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HomeMy WebLinkAbout10.24.89 Planning PacketEagle Trucking AGENDA PLANNING COMMISSION REGULAR OCTOBER 24, 1989 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES SEPTEMBER 12TH AND 26TH. 3. DISCUSSION Variance Request from Laura Trechsel 408 5th Street to Erect Carport 2 Feet from Rear Property Line 4. PUBLIC HEARING 7:10 P.M. Conditional Use Request from Sanford Hospital, Inc. 913 Main Street to Add an Enclosed Ambulance Entrance in the R -1 Residential District. 5. PUBLIC HEARING 7:20 P.M. Conditional Use Request from Gary and Sherrill Backes to Sell Farm Produce at 302 4th Street in the B -2 General Business District 6. PUBLIC HEARING 7:30 P.M. Variance Request from Mark J. Weber 20375 Eaves Way to Add a Garage and Front Entry 2 Feet Closer to the Street than Current Setback Requirements. 7. DISCUSSION Potential Expansion of Halstead *Conditional Use on Pilot Knob Road 8. DISCUSSION Existing Efficiency Apartment in Addition to a Recognized Duplex at 520 3rd Street. 9. DISCUSSION Willys Minneapolis 301 Pine Street Conditional Use Implementation. 10. DISCUSSION Dakota County Plat Commission Decision Against Variance for 2 Access Roads into Section 13. AGENDA REPORT PLANNING COMMISSION REGULAR OCTOBER 24, 1989 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES SEPTEMBER 12TH AND 26TH 3. DISCUSSION VARIANCE REQUEST FROM LAURA TRECHSEL This request to build a carport within 4 feet of the rear property line is immediately adjacent to a similar variance request for a garage (which was denied) which the applicant was attempting to negotiate to 4 feet from the original 2 feet discussed both on August 8th and September 12th of this year. The plan submitted by the applicant does not indicate the distance between the alley and the house, but it is unlikely that it would be 30 feet since the lot is only 70 feet wide. However, the Commission has never interpreted the setbacks from alleys. The 30 feet would be required if the alley were considered to be a street. On the other hand, if the alley were considered to be suitable for only rear and side yard restrictions, a car- port of 10 feet would need only 16 feet. This interpretation would be reasonable since alleys normally require a rear yard setback of 6 feet. If the applicant would consider a carport on the alley side of the house, and enough space were available, a variance would not be required. Recommendation Advise the applicant that a formal request for a variance likely would be denied since it would be possible to erect an 8 foot wide structure to protect the car, and it may be possible to place the carport on the alley side of the house depending upon a favorable decision by the Planning Commission. 4. PUBLIC HEARING 7:10 P.M. CONDITIONAL USE REQUEST FROM SANFORD HOSPITAL The hospital is not a non conforming use, it merely requires a conditional use application for installation and or expansion. This particular application points out a discrepancy in the Zoning Ordinance landscaping requirements. The ordinance calls for a landscaped front yard in residential districts and specific open space requirements for apartment construction. It also specifies the landscaping requirements in business and industrial districts. It does not however, specify the landscaping requirements for conditional uses in residential districts. The Commission could specify approval of the expanded conditional use subject to completion of a an approved landscape plan and installation within eight months. The architectural plans are quite detailed, but the site is not addressed. Robert Johnson from the hospital administration has indicated that nothing will be done to the exterior of the building except to add the ambulance entrance. The driveway access that is in place will remain the same until other buildings are added. Staff believes that the applicant should be advised that any change to the site will also be subject to approval by the Commission. Recommendation Approve the conditional use application to add an ambulance entrance to the existing structure subject to an approved planting plan for the disturbed area and installation by June 24, 1990. 5. PUBLIC HEARING CONDITIONAL USE REQUEST BY GARY AND SHERRILL BACKES The dwelling at 302 4th Street is a non conforming use in the B -2 General Business District. Therefore, a home occupation conditional use may be granted by the Planning Commission with one minor exception. It is item (F) which specifies that the activity should not deal with the general retail public. A vegetable stand is nothing if it does not deal with the general retail public. Staff is of the opinion that this particular part of the home occupation code has never been enforced and likely should be changed when other portions of the ordinance are amended. Several people have suggested that because of the non conforming use, a transient merchant license should be issued annually. However, the home occupation appears to give better control. Off street parking is not required since the ordinance excludes the B -2 General Business District from off street parking requirements. Recommendation Approve a home occupation conditional use for the sale of vegetables and fruit during the six month growing season from May to October. 6. PUBLIC HEARING VARIANCE REQUEST FROM MARK J. WEBER The site plan does not specify if the house is 32 feet from the right of way or from the paved surface. However, staff assumes that the site plan includes only the lot area since the lot dimensions duplicate those given on the half section map. This being the case, the request for variance to Section 10- 4 -1(G) of the City Code which states that the Board of Adjustment may permit front yard setbacks to be reduced up to 5 feet as long as the setbacks are never less than 20 feet from the right of way line. This addition will be 27 feet from the front property line. Recommendation After verifying that the setback for the addition will be 27 feet from the right of way line, approve the variance on the basis that it will improve the overall appearance of this subdivision. 7. POTENTIAL EXPANSION OF EAGLE TRUCKING /HALSTEAD CONDITIONAL USE The owners of Eagle Trucking have asked the Planning Commission to reconsider their request to expand the conditional use granted to Halsteads on Pilot Knob Road. The attached minutes indicate the thoughts of the Chairman regarding expansion of non conforming uses. The owners of Eagle Trucking indicate that a satisfactory office space cannot be created within the existing structure. They would like to be given permission and the time to convert an out building on site for their office. The attached minutes show also that it has been more than three months since the original request was denied. Eagle Trucking has made no move to alter its operation or do anything until my letter of October 3, 1989. Recommendation The trucking company was aware of the available space in this building when it was rented. The City is under no obligation to make this use fit the site. The Commission should reaffirm its position on July 11, 1989 and either accept or alter the time frame outlined by staff for removal of the office structure. 8. EXISTING EFFICIENCY APARTMENT IN ADDITION TO RECOGNIZED DUPLEX AT 520 3RD STREET The attached letter indicates the reason for this discussion. The owner did not wish to schedule a hearing until meeting with the Planning Commission. The structure is very old and the lot is small. The property is zoned R -3 High Density but because of the lot size, would only justify 1.4 units. The City already recognizes two units, but the Commission would need to approve the third unit through the variance process and the owner would then pay for City services on the basis of the number of units that exist. Otherwise, the extra room would need to be added to one of the two recognized units and no further action would be required. Recommendation Encourage the owner to discontinue the use of this efficiency apartment. 9. WILLYS MINNEAPOLIS 301 PINE STREET CONDITIONAL USE IMPLEMENTATION The City has deposited the letter of credit supplied by Willys Minneapolis based upon Planning Commission action on September 26, 1989. Since that time, Mr. Larson has completed the paving as outlined on the Conditional Use document with the exception that excess paving along the east border of the property must be removed to accommodate the planting of 22 Buckthorn shrubs. Mr. Larson, because of the nature of the fill north of the addition, would like permission to change the fence from vertical wood boards to chain link with white aluminum infill to form the enclosure. In addition, the large tree on the south property line should be moved northward by 3 feet to avoid a potential future conflict with a major gas line which supplies all of Farmington. This line is on the south property line and the gas company believes that a tree closer than 10 feet could become a problem. The other plantings can remain as planned and will be in place before the next regular meeting of the Planning Commission. Mr. Larson is requesting that the City Engineer should be asked not to proceed drafting specifications until after November 14th in order for all of the work to be completed before the letter of credit is called upon. Recommendation There appears to be reason to grant a three week extension of time since the City staff is not likely to proceed on the completion of the work in the immediate future even if the time were not extended. It is my understanding that the earlier request by the City Engineer to uncover the 3rd Street curb has been accomplished. 10. DAKOTA COUNTY PLAT COMMISSION DECISION AGAINST A VARIANCE FOR TWO ACCESS ROADS INTO SECTION 13 The formal action of the Plat Commission has not been returned to the City and staff has not yet met with the developer, Mr. Benedict, to review their action. It is assumed that both will have been accomplished at the time of the meeting to afford a full discussion of the next step.