HomeMy WebLinkAbout01/14/14City of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) December 10, 2013 Regular Meeting
3. PUBLIC HEARINGS
None
4. DISCUSSION
a) Findings of Fact Lack of a motion for an Auto Sales and an Auto Repair, Minor use within the B -1 Zoning District
705 8 Street
b) Appeal to Board of Adjustment Property Maintenance Complaint 409 Spruce Street
c) 2014 Meeting Calendar
5. ADJOURN
AGENDA
PLANNING COMMISSION
January 14, 2014
7:00 P.M.
CITY COUNCIL CHAMBERS
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Planning Commission
TO:
FROM: Tony Wippler, Assistant City Planner
SUBJECT: Findings of Fact Lack of a motion for an Auto Sales and an Auto Repair, Minor use within the
B -1 Zoning District 705 8 Street
DATE: January 14, 2014
INTRODUCTION DISCUSSION
Attached, please find the Findings of Fact as prepared by staff for the Commission's lack of a motion on a
request to allow Auto Sales and Auto Repair, Minor uses at the property addressed as 705 8 Street. The
applicant was Randy Jacobson and the owner of the property is Triton Properties, LLC.
Staff wanted to mention to the Commission that an appeal was submitted by the property owner within the
required ten day timeframe. A public hearing has been scheduled for the January 21 City Council meeting.
ACTION REQUESTED
Review the attached document and either approve the Findings or request that they be revised.
Respectfully submitted,
Tony Wippler, Assistant City Planner
Cc: Triton Properties, LLC
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
IN
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
Randy Jacobson Triton Properties, LLC
Request for a Conditional Use Permit for Auto Sales and Auto
Repair, Minor at 705 8 Street, Farmington, MN 55024
FINDINGS OF FACT
On December 10, 2013 a request for a Conditional Use Permit to establish an Auto Sales and Auto Repair, Minor
business in the buildings located at 705 8th Street in Farmington was reviewed by the Planning Commission. The
Planning Division for the City of Farmington now makes the following Findings of Fact regarding the property addressed
as 705 8th Street, Farmington, MN 55024 and the application that was made.
FINDINGS OF FACT
1. The property located at 705 8 Street is zoned B -1 (Highway Business).
2. The B -1 Zoning District conditionally allows Auto Sales and Auto Repair, Minor uses.
3. Per the 2030 Comprehensive Plan 2011 Amendment, the subject property is guided for Commercial uses.
4. The property is adjacent to residential uses to the east and south. Commercial use is adjacent to the north, and TH
3 is adjacent to the property to the west with residential being the uses across TH 3.
5. Historically, the property has been used as part office, part convenience store with gas and car wash service. The
buildings on site have been vacant for approximately 4 years.
6. On November 20, 2013, an application was submitted for a Conditional Use Permit to allow an Auto Sales and
Auto Repair, Minor use to be established on the property addressed as 705 8th Street.
7. Section 10 -3 -5 of the City Code provides 6 criteria that must be satisfied for the Commission to grant a
Conditional Use Permit.
8. The Commission cited #3 of the aforementioned criteria, that the proposed uses are not harmonious to the
adjacent property uses.
9. Additional concern was expressed by the Commission regarding the amount of uses that could potentially occupy
the principal building in addition to the proposed auto sales and auto repair, minor uses.
10. The application request failed due to a lack of a motion by the Commission.
11. The applicant and property owner were told that they may request an appeal to the Zoning Board's decision
within 10 days of said decision. An appeal has been submitted by the property owner and a public hearing has
been scheduled for January 21, 2014 at the City Council.
Zoning Administrator:
Date: //l N/ I q
INTRODUCTION
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: Appeal to Board of Adjustment Property Maintenance Complaint 409 Spruce St.
DATE: January 14, 2014
An appeal to the Planning Commission (Exhibit A) has been filed regarding a notice and corrective order that was issued
to the property owner of 409 Spruce Street regarding a property maintenance violation.
DISCUSSION
As the Commission is aware, the City Council adopted an ordinance in October of 2013 creating a property maintenance
code for the exterior of residential buildings. The intent of the ordinance is to ensure that the exterior appearance of
residential structures are maintained in an acceptable manner and do not become a chronic nuisance, life safety issue or
substantially diminish property values within an area.
Shortly after the adoption of the ordinance, the City received a resident complaint regarding the house located at 409
Spruce Street (please note attached pictures Exhibit B). The property was inspected and determined to be in violation of
the property maintenance ordinance and a notice and corrective order was issued on November 6, 2013 to the property
owner (Exhibit C). The notice and corrective order required that all roof areas in violation be repaired and all missing
siding replaced by February 3, 2014. Additionally, all non painted siding was to be painted by June 2, 2014.
The property maintenance ordinance does provide for an appeal process that allows an aggrieved property owner to
request that the Board of Adjustment (Planning Commission) review the notice and corrective order and make a final
decision on the matter after an appeal has been denied by the Zoning Officer. As you will note on Exhibit C, I am a
signatory on the notice and corrective order therefore the appeal is being forwarded directly to the Commission for final
determination.
ACTION REQUESTED
Review the attached appeal and make a decision regarding said appeal and require staff to mail a copy of the motion to the
applicant.
Respectfully submitte
Tony Wippler, Assistant City Planner
Cc: Renee Auge, 409 Spruce Street
January 3, 2014
City of Farmington
430 Third Street
Farmington, MN 55024
Re: Notice of Corrective Order for 409 Spruce Street
Dear Mr. Wippler,
JAN 0 6
9 0 Ndr
I am writing this letter to file an appeal on the Notice of Corrective Order letter that I received
and am asking for an extension to complete the work. Although I intend to complete the work as
soon as possible, the winter weather conditions prohibit completion by the February date. In
fact, you acknowledged this issue when discussing inclusion of the ordinance's "reasonable time
frame" language in the Independent Town Pages last October. New Rules Target Neglected
Homes, (Oct. 24, 2013) "You can't fix a roof when you have snow on top of it. There's some
common sense that has to go along with this
As evidence of my intended compliance, I currently have a contract in place with Bormann
Brothers Contracting to do the roof as soon as possible. (Ex. A.) However, they have informed
me that they will not be able to complete the work until the weather improves.
In addition, my home is one of ten houses designated as a Farmington Heritage Landmark within
the city. I am undertaking to complete a full restoration of the house, not simply- a standard
remodel. A restoration requires significantly more time and effort. For example, each individual
piece of siding requires removal prior to stripping, priming and painting. Products like primer
and caulk, necessary for siding installation, require 40 -50 degree temperatures for an extended
period of time to work properly.
I am working on the home every day and continue to make a concerted effort to get the work
done as soon as possible, weather permitting. I have even taken a leave from my job to do so, in
order to ensure compliance with the new city requirements. This has proven to be a great
financial hardship. Regardless, my sole intent is, and has always been, to bring this home back
to its original stature within the Farmington community.
Respectfully submitted,
Renee Auge
Submitted to: ilit4.-
gu,:-
Date: .2=/3
Phone: /,2.- (2 20- 44a y
Job Name:
Street: `YOq 4"
\City: ,,1
State: j` J
PROPOSAL
BORMANN BROS. CONTRACTING
Roofing Gutters Snow Removal
952 891 -8586
17593 Foxboro Court, Farmington, MN 55024
Lic. #20170064 www.bormannbrothers.com
We hereby submit specifications and estimate for:
t.( w
A n ar Off Layers(s) down to wood o �ouse arage Shed). a e
/4eplace bad wood, if needed, at $35.00 /sheet or $100.00 /square.
.replace all valley witk osed stye valley)r --style=-valley.
/Replace all stack flanges, (excluding furnace pipe flange). 4/
/Paint furnace pipe to match vents (optional).
/Replace all vents with galvanized colored "bird-proof' vents.
Apply ice and water protection to cod up from ev s In all valleys
Apply ice and water protection around all stacks and under all flashing.
Apply mglema 1 to code over remaining roof.
/Apply a
ACCEPTED:
Date /a2 /a /3
Acceptance of Proposal
The above prices, specifications
will be made as outlined above.
Siunntnre
Remove and dispose of all rubbish from property.
Mang tarps to protect siding and landscaping. Run a magnet over entire yard.
Asphalt shingle to code.
8 a Sy 3 A II 31a.
,blouse measured is..r square 1/4,0 /square= G id/J4
Garage measured
square 3o?U /square 3 /...7o
Signature G ,,L_.
x h,*b,`t A
,(Lifetime architectural).
We hereby propose to furnish labor and p materials, complete in accordance with the above specifications for the sum
of 2 `f't�.y4fAe( Lp I S c J dollars YUO-
with payment to be made as follows: drr.
n4y
1 //coo
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner ac ording to standard
practices. Any alteration or deviation from specifications involving extra costs, be executed only upon written orders and will
become an extra charge over and above the estimate.
Authorized Signature
and conditions are hereby accepted. You are authorized to do the work as specified. Payment
q E°MF
Enclosure
November 6, 2013
Dear Ms. Auge:
Renee Auge
409 Spruce Street
Farmington, MN 55024
Sincerely,
‘PM �Gt�cJz�
Ken Lewis, Building Official
Cc: David McKnight, City Administrator
RE: Property Maintenance Complaint 409 Spruce Street
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www ci.farmington.mn.us
NOTICE AND CORRECTIVE ORDER
Tony Wippler, Assistant City Planner
Dakota County Tax and Property Records list you as the owner of the property addressed as 409 Spruce Street,
Farmington, MN 55024 and legally described as Lot 9, Block 21, Town of Farmington. A complaint has been filed with
the City regarding the exterior condition of your home located at 409 Spruce Street. City staff inspected the property on
November 5, 2013 and determined that the principal structure is in violation of City Code 4- 5 -5(D) in respect to the
exterior siding and roofing of the principal structure, more specifically, more than 25% of the walls are either missing
siding and/or paint and more than 25% of certain roof areas are missing permanent roof coverings (i.e., shingles). For
your reference, I have attached the ordinance establishing this code provision.
The exterior of the principal structure located at 409 Spruce Street must be brought into compliance by completing the
following:
EX
1. All roof slopes with missing and/or dilapidated shingles shall be installed with a permanent roof covering meeting
the requirements of Section R905 of the IRC 2006 Edition. This must be completed by February 3, 2014.
2. All areas missing exterior siding need to be replaced with a permanent siding material per Section R703 of the
IRC 2006 Edition. This must be completed by February 3, 2014.
3. All exterior siding not painted shall be painted by June 2, 2014.
Failure to comply with any portion of this Notice and Corrective Order will result in forwarding the complaint on to the
City Attorney to begin legal proceedings. I would like to thank you in advance for your cooperation in this matter. If you
have any questions concerning this Notice and Corrective Order, please give one of us a call at (651) 280 -6800.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 013-665
AN ORDINANCE AMENDING SECTIONS 4 -5 -5 AND 4 -5 -7 OF THE FARMINGTON
CITY CODE RELATED TO PROPERTY MAINTENANCE AND APPEALS,
RESPECTIVELY
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Sections 4 -5 -5 and 4 -5 -7 of the Farmington City Code are hereby amended by
adding the underlined language and removing the sti4ket r€nigh language below as follows:
4 -5 -5: RESIDENTIAL PERFORMANCE STANDARDS:
(A) Uniform Building Code: All residential units shall meet applicable requirements of the
CABO One and Two Family Dwelling Code, 1986 Edition, which has been adopted by
reference by the City.
(B) Dwelling Unit Restrictions:
1. No garage, tent, accessory building or motor home shall at any time he used as living
quarters, either temporarily or permanently.
2. Basements and cellars may be used as living quarters or rooms as a portion of the principal
residential dwelling. Energy conserving designs such as earth sheltered housing shall be
exempt from this provision.
3. Tents, playhouses or similar structures may be used for play or recreational purposes such
as children camping out overnight.
4. The minimum dimension of any part of the basic dwelling shall be twenty two feet (22').
This shall not be construed to prohibit smaller individual room additions or to restrict
architectural design flexibility or integrity.
5. All dwelling units shall be designed for placement on permanent foundations complying
with the uniform building code'.
(C) Accessory Buildings:
1. The maximum number of accessory buildings that shall be permitted on each residential
lot is as follows:
(a) One Acre Or Less: Two (2) accessory buildings.
(b) Greater Than One Acre But Less Than Two Acres: Three (3) accessory buildings.
1
(c) Greater Than Two Acres But Less Than Three Acres: Four (4) accessory buildings.
(d) Accessory Buildings: All accessory buildings shall comily with lot coverage and size
limitation requirements under the city zoning ordinance
2. The same or similar quality exterior building material shall be used in the accessory and
principal building. All accessory buildings shall also be compatible with the principal
building to the extent that the exterior appearance of the accessory building is not at
variance with the principal building from an aesthetic and architectural standpoint.
3. Accessory buildings exceeding one hundred twenty (120) square feet in floor area shall be
designed for placement on a permanent foundation complying with the uniform building
code.
4. The height of an accessory building shall be measured from the mean ground level to the
uppermost point of the roof. Except as expressly permitted by a conditional use permit,
accessory buildings shall be limited to twenty feet (20') in height. (Ord. 093 -319, 12 -6-
1993)
(D) Property Maintenance
Purpose: To ensure that the exterior appearance of residential structures are maintained in an
acceptable manner and do not become a chronic nuisance, life safety issue or substantially
diminish property values.
1.General Requirements
(a) Scope: The provisions of this section shall govern the minimum conditions and the
responsibilities of persons for the exterior maintenance of structures.
(b) Responsibility: The owner of the premises shall maintain the structures in a safe
condition that is in compliance with the requirements of this section.
2.Exterior Building Structure
(a) General: The exterior of a building structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the public health. safet
welfare.
2
or
(b) Structure. The foundation. exterior walls, exterior roof, and all appurtenances thereto
shall be kept in sound condition and repair. The foundation must adequately support the
building at all points. Exterior walls shall be maintained and kept free from decay.,
dilapidation by cracks, tears or breaks from deteriorated plaster. stucco, brick, wood,
vinyl, aluminum and steel siding. or other material that is extensive and shows evidence
of neglect. The protective surface on exterior walls of a buildi g above ground level
must be maintained and in good repair so as to provide a sufficient covering and
protection of the structural surface underneath against its deterioration. Without
limiting the generality of this subdivision, a protective surface of a building shall also
be deemed to be out of repair if:
The protective surface is paint which is blistered or peeled to an extent of more than
twenty -five percent (25 of the area of any place or wall or other area including
windows, trims, cornices, railings, and other such areas:
More than twenty -five percent (25 ofa wall that is protected by vinyl siding,
aluminum siding, steel siding or other comparable protective coverings that reveals any
part of the underlying structure.
More than twent -five ercent 25% of the ,ointin of an chimne or the ointin_ o
any brick or stone wall is loose or has fallen out: or
More than twenty -five percent (25 of the finish coat ofa stucco wall is worn
throu h. chi ,.ed awa broken or dama =ed. revealin the metal lathe or an .art of the
underlying structure.
More than twenty -five percent (25 of the exterior roof is missing shingles or other
protective coverings.
(c) Completion of Exterior Building Structure Projects: All exterior building structure
projects requiring a building permit (including. but not limited to. siding) must be
completed and pass inspection by the City's Buildin &Official within six (6) months of
building permit issuance.
3.Duties and Powers of the Building Official or designee.
(a) General. The Building Official or designee shall enforce the provisions of this section
(b) Right of Entry. The Building Official or designee is authorized to enter the premises or
structure at reasonable times to inspect subject to constitutional restrictions on
unreasonable search and seizures. If entry is refused or not obtained. the Building
Official or designee is authorized to pursue recourse as provided by law.
(c) Identification. The Building Official or designee shall carry proper identification when
inspecting structures in the performance of duties under this section.
(d) Notices and Orders. The Building Official or designee shall issue all necessary notices
or orders to ensure compliance with this section.
(e) Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this section, the Building Official or designee shall have the authority to
grant modifications for individual cases. The Building Official or designee shall first
find that strict compliance with this section imposes an undue hardship on the owner,
and that the modification does not lessen the health. aesthetic. life and fire safety
requirements. Modifications shall only relate to an extension of time to remedy the
violation: no modification from specific code requirements shall be granted.
3
4. Notice and Orders.
(a) Notice to Owner or to Person or Persons Responsible. Whenever the Building Official
or designee determines that there has been a violation of this section or has grounds to
believe that a violation has occurred, notice shall be given to the owner or the person or
persons res.onsible therefore in the manner •rescribed in subsections b and c of this
subsection.
(b) Form. Such notice prescribed in subsection (a) of this section shall:
1. Be in writing;
2. Include a description of the real estate sufficient for identification:
3. Include a statement of the violation or violations and why the notice is being issued;
and
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the structure into compliance with the provisions of
this section.
(c) Method of Service. Such notice shall be deemed to be properly served if a copy thereof
is.
1. Delivered personally: or
2. Sent by certified or first -class mail addressed to the owner at the last known
address: or
3. If the notice is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected by such
notice.
(d) Transfer of Ownership. It shall be unlawful for the owner of any structure who has
received a compliance order or upon whom a notice of violation has been served to sell.
transfer, mortgage, lease or otherwise dispose of to another unit until the provisions of
the compliance order or notice of violation have been complied with. or until such
owner shall first furnish the grantee, transferee. mortgagee or lessee a true copy of any
compliance order or notice of violation issued by the Building Official or designee and
shall furnish to the Building Official or designee a signed and notarized statement from
the grantee, transferee, mortgagee or lessee. acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance order or
notice of violation.
5. Violation.
4
(a) It shall be unlawful for a person, firm or corporation to be in conflict with or in
violation of any of the provisions of this section.
(b) Notice of Violation. The Building Official or designee shall serve a notice of violation
or order in accordance with Section 4 -5 -5 (D)4 of this section or as required by State
Statute.
(c) Prosecution of Violation. If the notice of violation is not complied with. the Building
Official or desi nee shall institute the a ro riate roceedin s at law or in e• uit to
restrain. correct or abate such violation of the provisions of the section or of the order
or direction made pursuant thereto.
(d) Violation Penalties. Any person who shall violate a provision of this section. or fail to
comply therewith. or with any of the requirements thereof is guilty of a misdemeanor.
Each day that a violation continues after due notice has been served shall be deemed a
separate offense.
(e) Abatement of Violation. The imposition of the penalties herein prescribed shall not
preclude the City Attorney from instituting appropriate action to restrain. correct or
abate a violation.
4 -5 -7: APPEALS:
Any person aggrieved by a decision of the building official regarding the use of certain materials
or regardi, questions of architectural design or property maintenance as outlined in this chapter
shall be entitled to appeal the building official's decision to the zoning officer and, if still
aggrieved, he may appeal to the board of adjustment as outlined in section 10 -3- T 4 of this code.
(Ord. 093 -319, 12 -6 -1993; amd. Ord. 002 -469, 2 -19 -2002)
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication
according to law.
ADOPTED this 21' day of October, 2013, by the City Council of the City of Farmington.
ATTEST:
CITY OF FARMINGTON
Todd Larson, Mayor
Bv:
5
David McKni
Administrator
SEAL
Approved as to form the day of ca. 201'
By
City Att ney
Summary published in the Farmington Independent the y' day of 6r2 cj 2013.
TO:
FROM:
SUBJECT:
DATE:
Planning Commission
Tony Wippler, Assistant City Planner
2014 Meeting Calendar
January 14, 2014
INTRODUCTION DISCUSSION
ACTION REQUESTED
None, this is provided for information only.
Respectfully submitted,
Tony Wippler, Assistant City Planner
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Attached, for the Commission's information is the 2014 calendar of meeting dates. Please note the change in
meeting dates for the months of August and November. The regular meeting in August will be Wednesday,
August 13 in order to accommodate the Primary Election. The regular meeting in November will be
Monday, November 10 due to Veteran's Day.
JANUARY 2014
S M T W T F 8
1 2 3 4
5 7 8> 9 10 11
12 13 '14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
FEBRUARY 2014
S M T W T F 8
1
2 4 5 6 7 8
9 •13 14 15
16 17 19 20 21 22
23 24 25 26 27 28
MARCH 2014
8 M T W T F 8
1
2 4 5 6 7 8
9 *4 13 14 15
16 18 19 20 21 22
23 24 25 26 27 28 29
3031
APRIL 2014
S M T W T F S
1 2 3 4 5
6 ♦O 10 11 12
13 1 15 16 17 18 19
20 22 23 24 25 26
2702930
MAY 2014
S M T W T F 8
1 2 3
4* 6 7 8 9 10
11 2.1 L► 15 16 17
18 20 21 22 23 24
25 26 [27 28 29 30 31
JUNE 2014
1 2 3 4 5 6 7
8 C9).. 12 13 14
1511718192021
22 [23 24 25 26 27 28
29 30
JULY 2014
S M T W T F 8
1 2 3 4 5
6 10 11 12
13 15 16 17 18 19
20 22 23 24 25 26
27 2[8] 29 30 31
AUGUST 2014
8 M T W T F 8
1 2
3 5 6 7 8 9
10 11 12 414 15 16
17.19 20 21 22 23
24 ®26 27 28 29 30
31
SEPTEMBER 2014
S M T W T F 8
3 4 5 6
7 11 12 13
14 16 17 18 19 20
21 23 24 25 26 27
28 29 30
OCTOBER 2014
S M T W T F S
1 2 3 4
5 4 7 9 10 11
12 \3.15 16 17 18
19 20 21 22 23 24 25
26 127 28 29 30 31
NOVEMBER 2014
S M T W T F 8
1
2 411 4 5 6 7 8
9 11
16 18 19 20 21 22
23 24 25 26 27 28 29
30
DECEMBER 2014
8 M T W T F 8
i tt 2 3 4 5 6
7 4•0 11 12 13
14 16 17 18 19 20
21 L22 23 24 25 26 27
28 29 30 31
www.ci.farmington.mn.us
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FAX 651 -636 -1311
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