Loading...
HomeMy WebLinkAbout10.10.06 Planning Packet City of Farmington 325 Oak Street Farmington, MN 55024 . A Proud Past - A Promising Future Committed to Providing High QJJallty, Timely and Responsive Service to All Of Our Customers AGENDA PLANNING COMMISSION October 10, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. . CALL TO ORDER 2. APPROVAL OF MINUTES a) September 13, 2006 3. PUBLIC HEARINGS a) Riverbend 2nd Addition Preliminary Plat (Con't) b) Conditional Use Permit to allow the construction of a multi-family dwetlfng on the property addressed as 621 Elm Street (Con't) . . c) Variance request to the minimum lot size in the A-1 District from 40 acres to 18.4 acres on the Meadowview Elementary School property. \ d) Variance request to the minimum lot size in the A-1 District from 40 acres to 5 acres on the Donnelly Farms Limited Partnership property southeast of 20080 Flagstaff Avenue. e) Text amendment to City Code Section 11-4-4 (D) concerning Drainage and Utility Easements (Con't) 4. DISCUSSION (NONE) 5. ADJOURN . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission Tony Wippler ,?~G Assistant City Planner Date Filed: July 31,2006 Date Complete: July 31, 2006 Original Action Deadline: Nov. 27, 2006 New Action Deadline: Jan. 27, 2007 FROM: SUBJECT: Riverbend 2nd Addition Preliminary Plat DATE: October 10, 2006 INTRODUCTION I DISCUSSION A public hearing was noticed for the September 13, 2006 Planning Commission meeting to discuss the Preliminary Plat for Riverbend 2nd Addition. At that meeting, staff informed the Commission of the possibility of an adverse possession claim against the Riverbend 2nd Addition property by eleven property owners within the Dakota County Estates subdivision. The Commission upon learning of the adverse possession claim unanimously voted to continue the public hearing for the preliminary plat until the October 10, 2006 Planning Commission meeting. This continuance was to allow additional time for the developer to work with the residents on a solution to this issue as it may have an impact as to how the plat will ultimately be laid out. The developer has since been in conversations with the Dakota County Estates residents, however, at this time no resolution to the issue has been agreed upon. Attached is a letter from Bill Pritchard, on behalf of Homes by Chase, requesting that the public hearing be continued to the November 14, 2006 regular Planning Commission meeting as well as requesting that an extension of an additional 60 days be granted for review purposes. ACTION REQUESTED Continue the public hearing to the November 14,2006 regular Planning Commission meeting. Sincerely, ~(,J~ Tony Wippler, Assistant City Planner . Enclosure . ~ Chase ;" ,",: <.{ :--~. '.' ", - . October 4, 2006 A MAmMY Company Mr. Tony Wippler City Planner City of Fanning ton 325 Oak Street Farmington, Mn. 55024 Re: Application for Preliminary Plat Riverbend 2nd Addition Dear Mr. Wippler: Homes by Chase request that the above application schedule tor the October 10, 2006 Planning Commission, be continued untilthe next regular schedule meeting of November 14, 2006. In addition, we request that the review process be extended, up to an additional sixty days. Sincerely, . c:::&t~ William Pritchard Homes by Chase Cc: Mr. Jason McCarty Westwood Professional Services Mr. Aric T. Stienessen Jensen & Sondrall, P .A. . :!l()() \\: Cty BlI-L!, Burns\ ilk. .\I:\' ::;;),1,:7 homesbychase.com @ 'Idin: (!l:>:!i H!lH-:~IO() hl\: ((l:l:!) HllH-:!IH7 , - . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us Planning Commission Date Filed: 8-17 -06 Date Complete: 8-17-06 Action Deadline: 10-16-06 Tony Wippler \GPG Assistant City Planner Conditional Use Permit - 621 Elm Street Multi-Family Proposal October 10, 2006 Jason Stelter has requested approval of a Conditional Use Permit for the purpose of constructing a four unit multi-family building on the property located at 621 Elm Street (Exhibit A). Mr. Stelter is the current owner ofthe subject property. Plannine: Division Review Applicant/Owner: Attachments: Location of Property: Surrounding Land Uses: Existing Zoning: Comprehensive Plan: Current Land Use: Jason Stelter 19224 Embers Avenue Farmington, MN 55024 (1) Site Plan (2) Building Elevations (3) R-D Zoning Code (Section 10-5-12) (4) Aerial Photography (5) Conditional Use Permit Application 621 Elm Street Farmington, MN 55024 The subject property is completely surrounded by single-family residential uses (please note the attached aerial). R-D, Downtown Residential Low Medium Density The property currently consists of a converted signle-family residence that up until this past winter was utilized as a Chiropractic office. If the conditional use permit is approved by the Planning Commission for this project, a demolition permit will have to be obtained in order to tear down the existing structure on site. . . . Proposed Use: The applicant is proposing a four unit multi-family building on the site. It should be noted that these units are proposed as "for- sale" units and that a home owners association [HOA] is being proposed to be instituted with this development. DISCUSSION The applicant, Jason Stelter, is proposing the construction of a 2-story, 3,420 square footprint multi- family building on the property located at 621 Elm Street (please note attached elevations). According to Section 10-5-12 of the City Code, multi-family dwellings are conditionally allowed in the R-D Zoning District. The following are the bulk requirements for the R-D Zoning District: Minimum Lot Standards for Multi-Family . The R-D zoning district specifies that a lot must have a minimum lot area of 11,000 square feet for multi-family uses. The subject property meets this requirement as it is ll,922 square feet or 0.27 acres in size. . The required setbacks within the R-D District are as follows: Required Front: 20 feet Side: 5 feet Rear: 6 feet Proposed Front: 55 feet (from Elm Street) 22 feet (from ih Street) Side: 12 feet (west side) Rear: 10 feet (north/alley side) The proposed structure meets or exceeds the setback standards mentioned above. . The Maximum lot coverage of all structures with the R-D zoning district is 35%. The proposed building footprint is 3,420 square feet (95' x 36'). The subject lot is 11,922 square feet in size, equaling a lot coverage of 28.69% upon buildout, thereby meeting this requirement. . The maximum building height allowed in the R-D zone is 35 feet. The structure being proposed is a two-story building that will have a maximum height of approximately 28 feet, thereby meeting this requirement. Lot Access There are three proposed access points (all off of ih Street) into the subject property. The northern two accesses are essentially driveways that lead to four single stall tuck-under garages. The third and southernmost access into the lot is for the small off-street parking lot. As shown on the site plan there is no access being proposed from this property to the alleyway adjacent to the north. The City's traffic engineer has reviewed the site plan and found it adequate as far as transportation and access is concerned. . . . Off-street Parking Section 10-6-4 (Off-Street Parking) stipulates that 2.5 off-street parking spaces must be provided for each multi-family unit that is being proposed. The applicant is proposing a four unit building, thereby requiring a total of 10 off-street parking stalls. The attached site plan shows a total of 13 off- street parking spaces (5 striped stalls along the southern property line, 4 garage stalls, and there is enough storage room from the garage doors to the sidewalk to store at least 2 cars in each driveway. Building Elevations As previously mentioned in this memorandum, the building is being proposed as a two-story, 28 foot high structure with garage parking on the first level. The building features include the following: . Cultured stone on the front bottom 8 feet ofthe structure. . The remainder of the building will consists of a hardilap siding. All the entry doors to the units will be facing 7th Street. Landscaping A landscape plan will have to be submitted at the time of submitting a building permit application. The City Planner will have to approve the Landscape Plan. Conditional Use Permit Criteria The City Code provides the following criteria that must be met in order for the Planning Commission to approve the Conditional Use Permit: 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 persons and shall comply with the applicable performance standards. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds 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 used shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. It appears that all above-mentioned criteria will be met with the application/use. However, the Planning Commission will have to make that final determination. RECOMMENDATION Determine if the proposed application/use meets all six of the criteria mentioned above. . . . If the Commission determines the use is in accordance with the aforementioned criteria, staff would recommend the Commission approve the conditional use permit allowing the construction of a four unit multi-family on the property located at 621 Elm Street contingent upon the following: 1. The applicant obtaining all necessary permits for the demolition of the existing structure located on site. If the Commission finds that the proposal is not in accordance with the aforementioned criteria, staff would recommend the Commission deny the conditional use permit and direct staff to work with the City Attorney to prepare findings of fact. Respectfully submitted, 7W~ To~iPPler, Assistant City Planner Cc: Jason Stelter . . . ELM STREET \II 6 G) G) rn }: )> r 7i :::r:: \II ;f~- 6 m ~ r 7i z ~ [~--- a~ lJI j; I ~ 7\ .... 1 \II --\ )0 m m --\ \II (3)li r 7i o \Jm -x )>- J:U\ mc! iil~ )0--\ ~ m (VI ~ ~t ,II ]II ~I Q m ~ ~i ~' '~~~ "" "~~i ~~ ~ V>iiI ALLEY .lClB ~TION TERRY BRASEL CONSTRUCTION FARMINGTON 4-PLEX FARMINGTON, MN tJ ~ ~ ~~~~g ~~~~~ ~IJ~i ~.Je ~ I~ I . II i~ ii Ii n! ~a ~~ ;l ~l ~a~ -'IIPlll' a ~. ~ ~ ~ 4 --------0-;,1 I'~ ~I ~ I~ I ----______1 :;; "!! 'I . . , =: '" q ~ = . H ~ ~ ---------I~~ ~: ~ I~ I ----______1 ~ ~ . IV ~t II .1 ~i Q I ~ ~i ~' . iiJiil8 "'" "!~ ~~ ::< ;!I I I I J t I . - ~ . .lOB I\FONolAllON TERRY BRASEL CONSTRUCTION FARMINGTON 4-PLEX FARMINGTON, MN . ~ l~ I i~~~~ . ....~~ ~-_. "Uh ~. ~ ~ ~ ~ . ~- " n II :~ Ii !i ~i ;~ ~~ il~ ~a !~ ~! i~ ~s Ii Ii hi II i -(~ ~ ItJ aa 01 ~~! ~ i !h= I~ Iq~l Ii ~.' 114 II~ ~~ ~ Mj ~ ~ L &'.! 116" I L. &'.111&" L 1 MAIN I"'LAT!! teleHT 1 MI'o.lH I"'LAT!! lei"""' 1 ~I! ~~ . ~Ii 1i "-_ II II II II "-_ II II II II II II II II L-r- ~ "-_ II II II II II II II II L-r- ~6 . ~ ~t mi .1 ~I Q i ~ ~i ~"8ii!8 "'" "~~ ~~ =1 ~ .JOB N'ClAMA1lON TERRY BRASEL CONSTRUCTION FARMINGTON 4-PLEX FARMINGTON, MN ~ I~ I ~~~~~ ~!!d ~. ;; ~ . CJ.) 01 II 1I1 ~I Q i ~ ~ ~i "'" "~~ ~~ ~ ;!l .JOB tFOAMA'I1ON FARMINGTON 4-PLEX FARMINGTON, MN TERRY BRASEL CONSTRUCTION ~ I~ ! ~~~~~ . W'&~~ ~ ", m~~ ~ Ii~ 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: Page 1 of3 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: . (A) Purpose: The R-D downtown residential district recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The purpose of the R-D district is to accommodate existing higher density single-family and two-family residential development and promote infill of high density single-family residential development within the downtown area in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use. (Ord. 002-469,2-19-2002) (B) Bulk And Density Standards: 1. Minimum Standards: Lot area Minimum 6,000 square feet Maximum 14,400 square feet Single-family 6,000 square feet Two-family 11,000 square feet . Other 11,000 square feet Lot width Single-family 60 feet Two-family 75 feet Front yard setback 20 feet Side yard setback 5 feet Rear yard setback 6 feet Height (maximum) 35 feet Maximum lot coverage of all structures 35 percent 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 Lesser of 1,000 square feet or http://66.113.l95.234/MN/Farmington/130050000000 12000 .htm 10/4/2006 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: Page 2 of3 square feet of principal use . Storage 120 square feet Apartment 1,800 square feet Maximum number 1 of each Side yard setback 3 feet Rear yard setback With alley 1 0 feet Without alley 3 feet Height (maximum) shed 12 feet Height (maximum) garage 20 feet All standards are minimum requirements unless noted. (Ord. 002-469, 2-19-2002; amd. Ord. 004-515, 8-2-2004) (C)Uses: . 1. Permitted: Daycare facilities, in home. Dwellings, single-family. Group daycare, 12 or less persons. Group home, 6 or less persons. Public parks and playgrounds. 2. Conditional: Bed and breakfast. Churches. Clinics. . Clubs. Dwellings, multi-family. http://66.l13.195.234/MN/Farmington/l30050000000l2000.htm 10/4/2006 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: Page 3 of3 Dwellings, townhouse. . Dwellings, twin home. Dwellings, two-family. Group daycare, 13 to 16 persons. Offices. 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) . . http://66.ll3.l95.234/MN/Farmington/130050000000l2000.htm lO/4/2006 \0E S . . Creation Date: Apr 14, 2006 11:01 Modification Date: Jun 23, 2006 20:38 . D [g @ ~- u\~~! ~.'. , - ~ 2006 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us II CONDITIONAL USE PERMIT APPLICATION II <::J.A-~D)~ C , '5 k 14 ("" Telephone: (bIZ) (,3,6 - b3CZ Q Fax: (bSf) 4 b () - L, '1'Z(l 1 '7 9d-~ ~ber'~ 4-ver Wfr1INjto,v, (YJI\J S5oz-L{ Street City State Zip Code Applicant: Address: Owner: SftvVt -e... . Telephone: L-> Fax: L-> Address: .remises Involved: ~-Z\ City ~ I vV\ S+<- e-e + State Zip Code Street AddresslLegal Description (lot, block, plat name, section, township, range) Current Zoning District RD Current Land Use C ~ 'I { D P (~ r , ( lA I r-e..,,,+- b ~: \ ~\'.>,j5 Ii 4-lA~;t- Ne-vJ 6-{f2,'C.e. - .., cup f-r-.~ Specific Nature of Request: 1::>~W\(? \ ,S h fep\-A<e.. V2 ~~ C 0lv5 YV\. t.- + i"'a ; -J ~ SUBMITTAL REOUIREMENTS o Proof of Ownership 0 6 Copies of Site Plan o Application Fee 0 Abstract/Residential List (required 350' from subject property) o ary, V Lot Survey Torrens (Owner's Duplicate Certificate ofTitIe Required) . . .._~?-vL-- ?~Jb 0 (.,. Sig7'ure of Owne Date Signature of Applicant Date Request Submitted to Planning staff on Public Hearing Set for: For office use only Advertised in Local Newspaper: Planning Conunission Action: _Approved City Council Action (if necessary): Approved Denied Denied Comments: Conditions Set: Planning division: Date: Ol/OS . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Planning Commission Lee Smick, AICP V City Planner 'J-- ~ Variance Request - Minimum Lot Size Requirement Applicant: ISD #192 October 10, 2006 Independent School District #l92 is seeking a variance from the minimum lot size requirement in the Agriculture Zoning District (A-I) on the Schoolhouse Addition Plat to combine Outlots A- D, that are considered non-conforming lots, into one parcel containing 68.09 acres. The applicant proposes to subdivide the Merged Outlot Parcels (Outlots A-D) into two separate parcels comprising 18.4 acres (Parcel A) and 49.69 acres (Parcel B) respectively. PLANNING DIVISION REVIEW Applicant: Attachments: Property Location: Proposed Variance: Existing Zoning: ISD #192 District Service Center 421 Walnut Street Farmington, MN 55024 1. Variance Application 2. Legal Description - Exhibit A 3. Variance Review - Exhibit B 4. Certificate of Survey - Exhibit C 5. Schoolhouse Addition - Exhibit D Vacant property located west of the Meadowview Elementary School. Allow a lot comprised of 18.4 acres to exist in the A-I Zoning District. A-I (Agriculture District) . . . 2020 Comprehensive Plan: Urban Reserve Existing Land Use: FarmingIV acant Surrounding Land Uses: Agricultural uses surround the property, with the exception of Meadow view Elementary School that exists to the east. DISCUSSION Waiver of Plat According to Section 11-1-5 of the City Code, "a subdivider of a single parcel of land into no more than two (2) parcels may request a waiver of the formal plat review process." A waiver of plat is administratively granted and does not require formal approval by the Planning Commission or City Council. In this case, staff is unable to approve the waiver of plat for 18.4 acres at this time since the proposed lot would not comply with the minimum lot size requirement of 40 acres in the A-I Zoning District. If a variance from this requirement is granted by the Planning Commission, staff may proceed with the review of the waiver of plat application. Nonconforming Parcels The minimum lot size requirement for properties within the A-I District was amended in May of 2002. The previous minimum lot area requirement was one acre and was changed to 40 acres. The Schoolhouse Addition Plat was approved by the City Council on October 1, 2001. When the plat was created, Outlots A-D met the one acre requirement. Outlot A consisted of 9.05 acres, Outlot B consisted of 24.4 acres, Outlot C consisted of 28.95 acres, and Outlot D consisted of 5.69 acres (Exhibit D). The applicant proposes to (a) combine Outlots A-D in order to create a new conforming lot of68.09 acres and then (b) split 18.4 acres from the new 68.09-acre lot. This would result in one conforming lot of 49.69 acres and one nonconforming lot of 18.4 acres, as opposed to the four nonconforming lots that currently exist. The Planning Commission has granted four variances from the minimum lot size requirement in the A-I zoning district since the Code was amended in 2002. Those cases were similar to the School District's variance request in the following respects: . the subject parcels were nonconforming at the time of the variance request; . the applicants combined lots in order to split one lot; . the variances allowed lot combinations to proceed that increased the lot size of the nonconforming parcels, thus decreasing the nonconformity. The Planning Commission's most recent variance request to the minimum lot size in the A-I Zoning District involved the Doug Malszycki property at 19585 Flagstaff Avenue. Mr. Malszycki proposed to subdivide an existing 10-acre parcel in order to create two buildable parcels for home sites. Each parcel would be one acre and the remaining acreage would be eight. The Planning Commission denied this request because the hardship requirement was not met and 2 . . . the platting of two parcels did not meet the requirements of the Comprehensive Plan and Zoning Code. As the Planning Commission is aware, there are six criteria that need to be met in order for a variance to be approved. The School District's Attorney has analyzed the criteria and has submitted Exhibit B for review by the Planning Commission. Staff concurs with the analysis of the criteria and is recommending approval of the variance. ACTION REQUESTED Approve the variance from the minimum lot size requirement in the A -1 zoning district to allow a waiver of plat to proceed to create an 18.4 acre parcel. Respectfully submitted, ~~ Lee Smick, AICP City Planner 3 Schoolhouse Addition . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminl!:ton.mn.us II VARIANCE APPLICATION II Applicant: Independent School District No. 192 Telephone: @) 463-5011 Fax: (&W 463-5010 Address: District Service Center, 421 Walnut Street, Farmin~on, MN 55024-0329 Street City State Zip Code Owner: Independent School District No. 192 Telephone: <iill 463-5011 Fax: <.&ill 463-5010 . Address: District Service Center, 421 Walnut Street, Farmin~on, MN 55024-0329 Street City State Zip Code Premises Involved: See Exhibit A. Address! Legal Description (lot, block, plat name, section, township, range) Current Zoning District A-I Current Land Use Agricultural Specific Nature of Request / Claimed Hardship: See Exhibit B. SUBMITTAL REQUIREMENTS o Proof of Ownership 0 Copies of Site Plan o Application Fee ($200) 0 AbstractlResidential List (adjoining property owners only) o Bound / Lot Su y o Torrens (Owner's Duplicate Certificate of Title Required) OOL :40.19/' INDEPE ~ePt.25,2006 By Date Signature of Applicant . . . . > . EX. A EXHIBIT A TO VARIANCE APPLICATION Leqal Description of Premises The Premises has currently been proposed for subdivision and is the subject of a Waiver of Platting Application filed simultaneously with this application. As the requested variance arises in connection with such proposed subdivision, the Premises (which comprises a portion of merged Outlots A, B, C and 0 of the Schoolhouse Addition) is alternatively described below both as a single undivided parcel prior to the proposed subdivision, and as two separate parcels after giving effect to the proposed subdivision. Premises Prior to Subdivision: All of Outlots A and 0, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. ALSO: All of Outlot B, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, EXCEPT the North 270.00 feet of the West 275.00 feet of said Outlot B. ALSO: All of Outlot C, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, EXCEPT the South 726.00 feet of the West 600.00 feet thereof. Containing in all, 68.09 acres, more or less. Premises After Subdivision: Parcel 1 : The West 528.87 feet of Outlot B, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, EXCEPT the North 270.00 feet of the West 275.00 feet of said Outlot B. ALSO: RB 1416051-3 RIDER BENNETT . . . That part of Outlot C, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Beginning at the northwest corner of said Outlot C; thence South 00 degrees 50 minutes 34 seconds West, assumed bearing, along the west line of said Outlot C, 805.19 feet to the north line of the South 786.00 feet of said Outlot C; thence North 89 degrees 39 minutes 06 seconds East, along said north line, 528.99 feet to the east line of the West 528.87 feet of said Outlot C; thence North 00 degrees 50 minutes 34 seconds East, along said east line, 588.80 feet to the northerly line of said Outlot C; thence North 67 degrees 55 minutes 58 seconds West, along said northerly line, 567.36 feet to the point of beginning. Containing in all, 18.40 acres, more or less. Parcel 2: All of Outlots A and D, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. ALSO: That part of Outlot B, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the West 528.87 feet of said Outlot B. ALSO: Outlot C, SCHOOLHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, EXCEPT the South 726.00 feet of the West 600.00 feet thereof, and ALSO EXCEPT the following described parcel: Beginning at the northwest corner of said Outlot C; thence South 00 degrees 50 minutes 34 seconds West, assumed bearing, along the west line of said Outlot C, 805.19 feet to the north line of the South 786.00 feet of said Outlot C; thence North 89 degrees 39 minutes 06 seconds East, along said north line, 528.99 feet to the east line of the West 528.87 feet of said Outlot C; thence North 00 degrees 50 minutes 34 seconds East, along said east line, 588.80 feet to the northerly line of said Outlot C; thence North 67 degrees 55 minutes 58 seconds West, along said northerly line, 567.36 feet to the point of beginning. Containing in all, 49.69 acres, more or less. 1416051-3 2 RJ3 RIDER BENNETT f;;(. 'S . EXHIBIT B TO VARIANCE APPLICATION Pursuant to Section 10-3-6 of the Farmington City Code (the "Code"), the District hereby requests a variance from the requirements of Sections 10-5-5(B)(1) and 11-1- 5(C)(2) of the Code, as more fully set forth below. On even date herewith, Independent School District No. 192 (the "District") has filed with the City of Farmington (the "City") a Waiver of Plat Application pursuant to which the District has applied to the City for a waiver of the City's platting requirements in connection with the subdivision of the Premises described in Exhibit A to this Application. As more fully set forth in the Waiver of Plat Application, after giving effect to the proposed subdivision, one of the two resulting subdivided lots will not meet the minimum 40 acre lot size requirement applicable to parcels zoned A-1, pursuant to Section 10-5-5(8)(1) of the Code. As the failure to comply with such requirements may result in a denial of the Waiver of Plat Application, and for the hardship reasons more fully set forth below, the District requests the granting of the variance that is the subject matter of this application. . Pursuant to Section 10-3-6(C) of the Code, the board of adjustment may vary the regulations of Sections 10-5-5(8)(1) and 11-1-5(C)(2) of the Code if all of the following requirements are met: 1. Because the particular phvsical surroundinqs. or the shape, confiquration, tOPoQraphy, or other conditions of the specific parcel of land involved. strict adherence to the requlations of this title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this title. The District originally acquired the Premises on May 10, 2001. Such purchase was part of a larger land purchase pursuant to which the District acquired approximately 152 acres of land in connection with the development of Meadowview Elementary School (the "Meadowview Property"). In connection with the foregoing development, the District proceeded to plat the Meadowview Property, securing final plat approval from the Farmington Planning Commission on September 25, 2001, and from the Farmington City Council on October 1, 2001, after which the plat, known as Schoolhouse Addition (the "Schoolhouse Plat"), was duly recorded with the Dakota County Recorder. At the time of such acquisition, as well as the subsequent approval of the Schoolhouse Plat by the Farmington planning commission and city council, the minimum lot size requirement then in effect for properties within the City zoned A-1 was one (1) acre. . In May of 2002, however, the City amended the Code increasing such minimum lot size requirement from one (1) acre to forty (40) acres. The effect of such increase 1416051-3 RJ3 RIDER BENNETT . . was to render virtually all of platted outlots in the A-1 portion of the Schoolhouse Plat nonconforming, thereby eliminating the District's ability to thereafter subdivide or otherwise alter the Meadowview Property, including the Premises, in any way that would increase the nonconforming status of the Meadowview Property. If the foregoing amendment to the Code had not been adopted by the City, the District would be able, without the need for a variance, to proceed with an administrative waiver of the platting requirements, pursuant to Section 11-1-5 of the Code, and be in complete compliance with the Code. The City's 2002 amendment increasing the minimum lot size requirement for A-1 properties caused undue hardship to the District. To mitigate the effect of the 2002 amendment on the Meadowview Property, the District, by this application, proposes merging Outlot Parcels A, B, C and 0 into a combined parcel of 68.09 acres, and then splitting the combined parcel into two parcels of 18.4 acres and 49.69 acres, as follows: (a) MerQed Parcel. The District will combine Outlots A, B, C and 0 into a single parcel of 68.09 acres. (b) 18.4 Acre FlaQstaff Parcel. After the merger, the District will create one 18.4 acre parcel along the westerly perimeter of the Premises and Outlot C, adjacent to Flagstaff Avenue. (c) 49.69 Acre Parcel. The remaining portion of the Merged Parcel will comprise a single 49.69 acre parcel within the Schoolhouse Addition, thereby eliminating four then existing nonconforming parcels and creating a single parcel in conformity with the existing 40 acre minimum lot size requirement under the Code. As a result of the foregoing, the District will bring the Schoolhouse Addition closer to compliance with the existing 40 acre minimum lot size requirement under the Code than currently exists. The Schoolhouse Addition currently contains four nonconforming parcels. After the merger and split, it will contain two parcels, one of which exceeds the 40 acre minimum, and only one of which is nonconforming. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is SOUQht and are not applicable. Qenerallv. to other properties within the same zonina classification. When the Code was amended to increase the minimum lot size in the A-1 zoning district, several properties were rendered nonconforming. However, the majority of properties within such zoning district were unaffected as they were in compliance, and continue to be in compliance, with the new minimum lot size requirements. Consequently, the Code amendment created a situation similar to that of the Schoolhouse Addition for only a minority of property owners in such zoning district. The conditions upon which a variance would be based in this instance would therefore not . be applicable, generally, to other properties within the zoning district. 1416051-3 2 RB RIDER BENNETT . . . 3. The alleged difficulty or hardship is caused bv this title and has not been created bv anv persons presentlv havino an interest in the parcel of land. The hardship present in this situation was the result of action taken by the City in amending its Code, and was not created by the District or any other person having an interest in the Schoolhouse Addition property. 4. The qrantinq of the variance will not alter the essential character of the localitv or be iniurious to other property in the vicinitv in which the parcel of land is located or substantiallv diminish propertv values. Granting the variance will result in a net increase in the average lot size among the four (4) outlots affected by the merger and subdivision, including the creation of one larger outlot which exceeds the new 40 acre minimum lot size requirement. The variance will not alter the character of the locality or be injurious to other property in the vicinity. As the A-1 zoning designation will continue to apply to all of the parcels within the Schoolhouse Addition that will be so affected, the uses of such properties shall remain consistent with existing uses within such zoning district. 5. The proposed variance will not substantiallv increase the conqestion of the public streets. or increase the danqer of fire, or be detrimental to the public welfare or public safetv. The proposed variance will not result in any of the above-mentioned adverse effects. 6. hardship. The requested variance is the minimum action required to eliminate the The hardship in this instance is the act of amending the Code to increase minimum lot size requirements in the A-1 zoning district, thereby rendering virtually all of platted outlots in the A-1 portion of the Schoolhouse Plat nonconforming, and eliminating the District's ability to thereafter subdivide or otherwise alter the Meadowview Property, including the Premises. The granting of a variance to allow a single subdivision within the Premises is the minimum action required to eliminate the hardship. The District respectfully requests that the Planning Commission grant the variance, thereby permitting the waiver of plat and the consequent parcel subdivision and combinations. 1416051-3 3 RB RIDER BENNETT 0 ~ ..c:: g' C 8 ~ ~g~~-g- 1~ ]~e ~~~~ 8 1'0 %~.[ 0 .s ~~ ~~~ ~lL5 ~ g 00 2~ 8 g.~~g~;.t~ .s~ ~:io ,,00 g' epo= g.~;;~(j:S:5~ g'.8 ~'~=2~reo g: g .~g "EI.O.E: !5~i ~'5 :5.8 O.l::lO+:: OIU C7> i "E'", 8~ C) ~~5~~~ ~o: ~ Co- 00 i5'g~~ ~6~;g~.~ ~..c:5 ~gg g-8 8.~ C)~I- U~~~ i6~~~t v>Oui ~~; B~~1f6tf.~ gz.. ~ 00. ,0 ~~g ::>0'- ~~ z2 ~{ ;g ~~ 8:~i6tf.~ ~O~~~ '" :. ~]~ ~ 1Il- c1:: 0-0 Q) cP Co C ~:l~ go~'g~: ~ E~ :J 11')- 1:1:: O'OlD Q) '" gO. E0 E~ .~~~ ~ O.l:5 go~'g~~ j ~~~~: 0'" ~ O. O~ Co 0'" b Z :r___:t: !;l'i 'gi;O~~~C~~ ~ !il:j ~;jai ~~;t 'g~;u~~~'Og~ ~OG:lO ~~fi3 0 ~~:5 ~.i- ~~2~ g'~ =~ ='~ w g~] ~ O...JrDOI- O"'Z ~ ~z:. ~f~ '0 f):d;g:r;; *~:1 ~~~ - "'~- ::>0 00 e tI)<<~~ Eo< ~o 0' ~~:~~~~~~~ E :;6 ~8~ ~~i i~&:6~u:i""~COlD 0 ::>::>'" :;8 E .~ ~~l!!~~ 0.0'" 0... ~:Q~ 00 ~ =O~ ~~:~:~ 0 zO ~ - 6o.~ 8.s ~;o'g~i~~~.s ~ 00 ~~~ E~f ,; ~Iii ~~~~~ "''''z !Ill i:t:: ;z:o ~i co. ~~~:]~~~i: g ~ j: ::> o~~ u~ ;~~'O~:'g :.~~ 0 0~0 ~:i:5 !; ~l5~ u ",0 !~fd ~65~~ C 0 _C V>cs'O lLJ .1) 1 ~6~~1'E!'E..! ::r:~~ Cf) ~8~ c5...: =€-5:2i-g-55S:5\O~ .. C ~2] ~~.! '" ~~~I-~ ~ .!f~ -d ~ -gg ~~~~~;~;~~ "' il~ Uw'" g.!: 51- ~o .s1O~ 0'8 .,; i~1 ",cj:,,-"! !1i~'" Q '-.t ~1 Q)E_80 ~_;:U) o~ 0"- ~8g~ .. 8z~~~>= ~~c ~:5~ o~ :S~ ~~8~~.! ~": .. <~ 8~~ :5~O~;,~ ~~ ~~ .. ;~ ~~;; ....:l 010 '0-[ 0 0~ ~" ~-sU)e D~.~~~~-8g-8~ JI ~il!~~<Ill~ ~::5 . D:~:~~-8~~~ ~% 'O%~ ~;g~8. 0 LoJOLoJ LoJQ:: o15~ < < i~ 0 '" ~\I!il ~j!:~~~~~ ~~~~ '[~i]~ :8~&;i 0 6"ll ~~1l ~i~~ t)-.c 0 = '" z"-~ 0 -' ." -' ,~~c"5~ ~g:8~~ 0 w ." u 0 ~8~ t:~ V>E.c.c ~~ ~ w ~i ;~~ ~-8 ~~'E~.c1O ~~ ~ ~ .80:;1 ~ i8:5:5~2~1~~ 0 0 0 ~j:= ~ ....:l .r ox ~ 8 ~ ~ ~ '0. u IV -~ cD'1::t:: .....OLoJO .....f.f ;;:~ ~f:5 ~85:5~2~~~g 0 O_O~ 0 M.90.6t.68S 6L.tQOl 6 '0' OSTLS ~~'009 ,~, lO1.U"lO 3Nn 'S 3.90,6~.6SN ~ ~ :> ~ ~ lfl ...~~ v () -,' \~:; ~ o ~ E--4 ~ U ~ ~ ~ E--4 ~ ~ U 202.57 118()"12'24"E ,.... ~~ ~ ~'" r..,~ -\1. U'" ~~ ,<. ~ M.~O.ll;.68S Ll;'~Ll; ]:c 9 B '" z ;:; oJ ,.... !ti~ ~. '8'$ III 't ,-",- Ul. d.~'i ~O o IS'!; ~~1 ?~'G> Oio o ~ :!l~ <,,,, -" :!g z <" ..#. ...{~'. ~-' 0;) (#'. .~~ ....~ ~~~ ,.... ~~ ~i ~ OO'OO~ OL"~~~ SS300V Q3T10~lNOO i6 i6 OL'l;gs 3,.gs.L~.68N (J.s3M 133~lS H.l~6l) t9 'ON OVO~ AJ.NnOO . . I ~, ~ . ~ ~ lii . . ! J! B ~ ~i~ R'~2~h ;:..1 .1'J 1;1 gl~l'-g ~ ! I H I II 0 llit ~ 01 1 ~ ., " 01 ld~ w", z "'.. 0' 0_ ~~ f II ~l =n Iaft 15'0 ~~ j ~ ,i ~HJ z- 8g ~~ ,.... Q)~ ~ ~~ 009 -;;; It} ~ ~€- %~ 'c I \6 if) i fIn .. J "Z- '2.~ , ~ o~~ ~~ g ':iJ I I y~'f. ::> ~i 2.0 z lQ~i '" ~~ ~ oJ 01 .- I O~~ I In; i -,(.e, i.V~~ )..> '0 '%% ~ ~I .. ~'5 '" ~ 0 0 '" z z ~ ::J .. '" ~ M.90.6t.68S 5 . ~ l'OO9 0 II I ,0, l011no .JO ,OO'911L 'S 3Nn 'N I 3,.98~~r. I f f I \ I I f I I \ I I I LB'B~~ I I I , I I , ~ ..; iil I \ I I \ I I I I I y A1..!s6<:"t, ,5;5;"'91'( ,.... ~~ ~~ '8~ z .-< . cP ~~ ~~ U~ ~<e ~ <Xl .- 'r'" ~ o ...> o :a> OJ ~ ~ 0 '" z ;:; .. L8'Bl~ !:> 9l'l;tl 3,.gs.LS:.69N - - - 66'8l;9 3,.gs.L5:.68N -- -~Ll; z;:: 8z OOCco - ~~~s f-Q.. Q2Oc(7) 0 U~I.&J~P:;;-"" wfn ~_~ N UO ONU) x~~f3d::::- w-~Q::z..... ,.... 8~ R~ C'oI'8 z <Q ~ t?z. ? M..~~d?~'i~BS ~ SS300V 03T10~O'- O~-t~ l-~~ '03S t/~ MS ~3N>100 /tIN ~'" 89 ~5 %0 w ~.... ~;:: 8~ z , "," 0_" o~ ::'8 '" "0 I.OC71 onr'-I./re,o.oCO\h'O'O"O"'" ~ . o DO Q) > <{ :t:: CO Ui OJ CO u:: o [7 ~ {] o go ~ 0 D 0 'be 0 N ~ 0) CJ Schoolhouse Addition 195th Street ~ Uo D Outlot B 24.4 ac Outlot A 9.05 ac Meadowview Elementary School Outlot C 28.95 ac D 8.1) De Q o [? o G o D . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Planning Commission Lee Smick, AICP \L-fG City Planner Variance Request - Minimum Lot Size Requirement Applicant: Patrick & Darlene Donnelly October 10, 2006 The applicants, Patrick & Darlene Donnelly, are seeking a variance from the minimum lot size requirement in the Agriculture Zoning District (A -1) to subdivide an existing l40.l9-acre parcel that is currently farmed to create a 5-acre parcel for a home site (Exhibit A). The remaining acreage is 135.19. The newly created parcel would be 35 acres less than required for a property in the A-I District. Additionally, the proposed lot split is located on a property that is identified as Ag Preserve. Dakota County requires that the minimum size for an Ag Preserve property is 40 acres. PLANNING DIVISION REVIEW Applicant: Attachments: Property Location: Proposed Lot Size: Existing Zoning: Patrick & Darlene Donnelly 20491 Flagstaff Avenue Farmington, MN 55024 1. Application 2. Site Layout 3. Proposed Lot configuration East of20491 Flagstaff Avenue 5 acres A-I (Agriculture District) 2020 Comprehensive Plan: Existing Land Use: Urban Reserve Agricultural Use . . . Proposed Land Use: Single-Family Home Surrounding Land Uses: Agricultural Uses DISCUSSION Ag Preserve Property The Dakota County Assessor's Office oversees the Agricultural Preserve Program. As discussed on the Assessor's website, it is designed to value and tax qualifying agricultural property located in the metropolitan area, in a manner similar to out-state Minnesota. The property must be zoned long-term agricultural, with a maximum residential density of one house per forty acres. The parcel must (normally) be forty acres in size; however, smaller tracts may qualify in certain instances. The owner signs an eight-year perpetual convenant/agreement to leave the property in agricultural use, and farm using acceptable practices as approved by the County Agricultural Service. In the case of the variance request by Pat & Daria Donnelly, City staff discussed the 5-acre lot split proposal with the Assessor's Office. Dakota County interprets the lot split on an Ag Preserve as a local governance issue. The County has stated that the local government may determine if the variance for the 5-acre split meets local code standards. However, the applicants will need to inform the Assessor's Office if they wish to remain in the Ag Preserve Program or file an Expiration notice to opt out of the program after eight years. The applicants have indicated that they will remain in the Ag Preserve program. Nonconforming Parcel The minimum lot size requirement for properties within the A-I District was amended in May of 2002. The previous minimum lot area requirement was one (l) acre and was changed to 40 acres. The applicants are requesting to split 5-acres, which requires a variance to the lot standards in the A-I Zoning District. The Board of Adjustment may vary the regulations of this Title if the following requirements are met: 1. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms ofthis Title. The City Code was amended in May of 2002 to increase the minimum lot area requiredfor properties in the A-l Districtfrom one (1) acre to 40 acres. If the Code amendment had not occurred, the applicants could proceed with the waiver of plat and be in complete compliance with the Zoning Code. The amendment to the code, therefore, may have caused undue hardship to the applicants. 2 . . . 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. When the City Code was amended to increase the minimum lot size in the A-I District, several properties became nonconforming. The majority of properties in the A-I District;, however do comply with the minimum lot size thus creating a similar situation to the applicants for only a minority of property owners in the A-I District. 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 of land. The hardship, if determined by the Planning Commission to exist, was not created by the applicants or any other person having an interest in 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. Granting the variance to create a five-acre parcel would not alter the character of the area or have a negative impact on other property in the vicinity. The remaining property will continue to be farmed, meeting the A-I zoning requirements. 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 result in any of the above mentioned adverse effects. 6. The requested variance is the minimum action required to eliminate the hardship. The Planning Commission must determine whether granting a variance to create a five-acre parcel is the minimum variance that would eliminate the potential hardship. ACTION REQUESTED Approve the variance from the minimum lot size requirement in the A-I zoning district to allow a waiver of plat to proceed to create a five (5) acre parcel. Lee Smick, AICP City Planner cc: Pat & DarIa Donnelly 3 . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us II II V ARlANCE APPLICATION APPlicant:POJ-rick. 1- fAtrlfj)e J!)ynne(~elephone: ~ ~fa}-217q Address: ~441 l=1~sffifF;1w. .hirmi'mfr;n JY) 1J Street City . J State Owner: (bJri d:. 1- Our/me l'bnnJ ~ Telephone: @ ,ll!J,"3- JJ-n .Address: 'Sl1-fV7.R. tt ~ a!,Ol)(., Street City State Fax: <b51> !/h3-2J/Cf ~l5l.+ Zip Code Fax: fDSl) ifb3<l.rn Zip Code Premises Involved: Address! Legal Description (lot, block, plat name, section, township, range) Current Zoning District Current Land Use At!? Specific Nature of Request I Claimed Hardship: SUBMITTAL REQUIREMENTS o Proof of Ownership 0 Copies of Site Plan o Application Fee ($200) 0 AbstractlResidential List (adjoining property owners only) o Boundary I Lot Survey 0 Torrens (Owner's Duplicate Certificate of Title Required) p~ 'h~ () c.-J\ Signatuft\ of Prop. erty awner if f.JJ t1'WJ1.L 7: /JJ{}fUI..(..J.k.L( pate 9/22/0" Date Request Submitted to the Planning Coinmission on Public Hearing Set for: For office use only Advertised in Local Newspaper: Planning Commission Action: Approved Denied - . Conunents: Conditions Set: Planning division: Date: OliOS - - N -A [] CR64 {] o CD ~ :t:: CIl .... <Jl C) CIl u:: 90 D 0 D Pat Donnelly Proposed Lot Split ~;<,A o o ~ 0 u OJ G o D IJl D [jJ 'b" o 0 \:l Donnelly Farms LMTD Partnership 20080 Flagstaff Av 20.75 acres 0) CJ Donnelly Farms LMTD Partnership 140.19 acres Ag Preserve Property Pat Donnelly Proposed Lot Split - 5 Acres ~~~ ~~ ~ I~ZtJ:!; <J o c0 D D . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Text amendment to City Code Section 11-4-4 (D) concernmg Drainage and Utility Easements jtfU DATE: October 10,2006 INTRODUCTION This proposed text amendment was reviewed by the Planning Commission at its September 13th meeting where Commissioners suggested that revisions to the ordinance should be minimal. The hearing was . continued to the October 10th meeting for further review concerning the ordinance language. 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. The Planning Commission 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. City staff has recently discussed the proposed text amendment with the City Attorney, Joel Jamnik. Mr. Jamnik has 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 Inspections Division. All improvements within the easement are placed at the homeowner's own risk. Staff would like the Commissioners' opinions concerning the proposed changes and for the Commissioners to determine ifthey want to send the revisions to the City Council. ACTION REQUESTED . Provide comments to the Planning staff and determine if the Commission wants to send the text amendment to the City Council. ~~ Lee Smick, AICP City Planner . . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-4-4 (D) CONCERNING EASEMENTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-4-4 (D) ofthe Farmington City Code is amended as follows (new text is underlined): 11-4-4: EASEMENTS: . (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 Inspections Division. All improvements within the easement are placed at the homeowner's own risk. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2006, by the City Council of the City of CITY OF FARMINGTON By: . Kevan Soderberg, Mayor . ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of , 2006. . .