HomeMy WebLinkAbout06.10.03 Planning Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
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AGENDA
PLANNING COMMISSION MEETING
JUNE 10, 2003
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) May 13, Z003
3. PUBLIC HEARINGS
a)
Variance from the Minimum Lot Size Requirement in the A-1 (Agriculture)
Zoning District.
Applicant: Terry Donnelly
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b) An Ordinance Amending Section 11-4-9 of the City Code Imposing Park Land and
Trail Dedication Requirements.
Applicant: City of Farmington
c) Variance from the Minimum Lot Width Requirement for a Proposed Lot in the
Industrial Park Zoning District
Applicant: City of Farmington
d) Prelimfnary and Final Plat - Lot 1 Of the Farmington Industrial Park ZnctAddition
Applicant: City of Farmington
e) Conditional Use Permit to Operate a Daycare in the Industrial Park Zoning
District
Applicant: Jan Karrmann
f) Zoning Code Text Amendments for Camping, Garage Sales, Zoning Officer
Designation, and Setbacks along Minor Arterials \
Applicant: City of Farmington
g)
Preliminary Plat - Meadow Creek 4th Addition
Applicant: Progress Land Company
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Final Plat. MeadOw Creek 3rd Adcfft10n
Appl1cant:PrOlress. LandCOmpa",.
Appeal of a Zoning 'Officer,l)ecisiOJl Regarding Pygmy Goats
Applicant: Mt.ft Mrs. Daua Din....n . ' , .
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4. DISCUSSION
a)
b)
5. ADJOURN
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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
City Planning Commission vev
Jim Atkinson
Assistant City Planner
Variance Request - Minimum Lot Size Requirement
Applicant: Terry Donnelly
June 10, 2003
The applicant, Terry Donnelly, is seeking a variance from the mlmmum lot size
requirement in the Agriculture Zoning District (A-1) to subdivide an existing 80-acre
parcel to create a five-acre parcel and a 75-acre parcel. The newly created parcel
would be 35 acres less than required for a property in the A-1 District. According to
Mr. Donnelly, the proposed five-acre parcel would be of adequate size to
accommodate the applicant's existing home and related buildings.
PLANNING DIVISION REVIEW
Applicant:
Attachments:
Property Location:
Proposed Lot Size:
Existing Zoning:
Terry Donnelly
18679 Flagstaff Avenue
Farmington, MN 55024
1 . Application
2. Proposed Lot configuration
18679 Flagstaff Avenue
5 acres
A-1 (Agriculture District)
2020 Comprehensive Plan:
Existing Land Use:
Agriculture / Conservation
Single Family Dwelling and Agricultural Uses
Surrounding Land Uses:
Agricultural Uses
. DISCUSSION
Waiver of Plat
According to Section 11-1-5 of the City Code, ria 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 at this time since the proposed lot would not comply with
the minimum lot size requirement provided in the Zoning Code. 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 Parcel
The minimum lot size requirement for properties within the A-1 District was amended
in May of 2002. The previous minimum lot area requirement was one (1) acre and was
changed to 40 acres. Mr. Donnelly's property is currently 80 acres, which complies
with the current Code. If the subdivision were approved, a nonconforming parcel
would be created.
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The Planning Commission has granted three (3) variances from the minimum lot size
requirement in the A-1 zoning district since the Code was amended in 2002. Those
cases, however, were slightly different than Mr. Donnelly's proposal:
. the subject parcels were nonconforming at the time of the variance
request;
. the applicants were combining lots rather than splitting lots;
. the variances allowed lot combinations to proceed that increased the lot
size of the nonconforming parcels, thus decreasing the nonconformity.
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 of this
Title.
Accord;ng to the applkant, the proposed lot spUt was planned pdor to the
Code amendment ;n 2002. If the Code amendment had not occurred, Mr.
Donnelly could proceed w;th the wa;ver of plat and be ;n complete
compUance w;th the Zon;ng Code.
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The amendment was adopted, however, to prevent the creaUon of parcels
less than 40 acres, whkh ;s what ;s proposed ;n th;s case. The Plann;ng
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Commission must determine whether the anticipation of a lot spUt prior to
adoption of the amendment constitutes a hardship.
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-1 District, several properties became nonconforming. The subject
property, along with the majority of properties in the A-1 District,
however, did not become nonconforming and does comply with the
minimum lot size requirement of 40 acres.
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 Mr. Donnelly or any other person having an interest in the
property.
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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 appUcant's existing home is located on the proposed five-acre
parcel, and therefore the appearance of the property would not be altered
in conjunction with the variance and lot spUt.
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.
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The existing BO-acre parcel could be spUt to create two (2) 40-acre parcels
that would comply with the Code. This type of spUt, however, would not
be consistent with the appUcant's purpose for spUtting the property. The
appUcant is proposing to create a parcel that would be large enough only
to accommodate his existing home and related buUdings. A five-acre parcel
would achieve this purpose. The Planning Commission must determine
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whether granting a variance to create a five-acre parcel is the minimum
variance that would eliminate the potential hardship.
ACTION REQUESTED
Consider the variance from the mmlmum lot size requirement in the A-1 zoning
district to allow a waiver of plat to proceed to create a five (5) acre parcel.
Respectfully submitted,
Jim Atkinson
Assistant City Planner
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FRI 08:21 FAX 651 463 1611
CITY OF FARMINGTON
Ii1 016
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-71 (1 FAX 651-463.1611 ~~1~~t~~r~):::~,~JI{~t;'.;,~?i'Y;:
Applicant Nnme Q... D e. l:> L t ~
Applicant Address I r.. -\ Gt -l VLt fV 5' 50 2. t
Street , City
Pbone Number {'gS ,.... t{fa 3. - 7'2:8?..
Legal Description of Subject Prope~: (104 bloc~ pint name. ~tion. township. range)
I g (., 7 i FLa., .s.-J.o. ~f Avp roo'" ~ ~ '"'"5'4-0 1"1; ~'V{ tV ~f:l))... i
Current Land Use
Current Zoning District
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FoUo'Wing Attached: (please check) _ Proof of Ownership ~ BoundarylLot Survey
-A. Application fee ($200) X. Copies of Site Plan
_ Abstr-..ctlResident List (adjoining property owners only)
C1J -:: Tor",... (?1""e~rubUcrte Certillcate or Title Required)
Property Owner's Signature J-- G, 0' ~
Date 5 - 2. 3> ~o 3 t
MAY 09 '03 09:27
651 463 1611
PAGE. 16
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Farmington Planning Commission'
FROM:
Randy Distad, Parks and Recreation Director
RE:
Public Hearing on Park, Trails and Open Space Dedication Ordinance
DATE:
June 10, 2003
ATTACHMENTS: Developers Mailing List
Letter to Developers
Proposed Revised Ordinance
INTRODUCTION
On May 13, 2003, the Farmington Planning Commission held a public hearing on a
proposed amended Park Land, Trails and Open Space Dedication Ordinance (Ordinance).
At this meeting the Farmington Planning Commission approved continuing the public
hearing to its June 10, 2003 meeting in order to provide developers an opportunity to
review and provide comments on the new proposed Ordinance. Direction was given to
the Parks and Recreation Director to contact developers and make them aware of the new
proposed Ordinance and to solicit comments and feedback from the developers.
DISCUSSION
I have included with this memo a copy of the mailing list of developers who were
contacted about the proposed Ordinance. Attached is also a copy of the letter that was
mailed to developers. Steve Juetten from Newland Communities was the only developer
that I received a reply from. I met with Mr. Juetten on Monday, June 2, 2003 to discuss
questions that he had in regards to the Ordinance. I requested that Mr. Juetten send me a
letter that summarized our meeting content so that I could share it with Planning
Commission members. I have not received it yet and so am 'unable to include a copy of
the letter with this memo. Should I receive it after the packet has been mailed to
Planning Commission members, I will provide a copy of the letter to you at the June lOth
Public Hearing.
Based on the discussion with Mr. Juetten, I have attached a revised Ordinance that
reflects a change that is being proposed from the conversation that occurred with Mr.
Juetten. This proposed change is shown as eliminating the entire language in Section (Q)
Other Conditions to Be Met Prior to Deeding from the Ordinance. The deletion of this
section is shown by a line drawn through it.
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RECOMMENDATION
Based on the feedback provided to me by Mr. Juetten, I would recommend that the
proposed Ordinance be revised so that Section (Q) Other Conditions to Be Met Prior to
Deeding would be removed from the proposed Ordinance due to it being an item that is
addressed under Section (R) Park Development Fee. It is felt that the items listed under
Section (Q) would be taken care of at the time that the development was graded and
seeded for erosion control. The costs to complete these two items would be paid out of
the park development fee.
~ect~llY S~b.m:e~
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Randy Distad
Parks and Recreation Director
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
May 20, 2003
TO: Developers
RE: Amended City of Farmington Park Dedication Ordinance
The Parks and Recreation Department of the City of Farmington, working in conjunction
with the Parks and Recreation Advisory Commission, has recommended certain
modifications to the City's current Park Dedication Ordinance. The modifications in
question are reflected in a proposed Public Park, Open Space and Trails Dedication
Ordinance, a copy of which has been enclosed for your review. I have also enclosed the
City's current Park Land and Trail Dedication Ordinance, in order for you to compare
it to the proposed Ordinance.
A public hearing on the proposed Public Park, Open Space and Trails Dedication
Ordinance was conducted by the Farmington Planning Commission at its regular
meeting on May 13,2003. At that time, the Planning Commission voted to continue the
public hearing to its June 10th meeting, in order to provide developers with additional
time to review the proposed Ordinance. If you have any comments on (or questions
about) the proposed Ordinance, please either contact me at 651-463-1851 or you may
submit your comments in writing to me. If you could either contact me or provide your
written comments prior to June 2nd that would be most helpful. Any comments that you
provide will be shared with the Farmington Planning Commission members prior to and
at its June 10th meeting. You are also welcome to attend and participate in the June 10th
Farmington Planning Commission meeting, which is scheduled to begin at 7:00 p.m.
The Farmington Planning Commission, Farmington Parks and Recreation Advisory
Commission and City staff look forward to receiving your comments.
Sincerely
Randy Distad
Parks and Recreation Director
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. Developers MaHin!! List
Larry Frank
Arcon Development
7625 Metro Boulevard
Suite #140
Edina, MN 55439
Jim Allen
Allen Homes
12433 Princeton Ave
Savage, MN 55378
Steve Juetten
Newland Communities
11 000 West 78th Street
Suite 201
Eden Prairie, MN 55344
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Warren Israelson
Progress Land Company
6001 Egan Drive
Suite 100
Savage, MN 55378
Don Patton
D R Horton
20860 Kenbridge Court
Suite 100
Lakeville, MN 55044
Michael Noonan
Rottlund Homes
3065 Centre Pointe Drive North
Roseville, MN 55113
Randall Peterson
New Century
6915 West 146th St.
Suite #1
Apple Valley, MN 55124
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ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF
THE FARMINGTON CITY CODE BY AMENDING SECTION 11-4-9,
IMPOSING PARKLAND AND TRAIL DEDICATION REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA ORDAINS:
Section 1. Title 11, Chapter 4, Section 9 of the Fannington City Code is hereby amended in its entirety
to read:
11-4-9 PUBLIC PARK, TRAILS AND OPEN SPACE DEDICATION.
(A) Purpose. This Ordinance is adopted for the purpose of providing for the
recreation, health, safety and welfare of the public through the orderly development of
recreation areas and the conservation of natural resources and scenic beauty in the City of
Fannington. The City Council finds that the dedication requirements of this Ordinance are
necessary to meet the minimum needs for parks, trails, wetlands and open space resulting
from development of the uses subject to this Ordinance.
(B) Land Dedication ReQuired for Parks, Trails and Open Space. Minnesota
Statutes Section 462.358, Subd. 2b provides that municipal subdivision regulations may
require that a reasonable portion of any proposed subdivision be dedicated to the public or
preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands,
or open space, and that the municipality may alternatively accept an equivalent amount in
cash.
In every plat, re-plat or subdivision of land allowing development for residential,
commercial, industrial or other uses or any combination thereof, or where a waiver of
platting is granted (but excluding simple lot line adjustments which do not create additional
lots), or when required by Paragraph C below, a reasonable portion of such land shall be set
aside and dedicated by the owner or developer to the general public for parks, trails or public
open space, or an equivalent amount in cash shall be paid to the City. For purposes of this
Ordinance, the term "developer" includes all owners, developers or subdividers who have an
interest in or control over the land to be subdivided. It is hereby found and declared that,
pursuant to Minnesota Statutes, Section 462.358, Subd. 2b, it is reasonable to require
dedication of an amount of land equal in value to that percentage of the undeveloped land
set forth in Paragraph C below. It is also found that the primary users of neighborhood
parks live in close proximity to the park. Said land shall be suitable for public use as parks,
trails, and open space or for one of those purposes, as shall be determined in the sole
discretion ofthe City, and the City shall not be required to accept land which will not be
useable for parks, trails or open space or which would require extensive expenditures on the
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part of the City to make them useable. The City will not give park dedication credit for
floodplains, wetlands, stormwater ponding areas, or for required sidewalks or walkways
within road right of ways. All land dedicated for parks, trails, and/or open space shall be
designed to incorporate natural features as much as possible such as river, streams, wildlife
habitats, woodlands, and ponding areas. This dedication shall be in addition to the land
dedicated for streets, alleys, storm water ponds or other public purposes.
(C) Dedication Formula for Parks Land. Trails and Open Space.
The amount of land required to be dedicated by a developer for park, trail or open space
shall be based upon the net area (gross area minus area required for public streets and storm
water detention pond areas) ofthe land to be subdivided which could be developed for
residential, commercial, industrial or other non-residential purposes, shall be determined at
the time of preliminary plat approval, and shall be calculated as follows:
(1) Residential Development.
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Dwelling Units/Acre
0-2.5
2.6-5.0
5.1-7.5
7.6-10.0
10.1-12.5
12.6-16.0
Land to be Dedicated for
Parks, Trails and Open Space
11%
12%
13%
14%
15%
16%
For each additional 2.5 units over 16/acre, add .25%.
If a lot which was a platted lot before the effective date of this Ordinance is
split into two (2) lots, the land to be dedicated shall be five percent (5%) of
the original lot.
(2) Industrial Development. In industrial developments, five percent (5%) of
the gross area included in the land to be subdivided shall be dedicated for
parks, trails and open space.
(3) Commercial Development. The park, trail and open space dedication
requirement of the land to be subdivided for a coriunercial, light industrial
and/or non-residential subdivision or development shall be five percent (5%)
of the gross area included in the land to be subdivided.
(4) Mobile Home Park Development. The park, trail and open space
dedication requirement for a mobile home park shall be based on the same
requirements as Paragraph C (1) and shall be determined prior to the
developer receiving approval ofthe site plan for such development.
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(D) Conformance with Comprehensive Plan. Land dedicated under this Ordinance
shall reasonably conform to the City's Comprehensive Plan. The Planning Commission and
Park and Recreation Advisory Commission shall recommend to the City Council to adopt as
part of the Comprehensive Plan the location ofland for future parks, trails and open spaces
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in the City. If the Comprehensive Plan for the parcel ofland to be subdivided calls for public
property in excess of that required by Paragraph C, the Planning Commission and City
Council shall, before approval or disapproval of the preliminary plat, consider the
Comprehensive Plan and determine whether to take the necessary steps to acquire, by
purchase or condemnation, all or part of the additional public property as called for by the
Comprehensive Plan. If the City's Trail Master Plan shows a trail within a development, it
must be dedicated by the owner.
(E) Cash in Lieu of Land. The City shall have the option to require cash contributions
in lieu of accepting dedication of land or, if the City Council determines that land is needed
in the development, but in a lesser amount than the required proportionate share, the Council
may require payment of cash in lieu ofland dedication based on a pro.rata share of the land
dedication that otherwise would be required. Contributions of cash in lieu of land shall be
placed in a special reserve park fund which shall be held and used by the City to acquire
land for, or to improve, parks, playgrounds, trails or public open space.
(F) Timin1!. The requirements of this Ordinance for dedication of land or for
contribution of cash in lieu of land shall apply at the time of final plat approval, replat,
minor subdivision, or waiver of platting, and shall apply to any plat, replat, subdivision,
waiver of platting, or development which receives final approval after the effective date of
this Ordinance.
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(G) When Cash Shall Be ReQuired. The City shall require a cash payment in lieu of
park, trail and open space dedication whenever the proposed dedication of land for public
use is not suitable for the intended use, is too small for practical maintenance, or whenever
cash payment would be more beneficial to the development ofthe overall park system than
dedication of the land within the property to be developed.
(H) Determination of Cash Payment. If the City elects to accept a cash payment in lieu
of land for park, trails or open space dedication for a residential, industrial, commercial, or
other non-residential development, the developer shall pay to the City the appraised fair
market value of the land (at the time of final plat approval) that would otherwise be
dedicated for park, trail and open space under Section 1310: 1303. The total amount of cash
payment in lieu of land owed to the City shall be determined by taking the total number of
acres owed multiplied by the per acre appraised fair market value of the total development.
If the development already benefits in some way from previous improvements such as
streets, utilities or other improvements at the time of the final plat, these improvements will
be included in determining the appraised fair market value of the land. The appraised fair
market value of the land shall be determined by a qualified licensed appraiser and shall meet
the Uniform Standards of Professional Appraisal Practice. The appraiser shall be mutually
selected by the City and the developer. The appraisal fee shall be paid by the developer.
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(I) Combination of Land and Cash Dedication. If the City accepts land for park,
trails or open space dedication in less than the amount required by Paragraph (C), the
developer shall pay to the City the appraised fair market value of the land in excess of the
percentage ofland required to be dedicated. The appraised value of the excess land shall be
determined by the method specified in Paragraph (H).
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(J) More Dedication. If the City requires park, trails or open space dedication in
excess ofthe amount ofland required by Paragraph (C), the City shall pay to the developer
the fair market value ofthe land in excess ofthe percentage ofland required to be dedicated.
The fair market value of the excess land shall be determined by the method specified in
Paragraph (H).
(K) Dedication Process. Prior to the dedication ofthe required property, the developer
shall provide the City with evidence of title in a form acceptable to the City Attorney or a
title insurance policy insuring the City's interest in the property. In any dedication of
required land, the developer must have good and marketable title to the land, free and clear
of any mortgages, liens, encumbrances or assessments, except easements or minor
imperfections of title acceptable to the City.
(L) Modification of Requirements. The dedication requirements based on the
development's proportional share of the City park system are presumptively appropriate. A
developer may request a deviation from the presumptive requirements based upon the
anticipated impact of that particular subdivision. The request must be made to the City
Council as part of an application for final plat approval. The City Council, after
consideration of the request, may modify or reduce the requirements of this ordinance.
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(M) Trail Construction. When the City's Trail Master Plan identifies a trail or trails to
be constructed in the land to be subdivided, the developer_shall be required to pay for the
construction of the trail improvements. The construction specifications of trails shall be
determined by the City Engineer and Parks and Recreation Director. Whenever possible,
trails shall connect with existing trails and/or sidewalks. The City's Planning Division,
Parks and Recreation Department and Engineering Department shall determine when it is
feasible for trails to be constructed to encircle ponding or wetland areas.
(N) Review bv Parks and Recreation Director. The City's Planning Division shall
transmit a copy of all development plans involving land to be dedicated for parks, trails and
open space to the Parks and Recreation Director who shall report back to the Planning
Division on the appropriateness of any proposed park, trail and open space dedication.
(0) Credit for Private Open Space. Where a private open space for park, recreation or
trail purposes is provided in a proposed subdivision and such space is to be privately owned
and maintained by the future residents ofthe subdivision, a credit of up to twenty-five (25)
percent of the requirements of Section (C) may be given, provided that the following
conditions are met:
(1) That such land area is not occupied by non-recreational buildings and is
available for the use of all residents of the proposed subdivision.
(2) That required setbacks shall not be included in the computation of such
private open space.
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(3)
That the use of the private open space is restricted for park, recreational and
trail purposes by recorded covenants which run with the land in favor of the
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future owners of the property within the tract and which cannot be defeated
or eliminated without the consent of the City Council.
(4)
That the proposed private open space is of an appropriate size, shape,
location, topography and usability for park, recreational and trail purposes or
contains unique natural features that are important to be preserved.
(5)
That the proposed private open space reduces the demand for public
recreational facilities to serve the development.
(P) Park Tree Reauirements. The subdivider or developer shall preserve all existing
trees to the greatest extent possible during the grading process on the land that is to be
dedicated for a park, trail or open space. In cases where a significant tree or trees are lost
during the grading process on the land that is to be dedicated for parks, trails or open space,
the developer shall be required to replace each significant tree lost with two new trees that
are at least two inches in caliper.
(Q) Other COBditioBs To Be ,Met Prior to DeediBe:. Prior to deaieatiag laRa for fHH'k,
trails, or open spaee, the land shall meet the f-alloy:iag eoaditioas:
(1) <kading ia the 13ark sha:ll eanform to the gradiag plaR as a1313roved by the City
Engineer aRa Parks aRa Reereatian Direetor.
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(2)
Raeks that are twa (2) inehes ar greater ia diameter saall aa'/e beea remaved
Ham the land.
(3) 1'.. mhHm1ffi1 of fom (4) iFlehes afblaek dirt shall have beea 13r-evided by the
developer d0fleadent OR saasoil material as aetermined by the City ERgiaeer
aRd Parks aRa Reereatioa Direetor.
(4) A 13erellllial gI"ass shall ha':e beea seeded iR the ameHnt ef 5Q 75% KeBtaeky
Bluegrass ana 25 50% Perennial Ryegrass. DHring th:e iaitial seediag efthe
park, a l:}l:liek establisaiRg amH:1al grass sHeh as aats ooal:lla be seeaed to
prevent sail arosiaR 1:mtil the 13eremHal grass has aR a1313ort1:lflity ta beeame
established.
(5) Berare the filing oft-he fiFlal131at, the O'::Rer shall have 13raviaed an
Irrevaeable Letter af Cfeait, Perfarmanee BaRd, af Cash Esera'N iFl the
ame1:mt afthe imflravemeats ta be maae ta the park, ta eRsare that all
impro'/emems ',vill be eam131eted. FiRaReial g1:1arantees shall be el:}l:lal te the
Sl:lfl1 of eRe ffimdrea aIld ty:eRty five 13ereem (125%) eft-he total eost,
iaelaaing materials ana labor. The City shall be entitlea to reim91:H'se itself
out of saia Rma for allY eX13eRses iRel:lITea by tae City ta eerreat er eam13lete
the 'Nerk.
.
f&j !Ql Park Development Reauired or Alternative Fee. Where land is required
to be dedicated for parks, trails or open space the developer shall improve the park land with
minimum improvements specified or agreed to by the City, or an equivalent park
.
.
.
development fee shall be paid by the developer to assist in funding the development of a
park which will serve the new subdivision. The minimum improvements or park
development fee will be based on an average cost of $30,000.00 per acre to develop a park.
Ifthe City determines to require a fee in lieu ofthe minimum improvements, the developer
will be charged $15,000.00 ofthe costs to develop each acre of park and the City will pay
the remaining costs to develop the park. The park development fee will be adjusted annually
for inflation based on the National Engineering News Record Construction Cost Index
starting January 1, 2004. The park development fee shall be deposited in a special reserve
park fund and shall only be used for the development ofthe park, trails and open space
dedicated in the land to be subdivided. In cases where cash in lieu of land is taken, the park
development fee shall be deposited in the special park reserve fund and shall be used in the
development or improvement of other public parks, trails or open space that are located in
the closest proximity to the development. The City shall allow the developer to either pay
the entire park development fee at the time of final plat filing or to pay the park development
fee on a per unit basis at the time that a building permit is issued for each unit to be
constructed in the development, provided that all park development fees shall be paid within
five (5) years of approval of the final plat.
ts1 (R) Initial Development of Land Dedicated for Parks and Trails.
The Parks and Recreation Advisory Commission shall determine the schedule for
developing land dedicated for new parks and trails.
fB (8) Infrastructure. The developer shall bring utilities a reasonable distance inside
the property line ofthe future park, as determined by the City Engineer, and shall cap them
off at no cost to the City. Utilities shall include gas, storm sewer, water, electricity and
sanitary sewer. The location where such utilities are to be brought into the future park shall
be determined by the City Engineer and Parks and Recreation Director.
AA (T) Park and Trail Access. All land dedicated for parks shall have at least one
hundred and fifty (150) feet of street frontage on at least one side. All trails shall have at
least a twenty (20) foot wide access where the trail connects to a street or sidewalk.
Section 2. Effective Date. This ordinance shall be effective immediately upon its passage and
publication.
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Variance Request - Minimum Lot Width Requirement
Applicant: City of Farmington
DATE:
June 10, 2003
INTRODUCTION
The City of Farmington is seeking a variance from the minimum lot width requirement
in the Industrial Park Zoning District (IP) to create a parcel that would have 100 feet
of frontage on 20ath Street, 50 feet less than required in the IP zoning district.
DISCUSSION
The City is in the process of re-platting Lot 2 Block 1 of the Farmington Industrial Park
Phase II. As shown on the attached survey, three (3) parcels would be created. Parcel
3, however, would only have 100 feet of frontage on 20ath Street. According to the
Zoning Code, 150 feet of frontage is required for properties within the IP zoning
district.
20ath Street currently terminates at the east boundary of the Industrial Park.
According to the 2020 Thoroughfare Plan, a minor collector is planned to connect the
Middle Creek development (north of the Industrial Park) to 20ath Street along the
eastern boundary of the Industrial Park. Parcel 3 would eventually have access to the
planned collector. Until the collector is constructed, however, access would be from
20ath Street.
In order to minimize the area utilized for temporary access to Parcel 3, the City
proposes to create a lot width that is less than required. A 50-foot variance would be
required to accomplish the lot configuration shown on the attached survey.
The Planning Commission, acting as 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 of this
Title.
The non-standard configuration of proposed Parcel 3 is necessary given the
location of the gas line easement and the current lack of street access to
the east. Complying with the minimum lot width requirement would create
a larger unusable area within Parcel 3 adjacent to 20ath Street that would
remain even after the planned collector was constructed to the east and
adequate frontage is provided.
2. The conditions upon which a variance is based are unique to the parcel of
land for which the variance is sought and are not applicable, generally, to
other properties within the same zoning classification.
The presence of a gas line easement on the property creates a unique
situation that is not present on the majority of properties within the City.
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 gas line easement located on the property was in place prior to the
City taking ownership in the property. Therefore, the hardship was not
created by the City.
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 allow a lot width less than required by the Zoning
Code would not alter the character of the area or have a negative impact
on other property in the vicinity.
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 requested variance is the minimum necessary to alleviate the hardship.
2
.
.
.
ACTION REQUESTED
Approve the variance from the minimum lot width requirement in the IP zonin~
district to allow a proposed lot to be created with 100 feet of frontage on 20St
Street.
Respectfully submitted,
J
/~ {bL
Jim Atkinson
Assistant City Planner
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
~f(/
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Replat of Industrial Park Phase II - Lot 2 Block 1
(Preliminary and Final)
DATE:
June 10, 2003
INTRODUCTION
The City of Farmington is proposing to replat Lot 2 Block 1 of the Farmington
Industrial Park Phase II to create three (3) lots. The existing parcel consists of 9.37
acres and is owned by the Farmington Housing and Redevelopment Authority (HRA).
Planninf! Division Review
Area Bounded By:
Wetland to the north, 20ath Street to the south,
Bernard-Dalsin to the west, and agricultural uses to
the east.
Existing Zoning:
IP (Industrial Park) District
Existing Conditions:
Agricultural uses are currently present
Topography:
The site is relatively flat
DISCUSSION
The existing parcel is located in the Farmington Industrial Park Phase II and is the last
property owned by the HRA in the Industrial Park. The property has remained unsold
in part due to development constraints on the site. A gas line easement traverses the
site which limits the buildable area of the property. There has been considerable
interest expressed recently by various companies to locate in the Industrial Park if
smaller lots were available. Replatting the existing property would create smaller lots
and minimize the impact of the gas line easement, possibly attracting additional
companies to the Industrial Park.
.
.
.
As shown on the plat, two (2) lots would be created south of the gas pipeline and one
(1) lot would be located north of the pipeline. Parcel 3 would have access from 20ath
Street to the south and will have access to the east via a future road that would be
located to the east of Parcel 3 connecting the Middle Creek development to 20ath
Street. The southern portion of Parcel 3 would have 100 feet of frontage on 20ath
Street. According to the Zoning Code, properties must have at least 150 feet of
frontage in the Industrial Park zoning district. In order for the plat to proceed, a
variance from the minimum lot width requirement would be necessary.
Area Summary
Lot 1, Block 1 =
Lot 2, Block 1 =
Lot 3, Block 1 =
Total Area =
3.3a acres
2.54 acres
3.45 acres
9.37 acres
ACTION REQUESTED
Recommend approval of the preliminary and final plat for the replat of Lot 2 Block 1
of the Farmington Industrial Park Phase II Addition contingent upon the following
condition:
. A variance from the minimum lot width requirement shall be granted for Parcel 3.
Respectfully submitted,
q~~
Jim Atkinson
Assistant City Planner
Attachments:
1. Proposed Plat
a
DELMAR H. SCHWANZ
~AND SIIRV~WORS. INe
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104750 SOUT~ ?G8ERT TRAil ROSE MOUNT. M.NNESO r A 55068 651'423-1769
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
10' G-
FROM: Jim Atkinson
Assistant City Planner
SUBJECT: Conditional Use Permit - Operate a Commercial Daycare in an IP
(Industrial Park) Zoning District
Applicant: Jan Karrmann
DATE: June 10, 2003
INTRODUCTION
Ms. Jan Karrmann has requested approval of a Conditional Use Permit to operate a
daycare in the Farmington Industrial Park. The property is zoned IP, Industrial Park.
. Plannin~ Division Review
Applicant:
Jan Karrmann
18614 Egret Way
Farmington, MN 55024
Attachments:
1. Site Plan
2. Letter from Community Development Director
- dated May 7, 2003
3. Memo from Larry White
4. Industrial Park Design Standards
Location of Property:
Portion of Lot 1, Farmington Industrial Park Phase
"
Surrounding Land Uses:
Industrial Uses to the south, west, and east.
Wetland to the north.
Existing Zoning:
IP (Industrial Park)
Comprehensive Plan:
Industrial
.
Current Land Use:
Vacant
Proposed Land Use:
Commercial Daycare
.
DISCUSSION
According to the City Code, Commercial Daycare is conditionally allowed in the
Industrial Park Zoning District. The Code provides the following criteria that must
be met in order for the Planning Commission to approve a 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 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 use 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.
Design Standards
Section 10-6-20 of the City Code requires that buildings located in the Industrial
Park zoning district comply with certain design standards (see attached). Included
in the design standards are certain requirements related to the exterior finish of
the building. According to the applicant, a combination of brick and cement
fiberboard (Hardiplank or equivalent) would be used on the front of the building,
with 100% cement fiberboard on the other three sides. At this time, the proposed
materials are in compliance with the design standards. The following is a brief
history of the issues regarding approved building materials relating to the
applicant's proposal.
Background - Exterior Building Materials
In a letter dated May 7, 2003, Community Development Director Kevin Carroll,
acting as the City Zoning Officer, determined that cement fiberboard (Hardiplank)
did not comply with the approved building materials provided in the City Code (see
attached letter). The applicant appealed the Community Development Director's
decision to the Planning Commission on May 13, 2003. The Planning Commission
overturned the decision, thus allowing cement fiberboard as an approved building
material in the Industrial Park Zoning District.
.
After the May 13, 2003 Planning Commission meeting, Mr. Jeff Thelen, property
owner in the Industrial Park, filed an appeal of the Planning Commission's decision
to overturn the Community Development Director's decision. A public hearing on
2
.
that appeal is scheduled for the June 16, 2003 City Council meeting. If the Council
upholds the Planning Commission decision, the applicant may proceed using
cement fiberboard on the proposed building. If, however, the Council overturns the
Planning Commission decision, the applicant would not be allowed to utilize
cement fiberboard.
Given the uncertainty of the pending appeal, the applicant has submitted two (2)
options regarding the exterior finish of the building. The request, provided in the
attached email from Larry White, is included with this memo. The first option
would utilize cement fiberboard on the majority of the building, with brick on a
portion of the front facade of the building. This is the preferred option and will be
utilized if the Planning Commission decision is upheld by the City Council.
The second option would use painted architectural concrete block on the entire
exterior of the building. This option will be used only if the Council overturns the
Planning Commission decision, thereby eliminating cement fiberboard as an
approved building material in the Industrial Park Zoning District.
.
The City Attorney has advised that the Planning Commission may approve both
options with the conditional use permit. This would eliminate the need to amend
the conditional use permit in the future based on the outcome of the appeal by Mr.
Thelen. Both options are included below as a condition of approval.
Setbacks
According to the City Code, the required front setback is 50 feet and the side and
rear setbacks are 25 feet. As shown on the attached site plan, the proposed
structure would comply with these requirements.
Parkin~
The City Code does not address the parking requirement for commercial daycare
facilities. Section 10-6-19 (D) addresses the parking required in the Industrial Park
zoning district, but does not provide an appropriate requirement for daycare
facilities. Given the type and size of the proposed use and its similarity to other
uses that have specified parking requirements in the Code, Staff believes that the
parking provided on the site plan (31 spaces) is appropriate.
.
Landscaping
Section 10-6-19 (E) of the City Code provides landscaping requirements in the
Industrial Park zoning district. As shown on the attached site plan, landscaping is
provided to screen the building and play area from the adjacent property to the
west. Other landscaping is provided along the front of the building and near the
parking lot. According to the Code, Planning Commission approval of the
landscaping is not required. Planning Staff is responsible for approving all
landscaping.
3
.
.
.
ACTION REQUESTED
Approve the Conditional Use Permit contingent upon the following:
1. A sign permit shall be required for any signage on the site.
2. The applicant shall comply with all applicable requirements included in Section
10-6-19 of the City Code regarding Industrial Park Design Standards.
3. The applicant shall utilize one of the following options regarding exterior
building materials:
Option 1 - Building front (south elevaUon) -- Brick up to the window sUls
and the two front corners with balance to be cement fiber board,
HardiPlank or HardiPanel (simulated stucco texture) products (see plans as
previously submitted). HardiPlank will be supplied with a factory finish
coating or the HardiPanel products will receive a field applied paint
coating.
All other sides and rear - 100% percent cement fiber board, HardiPlank or
HardiPanel (simulated stucco texture) products. HardiPlank will be
supplied with a factory finish coating or the HardiPanel products will
receive a field applied paint coating.
Option 2 - Painted architectural concrete block (rock face style) on all
exterior walls.
4. The City-initiated re-platting of Lot 2, Block 1 of the Farmington Industrial Park
Phase 2 shall be approved by the City Council.
Respectfully Submitted,
q~r3i::-
Jim Atkinson
Assistant City Planner
4
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
MEMORANDUM
To:
From:
Re:
Date:
Ms. Jan Kamnann (via fax to 651-642-4103)
Kevin Carroll, Community Development Director
Design Standards Determination (Hardiplank.)
May 7, 2003
Dear Ms. Kamnann,
This Memorandum will contIrm information that was provided to you during the course of the
joint City Council/Planning Commission/HRA meeting that was held at the Farmington
Maintenance Facility on the evening of April 30,2003. At that time, I indicated to you that one
of your proposed building materials ("Hardiplank") is not an approved or allowable exterior wall
material under the Farmington Industrial Park Design Standards, which are found in Section 1 0-
6-19 [attached] of the City Code. In particular, the City's position is that:
a. Hardiplank. is neither brick nor stone nor concrete masonry block.
b. Although it contains Portland cement, Hardiplank. is not "concrete."
c. Even if Hardiplank. is considered concrete, it is not "poured in place," "tilt up" or
"precast," which are the only three allowable varieties of concrete.
Section 10-3-4 [attached] of the City Code provides a procedure for appealing a determination of
the zoning officer. There is a $150 fee for the filing of such an appeal. If you wish to appeal,
and to have your appeal considered by the Planning Commission (sitting as the Board of
Adjustment) at the next Planning Commission meeting on May 13th, your written notice of
appeal and your filing fee will have to be received at City Hall by 10:00 a.m. on Friday, May 9th.
If you have any questions, please contact me at 651-463-1860. Thank. you.
.
.
.
Jim Atkinson
From: GRANDPROJECTS@aol.com
Sent: Thursday, June 05, 2003 10:44 AM
To: Kevin Carroll; Jim Atkinson
Cc: JKarrmann@hbLcom
Subject: Just Kidding Around Wall Materials - Final Answer
Gentlemen,
After further consideration, Mrs. Karrmann is proposing the following exterior wall materials for Just Kidding
Around.
Option 1 -- Building front (south elevation) -- Brick up to the window sills and the two front corners with balance
to be cement fiber board, HardiPlank or HardiPanel (simulated stucco texture) products (see plans as
previously submitted). HardiPlank will be supplied with a factory finish coating or the HardiPanel products will
receive a field applied paint coating.
All other sides and rear - 100% percent cement fiber board, HardiPlank or HardiPanel (simulated stucco
texture) products. HardiPlank will be supplied with a factory finish coating or the HardiPanel products will
receive a field applied paint coating.
Option 2 -- Painted architectural concrete block (rock face style) on all exterior walls. (This option will be
utilized only if the City Council votes to ban the use of cement fiber board products in the Industrial Park during
the June 16, 2003 meeting.)
Please call if you have any questions or comments.
Larry White
612 644-9023
06/05/2003
10-6-20: INDUSTRIAL PARK DESIGN STANDARDS:
.
(A)Building Material And Design:
1. Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or
more of the following materials and shall receive prior approval of the city:
(a) Brick: Size, type, texture, color and placement shall be approved.
(b) Stone: Stone shall have a weathered face or shall be polished, fluted or broken
face.
(c) Concrete Masonry Block: Concrete masonry block shall be those generally
described as "customized architectural concrete masonry units" or shall be broken
faced brick type units with marble aggregate. All concrete masonry units shall be
coated with a city approved coating. There shall be no exposed concrete block on the
exterior of any building unless approved by the city.
(d) Concrete: Concrete may be poured in place, tilt up or precast; and shall be
finished in stone, textured or coated, with a minimum life expectancy of ten (10) years.
2. Alternate Materials: Alternate exterior surface materials of preengineered metal may
be substituted in an amount not to exceed six percent (6%) of the exterior wall surface
. area of each building if the following conditions apply:
(a) Used for housing or screening equipment necessary to the manufacturing
operations;
(b) Architecturally compatible with the building as a whole as determined by the city
planning division;
(c) Compliance with any additional screening and/or landscaping requirements of the
city; and
(d) Modifications are made with prior written approval of the city planning division.
3. Alterations To Buildings: Any alterations to buildings shall meet all requirements of
this chapter.
4. Canopies: Canopies with visible wall hangers shall not be permitted. Design of
canopies shall be in keeping with the design of the building and shall be approved by
the city prior to construction or alteration.
.
5. Roof Mounted Equipment: All rooftop equipment shall be set back a minimum of
twenty feet (20') from the edge of the roof and shall be screened. Screening shall
consist of either a parapet wall along the roof edge or an opaque screen constructed of
the same material as the building's primary vertical exposed exterior finish. Equipment
shall be painted a neutral color. The site plan shall indicate all mechanical rooftop
equipment and shall include elevations.
. 6. Loading Docks: The design of the loading docks shall be incorporated into the overall
design theme of the building and constructed of materials equal to or the same as the
principal building. The loading dock areas shall be landscaped and/or screened so that
the visual and acoustic impacts of their function is fully contained and out of view of
adjacent properties and public streets. The required width for a landscaped yard along a
local collector/industrial or local street is ten feet (10'). The architectural design shall be
continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses
that abut County Highway 50 and/or County Highway 31 shall not construct loading
docks that front these roadways.
7. Trash Containers: Trash containers or trash compactors shall not be located within
twenty feet (20') of any street, sidewalk or internal pedestrianway and shall be screened
by a six foot (6') masonry wall on three (3) sides of the trash unit.
8. Coverage: Unless otherwise approved by the city, the ratio of building square footage
and parking area shall not exceed sixty five percent (65%) of the total square footage of
any building site within the affected property.
(B)Utilities: All buildings and structures shall be served by underground utility distribution
facilities. The installation of such utilities shall not change the grade or contour of the
city approved grading plan for the site.
.
(C)Building Setbacks: No building or other structure shall be erected within fifty feet (50') of
the front property line; or twenty five feet (25') of the side and rear property lines. If two
(2) or more lots are developed as one site, the interior common lot line shall be ignored.
(D)Parking Areas:
1. Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways
and loading areas shall be surfaced with asphalt or concrete pavement following the
city's engineering standard plates. In the event said surfacing cannot be completed due
to weather or seasonal restrictions, a temporary certificate of occupancy may be issued
contingent upon the extension of the security or letter of credit required under this
chapter. All parking lots located in the front of buildings or adjacent to street rights of
way shall be curbed.
2. Off Street Parking Spaces Required: Off street parking shall be provided to serve
each site. The minimum number of parking spaces shall be the greater of:
(a) One space for every six hundred (600) square feet of industrial space; and
One space for every two hundred (200) square feet of office space; and
One space for each two thousand (2,000) square feet of storage area
.
or
(b) One space per projected employee per shift.
.
3. Screening: All parking areas shall be screened as required in subsection (F) of this
section.
4. Location: Parking shall not be permitted within ten feet (10') of the front property line
(those facing any dedicated street), or within ten feet (10') of any side or rear property
line unless otherwise approved by the city.
(E)Landscaping: All open spaces shall be dustproofed, surfaced, landscaped, rockscaped
or devoted to lawns. Not less than two-thirds (2/3) of the required building setback area
from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways
of a design approved by the city planning division. Landscaping shall be installed within
ninety (90) days of occupancy or substantial completion of building, whichever occurs
first, weather permitting.
The following landscape standards shall apply to all proposed projects within the overlay
zones:
1. Street Trees: Street trees shall be planted at one canopy tree per forty feet (40') of
street frontage.
.
2. Perimeter Parking Lots: One tree and three (3) shrubs per forty feet (40') of parking
lot perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot
frontage area.
3. Interior Parking Lots: One planting island per twenty (20) parking spaces. One tree
and three (3) shrubs are required within each planting island. The planting island shall
be curbed with concrete.
4. Buffer Area: When the industrial district is adjacent to a residential district, a twenty
five foot (25') buffer is required and shall include a six foot (6') high wooden fence and
landscaping to screen the adjacent property.
(F)Screening:
1. Storage Areas: Without prior approval of the city, no outside storage areas shall be
allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse
containers or like equipment be kept in the open or exposed to public view or view from
adjacent buildings. If outside storage is given city approval, all materials and/or
containers and equipment shall be screened from view. Required screening shall
include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b)
landscaping and berms; or c) a combination of both to fully screen the outdoor storage.
.
2. Structure: No accessory structures (including, but not limited to, water towers, storage
tanks, processing equipment, cooling towers) or outside equipment shall be constructed,
erected or placed on the affected property without prior approval of the city. If such
approval is granted, such structures shall be screened from public view and the view of
adjacent buildings in a manner approved by the city planning division.
(G)Signs: All signs shall be of a design and material approved by the city planning division.
.
.
.
Unless otherwise approved, wall signs must be attached to the building, and be parallel
to and contiguous with its walls and not projecting above its roofline. No sign of a
flashing or moving character shall be installed and no sign shall be painted on any
building wall. Pole signs will not be allowed. Advertising billboards are not allowed within
the overlay zone. (General guidelines for signage available through the city planner.)
(H)Maintenance:
1. Owners and occupants of any or all of a site have the duty and responsibility, at their
sole cost and expense, to keep the site, including buildings, improvements and grounds,
well maintained, safe, clean and aesthetically pleasing. Such maintenance includes, but
is not limited to, the following:
(a) Prompt removal of all litter, trash, refuse and wastes.
(b) Provide such care as required to maintain all vegetation in a healthy and
aesthetically pleasing appearance.
(c) Maintain exterior lighting and mechanical facilities in good working order.
(d) Maintain parking areas, driveways and roads in good repair.
(e) Prompt repair of any exterior damage to any buildings and improvements. (Ord.
002-469,2-19-2002; amd. Ord. 002-477, 7-15-2002)
.
.
.
City of Farmington
325 Oak. Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission Uu
FROM:
Lee Smick, City Planner
SUBJECT:
Zoning Code Text Amendments for Camping, Garage
Sales, Setbacks along Minor Arterials, and Zoning
Officer Designation
DATE:
June 10, 2003
INTRODUCTION
The City of Farmington adopted a new Zoning Code in May of 2002 that included many
changes from the previous Code. During the review process, however, some
provisions were inadvertently omitted from the new Code. The current Zoning Code
should be amended to include those provisions. Each text amendment is detailed
below and a separate approval action will be required for each.
DISCUSSION
A. CAMPING
The Development Committee reviewed the previous ordinance and recommended the
reinstatement of the previous camping provisions in the new Code with a minor
change. The City could allow the connection of water to a recreational vehicle. The
camping provision would be located in Section 10-6-13. The following was the code as
it existed before it was removed.
CAMPING: No person shall be allowed to camp overnight in a recreational vehicle
for three (3) consecutive nights without first obtaining a permit from the Zoning
Administrator. Such vehicles will not be permitted to connect to the City sanitary
sewer or water system. (Ord. 086-183, 9-15-1986)
The amended text language is stated as follows:
10-6-13: CAMPING: No person shall be allowed to camp overnight in a
recreational vehicle for three (3) or more consecutive nights without first obtaining a
permit from the Zoning Officer. Such vehicles will not be permitted to connect to
the City sanitary sewer.
. B. GARAGEIY ARD SALES
Provisions regulating garage and yard sales would be included in Section 10-6-14. The
text remains the same as in the previous code:
10.6-14: GARAGEIY ARD SALES: Unless otherwise regulated, garage and yard sales
within residential districts shall be limited to one 3-day sale, three (3) times each
calendar year.
C. MINIMUM FRONT YARD SETBACKS ADJACENT TO MINOR ARTERIAL STREETS
The following provision would be included in Section 10-4-1 (L). The text requires
that there be a minimum front yard setback adjacent to minor arterial streets such as
CSAH 50, Pilot Knob Road, 195th Street, and Trunk Highway 3 except in the downtown
area of the City in Section 31. The text language remains the same as it existed in
the previous Code.
10-4-1 (L): The minimum front yard setback for all districts adjacent to minor
arterial streets included in the Thoroughfare Plan of the Farmington Comprehensive
Plan, except for those in Section 31, shall be fifty feet (50') from the planned right-
of-way line.
.
D. ZONING OFFICER
The proposed text amendment exists in the current code under Section 10-3-1. Due
to recent title changes for some employees, the planning coordinator position no
longer exists. The following provision should be amended to reference "City Planner"
rather than planning coordinator. The new Code will read:
10-3-1: ZONING OFFICER: The city planner, designated by the city council as
the zoning officer shall:
ACTION REQUESTED
Amend the Zoning Code in separate motions as follows:
a) Section 10-6-13: Camping
b) Section 10-6-14: Garage/Yard Sales
c) Section 10-4-1 (L): Minimum Front Yard Setback
. d) Section 10-3-1: Zoning Officer
.
.
.
Respectfully submitted,
~
Lee Smick
City Planner
.
~
.
.
1 0-6-1 6
10-6-20
10-6-16:
RELOCA TED STRUCTURE: (Rep. by Qrd. 095-357,
8-7-1995)
10-6-17: CAMPING: No person shall be allowed to camp overnight in
a recreational vehicle for three (3) consecutive nights without
.first obtaining a permit from the Zoning Administrator, Such vehicles will not
be permitted to connect to the City sanitary sewer or water system. (Ord.
086-183, 9-15-1986)
J
10-6-18: GARAGEIY ARD SALES: Unless otherwise regulated, garage
and yard sales within residential districts shall be limited to
one 3-day sale, three (3) times each calendar year. (Ord. 091-246,
5-20-1991 )
10-6-19: DISPLA Y OF VEHICLES FOR SALE: Vehicles may be
advertised for sale from the title holder's property provided
that they observe district setback requirements and are displayed on the
title holder's private driveway or parking area. Not more than one vehicle
may be so displayed. No vehicles may be advertised for sale from public
property. (Ord. 091-246, 5-20-1991)
10-6-20: TOWERS: Towers are necessary to facilitate and
accommodate the communication needs of the residents and
businesses of the City, provided they comply with the following minimum
.guidelines:
(A) Minimum Guidelines:
1. Minimize adverse visual effects through the use of careful design
and siting standards;
2. Avoid potential damage to adjacent properties from tower failure
by adhering to accepted structural standards and setback
requirements; and
3. Maximize the use of existing and approved towers and buildings in
order to reduce the number of towers needed to serve the
community.
597
City of Farmmgton
10-4-1
.
(H)
(I)
,"*' (J) .
(K)
.
.
10-4.1
If underground parking IS Inciuded as part of townhouse and
apartment developments. a credit of three hundred (300) square feet
per unit will be added for the units provided with basement garages~ .
Single- and two.family dwellings shall be erected over a basement
and include a smgle car garage of at least three hundred (300)
square feet. If a basement is either not possible or not desired. the
construction shall include a double car garage of at least four
hundred forty (440) square feet. (Ord. 086-177. 3-17-1986)
The minimum front yard setback for all districts adjacent to minor
arterial streets included in the Thoroughfare Plan of the Farmington
Comprehensive Plan, except for those within Section 31, shall be
fifty feet (50') from the planned right-of-way line. (Ord. 095-360.
10-16-1995)
In the Agricultural (with the exception of agricultural preserves) and
Conservation Districts. a maximum of four (4) dwellings per
quarter/quarter section shall be permitted, provided:
1. The dwelling units are located entirely within one quarter/quarter
section on a separately owned parcel of at least one acre in size.
2. Access to public roads is separated from adjacent driveways on
the same side of the road by a minimum of three hundred thirty feet
(330') and no closer to public road intersections than three hundred
feet (300').
3. Applications for building permits shall be accompanied by a
registered land survey of the parcel, including the location of the
proposed dwelling. (Ord. 086-177, 3-17-1986)
(l) In the R-1, R-2 and R-4 Residential Districts. the total area utiiized
by detached private garages shall not exceed one thousand (1,000)
square feet or the square footage of the principal use, whichever is
smaller. All garages must comply with maximum percentage of lot
coverage listed in Table I, Section 10-4-2 of this Chapter. (Ord.
096-378. 8-19-1996)
(M) Except in the case of a planned unit development, not more than one
principal building or structure snail be located on a platted lot or
parcel of land.
(N) Conditions under which solar energy systems will be approved
include findings that:
597
City of Farmington
.
.
.
1 0-3-1
SECTION:
1 0-3- 1:
10-3- 2:
10-3- 3:
10-3- 4:
10-3- 5:
10-3- 6:
10-3- 7:
10-3- 8:
10-3- 9:
1 0-3-1 0:
10-3-11 :
10-3-12:
1 0-3-13:
10-3-14:
t 10-3-1:
10-3-2
CHAPTER 3
ADMINISTRATION AND ENFORCEMENT
Zoning Officer
Certificate Of Occupancy
Board Of Adjustment
Appeals
Conditional Uses
Variances
Interim Uses
Special Exceptions
Appeals, Fees
Appeals To City Council
Invalidation
Amendments
Enforcement Penalties
Enforcement Remedies
ZONING OFFICER: The planning coordinator, designated by
the city council as the zoning officer shall:
(A) Administer and enforce the provisions of this title.
(B) Upon application, establish and advertise public hearings.
(C) Maintain a permanent file of all applications as public record.
(0) Maintain an updated zoning map. (Ord. 002-469, 2-19-2002)
10-3-2: CERTIFICATE OF OCCUPANCY: An application for a
certificate of occupancy shall be accompanied by a plot plan
showing the location, dimension and such other information as is required
by the building official, together with a fee as determined annually by the
city council. A certificate of occupancy shall be obtained before any person
may:
July 2002
City of Farmington
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission KPG
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Meadow Creek 4th Addition Preliminary Plat
DATE:
June 10, 2003
INTRODUCTION
Warren Israelson of Progress Land Company has submitted a preliminary plat for Meadow
Creek 4th Addition. Due to some recent modifications to the plat, however, the applicant
has requested continuation of the Public Hearing to the next regular Planning Commission
meeting.
ACTION REQUESTED
Continue the Public Hearing to the next regular Planning Commission meeting.
Respectfully submitted,
(7~ tlL-.
~ ~tkinson
Assistant City Planner
cc: Warren Israelson, Progress Land Company
File
.
.
.
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
Clty Plannlng Commlsslon
Jlm Atkinson tic!
Assistant City Planner '
Meadow Creek 3rd Addition Final Plat
June 10, 2003
Warren Israelson of Progress Land Company proposes to plat 80 single-family residential
lots in the third phase of Meadow Creek. The proposed subdivision is located east of
Prairie Creek and north of Autumn Glen in the northeast corner of the City of Farmington.
The Clty Council approved the preliminary plat on April 7, 2003.
Planning Division Review
Applicants:
Attachments:
Location of Property:
Area Bounded By:
Existing Zoning:
Surrounding Zoning:
Existing Conditions:
Warren Israelson
Progress Land Company
6001 Egan Drive, Suite 100
Savage, MN 55378
952-226-3200
Final Plat
Located ln the northeastern portion of the City of
Farmington.
Single-family residential to the west, proposed single-
family residential to the north, open space to the east
and slngle-family residential to the south.
R-1 - Single-Family Residential
R-1 Single-Family Residential to the north and south, R-1
PUD to the west and Empire Township to the east.
The property consists of vacant farmland and includes a
man-made waterway that is utilized as an outlet for
Lake Julia and runs southeasterly along the northern
boundary of the Third Addition.
.
Lot Coverage and Sizes:
The maximum lot coverage for an R-1 single-family zone
is 30%. The minimum lot size for the development is
10,000 sq. ft. The minimum lot width is 75 feet
measured at the front yard setback.
Topography:
The property is relatively flat.
DISCUSSION
The applicant proposes to plat 80 single-family lots in the third phase of Meadow Creek.
The City Council approved the preliminary plat on April 7, 2003. Since that time, the plat
has been modified to include an additional 12 lots that were originally platted as one (1)
outlot in the 2nd addition of Meadow Creek. The individual lots were not platted in the 2nd
addition due to the uncertainty of the design of the Lake Julia waterway.
Now that the design of the waterway has been clarified, the additional 12 lots may be
platted. These 12 lots would be treated similarly to lots 1-5 of block 1 in the 3rd addition
in that no building permits would be issued until construction of the waterway is
complete.
.
As shown on the plat, the block number for the 12 Lots is not labeled. The 12 Lots would
be considered 'Block 4' and should be labeled as such on the plat prior to City Council
Approval.
ACTION REQUESTED
Recommend Approval of the Meadow Creek Third Addition final plat contingent upon the
following items:
1. Lots 1-12 located north of 187th Street, west of Dunbury Avenue shall be labeled
Block 4
2. No building permits shall be issued for Lots 1-5 of Block 1 and Lots 1-12 of Block 4
until construction of the waterway is complete.
3. Execution of a Development Contract between the Developer and the City of
Farmington and submission of security, payment of all fees and costs and
submission of all other documents required under the Development Contract.
Zj:U10E:d,
Jim Atkinson
. Assistant City Planner
e
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MEADOW CREEK THIRD ADDITI
Northwest corne" of the Southeast Quarter
of Section 13, Township 114, Range 20
North line of the Southeast Quarter of
. Section 13. Township 114, Range 20
Northeasf corner of the Sl
of Section 13, Township 1
(Dakota County Cast fron
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Sec.tion 13, Tow~;~;p 114, Range 20
No Scals
100 200
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(Dakota County Cost Iron
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South line of the Southeast
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T ownsh;p 114. Range 20
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The East line of Outlot D, MEADOW CREEK
SECOND ADDITION has 0 bearing of SD"05'40"E,
.
o Denotes iron monument set and marked
by Minnesota Registration No. 13295.
. Denotes iron monument found.
No monument symbol shown on the plat
indicates monuments set according to
Minnesota Statutes, and which shall be
in place within one year after the filing
of the plot.
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lutheast Quarter
4, Range 20
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KNOW All PERSONS BY THESE PRESENTS: That Progress land Company, Inc., 0 Minnesota corporation, fee owner, Builders Mortgoge Company,
LlC, a Minnesota limited liability company, mortgagee and the City of Farmington. 0 Minnesota municipal corporation. mortgogee of the following
described property situated in the County of Dokoto, State of Minnesota, to wit:
Outlot C, MEADOW CREEK FIRST ADDITION and Outlots A and 0, MEADOW CREEK SECOND ADDITION, according to the recorded plots
lhereof, Dakota County, Minnesota,
Hove caused the some to be surveyed and plotted os MEADOW CREEK THIRD ADDITION and does hereby donole ond dedicate to the public for
public use forever the thoroughfares and cul-de-sac and also dedicate the easements as shown on this plat for drainage and utility purposes only.
In witness whereof said Progress Land Company, Inc. a Minnesota corporation, hos coused these presents to be signed by its proper officer
this_ day of . 2003.
Progress land Company, Inc.
e
Warren J. Israelson, President
State of
County of
The foregoing instrument was acknowledged before me this _ day of
land Company, Inc., a Minnesota corpomtfon, on behalf of said corporation.
, 2003, by Warren J. Israelson, President of Progress
Notary Public,
My Commission Expires
County,
In witness whereof soid Builders Mortgage Company, lLC, 0 Minnesota limited liability company, hos coused these presents ~o be signed by jts
proper officer this_ day of , 200.3.
Builders Mortgoge Compony, llC
, its
State of
County of
The foregoing instrument was acknowledged before me this _ day of , 200J, by
of Builders Mortgage Company, llC, a Minnesota limited liability company. on behalf of SOld company.
Notary Public,
My Commission Expires
County,
In witness whereof said City of Farmington. Minnesota, a Minnesota municipal corporation, has caused these presents to be signed by its proper officer
this day of . 2003.
Signed: City of Farmington, Minnesota
~ ,~
State of
County of
The foregoing instrument was acknowledged before me this _ day of
of said City of Farmington, Minnesota, a Minnesota
authority from the city council.
, 2003 by
mUnicipal corporation, on behalf of sOld corporation and pursuant t~
-
Notary Public,
My Commission Expires
County.
I hereby certify that I hove surveyed and plotted the property described on this plot os MEADOW CREEK THIRD ADDITION; that this plot is 0
correct representotion of the survey: that all distances are correctly shown on the plot in feet and hundredths of 0 foot; that all monuments
have been correctly placed in the ground os shown or wi/I be correctly placed in the ground os designated: that the outside boundary lines are
correctly designated on the plat and thot there ore no wet lands os defined in Minnesota Statutes, Section 505.02, Subd. 1 or public highways
to be designated on the plot other than os shown.
Stote of Minnesota
County of
The foregoing Surveyor's Certificate was acknowledged before me this _ day of
License No. 13295.
Alvin R. Rehder, land Surveyor
Minnesota License No. 13295
, 200.3, by Alvin R. Rehder, Minnesota
Notary Pub/k, County, Minnesota
My Commission Expires
Approved by the Planning Commission of the City of Farmington at 0 regular meeting thereof, on the _ day of 2003.
Choir
I do hereby certify that on the
, 200.3 the City Counc;' of Farmington, Minnesota appmved this plat.
day of
Moyor
Pursuant to Section 38.::50.65, Minnesota Statutes this plot has been approved this _ doy of
2003.
Fred M. Johnson, Dakota County Surveyor
I hereby certify that the toxes for the year 2003 for the land described on this plot os MEADOW CREEK SECOND ADDITION hove been paid and no
delinquent taxes ore due and transfer entered this_day of , 2003.
County Treasurer-Auditor, Dakota County, Minnesota
Document Number
e
t hereby certify that this instrument was filed in the office of the County Recorder for record on this _ day of
_ o'clock_ .M., and wos duly recorded in Boole of on Poge
. 2003 at
County Recorder, Dakota County, Minnesota
Rehder and Associates, Inc.
Sheet 1 of 3 Sheets
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
;Lfv
FROM:
Lee Smick, City Planner
SUBJECT:
Appeal of a Zoning Officer Decision Regarding The
Enclosure Distance for Pymgy Goats
DATE:
June 10, 2003
BACKGROUND
Doug and Jodi Dingman are currently ralsmg two pygmy goats in an enclosure
on their property at 18841 Embry Avenue. This is a violation of Section 6-4-2 (B) of
the City Code that reads:
ItAny horse, mule, donkey, pony, cow, goat, sheep or animal raised for fur-bearing
purposes may be kept within the City under the following conditions:
(B) The enclosure must not be located closer than five hundred (500') to a residence
not owned by the keeper of the animal."
As shown on the attached exhibit, most of the surrounding homes adjacent to the
Dingman property are within 100 - 300 feet from the goat enclosure. Therefore, the
Zoning Officer (Lee Smick) determined that this was a code violation. Mr. and Mrs.
Dingman were verbally made aware of this fact on May 16, 2003 and in a follow-up
letter on May 20, 2003 (see attached).
Mr. and Mrs. Dingman have verbally stated that they desire to appeal the decision of
the Zoning Officer. The process for an appeal is found in Section 10-3-4 of the City
Code:
10-3-4: APPEALS:
An appeal from a ruling of the zoning officer may be taken by the
property owner or agent within thirty (30) days after the order utilizing
the following procedure:
(A) The property owner or agent shall file with the zoning officer
a notice of appeal stating the specific grounds upon which the
appeal is made.
.
.
.
(B) The zoning officer shall transmit the appeal to the board of
adjustment for study and recommendation at its next regular
meeting.
(C) The board of adjustment shall make its decision within sixty
(60) days and a copy of the motion shall be mailed to the
applicant by the zoning officer. (Ord. 002-469, 2-19-2002)
ACTION REQUESTED
Consider the appeal and determine whether the enclosure distance and the pygmy
goats meets the requirements of the code.
Respectfully submitted,
(bi,1)~:1J:~, ~7
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Lee Smick
City Planner
6-4-1
6-4-2
.
CHAPTER 4
ANIMALS; FOWL
SECTION:
6-4-1 :
6-4-2:
6-4-3:
6-4-4:
6-4-5:
Definition
Keeping Within City
Herding Within City Limits
Running at Large
Unlawful to Drive Animals into City
.
6-4-1: DEFINITION: The term "rural district" as used in this Chaoter shall
include all platted and unplatted land presently wiltlin ltIe limits of
the City, or hereinafter annexed thereto, which are not developed for commercial.
industrial or urban residential purposes. Land in rural districts must be open. rural in
character and maintained generally in farm crops. pasture land, seeded or diverted
acreage. The term "urban district" as used in this Chaoter shail inciude ail other
lands within the limits of the City, or such lands hereinafter annexed thereto. which
are not within the rural districts. (10-4- 71)
.f 6-4-2:
KEEPING WITHIN CITY: Anv horse, mule, donkey, pony, cow,
goat. sheep or animal raised for fur-bearing purposes may be kept
within the City under the following conditions:
Animals must be kept within a secure enclosure.
(A)
~(B)
The enclosure must not be located closer than five hundred feet (500') to a
residence not owned or occupied bV the keeper of the animals unless:
1. Said animals were kept prior to the adoption of this Ordinance. or
2. S~d animals were kept after the adoption of this Ordinance but prior to
the existence of a residence within five hundred feet (500'). (Ord. 082-130,
4-19-82)
.
1071 ;582
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.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
May 20, 2003
Mr. & Mrs. Doug Dingman
18841 Embry Avenue
Farmington, MN 55024
RE: Violation of City Code
Property Address: 18841 Embry Avenue
Dear Mr. & Mrs. Dingman:
Dakota County Property Records indicate you as the current property owner of the address given above.
A complaint was received concerning the enclosure for your pygmy goats closer than 500 feet to an adjacent
residence. Upon inspection, staff determined that there is a violation to the City Code.
The violation to the Farmington City Code is as follows:
6-4-2: KEEPING WITHIN CITY:
Any horse, mule, donkey, pony, cow, goat, sheep or animal raised for fur-bearing purposes may be kept within
the City under the following conditions:
(B) The enclosure must not be located closer than five hundred feet (500') to a residence not owned by the
keeper of the animal.
As witnessed by the attached map, the approximate location of the enclosure is closer than 500 feet, violating
Section 6-4-2 (B) of the City Code. If this notice is ignored and/or no action is taken (i.e., failure to cease
violation or failure to contact staff within 10 days of the receipt of this letter) a follow-up notice will be sent
and a copy forwarded to the City Attorney.
If you have any questions concerning this notice of violation, please do not hesitate to call me at 651 463-
1820.
idcsince re.l y.~, ,
/," 'r/,
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Lee Smick, AICP
City Planner
cc:
Kevin Carroll, Community Director
Dan Siebenaler, Chief of Police
File
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.
City of Farmington
325 Oak. Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
May 20, 2003
Mr. & Mrs. Doug Dingman
18841 Embry Avenue
Farmington, MN 55024
RE: Appeals Process
Dear Mr. & Mrs. Dingman:
As I stated to you on May 16, 2003 at your residence, my determination concerning your pygmy goats was to
bring a request to prepare a domestic animal ordinance to the City Council. However, per our phone call on
May 19, 2003, I reevaluated the process that you should follow and proposed that you appeal the decision of
the Zoning Officer (Lee Smick) to the Planning Commission.
The appeals process is attached for your information. The appeal is $150 and may be taken to the Planning
Commission (Board of Adjustment)within 30 days of the violation notice that is enclosed. Therefore, you
have until June 20, 2003 to make your appeal. The next Planning Commission meeting will be on Tuesday,
June 10, 2003, and I propose that you make the appeal on that date. Therefore, during the time between May
20th and June lOth, you are not required to remove your pygmy goats because there is a pending appeal to the
Zoning Officer's decision.
During the appeal, you will have an opportunity to discuss your situation with the Planning Commission. If
the Planning Commission does not approve your appeal, you may ask them to direct staff to prepare a
domestic animal ordinance to allow pygmy goats within the City.
I recommend that you bring photos of the goats, along with the enclosure area and your surrounding
neighbors' property compared to the enclosure.
Your neighbors will be invited to the meeting in order to generate their input concerning the appeal.
If you have any questions concerning this process, please do not hesitate to call me at 651463-1820.
s~c~ (' ,
~~~
Lee Smick, AICP
City Planner
cc:
Adjacent Property Owners
Kevin Carroll, Community Director
Dan Siebenaler, Chief of Police
File