.M. Requested variance for a previously built deck at 18075 Elgin Avenue which is 12 feet rather than 20 feet from Echo Terrace. The existing site plan was presented to and approved by the City Building Official earlier this summer. After the permit was issued and the first inspection was made, it was discovered that the property is on a corner and requires two front yard setbacks of 20 feet. The main reason for front yard setbacks is to protect adjacent property from having its visibility up and down the street from being blocked. The ordinance, however, does limit the Board of Adjustment to a reduction of front yard setbacks up to 5 feet. This request is to reduce the setback by slightly less than 8 feet. The hardship in this case results from an honest mistake on the part of City staff which was not discovered until the structure was in place. Viewing the deck may be helpful as it is an open structure which does not limit the use of adjoining property or interfere with traffic at the intersection. Recommendation Grant the variance based upon the fact that a 5 foot variation in setback is acceptable and that the adjoining housing unit will not be damaged by an 8 foot variation. Planning Agenda Page 3 10/12/93 d. 7:40 P.M. Requested conditional use from Progress Land Company for a Wetland Alteration Permit to grade a protected wetland within Prairie Creek PUD Tom Kaldunski will submit a report which will be mailed under separate cover. e. 7:50 P.M. Proposed Zoning Ordinance amendment which involves a reworking of the existing flood plain ordinance as required by the Minnesota DNR. This ordinance was mailed earlier and has been given tentative approval by the DNR subject to one additional change. Copies of the ordinance as revised are included in this package. f. 8:00 P.M. A proposed amendment to the Sign Ordinance for flexibility in the size of signs for approved conditional uses within residential districts. In Section 4- 3- 3(A)3, the wording change suggested by the sign being placed at 310 Division Street involves expanding the square footage for signs in residential districts from twelve (12) square feet to thirty (30) square feet. The change would accommodate a two faced sign of 24 square feet together with a 6 square foot filler between the sign faces. It is pointed out that the sign at Dexterity Dental Arts, Inc. will appear larger since the two faces of the sign are at right angles to one another rather than back to back as anticipated by the wording of the ordinance. The question to be answered by the Commission is at what point does a business sign in a residential district become too large. This subject came up when the dental office sign was placed along the Highway 3 frontage near Ash Street. This sign, which was approved, may provide some guidelines as to what size limitation would be reasonable. The staff will supply dimensions of that sign at the meeting. In addition, Mr. Ihle has indicated that his sign will be in place before the hearing. g. 8:30 P.M. Proposed amendment to the City Zoning Ordinance pertaining to screening of loading areas within the B -2 General Business District The developers of Farmington City Center have petitioned for an amendment to the Zoning Ordinance which would change Section 10- 6 -9(A)2 by reducing the minimum of a forty foot (40') wide landscaped yard to five feet (5') in the B -2 General Business District when a wall or other suitable screening are in place. This wording makes some sense when one con- siders the limitation of space within the Downtown. The ordinance also makes sense if undeveloped land is being converted to business use. Redevelopment in the downtown is different because of the confined spaces that exist and the long term effort to make the downtown a con- venient to use pedestrian area. Planning Agenda Report Page 4 10/12/93 .I Recommendation Forward to the City Council a recommendation to reduce the landscaped area between service courts and public streets from 40 to 5 feet within the B -2 District when a wall or suitable screening are in place. 4. Discussion The enclosed memo from the City Attorney explains the need to complete action on the requested variance from the zoning ordinance regarding the screening and landscaping of the service yard of the proposed grocery store in Farmington City Center. This issue needs to be brought to closure. ea, 4? 44,, Charles Tooker City Planner