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Home My WebLink About09/09/14 City of Farmington A Proud Past-A Promising Future 430 Third Street Committed to Providing High Quality, Farmington,MN 55024 Timely and Responsive Service to All Of Our Customers AGENDA PLANNING COMMISSION September 9,2014 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) August 13,2014 Regular Meeting 3. PUBLIC HEARINGS a) Variance application to allow the expansion of a legal nonconforming use within the IP Zoning District Applicant: Todd&Karen Hochsprung 5827 210th Street Farmington,MN 55024 4. DISCUSSION None 5. ADJOURN itiktv4t,s City of Farmington w ' 430 Third Street Farmington,Minnesota 651.280.6800•Fax 651.280.6899 'VW 4gT•ADRO 0 www,ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Variance application to allow the expansion of a legal nonconforming use within the IP Zoning District DATE: September 9,2014 INTRODUCTION The applicants,Todd and Karen Hochsprung, are seeking variance approval to expand a nonconforming use for purposes of adding an addition to the existing home and constructing a detached accessory structure. The subject property is 5827 210th Street. Section 10-4-2 of the City Code states "Any legal nonconformity, including the lawful use or occupation of Iand or premises existing at the time of adoption of an additional control under this chapter,may be continued, including through repair, replacement, restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title. Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved". Planning Division Review Applicant: Todd&Karen Hochsprung 5827 210th Street Farmington,MN 55024 Attachments: 1.Variance Application—Ex. A 2.Zoning Map—Ex.B 3.203 0 Comprehensive Plan—2011 Amendment Map--Ex. C 4.Aerial Photography/Site Plan—Ex.D 5. Building Plans--Ex.E 6. Section 10-4-2:Nonconformities—Ex.F Property Location: 5827 210th Street Legal Description: The East One-half(E '/2) of the Southwest Quarter(SW 'A) of the Southeast Quarter(SE '/a)of Section 26,Township 114N, Range 20W,Dakota County,Minnesota. Parcel Size: 19.83 acres(863,589 square feet) Existing Zoning: IP(Industrial Park) 2030 Comprehensive Plan: Industrial Existing Land Use: Single-family residential Surrounding Land Uses: The property is surrounded by agricultural uses Year Home was Built: 1911 (According to Dakota County Parcel Records) DISCUSSION/ZONING HISTORY The applicants,Todd and Karen Hochsprung, are seeking variance approval in order to expand a legal nonconforming use for the purposes of adding an addition to the existing home and constructing a detached accessory structure on a residentially used property that is zoned for industrial uses. The proposed addition will consist of adding a front porch, foyer, and laundry room as well as an attached 3-stall garage. Additionally, the applicants are proposing the construction of a 2,400 square foot detached accessory building(shop). The proposed additions would be added to the north side of the existing home. The subject property is located at 5827 210"' Street and is currently zoned IP (Industrial Park). According to Dakota County Property Records, the home on the property was constructed in 1911 and has been utilized as a single-family residence ever since. The property was rezoned from A-1 (Agriculture)to IP(Industrial Park) in 2009 as part of the 2030 Comprehensive Plan update which was approved by the Metropolitan Council on February 17, 2009. This property was one of several properties rezoned in 2009 to the IP designation, however,the only one with a residential use. Lot coverage is not a concern with this application. The lot coverage calculation is broken down as follows: • Existing house foundation(per Dakota County Records): 979 square feet • House Addition(i.e.,porch,foyer,laundry room, and covered rear patio): 930 square feet • Attached 3-stall garage: 1,156 square feet o Total Principal Structure: 3,065 square feet • Detached Garage/Shop: 2,400 square feet o Total Square Footage of Principal Structure and Accessory Structure: 5,465 square feet • Parcel Area: 19.83 acres (863,589 square feet) • % Lot Coverage After Additions: 0.63% It should be noted that the IP Zone allows for up to 35% of a parcel to be covered with structures. This is a similar percentage as allowed in the City's residential zoning districts. With what is being proposed with this application the lot coverage falls well below this requirement. Setbacks are not a concern with this application. The setbacks within the IP zone are as follows: • Front Yard: 50 feet • Side Yard: 25 feet • Rear Yard: 25 feet The proposed additions are setback in excess of what is required. The Planning Commission shall not approve any variance unless they find that"practical difficulties" as defined in City Code exist using the following criteria: 1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the specific parcel of land involved,strict adherence to the regulations of this title would cause practical difficulties. The home was constructed in 1911 as a residential use. The zoning of the property was changed in 2009 as part of the 2030 Comprehensive Planning process making the existing use of the property(residential) a nonconforming use. The rezoning was initiated by the City and has created a practical difficulty for this property owner in that any expansion on this property requires variance approval by the Planning Commission. There is adequate room on this property (19.83 acres) to accommodate the expansions as proposed It should be noted that the existing home does not have a garage, nor does the property have an accessory building. 2. That the variance would be consistent with the comprehensive plan. (see answer to#1 above) 3. That the variance would be in harmony with the general purpose and intent of this title. It is staff's belief that the approval of the variance is in harmony with the general purpose and intent of this title. 4. The conditions upon which the variance is based are unique to the parcel of land for which the variance is sought and are not applicable,generally,to other properties within the same zoning classification. The subject parcel is adequate in size to accommodate the proposed additions; however, the zoning has made the use of the property as a residence nonconforming. The City initiated the rezoning of this property to IP in 2009 to bring the property into compliance with the 2030 Comprehensive Plan. This is generally not an applicable situation within the same zoning classification. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having any interest in the parcel of land. The City initiated and completed the rezoning of the subject property in 2009 thereby making the use of the property as a residence a legal nonconforming use. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the variance will not alter the essential character of the locality or be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values. The uses of the adjacent properties are agricultural. 7. The proposed variance will not substantially increase congestion of the public streets, or increase the danger of fire,or be detrimental to the public welfare or public safety. The variance will not substantially increase congestion on the public streets or increase the danger of fire, or be detrimental to the public welfare or public safety. 8. The requested variance is the minimum action required to eliminate the practical difficulties. The action requested is the minimum required to eliminate the practical difficulties. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one-family dwelling as a two-family dwelling may be authorized by variance. Legal nonconformities can be expanded with variance approval by the City's Planning Commission. ACTION REQUESTED Approve the variance request to expand the legal nonconforming use located at 5827 210th Street as previously mentioned in this memorandum, contingent upon the following: 1. Submission and approval of building permits. Respectfully submitted, Il Tony Wippler, Planning Manager Cc: Todd and Karen Hochsprung City of Farmington. rA1 G 14 • 430 Third Street Farmington,Minnesota 1 II 651180.6800•Fax 651.280.6899 unaw.ci.farmingtommaus VARIANCE APPLICATION c- o- c,a,13 F ce/r 41-- Applicant: I 00,4/ 3• h Telephone:(01 •41(204,30 Fax: ( ) Address: 1 I41` • I{(' f N 55024 Street r �� City State r Zip Code Owner:1-0 W Wn t ;Y,X�hS f Telephoned "3 toFax: ( ) Address: 58 2:7 20 41' WO AM MN 5J`5C2J- Street City State Zip Code Premises Involved: . 6e. st rr•AI-c•1-rtt Address/Legal Description(lot,block,plat name,section,township,range) Current Zoning District IP imif577214'-efigKCurrent Land Use f 5 Specific Nature of Request/Claimed Practical Difficulties: e-Z. r'.L ik O(\ . La t 'z L c\NNetx*Kurr3 SUBMITTAL REOUIREMENTS ❑Proof of Ownership ❑Copies of Site Plan ❑Application Fee($200) ❑Abstract/Residential Lis a.;oini a.property owners only) ❑Boundary/Lot Survey ❑Torrens Own•is Dupl � Cert• icate of Title Re` •red), t __ 14.lit olio i ` ` -- ' �! o � ) Signs ore of Proper Owner )ate ignature of Ap, "cant Date Request Submitted to the Planning Commission on gf/y��y FIT off ce use only Public Hearing Set for: 1/9//x/ Advertised in Local Newspaper: ag//q Planning Commission Action: Approved Denied Fee Paid X eP City of Farmington $46—Dakota County Recorder Comments: Conditions Set: Planning division: Date: 9/06 DRAFTED BY: city of Farmington 430 Third Street Farmington,MN 55024 EX. a Hochsprung Variance 2014--5827 210th Street Property Legal Description The East One-half(B 1/2)of the Southwest Quarter(SW'A)of the Southeast Quarter(SE'A)of Section 26, Township 114N,Range 20W,Dakota County,Minnesota. • X, City ofFa,mington Map 12.1 Farmington Zoning Map n' - -sib .'*' -> ' . „_.,,,,„..—Pr 1 .%f �. ya - x r:tr 4 'ya1 4. rN- 11 .y � y l , a a.0 4j x �+ f• 7 is r r �>rt -.� f .-� ,tut rigs 'V a„,.$4-. tar ,1 4 ; a,,,i, „..B..; t.,)„,.. (z 7 ' M 116 r �4. . 'r: i r t t_ �f � t� g 1 7p } lit 1. R - - 4 ,5 {k^— - t r I/II C i r � r�:u.i.,. 4.,,,, -'.024. 1 ,,',...*11\ d ":'.-.... •titt-ti, r,,,P.liiik -k.,...,... . / � ' Fr�� " j4r1 • loof4 ;st . - : _.41'17 (.' "7-!-', 1';...... ,...;‘, -.- ,, -rrl I:-.— ' , ''' -. '.-J,1'1-#.7:1t7A6 :,1:1-411.' ":1'.2.," : acorof ,;*--.9.46:',11;iptii,041 lr wr d jjo,160,0; r t *1 ...eiktr PWA ,_ . lir . j �� ate,�.. tl r tdt'�,I i k,ma - - . 1 1l . ° °= _a� a Y: ''': -0./1°)02.f; J uri v tp'.: ,gg t �^ I 1 I I I I I I f �, �asL fit'-- 0 025 0.5 1 Miles P: " Nils. _'err- a � (.i t'' Legend Zoning P/OS(Park/Open Space) A-1 (Agriculture) I, I R-1(Low Density Residential-1.0-3,5 du/ac} in B-1 (Highway Business) R-2(Low/Medium Density Residential-3.5-6.0 du/ac) _B-2(Downtown Business) R-3(Medium Density Residential-6.0-12.0 dufac) -B-3(Heavy Business) R-5(High Density Residential-12.0+du/ac) N NM B-4(Neighborhood Business) R-D(Downtown Residential) -Business/Commercial Flex R-T(Downtown Transitional Mixed Use) W � I 1(Industrial) �i ROW(Right-of-Way) -IP(Industrial Park) / SSC(Spruce Street Commercial) S Mixed-Use Water ®Mixed-Use Commercial/Residential Other Map dated March 5,2013. Vermillion River Floodplain Downtown Commercial District Prepared for the City of Farmington / Community Development Department ' ' Historic Properties [ i Empire OAA by the Dakota County Office of GIS. C'c• c 2030 Comprehensive Plan Map 4.5 (2011 Amendment) i R • micstulL . 'tp. � . #+s-�,� .;gyp -*I, ,:� a 1• ,' R 1 n ;l - a R _ ?a aka {rP 1.i_ri.,,,,t,, .,,..„..;:,:,„.,r,..,_i x104444\4, , its r" 't. [ t r I \NV\\k,,!.: µ,_ R si.i h • n �, t* a . ,y t _: ‘1:14Plithillfrkr ��tt�ia�f t a��a1 �: ;,._ _ � k i.l .,per. 14 .; „ P_. I�I��, jt f 1� , ,. l�,,s fr fir', 1 / I ........... g.�,y,�,, t CAS '* 8 vf Art . a :. \ t q at,‘,.•:. . I ,,,.. _,,,,, „,. . , _ Kt im1/4....ici... ..,..., , .,,, c,,,,,.„ 4.,i,i , . ,,.._.,. .. ., , , • kl, t.„*\...,1 'ibilt&N if.......:-..:,-,,.........: :.� �` I 1y,1A 11''''.. , 1:4:_:,,,,,I..,";:::::,...../..,,,.crit) r._ , , ...4, „„, -.,., , ,,! .W, \ . , .,„ 1,,.7,..........,,7::,„., ..,..:,,i-ti:,....:.:.{ =......i.,:,„1 t • J -1-T- ' .. y \ • 1 S \ ‘s, . . ,. 1:4\*, , , )i,, ..,.,-..:.:„., ,—.,,,,,,,,,,,v.,--;ii 1 .- ..,. _.____--:- :: a� tat, _ ��sAtj ,>.' � t - rrd r - 1 .! s . t '�{ ♦ �R ,, _, at• t , mi 1 .�.r ; ;-J-. , tlnc s( . t� ri _ 1 4 L� . I _...._._.a._.: —___ i Y 9 I (111 Yi� ' �R t a ■ P (� �R '.,.' - a�,. ' w. ra d t gg R N.', �� r�t'p. 115 V'ar1' , . �]r,°a Sir ' �= i r I r I I` ..71502--• <�Y VA 'p t ' 1—I ii L , ;., ; i - di �Ip1 lUli,.*7 tt� 6v1IkrR Legend � % �''�! MUSA Line Iii % ',� Fr 'En Ag Preserves /� 1 �1 Agricultural 11. Commercials �_' Downtown - Industrial I I I ' - mixed-use(CommerciaUResidential) —0 2,000 4,000 Feet �� - r -x- Low Density(1.0-3.5 dulac) I IS11 3 Low Medium(3.5-6.0 dulac) :.r,# Jul II .d t( f- [ 1 Medium Density(6.0-12.0 dulac) ��i)!I� I__ . if { II '' High Density(12.0+du/ac) :�• 111 i U1 A IN 1 Public,Semi-Public 1l�' P Space ct mg Park10 en N l ii i [ �E■�il■[[E -Restricted Development "'"..a...--�5,`• - - _ (I,®...1 ROW{Right-of-Way} _ Map current as of �'�� Empire OAA March 5,2013. ` `°" g i1 i1� r1 � inn -.. `AJ/l. Castle Rock OAA Prepared for the Farmington Community Development Department by the Dakota County Office of GIS. Dakota County, MN g • , ' ...4:44;i"-V;f4,, V , -. ,:ii7,,,k,.."- ..t..-7.44,i, ' R! s., is .. m '4' 1.1.''' „,,4�++ 5 "AF” "tt °, f ''.,gyp .2- ," y� +s,. s 4 ,.+�' - fi <,�'� � � � �°+sue.... i„,„ '''f 1 ,; 0. , • s fir" � ...K `,- , { ¢te m, ra t• �A Y 'oaf�'ffi^ X• $ >Sy g ... � <e. Via' �'- Disclaimer:Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. 1 inch = 4p feet Dakota County assumes no legal responsibility for the information contained in this data. g/5/2014 EX. 6i" . q * 4t L 4, 0, at f _., ____ .410 ..„ , ,,,,,„ .. .......,„ .,... , . 4 i ..,. .4.7, ..w.i , III g :____ : . t Pill �Tag • UM i k 0 a % r ✓ . Mw. 1# " Y 'i r t arc s 5. • .,L ai A' ` ,..12.N.♦ . ., tiF. ., . r 'L , .....,-,4.):4 , '441."'vii era-�k„.`• `` , f `ti i i w ° , 44,q . .,... ___ _. ,, . .. ........ „„ IX,e-P ii 11 II al al if U II if ....... t It 14 41117•fr ... 11111,0.PoNIN 1111 t:: I ir , .. . . .. „„„-- , i , ...„ , , i .. F • , , ....., I t rE !loll! • . 1 4 , ,. • •,,„, ,._.„ c-j , 1 1r mhirAii, , k RI 1 .1,. 1 _..... MEM INIMIIII II I E1 1 . 0 in ... _— ---.-,.. . ______ 11) I., 4 1.- .--------, -- •,-._-_,r7---,-..-_-.., 1 (iii 1 1 1 0 ti , !I , - 1 , . . , . . . - ... .. • ii ■", 1111 11° —..... i '....." f. ---. ,r L— '- i .1 -"---- — ' r■-:-- .--.',.. dig Ex.(3 T 1 t L$ to r 1111111 1111111 4 4 t dimairmil 1 ----,,.... -. J ex. FLf :41H- ' ,f ' t.4.14''' ' I 34 g Yy 19 0. * ¢« f J d # ,, 4 max: , i Iv C = L.4..-1 L..JLl Sterling Codifiers,Inc. Page 1 of 2 10-4-2: NONCONFORMITIES: (A) Purpose: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this chapter that nonconforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity. (B) General Provisions: 1. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings, structures, lots or uses becoming nonconforming. 2. Floodplains: Non conformities in floodplains and shore land areas shall comply with requirements listed in chapters 5 and 6 of this title, respectively. 3. Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time,of adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title, unless: (a) Any nonconforming structure or use damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, and no building permit has been applied for within one hundred eighty (180) days of when the property was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. 4. Lawful Nonconformities: Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved in accordance with section 10-3-6 of this title. 5. Setbacks: The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconforming setback shall be either the existing setback or the setback as otherwise specified in this chapter, whichever is less. httn://sterlincodifiers.com/codebook/nrintnow.nhn 9/5/2014 Sterling Codifiers,Inc. Page 2 of 2 6. Change From Conforming To Nonconforming: When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. 7. Change To Reduce Nonconformity: A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Ord. 011-642, 12-19-2011) • http://sterlingcodifiers.com/codebook/printnow.php 9/5/2014