HomeMy WebLinkAbout11/13/07
City of Farmington
325 Oak Street
Farmington, MN 55024
.
AGENDA
PLANNING COMMISSION
November 13, 2007
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) October 9, 2007
3. CONTINUED BUSINESS PUBLIC HEARINGS
a) Bischel-Sperling Preliminary and Final Plat
Applicant: Michael Bischel and Kimberly Sperling
PO Box 194
I. Farmington, MN 55024
A Proud Past - A Promising Future
Committed to Providing High QJlality,
Timely and Responsive Service to All
Of Our Customers
b) Findings of Fact - Variance Request to Encroach into Drainage & Utility Easement - 19874 Dover
Drive
4. DISCUSSION
a) Development Review Process
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 tJ'i
City Planner ~
FROM:
SUBJECT:
Bischel Sperling Addition Preliminary & Final Plat
DATE:
November 13, 2007
INTRODUCTIONIDISCUSSION
This is a continuation of the review of the Bischel Sperling Addition Preliminary & Final Plat
Exhibits A-D). A revised plat was submitted to the City on October 9, 2007. The following
information describes the plat:
. Total Acres = 0.86
Lot Area (Exhibit E)
Lot 1 = 6,011 sf for single-family use
Lot 2 = 14,861 sf for two-family use
Lot 3 = 12,208 sf for two-family use
Lot area meets all requirement of Code - SF minimum lot area = 6,000 sf, Two-Family
minimum lot area = 11,000 sf - Two-family buildings are proposed at 3,658 sfin size (Exhibit F)
Lot Width
Lot 1 width at front yard setback = 69 feet
Lot 2 width at front yard setback = 109 feet
Lot 3 width at front yard setback = 75 feet
Lot widths meet all requirements of Code - SF minimum lot width = 60 feet, Two-Family
minimum lot width = 75 feet
Net Density = 5 units/0.86 acres = 5.81 dulac
Max Net density = 6.5 dulac, meets Code
Setbacks = All setbacks meet City standards or exceed setbacks for SF = 20 feet in front, 6 feet
on side/rear. For Two-Family setbacks are 20 feet in front, 6 feet side/rear.
.
Lot coverage meets all City standards of30% in R-2 zone.
Lot 1 - SF = 1,800 sf/6,011 sf= 30%
.
.
.
Lot 2 - Two-Family = 3,658 sf/14,861 = 24.6%
Lot 3 - Two-Family = 3,658 sf/12,208 sf= 30%
The Planning staff has determined that general standards for lot area, setbacks, uses, net density,
and lot coverage have been met. Engineering states that the proposed 26- foot wide private street
and turnaround meet city standards. The volumes are acceptable.
Planning staff received questions in writing from Larry and Shannon Walsh at the September 11,
2007 Planning Commission meeting (Exhibit G). A written response to them is submitted with
this memo (Exhibit H).
Planning staff is concerned about the following issues:
1. In the Easement and Covenant Agreement (Exhibit I), the owners of Lot 2 are solely
responsible for the performance of all driveway maintenance on Lot 2 and 3. The cost of
all driveway maintenance on Lot 2 and Lot 3 shall be divided equally among the owners
of Lot 1, Lot 2, and Lot 3. The driveway maintenance includes all repairs, resurfacing,
cleaning, clearing, snow/ice removal, maintenance, and replacement of driveway.
Therefore, long term maintenance of the private road and turnaround is an issue because
of the following:
The burden of maintenance is left to the property owners of Lot 2 with costs only
required by Lot 1 and Lot 3 owners.
The burden is left to the property owners of Lot 2 to ensure that the private drive
and turnaround remains open for emergency access from cars that have parked in
these locations and lor snow that has not been plowed.
If Lot 2 does not perform the driveway maintenance as required, then the owners
of Lot 1 and 3 needs to commence the performance of the driveway maintenance
and charge Lot 2.
The Planning staff sees this maintenance agreement as an overburden to Lot 2. This is
the difficulty with small developments and easement and covenant agreements. The
performance burden will be solely the responsibility of two property owners rather than
in a typical HOA where the burden is spread over a much larger number of homeowners
(i.e., Sunrise Ponds, Middle Creek East, etc.).
2. A total of 40 of the 42 properties on Second Street are single-family uses. All properties
face Second Street and have only one house per lot. The two homes that are not single-
family are a triplex and twin home that "look" like single-family homes. The proposed
two-family homes do not look like any other single family home in this neighborhood.
Additionally, there has been concern about the correct definition of a public street versus a
private street versus a driveway (Exhibit J). Staff realizes that the Code is somewhat ambiguous
to what a city approved street is, however, as shown on Exhibit K, a private street is an approved
street in the Engineering Standard Detail Plates. The proposed accessway to the 3 lots on the
Bischel-Sperling Plat meet these standards.
These issues should be discussed amongst the Planning Commissioners and a decision should be
determined as to the approval or denial of this development.
. ACTION REQUESTED
Make one the following recommendations concerning the Bischel-Sperling Preliminary & Final
Plat:
1. Recommend approval of the Bischel-Sperling Preliminary & Final Plat and send the
recommendation to the City Council for review on November 19, 2007.
2. Recommend denial of the Bischel-Sperling Preliminary & Final Plat and request that City
staff prepare findings of fact to be sent to the City Council for review on December 3,
2007.
Respectfully submitted,
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Lee Smick, AICP
City Planner
.
Cc: Michael Bischel
Kimberly Sperling
Larry & Shannon Walsh
.
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ex. I
10-5-7: R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT:
(A)Purpose: The R-2 low/medium density residential district is intended as an area which
incorporates older existing development as well as undeveloped land suitable for single-
and two-family development that are served with full public utilities. (Ord. 002-469, 2-19-
2002)
(B) Bulk And Density Standards:
1. Minimum Standards:
Lot area
Single-family 6,000 square feet
Twin home 11,000 square feet
Two-family 11,000 square feet
Other 11,000 square feet
Lot width
Single-family 60 feet
Twin home 37.5 feet
Two-family 75 feet
Front yard setback 20 feet
Side yard setback
Single-family 6 feet
Twin home 6 feet and 0 feet
Two-family 6 feet
Rear yard setback
Single-family 6 feet
Twin home 6 feet
Two-family 6 feet
Townhouse 10 feet
Height (maximum) 35 feet
. Maximum lot coverage of all structures 30 percent
Net dwelling units per acre (maximum)
Single-family 5.5
Twin home 6.5
Two-family 6.5
All standards are minimum requirements unless noted.
2. Accessory Structure Standards: Accessory structures must be located behind principal
structure in the side or rear yard according to the following requirements:
Maximum size
Detached garages
Lots up to 0.5 acre Lesser of 1,000 square feet or
.
square feet of principal use
Lots 0.5 to 1 acre Lesser of 1,250 square feet or
square feet of principal use
Lots 1.0 acre + Lesser of 1.500 square feet or
square feet of principal use
Storage 120 square feet
Apartment 1,800 square feet
Maximum number 1 of each
Side yard setback 6 feet
Rear yard setback
.
With alley 10 feet
Without alley 3 feet
Height (maximum) shed 12 feet
Height (maximum) garage 20 feet
. All standards are minimum requirements unless noted.
3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor
arterial streets shall be fifty feet (50') from the planned right of way line. (Ord. 002-469, 2-
19-2002; amd. Ord. 004-514, 8-2-2004)
(C)Uses:
1. Permitted:
Daycare facilities, in home.
Dwellings, single-family.
Dwellings, twin home.
Dwellings, two-family.
Group daycare, 12 or less persons.
Group home, 6 or less persons.
. Public parks and playgrounds.
2. Conditional:
Accessory apartment.
Bed and breakfast.
Cemeteries.
Churches.
Clinics.
Funeral homes.
Group homes, commercial.
Hospitals.
Nursing homes.
. Public and parochial schools.
Public buildings.
Public utility buildings.
. 3. Accessory:
Accessory structures.
Home occupations.
Solar energy systems. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002)
.
.
.
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0 0
0 0
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.
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v V
62.00
.
ex.F
.
.
.
Ex. 6-
Response to City's Answers to our questions concerns presented at September 11,
2007 public hearing.
Item A
1. City admits that the lot square footage calculations include the private street and
easement. City Code 11-1-6 states as part of the questions, specifically states that
"no part of a right of way, street, crosswalk or easement other than utility may be
included. The city's lot area calculations are illegal.
2. Square footage of garage on lot I? Why is square footage not known? Why
wasn't it included on the August 31, 2007 submission deadline? Lot 1 garage
does not meet city code minimum. This is illegal.
3. Asked where and estimated how much snow being removed from driveway was
going to be stored. City has no idea how much or where, this is incomplete
planning.
4. Asked for city's calculations for how they reached their conclusions for lot sizes,
net density, structural coverage density, want to know mathematical formulas,
figures, etc. as to how they calculated these final figures?
5. City states that storm water draining onto railroad right of way is minor and
allowable. City's engineering department states that it is not allowed to flow at
all onto railroad right of way (Item #10, letter dates August 9,2007) which is
correct? What is the legal definition of "minor"? How is "minor" flowage
calculated?
6. lfthe maximum number of persons allowed to occupy a particular dwelling is: "4
unrelated persons for each unit" how many "related" persons are allowed? Where
does the city get these figures? How does the city regulate and ensure
compliance?
7. City's response that garbage will be pick up garbage at curb-what curb? Is the
private driveway going to have curbs or is Second Street the nearest public street?
Please explain the entire plan for garbage pickup.
Item B (Answered maybe to yes or no questions)
The question is, if set backs are in code/rules regulations, do these items meet
requirements? Yes or no, not maybe.
Item C
Refuses to address and answer to each specific question. Please answer the specific
questions.
Item D
Request for neighborhood survey- Does the answer mean yes or not? Ifnot, why?
1
.
Details of developers addressing engineering issues not attached. Please answer
Request for historical survey - does the answer mean yes or no. If no, why was the
planning commission not consulted about the decision.
City Code 11-4-2 (A) - "Area" the minimum lot area, WIDTH and DEPTH shall not
be less than established by the city zoning ordinance at the time of adoption. What is
the minimum width and depth requirement?
#9 not answered. Please answer
#10 Not attached, answer please.
Item E
Noted but ignored. Violations continue.
Item F
Outlot vs. easement was decision made by the city attorney and only the city attorney.
Sketch plan was not approved by the planning commission.
.
Item G
Not true. Staff does not review, staff does not discuss with complaints.
Item I
Page and a half of legal reason for planning commission not to approve this proposal,
none of which none are rebutted by staff, none.
Additional reasons why planning commission should not approve plan.
. There is no place for storage of snow removed from private drive/private
driveway/ private road! private street. If it is piled on the north it will be on the
neighbors property, the west, the rail road right of way, to the south on the storm
water catch basin and to the east on 2nd Street. Due to poor planning there is no
place to store snow.
. City's net density calculations do not comply with city code, all lots exceed the
maximum number of units allowed.
. City's structural coverage density calculations do not comply with code, lot 2 and
lot 3 exceed the maximum percentage allowed, lot 1 cannot be calculated until
they know the size of the garage.
.
2
. 1.
. 5.
.
Questions in addition to those submitted at September 11, 2007 public hearing.
When Ms. Smick and Chairman Rotty offered to facilitate a meeting between the developer and
the City attorney at the July 2007 Planning Commission meeting was it intended and or
conveyed to the developer that they would have to pay the attorney to attend this meeting?
2. Was it the understanding of the other commissioners present at the July 2007 meeting that the
developers would have to pay for the above meeting?
3. When Ms. Smick offered a meeting between the developers and the City engineers on August
24, 2007 did she intend and or already convey to the developers that they would have to pay the
engineers to attend the meeting? The Planning Commission directed staff at the July 10th meeting to
discuss the outlot VS. easement issue with the City Attorney at a meeting with the developers, Email from
Lee Smick, July 31, 2007
4. Landscape plan?
- Shows no final grades as per City Code 10-6-10 (C) 3.
Does not show location of existing or proposed property structure, sidewalks, refuse disposal
areas, storm drainage system, etc. as per City code 10-6-10 (C) 4.
Does not show location, size, type of all overhead, at grade and underground utilities as per
10-6-10 (C) 5.
Does not show method of protecting existing vegetation 10-6-10 (C) 9.
Does not show water permeability test results as required by 10-6-10 (C) 10.
Would the bankruptcy of a covenant result in a tax forfeiture situation?
6.
The easement vs. outlot decision was made to prevent a tax forfeiture situation. What protection
would a homeowners association comprised of four senior citizen property owners have if the
association failed to pay property taxes?
7.
Who enforces a covenant? What is the penalty for violations (parking, snow removal, failing
landscape drains, etc.)?
8.
If the lots are intended to be owned by an association forever how can they meet the requirement
that it is intended as a unit for transfer of ownership as required by City Code 10-2-1?
9.
Why are some calculations on three lots combined and others are done on the three individuals
lots? Why the inconsistency? If the plan is to divide the lot three times, why does the City make
calculations on a single lot that will no longer exist instead of on the individual lots?
10.
If the City is truly committed to preservation and not just giving lip service to the concept why
has no one, anywhere throughout this process ever considered rehabilitation and preservation of
the existing structure? Why must it be destroyed?
11.
When Ms. Sperling spoke at the September 11, 2007 Planning Commission meeting she
mentioned the ongoing and repeated complaints by the neighbors and looked over at the two
neighbors in attendance. Exactly what complaints and which neighbors was she referring to?
How many ofthe complaints were found to be substantiated?
1
.
.
.
12.
In her email dated July 31, 2007 at 2: 13 p.m. the city planner stated that all of the information
discussed at the meeting of the developer/city attorney meeting concerning the outlot vs.
easement would "be brought forth at the planning commission meeting when the plat is reviewed
at a future public hearing". Why was none of this information brought up at the September 11,
2007 meeting and when will it be done?
Comments in addition to those submitted at September 11,2007 public hearing
1. At the September 11, 2007 public hearing Mr. Michael Kiser spoke to the commission and stated
that it was his understanding that this proposal was dead due to the outlot requirement and the
fact that the developer could not meet the land requirements. He was surprised to receive notice
of the same development was now going to final plat. He thought it was a dead issue.
We believe, based on comments made by Ms. Sperling at the September Planning Commission
meeting that the reason for new life of this redevelopment was because the developers paid the
City Attorney to reserve the City's position on outlot vs. easement. Twice Ms. Sperling made
sure to tell everyone that they paid for the meeting and for the change.
2.
We repeatedly called the City Hall Offices on Friday, September 7, 2007 to ask questions and get
information about this plat. None of the calls were answered as apparently everyone was out of
the office that day. As a result, the public actually only had two days to research, review and
prepare for the September 11,2007. Not a fair situation.
3. Placing this public hearing as the last agenda item at the September 11, 2007 Planning Council
meting was done intentionally. One could have predicted and in fact more residents attended the
meeting for this item. Making them wait through half a dozen other mundane hearings which no
public spoke to was intentionally done to deter and in hope that impatient tired persons would
not come or leave early making it easier to railroad this item through the process.
4. The developer referred to the rehab of several houses on Second Street. We mentioned those
same four houses in our comments to you. What we didn't outline was the fact that all four of
these properties were and remain single family homes. As such they have not required lot
splitting, private drives, special covenants, or complete demolition of the entire existing lot.
Instead they retain the character of our street by providing updated housing for a single family.
This proposal is completely contradictory to these properties.
5. Property owner is now intentionally bringing in refuse and dumping it on the property to
deliberately make the property look rundown in an attempt to sway public officials to support the
redevelopment at any cost. The public officials are playing right along by ignoring the ongoing
and intentional illegal situations in their bias favoritism to the developer.
6.
At the September II, 2007 Planning Commission meeting when the city planner became aware
of the miscalculation of structural coverage density instead of sending the plan back to the
developer for corrections she instead started redrawing property lines in an effort to push the
plan through the commission. Her actions showed once again the bias in favor ofthe developer
to do whatever is necessary to railroad this project through the process.
2
.
.
.
7.
Mr. Vogel and the City's choice to represent "historical" structure of Dakota City in the City of
Farmington - A Guide to the Comprehensive and Plan (see Item #7) was the Drug Store. If they
had done their research instead of making their choice based on looks they would have
discovered that this building was built in 1966 and the front fac;ade was redone in 1999-2000.
There is in fact nothing historical about this building proving that you cannot tell the history of a
structure by looking at it.
8. The developers (Ms. Sperling) references to the neighbors being unable to accept change and
being closed minded and anti-redevelopment are completely false and we resent being
characterized as such. A majority of our questions, concerns and complaints have been about the
process and the legalities of the plan.
She failed to address any of these types of concerns in her remarks to the commission,
additionally, no one from the City of Farmington in the month since has done anything to
address our issues. If she is unable to defend her project she then must attack the neighbors. Or,
if you don't like the message, shoot the messenger.
9. Different items required of preliminary plat/final plat were not submitted or completed as of
August 31, 2007 the official completion date after three deadline extensions from the city. As of
October 5,2007 these items were still not submitted.
10.
The public was given no notice of when the public hearing would be reconvened. Adjacent
property were give no notice either. We were only given two working days notice, this is unfair
to public and again shows city's bias in favor of developer.
Additional reasons why current conditions at 808 Second Street will not be allowed to continue
1. Resident using property without City garbage (or any other) garbage removal system.
2. Continued dumping of off-site refuse and construction debris onto the property.
3. Refuse stored outside.
4. The owner still cannot understand despite being told numerous time not to park or allow others
to park vehicles on the lawn.
3
.
.
.
16
I+-e~'V\-==#7'
~ armingtoll is your City and its people call make tlte difference in all
areas of the community. If you have any questions, comments or
concerns, please do not ltestitate to contact tire Community Development
Department at 651-463-1820 or e-mail us at. www. ci.farmillgtoll.1nn. us for furtller
illformation. We look forward to hearing from you.
Jerry Ristow, Mayor
Lacelle Cordes, Councilmember
Kevan Soderberg, Councilmember
Steve Strachan, Councilmember
Terry Verch, Councilmember
Dirk Rotty, Planning Commission Chair
Todd Larson, Planning Commissioner
Chaz Johnson, Planning Commissioner
Dan Privette, Planning Commissioner
Ben Barker, Planning Commissioner
Dawn Johnson, Parks & Rec Chair
Bob Shirley, Water Board Chair
Bev Marben, Heritage Preservation Chair
Todd Arey, HRA Chair
John Erar, City Administrator
Dave Olson, Community Development
Lee Mann, City Engineer
Jim Bell, Parks & Recreation
Robin Roland, Finance Director
Missie Kohlbeck, Senior Center
Dan Siebenaler, Chief of Police
Karen Finstuen, Administrative Services
Lee Smick, Planning Coordinator
Mike Schultz, Associate Planner
Joy Lillejord, Rec Program Supervisor
Bob Vogel, Heritage Preservation
City of Farmington
A Guide to the Comprehensive Plan
Published by the City of Farmington
325 Oak Street Farmington, MN 55024
PRSRT STD
US. Postage P!id
eMf
Farmington, MN
Permit #47
The City has also determined that Dakota Village can be utilized to enhance the'
downtown business district and provide an important entrance into downtown ~
from the south. Dakota Village can be promoted year_,
round as an important location for events, festivals and
community activities. Historic tours between the City and Dakota
Village will enhance the history of the community and assist in
continuing the small town character of Farmington.
\
ex. II
. November 2, 2007
To Planning Commission and Mr. and Mrs. Walsh,
Response to Walsh's Questions as submitted to the City on October 9, 2007.
Item A
1. The easement that is shown on the Bischel-Sperling Plat is a drainage and utility
easement and therefore, is included as within the lot calculations. Lot 1 = 6,011
sf, Lot 2 = 14,861 sf, Lot 3 = 12,208 sf. The minimum lot size for a single-family
in the R-2 zone is 6,000 sf, and for a duplex in the R-2 zone is 11,000 sf. The
proposed lot sizes meet the minimum requirements for lot sizes in an R-2 district.
2. The lot coverage in the R-2 zone is 30% which allows for an 1803.3 sfbuilding.
A builder cannot go beyond that square-footage figure. A garage of at least 300 sf
is required or 440 sf feet if the single-family dwelling does not have a basement.
(See code requirement below). These issues are reviewed during the building
permit stage ofthe process.
.
11-4-1 (G) Single- and two-family dwellings shall be erected over a basement and
include a single car garage of at least three hundred (300) square feet. If a
basement is either not possible or not desired, the construction shall include a
double car garage of at least four hundred forty (440) square feet.
3. Snow coverage is an issue. The developer needs to address this item.
4. Receive lot sizes from a Certified Land Surveyor. Net density is calculated by
taking the number of proposed units divided by the existing lot size (0.86). 5
units/0.86 acres = 5.81 dwelling units per acre which meets the maximum
requirement of a net density of 6.5 dulacre.
5. The "minor" flow means that the existing flow that is currently there will be
maintained.
6. Code 10-2-1 states the following:
FAMILY: One or more persons related by blood, marriage, adoption or foster
parent relationships occupying a dwelling and living as a single housekeeping
unit, or a group of not more than four (4) persons not so related, maintaining a
common household and using common cooking facilities. Family does not
include any society, fraternity, sorority, club, association or other like
organization.
.
This is a common requirement across the metro and the nation. The city regulates
this through the complaint process.
.
7. The Solid Waste Supervisor is requiring that the garage be brought to the curb of
2nd Street for pickup. 2nd Street is a public street.
Item B
The setbacks are being met with this project.
Item C
As stated before, Section 10-4-1 (E) states the following: Rear and side yard lot
lines abutting a railroad right of way are exempt from rear and side yard setbacks
in all districts. The tracks closet to the proposed duplex is not used, as shown on
the plat. The track that is in use is 57 feet from the closest comer of the duplex to
the utilized tracks.
Item D
A neighborhood survey was not performed. The neighborhood has the
opportunity to discuss its issues with the Planning Commission during the public
hearing.
.
The engineering staff has reviewed the October 9th submittal of the plat and all of
the engineering issues have been addressed.
The property is not historically valuable because of the many revisions to the
building. The Heritage Preservation Committee and Consultant do not see this
property as historically significant. No other review is required. The HPC
oversees any historically significant issues in the city and makes
recommendations to the Planning Commission and City Council.
The definition of lot area: The area of a lot in the horizontal plane bounded by the
lot lines but not including any area occupied by the waters of a lake or river or
area which has been dedicated or intended as an easement for a public
thoroughfare or road.
The minimum lot width of a single-family use is 60 feet and for a duplex is 75
feet. Lot depth is not required in the city code - the minimum lot area needs to
met, therefore, the width multiplied by the depth needs to meet the minimum lot
area requirement in the R-2 zone.
.
#9 - 11-4-2 (D) Frontage: Every lot must have the minimum frontage on a city
approved street other than an alley, as required in the city zoning ordinance. Each
district in Title 10 Chapter 5 sets the minimum lot frontage on a city approved
street. The Planning Commission and City Council need to determine what a city
approved street is.
.
#10 - The engineering and planning staff comments dated August 9, 2007 were
attached to the document submitted by the Walsh's.
Questions in addition to those submitted at September 11, 2007 public
hearing.
.
1. The developer was told that they had to pay for the City Attorney to meet with
them based on the City Fee Schedule.
2. It is not required that the commissioners know that the developer has to pay
for a meeting with the City Attorney based on the City Fee Schedule.
3. Yes. The developers needed to decide if they wanted to meet with the City
Attorney and pay the fee based on the City Fee Schedule.
4. All landscape requirements have been met on the plan and/or the grading!
utility plans.
5. Need to discuss with City Attorney.
6. Need to discuss with City Attorney.
7. A covenant is enforced by the property owners who have signed the easement
and covenant agreement. Any parking violations in the turnaround are
violations of the fire code and the police need to be called. The owners deal
with all other issues.
8. 10-2-1 defines HOMEOWNERS' ASSOCIATION: An organization
consisting exclusively of all unit owners which possesses certain powers and
authority over common elements in planned unit developments,
condominiums, townhomes or other property. The transfer of a unit would
require a new homeowner to sign the easement agreement.
9. This is a new development. Therefore, the existing lot (0.86 acres) is
reviewed for net density to determine how many units any be proposed for the
existing lot. Platting then allows a developer to split the lot into 5 units, or in
this case 3 lots since the developer wants to develop 2 duplex units.
10. As stated previously, this property does not have historic significance deemed
by the Heritage Preservation Commission to become a historic landmark.
11. No comment.
12. The easement vs. outlot issue was discussed at the September 11, 2007
meeting.
Comments in addition to those submitted at September 11, 2007 public hearing
.
1. No comment.
2. State statute requires a 10-day notice to surrounding property owners within
350 feet of the proposed development. The public hearing notices were sent
on August 30, 2007.
3. The Planning Commission requires that continued hearings be addressed
before any new hearings are discussed.
4. Noted.
5. No complaint has been officially received by the City in order to review these
problems.
.
6. Actually, the City Planner admitted to the miscalculation during her
presentation and corrected the mistake stating that the duplex on Lot 3 was
over the lot coverage maximum and does not meet City standards.
7. Actually, this photo was included because it's part of Dakota Village and the
City was trying to promote that location for events, festivals and community
activities.
8. No comment.
9. I don't know which items you are referring to that are missing.
10. Please read Item #2 above.
Respectfully submitted,
a&~
Lee Smick, AICP
City Planner
.
.
.
.
.
EX. I
DECLARATION OF EASE:MENTS AND COVENANTS
This Declaration of Easements and Covenants ("Declaration") is made this day by
Bischel-Sperling, L.L.C., a Minnesota liuuted liability company ("Declarant").
WHEREAS, Declarant is the fee title holder of real property in Dakota County,
Minnesota, legally described as follows:
Lot 1, Block 1, Bischel Sperling Addition
("Lot 1 n); and
Lot 2, Block 1, Bischel Sperling Addition
("Lot 2"); and
Lot 3, Block 1, Bischel Sperling Addition
("Lot 3 n); and
WHEREAS, Declarant desires to establish pennanent easements for ingress and egress
purposes and driveway maintenance covenants for the benefit of Lot 1, Lot 2 and Lot 3;
NOW, THEREFORE, Declarant declares as follows:
1. Declarant hereby establishes a perpetual non-exclusive easement for pedesuiall
and vehicular ingress and egress purposes over and across certain portions of Lot 2 as depicted
.
.
.
on "Exhibit A" attached hereto and incorporated herein, for the benefit of Declarant and the
subsequent owners and occupants from time to time of Lot 1 and Lot 3.
2. Declarant hereby establishes a perpetual non-exclusive easement for pedestrian
and vehicular ingress and egress purposes over certain portions of Lot 3 as depicted on
"Exhibit A", for the benefit of Declarant and the subsequent owners and occupants from time to
time of Lot 1 and Lot 2.
3. The easements created by this Declaration are perpetual easements, running with
the land and binding upon Declarant and its successors and assigns and shall benefit the owners
of Lot 1, Lot 2 and Lot 3 and their respective tenants, guests, invitees, heirs, successors and
assigns.
4. The owner of each Lot shall use the easements created herein for the purposes of
vehicular and pedestrian ingress and egress only, and shall not obstruct or block the driveway
located within the easements created herein.
5. The owner of Lot 2 shall be solely responsible for the performance of all
Driveway Maintenance on Lot 2 and Lot 3. The cost of all Driveway Maintenance on Lot 2 and
Lot 3 shall be divided equally anlOng the owners of Lot 1, Lot 2 and Lot 3, with the owner of
each Lot being responsible for one-third (113) of such cost. "Driveway Maintel;lance" includes
all repairs, resurfacing, cleaning, clearing, snow/ice removal, maintenance, and replacements of
the driveway located within the easements created herein now or in the future (the "Driveway")
or any part thereof, which are reasonably necessary to maintain such Driveway in good order and
a safe condition and in compliance with all applicable governmental laws and regulations.
On or before January 1 of each year, the owners of Lot 1, Lot 2 and Lot 3 shall agree on a
budget reflecting the estimated Driveway Maintenance costs for the following twelve month
- 2 -
. period, together with the reasonable amounts considered to be necessary for reserves for such
things as maintenance, alterations and improvements, reconstruction and repair, and
emergencies. So long as the Lot 2 Ov,rner is perfomling the Driveway Maintenance as required
herein, the owners of Lot 1 and Lot 3 shall each contribute their share of such expenses on a
quarterly or other regular basis as may be agreed upon by the owners. The failure to prepare a
budget as described above shall not constitute a waiver or release in any malll1er of the obligation
to pay the costs of the Driveway MaintenallCe, whenever the Sallle shall be determined, and in
the absence of an annual budget, the owners of Lot 1 and Lot 3 shall continue to pay the costs of
the Driveway Maintenance at the then existing rate. As soon as reasonably practicable after the
end of each calendar year, the owner of Lot 2 shall nlluish to the owners of Lot 1 and Lot 3 a
statement setting fOlih the actual Driveway Maintenance costs for the previous calendar year
(including additions to fund adequate reserves), together with such supporting documentation as
may be reasonably requested. Within thiliy (30) days thereafter, the owners of Lot 1 and Lot 3
shall pay their share of the difference between such actual and estimated Driveway Maintenance
costs. In the event that the owner of Lot 1 or the owner of Lot 3 overpaid its share of the
Driveway Maintenance costs, such overpayment shall be used to reduce the estimated amount to
be paid by such owner for the next calendar year.
If the owner of Lot 2 defaults in any obligation hereunder and such default is not cured
within thirty (30) days after written notice thereof (or such longer period as may be necessary to
cure such default provided the owner of Lot 2 commences to cure within said thirty (30) day
period alld thereafter diligently prosecutes such cure to completion), then the owner of Lot 1 or
the owner of Lot 3 shall be entitled to cure the default and charge the cost thereof to the owner of
Lot 2, and all such costs shall be payable on demand. Nonvithstanding the foregoing, thhiy (30)
.
.
- 3 -
. days advance notice shall not be required in the case of necessary cleaning, snow removal or ice
removal, and if the owner of Lot 2 fails to commence the performance of such activities within a
reasonable time, the owner of Lot 1 or the owner of Lot 3 may commence the perfolTIlCU1ce of
such activities inunediately follDwing verbal notice to the owner of Lot 2. All costs incuned by
the owner of Lot I or the owner Df Lot 3 in perfonning such activities shall be reimbursed by the
Dwner of LDt 2 within thirty (30) days follDwing receipt of written notice. If the owner of Lot 2
fails to pay such CDsts, the owner of Lot 1 or the owner of Lot 3 that inculTed such costs may
offset such costs against its cDntribution of Driveway Maintenance costs.
6. The owner of Lot 2 shall not suffer or permit anything to be done that will cause
Lot 3 to become encumbered by any mechanic's lien or similar lien, charge or claim (except fDr
any lien resulting from Driveway Maintenance for which the owner of Lot 3 does not reimbw'se
the owner of Lot 2 as provided herein). If any mechanic's lien or similar charge or clainl is filed
against Lot 3 due to the alleged request by the owner of Lot 2 for labor or materials, the owner of
Lot 2 shall discharge the same Df record by a release or bond within thirty (30) days after the
filing of any notice of such lien, claim or other charge.
.
.
7. Any claim, dispute or other matter in question between the owner of Lot 1, the
owner of Lot 2 and/or the owner of Lot 3 arising out of or related to this Declaration which is not
resolved through good faith negotiations shall be subject to binding arbitration. The arbitration
shall be decided in accordance with the Arbitration Rules of the American Arbitration
Association cUlTently in effect. Any demand for arbitratiDn by an owner shall be filed in writing
with the other owners and with the American Arbitration Association within ninety (90) days
after the claim, dispute or other matter in question has arisen. No arbitration arising out of or
relating to this Declaration shall include, by consolidation or joinder or in any other maimer, ail
- 4-
. additional perSall or entity other than the owners of Lot 1, Lot 2 and Lot 3. The owners shall
have ten (10) days to select a mutually agreeable qualified arbitrator. The arbitration shall be
held in Dakota County, Mim1esota, unless another location is mutually agreed upon. The
foregoing agreement to arbitrate shall be specifically enforceable in accordance with applicable
law in any court having jurisdiction thereof. The award rendered by the arbitrator shall be final,
and judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof. The arbitrator shall award attorneys' fees and costs to the prevailing party in
the arbitration and shall have the authority to detenlline the prevailing paIiy for purposes of an
attorney's fees award in arbitration. The costs incUlTed in coooection with such dispute
resolution shall be shared equally by the owners.
8. The rights and obligations provided in this Declaration shall not merge with the
fee ownership of Lot I, Lot, 2 or Lot 3 regardless of the fact that the fee ownership of such
parcels may be held by the same person.
9. This Declaration shall be construed and governed under the laws of the State of
.
MiImesota.
[Signature Page Follows]
.
- 5 -
.
.
.
IN WITNESS WHEREOF, Bischel-Sperling, L.L.C., has caused this Declaration to be
executed as of the _ day of
,2007.
BISCHEL-SPERLING, L.L.C.,
a Minnesota limited liability company
By:
Its:
STATEOFMINNESOTA )
)S5.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,
2007, by , the of Bischel-
Sperling, LLC; a Minnesota limited liability company, 011 behalf of the limited liability company.
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(MDK: 6288-26776)
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1-3-1: DEFINITIONS, GENERAL: STREET: The word "street" shall include alleys,
lanes, courts, boulevards, public square, public places and sidewalks.
3-3-1: STREET or HIGHWAY: The terms "street" or "highway" shall mean the entire
width between the boundary lines of every way publicly maintained when any part
thereon is open to the use of the public for purposes of vehicular travel.
9-1-2: DEFINITIONS: For the purposes ofthis Title, the words and phrases contained in
Minnesota Statutes, 1982, chapter 169.01, as amended, shall have the meaning given by
that section, except as follows:
(A) "Street or Highway" means the entire width between the boundary lines of any way
or place when any part thereof is open to the use of the public as a matter of right, for the
purpose of vehicular traffic, and shall include any shopping center parking lot or
roadway, or other place used for vehicular parking for or access to any business
establishment.
(B) "Private Road or Driveway" means every way or place in private ownership and used
for vehicular traffic by the owner and those having express or implied permission from
the owner, but not by other persons, except any shopping center parking lot or roadway,
or other place used for vehicular parking for or access to any business establishment.
.
10-2-1: STREET: For purposes of this title, any reference to street herein shall mean any
street or roadway, public or private, but not to include private driveways.
11-1-6 STREET: A public right of way affording primary access by pedestrians or
vehicles or both, to abutting properties.
11-4-2 (D) Frontage: Every lot must have the minimum frontage on a city approved street
other than an alley, as required in the city zoning ordinance (see Exhibit K for private
street).
11-4-2 (1) Buildable Lots: The lot arrangement shall be such that there will be no
foreseeable difficulties, for reasons of topography or other conditions, in securing
building permits to build on all lots in compliance with the zoning ordinances and in
providing driveway access to buildings on the lots from an approved street.
.
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1/4"/ft
4X.1<.
13' minimum
13' minimum
Design <t grade
2% ·
Mountable concrete
curb and gutter
1 1/2"-type LVWE35030B
2"-type LVNW35030B
8" class 5 agg. 100% crushed limestone quarry
or recycled equal (MNDOT 3138).
12" minimum subgrade excavation
and aggregate backfill (MNDOT 3149).
CORRECTION W /DRAINTILE
.
SUBGRADE
...
1/4"/ft
12"
13' minimum
13' minimum
Design
2% ...
MOlJntabl~ cotntcrete
curb and gu er
Perforated, rigidJ..)
thermoplastic ~TI""
draintile. (MNDOT 2502)
1 1/2"-type LVWE35030B
2" -type LVNW35030B
8" class 5 agg. 100% crushed limestone quarry
or recycled equal (MNDOT 3138).
36" subgrade excavation and
aggregate backfill (MNDOT 3149).
Typical section shown is the minimum residential street requirement. See
specifications for project specific details.
2. Curb stops and c1eanouts shall be installed 10' from back of curb.
3. Draintile shall be installed behind curb in all silty, loamy, and sandy. clay soils
when rear lot corners are above street centerline. DrOlntile to be installed as
required to adequately drain all select granular fill areas.
4. Catch basin allowed in mountable curb, as approved by the City Engineer
Neenah Casting R3501V or equal.
5. The City reserves the right to increase the street section based on
soil conditions.
6. Saw & Seal according to MNDOT technical memorandum 02-19-MRR-05.
NOTE:
1.
STANDARD DETAILS
"TYPICAL PRIVATE STREET SECTION
NO PARKING
Lost Revision:
Feb 2007
City Plate No.
( FARMINGTON, MINNESOTA ) STR-07
K:\STANDARDS\STANDARD PLATES\STR-07.DWG
.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
FROM:
Planning Commission
Lee Smick, AICP c/\ /
City Planner~D
TO:
SUBJECT:
Findings of Fact - Variance Request to Encroach into Drainage & Utility
Easement - 19874 Dover Drive
DATE:
October 9,2007
INTRODUCTIONIDISCUSSION
At the October 9, 2007 Planning Commission meeting, the Commissioner's voted 4-0 to deny
the variance request and directed staff to draft Findings of Fact. Attached are the Findings of
Fact that have been approved by the City Attorney.
. The findings have been sent to Stephen Pierskalla and Karen Davis.
ACTION REQUESTED
Review the Findings of Fact and either approve and/or request revisions to the findings.
Respectfully submitted,
)
/
Lee Smick, AICP
City Planner
Cc: Stephen Pierskalla and Karen Davis
.
.
.
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Stephen Pierskalla
& Karen Davis
For Variance to encroach into
drainage & utility easement
FINDINGS OF FACT
AND DECISION
On September 11,2007 and October 9, 2007, the Fannington Planning Commission met to
consider the application of Stephen Pierskalla & Karen Davis for a variance to encroach into a
drainage and utility easement by 6.5 feet with a rock wall. Having considered the Zoning &
Subdivision Codes, staff reports, and all other written materials; having heard testimony from all
interested persons wishing to speak; and based on its knowledge of the community; the Planning
Commission now makes the following:
FINDINGS OF FACT
1.
The property is located at 19875 Dover Drive.
2.
A rock wall had been constructed and was encroaching into a 10- foot wide drainage
and utility easement by 6.5 feet.
3. The City would access this lO-foot wide drainage and utility easement with a 10-
foot wide dredging crane and 8-foot wide dump trucks to the holding pond in order
to excavate any silt from the holding pond to ensure that the pond functions
correctly. The rock wall will prevent access to the pond because it encroaches into
this easement by 6.5 feet.
5. Section 11-4-4 (D) of the Subdivision Code states that "no structures, elevated
landscaping, or impervious surfaces are allowed within a property line drainage
easement with the exception offences installed on the property line".
DECISION
Applicant's request for a variance to encroach into a drainage and utility easement by 6.5 feet with
a rock wall is denied.
61335
1
.
.
.
ATTEST:
Its Administrator
61335
CITY OF FARMINGTON
BY:
2
.
City of Farmington
325 Oak. Street
Farmington, Minnesota
651.463.7111. Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
L~e Smick, AICP . I)-:~
CIty Planner '
SUBJECT:
Development Review Process
DATE:
November 13, 2007
INTRODUCTIONIDISCUSSION
In July, Planning staff updated its development review process requiring an additional week for
reviewing a plat. The review period is now 6 weeks to allow for all comments to be addressed.
Additionally, the City letter discusses the responsibilities of the developer concerning application
fees, development review process costs, cash escrows, and development contract fees.
. This information is not new to the City; it's just been streamlined to assist the developer through
the development review process.
ACTION REQUESTED
For your information.
Respectfully submitted,
Lee Smick, AICP
City Planner
.