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HomeMy WebLinkAbout09.16.86 Planning Packet1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES a. August 19, 1986 b. September 11, 1986 AGENDA PLANNING COMMISSION REGULAR SEPTEMBER 16, 1986 3. PUBLIC HEARING 7:00 P.M. VARIANCE Minnesota Technical Research, Inc. to expand loading dock and construct storage building. 4. PUBLIC HEARING 7:15 P.M. CONDITIONAL USE (SPECIAL EXCEPTION) Kindernook Nursery School to move into Farmington Presbyterian Church. 5. PUBLIC HEARING 7:30 P.M. VARIANCE FEI, Inc. to construct new building within 10 feet of east property line. 6. LEE HAWKINS Appeal of ruling by the Zoning Administrator regarding business activity at 105 Oak Street. AGENDA REPORT PLANNING COMMISSION REGULAR SEPTEMBER 16, 1986 (ENCLOSURES) 1. Call to Order 7:00 P.M. 2. Approve Minutes August 19, 1986 and September 11, 1986 3. Public Hearing Minnesota Technical Research Inc. The request to enlarge a loading dock and to build a storage building at 100 8th Street was submitted without a site plan. To meet time constraints of published notice, materials regarding the request were submitted to the newspaper before the site plan arrived. It became obvious once the site plan was reviewed that the applicant had no land on which to build any of the uses requested and that the existing loading dock is situated within the public right of way. The Commission has no authority to grant this request. Unfortunately, the Zoning Ordinance amendment designed to speed up the process for variances and conditional use (Special Exception) requests has backfired by setting an unnecessary hearing. It points out the need for staff to make sure each application is complete before the hearing is scheduled. However, the applicant has made recent changes on site which do appear to encroach on the right of way. The job of the Planning Commission at this hearing will be to determine when encroachments on the right of way were made and to establish a time frame when they must be removed. 4. Public Hearing Kindernook Nursery School The application to move Kindernook Nursery School from Faith Church to Farmington Presbyterian Church was submitted when Farmington Public Schools rented space used by Kindernook for classrooms. The intention is to use the south wing of the Church for the nursery in the same manner that Faith Church was used previously. The nursery operates 4 hours per day in the morning with a mid morning break. The applicant contemplates moving climbing and other equipment to the church. The number of children enrolled approximates 20. The Building Inspector has given a temporary occupancy permit to the applicant pending a decision by the Board. 5. Public Hearing FEI, Inc. The application submitted by FEI, Inc involves a variance of 15 feet to the side yard requirements of the I -1 Light Industrial District. The lot occupied by FEI, Inc, is at the west edge of the Farmington Industrial Area on the north side of Highway 50. When the property was divided from farm land, the City Council decided that no right of way for the future realignment of County 31 would be required. They required instead that the FEI building observe a 70 foot setback to allow future construction of County 31 along the west property line. Now that the company has need of additional space, a second building CT /mh is planned which will work best if separated by 40 feet from the first. This means that only 10 feet remain for a side yard setback. The question to be answered is where the access road to remaining industrial land north of Highway 50 will be placed. If it will adjoin FEI, the resulting 10 foot setback will be 40 feet too close to the road. On the other hand, a road adjoining Duo Plastics will have a 25 foot setback, or, 25 feet too close to the right of way. From a planning perspective, the industrial access road should be planned to adjoin Duo Plastics. This means that the proposed building will be 10 feet from another industrial use which would observe the 25 foot setback. The test for hardship in Variances is listed in Section 10 -8 -6, paragraph C. The undue hardship results from an exaggerated setback along the west side of the property. This is indeed unique to this property and is not the result of actions (initiated by) persons presently having an interest in the property. The 40 foot spacing between structures is a practical request since vehicular maneuverabilty is important to the applicant. The request is unlikely to establish any precedent since the owner gave up 70 feet in setback on one side of the property at the request of the City Council. A granting of this request would, however, mean that access to the industrial land north of the uses fronting on Highway 50 would need to be placed adjacent to Duo Plastics. 6. Appeal Lee Hawkins 105 Oak Street The complaint of neighbors regarding the business use of property at 105 Oak Street has been sustained by the City Administrator. The appeal from the property owner relates to Section 10 -8 -4 of the City Code. The Planning Commission, sitting as the Board of Adjustment, has 60 days from its consideration of the appeal in which to render a decision. The entire discussion revolves about the issue of whether stored or maintenance of commercial vehicles constitutes a business. Such an interpretation must be made with the recognition that this is by no means an isolated activity. Other businesses use vehicles that are routinely stored and maintained in residential neighborhoods. The question in this instance appears to be the noise level associated with such maintenance. Q)1VatO CJIL) Charles Tooker Planner