HomeMy WebLinkAbout08.14.90 Planning Packet1. CALL TO ORDER 7:00 P.M.
2. APPROVE MINUTES
a. July 10
b. July 16
3. DISCUSSION
4. DISCUSSION
5. DISCUSSION
6. DISCUSSION
1990
1990
AGENDA
PLANNING COMMISSION
REGULAR
AUGUST 14, 1990
VARIANCE REQUEST FROM BIBLE BAPTIST CHURCH
REQUEST FROM FRANCIS VALEK GARAGE
HOUSING ELEMENT OF COMPREHENSIVE PLAN
HERITAGE PRESERVATION COMMISSION
AGENDA REPORT
PLANNING COMMISSION
REGULAR
AUGUST 14, 1990
1. CALL TO ORDER
2. APPROVE MINUTES
3. DISCUSSION VARIANCE REQUEST Bible Baptist Church Request to Create a 10 Acre
Parcel Fronting on County Road 31 near 195th Street
McNamara owns 24 acres within MUSA limits on the east side of County Road 31 (Akin Road)
and immediately east of Akin Road Elementary School. Bible Baptist Church would like
to purchase the north ten acres for its future church site. They have asked for a
Waiver of Platting from the Zoning Officer. But staff has no authority to comply with
the request because the land is within the urban service area. [11- 1- 5(c)1]
In addition, the Zoning Officer believes that the property division would adversely
affect the future orderly development of the adjacent property. [11- 1 -5(d)] Because
the property fronts on a county road, Dakota County has absolute jurisdiction over
access to the right of way. City staff spent several months working out an access plan
to the southeast quarter of Section 13 for this reason. The applicant believes that the
county road will be changed to the right of way of Essex Avenue in the near future and
this should eliminate the problem. The City staff, on the other hand, has indicated
that while Essex Avenue is scheduled to be built in 1992, it is being built with City
Municipal State Aid funds and the County has shown no interest in participating in the
project.
The City staff is concerned about how the remaining 14 acres will be developed. The
County already forced an access on the north line of this quarter quarter section and
one driveway provides access to the adjoining property. This lot, if created, would
provide an additional driveway leaving the remaining 14 acres without any access. The
School District, when it purchased land from Mr. McNamara, was required to plat the
property. It is the staff position that both the church and Mr. McNamara should do the
same to assure that no property shall be left without access. Neighborhood planning is
essential to provide a platted stub street which will provide access to both the church
and whatever may be developed on the 14 acres that are left.
Recommendation
Recommend denial of the variance request to the City Council since it does not meet the
criteria outlined in Section 11 -6 -2 -1 of the City Code.
4. DISCUSSION Request from Francis Valek, 607 Oak Street, to Build a Garage on an
Adjoining Lot Without a Principal Use
The property at the corner of Sixth and Oak Streets is for sale and the owner believes
that a waiver of platting would be an ideal way to maximize a return on the original
investment. The plan is to divide the lot east and west, creating two 85x100 lots.
The adjoining neighbor, Francis Valek, would like to buy the vacant part of the lot to
build a garage of approximately 900 square feet to store extra recreation equipment that
he owns. The ordinance does not list garages as permitted or conditional uses since they
are accessory buildings which are incidental and subordinate to the principal building
or use. [10 -1 -4). The definition also says that accessory uses are located on the same
lot as the principal building or use. Chapter 4 Lot and Yard Requirements continues
the suggestion that lots are designed for principal uses with accessory uses, without
actually addressing the issue specifically.
The Commission has no grounds to grant a variance but could decide to amend the ordinance
if it thought such a change were desirable. As the types of recreation equipment pro-
liferate, storage becomes an ever increasing problem, particularly when accessory garages
are limited to 800 square feet in size. The Conditional Use process will allow a garage
of up to 1000 square feet and Mr. Valek will need to file a request for a Conditional Use
if the Commission decides that this type of use has merit.
Recommendation
Advise Mr. Valek that the staff interpretation of the Ordinance is correct and the
Commission does not plan to recommend an amendment.
5. DISCUSSION Housing Element of the Comprehensive Plan
The draft is relatively brief since detailed census data will not be available until
early next year.
6. DISCUSSION Heritage Preservation Commission
Questions raised about recent improvements at the Daniel Akin house lead to some research
on the status of buildings in the National Register of Historic Structures. In essence,
the only affect of such a designation is that improvements accomplished with Federal
Funds may not involve any changes in the exterior. In order to protect structures from
private rehabilitation, a Heritage Preservation Commission would need to be established.
The attached ordinance from Stillwater is enclosed by way of example. With so few
buildings on the National Register, it may be questionable if Farmington should go to the
expense of an added program and staffing.
Charles Tooker
Planner