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07/12/16
City ofFarnington A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA PLANNING COMMISSION July 12, 2016 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes (June 14, 2016) 3. PUBLIC HEARINGS (a) Variance Application-To Encroach into a Drainage and Utility Easement (b) Variance Application-For a Building Expansion on a Legal Nonconforming Lot 4. DISCUSSION (a) Temporary Health Care Dwelling Units 5. ADJOURN oEEi City of Farmington li 4 430 Third Street Farmington, Minnesota o :' 651.280.6800 -Fax 651.280.6899 '° .,,no,_ www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes (June 14, 2016) DATE: July 12, 2016 INTRODUCTION Attached, are the minutes from the June 14, 2016 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the June 14, 2016 regular meeting. ATTACHMENTS: Type Description © Backup Material June 14,2016 Regular PC Minutes Planning Commission Minutes Regular Meeting June 14,2016 1. Call to order Chair Rotty called the meeting to order at 7:00 pm Members Present: Rotty,Bjorge,Kuyper,Rich Members Absent: Franceschelli Also Present Tony Wippler,Planning Manager 2. Approval of Minutes a. Motion by Franceschelli second by Kuyper to approve the minutes of May 10,2016. Voting for: Rich,Rotty,Kuyper,Abstain:Bjorge. Motion Carried. 3. Public Hearing- Chair Rotty opened the public hearings a) Urban Chicken Permit Application—Dennis&Samantha Koosmann—4725—198x`St.W.- Planning Manager Wippler reviewed with the commission the request for an Urban Chicken permit. Motion by Kuyper second by Bjorge to close Public Hearing. APIF,Motion Carried. Motion by Rich second Bjorge to approve the permit with the following conditions: 1.A renewal permit shall be applied for and administratively approved every year after the Urban Chicken Permit has been approved that chickens are kept on the property. 2.The applicant shall work with staff to provide screening of the coop and run in a manner that is appropriate. 3.All other requirements specified in Section 10-6-29 of the city • code shall be abided by. APIF,Motion Carried. b) Review of Preliminary,Final PIats and Site Plan for This Little Piggy Catering— Planning Manager Wippler noted that staff is asking for a continuance due to some changes to the plans by the applicant. Motion by Kuyper,second by Rich to continue the public hearing to the June 23rd special meeting. APIF,Motion Carried. 4. Motion by Kuyper second by Rich to adjourn at 7:12pm. APIF,Motion Carried. Respectfully Submitted, SrAit Sue Miller Administrative Assistant o kRii,t, City of Farmington 14-1. 1110", 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,, " www ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Variance Application-To Encroach into a Drainage and Utility Easement DATE: July 12,2016 INTRODUCTION The applicant,Andre Mak, is seeking variance approval to encroach into a drainage and utility easement in order to construct a deck. The subject property is 19453 Elkridge Trail. Planning Division Review Site Address: 19453 Elkridge Trail,Farmington,MN 55024 Property Owner/Applicant: Andre Mak Attachments: • Variance application • Aerial of property • Survey of property • Letter of request by property owner • Site Plan/Deck information Legal Description: Lot Eight(8), Block Three(3),AUTUMN GLEN 3RD ADDITION Lot Area: 11,893 square feet Existing Land Use: Single-family residence Surrounding Land Uses: Single-family residences to the north, south and east. A city owned outlot(steep slope)is adjacent to the west. Existing Zoning: R-1 (Low Density Residential) DISCUSSION The applicant,Andre Mak,has submitted a variance application to encroach into a drainage and utility easement in order to construct a deck onto the rear of his home. The applicant is proposing to construct a 12' 6" x 23' deck onto the west side of his home in the rear yard. As shown on the attached survey,the property is encumbered with a 60 foot wide drainage and utility easement along its rear property line. The property was platted with this easement to allow drainage to come down from the steep slope to the west and flow through a swale in the center of the easement. Currently there is approximately 10' 6" from the rear wall of the home to the rear drainage and utility easement. With the proposed deck, approximately 2'would overhang into the easement. As proposed by the applicant the footings for the deck would be placed outside of the easement. Section 11-4-4(D)of the city code states that no structures, landscape material, or impervious surfaces,with the exception of turf grasses are allowed within a front, side or rear yard drainage and utility easement. The Planning Commission acting as the Board of Adjustment may not approve a variance request unless it is found that"practical difficulties" exist using the following criteria: 1. Because the particular physical surroundings, or the 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. Economic consideration alone does not constitute practical difficulties. It is unusual for a property to have such a large rear easement(609. A standard rear yard easement is 10'in width If the rear easement was a standard size easement the deck as proposed could be built without the necessity for a variance. The deck as proposed in the variance application meets all setback and lot coverage requirements for the R-1 zoning district 2. That the variance would be consistent with the comprehensive plan. The subject property is guided low density residential in the 2030 comprehensive plan. Adding a deck to this residential property is not inconsistent with the comprehensive plan. 3. That the variance would be in harmony with the general purposes and intent of this title. It is staff opinion that the variance as requested is in harmony with the general purpose and intent of this title. 4. The conditions upon which a 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. As previously mentioned, a 60'wide rear yard drainage and utility easement is not the standard size for rear easements in residential developments within the same zoning classification. Therefore, this is generally unique and not generally applicable to similar properties in the R-1 zone 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The difficulty was not created by the applicant The easement was dedicated as part of theAutumn Glen 3rd Addition plat in 2001. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the requested variance will not alter the essential character of the locality. The property is within a residential area and decks are a common occurence in such district . 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance request will not substantially increase the congestion of 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. This is the minimum action necessary to eliminate the practical difficulty. 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. The subject property is zoned R-1 and is currently being utilized as single-family residence. This will not change with the approval of the requested variance. The City Engineer has reviewed the request and does not believe the placement of the deck as proposed will impact the drainage within the easement. ACTION REQUESTED Staff recommends approval of the requested variance to encroach into the rear yard drainage and utility easement by 2' for the purpose of constructing a deck at the property addressed as 19453 Elkridge Trail, subject to the following contingency: 1. Submittal and approval of a building permit for the construction of the deck. ATTACHMENTS: Type Description • Backup Material Variance Application LI Backup Material Aerial of Property ® Backup Material Survey of Property D Backup Material Letter of Request by Proeprty Owner © Backup Material Site Plan/Deck Information City of Farmington JUN 0 9 2016 430 flint sty Remington,Minnesota Oi.2S0.4800-Fax 65L2 0.6899 Ana VARIANCE APPLICATION Applicant: N''Y e, $t't k Telephone:0iVI,3 114, ? Fax: ( Address: it'i 53 el grk1 I P_ l ass 1( �t'..3 t v�.�i E.i M i 550 Lt( Street q �yCity S State Zip Code Owner: ' 1- c IJ' Telephone:(6f) I( 3 776 7 Fax: U Address: d 9tf5? �'t Kc4g' (cam t o r �lv��`�vr !t1 6-50-2-y Street t City ��/ State I 3 3 Zip Code v-;& itc.� Premises Involved: I44c3 gtp V-G_rw+►� �► Lcrt 8 lc=. . $"t'u,", ( ktn 1( I&&"( Address/Legal Des6ription(lot,block,pintname,section,township,irange,*) Nko ., Ctu.:i4:kt Current Zoning District Current Land Use 2e5tti �trh-;s.X Specific Nature of Request/Claimed Practical Difficulties: ct.t.L8 9 Vta.,czt appt:ickAtiulie( SUBMITTAL REOUIRRYIENTS [RProof of Ownership 0 Copies of Site Plan Q Application Fee($200) 15%Abslract/Residential List(adjoining propert owners only) E Boundary of 0 Torrens(Owner's Duplicate r •<<to o •e Required) Signature Property Owner Date Signatu yi of Applicant Date Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied Fee Paid $200—City of Farmington $46—Dakota County Recorder ! Comments: Conditions Set: Planning division: Date: 9/06 DRAFTED BY: City ofFanni¢Ston 430 Tbitd Sheet Farmington,MN 55024 Dakota County, MN -gym _• *, _ !`+ • Yr - w 1 i 011am „ ' �► '.v.. • 4 - J w '�' . fl PP* # "*cre ,fir .... ' ." •" - ;-k. . o x r t - - was Fie ggi • 4, '. a•., ,fir • �y . ;` - r 111, ,i, ate. 1 ems' •. ,�. -. .` a� i . ` -``,11' : ." �1; 'a -i t.. ,111 - -,, , , i July 1,2016 1:600 0 25 50 100 ft I ' I I 0 5 10 20 m Aerial Photography Disclaimer,Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 4 4 •E AA • DLR EXCAVATING - QBE �+ _ PROJECT NO. 10673.00 GINEERING 9OOK 288 OMPANY, INC. PAGE 64 1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH 432-3000 N s CERTIFICATE OF SURVEY R. SWANSON CONST. Legal Description: LOT 8, BLOCK 3, AUTUMN GLEN 3RD ADDmON, DAKOTA COUNTY, MINNESOTA. 4 (922.00) DENOTES PROPOSED ELEVATION 4---- INDICATES DIRECTION OF SURFACE DRAINAGE MEAS. Is21 (921.67) = FINISHED GARAGE FLOOR ELEVATION CALL- ® (913.93) = BASE ENT FLOOR ELEVATION CALC. ® (922.00) = TOP OF FOUNDATION ELEVATION ® = DENOTES VERIFIED AS—BUILT ELEVATION SCALE : 1" = 30' AS-BUILT SURVEY NOTE: ALL LOT IRON MONUMENTS IN PLACE AS OF 7-9-02 ADDRESS: 19453 - ELKRIDGE TRAIL LOT AREA: 11,893 SQ.FT. HOUSE AREA: 1,780 SQ.FT. m BENCHMARK: TNN L17-B2 0 x ELEV. = 921.89 C-i m z - n ®x L_,. S o - m • / S8936'31"W ®x x® ',� 140.00 �/ c � .CEJ!! w _cum / f 60 7 921.2 20.33 is, .a.__: 10 m cn 73 �7 2-PN125.33 Q p w1 O x® 11 21.67 Dn o 71 r_D7` o— i/ Mil 111m �N° I � -- So . 1 = L 1157 . �" Ivw r / P§ 0 )=-1 -' I r _1 c4 ff 0 Z p, --1 % :'-. 00 f 1 m m 7/j 10 L' CA Ci > �'_ . 4. 30.33 a ,. o . r—— `� CO •/6, OSA \\ 00 o AVIV,n'ail 141.32, -5O. S83'20 231'W DRAINAGE AND UTILITY EASEMENTS ' (ThT �'' -' UNDER CONSTRUT1ON hereby certify that this is a true and correct representation of a tract as shown and described iereon. As prepared by me this tbti'!, day of MY , 2002. . £ tel--Minn. Reg. No. 190S' i a, June 8,2016 Mr.Tony Wippler Planning Manager Farmington City Hall 430 Third Street Farmington,MN 55024 RE:Variance Application Dear Mr.Wippler: This proposal letter is to request and substantiate the grant of a variance for a residence at 19453 Elkridge Trail in Farmington. The petitioner believes that enforcement of city code 11-4-4"Easements" imposes undue hardship in the ability to use the property for which it was purchased,namely for relaxation and enjoyment. The petitioner requests a Variance allowing the placement of a deck at the rear of the existing dwelling in proximity to a drainage and utility easement located in the rear of the property. The following is presented to explain and offer supporting evidence for this variance request. Restriction of Use Due to the particular physical surroundings,or the shape,configuration,topography,or other conditions of the specific parcel of land involved,strict adherence to the regulations of this Title would cause undue hardship. City code 11-4-4"Easements",sup-part D"Drainage And Utility Easements"states that no structures,landscape material,or impervious surfaces,with the exception of turf grasses,are allowed within a front,side or rear yard drainage and utility easement. As stated,the code results in the unreasonable restriction on the use of the property by limiting the area in which a deck can be built and the size of the deck. Unique Circumstance The conditions upon which this request for a variance is based are unique to the parcel of land for which the variance is sought. The property at 19453 Elkridge Trail in Farmington has a 60 foot drainage and utility easement located at the rear of the property,which makes up 40%of the property. The overall length of the property(north boundary)is 140 feet. The house is set back 25.33 feet,and the width of the house is 44 feet. This combines to a total 69.33 feet. Taking into account the 60 foot draining and utility easement,there is a 10.67 foot wide area at the rear of the house for the placement of a deck. Character of Locality Not Altered The proposed deck will not affect the characteristics of the property with respect to the drainage or access for utilities. The proposed placement of the deck would not be in the area dedicated to the easement. The proposed deck will be cantilevered over the easement in such a way as to not affect either the effectiveness or the ideal of the easement. Neither the drainage nor any future utility plans will be affected by the temporary nature of the cantilevered deck. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. • Support of Favorable Findings As stated in city code 10.3.6,and restated in the Variance Permit Process document,the Board of Adjustment may vary the regulations of this Title if all of the following requirements are met: 1. Because the particular physical surroundings,or the shape,configuration,topography,or other conditions of the specific parcel of land involved,strict adherence to the regulations of this Title would cause undue hardship.Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Title. 2. The conditions upon which a 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. 3. The alleged difficulty or hardship is caused by this Title and has nbt been created by any persons presently having an interest in the parcel of land. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. 5. The proposed variance will no substantially increase the congestion of the public streets,or increase the danger of fire,or be detrimental to the public welfare or public safety. 6. The requested variance is the minimum action required to eliminate the hardship. With this letter,we are enclosing the signed Variance Application and applicable fees. A Certificate of Survey of the stated property,along with a diagram illustrating the placement of the proposed deck with respect to the location of the easement,in support of the requested variance are attached hereto. In addition,as required by the Variance Application,attached is the property tax statement to show Proof of Ownership,2 copies of the site plan,and a listing of residences adjacent to the property for which a variance is being requested. We thank you for your consideration of this variance request and look forward to the approval by the Planning Committee. Respectf I ly submitted, 1/` . # 1kgiv„-L.r(to.K An. e M•k Michelle Mak Petitioner/Home Owner co Home Owner 19453 Elkridge Trail Farmington,MN 55024 651-463-7769 . . . . A i iffifm.,....., ' 11111111111111111111111111111111151111/1-A stramm,0 00 gicll 1 CU o CD 0 ^=\ -‘ CTI t ?IQ W O 0.) 0'Q o C. W 0.)C CL ,-+ O ✓� CD /mow\ -. DVI = 3 CD CD 9 .f y `e SITE PLAN - PROPOSED DECK Andre & Michelle Mak 19453 Elkridge Trail Farmington, MN 55024 651-463-7769 ELKRIDGE TRAIL °o. R-_— I 4=061' 1 0S S00'23'29"E R=80 . 00 68.46 a . 7y, i oj... .. 0Z \ 5 51 / I ___:7n021.45t_c) /N\ • 2.00 0 20 ?0 r` 1, \ . co do GARAGE x N 25.67 11••2 1.88 17.67 ___I I N 10.00 N8 h. EXISTING M \ \\ 04 SHED to N 3 �- HOUSE , - r' 40.00 \ • . —1r •rip ) �I - I D g:%1 i}N cb c5Proposed Deck 23' x 12'6" CJ; ---1 �__ 0 X • 6,—,..._ . 0 c,J EN , \ \ UJ 11 NI / !\ , L..),-- ...A_ i ", '..... on 7" o (.. 92.63 41(4,6, �� CP N00'23'29"W /--,i ;;-I r--,-TI -\ - ( i. ' 1.7M06`. 61-SEA, 0 �a.� ,wE A.' ,.a.� TAXES Aaiom�PROPERTY TAXATION&RECORDS ;' r :,-3,4,7:,,,' s ,,, - t '1 ` ` a. 1, , , g'r- - t7 ..MINISTRATION CENTER `iKir.,i; y_L ''a. h7.h;+rN:- .r `J -•1471:�� 6_•:i,= r ;. ..�:`. .i��uH 1690 HIGHWAY 55 .3 11i TANGS MINNESOTA 550:41-2_3x12 t � VALUES AND C LASSIFJCAMN 4 rw.dPi otacow1ty.us `' ".";J Taxes Paya_.ble_Year 2015 2016� ..._.�. --.'--^--"---- --_____._..___. ,.stri.,:tec{it.AtiKs:v81t}, ---. 24.1, 262800 1 Pro o�.Y 0': 14-12502-03-080 t Pore: Exclusion. 15,487 13,588 F1 ( `t�,>�:�•,�� � -•r r4• .._,.r.i.�ma,rcli'.,',.,:u.--:- 226,213 249,212 7';,,,,_•;. C:2,! •••t',q,::,api,,,• RESDHSTD RESDHSTD ANDREY MAK 002852 MICHELLE A MAK 19453 ELKRIDGE TRL FARMINGTON MN 55024-8756 �• : ;P , 114.;,:i 'thlrIhihIIIIIIlllmIIIIillnnm Iiuhi11u,IIIII4l,ihhh ` r'4, ,-,--11''' Proposed i ax $3,944.78 --1`.' PROP El-Y I A;A: -'I f h IC-MEN-1 19453 ELKRIDGE TRL - '••`,' , P°vpvrlv'r1. c.- r a.••,- * C.:orntng in 2016 FARMINGTON MN 55024 `'°: _' The time 2O Fei°villa pe:et mc,,' on Prrp21t, r)::1,.......;.•;,-',.;,: AUTUMN GLEN 3RD ADDITION PROPOSED LEWEF is N :0??,,' . !11s ittc 117.:•1;.apri:z.',i,•,I_; .•i:ui-- .'1!' .L,. ,.• "4,S I... d. t.. F'; ,p�..Gl,nd Pr sed e ' d`d d illie h m, 9 6 { •w e� F�•g� .Gy �'>:� .r:,:.S`nx Y` ��s ro ffi'� c�G��-Aga-w3�t;Id 9G'4•a*��.u�� ��y 2��n�t��`�7'�'Ge Y;6.� �Fir� ���'��'a' §fid���h. �'L.',f COIrt8gr1 iinl-A) rmA4c, Meeting Icy ocinatl,�Ia -- — Ar;:0.zSP 2015 _— Ilr Itie,,�d 201h •S"i'/ATE-7'aEliiE Al. AX ._-_-_ ._. ._._-.._,.._. . --NO UBLICMEETING $ .00 —$ DAKOTA COUNTY 678.52 721.12 DAKOTA COUNTY ADMINISTRATION DEC 1 2015-6:00 PM 1590 HIGHWAY 55 ADMINISTRATION CENTER HASTINGS MN 55033 COUNTY BOARDROOM WWW.DAKOTACOUNTY.US 1590 HIGHWAY 55 651-438-4576 HASTINGS MN 55033 FARMINGTON 1,390.12 1,475.32 ROBIN HANSON,FINANCE DIRECTOR DEC 7,2015-7:00 PM 430 THIRD ST FARMINGTON CITY HALL FARMINGTON MN 55024 430 THIRD ST WWW.CI.FARMINGTON.MN.US FARMINGTON MN 55024 651-280-6880 SCH DIST 192 JANE HOUSKA,DIRECTOR OF FINANCE DEC 14,2015.6:30 PM 20655 FLAGSTAFF AVE BOECKMAN MIDDLE SCHOOL-LITTLE THEATER 651-463-5043 FARMINGTON MN 55024 VOTER APPROVED LEVIES 940.86 1,058.86 OTHER LOCAL LEVIES 547,58 603.64 Your school district was scheduled to hold a referendum at the November general election.If the referendum was approved by the voters,the school district voter approved property tax for 2016 may be higher than the proposed amount shown on this notice. METRO SPECIAL TAXING DISTRICTS 30.44 36.10 METROPOLITAN COUNCIL DEC 9,2015-6:00 PM 390 ROBERT ST N METROPOLITAN COUNCIL CHAMBERS ST PAUL MN 55101-1805 390 ROBERT ST N 651-602-1446 ST PAUL MN 55101-1805 OTHER SPECIAL TAXING DISTRICTS NO PUBLIC MEETING 45.80 49.74 TAX INCREMENT TAX NO PUBUC MEETING .00 .00 r FISCAL DISPARITY TAX NO PUBUC MEETING .00 .00 x.4 ` J- II:wa;lcst4lrad :s,�r�.ses gs�etaerotsi — $ _ 3,633.32 — $— 3,944.78 8.6% I of I See Reverse fade for miuce P ni cr9r`c r oration f SITE PLAN—PROPOSED DECK Andre&Michelle Mak 19453 Elkridge Trail Farmington,MN 55024 651-463-7769 Variance Petition/Residential List Joseph T&April M Stefaniw 19447 Elkridge Trail Farmington,MN 55024 Mark A&Christine J Awbrey 19455 Elkridge Trail Farmington,MN 55024 SITE PLAN Request for permit to add deck to existing house. Address: 19453 Elkridge Trail,Farmington,MN 55024 Home Owners: Andre and Michelle Mak Phone#: 651-463-7769 The house was purchased in September 2004 with an existing deck that measures 15'4"by 6'. The deck will be removed and not re-used. The existing footings will not be reused. The existing ledger board will be inspected for condition and replaced as necessary. The length of the ledger board will be extended on one side to accommodate the new deck measurement. A deck planning software program offered by Home Depot called Big Hammer was used to design the deck plan. Deck information is as follows: • size of the proposed deck:23'by 12'6" • joist size:12',2x8 treated;a cripple joist to be used to span the distance of the bump out • joist spacing:16"O.C.max treated • size of decking material:1x6 Trex Select Saddle composite • post size and spacing:4x4 treated;8'O.C.between outer and inner posts • beam size:2x12 treated • footing size and depth:12"concrete pier footing with 42"depth min;corner footing flair to 14"and intermediate footings flair to 17". A proposed site plan is attached indicating lot size,size of existing structures,proposed deck location with setbacks from property lines. GUARDRAILS—The proposed plan calls for the deck to be at a height of 27 inches. Guardrails will not be used. OVERHANGING DECKS-The proposed plan calls for the deck joists to extend past the beam by 2 feet with the beams overhanging the post by 12 inches. FLASHING—The existing ledger board and flashing will be inspected for condition and replaced as necessary. New flashing will be installed where new ledger board is installed. JOIST HANGERS-Joists framing into the side of a wood beam or house ledger shall be supported by joist hangers with joist hanger nails compatible with lumber. STAIRWAYS-The proposed plan does not include a stairway. As required by code,the footings for decks must be inspected and approved before any placement of concrete. In addition,since the deck is 34"above grade,a framing inspection will be required. The Farmington inspection department will be contacted at each required building phase. SITE PLAN - PROPOSED DECK Andre & Michelle Mak 19453 Elkridge Trail Farmington, MN 55024 651-463-7769 ELKRIDGE TRAIL 76 0 - I 0°. °° I o S00'23'29"E R=80 .00 --- 68.46 1 o • 7 i Ia r: / \ 77 o —_- .• oz „,,..1--- 5 5( ,--;-.. in Fo 4 sa 4 1�2o'bo z.oa o r` r<1j _ — - o GARAGE \114:6-‘67 1.88x 17.67 J 4 ag, N (Vi 8 SHED N. EXISTING o \ \ ' } HOUSE 1 c� N N t_ :0 _ 40.00 \ 5 �O S` �� rn 5 0,A -yE-t� d- . t (DO cV rt to t <-� , �Nt '� Vit_ _ _ _ _ � trn t CO 00 _----Nz5 Proposed Deck 23' x 12'6” f!J� m m 0 X 1— 1 Li (– \ \ .-________ kr..........„ .J <0 Q \ T 8 \ 4g, z \\ L_4_..m!1'_ t % '... p D O— V. c 92.63 d4. N00'23'29"W 4 TM <11 edgenet do-it-yourself Deck Designer ►. Estimate Prepared for: Store Information: Apple Valley#2833 15101 Flagstaff Ave Apple Valley, MN 55124 (952)432-7171 Estimate Created: 0 Days Valid: 14 Estimate Prepared by: Big Hammer Design Systems 8 Decks Total Price (pre-tax): $749.44 "Please take this quote to the Contractor Services or Special Services Desk." "Products and prices shown online may vary from those at The Home Depot store near you. Prices shown on this quote may be different due to changes in product availability and market conditions. Prices for identical items may also vary from store to store." "Los productos y precios demonstrados en linea pueden variar de los en el almacen The Home Depot cerca de usted. Los precios demonstrados en esta cotizacion pueden ser diversos debido a los cambios en condiciones de la disponibilidad y del mercado del producto. Los precios para los articulos identicos pueden tambien variar de almacen al almacen." "`Special Order Items where price is not included in total-Please take to The Home Depot Special Services Desk for a price quote." "` Los Articulos de la Orden Especial donde el precio no se incluye en total-Favor de Ilevar a la Mesa de Servicios Especiales del Home Depot para una cotizacion del precio." Warning and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. All information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia e instrcciones importantes: Esto no es un plan ni una estimacidn final del diseho.EDGENET,INC.no asume ninguna responsibilidad del use o de la salida correcto de este programa.Toda la informacidn contenida en esta pagina esta conforme a los tf rminos en la negacidn,situada en el extremo de este documento. Copyright©1989-2016 Edgenet,Inc. Page 1 of 16 Doc ID 4774e921-5ebf-4e4a-aft7-b4d47e65dc37 rop., -,,:,), edgenet do-it-yourself Deck Designer1M 3D View 111 It r V1 cV ,`1 Warning and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. All information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia e instrcciones importantes: Esto no es un plan ni una estimation final del diseno.EDGENET,INC.no asume ninguna responsibilidad del use ode la salida correcto de este programa.Toda la informaciOn contenida en esta pagina esta conforme a los t8rminos en la negation,situada en el extremo de este documento. Copyright©1989-2016 Edgenet,Inc. Page 2 of 16 Doc ID 4774e921-5ebf-4e4a-af17-b4d47e65dc37 • edgenet do-it-yourself Deck Designer Plan View • • LAminz Warning and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. All information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia e instrcciones importantes: Esto no es un plan ni una estimaciOn final del diseflo.EDGENET,INC.no asume ninguna responsibilidad del use o de la salida correcto de este programa.Toda la informaciOn contenida en esta pagina esta conforme a los to rminos en la negacion,situada en el extremo de este documento. Copyright©1989-2016 Edgenet,Inc. Page 3 of 16 Doc ID 4774e921-5ebf-4e4a-af17-b4d47e65dc37 11 r-i edgenet do-it-yourself Deck. Designer r ,,,,_ Dimension View HI 23 I1 1.4— 4.......3.1.r....0.03 13.4.Q.4444N.Q.Q...9.44.54z, AO .741.043.3.3.. 1.7 nu 4.44 3 7.....43 ,44133.3.4.,.......4, .r....434...031,33.4......4.3.Cxx..4.44 A A ii„.„ 5 r k L., ii . ,...i. : . ...7.t.1=71 ,7I • � 1 1 ll f S n t, 1 / a 1 , 1 i 1 i i I SIN 44141,4 I 6 in 2 It R i�� -- �� ►'�1 +� roll 11.- ti? 9tl4in 1119.21) 2it8in bin 2f1Rin 2ft7in 2ft 2tt8in Ift9in 1 10 ft Ift4,in 7ft6in 1ft9in 2ft i i --__. -.. ........... ►� ►-.0 - _ -------_.._.---timi--1 ►s_—___rii-,� i loll 1 11 9 11) 7 ft 6 in 111 9 in 2 11 23 ft Warning and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. All information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia e instrcciones importantes: Esto no es un plan ni una estimacian final del diserio.EDGENET,INC.no asume ninguna responsibilidad del use o de la salida correcto de este programa.Toda la informacidn contenida en esta pagina esta conforme a los terminos en Is negacion,situada en el extremo de este documento. Copyright CO 1989-2016 Edgenet,Inc. Page 4 of 16 Doc ID 4774e921Sebf-4e4a-a117-b4d47e65dc37 .• edgenet do-it-yourself Deck DesignerTM ~ Post View a Z ti E. --- — ■ — • ionajoT 10n31nl vv. 1on3in J10fl31n 17" 17" 14' I 12"D pier footings with footing flairs as indicated BesePoint Warning and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. All information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia e instrcciones importantes: Esto no es un plan ni una estimacion final del diseno.EDGENET,INC.no asume ninguna responsibilidad del use o de Ia salida correcto de este programa.Toda Ia informacion contenida en esta pagina esta conforme a los terminos en Ia negacion,situada en el extremo de este documento. Copyright©1989-2016 Edgenet,Inc. Page 5 of 16 Doc ID 4774e921-5ebf-4e4a-afl7-b4d47e65dc37 TM edgenet do-it-yourself Deck Designer r,. , . ,,, ,,, A A Joist Layout View Fi a P dp L t 4P+kLa/.. . ffiK,AKR' nAWX/.tWMhe�� tsmx'?,ry}„ Rw']RSMt*sown -.e . +W.:fti. }� el.,..., "+Y'N. 1G±M.Y.M r N. If 0. c7 i p Il* Np 3N� 2�:Ht4R. p9dG&`?"+MFTGi�t*'r:tX9hYNM k A X�fir, w.vhfH�i�a�'ghk�.`,.WewM.'a S"mCp,9mil8 ONp", t I, N t:: �J tJ. � '�' 1...../,-/ t.. 5 7 1 t 1 h t \ : r _...:.wr ::Mxaa'n•�I'.Yt!t+Ak[ i .w....Ya1.spre._svu I 1 I I 1 i I i ._ __.-I _ _._., w A is A A t> A A L. L .r- A t S- i 4:- i- O R a 5 7 ,7 E 5 7 7 7 0 v O Q J r c n n n n r; n n n n n r;. n n n n n n • Notes: All joist and stringer spacing dimensions are measured in OC. blaming and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. All information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia e instrcciones importantes: Esto no es un plan ni una estimation final del diseno.EDGENET,INC.no asume ninguna responsibilidad del use o de Ia salida correcto de este programa.Toda la information contenida en esta pagina este conforme a los terminos en Ia negation,situada en el extremo de este documento. Copyright®1989-2016 Edgenet,Inc. Page 6 of 16 Doc ID 4774e921-5ebt-4e4aaft7-b4d47e65dc37 TM edgenet do-it-yourself Deck Designer Deck Information Deck 1 Construction Method - Beam to Side of Post Footing Type - Pier In-Ground Live Load - 40 Dead Load - 10 Decking Spacing - 1/8 in Joist Spacing - 16 in Beam Spacing - 102 in Post Spacing - 84 in Decking - L1x6 S/OSaddle Select GR Trex-Decking Beams - L2x12 Treated SOLumber No.2 Joists - L2x8 CedarTone PT Southern Pine No.2 Posts - L4x4 Treated SOLumber No.2 Deck Height - 27 in Diagonal Bracing - No Joist Overhang - 24 in Beam Overhang - 12 in Decking Deflection Factor - 360 Joist Deflection Factor - 360 Beam Deflection Factor - 360 Pref Decking Size - 514x6 Pref Joist Size - 2x8 Pref Beam Size - 2x12 Pref Post Size - 4x4 Warning and Important Instructions: This is not a final design plan or estimate.EDGENET,INC.assumes no responsibility for the correct use or output of this program. AU information contained on this page is subject to the terms in the disclaimer located at the end of this document. Advertencia a instrcciones importantes: Esto no es un plan ni una estimaciOn final del disefio.EDGENET,INC.no asume ninguna responsibilidad del use a de la salida correcto de este programa.Toda la informacibn contenida en este pagina esta conforme a los tarminos en la negacibn,situada en el extremo de este documento. Copyright©1989-2016 Edgenet,Inc. Page 7 of 16 Doc ID 4774e821-5ebf-4e4a-aft7-b4d47e65dc37 ___. ,_______________.. : ____ 1 tom^ .�.. —_,._ r tn r 8 m ___ ..T.iiiri , _..,_.......„3: ni 611 '-`----------F-- 7 . tj cg tij 'km_ . R X o m r 7C `- t- P CEJ p P b9 ?" tb 64 a C7 x o til Cf) R. ,.r f/1 1 5• c1 i V gg. ' 8 e: a Odd . a. 5' I !:N. ca) IA a ItiN g: 0„ cf? ❑ El ❑ N N N f A. i oo r 0 49ii , City of Farmington 430 Third Street C.11_ Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ►..4 - www.ci.fannington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Variance Application-For a Building Expansion on a Legal Nonconforming Lot DATE: July 12, 2016 INTRODUCTION The applicant,Patrick Flynn of Eternity Homes, is seeking variance approval to allow the expansion of an existing building on a legal nonconforming lot. The subject property is 425 Third Street. Section 10-4-2 of the city code states "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. Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved." Planning Division Review Site: 425 Third Street,Farmington, MN 55024 Property Owner/Applicant: Patrick&Donna Flynn Attachments: • Variance Application • Boundary and Topographic Survey • Building Elevations • Floor Plans • Structural Notes Legal Description: The South 20 feet of the North 88 feet of Lots 7 and 8,Block 20, TOWN OF FARMINGTON,Dakota County, Minnesota, according to the recorded plat thereof. Lot Area: 2,400 square feet Existing Land Use: Commercial Surrounding Land Uses: Commercial uses to the north, south and west. Senior apartment building and parking lot to the east. Existing Zoning: B-2(Downtown Business) DISCUSSION The applicant,Patrick Flynn, is seeking variance approval in order to expand the existing building located on the legal nonconforming lot addressed as 425 Third Street. The subject property is zoned B-2(Downtown Business)and the minimum requirements for lot area and width in this zone are 5,000 square feet and 50 feet, respectively. The lot is considered legal nonconforming in that its width is 20 feet and lot area is 2,400 square feet. Proposed Expansion The applicant is proposing a 960 square foot(20'x 48')addition onto the rear of the existing building located at 425 Third Street. The additional space will provide more office and meeting space for the applicant's business Eternity Homes. The addition does include a second story. The existing building has zero foot setbacks from the front(3rd Street)and both side lot lines. The existing rear yard setback is approximately 62 feet. The applicant is proposing to construct an addition onto the rear of the existing building. The building will be expanded to the east by approximately 48 feet. Thereby the new rear yard setback would be approximately 15 feet. The setbacks within the B-2 district are as follows: Front yard: 0 feet Side yard: 0 feet Rear yard: 0 feet The existing building and proposed addition meet these requirements. The maximum lot coverage for all structures in the B-2 district is 100%. With the addition the building will not cover the entire property. The proposed lot coverage will be approximately 88% after the addition is constructed. As previously mentioned, the addition is proposed to have a second story. The overall height of the addition is shown to be 21 feet 2 inches. The B-2 district allows for a building height of 45 feet. The property is located in the Downtown Overlay District, therefore, it is subject to the design standards that are set forth in Section 10-6-28 of the city code. As shown in the attached architectural elevations, the front exterior and the exterior of the addition are to consist of vertical fiber cement panels. The fiber cement panels have been found as acceptable materials in the past(i.e., Pizza Man). However, Section 10-6-28 E(1) states that in the case of new construction,renovations, or additions, seventy percent(70%)or more of the total surface area of exterior walls exposed to public view shall consist of a mixture of two (2)or more of the predominant downtown finish materials (clay, brick, stucco,natural stone, ornamental concrete. A condition of approval should be that the applicant meet the requirement identified above by incorporating a second approved material to the elevations that are exposed to the public view. The Planning Commission acting as the Board of Adjustment may not approve a variance request unless it is found that"practical difficulties" exist using the following criteria: 1. Because the particular 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. Economic considerations alone does not constitute practical difficulties. Dakota County property records indicates that the existing building was constructed in 1928. The property itself is part of the original TOWN OF FARMINGTON plat that was recorded in 1864. The area and width of this lot is a preexisting condition that has likely been this way since 1928 when the building was constructed 2. That the variance would be consistent with the comprehensive plan. The subject property is guided commercial in the 2030 comprehensive plan. The use of the property(as office)is consistent with the comprehensive plan. 3. That the variance would be in harmony with the general purposes and intent of this title. It is staff opinion that the variance as requested is in harmony with the general purpose and intent of this title 4. The conditions upon which a 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. Generally speaking,the lots within the B-2 zone meet the lot area and width requirements. As previously stated this is a preexisting condition that likely have been in place for many years. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The difficulty was not created by the applicant 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the requested variance will not alter the essential character of the locality. The property is within a commercial district 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance request will not substantially increase the congestion of 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. This is the minimum action necessary to eliminate the practical difficulty. 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. The subject property is zoned B-2 and is currently being utilized as office space for Eternity Homes This will not change with the approval of the requested variance. ACTION REQUESTED Staff recommends approval of the requested variance to allow the expansion of an existing building on a legal nonconforming lot subject to the following contingencies: 1. The applicant shall meet the requirement of Section 10-6-28(E)1 of the city code by incorporating a second approved material to the elevations that are exposed to the public view. 2. The submittal and approval of a building permit. ATTACHMENTS: Type Description o Backup Material Variance Application Id Backup Material Boundary and Topographic Survey LI Backup Material Building Elevations a Backup Material Floor Plans a Backup Material Structural Notes 4r:1. City of Farmington /OW 430 Third Street q d Farmington,Miott:oto °�.t?S �` M280.6800•Fax 651280.6899 JUN '' 5 ' n16 .. .fannlnpionmam U Il! VARIANCE APPLICATION Applicant: Pa r i c.v._. N13(111 Telephone:(11,5 t) Lit c().-2,Cl-I 3 Fax: (tt?5 i) `--ii GC: ',,C.:1-4 Address: Li F CTIiici sci- ezi ctt_f7Y'1t f cJ t.r\ 1KI `a'�- Street City State Zip Code Owner: PoLk- iC\L. -1,..��t-) Telephone:(L ) 4t-i z -_�('%i A F LiLitSD 3,N. Address: Lia,.-S `c tr c'k Ct.X C)J 11Y\ M1\-..k `S-'`(it�LI Street City State Zip Code Premises Involved: L1 r\^S -1--- t c(i Srcce `-:4 f ynk \q\\s t'Y11,1`mat-i TA Sc::.P.@Ca •f e t v F n\-9 Address/Legal Description(lot,block,plat name,section,township,range) ('a On 81L-4:,Fent ofr (.s%i r _i.st 9,1t,c'i afl T.o....+'-•vi Current Zoning District -:;\ Current Land Use r(WAR.f f:.t cd L1,TV! S, c..rmuPcp.,- Specific Nature of Request I Claimed Practical Difficulties: L c. ; nts,n - C nnt'\{-t'clY1aY C: U\-- SUBMITTAL REQUIREMENTS ❑Pr...4of Ownership U Copies of Site Plan ❑A.,. cation Fee($200) ❑Abstract/Residential List(adjoinin_ , operty owners only) ❑13 i dary/Lot Survey ❑Torrens(Owner's Duplicate Cert :t- .f Title Required) (is/i li islitp 7- .,fic,„ S .:(,"7- •e of Property Owner Date Signa!, e of Applicant Date Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local.Newspaper: Planning Commission Action: Approved Denied Fee Paid $200—City of Farmington $46—Dakota County Recorder Comments: Conditions Set: Planning division: Date: 9/06 DRAFTED BY: City ofFarmiagton 430 Third Street Farmington.MN 55024 J I dpi 1 Pg01 lig 0 ii11 7\ II it is HNC IllEl 11 1 g is 1 < pdaeg000 *o! ,% • le111 4 IA E i ag i o1 =z El E 1 110 ii 11 lir A ° s 5 C .- gIli ° " gh M Milli 41iii L i i I 1 111111 li 111411g ° ! Illiihiligill VV . 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Farmington,Minnesota � Q ,.' 651.280.6800 -Fax 651.280.6899 ''4r,A„tea'° WWW.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Temporary Health Care Dwelling Units DATE: July 12, 2016 INTRODUCTION In the 2016 legislative session a bill was passed that requires cities to allow temporary accessory dwelling units. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person"by allowing them to stay in a temporary accessory structure on a relative's or caregiver's property. DISCUSSION The law exempts said applications from typical zoning authority and requires cities to approve them within 15 days. The law also allows them to be permitted with a doctor's note for the residents and provides for exceptions to typical building, zoning and fire regulations. From a Planning perspective there are several concerns with the ordinance that come to mind, including: the law bypasses the city's ordinances regarding accessory uses and structures as well as recreational vehicles; the permit can automatically extend with no reasons to not extend provided for; and there is no reference to compliance with shoreland, floodplain or wetland requirements. There are also several other concerns with this law that woud affect the city outside of land use issues that are just as impactful and would cost the city resources to allow these type of units including: A$100 permit fee for the initial permit with a$50 renewal fee that would l kely not cover the city's costs;allowing people to reside in a structure that does not have to meet MN state building,plumbing, electrical code or building permit requirements;utility hook-up concerns as the MN State plumbing code requires buildings/structures to be hooked up to public utilities if available;and HIPPA data handling concerns. The law goes into effect on September 1, 2016. The law does provide cities an opportunity to opt out of the law through the passage of an ordinance. Attached,please find a document prepared by the League of Minnesota Cities that highlights the new law and provides an in depth review of the potential outcomes that could be associated with allowing these types of structures. Additionally, I have included two recent news articles regarding this topic for your information. ACTION REQUESTED Staff requests that the Planning Commission review the attached information regarding the new law and discuss its position on potentially opting out of the law. ATTACHMENTS: Type Description CI Backup Material League of Minnesota Cities Document o Backup Material Articles about Drop Homes -\ 0 0 LEAGUE OF CONNECTING &INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures—What it means for Cities Introduction: On May 12, 2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.' Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative.The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person",by allowing them to stay in a "temporary dwelling"on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes,unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out, cities may want to consider that: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. 12016 Laws,Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651)281-1299 ST. PAUL, MN 55103-2044 TOLL FREE:(800)925-1122 WEB:WWW.LMCORG Temporary Family HealthCare Dwellings June 27,2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No,the law goes into effect Sept. 1,2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No,the law does not set a deadline for opting out, so cities can opt out after Sept. 1,2016. However, if the city has not opted out by Sept. 1, 2016,then the city must not only have determined a permit fee amount'before that date(if the city wants to have an amount different than the law's default amount),but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law.Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1, 2016,but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use,then the law does not apply and the city follows its own ordinance.The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so.The statute does not provide clear guidance on how to treat this opt-out ordinance.However, since the new law adds section 462.3593 to the land use planning act(Minn. Stat. ch.462), arguably, it may represent the adoption or an amendment of a zoning ordinance,triggering the requirements of Minn. Stat. § 462.357, subd.2-4, including a public hearing with 10-day published notice.Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 3 See Minn. Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27,2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes.Link to opt out ordinance here:Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely.The opt-out language of the statute allows a city, by ordinance,to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute,the most conservative approach would be to opt out of the statute,then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out,cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out,the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements.As mentioned above, if a city wants a program different from the one specified in the statute,the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city.Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including,but not limited to:6 • Name, address, and telephone number of the property owner,the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care,primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician,physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more"instrumental activities of daily life;"7 statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. 6 New Minn. Stat. §462.3593,subd.3 sets forth all the application criteria. 'This is a term defined in law at Minn.Stat. §256B.0659,subd. 1(i)as"activities to include meal planning and preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing household tasks integral to the personal care assistance services;communication by telephone and other media;and traveling,including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 27,2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot;and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application:the primary caregiver,the owner of the property(on which the temporary dwelling will be located)and the resident of the property(if not the same as the property owner).However,neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver"or"relative"resides.The statute defines caregiver as"an individual, 18 years of age or older,who: (1)provides care for a mentally or physically impaired person; and(2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring."The definition of"relative"includes"a spouse,parent,grandparent, child, grandchild, sibling,uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No.The legislature did not include an age requirement for the mentally or physically impaired dweller.8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as"mentally or physically impaired,"defined as"a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state."The law specifically limits the time frame for these temporary dwellings permits to 6 months,with a one-time 6 month renewal option.Further,there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling $The law expressly exempts a temporary family health care dwelling from being considered"housing with services establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services establishment"not applying. Temporary Family HealthCare Dwellings June 27,2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities(by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable(as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"10; and • Must contain a backflow check valve." Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly,no.These structures must meet accessibility standards(which are in the State Building Code).The primary types of dwellings proposed fall within the classification of recreational vehicles,to which the State Building Code does not apply.Two other options exist,however,for these types of dwellings. If these structures represent a pre-fabricated home,the federal building code requirements for manufactured homes apply(as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand,they must be constructed consistent with the State Building Code(as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit,the temporary family health care dwelling must be located in an area on the property where"septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents"other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards Institute website is located at https://www.ansi.org/. II New Minn.Stat. §462.3593,subd.2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 27,2016 Page 6 However,unless otherwise provided, setbacks and other local ordinances, charter provisions,and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process.The permit approval process found in Minn. Stat. § 15.99 generally applies;however,the new law shortens the time frame within which the local governmental unit can make a decision on the permit.Due to the time sensitive nature of issuing a temporary dwelling permit,the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days)to either issue or deny a permit.For those councils that regularly meet only once a month,the law provides for a 30-day decision.The law specifically prohibits cities from extending the time for making a decision on the permit application.The new law allows the clock to restart if a city deems an application incomplete,but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee.The law sets the fee at$100 for the initial permit with a$50 renewal fee,unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law.The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance.The permit holder then has sixty(60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act.To minimize collection of protected heath data or other nonpublic data,the city could, for example, request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance,the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability.Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law,to determine the potential impact on cities,the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27,2016 Page 7 Where can cities get additional information or ask other questions. For more information,contact Staff Attorney Pamela Whitmore at Wihitmore@lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho@1mc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 1 of 2 LOCAL Suburbs opt to go their own way on state's 'drop home' law Facing a new state requirement to allow tiny trailers on residential lots,many cities are saying no. By Erin Adler(http://www.startribune.com/erin-adler/195633361/)and Emma Nelson (http://www.startribune.eom/emma-nelson/261800211/)Star Tribune staff writers JULY 5.2016—8:41AM Metro suburbs are bypassing a new state law that would require them to allow tiny, portable houses on residential properties,saying the state mandate doesn't work for them. The statute is intended to provide access to temporary"drop homes"for people— mostly older adults—with health care needs that require them to be close to a caregiver. But worries about resident complaints,conflicts with local zoning ordinances and timing concerns have spurred cities to opt out of the law.Some say they already have the resources they need to meet the needs of aging residents,while others want to pass their own laws allowing temporary structures tailored to their city. The League of Minnesota Cities fought for an opt-out provision in the statute so local governments could still have control over their own zoning. Bill sponsor Rep.Roz Peterson,R-Lakeville,struggled to find a place for her elderly " c3- father to live when hegot sick twoyears ago.It's disappointing that cities are opting out, s-. s -._ •�; she said,but she acknowledged that the law isn't one-size-fits-all. "It's always difficult to accept change and innovation,"Peterson said."This won't solve " everybody's problem—this is one tool in the toolbox,so to speak" 1000 Drop homes,sometimes called granny pods,are trailers under 300 square feet that are billed as an affordable and temporary alternative to sending sick,injured or elderly family members to a nursing home. (http://stmedia.startribune.comfimages/1467684122 08+678634+02 ELIZABETH FLORES.STAB TRIBUNE The new law was based on similar,but less restrictive,laws in North Carolina and John Louiselle,left.and Jesse Lammi are a pair Virginia. of young New Brighton entrepreneurs that In Minnesota,the law allows homeowners to have a drop home on their property for six have started NextDoor Housing.a company months by paying for a$100 permit,unless their city has a specific ordinance against the homes. The Burnsville City Council voted unanimously on June 21 to opt out.Drop homes don't meet city codes,said Mayor Elizabeth Kautz.and the city already has temporary housing options. Those options include spare bedrooms,apartments,assisted living facilities,short-term health care facilities,hotels and group homes,according to a meeting agenda report. "It's not that we don't have it,"Kautz said."We want control of what happens here in Burnsville." Some cities want to allow accessory dwelling units but are choosing to do so on their own terms. The Crystal City Council will likely vote to opt out at its next meeting,said Council Member Jeff Kolb.The decision stems largely from the nature of residential properties in Crystal,many of which may be too small to qualify for drop homes under the statute,he said. The City Council will try to pass an ordinance in the future that allows for accessory units that are better tailored to the city,Kolb said. "There was a concern that it would be perceived that by opting out,we were saying we don't want this kind of thing around here,that it was kind of a cold-hearted decision,"he said.'The reality is it's not that at all." In Lakeville,the City Council agreed to opt out last week but also sent the issue to city staff for further review. http://www.startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/3 8... 7/5/2016 Twin Cities suburbs opt to go their own way on tiny'drop homes'- StarTribune.com Page 2 of 2 There were multiple concerns,said Mayor Matt Little,including aesthetics,property values and the difficulty city staff would face in having to make judgments about residents'illnesses. "Every single city in this country is going to need to figure out a way to start taking care of our seniors,"Little said.'There's just a lot of issues we need to...make fair and clear." Meanwhile,city staff in Woodbury are recommending that city officials vote to opt out in order to have more time to figure out what local needs are,said Jason Egerstrom, Woodbury's spokesman. Under the statute,cities have until Sept.1 to opt out. John Louiselle,co-owner of NextDoor Housing,a New Brighton-based drop home company that helped craft the law,said he doesn't mind if cities choose a different direction."What's worrisome to us is when we see cities opting out and offering no alternative solution,"he said. Peterson said she would like to see cities try out the statute and see how it works.The biggest challenge,she said,is that people aren't familiar with the drop home idea "This is new—nobody's really done this before,"she said."Let's have a conversation with the community before we just choose to abandon the idea" Erin Adler•612-673-1781 Er6uAda tsta iau e.com 612.673-1781 enunanetson@startrihume.eom 812.873-4509 enunamarlenelson http://www.startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/38... 7/5/2016 Lakeville to consider temporary tiny houses I Page 1 of 4 Community&People Lakeville to consider temporary tiny houses Published July 1,2016 at 932 am By Laura Adelmann Drop homes give families options Lakeville families may have a more affordable option to care for an elderly or disabled relative or friend. The Planning Commission will soon consider health housing options that include placing a person in need in a tiny trailer home next to the caregiver's home on a short- term basis. City Council members agreed Monday to opt out of new state legislation requiring cities to allow dwellings,known as"drop homes,"and instead directed staff to work with the Planning Commission to develop ideas on how this type of housing could be provided. City Administrator Justin Miller said the ideas forwarded to the council may or may not include exterior or separate dwelling units. State Rep. Roz Peterson,R-Lakeville,encouraged City Council members to allow temporary health care dwellings,and use the state legislation as a model they could refine to address city officials'multiple concerns. The dwellings,available in Minnesota from NextDoor Housing,are on wheels and are a maximum of 300 square feet, NextDoor Housing delivers the accessible homes and connects it to a homeowner's power and water. Inside is a small kitchen,bed, storage and handicapped-accessible bathroom. Costs to rent a drop home start at$1,250 per month,according to the company's website,nexdoorhousing.com. http://sunthisweek.com/2016/07/01/lakeville-to-consider-temporary-tiny-houses/?utm sourc... 7/5/2016 Lakeville to consider temporary tiny houses I Page 2 of 4 Under the legislation,a$100 six-month temporary dwelling permit could be purchased and renewed once for an additional six months for a maximum cost of$50. Numerous city zoning codes and ordinances make it difficult for the units to be used in cities,so the Legislature passed a bill making temporary dwellings legal across the state. NextDoor Housing received a$350,000 grant from the Minnesota Department of Human Services,and NextDoor Housing owners John Louiselle and Jesse Lammi said their goal is to have five units installed by the start of the State Fair. City Planner Daryl Morey reviewed multiple concerns about allowing the structures in Lakeville. He said the proposed$100 permit does not cover the cost of staff time to review the proposals,and noted if the structures become popular,costs could become increasingly problematic. There is a 15-day approval process,a survey is not required and the structures could be located closer to property lines than is allowed under city ordinances. He also said there would not be enough time to notify neighbors or hold a public hearing. "We feel there's options to be able to care for these individuals,"Morey said,noting that people can bring family members into the primary home. Lakeville City Council members agreed the concept fills a need,but also cited numerous concerns about issues the dwellings pose. Mayor Matt Little called the drop home a"great concept,"but cited several concerns including whether a person's health privacy could be maintained considering city actions and documents are public. "Everything we do is public record,"Little said."We need to evaluate what we're putting down on record about people,especially in these situations." The legislation requires a written certification that the mentally or physically impaired person requires assistance with two or more activities instrumental to daily living. Little cited concern that city staff would be put into a position of trying to evaluate the health of a family member to determine if such a living situation was needed. http://sunthisweek.com/2016/07/01/lakeville-to-consider-temporary-tiny-houses/?utm sourc... 7/5/2016 Lakeville to consider temporary tiny houses I Page 3 of 4 City Council members also questioned if people would use the homes in ways not intended by the legislation,such as a child's playhouse or an income source as a room rental to travelers. Peterson suggested the city use the law as a template and make whatever ordinance modifications they feel are necessary to address ordinances and circumstances of concern,but urged quick action. "What I don't want to have happen is these guys are just going to go out of business because we weren't willing to be more innovative and trust that people are going to take care of their loved ones and provide some options for them."Peterson said. City Council Member Colleen LaBeau said the option would be"awesome"in some neighborhoods and"a lot more challenging in other types of close neighborhoods. She said consideration also needs to be given to how homeowners associations would deal with the issue. City Council Member Doug Anderson agreed,adding that while he likes the idea of having options for the care and support families need,advocated for taking time to review the implications for city ordinances. "I think it makes sense for us to go into this eyes wide open at the front end to get things lined up so the community knows what we're trying to accomplish,"Anderson said. Filed Under.handicapped-accessible, health care, Lakeville, Minnesota Department of Human Services, NextDoor Housing,tiny homes SUTek Advertising information I Contact Us I Subscribe I Jobs&Classifieds Copyright©2016 ECM Publishers, Inc. •All Rights Reserved http://sunthisweek.com/2016/07/01/lakeville-to-consider-temporary-tiny-houses/?utm sourc... 7/5/2016