Loading...
HomeMy WebLinkAbout07.19.88 Planning PacketAGENDA PLANNING COMMISSION REGULAR JULY 19, 1988 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES JUNE 21, 1988 3. PUBLIC HEARING 7:00 P.M. CONTINUED FROM JUNE 21, 1988 CHRISTIAN LIFE CHURCH 4. PUBLIC HEARING 7:20 P.M. CONTINUED FROM JUNE 21, 1988 DONALD HARVEY 5. DISCUSSION CENEX REQUEST TO CONVERT EXISTING FERTILIZER STORAGE TO LP GAS STORAGE 6. DISCUSSION PRELIMINARY /FINAL PLAT DAKOTA COUNTY ESTATES 5TH ADDITION 7. DISCUSSION ADMINISTRATION REQUEST FOR CLARIFICATION LEE HAWKINS 105 OAK STREET 8. DISCUSSION AMENDMENT TO HARDEE'S CONDITIONAL USE PERMIT 1. Call to Order 7:00 P.M. 2. Approve Minutes June 21, 1988 3. Public Hearing 7:00 P.M. Christian Life Church Following a review of the Farmington Zoning Ordinance, staff recommends the addition of Day Care Center to the A -1 and A -2 Districts as a permitted use. This will place it in the same category as public and parochial schools and churches. Assuming that the City Council chooses to make the change, the Church will be able to proceed immediately with plans to add the proposed day care center to its existing facility in time to open at the beginning of the school year. At some future date, during a general revision or update of the City Zoning Ordinance, all three uses could be transferred to the column of conditional uses where they would better provide for maintenance of agri- cultural district integrity. Recommendation Forward a recommendation to the City Council that they add Day Care Centers to the permitted use column in both the A -1 and A -2 Districts. 4. Public Hearing 7:20 P.M. Donald Harvey The hearing was continued to allow Mr. Harvey time to prove that the garage actually sits on his property and not within the public right of way esta- blished for 7th Street. Mr. Harvey left the attached survey of a neighbor's property, presumably to prove that his garage is actually off the right of way. A site inspection suggests that the cornermarker on the neighbors property in the NE corner may be the iron indicated in the survey submitted. If centered on this iron stake, it is possible to see the entire sidewalk in the block to the north, indicating that the garage "footprint" is within Mr. Harvey's lot. The only portion not included is the garage overhang which does extend into the right of way by approximately 12 inches. Assuming that the above accurately reflects the existing situation, it is possible for the Commission to grant a Conditional Use permit to expand the garage, but without any overhang along 7th Street. Section 10- 4 -1(G) indicates that an addition to an existing building may be extended utilizing whatever setback that has been established by that building. Section 10- 4 -1(L) says that accessory structures of up to 1,000 square feet may be approved through the conditional use process. The applicant wishes for a garage measuring 896 square feet. Recommendation AGENDA REPORT PLANNING COMMISSION REGULAR JULY 19, 1988 Approve the conditional use request for a garage to be built which adds to the existing 18x20 foot structure creating a garage of 896 square feet subject to a redesign of the roof so that it will not overhang the public right of way. 5. Discussion Cenex request to convert existing ammonia fertilizer storage to L.P. gas storage. Cenex is currently exploring its options regarding the facilities it purchased in Farmington from the former Farm Service in 1983. The Commission reviewed a request in October of 1983 regarding continued use of the anhydrous ammonia storage tank on Highway 3 south of Willow Street. This non conforming use was allowed to continue since its use had not been abandoned for more than one year. Today, the company believes that all anhydrous storage should be handled from its facility south of Hampton and that the tank on Highway 3 would serve them better is used to store L.P. gas. Section 10- 6 -1(A) of the ordinance says that a non conforming use may be con- tinued but not extended, expanded or changed except as permitted by the Board. It is therefore within the authority of the Planning Commission in its role as Board of Adjustment to grant the requested change. There is an existing L.P. storage tank across Highway 3 in Empire Township. It is likely that the potential for gas escape will be reduced with the proposed conversion to L.P. Ultimately, it would be desirable to have all such tanks eliminated from populated areas, but for now, a change in use is considered beneficial. Recommendation Approve a change in the non conforming use as requested. 6. Discussion Preliminary Plat Dakota County Estates 5th Jack Benedict had some neighborhood opposition to the quad homes proposed in the 4th Addition of Dakota County Estates when the public hearing was scheduled by the City Council. Because the plat was consistent with the original PUD it was given approval as originally proposed. Since that time, demand for single family housing has continued to be strong and the developer has had little experience with multiple housing. He therefore would like to replat the portion of Dakota County Estates Fourth Addition that contained space for four quad homes. All proposed lots meet minimum standards of the Farmington Zoning Ordinance. The overal density of the 4th Addition will thereby be reduced by five housing units. This change will require an amendment to the PUD. A public hearing for a change in zoning should be advertised to coincide with the public hearing for the replat. Because streets and utility stubs are in place, there is little need for comment from other public and semi public agencies. One qualification is that because the City Engineer is on vacation, he has not had an opportunity to review the replat. Recommendation Forward a recommendation to the City Council that two public hearings should be scheduled to discuss a change in the PUD plan and the replat of a portion of Dakota County Estates 4th Addition. In addition, the Commission recommends approval of Dakota County Estates 5th Addition subject to a favorable response from the City Engineer. 7. Discussion Administration Request for Clarification Lee Hawkins 105 Oak. In 1986, when the Planning Commission spent several sessions discussing com- plaints against Lee Hawkins, it made the determination that an approved screening plan would be necessary if commercial vehicles were to be parked on the site. The continued discussion was made necessary because Mr. Hawkins had appealed the City Administrator's decision that a business was taking place on site. The final action by the Commission was to deny the appeal, but to require Mr. Hawkins to develop and implement a screening plan approved by staff if commercial vehicles were to be parked in his rear yard. The action also said that no servicing or maintenance of these commercial vehicles could take place. a A new complaint indicates that rather than a trailer, Mr. Hawkins recently had a portable food stand which he serviced from his garage. Answers to the administrator's questions appear to be evident based upon the record. a. A conditional use was never involved. The Commission decided an appeal and in so doing, said that vehicles could be parked if not serviced. The portable food stand does not need to be parked. This question more appropriately should be focused on servicing i.e. storing materials to be sold in the food stand. It appears to open questions about what anyone may do in an enclosed accessory structure or residential property. There is no outside evidence of a business and nothing is sold from the property. Therefore, there appears to be no business. b. The Commission intended the screening for commerical vehicles stored out- side of the existing garage. The commercial vehicles were either sold or stored elsewhere. Therefore, there is no need for screening. Recommendation If there is general agreement with this analysis, direct staff to forward a letter to Mr. Kuchera with a copy to Mr. Hawkins indicating that the staff has thoroughly researched the complaint, but failed to find any violation of current City codes. 8. Discussion Amendment to Hardee's Conditional Use Permit During the first, of what is likely to become a routine annual inspection of signs in Farmington, staff discovered that in addition to an enclosed dumpster shelter, Hardee's Restaurant also includes an accessory storage building. Staff contact with Mr. Dimond suggests that the builder, using stock plans and without any access to the approved site plan, completed construction of the accessory storage building without the knowledge of either the owner or his representative. This reaction sounded genuine and can be considered reasonable since the fast food industry buildings all appear to be constructed as variations of a theme. Mr. Dimond reiterated a discussion with staff which suggested that the storage building would not be approved. He said further, that based on this discussion, he convinced the owner that the storage building would not be necessary. The reason that accessory storage buildings were not permitted within Farmington business districts was to prevent wholesale use of "tin buildings" in areas other than residential. The Commission has been firm in enforcing this re- quirement, particularly at the Dairy Queen on Highway 3. Grounds for a variance do not include an "honest mistake but possibly one could consider a variance based upon the use of identical materials and a future change in the ordinance to make it possible for similar structures to be created in the future if handled through the conditional use process. This suggestion is made since there is nothing unique about this restaurant that would justify a variance. The Commission should take time for a site inspection prior to the meeting in order to respond to this building and others that may occur in the future. n 3i Charles Tooker Planner