HomeMy WebLinkAbout9/11/07
City of Farmington
325 Oak Street
Farmington, MN 55024
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A Proud Past - A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All
Of Our Customers
AGENDA
PLANNING COMMISSION
September 11, 2007 .
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) August 14, 2007
3. CONTINUED BUSINESS
a) Amend Ordinance - Detached Garages, Storage Sheds, and Accessory Structures
Applicant: City of Farmington
325 Oak Street
Farmington, MN 55024
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b) Amend Ordinance - Sections 11-4-4 (A) & (D) concerning Drainage and Utility Easements,
Sections 10-6-4 (l) & (M) concerning Recreational Vehicle Parking and Parking in
Residential Areas, and Section 10-2-1 concerning Definitions.
Applicant: City of Farmington
325 Oak Street
Farmington, MN 55024
c) Amend Ordinance - Sections 10-6-10 (F), 10-6-10 (G), and 8-1-5 (A) of the City Code
concerning lot Frontage Trees, Boulevard Trees, Replacement Trees
Applicant: City of Farmington
325 Oak Street
Farmington, MN 55024
d) Amend Ordinance - Revisions Section 10-2-1: Definitions
Applicant: City of Farmington
325 Oak Street
Farmington, MN 55024
4.
PUBLIC HEARINGS
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a) Variance Request to Encroach into Drainage & Utility Easement - 19874 Dover Drive
Applicant: Stephen Pierskalla and Karen Davis
19875 Dover Drive
Farmington, MN 55024
b) Conditional Use Permitl Home Occupation Permit - Therapeutic Massage Therapy
Applicant: Susan Hotchkiss
19975 Export Trail
Farmington, MN 55024
~ c) Conditional Use Permit to Expand an Existing Car Wash
Applicant: Erick Barke
19761 Oak Grove Avenue
Prior Lake, MN 55372
d) Bischel-Sperling Preliminary and Final Plat
Applicant: Michael Bischel and Kimberly Sperling
PO Box 194
Farmington, MN 55024
5. DISCUSSION
a) Joint Planning Commission/City Council Workshop
6. ADJOURN
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Planning Commission
Minutes
Regular Meeting
August 14, 2007
1.
Call to Order
Chair Rotty called the meeting to order at 7:00 p.m.
Members Present: Rotty, Oswald, Larson, Barker
Members Absent: None
Also Present: Tony Wippler - Assistant City Planner, Lee Smick - City Planner,
Joe Espino, Robert Hessler
2.
Approval of Minutes
a) July 10,2007, Regular Meeting
July 19, 2007, Planning Commission Workshop
MOTION by Larson, second by Oswald to approve the July 10, 2007 and July 19,
2007 minutes. APIF, MOTION CARRIED.
3.
Continued Business
a) Variance to location of wall sign
Applicant: Pederson Auto Shop
101 3rd Street
Farmington, MN 55024
This item was heard at the last regular meeting on July 10, 2007, but the public
hearing was never closed. MOTION by Barker, second by Oswald to close the
public hearing. APIF, MOTION CARRIED.
b) Conditional Use Permit to locate an off-premises directional sign
Applicant: Church of St. Michael
22120 Denmark Avenue
Farmington, MN 55024
This item was heard at the last regular meeting on July 10, 2007, but the public
hearing was never closed. MOTION by Barker, second by Oswald to close the
public hearing. APIF, MOTION CARRIED.
4. Public Hearings
a) Conditional Use Permit application for Red Oak Manor to place 10' X 12'
storage shed on a commercially zoned property.
Applicant: Red Oak Manor
315 Spruce Street
Farmington, MN 55024
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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 oV
City Planner ~ ~
FROM:
SUBJECT:
Amend Ordinance - Detached Garages, Storage Sheds, and Accessory Structures
DATE:
September 11, 2007
INTRODUCTION - Summa" of Aueust 20. 2007 City Council Meetine
At the August 20, 2007 City Council meeting, the Council was concerned about the square-
footage proposal for a maximum shed size of 200 sf and the minimum detached garage size of
240 sf. They were concerned with not allowing a shed between the 200-240 square foot area.
Staff is now proposing to allow a shed under 240 square feet in size. A detached garage would
remain as proposed - 240 square foot minimum up to a maximum size depending on the lot size
or the size of the principal structure. The Council also requested that a building permit be
required for sheds. Upon review of a number of communities' shed requirements, staff is now
proposing to require a building permit for any accessory structure above 120 square feet.
Finally, the Council wants to continue to require a paved driveway to a detached garage. The
following information addresses the proposed revisions as well as the approved revisions that the
Planning Commission recommended at its August 14th meeting.
DISCUSSION
Detached Garages
Staff proposes to insert the definition of detached garage into Section 10-2-1 of the City Code to
read as follows:
GARAGE. DETACHED: An accessory structure that is detached from the principal building
and requires a garage door with the ability to park a vehicle within the structure. The accessory
structure is to be constructed of similar materials as the principle structure.
The size range for a detached garage is minimum of 240 square feet and maximum of 1,000,
1,250, or 1,500 square feet depending on the size of the lot. The 240 square feet (12' x 20') is
the smallest structure that a vehicle could be located within. The maximum size of the detached
garage is also dependent upon the size of the principal structure. For instance, if a principal
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structure is 950 square feet, the maximum size of the detached garage may only be 950 feet.
This requirement has been in the City Code for many years.
Additionally, the detached garage would need to be constructed of similar materials as the
principle structure.
Storage Shed
City staff is proposing to include "storage" shed as an accessory structure and proposes the
following language in the Section 10-2-1 ofthe City Code:
ACCESSORY STRUCTURE: A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure including but not limited to a detached
garage and storage shed.
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Because of the new sizes in sheds and the increase of complaints about storage of items outside
on residential properties, City staff is proposing to increase the maximum size of a storage shed
to under 240 square feet rather than the current 120 square-foot requirement. Staff is also
proposing to require a building permit for any accessory structure over 120 square feet. Staff
has researched a number of communities concerning its requirements for building permits for
accessory structures. Over forty communities such as Andover, Maple Grove, Ramsey, Inver
Grove Heights, Rosemount, Bloomington, and Lakeville responded to a staff request concerning
the community's requirement for an accessory structure building permit and the cost of the
permit. Most of the communities stated that they require building permits for accessory
structures over 120 square feet. All of the communities surveyed stated that they require
accessory structures to be anchored, which is currently the requirement of Farmington as stated
in Section 10-6-6 of the Code. Ken Lewis, the Building Official has required that the shed size
be measured as "floor area". Staff is proposing that the floor area definition more closely
resemble the Uniform Building Code's definition and therefore proposes the following language:
FLOOR AREA: The SlHIl of the gross horizontal areas of several floors of a building or buildings
measlH"ed from the &xterior faees of &xterior ,-valls or from the eenterline of party walls. The floor
area within the inside perimeter of the exterior walls of the building under consideration.
City staff is also proposing that any accessory structure be located at least 10 feet away from any
structure including buildings, billboards, carports, porches, signs, retaining walls, decks and
other building features, but not including sidewalks, drives, fences and patios.
ACTION REQUESTED
Approve the ordinance for Sections 10-5-6 (B) 2, 10-5-7 (B) 2, 10-5,.8 (B) 2, 10-5-9 (B) 2, 10-5-
10 (B) 2, 10-5-11 (B) 2, 10-5-12 (B) 2 concerning detached garages and storage sheds and 10-6-
6 (A) and 10-6-6 (B) of the Farmington City Code concerning accessory structures.
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R~ll
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City Planner
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-5-6 (B) 2, 10-5-7 (B) 2,
10-5-8 (B) 2, 10-5-9 (B) 2, 10-5-10 (8) 2, 10-5-11 (8) 2,
10-5-12 (B) 2 CONCERNING DETACHED GARAGES AND
STORAGE SHEDS AND 10-6-6 (A) AND 10-6-6 (B) OF THE
FARMINGTON CITY CODE CONCERNING
ACCESSORY STRUCTURES
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. 10-5-6: R-1 LOW DENSITY RESIDENTIAL DISTRICT:
(B) 2. Accessory Structure Standards: Accessory structures must be located behind
principal structure in the side or rear yard according to the following requirements:
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Maximum size
Detached garages:
Lots up to 0.5 acre 240 square feet to the Ibesser of 1,000 square feet or square
feet of principal \:lSe structure
Lots 0.5 to 1 acre 240 square feet to the Ibesser of 1,250 square feet or square
feet of principal \:lSe structure
Lots 1.0 acre + 240 square feet to the Ibesser of 1,500 square feet or square
feet of principal \:lSe structure
Storage Shed Under 240 square feet of floor area.
Building Permit Any accessory structure over 120 square feet requires a
building permit.
Maximum number 1 of each
Side yard setback 6 feet
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Rear yard setback 6 feet
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Height (maximum) storage shed 12 feet
Height (maximum) detached garage 20 feet
All standards are minimum requirements unless noted.
SECTION 2. 10-5-7: R-2 LOWIMEDIUM DENSITY RESIDENTIAL DISTRICT:
(B) 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 240 square feet to the Ibesser of 1,000 square feet or square
feet of principal ase structure
Lots 0.5 to 1 acre 240 square feet to the lbesser of 1,250 square feet or square
feet of principal ase structure
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Lots 1.0 acre + 240 square feet to the lbesser of 1,500 square feet or square
feet of principal ase structure
Storage Shed Under 240 square feet of floor area.
Building Permit Any accessory structure over 120 square feet requires a
building permit.
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) storage shed 12 feet
Height (maximum) detached garage 20 feet
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All standards are minimum requirements unless noted.
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SECTION 3. 10-5-8: R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT:
(B) 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 square
feet of principal use
Storage Shed
240 square feet to the lI,esser of 1,000 square feet
or square feet of principal structure
Under 240 square feet of floor area.
Building Permit
Anv accessory structure over 120 square feet
requires a building permit.
Apartment
Maximum number
Side yard setback
1,800 square feet
1 of each
6 feet
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Rear yard setback
With alley 10 feet
Without alley 3 feet
Height (maximum) storage shed 12 feet
Height (maximum) detached garage 20 feet
All standards are minimum requirements unless noted.
SECTION 4. 10-5-9: R-4 MEDIUM/HIGH DENSITY RESIDENTIAL DISTRICT:
(B) 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
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Detached garages square
feet of principal use
Storage Shed
240 square feet to the lI,esser of 1,000 square feet
or square feet of principal structure
Under 240 square feet of floor area.
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Building Permit
Apartment
Maximum number
Anv accessory structure over 120 square feet
requires a building permit.
1,800 square feet
1 of each
Side yard setback 6 feet
Rear yard setback 6 feet
Height (maximum) storage 12 feet
shed
Height (maximum) detached 20 feet
garage
All standards are minimum requirements unless noted.
SECTION 5. 10-5-10: R-5 HIGH DENSITY RESIDENTIAL DISTRICT:
(B) 2. Accessory Structure Standards: Accessory structures must be located behind
principal structure in the side or rear yard according to the following requirements:
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Maximum size
Detached garages square
feet of principal use
Storage Shed
Building Permit
Apartment
Maximum number
240 SQuare feet to the Ibesser of 1,000 square feet
or square feet of princival structure
Under 240 square feet of floor area.
Any accessory structure over 120 square feet
requires a building permit.
1,800 square feet
1 of each
Side yard setback
Rear yard setback
Height (maximum) storage
shed
Height (maximum) detached 20 feet
garage
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6 feet
6 feet
12 feet
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SECTION 6. 10-5-11: R-T DOWNTOWN TRANSITIONAL MIXED USE
DISTRICT:
(B) 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 square feet of
principal 'l:lSe structure
Storage Shed
240 square feet to the l:besser of 1,000 square
feet or square feet of principal structure
Under 240 square feet of floor area.
Apartment
Maximum number
Side yard setback
Any accessory structure over 120 square
feet requires a building permit.
1,800 square feet
1 of each
3 feet
Building Permit
Rear yard setback
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With alley 10 feet
Without alley 3 feet
Height (maximum) storage shed 12 feet
Height (maximum) detached garage 20 feet
All standards are minimum requirements unless noted.
SECTION 7. 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT:
(B) 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 240 square feet to the Ibesser of 1,000 square feet or square
feet of principal 'l:lSe structure
Storage Shed
Under 240 square feet of floor area.
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Building Permit
building permit.
Any accessory structure over 120 square feet requires a
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Apartment 1,800 square feet
Maximum number 1 of each
Side yard setback 3 feet
Rear yard setback
With alley 10 feet
Without alley 3 feet
Height (maximum) storage shed 12 feet
Height (maximum) detached garage 20 feet
All standards are minimum requirements unless noted. (Ord. 002-469,2-19-2002;
amd. Ord. 004-515, 8-2-2004)
SECTION 8. 10-6-6: ACCESSORY BUILDINCS STRUCTURE:
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Accessory buildings structures shall be permitted uses in residential districts and
conditional uses in bl:lsiness commercial and industrial districts subject to the following
conditions:
(A) Residential:
1. +hey Accessory structures shall be plaeed in the located behind principal structure
in the side or rear yard of the prineipalooit and at least ten feet (10') away from the
dwelling unit any structure if not attaehed.
2. +hey Storage sheds shall not exceed twelve feet (12') in building height and eBe
hundred twenty (120) under two-hundred forty (240) square feet of floor area.
3. +hey Accessory structures shall meet the minimum requirements of the building
code and be anchored in place as approved by the building inspector.
(B) Commercial And Industrial:
1. +hey Accessory structures shall be approved as part of the conditional use process.
2. +hey Accessory structures shall be constructed of similar materials as the principal
use.
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3. +hey Accessory structures shall comply with minimum requirements of subsection
(A) ofthis section. (Ord. 002-469, 2-19-2002)
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SECTION 9. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _day of
Farmington.
, 2007, by the City Council of the City of
CITY OF FARMINGTON
By:
Kevan Soderberg, Mayor
ATTEST:
By:
Peter Herlofsky, City Administrator
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SEAL
By:
City Attorney
Published in the Farmington Independent the _ day of
,2007.
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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 J2/
City Planner v"tf>
FROM:
SUBJECT:
Revise Sections 11-4-4 (A) & (D) concerning Drainage and Utility Easements,
Sections 10-6-4 (L) & (M) concerning Recreational Vehicle Parking and Parking
in Residential Areas, and Section 10-2-1 concerning Definitions.
DATE:
September 11, 2007
INTRODUCTION
At the August 14th Planning Commission meeting, during the discussion of the revision to the
Boulevard Tree Policy, the Commission discussed the need to review the drainage and utility
ordinance. The Commissioners proposed that trees should not be located within the drainage and
utility easement in the front yard of a home due to the possibility of existing utility services in
the front 10 feet of the yard. The Commissioners then suggested that staff re-address the
drainage and utility easements. The following information is from a memo to the Planning
Commission at its July 10, 2007 meeting.
DISCUSSION
The Planning Commission reviewed and recommended approval of a drainage and utility
easement amendment on September 13,2006 and the City Council approved the amendment on
October 16, 2006 (Exhibit A). The approved amendment proposed to include additional
language that would not allow the rerouting of drainage onto adjacent property, eliminate grade
changes within the easement by meeting the as-built certificate for the lot, and that any
improvements that encroach into the easements are at the owner's own risk.
However, the Building Inspections and Engineering Divisions continue to witness a rise in
drainage problems within drainage and utility easements. There have been a number of
problems in the field with the enforcement of this code due to the vagueness of the requirements
that were included before the text revisions were approved. The text stating "No plant
material/impervious surface is allowed to encroach within the easement that will negatively
affect the drainage within the easement" and "inhibit the access to the easement" continues to be
an interpretation problem for the building and engineering inspectors in the field. The
"negatively affect" and "inhibit" language is an interpretation problem because at times
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landscaped rock with edging within an easement will meet the code requirements, while this type
of landscaping within an easement elsewhere in the same subdivision will affect the drainage
negatively. This becomes an issue in the field since one homeowner is allowed the landscaping
and one is not, thereby, raising concerns from homeowners of either claiming bias by the
inspector or by the homeowner refusing to abide by the code because another homeowner has
been allowed landscaping that they are not.
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Additionally, residents often confront staff regarding plant material located in their easements,
and they typically refer to the "negatively affect" or "inhibit" language when disagreeing with
staff concerning the drainage problems witnessed by staff. Most residents don't see problems
with removing plant material if it inhibits access to the drainage and utility easements because
they feel that the City won't need to access the easements, if ever. Others question how a tree
with one-trunk would negatively affect drainage. Exhibit B and C are photos of a recent
situation in Mystic Meadows. The homeowner has been notified that the pavers and steps need
to be removed from the easement on Exhibit B, however, they don't agree with the need to
remove the rock and mulch within the easement. On Exhibit C, once again the homeowner
doesn't see the drainage problems with the location of the rock, mulch, and easy removal of the
pavers if the City needs to access the easement. On both Exhibits B and C, the engineering
division is concerned about drainage issues because the homeowner installed the mulch, rock,
and pavers above the as-built grade, thereby, rerouting water onto the adjacent property owner's
lot. When the lots on either side of homeowner's property develop, those new homeowners will
need to cut a swale 5-10 feet from their property lines in order to provide a swale that will drain.
This is unfair to the new homeowners moving in next to an established homeowner's lot because
the new owners need to take all of the runoff, including the established homeowner's runoff onto
a swale located on the new homeowner's lots.
Since staff wants to treat all residents on an equal level the Planning Division is requesting that
the Planning Commission review the proposed easement revisions (along with the definitions)
below and discuss the merits of excluding all types of structures, landscape material, and
impervious surface with the exception of sod and fences within the front, side or rear yard
drainage and utility easements.
(new text is underlined, deleted text is struck)
11-4-4: EASEMENTS:
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(A)Width And Location: An easement for drainage and utilities at least five feet (5')
wide on the side yard of an interior lot and at least ten feet (10') wide in the rear
yard shall be provided along all lot lines. 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.
(D)Drainage and Utility Easements: No structures, elevated landsca~ material,
with the exception of turf ~rasses, or impervious surfaces 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. No plant materiallimpervious
surface is allO'Ned to encroach '#ithin the casement that '.vill negatively affect the
drainage within the casement, reroute the drainage onto adjacent properties, or
inhibit the access to the easement. No grade change (Le., berms, retaining '....alls,
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planting areas with elevated mulch, etc.) within the easement shall be allcPNed.
All landscaping must match the finished grade approved on the as built certificate
that is Ci'/ailable from the building inspection division. All Anv non-conformin~
improvements within the easement are placed at the owner's own risk. (Ord. 006-
564, 10-16-2006)
10- 2-1: DEFINITIONS:
STRUCTURE: Anything constructed or erected, the use of which requires a fixed
location on the ground or an attachment to something having a fixed location on the
ground, including but not limited to buildings, billboards, carports, porches, signs,
retaining walls, and other building features, but not including sidewalks, drives,
fences and patios.
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 pa'/ement); and/or other items of a decorative
or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes surfaces such
as compacted sand, limerock, or clay, as well as most conventionally surfaced streets,
roofs, sidewalks, parking lots, and other similar structures.
If the Planning Commission agrees to recommend the elimination of all types of structures,
landscape material, and impervious surface with the exception of sod and fences within the
drainage and utility easements, the Recreational Vehicle Parking code will need to be reviewed.
This code allows for the parking of recreational vehicles up to the property line if an owner
installs landscape rock with edging (Exhibit D). Of course, this allowance would be in conflict
with the proposed drainage and utility easement revisions above, since landscape material (rocks
and edging) would not be allowed within an easement. Staff has presented a proposed text
amendment to the recreational vehicle parking code below if the Planning Commission agrees to
eliminate landscape material from drainage and utility easements. Additionally, staff is
proposing to revise the language for parking in residential areas from maintaining as-foot
setback for pavement to requiring the pavement to be located outside of a setback or drainage
and utility easement.
10-6-4: OFF STREET PARKING:
(L)Recreational Vehicle Parking: Recreational vehicles parked on residential property
shall be registered to the owner or lessee of the property and display a current
license and may be parked or stored on the lot as follows:
1. In the front yard, provided they are kept on a hard surfaced driveway.
Recreational vehicles may not be parked in front of the principal building on a
residential lot. Recreational vehicles may not be parked or stored on public
property. Recreational vehicles parked on street right of way must comply with
section 9-1-9 of this code.
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2. In the side or rear yard, recreational vehicles shall be parked or stored on
asphalt, concrete, or decorative landscape rock.
(a) All hard surfaced parking areas in the side or rear yard shall maintain a fhre
foot (5') setback from the side or rear lot lines. not be located within the side or
rear yard setbacks or drainage and utility easements.
(b) All decorative landscape rock parking areas may be located in the side or
rear yards abutting the property line. but shall not be located within the side or
rear yard setbacks or drainage and utility easements. The decorative rock
parking areas shall be installed to a depth of four inches (4") and lined with a
commercial grade weed preventative mesh under the rock to impede the growth
of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to
prevent the rock from spreading from the designated parking area. +he
designated parking area may not impede the drainage within the side or rear
yard utility easements or inhibit access to the easements. (Ord. 002-476, 5-6-
2002 )
(M)Parking In Residential Areas: All vehicles shall be parked on a hard surface
driveway or parking apron. All parking areas shall maintain a five foot (5') setback
from side and rear lot lines. not be allowed within a setback or drainage and
utility easement. (Ord. 002-469, 2-19-2002)
ACTION REQUESTED
Recommend approval of amendments to Sections 11-4-4 (A) & (D) concerning Drainage and
Utility Easements, Sections 10-6-4 (L & (M) concerning Recreational Vehicle Parking and
Parking in Residential Areas, and Section 10-2-1 concerning definitions.
Respectfully Submitted,
""J~
"~
t7bJ?/
Lee Smick, AICP
City Planner
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t,YJA
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members,
City Administrator (t
v
\Lr0
FROM: Lee Smick, AICP
City Planner
SUBJECT: Amend Ordinance - Drainage and Utility Easements
DATE: October 16,2006
INTRODUCTION
City staff is proposing to amend Section 11-4-4 (D) of the City Code concerning Drainage and Utility
Easements. The amendment proposes to include additional language that eliminates grade changes within
the easement by meeting the as-built certificate for the lot and that any improvements that encroach into
the easements are at the owner's own risk.
DISCUSSION
The purpose of the proposed ordinance revision stemmed from a rise in drainage problems within
drainage and utility easements as witnessed by staff from Building Inspections and Engineering in the
attached photos. The Planning Commission reviewed the amendment on September 12, 2006, and
suggested that the text amendment should be minimal because most drainage easements work correctly
and problems do not occur often, while some of the Commissioners agreed that any work within the
easement should be removed at the owner's expense if problems occur. The Commission members
unanimously recommended approval of the proposed language revisions at its October 10,2006 meeting.
During the preparation of the ordinance, City staff discussed the proposed text amendment with the City
Attorney, Joel Jamnik. Mr. Jamnik suggested that the first portion of the ordinance should remain and
language should be included that addresses the risk for homeowners locating items within the easement
and causing drainage or utility issues. Therefore, the following language is proposed:
(D) Drainage Easements: No structures, elevated landscaping, or impervious surfaces are
allowed within a property line drainage easement with the exception of fences
installed on the property line. No plant material/impervious surface is allowed to
encroach within the easement that will negatively affect the drainage within the
easement. reroute the drainage onto adiacent properties. or inhibit the access to the
easement. No grade change (i.e.. berms. retaining walls. planting areas with elevated
mulch. etc.) within the easement shall be allowed. All landscaping must match the
finished grade approved on the as-built certificate that is available from the Building
Inspection Division. All improvements within the easement are placed at the owner's
own risk.
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ACTION REQUESTED
Approve the attached ordinance revising Section 11-4-4 (D) of the City Code concerning Drainage and
Utility Easements.
Respectfully Submitted,
~~
Lee Smick, AICP
City Planner
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STRUCTURES ONLY. SEE ARCHI TECTUAl PLANS I'OR SU/LOtNG ANo
OUNOA TJON DIMENSIONS.
~OTE: NO SPEC1Re SOILS INVESTIGATION I-IAS SEEN COMPLETED ON THIS LOT 8Y THE
SURVEYOR. THE SlJITN3IL1TY Of SOILS ro SUPPORT THE SPECIFIC I-JOUSE
PROPOSED IS NOT THE RESPONSIBIUTY OF THE SUR~YOR.
IOTE: J}f1S CERT\f1CATE OOES NOT PURPORT TO SHOW EASEMENTS orHER THAN
THOSE SI10YrN ON THE RECOROED PLAT.
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X oao.OO DENOTES EXlSnNG ELf'/AnoN
( 000.00) DENO rES PROPo'\F'n ~I ''''~ ""-"'
.
.
.
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 J R9I
City Planner v C9
FROM:
SUBJECT:
Amend Ordinance - Sections 10-6-10 (F), 10-6-10 (G), and 8-1-5 (A) of the City
Code concerning Lot Frontage Trees, Boulevard Trees, and Replacement Trees
DATE:
September 11, 2007
INTRODUCTION
August 14,2007 Planning Commission Meeting
At its August 14th meeting, the Planning Commission continued the discussion of the Boulevard
Tree Policy because the Commission wanted to further discuss the replacement of boulevard
trees on private property by the homeowner. The Commission Members wanted 1) to provide a
name for the tree that would be replaced by the homeowner on private property, 2) to ensure that
the replacement tree installed by the homeowner is installed at the homeowner's own risk, 3) to
require that the homeowner call Gopher One for locates to existing utilities, 4) and if the
replacement tree on private property should die, to require that the homeowner the remove it.
The following are proposals to each issue:
1) The tree that replaces a dead boulevard tree and is installed by the homeowner on private
property is known as a Replacement Tree.
Proposed code language (Exhibit A):
It is at the homeowner's discretion to replace any dead boulevard tree as long as the
replacement tree is located on private property, in the front yard of the home, outside of
the front and side drainage and utility easements, Gopher One is called for locates to
existing utilities, and the replacement tree is installed at the homeowner's own risk.
2) The replacement tree is installed at the homeowner's own risk.
3) The replacement tree is located outside of the front and side drainage and utility
easements. Staff is proposing this contrary to the Commissioner's suggestion of locating
.
the replacement tree in the front yard at any location where utilities are not located. Staff
is proposing to locate it outside of the front and side drainage and utility easements since
most of the existing lots in the City have followed the Engineering specifications shown
on Exhibit B requiring the easement to be 10 feet in width measured from the property
line. Therefore, approximately 10 feet of front yard will still be retained before the front
yard setback of 20 feet is reached. The replacement trees will also be more closely in
paralle1line with lot frontage trees in new developments.
Additionally, the front yard drainage and utility easement will remain at 10 feet in width
because some of the utility companies would like to remain within that easement. Other
companies are interested in relocating to under the sidewalk as shown on Exhibit B.
4) Section 10-6-10 (1) deals with the requirement for homeowners to remove dead or
diseased trees on their property and is monitored by the Natural Resources Division.
.
(J) Dead Or Diseased Tree Removal On Private Property:
1. The city shall have the right to cause the removal of any dead or diseased
trees on private property within the city in accordance with title 7, chapter 6 of
this code when such trees constitute a hazard to life and property, or harbor
insects or disease which constitute a potential threat to other trees in the city.
The natural resources division will notify, in writing, the owners of such trees.
Removal shall be done by said owners at their own expense within sixty (60)
days after the date of service of notice. In the event of failure of owners to
comply with such provisions, the city shall have the authority to remove such
trees and charge the cost of removal on the owners' property tax notices.
(Ord. 006-563, 9-18-2006)
At the August 14th Planning Commission meeting, a discussion about the Reforestation Advisory
Commission (Exhibit C) was raised concerning the need to retain the commission. Upon further
study, staff determined that the reason the Reforestation Advisory Commission was formed was
to meet the requirements of Tree City USA (Exhibit D). However, as shown in the Tree City
Standards, there is an option to provide a forestry department to meet the standards rather than a
tree board. The City employs a Natural Resource Specialist to care for and manage the
community's trees; therefore, this position could replace the tree board. At its meeting on
September 17th, the City Council will discuss the retention of the Reforestation Advisory
Commission; however, they will want a recommendation from the Planning Commission.
DISCUSSION
The City's Administration Department and Engineering Division have been working for a
number of months to develop a new Boulevard Tree Policy where trees required to be installed
by a developer in a new subdivision be planted in the front yards of new lots rather than on the
boulevards. This will eliminate the need for the City to maintain these boulevard trees and it will
protect City vehicles, especially garbage trucks, from being damaged by boulevard tree limbs.
.
Planning Staff reviewed the proposed recommendations to the Boulevard Tree Policy with the
Planning Commission at its meeting on August 14, 2007. The recommendations are as follows:
. Tree Replacement
Replacement of boulevard trees on residential streets will be left to the property owner's
discretion. If a property owner replaces a tree, it will be placed on private property, in the front
yard of the home, and outside of the drainage and utility easement, not in the boulevard.
New Development
In new developments new trees will be placed on private property when they are planted along a
residential street. 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 of the
named organization in perpetuity.
Boulevard Tree Routes
Boulevard tree routes will continue to have trees planted in the boulevard. On boulevard tree
routes the City would continue to be responsible for replacing trees in the boulevard (Exhibit D).
Proposed Revisions
Exhibit A identifies the revisions to Sectionsl0-6-IO (F), 10-6-10 (G), and 8-1-5 (A) of the City
Code concerning the Boulevard Tree Policy.
. LOT FRONTAGE TREES
The Lot Frontage Trees language will now identify the trees developers in new developments
must propose on the required landscape plan and install within the front yard of lots rather than
on the boulevard as was typical practice in the past. The lot frontage trees shall be installed on
private property in the front yard at a minimum spacing of one tree for every forty feet (40') of lot
frontage or one tree per lot if 40 feet is not feasible and shall be located no closer than eight feet
(8') from sidewalks, trails or pavement and shall be installed in a parallel line to the lot line.
BOULEVARD TREES
Boulevard trees will continue to include the existing trees in boulevards throughout the City as
well as trees proposed by developers on the required landscape plan and installed by them in new
developments along City approved Boulevard Tree Routes as identified on Exhibit E.
REPLACEMENT OF TREES
The replacement of trees is proposed as follows:
(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) It is at the homeowner's discretion to replace any dead boulevard tree as long as the
replacement tree is located on private property, in the front yard of the home, outside of the front
.
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and side drainage and utility easements, Gopher One is called for locates to existing utilities, and
the replacement tree is installed at the homeowner's own risk.
RESPONSIBILITY OF TREES
The responsibility of trees is proposed as follows:
(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, including front yard trees.
ACTION REQUESTED
Recommend approval of the revisions in Sections 10-6-10 (F), 10-6-10 (G), and 8-1-5 (A) of the
City Code concerning Replacement Trees, Lot Frontage Trees and Boulevard Trees and make a
recommendation concerning the Reforestation Advisory Commission and forward the
recommendations to the City Council.
Respectfully Submitted,
Lee Smick, AICP
City Planner
~.A
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 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 10-6-10, Landscaping is
amended by adding the underlined language and deleting the striketlKoagh language as
follows:
10-6-10: LANDSCAPING:
(F)Street Treo 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
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 eentefll1ial
. KiFldred
MarshaUs
PatRlOre
Summitt
Linden
American
Greenspire
Redmond
Sentry
Maple
Cleveland
. Crimson king
Emerald lustre
Emerald queen
Fire aanee
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 8tFeet 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 oyen forty f-oot (40') intervals; howe'/er, they should be
installed as close to f-orty feet (40') as possible along the street fr-ontage,
allowing for utilities, driv6".vays and intersection ':isibility requirements. The
boul6"lard trees shall be installed per the Iandseape plan. The developer is
responsible ensm1ng that for installing the boulevard lot frontage trees aFe
planted per the landscape plan as required by the development contract. Special
planting designs for bO'l:tlevard 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 CUl"b }~d Side>:;alk for Lot Frontage and Boulevard Trees:
(1) Boule'lard Lot frontage trees in new developments shall be planted by the
developer per the Development Contract on private property in the center of the
boulevard width between the property line and curb or the sid6"Nalk afld c1:H"b.
The distanee trees may be planted from clKbs and sidewalks shall be no closer
than three f-eet (3') ten feet (10') from the property line and shall be installed in a
parallel line to the lot line.
.
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(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 ofthe 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 Corners And Fireplugs: No street 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 street lot frontage
tree, boulevard tree, or replacement tree shall be planted closer than ten feet (10')
from any fireplug.
(d) Utilities: No street lot frontage tree, boulevard tree, or replacement tree may be
planted within ten (l0) lateral feet of any underground water line, sewer line,
overhead or underground transmission line or other utility. Gopher State One shall
be called to request locations of utilities.
SECTION 2. 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 striketIn-ough language as follows:
10-6-10 (G) Tree Maintenance OR City Boulevards:
1. The natural resources program is designed to prescribe various levels of
maintenance to city boulevard trees located within city owned boulevards.
(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 ofsubdi';isions must submit a landscape plan to the
plar.ning division. Tho plar~'ling division will be responsible for approving
appropriate tree plantings within city boule:vards.
~ (!ll Addition To Plan: Trees planted by residents on the boal8".'ards that are in
addition to the tree plan mast receiye prior approval fr(}m the nat1H"al reSOUf'oes
diyision. Replacement of Trees:
(1) The City shall be resl'onsible for removing existing boulevard trees that
have died or sustained severe damage. The City shall replace trees on
designated Boulevard Tree Routes.
.
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(2) It is at the homeowner's discretion to replace any dead boulevard tree as
lon~ as the replacement tree is located on private property. in the front yard of
the home. outside of the front and side drainage and utility easements. Gopher
One is called for locates to existing utilities, and the replacement tree is installed
at the homeowner's own risk.
~ W Trimming Requirements: The natlH'al resoar-ees diyision 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.
te) @ Contact Responsibility of Trees: Residents will need to eontaet the natural
resourees diyision \vhen a bouleyard tree noods trimming or inspection.
(I) 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.
.
tit W 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.
~ ill Brush From Pruning: The city will not collect any brush resulting from
pruning or removal of trees or brush from private property.
W (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 3. The City of Farmington City Code, Section 8-1-5, Boulevards; Allowable
Uses, is amended by adding the underlined language and deleting the striketlKoagh
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 trees as allO"lved ooder section 2 9 11 and subsections 10 6 10(F) and (G) of
this eode; (Ord. 006 550,2 21 2006)
.
2-. .L Sidewalks meeting minimum and maximum city design standards;
.
~. 2. Driveways meeting minimum and maximum city design standards;
4. 3. Annual or perennial flowers, shrubbery not exceeding three feet (3') in height;
~. 4. Split rail fences;
e. ~ Planters not exceeding two feet (2') in height or closer than three feet (3') from
the back of the curb or paved surface;
+. 6. Underground sprinkler systems;
s. 7. Boulevard sod as specified in subsection lI-5-3(F) ofthis code;
9. 8. Decorative rock and tree bark.
SECTION 4. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _day of
Farmington.
, 2007, 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
,2007.
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Roadway
/-..~/ay' ()F e,X IS17NlT
,olllf/IIP/lP ~
Varies
EX. 8
/IN I.IXA~ ~
ur ~(#tr ~
~U~e-tI',..>~
I( ~ 10' Drainage and ~
utility Easement
4'
6'
Concrete Curb
42"
Finish ground
surface
Bit. avement
Warning tape
( optional)
Min. 12"
Gas
<D street lighting
o Electric _
NflV' l/ItA17~s ~ ~~I~~h~e -
()J- tJ17 t./ 711:'" S Gas optional
r~R ~-r ~f/4A/1es
NOTE:
1. All conduit crossings under roadways shall be the contractors responsibility to
install the correct size and number for all utilities. The contractor shall also
install one additional conduit crossing for future use.
2. The City recommends joint trenching for installation of utilities within City right
of way and utility easements. Gas can be placed in a separate trench
located behind the curb. All trench backfill shall be compacted.
3. All curb stops, boxes, and sewer c1eanouts twill be located on the front
property line with a 15' tail beyond the property line on all
public streets (see city plates SER-01A and SER-01 B).
4. All curb stops, boxes and sewer c1eanouts shall be placed 10' from back of
curb or private streets that have no City right of way beyond the curb.
5. Street lights shall be placed as close to 300' intervals as possible in
residential areas and located on property corners. All street light electrical
lines shall be ruggedized type wiring or encased in conduit and placed
within the joint trench.
6. Center of utility trench in private streets shall be 7' from back of curb.
Gas can be placed 2-3' from back of curb.
7. All utility boxes shall be placed on common property corners.
STANDARD DETAILS
UTILl1Y LAYOUT
Lost Revision:
FEB 2007
City Plate No.
[ FARMINGTON, MINNESOTA J STR-23
v.\ CTA".....ADf"'IC'\ C'TA~II"\AOI"\ 01 ATt:'C'\ <:'TO ,.,.,. I"\\.I/('
2-9-1
.
SECTION:
.
2-9- 1:
2-9- 2:
2-9- 3:
2-9- 4:
2-9- 5:
2-9- 6:
2-9- 7:
2-9- 8:
2-9- 9:
2-9-10:
2-9-11:
2-9-12:
2-9-13:
2-9-14:
tx.c
2-9-3
CHAPTER 9
REFORESTATION ADVISORY COMMISSION
Commission Established
Purpose
Composition; Terms Of Office
Officers
Meetings
Compensation
Effective Date
Definitions
Duties And Responsibilities
Operation
Interference With City Reforestation Advisory Commission
Arborists license And Bond
Review By City Council
Penalty
2-9-1: COMMISSION ESTABLISHED: In accordance with
Department of Agriculture rules and regulations, there is
hereby established a Reforestation Advisory Commission. (Ord. 080-98,
11-3-1980)
PURPOSE: The purpose of the Commission is to advise and
make recommendations to the City Council in matters
concerning the formulation, adoption and implementation of a Reforestation
Program in the City. (Ord. 080-98,11-3-1980)
2-9-2:
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2-9-3: COMPOSITION; TERMS OF OFFICE: The Commission shall
be composed of the five (5) member City Council, the chair of
the Planning Commission and the chair of the Parks and Recreation
Advisory Commission and shall run concurrently with the primary office
held. Election or appointment to a primary position means automatic
.
March 2000
City of Farmington
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2-9-3
2-9-9
membership on the Commission. The Mayor shall be allowed to appoint the
City Planner to provide recommendations to the Commission and to ensure
that the duties and responsibilities of the Reforestation Advisory
Commission are performed as outlined in this Chapter. (Ord. 091-258,
10-7-1991)
2-9-4:
OFFICERS: A chairman and vice chairman shall be elected
by and from within the Commission itself. (Ord. 080-98,
11-3-1980)
2-9-5: MEETINGS: The Commission shall hold an annual meeting
during the first calendar quarter. Special meetings may be
called with forty eight (48) hour mailed notice by the chairman or any two
(2) members. (Ord. 080-98, 11-3-1980)
2-9-6: COMPENSA TION: Members and officers shall serve without
pay, but may be reimbursed for expenses incurred. (Ord.
080-98, 11-3-1980)
2-9-7: EFFECTIVE DATE: This Ordinance becomes effective on
January 1, 1981, following publication in the official
newspaper. (Ord. 080-98, 11-3-1980)
2-9-8:
DEFINITIONS:
PARK TREES:
Trees, shrubs, bushes and all other woody
vegetation in public parks having individual
names, and all areas owned by the City or to
which the public has free access as a park.
STREET TREES:
Trees, shrubs, bushes and all other woody
vegetation on land lying between property lines
on either side of all streets, avenues or ways
within the City. (Ord. 090-239,12-17-1990)
2-9-9: DUTIES AND RESPONSIBILITIES: It shall be the respon-
sibility of the Commission to study, investigate, counsel and
develop and/or update annually, and administer a written plan for the care,
March 2000
City of Farmington
2-9-9
2-9-13
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preservation, pruning, planting, replanting, removal or disposition of trees
and shrubs in parks, along streets and in other public areas. Such plan will
be presented annually to the City Council and upon their acceptance and
approval shall constitute the Official Comprehensive City Tree Plan for the
City. The Commission, when requested by the City Collncil, shall consider,
investigate, make findings, report and recommend upon any special matter
of question coming within the scope of its work. (Ord. 090-239, 12-17-1990)
2-9-10: OPERATION: The Commission shall choose its own officers,
make its own rules and regulations, and keep a journal of its
proceedings. A majority of the members shall be in a quorum for the
transaction of business. (Ord. 090-239,12-17-1990)
2-9-11: INTERFERENCE WITH CITY REFORESTATION ADVI-
SORY COMMISSION: It shall be unlawful for any person to
prevent, delay or interfere with the City Reforestation Advisory Commission,
or any of its agents, while engaging in and about the planting, cultivating,
mulching, pruning, spraying, or removing of any street trees, park trees, or
trees on private grounds, as authorized by this Chapter. (Ord. 090-239,
12-17-1990; amd. Ord. 099-441, 11-15-1999)
.
2-9-12: ARBORISTS LICENSE AND BOND: It shall be unlawful for
any person to engage in the business or occupation of
pruning, treating or removing street or park trees within the City without first
applying for and procuring a license. The license fee shall be forty dollars
($40.00) annually in advance; provided, however, that no license shall be
required of any public service company or City employee doing such work
in the pursuit of their public service endeavors. Before any license shall be
issued, each applicant shall first file evidence of possession of liability
insurance in the minimum amount of fifty thousand dollars ($50,000.00) for
bodily injury and one hundred thousand dollars ($100,000.00) property
damage indemnifying the City or any person injured or damaged resulting
from the pursuit of such endeavors as herein described. (Ord. 090-239,
12-17-1990; amd. Ord. 099-441, 11-15-1999)
2-9-13: REVIEW BY CITY COUNCIL: The City Council shall have
the right to review the conduct, acts and decisions of the City
Reforestation Advisory Commission. Any person may appeal from any
ruling or order of the City Reforestation Advisory Commission to the City
.
March 2000
City of Farmington
2-9-13
2-9-14
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Council who may hear the matter and make final decision. (Ord. 090-239,
12-17-1990; amd. Ord. 099-441,11-15-1999)
2-9-14: PENALTY: Any person vioJating any provision of this Chapter
shall be, upon conviction or a plea of guilty, subject to a fine
not to exceed seven hundred dollars ($700.00). (Ord. 090-239, 12-17-1990;
amd. Ord. 099-441, 11-15-1999)
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March 2000
City of Farmington
Ifj( .p
~ 111e National \X'c Inspire: people: to plant.
Q.7 Arbor Dav Foundation' nurture. anJ celebrate tree:s.
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You are here: Home -> Proarams -> Tree City USA -> Standards
Tree City Standards
The Four Standards of a Tree City USA
To qualify for Tree City USA, a town or city must meet four standards
established by The National Arbor Day Foundation and the National
Association of State Foresters.
TREE em USA.
These standards were established to ensure that every qualifying
community would have a viable tree management plan and program.
It is important to note that they were also designed so that no community would be excluded
because of size.
1. A Tree Board or Department
2. A Tree Care Ordinance
3. A Community Forestry Program With an Annual Budget of at Least $2 Per Capita
4. An Arbor Day Observance and Proclamation
1. A Tree Board or Department
Someone must be legally responSible for the care and management of
the community's trees. This may be a professional forester or
arborist, an entire forestry department, or a volunteer tree board.
Often, both a professional staff and advisory tree board are present,
which is a good goal for most communities. A tree board, or
commission, is a group of concerned volunteer citizens charged by
ordinance with developing and administering a comprehensive tree
management program. Balanced, broad-based community
involvement is encouraged. Boards function best if not composed
entirely of tree-related professionals such as forestry professors,
nursery operators, arborists, etc. Fresh ideas and different
perspectives are added by citizens with an interest in trees that is
entirely avocational. Limited, staggered terms of service will prevent
stagnation or burnout, while at the same time assuring continuity.
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2. A Tree Care Ordinance
The tree ordinance must designate the establishment of a tree board
or forestry department and give this body the responsibility for
writing and implementing an annual community forestry work plan.
Beyond that, the ordinance should be flexible enough to fit the needs
and circumstances of the particular community. A tree ordinance
provides an opportunity to set good policy and back it with the force
of law when necessary. Ideally, it will provide clear guidance for
planting, maintaining and removing trees from streets, parks and
other public places. For tips and a checklist of important items to
consider in writing or improving a tree ordinance, see Bulletin No.9.
3. A Community Forestry Program With An Annual Budget Of At
Least $2 Per Capita
Evidence is required that the community has established a
community forestry program that is supported by an annual budget of
at least $2 per capita. At first, this may seem like an impossible
barrier to some communities. However, a little investigation usually
reveals that more than this amount is already being spent by the
municipality on its trees. If not, this may signal serious neglect that
will cost far more in the long run. In such a case, working toward
Tree City USA recognition can be used to re-examine the community's
budget priorities and re-direct funds to properly care for its tree
resource before it is too late. Ideally, this standard will be met by
focusing funding on an annual work plan developed after an
inventory is completed and a report is approved by the city council.
Such a plan will address species diversity, planting needs, hazardous
trees, insect and disease problems and a pattern of regular care such
as pruning and watering.
4. An Arbor Day Observance and Proclamation
This is the least challenging and probably the most enjoyable
standard to accomplish. An Arbor Day celebration can be simple and
brief or an all-day or all-week observation. It can be a simple tree
planting event or an award ceremony that honors leading tree
planters. For children, Arbor Day may be their only exposure to the
green world or a springboard to discussions about the complex issue
of environmental quality. The benefits of Arbor Day go far beyond the
shade and beauty of new trees for the next generation. Arbor Day is a
golden opportunity for publicity and to educate homeowners about
proper tree care. Utility companies can join in to promote planting
small trees beneath power lines or being careful when digging.
Smokev Bear's fire prevention messages can be worked into the
.
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event, as can conservation education about soil erosion or the need
to protect wildlife habitat. Still another way to develop Arbor Day is
to link it with a tree-related festival. Some that are currently
celebrated include dogwood festivals, locust blossom festivals and
Macon, Georgia's Cherry Blossom Festival that annually brings more
than $4.25 million into the local economy. In meeting the four
standards, help is available! The urban and community forestry
coordinator in your state forester's office will be happy to work with
communities in taking these first steps toward better community
forestry .
More Information
To receive a free Tree City USA booklet:
Call: (402) 474-5655
Monday- Friday
8:00A.M. to 5:00 P.M. CST
E-mail: treecity (iiJ arborday.org
Help Support Tree City USA where you live.
Tree City USA is supported by the USDA Forest Service Urban and Community Forestry
Program.
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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 0 qj
City Planner D f)
FROM:
SUBJECT:
Amend Ordinance - Revisions to Definitions
DATE:
September 11, 2007
INTRODUCTIONIDISCUSSION
Due to the revision of ordinances within this agenda, definitions need to be revised and/or added
in Section 10-2-1 of the City Code.
As shown on the attached ordinance, staff is proposing a number of revisions. The Planning
Commission reviewed and recommended approval of these ordinance revisions at its August 14,
2007 meeting, however, the City Council continued the review of the ordinances to September
17th. The only revisions to this ordinance are the addition of a Replacement Tree definition and
the deletion ofthe requirement to provide a paved driveway to a Private Garage.
ACTION REQUESTED
Recommend approval of the revisions in Section 10-2-1 of the City Code concerning definitions
and forward the recommendation to the City Council.
Respectfully submitted,
(j&&il
Lee Smick, AICP
City Planner
".
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10-2-1 REGARDING
ZONING DEFINITIONS
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 strikethmugh language as
follows:
ACCESSORY STRUCTURE: A structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal structure including but not limited
to a detached garage or storage shed.
.
ARK^.. OF IDENTIFICATION 8IGN: A freestanding sign which idefltifies the name ofa
neighborhood, a residemial subdiyision, a multiple residential compleK of three (3) or
more stroctarcs of ten (10) or more anits, a oooppiBg center consistiBg of tocee (3) or
more separate structares, an industrial area eonsisting of three (3) or more stroeMes or
any eombi1'lation of the above.
BOULEV ARD 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.
CITY BOULEV ARD: Area between vroperty lines on either side of all streets. avenues.
or ways within the city.
DENSITY, NET: The number of dwelling units per acre minus features such as wetlands,
water features (excluding storm water ponding facilities), steep slopes, parks and open
space, and major roadways. Major roadways are considered arterials on the City's
Thoroughfare Plan.
FLOOR AREA: The sum of the gross horizomal areas of se':eral floors of a bailaing or
buildiBgs measared from the eKterior [aees of exterior ,valls or from. the centerli1'le of
party walls. The floor area within the inside perimeter ofthe exterior walls ofthe building
under consideration.
.
FREESTANDING SIGN: A sign that is installed in the ground and is not affixed to any
other structure.
.
GARAGE. DETACHED: An accessory structure that is detached from the vrincipal
building and requires a garage door with the ability to park a vehicle within the structure.
The accessory structure is to be constructed of similar materials as the principle structure.
SCHOOL. PAROCHIAL: A building or group of buildings. operated and supported by a
church parish. the use of which meets compulsory education laws of the State of
Minnesota. for elementary school, middle school (junior high schoon, secondary (senior
high schoon, or higher education and which use does not secure the major part of its
funding directly from any governmental source.
SCHOOL. PRIVATE: Any building or group of buildings. not operated by a public
agency or unit of government. the use of which meets compulsory education laws of the
State of Minnesota. for elementary school. middle school (junior high schoon. secondary
(senior high schoon. or higher education and which use does not secure the major part of
its funding directly from any governmental source.
SCHOOL. PUBLIC: Any building or group of buildings. the use of which meets
compulsory education laws ofthe State of Minnesota. for elementary school. middle
school (junior high school). secondary (senior high schoon, or higher education and
which secures all or the major part of its funding from governmental sources and is
operated by a public agency or governmental unit.
.
STORAGE SHED: An accessory structure customarily incidental and subordinate to the
principal structure and used primarily for storage purposes.
STREET TREES, BOULEVARD: 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.
TREES. REPLACEMENT: A tree that replaces a dead boulevard tree that is installed by
the homeowner on private property, in the front yard of the home, and outside of the front
and side yard drainage and utility easements.
TREES. LOT FRONTAGE: Trees installed on private property in the front yards of new
developments by the developer per the Development Contract.
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
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ADOPTED this _day of
Farmington.
, 2007, by the City Council of the City of
.
CITY OF FARMINGTON
ATTEST:
SEAL
.
By:
By:
By:
Kevan Soderberg, Mayor
Peter Herlofsky, City Administrator
City Attorney
,2007.
Published in the Farmington Independent the _ day of
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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, pj,;/
City Planner o./~
SUBJECT:
Variance Request to Encroach into Drainage & Utility Easement - 19874
Dover Drive
DATE:
September 11, 2007
INTRODUCTION
Stephen Pierskalla and Karen Davis are seeking a variance to encroach into a drainage and utility
easement by 6.5 feet with a rock wall and walkway (considered structures in the City Code) on
the west side of their house at 19874 Dover Drive. The executed application along with a letter
from the applicants is attached as Exhibit A.
DISCUSSION
The subject property is located in the Parkview Ponds development and is zoned R-l (Low
Density Residential). The drainage and utility easement on the west side of the house is 10 feet
in width and will be utilized by the City to access the existing holding pond to the west of the
property (Exhibit B). The as-built survey shows the placement of a rock wall and walkway 6.5
feet into the 10-foot wide drainage and utility easement (Exhibit C).
Additional access to this pond by the City will be on the west side where a 10-foot wide trail is
located. As shown on the aerial photo, access to the east side of the pond is only available
through the drainage and utility easement on the west side of this home where the encroachment
has occurred.
On two separate occasions during the construction of the wall and walkway, Building Inspector
Darrell Gilmer and Engineer Dave Sanocki told the applicants to stop the construction because of
the encroachment into the drainage and utility easement. They explained to the applicants that
access to the holding pond with large City equipment would not be possible if the construction
continued (Exhibits D & E). The applicants have submitted a building permit for a deck;
however, per the City Attorney's recommendation, the City has not released the building permit
until the existing violation is remedied (Exhibit F).
As an aside to this issue, there is also an existing retaining wall within the 5-foot wide drainage
and utility easement on the east side of the lot that needs to be removed as well.
.
.
.
The City Code provides the following criteria that must be met for a variance to be approved:
1. Because of the particular physical surrounding, or the shape, configuration, topography,
or other conditions of the specific parcel of land involved, strict adherence to the
regulations ofthis 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.
The rock wall that exists outside of the easement, adjacent to the house provides enough
stability to hold the slope. Access to the rear of the property could be gained through a
grass walkway (since the area has already be leveled for the rock walkway) which
would not inhibit access to the pond by City equipment. There is no hardship
concerning the particular physical surrounding, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved.
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.
There are no conditions unique to this property that would create a viable hardship. As
previously mentioned, there is a reasonable alternative by way of a grass walkway in
order to obtain access to the rear of the property.
3. 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 ofland.
The hardship is not created by the City Code. The code does not preclude the property
owner from reasonable use of the property.
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 would 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 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 proposed variance would 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.
6. The requested variance is the minimum required to eliminate the hardship.
There is no hardship pertaining to this variance request.
. ACTION REQUESTED
.
.
Not all of the requirements referenced above have been met for this variance request. Therefore,
staff is recommending to the Planning Commission to deny the variance request to allow the
encroachment of the rock wall and walkway by 6.5 feet and direct staff to work with the City
Attorney to draft Findings of Fact.
Respectfully submitted,
:C'~
0<'",;" .
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Lee Smick, AICP
City Planner
Cc: Stephen Pierskalla and Karen Davis
.
.
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City of Farmington
325 Oak Street, Farmington. W\ 55024
(651) 463-ill1 Fax (651) 463-2591
ww\v.ci.farmin~on.mn-us
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VARIA~CE APPUCA TIO~
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Premises Im'olved:
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Address' Legal Description (lor. block. plat name. section. to\\TIship. range)
Current Zoning District Current Land L'se
Specific :\ature of Request I Claimed Hardship: l':l,"\ Po.. ~o_~ W \-e~
Sl:B\lITTAL REOURDIE~TS
<'-Proof of Ownership
"A.pplication Fee ($200)
"'{loundary Lot Survey
Copies of Site Plan
Abstract Residential List I adjoining property O\\TIcrs only)
Torrens (Owner's Duplicate Certificate ofTi!1e Required)
Signature of Property Owner
~~I<<OruJIS
gn- ture of Applicant
'if I~i 107
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Request SuImDtted to ~si""
Public Hearing Set for: I 01
Planning Conunission Action: _Approved
Comments:
Conditions Set:
Planning division:
Date
Advertised in Local Newspaper:
_Denied
Date:
F~rror
9106
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.
8-27-07
V n...o... Dan;s RT ~i-e"'~e'" D;e"ska11a
J.:'\.._CU\"IIY 1 0(., IJl pII II.L 1 1 1
Variance for Rock Wall
The variance is for a rock wall on the West side of our home. We
decided on a rock wall that would blend in with the natural beauty
of the lot. It would not be an eye sore like a very tall block wall
would be. There by the natural looking wall would enhance the lot
and increase the value to all lots in the area. It is a two tiered wall
with a natural walkway to get from the front yard to the back. At
the start of the construction, we were unaware of a missing asbuilt
survey that was supposed to be provided by our builder. The walk
way was constructed so no-one would fall down the hill and be
injured. It is wide enough for children to use.
.
The wall is at least 23 feet from the pond shore. This is more than
the 15 foot easement that would be present if 2 homes were built
side by side. There would also be enough room to drive any type of
machinery within this area.
Our "immediate neighbor" on the West side of the home is a small
holding pond. The "neighbor" behind us is larger holding pond.
The water run off would not be disturbed as it would naturally run
into the pond. It will prevent the erosion of soil that could run off
without a barrier such as this wall. The 2 tiered wall is a natural
solution to a very large slope of land from the house to the pond
area.
The designer of our landscaping is our son, Nick Davis. He has put
a lot of thought and energy into designing a functional solution to
an area that would stabilize both the land next to the foundation
and any possible erosion of dirt and runoff into the pond area.
.
.
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.
CJ<.. ,4"
There is a plan to put a lawn sprinkling system in with sod in the
rest of the yard.
Weare sorry that we did not have the asbuilt survey when we
started the construction. We were given insufficient information
from the builder. Weare not trying to take advantage of anyone or
trying to build on anyone else's land. The wall is completely on
our property, but about 6.5 feet is over the easement line.
Thank you,
~..~av~
cf\~ISr
Karen Davis and Stephen Pierskalla
.
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Message
Page 1 of2
alF
Sue Miller
From: Joel Jamnik [JJamnik@ck-law.com]
Sent: Tuesday, July 24,200710:50 AM
To: Sue Miller
Cc: Lee Mann; Darrel Gilmer
Subject: RE: Structures in easement
In this situation, I support the withholding of the deck permit until the existing violation is
remedied.
As for the as-built, give them two weeks to comply, or to respond with an alternative
completion date acceptable to the City.
Joel J. Jamnik
Campbell Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN55121
Direct Dial: 651- 234-6219
Fax: 651-452-5550
Em ail: iiamnik@ck-law.com
CONFIDENTIALITY NOTICE:
This email is not, nor shall it be deemed to be, legal advice or counsel, unless the recipient already has an attorney-client
relationship with the firm or me. This email does not create an attorney-client relationship.
Information contained in this e-mail transmission is privileged, confidential and covered by the Electronic Communications
Privacy Act, 18 D.S.C. Sections 2510-2521.
[fyou are not the intended recipient, do not read, distribute, or reproduce this transmission. If you have received this e-mail
transmission in error, please notify us immediately of the error by rerum email and please delete the message from your
system.
Thank you.
-----Original Message-----
From: Sue Miller [mailto:SMiller@CI.FARMINGTON.MN.US]
Sent: Tuesday, July 24, 2007 9:34 AM
To: Joel Jamnik
Cc: Lee Mann; Darrel Gilmer
Subject: Structures in easement
Good Morning Joel, Lee Mann suggested that I contact you regarding a couple of issues we have. We
currently have a house that does not have an as-built survey and they want to build a deck. Generally, we
will not issue a building permit until the as-built survey is approved. The BIG issue is that this homeowner
7/24/2007
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Message
Page 2 of2
was constructing a retaining wall in our easement and was told twice by a city employee to stop. They
continued and it is currently in violation. We will be holding up the issuance of the permit until the
retaining wall and landscaping has been removed from the easement. I believe the homeowner will challenge
this decision. Do you see any problem with this course of action?
The second issue is this: the builder of this home is not returning phone calls to either our office or
homeowners. In order to get the as-built completed, the builder needs to have his surveyor go to the site
and resurvey, reset the property corners and submit it to the city for review. Lee is suggesting that we
send a letter indicating that the as-built is required by a certain date and if not submitted, the city will use
the escrow money to get this completed.
What kind of a time frame should we allow for this?
Thanks for your help. Sue
Sue Afiller
City of Farmington
Building Impections
651-463-1830
651-775-3158 (cell)
651-463-1611 (fax)
smiller@cijarmington.mn. us
7/24/2007
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City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Planning Commission
Lee Smick, AICP JV
City Planner (fJ
Conditional Use Permit/Home Occupation Permit - Therapeutic Massage
Therapy
September 11, 2007
The applicant, Susan Hotchkiss, has submitted an application for a Conditional Use
Permit/Home Occupation Permit involving the operation of a therapeutic massage business
within her home (Ex. A).
Planning Division Review
Applicant:
Owner:
Location of Property:
Surrounding Land Use:
Existing Zoning:
Comprehensive Plan:
Off-street parking:
Susan Hotchkiss
19975 Export Trail
Farmington, MN 55024
Jason Lange
1139 Atwood Lane
Stillwater, MN 55082
19975 Export Trail
Lot 18, Block 6, Charleswood 4th Addition
The subject property is completely surrounded by single-family
dwellings.
R-l (Low Density Residential)
Low Density Residential
Yes - two spaces in the driveway. The applicant has indicated that
there should never be more than one client/car at the premises at
any given time.
.
.
.
BACKGROUND
The applicant, Susan Hotchkiss, is requesting Planning Commission approval for a Conditional
Use / Home Occupation Permit to allow her to conduct a therapeutic massage business within
her home.
Business Proposal
Ms. Hotchkiss indicated that she would be the only person performing the massages and that she
would be available by appointment only. She has indicated that her hours would be Tuesday
through Friday, 2:00 p.m. to 9:00 p.m. and Saturday, 12:00 p.m. to 6:00 p.m.. She anticipates
that the maximum number of massages in a day would be four with an average of two to three
(based on one hour per massage).
DISCUSSION
Section 10-6-2 ofthe City Code provides as follows:
A home occupation is permitted as an accessory use if it complies with the requirements of this
section following all procedures outlined for approval of a conditional use.
(A) The home occupation shall be conducted solely and entirely by persons who reside
full time in the home
As stated above, the applicant has indicated that she would be the sole person
performing the massages.
(B) The home occupation shall be conducted wholly within the principal
The proposed operation will be conducted wholly within the applicant's place of
residence.
(C) No structural alterations or enlargements shall be made for the sole purpose of
conducting a home occupation.
The applicant will not be making any enlargements to the home to accommodate the
proposed home occupation.
(D) One home occupation shall be permitted for each principal structure.
No conditional use / home occupation permit exists for this property.
(E) Exterior displays or signs other than a two-sided, two (2) square foot, non-illuminated
sign and exterior storage of materials and exterior indication of the home occupation
or variation from the residential character of the principal structure shall not be
permitted.
.
.
.
The applicant has indicated a desire to install a small sign to the front of her garage.
If the conditional use permit is approved, a sign permit will have to be submitted to
the Planning Division for approval of and signage.
(F) The activity does not involve the manufacturing, assembly or distribution of goods
and the activity does not deal with the general retail public.
The activity being proposed will not involve manufacturing, assembly, or distribution
of goods and does not deal with the general retail public. The applicant has
indicated that her clientele will all be appointment based.
City Council Public Hearinf!
The City Council shall hold a public hearing to license the therapeutic massage business. The
Council will review the license on September 17, 2007 if the Home Occupation has been
approved by the Planning Commission.
ACTION REQUESTED
Determine if the operation of a therapeutic massage therapy business is acceptable under the
City's Home Occupation ordinance (Section 10-6-2) and recommend any necessary conditions.
;Jw
Lee Smick, AICP
City Planner
Cc: Susan Hotchkiss
e
W~@~DW~m
AUG 2 7 2007 lJ)i
By
City of Farmington
325 Oak Street. Farmin::k!lI. MN SS024
(651) 463-7111 Fax (651) 463~2S9l
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August 21, 2007
To Whom It May Concern:
With regard to my application to work as a Massage Therapist from my home in the city
of Farmington, MN, I would like to add these comments: I am a 53 year old woman who
has had to make a career change to manage a health condition - Fibromyalgia (a non-
transferable neuromuscular syndrome). Due to this condition, I can no longer work a
normal office job or a normal work schedule. It is important for me to control my own
hours and breaks to manage my condition. Because I know how vital Massage Therapy is
to myself, I chose to retrain at Minnesota School of Business as a Massage Therapist so
that I could help others in chronic pain. The number of massages that I am capable of
doing would not support a separate business location at this time and that may never
change. In all honesty, if! cannot make this work, my last option is to give in to being
disabled, which I would prefer not to do.
Thank you for your time and consideration.
.
Sincerely,
~~~
Susan K. Hotchkiss
19975 Export Trail
Farmington, MN 55024
(651) 463-8447
.
. August 27, 2007
To Whom It May Concern:
I, Susan Hotchkiss, am applying for a Condition of Use Permit and a Massage Therapist
License with the city of Farmington. My goal is to conduct a business from my home as a
Therapeutic Massage Therapist.
I graduated from the Massage Therapy program at Minnesota School of Business on
April 22, 2007. My decision to make a career change and train in Therapeutic Massage
Therapy was one of the most important decisions I have ever made. I am 53 years old and
I have Fibromyalgia Syndrome. Because I have found that Massage is so vital to
managing my health, I chose to spend my limited amount of daily energy helping others.
Because ofthis limitation, I am not able to work for someone else.
Specifics:
Hours:
Tuesday through Friday, 2:00 p.m. to 9:00 p.m.
Saturday, 12:00 p.m. to 6:00 p.m.
.
Number of Massages in a day: (based on 1 hour per massage)
Maximum - 4
Average - 2 to 3
Time in between massages:
Minimum - ~ hour
Preferred - 1 hour
** There should never be more than one client, one car.
Sign:
Would like to have a small, attractive sign attached to the front of the garage.
&.,1/.e.Uir
.
Susan Hotchkiss
19975 Export Trail
Farmington, MN 55024
(651) 463-8447
PROPERTY 10 NUMBER:
peNER:
PERTY ADDRESS:
PRO
SITE ~~y:>
RKET VALUES (P ES
2007 ESTIMATED MA LOT SIZE (EX~~~~)
83,600 ROAD EASEM
LAND: 243,900
BUILDING: 327,500 10591 SO FT
TOTAL: 024 ACRES
T' 192 .
SCHOOL DISTRIC . TION 23-114-20
1/4 SE1I4 SEC EAD
LOCATION SW ATUS: NON HOMEST
OMESTEAD ST
PAYABLE 2008 H RMILLlON RIVER
ERSHED DISTRICT: VE
WAT
ION SALE:
NEW CONSTR~~6uNT: 275,608
DATE: 7/2002
14-16503-180-06
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1139 A TWT~~ MN 55082
STILLWA
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19975 EXP ON MN 55024
FARMINGT
PAYABLE 2007 TAXES
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only Da ntact Dakota 2007 Aena
found, please co Parcels Updated 5/31/
September 5, 2007
Map Date
- INFORMATION (PAYABLE 2008):
2007 BUILDING S.FAM.RES
TYPE 2002
YEAR BUILT TWO STORY
ARCH/STYLE SO FT 1033
FOUNDATION FT 2603
FINISHED SO 4
BEDROOMS 3.25
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FRAME 0 FT 640
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.
.
.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Planning Commission
Lee Smick, AICP. o9J
City PI/lnner l/~?
Conditional Use Permit to Expand an Existing Car Wash
September II, 2007
Eric Barke, the applicant, is requesting approval of a conditional use permit for the purpose of expanding
the existing car wash located at 8 - 8th Street, Farmington, MN 55024.
Planning Division Review
Applicant:
Attachments:
Location of Property:
Surrounding Land Uses:
Existing Zoning:
Comprehensive Plan:
Current Land Use:
Proposed Land Use:
Erick Barke
19761 Oak Grove Avenue
Prior Lake, MN 55372
1. Exhibit A - CUP Application
2. Exhibit B - Resolution No. 4-65
3. Exhibit C - Site Plan
The South One Hundred Twenty (S 120) feet of Lot One (1) and the
South One Hundred Twenty (S 120) feet of Lot Two (2), Block One (1)
Bung's Addition
Commercially zoned property to the north and south. Residentially
zoned property to the west, and TH 3 to the east.
B-1 (Highway Business); Car Washes are a conditional use in this
district.
Commercial
Self-serve car wash
Car wash with expanded automated service and pet wash.
.
.
.
DISCUSSION
The applicant is proposing a 900 square foot expansion on the north side of the existing building. The
expansion project consists of converting the northern most self-service wash bay to an automatic wash
facility as well as the addition of an equipment room, vending area and a pet wash. The request is to
amend the previously approved non-conforming use (conditional use) permit to allow for the
aforementioned expansion.
Background Information
On April 5, 1965 the Village Council of Farmington held a public hearing for a non-conforming use
permit in order to locate and operate a coin operated car wash facility on the property addressed as 8 _8th
Street.
The Council approved the non-conforming use permit (see attached Resolution No. 4-65 - Exhibit B)
subject to two conditions. These conditions were:
I. That the applicant erect a suitable fence on the western portion of said premises to screen the
adjoining premises from car lights.
2. That the Village Council reserves the right to require a 12 midnight closing if operational
problems reasonably require such closing.
In 2002 the City received a complaint concerning the car wash fence that was erected to replace the
original fence which was built in 1965 to fulfill one of the conditions of the 1965 non-conforming use
permit. The complaint referenced that the new fence did not satisfy the requirements of the 1965
resolution. Planning staff reviewed the new fence in August 200 I and made a determination that the
newly erected fence met the "suitable fence" requirement from 1965. The complainant upon receiving
this determination made an appeal to the Board of Adjustment. The appeal was taken to the Planning
Commission on May 21, 2002 at which time the Commission determined the new fence did not meet the
requirements that were approved in 1965. In addition, the Planning Commission required the following:
I. The fence be modified to provide 100% screening
2. The exterior lighting be reviewed and corrected to not spill onto the adjacent property.
3. The Commission takes a neutral position on the waiver of the appeal fee.
4. The improvements be completed within 60 days of the decision of the Planning Commission
or 60 days upon resolution of an appeal.
The screening issue has since been resolved. Staff just wanted to inform the Commission of the
background concerning this property.
Setbacks and Lot Coverage Requirements
The subject property is zoned B-1, Highway Business, under which required setbacks are thirty (30') in
the front, ten (10') feet in the side a rear yards. The proposed addition, as shown on the attached site plan,
meets the setback requirements previously mentioned. The proposed setbacks are: front yard - 30', north
side yard - 24' , rear yard - 41 ' , existing south side yard - 3' .
The B-1 zoning district requires that no more than 25% of a lot be covered with structures. The site area
is 14,407 square feet in size. With the proposed addition, the total building area for the site will be
approximately 3,413 square feet or 23.689%.
.
.
.
Off-street Parking Requirements
Section 10-6-4 of the City Code does not require off-street parking for car washes. The applicant
however, is showing three parallel stalls along the northern side of the proposed addition. Staff is
comfortable with allowing the three stalls in this location.
Conditional Use Permit
The City Code provides criteria that must be satisfied for the Planning Commission to grant a conditional
use permit. Those criteria are:
1. The proposed use conforms to the district permitted and conditional use provisions and all general
regulations of this title.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous,
injurious or noxious to any other property or person and shall comply with the performance
standards listed below.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and ground to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestions in
the neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
City staff has reviewed the conditional use permit application and has determined that the request meets
all applicable City requirements for the CUP.
ACTION REQUESTED
Approve the conditional use permit amending the previously approved non-conforming use permit
(Resolution No. 4-65) and the recommendations of the Planning Commission on May 21, 2002.
Respectfully submitted,
Lee Smick, AICP
City Planner
Cc: Eric Barke
.
. ~X'.C~
City of Farmington rn rn
32' """",'" '''''''",'on, MN "024 If ~ G ~ ~, ~a ~ ~
(651i 463-711 J Fax (6511463-259i
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Submitted to Planning
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.For ol1kc use only
Adv--ertise,d in Locs.INt\v:;paper: _
Comments:
.
ConditiGll$ S,~.t:
division:
Date
9/06
269
exg
.
Resolution No. 4-65
RESOLUTICN GRANTING PERMIT FOR NCN-cn.lFORMING USE
hHEREAS? An application has been filed by Tillges Realty
Incorporated for a non-conforming use permit for the operation of
an inclosed, coin-operated car wash on the land lying and being in
the County of Dakota and State of Minnesota, described as follows,
to-wit:
The South One Hundred Twenty (S 120) feet of Lot One (1)
and the South One Hundred Twenty (5 120) feet of Lot Two
(2), Block One (1) Bung's Addition;
AND r~EREAS. A hearing has been had upon said application
on the 5th day of April, 1965, before said Village Council after one
week's published notice had been given as required by ordinance; and
~HEREAS. It appears that the premises upen which said
applicant seeks to locate and operate said car wash is, or may be,
restricted to residential use; and
tHEREAS, It appears that the advantages to the community
and the inhabitants thereof outweigh any objections that have been
made to said application;
.
NOi~, THEREFORE, BE IT RESOLVED, By the Village Council of
the Village of Farmington that a non-conforming use permit be hereby
granted to Tillges Realty Incorporated for the operation of an inclosed,
coin-operated car wash on the land above described and that the same
be authorized as a non-conforming use in accordance with the provisions
of Ordinance 128 of the Village of Farmington; PROVIDED, however, that
said permit be granted on condition that the same contain the following
stipulations:
1. That the applicant erect a suitable fence on the
western portion of said premises to screen the ad-
joining premises from car lights.
2. That the Village Council reserves the right to
require a 12 midnight closing if operational problems
reasonably require such closing.
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.
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 ... Jlj /
CIty Planner a ~
SUBJECT:
Bischel Sperling Addition Preliminary & Final Plat
DATE:
September 11, 2007
INTRODUCTION
The applicants, Michael Bischel and Kimberly Sperling, have submitted a Preliminary & Final
Plat (Ex. A) for the property addressed as 808 2nd Street. The applicant is proposing 1 single-
family lot and 2 two-family lots in the R-2 Zoning District.
. Planninf! Division Review
Applicant:
Michael Bischel
Kimberly Sperling
PO Box 194
Farmington, MN 55024
Attachments:
1. Exhibit A - Preliminary & Final Plat
2. Exhibit B - R-2 Zoning District Requirements
3. Exhibit C - Lot 3 Reconfiguration
808 2nd Street, Farmington, MN 55024
Location of Property:
Surrounding Land Uses:
2 Two-family homes to the north, single-family homes on the east
and south, and railroad right-of-way to the west.
Existing Zoning:
R-2 (Low-Medium Density Residential) Single-Family and Two-
Family Homes are a permitted use in the R-2 Zoning District.
Comprehensive Plan:
LowlMedium Density Residential
.
Current Land Use:
Tri-Plex
Proposed Land Use:
1 single-family home and 2 two-family homes.
DISCUSSION
.
The applicant is proposing 1 single-family lot and 2 two-family lots on 0.86 acres (37,461 square
feet).
Existing Conditions
The lot consists of 0.86 acres ofland (37,461square feet) which includes the right-of-way to the
center of 2nd Street. The right-of-way will be dedicated to the City upon approval of the plat.
The property contains an existing tri-plex that was built in 1880. In addition, there is
approximately 600 square foot accessory building located on the site. Both of the buildings
currently located on site are proposed to be demolished. The subject property and all adjacent
properties are zoned R-2, LowIMedium Density Residential. Adjacent to the north are two
existing duplexes, the SOO line railroad is located to west and single-family residential is located
to the south and east of this property.
Density
The net density per the City Code is defined as the "number of dwelling units per acre minus
features such as wetlands, water features (excluding storm water ponding facilities), steep slopes,
parks and open space, and major roadways". Since 2nd Street is not a major roadway, the right-
of-way is included in the net density calculations as 5 dulO.86 ac = 5.81 dulac. This meets the
maximum density requirements of 6.5 dulac in the R-2 zoning district.
. Proposed Lot Sizes, Widths, and Setbacks
The proposed lots allowed in the R-2 zoning district requires a minimum lot size of 6,000 square
feet and a minimum lot width of 60 feet for single-family lots. Two-family lots require a
minimum of 11,000 square feet and a minimum lot width of 75 feet (Ex. B). The lot sizes and
widths are proposed as follows:
Lot
Lot 1
Lot 2
Lot 3
Lot Size
6,000 SF
16,017 SF
11,052 SF
Lot Widths
75 feet
109.34 feet
77 feet
All of the lot sizes and widths meet the minimum standards ofthe R-2 Zoning District.
The setbacks for single and two-family homes require a 20-foot front yard setback, and a 6-foot
side and rear yard setback. The setbacks shown on the plat are larger than the 6-foot
requirements because the Engineering Division has required a lO-foot drainage and utility
easement surrounding the property.
Lot Configuration
.
Lot 3 is being proposed as a "flaglot" in order to meet the minimum lot size requirement of
11,000 sf for a two-family building. The narrow strip ofland included in Lot 3 on the north side
of the private street is 6 feet wide by 177.63 feet long, which encompasses 1,065.78 square feet.
.
.
.
There is a provision in the Subdivision Code that allows the city to Impose additional
requirements to the overall design of the subdivided property.
11-4-10: MINIMUM DESIGN FEATURES:
The design features set forth in this chapter are minimum requirements. The city may
impose additional or more stringent requirements concerning lot size, streets and overall
design as deemed appropriate considering the property being subdivided. The city
requires all construction to follow the engineering guidelines and standard detail plates
provided by the city engineering division. (Ord. 002-470, 2-19-2002)
It is at the Planning Commission's discretion to determine if this type of lot configuration meets
the design features intended in the Subdivision Chapter.
A solution to the above-mentioned lot configuration for Lot 3 is to run the easterly property line
of Lot 3 straight north and add approximately 1,350 square feet to Lot 3 from Lot 2 since that
Lot is proposed at 16,017 square feet, well over the 11,000 square foot minimum (Ex. C).
Access
The applicant is proposing to access the single-family and two-family lots off of a 26 foot wide
private street that will be platted as a drainage and utility easement. Twenty-six (26') feet is the
minimum width that is allowed for private streets. The proposed private street is over 150 feet in
length thereby requiring a turnaround for emergency purposes. The turnaround is shown on Lot
2 of the plat. Because the private road will be platted as an easement, the applicants propose to
create a Homeowner's Association for the upkeep of the roadway.
Engineering
The applicants and City engineers met on August 28th to discuss the drainage and grading issues
that existed on the site plan. At the meeting, staff required that the applicant pipe the storm
water drainage from a newly installed catch basin south of the emergency turnaround to the
centerline of the private street and then to the north to an existing catch basin at the southwest
corner of 2nd and Maple Streets. The proposed storm water line will be privately owned and
maintained through a Homeowner's Association.
Landscaping
The applicants propose to landscape the property with overstory trees along the south side of the
private street. Poplar trees will continue to exist on the west side of 2nd Street along with
boxelder trees near the railroad right-of-way. The applicants propose to install Techny
arborvitae and Lilacs south of the two-family buildings; however these plantings are not allowed
within the drainage and utility easement. Therefore, City staff has encouraged the applicants to
install a 6- foot tall fence on the south side of the property to screen the two-family buildings,
even though this is not a requirement of the Code. The applicants would like to discuss this
suggestion with the Planning Commissioners at the public hearing. The other plantings shown
within drainage and utility easements must be relocated outside ofthese areas.
.
.
.
ACTION REQUESTED
Recommend approval of the Bischel Sperling Addition Preliminary & Final Plat with the
following conditions:
1. Landscaping is not allowed in any drainage and utility easements.
2. Make a recommendation concerning the fence on the south property line.
3. Make a recommendation to the lot configuration of Lot 3.
Upon the recommendation by the Planning Commission, forward the recommendation to the
City Council.
Respectfully submitted,
fti/~
Lee Smick, AICP
City Planner
Cc: Michael Bischel
Kimberly Sperling
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EX.B
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 1 0 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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( IN FEET )
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The section line from the South 1/4 corner to
the North 1/4 corner has on assumed bearing of
of N 00'32' 42" E.
o Denotes 1/2 inch by 14 inch iron monument
set and marked by License No 8140.
. Denotes iron monument found.
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being 5 feet in width, unless otherwise indicated
and adjoining lot lines, and 10 feet in width,
unless otherwise indicated, and adjoining street
lines as shown on the plat.
BRANDT ENGINEERING & SURVEYING
1713 South cross Drive West, Suite A
Burnsville, MN 55306
(952) 435-1966
Sh eet 2 of 2 Sh eets
~
.
.
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 ct"
City Planner
FROM:
SUBJECT:
Joint Planning Commission/City Council Workshop
DATE:
September 11, 2007
INTRODUCTIONIDISCUSSION
The City Council has set a date for October 17. 2007 at 6 PM at City Hall to meet with the
Planning Commission concerning the Action Steps required in the 2030 Comprehensive Plan and
to get an update to the progress of the plan at that time. I have checked your responses to my e-
mail and most of you will be available.
ACTION REQUESTED
Information only.
Respectfully submitted,
~8Ji!
Lee Smick, AICP
City Planner