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HomeMy WebLinkAbout4/8/08 / City of Farmington 325 Oak Street .rmington, MN 55024 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) March 11, 2008 3. PUBLIC HEARINGS AGENDA PLANNING COMMISSION APRIL 8, 2008 7:00 P.M. . CITY COUNCIL CHAMBERS A Proud Past ~ A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers a) Text Amendment to Section 10-2-1 Definitions, Section 11-4-4 (A) Width and Location and Section 11-4-4 (D) Drainage and Utility Easement. (Con't) Applicant: City of Farmington . b) Variance to the location of a wall sign Applicant: Expressive Embroidery 305 3rd Street Farmington, MN 55024 4. DISCUSSION a) Impound Lot CUP discussion - 20125 Canton Court b) Special Meeting - Public Hearing - April 22, 2008 (verbal update) 5. ADJOURN . ---=- . . . City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Planning Commission Lee Smick, AICP . ff/ City Planner ~ FROM: SUBJECT: Revise Section 10-2-1 concerning Definitions and Sections 11-4-4 (A) & (D) concerning Drainage and Utility Easements. DATE: April 8, 2008 INTRODUCTIONIDISCUSSION City staff met with utility companies (Dakota Electric, Xcel Energy, MERC, Frontier) on March 26, 2008 to discuss the width of drainage and utility easements (Exhibit A) and determine where Lot Frontage Trees should be located in the front yards of new subdivisions. The staff and utility companies determined the following: 1. The front yard drainage and utility easement will remain as a 10- foot wide easement. 2. Lot Frontage Trees need to be installed in the front yard within the lO-foot wide drainage and utility easement at 8 feet from the property line. 3. Lot Frontage Trees may be installed within the 10-foot drainage and utility easement in the front yard of new subdivisions, but not within the side yard 5-foot wide drainage and utility easements. The group also discussed the boulevard tree ordinance (Exhibit B) and suggested a few minor changes for the City Council to review: 1. The owner of any lot of record existing on the effective date may replace a dead boulevard tree with a new tree planted on the boulevard, but the tree should not be located within 10 feet of any water or sewer line and 2 feet from any other underground utility. 2. The owner of any lot that is not a part of the lot of record existing on the effective date may replace a boulevard tree with a lot frontage tree at 8 feet from the property line in the front yard drainage and utility easement, and outside of the side yard drainage and utility easements. The utility companies reviewed both proposed ordinances and approved them as shown on the attached emails (Exhibit C). . . . ACTION REQUESTED Recommend approval of amendments to Section 10-2-1 concerning definitions, and Sections 11- 4-4 (A) & (D) concerning Drainage and Utility Easements and forward the recommendation to the City Council. Respectfully Submitted, Lee Smick, AICP City Planner . . . ex. A CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-2-1 DEFINITIONS, SECTION 11-4-4 (A) WIDTH AND LOCATION AND SECTION 11-4-4 (D) DRAINAGE AND UTILITY EASEMENT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The City of Farmington City Code, 10-2-1 Definitions is amended by adding the underlined language and deleting the strikethrough language as follows: LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover/vines, turf grasses (sod), and nonliving material such as: rocks, pebbles, sand, bark, mulch, brick pavers and earthen mounds (excluding pavement); and/or other items of a decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc. SECTION 2. The City of Farmington City Code, 11-4-4 (A) Width And Location, is amended by adding the underlined language and deleting the strikethrough language as follows: An easement for drainae:e and utilities at least ten feet (10') wide shall be provided in the front and rear yard. An easement for drainae:e and utilities at least five feet (5') wide on either side of an abuttine: property line shall be provided in the side yards. If necessary for the extension of water main or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. SECTION 3. The City of Farmington City Code, 11-4-4 (D) Drainage and Utility Easements, is amended by adding the underlined language and deleting the strikethrough language as follows: No structures, elevated landscapffig~ material, or impervious surfaces. with the exception of turf grasses. are allowed within a property line front. side or rear yard drainage and utility easement with the exception of fences installed on the property line and lot frontae:e trees placed eie:ht feet (8') behind the property line in front yard drainae:e and utility easements. No plant material/impervious surface is allo';/ed to encroach within the easement that \vill negatively affect the drainage within the easement, reroute the drainage onto adjacent properties, or inhibit the access to the easement. No grade change (i.e., berms, retaining walls, planting areas , . vlith elevated mulch, etc.) within the easement shall be allowed. :\.lllandscaping must match the finished grade approved on the as built certificate that is available from the building inspection division. All Any non-conforming improvements within the easement are placed at the owner's own risk. (Ord. 006-564, 10-16-2006) SECTION 4. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2008, by the City Council of the City of CITY OF FARMINGTON By: Kevan Soderberg, Mayor . ATTEST: By: Peter Herlofsky, City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of , 2008. . 1. . . . €to B CITY OF FARMINGTON DAKOTACOUNTY,M~ESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 10-2-1,10-6-10 (F), 10-6-10 (G), AND 8-1-5 (A) OF THE FARMINGTON CITY CODE CONCERNING LOT FRONTAGE TREES, BOULEVARD TREES AND REPLACEMENT TREES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The City of Farmington City Code, Section 10-2-1, Definitions is amended by adding the underlined language and deleting the strikethrough language as follows: BOULEVARD TREE ROUTE: City designated route that includes maior collector streets on the City's Thoroughfare Plan that are allowed to be planted with boulevard trees within the right-of-way. STREET BOULEVARD TREES: Trees on land lying between the edge of curb and the property line within the city or located in new developments on City approved Boulevard Tree Routes. CITY BOULEV ARD: Area between property lines on either side of all streets, avenues, or ways within the city. LOT FRONTAGE TREES: Trees installed on private property in the front yards of new developments by the developer per the Development Contract. SECTION 2. Section 10-6-10, Landscaping is amended by adding' the underlined language and deleting the strikethrough language as follows: 10-6-10: LANDSCAPING: (F) Street Tree Lot Frontage Tree and Boulevard Tree Species To Be Planted: 1. Official Street Lot Frontage Trees and Boulevard Trees: The following list constitutes the official street lot frontage tree and boulevard tree species for Farmington, Minnesota. No species other than those included in this list may be 1 . planted as street lot frontage trees and boulevard trees without written permission of the natural resources division. (Ord. 002-469, 2-19-2002; amd. Ord. 006-563,9-18- 2006) (a). Landscape Plan: Developers of new developments must submit a landscape plan to the planning division. The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings. The lot frontage trees are required in the front yards of lots in new developments. Boulevard trees in new developments shall only be installed on City approved Boulevard Tree Routes. The only exception would be if an agreement is made with a homeowners association or other such organization where the responsibility to maintain the trees is that ofthe named organization in perpetuity. 2. Allowable Street Lot Frontage Tree and Boulevard Tree Species: Ash Burgesen Dakota centennial . Kindred Marshalls Patmore Summitt Linden American Greenspire Redmond Sentry Maple Cleveland . Crimson king Emerald lustre 2." . Emerald queen Fire dance Green mountain Majesty Northwood red Norway Schwedler Deborah Oak English Northern red Pin . Swamp white Other Imperial honey locust Regal elm Skyline honey locust Sunburst honey locust Trees approved by city staff (a) Spacing:. for Street Lot Frontage and Boulevard Trees: . (1) Lot Frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet (40') of street lot frontage or one tree per lot if 40 feet is not feasible. The trees need not be placed at eyen forty foot (10') intervals; hm;'1eyer, they should be installed as close to forty feet (10') as possible along the street frontage, allO'.ving for utilities, drive'.vays and intersection visibility requirements. The boulcyard trees shall be installed per the landscape plan. The developer is responsible ensuring that for installing the boulevard lot frontage trees are ~ . . . planted per the landscape plan as required by the development contract. Special planting designs for boulevard street lot frontage trees need to be approved by a landscape architect or the planning coordinator division. (2) Boulevard trees in new developments shall be located on City approved Boulevard Tree Routes and be installed at a minimum spacing of one tree for every forty feet (40') of boulevard frontage or one tree per boulevard frontage if 40 feet is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b) Distance From Curb .And Sidewalk Location for Lot Frontage and Boulevard Trees: (1) Lot frontage trees in new developments shall be planted by the developer per the Development Contract on private property ei2ht feet (8') from the front property line and shall be installed in a parallel line to the front lot line. (2) Boulevard trees in new developments shall be planted by the developer per the Development Contract on City approved Boulevard Tree Routes in the center of the City boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs, sidewalks, trails, or pavement shall be no closer than four feet (4'). (c) Distance From Street Comers And Fire~ Hydrants: No 5tfeet lot frontage tree, boulevard tree, replacement tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets thirty feet (30'), and connecting their end points with a straight line. No 5tfeet lot frontage tree, boulevard tree, or replacement tree shall be planted closer than ten feet (10') from any fireplug. (d) Utilities: No 5tfeet lot frontage tree, boulevard tree, or replacement tree may be planted within ten (10') lateral feet of any underground water line or sewer line overhead or underground transmission line or other utility (sanitary or storm) and two feet (2') from any other under2round utilitv. Gopher State One shall be called to request locations of utilities. SECTION 3. The City of Farmington City Code, Section 10-6-10 (G), Tree Maintenance on City Boulevards, is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-10 (G) Tree Maintenance OB City Boulevards: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city owned boulevards. J/ . (a) Planting Requirements: The natural resources division will review all planting of trees and shrubs within "city boulevards", defined as the area between property lines on either side of all streets, avenues, or ways within the city. b) Landscape Plan: Developers of subdivisions must submit a landscape plan to the planning division. The planning division will be responsible for appro':ing appropriate tree plantings within city boulevai"ds. fa) @ }..ddition To Plan: Trees planted by residents on the boulevai"ds that ai"e in addition to the tree plan must receive prior appro'/al from the natural reSOUl"ces division. Replacement of Trees: (1) The City shall be responsible for removing existing boulevard trees that have died or sustained severe damage. The City shall replace trees on designated Boulevard Tree Routes. . (2) The owner of any lot of record existing on the effective date (original adoption date) may, at his or her own risk, replace a dead boulevard tree with a new tree to be planted on the boulevard, provided the location of the new tree is not within ten (10') lateral feet of any undere;round water line or sewer line (sanitary or storm) and two feet (2') from any other undere;round utility. (3) The owner of any lot that is not part of a lot of record existine; on the effective date (orie;inal adoption date) may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainae;e and utility easements, and no closer that eie;ht feet (8') from the property line in front yard drainae;e and utility easements. W (fl Trimming Requirements: The natural reSOUl"ces di'/ision City will be responsible for all trimming of boulevard trees. As these trees are on city property, and are essentially and legally city property, they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures. ~ @ Contact Responsibility of Trees: Residents ,,:ill need to contact the natural reSOUl"ces division when a boulevai"d tree needs trimming or inspection. (1) The City will inspect and trim boulevard trees. (2) The homeowner shall be responsible for trimming lot frontage trees or any other tree on private property. . ftj ~ Height Standards: Trimming height standards must maintain a ten foot (10') clearance above any walkway and fourteen feet (14') above the roadway. These ~ . . . requirements provide clearance for walkers, snow removal equipment and solid waste vehicles. W ill Brush From Pruning: The city will not collect any brush resulting from pruning or removal oftrees or brush from private property. ~ (g} Emergency Collection Of Brush: An emergency brush situation would occur when the public safety officer declares one to exist. Then and only then will the city collect brush generated by residents on private property, as a onetime emergency servIce. SECTION 4. The City of Farmington City Code, Section 8-1-5, Boulevards; Allowable Uses, is amended by adding the underlined language and deleting the strikethrough language as follows: 8-1-5: BOULEVARDS; ALLOWABLE USES: (A) No person shall install any structure or improvement or plant any materials in the city boulevard except at the person's own risk as follows: 1. Street Boulevard trees as allowed on any lot of record existing on the effective date (original adoption date) under section 2 9 11 and subsections 1O-6-1O(F) and (G) of this code; SECTION 5. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2008, by the City Council of the City of CITY OF FARMINGTON By: Kevan Soderberg, Mayor ATTEST: By: Peter Herlofsky, City Administrator ~ . SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of . . , 2008. 1 . 6;1. t::, Lee Smick From: Steiner, Jon Uon,steiner@frontiercorp_com] Sent: Friday. March 28,20087:21 AM To: Lee Smick Subject: RE: Farmington's Boulevard Tree Policy Lee, I agree with the proposed language in your revised attachments to your latest email dated March 27,2008_ I agree that the 10' drainage and utility easement would be retained, and the proposed trees would be placed at 8 feet back of property line. Jon Steiner Network Engineer Frontier Communications Solutions 952-435-4667 Office 612-366-2297 Mobile 952-435-5882 Fax email: jon.steiner@frontiercorp_com . From: Lee Smick [mailto:LSmick@CI.FARMINGTON.MN.US] Sent: Thursday, March 27, 20084:04 PM To: Tony Wippler; Kevin Schorzman; Dave Sanocki; spariseau@dakotaelectric.com; Steiner, Jon; dldurrah@wpsr.com; chuck.snyder@chartercom.com; susan.m.gille@xcelenergy.com; cknudsen@dakotaelectric.com Cc: Peter Herlofsky Subject: RE: Farmington's Boulevard Tree Policy Hello - The proposed language that we discussed on March 25th has been incorporated into the attached ordinances_ Please review the bold sections of the ordinance and ensure that this language is correct. Let me know if you have comments or questions, otherwise I will propose the easement ordinance to the Planning Commission on April 8, 2008 and the easement and the boulevard tree ordinances to the City Council on April 21, 2008. Thanks for all of your help, Lee Smick City Planner 651-463-1820 From: Lee Smick Sent: Tuesday, March 18, 2008 10:35 AM To: Tony Wippler; Kevin Schorzman; Dave Sanocki; 'Sue Pariseau (spariseau@dakotaelectric,com)'; 'Jon Steiner (jon.steiner@frontiercorp.com)'; 'Deb Durrah (dldurrah@wpsr.com)'; 'Chuck Snyder (chuck.snyder@chartercom .com)'; 'susan.m .gille@excelenergy.com'; 'cknudsen@dakotaelectric.com' Cc: Peter Herlofsky Subject: Farmington's Boulevard Tree Policy . TO: Utility Companies servicing Farmington The City is continuing to propose revisions to its Boulevard Tree Policy on all new subdivisions constructed in the # I 4/2/2008 . . . community as of April 2008. As you recall, we had correspondence with you in August-October in 2007 about our proposed revisions. The City is continuing to propose that trees will no longer be allowed to be installed within the boulevard between the curb and sidewalk/trails. At that time, we proposed that these trees be installed at 11 feet from the property line, outside of the 10 foot wide front yard drainage and utility easement. However, the City would like to revise this portion of the proposal to state that "trees may be planted in new subdivisions at 8 feet from the property line", which would mean that the drainage and utility easement in the front yard would be reduced to 5 feet in width. (Please see attached drawing). Proposed language: An easement for drainage and utilities at least tell feet (lQ') "ide ill the five feet (5') wide on either side of an abutting property line shall be provided in the front and side feM' yard 3hall be r>H~. ided al6n~ all let lint:;. If necessary for the extension of water main or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. Lot frontage trees in new developments shall be planted by the developer per the Development Contract on private property eight feet (8') from the front property line and shall be installed in a parallel line to the front lot line. We would like to invite you to a meeting on Tuesday, March 25th at 2 PM at City Hall to discuss this proposal. Please give me your comments concerning the City's 5-foot wide front yard drainage easement proposal if you can't attend. Thanks. Lee Smi~k. AICP City Planner 32.'>> Oak Street Farmington. UN .'>>.'>>024 6.') 1.463.1320 6.')1.463.1611 (Fax. ~ 4/212008 Lee Smick Sent: To: From: Durrah, Deborah L [DLDurrah@minnesotaenergyresources.com] Friday, March 28, 2008 9:21 AM Lee Smick; Tony Wippler; Kevin Schorzman; Dave Sanocki; spariseau@dakotaelectric.com; jon. steiner@frontiercorp.com; chuck. snyder@chartercom.com; susan. m. gille@xcelenergy.com; cknudsen@dakotaelectric.com Cc: Peter Herlofsky Subject: RE: Farmington's Boulevard Tree Policy As far as MERC is concerned, this looks great. Thanks for allowing us be a part of it. You did a great job. Deb From: Lee Smick [mailto:LSmick@CI.FARMINGTON.MN.US] Sent: Thursday, March 27, 2008 4:04 PM To: Tony Wippler; Kevin Schorzman; Dave Sanocki; spariseau@dakotaelectric.com; jon.steiner@frontiercorp.com; Durrah, Deborah L; chuck.snyder@chartercom.com; susan .m.gille@xcelenergy.com; cknudsen@dakotaelectric.com Cc: Peter Herlofsky Subject: RE: Farmington's Boulevard Tree Policy . Hello - The proposed language that we discussed on March 25th has been incorporated into the attached ordinances. Please review the bold sections of the ordinance and ensure that this language is correct. Let me know if you have comments or questions, otherwise I will propose the easement ordinance to the Planning Commission on April 8, 2008 and the easement and the boulevard tree ordinances to the City Council on April 21, 2008. Thanks for all of your help. Lee Smick City Planner 651-463-1820 From: Lee Smick Sent: Tuesday, March 18, 2008 10:35 AM To: Tony Wippler; Kevin Schorzman; Dave Sanocki; 'Sue Pariseau (spariseau@dakotaelectric.com)'; 'Jon Steiner (jon.steiner@frontiercorp.com)'; 'Deb Durrah (dldurrah@wpsr.com)'; 'Chuck Snyder (chuck.snyder@chartercom .com)'; 'susan.m .gille@excelenergy.com'; 'cknudsen@dakotaelectric.com' Cc: Peter Herlofsky Subject: Farmington's Boulevard Tree Policy TO: Utility Companies seNicing Farmington The City is continuing to propose revisions to its Boulevard Tree Policy on all new subdivisions constructed in the community as of April 2008. As you recall, we had correspondence with you in August-October in 2007 about our proposed revisions. The City is continuing to propose that trees will no longer be allowed to be installed within the boulevard between the curb and sidewalk/trails. At that time, we proposed that these trees be installed at 11 feet from the property line, outside of the 10 foot wide front yard drainage and utility easement. . However, the City would like to revise this portion of the proposal to state that "trees may be planted in new subdivisions at 8 feet from the property line", which would mean that the drainage and utility easement in the front yard would be reduced to 5 feet in width. (Please see attached drawing). Proposed language: An easement for drainage and utilities at least ~n feet (lQ') v.idc; in ehe five feet (5') wide on either 4/2/2008 J . Lee Smick From: Knudsen, Craig [CKnudsen@dakotaelectric.com] Sent: Monday, March 31,20088:33 AM To: Lee Smick Subject: RE: Farmington's Boulevard Tree Policy Hi Lee, I had a chance to review the revisions to the Farmington Boulevard Tree Policy and discuss the changes with others here at Dakota Electric Association (DEA). The changes that are reflected in the revised policy are consistent with the changes we discussed at the March 25th meeting by continuing to require the dedication of a 10-foot front drainage and utility easement on residential developments. This change satisfies our concerns for future uses and allows for a long term solution for future replacements. Therefore, please consider this message our concurrence and support of the revised ordinance and policy. In addition I wanted to thank you for involving the utility companies in the review process for the Boulevard Tree Policy. Right of way and easement use can be a hot-button issue to the utilities due to limited availability of space. Your time and efforts to include the utility companies resulted in a policy that represents the best long term interest of all parties involved. Please feel free to contact me at (651) 463-6332 if you have any questions. Thanks, ~ &, 'J:::~ Land Use Manager Dakota Electric Association Phone (651) 463-6332 Fax (651) 463-6256 From: Lee Smick [mailto:LSmick@CI.FARMINGTON.MN.US] Sent: Thursday, March 27, 20084:04 PM To: Tony Wippler; Kevin Schorzman; Dave Sanocki; Pariseau, Sue; jon.steiner@frontiercorp.com; dldurrah@wpsr.com; chuck.snyder@chartercom.com; susan.m.gille@xcelenergy.com; Knudsen, Craig Cc: Peter Herlofsky Subject: RE: Farmington's Boulevard Tree POlicy Hello - The proposed language that we discussed on March 25th has been incorporated into the attached ordinances. Please review the bold sections of the ordinance and ensure that this language is correct. Let me know if you have comments or questions, otherwise I will propose the easement ordinance to the Planning Commission on April 8, 2008 and the easement and the boulevard tree ordinances to the City Council on April 21 , 2008. Thanks for all of your help. Lee Smick City Planner 651-463-1820 From: Lee Smick Sent: Tuesday, March 18, 2008 10:35 AM To: Tony Wippler; Kevin Schorzman; Dave Sanocki; 'Sue Pariseau (spariseau@dakotaelectric.com)'; 'Jon Steiner (jon.steiner@frontiercorp.com)'; 'Deb Durrah (dldurrah@wpsr.com)'; 'Chuck Snyder (chuck.snyder@chartercom.com)'; 'susan.m .gille@excelenergy.com'; 'cknudsen@dakotaeleetric.com' Cc: Peter Herlofsky 4/212008 4 . City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Planning Commission Tony Wippler, Assistant City Planner rf SUBJECT: Variance to the Location of a Wall Sign Applicant: Expressive Embroidery 305 3rd Street Farmington, MN 55024 FROM: DATE: April 8, 2008 INTRODUCTION . The applicant, Expressive Embroidery, is seeking a variance (Exhibit A) from Section lO-6-3 (B) subdivision 3a of the City Code permitting one wall sign per building front in the B-2 Zoning District for the property at 305 3r Street. The variance is to allow a wall sign on a building face that does not front a street. The owner of the property is the City of Farmington's Economic Development Authority [EDA]. The EDA signed the variance application at its regular meeting on March 24, 2008. Expressive Embroidery will be leasing the property. DISCUSSION The zoning code from Section lO-6-3 (B) sub. 3a is as follows: 3. B-l, B-2, B-3, B-4, and I-l Zoning Districts: (a) Wall Signs: One wall sign is permitted per building front as follows for each zoning district: B-2 Zone - l4 percent offa<;ade (300 square foot maximum) Expressive Embroidery is requesting a variance from this code section (Exhibit B, Items l-2) in order to install a business wall sign on a wall that does not front a street. The applicant is proposing a 32 square foot sign (size proposed is an allowable size) to be located on the northwest comer of the building to increase the business' visibility from Elm Street. The north . side of the building does not front a street; therefore, a variance is being requested. . . . When the building was previously occupied as a liquor store a sign was located in the general area where the applicant is proposing the new sign. However, staff could not find any documentation that a sign permit was obtained for that signage. The City Code provides the following criteria that must be met for a variance to be approved: l. 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. This property is located in the downtown business district which allows for buildings to be constructed up to the property lines. Visibility of the "front" of the building from Elm Street is limited. However, visibility of the north face of the building is greater from Elm Street due to the setback of the Subway building. At this time, the applicant is only proposing this one wall sign for this building. Any additional signage, including window signs, will require an additional sign permit. 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. The hardship issue for visibility and the north side of the building not fronting a street are unique to this property. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the parcel of land. The hardship of visibility was not created by the applicant. 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. The variance will not alter the essential character of the locality or be injurious to other property in the vicinity. Also, as previously mentioned, a sign was located in the same general location as being proposed with this application. 5. 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 would not create any of the above-mentioned adverse effects. 6. The requested variance is the minimum action required to eliminate the hardship. In order to assist with the visibility of the building, a sign is proposed on the north side of the building not fronting a street in order to eliminate the hardship. ACTION REQUESTED Approve the variance request to allow a wall sign on a building face that does not front a street within the B-2 Zoning District in order to eliminate the visibility hardship. Respectfully submitted, ..---r-- (" !o~~stant City Planner Cc: Expressive Embroidery, Inc. . . t 2,),1- !Z! i'/{,. (Xc t.."D(;{(cfti COI;"I (2-/. Ctr;'&v. fx.1I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us II II VARIANCE APPLICATION Applicant: 0pv-t: 5S/tJt ZVYlb R.Ot /)'ir'1 Telephone: ~ 4t,o - 33>3L" Fax: <-J Address: 305 3~ <:;:r Ff}R-YY1{N1~~ WlJJ 55021-/ Street City State Zip Code vwner ~Cr2Dl'9--''''~~~5Phone:~_UIFS1-tf.('f~'/~''Oh: ~ Ltlt)),-\~.\ \ Address: . 5"1. M/ltII '/Vcr tc:>tJ vll1 /lJ 55 02- t./ Street City State Zip Code ft~ I .. \ I ( . I Premises Involved: 305 3- % S SZ,~ of 1\..1 103.5 0(- 110 of L<'Ts 5 ~ \p BLK:.;?3 Address! Legal D scription (lot, block, plat name, section, tovrnship, range) Current Zoning District COVh rn '1: reI h Current Land Use \J~ <.~,.rr Specific Nature of Request Claimed Hardship: ~;LO I~ Wi\IoJ'T 'Lt> Pa~n: ~ S\ .~ ~O{l.:r A-~t.~ 70 wtlrLL. oN SUBMITTAL REQUIREMENTS o Proof of Ovrnership llApplication Fee ($200) o Bou i::lary I Lot Survey PROP \:.It-Tt' 0\.0 N'i itS fA\2.Yvl' tJC('PJ ~ lJA o Copies of Site Plan o AbstractlResidential List (adjoining property ovrners only) o Torrens (Ovrner's Duplicate Certificate of Title Required) 3/21 db Date R.equest Submi~~dtOthe P]+~ing Commissioll on P1:tl?1ic !l:~ll.ring Setfor: . .. ... ..... For office use only Adv~rlised in LocalNewspaper: <",,::>,/,.':, . ,..::"" ,-~' _.-- _::",', ,',<,',: Phmning CoiniIlission ,ActioIl: ,. . CommentS:' . Approved Conditions Set: Planning division: Date:. 9/06 ~~ ~ I!l , !!!:= ::: ----- EX.8-1 . r.: ~' f. >(,~ , r' [ t .... ~: ..'~ 1 f,' .... r.:.-.l r~l ~..-\ ~ .~ r.-' '- l. : Qt? ~ ,. ~ ,- ~ ~ ~"l. <if*' ..,'" J > II , .~ . : ~ it! " . "Il." I~' lt~~J <:t; IJ.' II' ':I\'- 'J · (,.,I', E~...,; ", ,I I , . '~!)' ~ ;1"'. <' . . ~. ~ . li-il,. .::;.. f ~~, \~.. . . ",,"'j.~ ...._....lo-,.. i , iJ~ .,. ~. ,~ 1 . .t:. ~ '-"1'. , i ''f'~ '" t, ~/ .] ~ ~ \ I ~... . '" \ \ .....4 I \ \ \ . '... .. \ . . . . City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP .. q V City Planner ,J~() SUBJECT: Conditional Use Permit Discussion - Impound Lot DATE: April 8, 2008 INTRODUCTION The applicant, Steve Lorenz, has submitted an application for a Conditional Use Permit to open an impound lot at 22068 Canton Court (Exhibit A). The property is zoned B-3 (Heavy Business). This is a discussion item since a public hearing notice was not published in the newspaper. The CUP will be reviewed as a public hearing on April 22, 2008 at a Special Meeting. DISCUSSION On March 3,2008, the City Council approved the use of an impound lot as conditional in the B-3 zoning district. The following language (Exhibit B) was approved at that time: Impound Lot: Any structure or land devoted principally to the storage of impounded vehicles or recreational vehicles with or without an office on the premises for the release of those types of vehicles. The impounded vehicles need to be parked in a building or in the rear of a building and any outside parking needs to be lOO% screened. Therefore, Mr. Lorenz is requesting that the Planning Commission review his Conditional Use application on April 8, 2008, and approve the CUP on April 22, 2008. The impound lot operation will consist of an impound/towing use where cars are either impounded on the lot at 22068 Canton Court upon police direction or autos are towed to a repair shop. The hours of operation are 24 hours a day, 7 days a week. There will be staff members on site at all times. Mr. Lorenz currently has a staff of lO and owns 5 trucks for towing autos. Mr. Lorenz is renting half of the existing building with an interior space of 5000 square feet (Exhibit C). The rented space is at the south side of the building. Some cars will be stored inside of the building for security purposes, however, most of the impounded cars will be parked at the rear of the building located on the east side of the property. The cars parked outside will be . . . parked on the existing class 5 material. Mr. Lorenz proposes to screen the east, south, and west sides of the fence with brown slats. Because the impound business will be operated at the south end of the building, no screening will be required on the north side of the lot since the current property owner still owns a business in the north side of the building. Security lights currently exist on the building and will light the outside impound lot. Security cameras will also be mounted to the building. ACTION REQUESTED Review the Conditional Use Permit application and determine if the proposed impound lot could be approved on April 22, 2008 at a Special Public Hearing. ;?~ Lee Smick, AICP City Planner Cc: Steve Lorenz . . . G~ ..#!J CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 008-580 AN ORDINANCE AMENDING IN SECTION 10-2-1 AND SECTION 10-5- 15 (C) 1 TO DEFINE IMPOUND LOT AND ALLOW AS A CONDITIONAL USE IN THE B-3 (HEAVY BUSINESS) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The City of Farmington City Code, Section lO-2-l, Definitions, is amended by adding the underlined language and deleting the strikethrough language as follows: Impound Lot: Any structure or land devoted principally to the storage of impounded vehicles or recreational vehicles with or without an office on the premises for the release of those types of vehicles. The impounded vehicles need to be parked in a building or in the rear of a building and any outside parking needs to be 100% screened. SECTION 2. The City of Farmington City Code, Section 1O-5-l5 (c) l, B-3 Zoning District, is amended by adding the underlined language and deleting the strikethrough language as follows: B-3 Zoning District - Conditional Uses Impound Lot SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 3rd day of March, 2008, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Kevan Soderberg, Mayor ATTEST: By: Peter Herlofsky, City Administrator . SEAL Approved as to form the _ day of March 2008. By: City Attorney Published in the Farmington Independent the _ day of , 2008. . . Oblique Aerials I~ages courtesy of: Microsoft@ Virtual Earth ™ Flight Dates: Spring of 2005 & 2006 2006 "~~ G- ;~\'" e::;, J ..... ["...... . ..~. '" .<~,.t;;i'...} Print . "" '" ;;: !;, . --.. .' .)> J.." ""'" ~ . .,!II" ,,,...... .* . II. ....""'-. &-l")",,=- ~ -'.. . t.,~ ...... ...~~ ' ";. . Ii "~~. - " _'" ...~..".. 4_ '. ,;..... _ ',..,,,.'f.k-, .. · \" tl.. ; A 1 ."'. ....,. \-' J,...., '''~' ".:';"'" '.. . ~; '" ..... "'t1( ,t ..;..Wlf # . . . . . . . .