HomeMy WebLinkAbout09.11.01 Planning Packet
.
'.
.
2.
a)
b)
CITY OF FARMINGTON
PLANNING COMMISSION AGENDA
Regular Meeting
September 11, 2001 at 7:00 P.M.
1.
CALL TO ORDER
APPROVAL OF MINUTES
August 14,2001
3.
PUBLIC HEARINGS
a)
Variance Permit Application - Encroach into Required Six (6) Foot Side-yard
Setback
Applicant:
Chester & Darlene Grabowski, 608 Ash Street
Variance Permit Application - Exceed Maximum Lot Coverage within B-3
(Heavy Business) District by 1.8%
Applicant:
Press Line Industries - Michael Dantzer, 525 First Street
c)
Variance Permit Application - Encroach 60 feet into loo-foot "Protect" Wetland
Setback along a Designated Trout Stream Corridor
~
Applicant:
Thomas B. Wartman, 28120 Boulder Ridge Drive, Shorewood,
Minnesota
4. DISCUSSION
a) None
5. ADJOURN
Planning Chair:
Planning Commissioners:
City Staff:
Dirk Rotty
Todd Larson, Chaz Johnson, Ben Barker, Dan Privette
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate Planner
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farrnington.rnn.us
TO:
City Planning co~mis . on
Michael Schultz
Associate Planne
FROM:
SUBJECT:
Variance Permit Application - Encroach into Required Six (6) Foot Side-yard
Setback
DATE:
September 11, 2001
INTRODUCTION
The applicants, Chester & Darlene Grabowski, are seeking approval of a variance to encroach
into the required six (6) foot side yard setback with a proposed garage and family room addition
to their home. The applicants are also seeking approval to exceed the maximum size for attached
garages (1,000 sq. ft.) by twelve (12) square feet.
Planning Division Review
Applicant:
Chester & Darlene Grabowski
608 Ash Street
Farmington, MN 55024
Attachments:
1. Application
2. Site Plan
3. Building Diagram
4. Site Photos
5. Letter from Lucilla & Vernon Johnson
Property Location:
608 Ash Street
Variance Setback Request:
To be determined with submittal of survey (the applicants
were awaiting a copy from surveyor)
Approximate Distance to
Adjacent Structure:
+/- 27 feet
Proposed Addition Size:
908 square feet
.
.
.
Proposed Garage Size
(with Proposed Addition):
1,012 square feet
Surrounding Land Uses:
Single-family residential surrounds the property
Existing Zoning:
R-2 (Medium Density)
Comprehensive Plan:
Low/Medium Density Residential
DISCUSSION
The applicants, Chester & Darlene Grabowski, are seeking variance approval to encroach into
the required six (6) foot side yard setback and also to exceed the maximum garage size of 1,000
square feet by twelve (12) square feet. (Note: As of Friday afternoon the applicant's property
survey had not arrived from the registered land surveyor, but will be available prior to Tuesday
night's meeting.)
The home, constructed in 1955, was built approximately three (3) feet off the easterly property
line (according to Dakota County GIS information). The applicant'slotdimensions measure
93.5 feet wide by 150 feet deep, equating to 14,025 square feet. At the time the home was
constructed the City did not have any adopted setback requirements.
The property owners to the east, Lucilla and Vernon Johnson, have submitted a letter expressing
that they are opposed to the variance but did not give a reason for their objection. Also, directly
to the east of the property, and located within Castle Rock Township, isa 24 foot wide sliver of
property. Staff has been unable to determine the proposed use of this property and could only
suggest that it was intended to be an alley (directly across from Ash Street is an existing
alleyway) after the Reinardy Addition was platted; ownership of the property has been assumed
by the Johnson's (see the attached GIS map).
The applicant's are also seeking a variance to exceed the maximum square footage for attached
or detached garages by twelve (12) square feet. The applicants would prefer the additional
attached garage space then to have to provide it through a detached garage or shed. The actual
"floor area" of the garage would be 957 square feet (calculating the interior floor dimensions
instead of the required exterior wall dimensions).
The following requirements need to be justified to allow a variance to encroach into the side-
yard setback and to exceed the maximum garage size by 12 square feet:
1) Literal enforcement of this Title would result in undue hardship with respect to the property.
The property owners are restricted to any additions on the east side of the home to allow for
anything more than a two stall garage.
.
.
.
2) Such unnecessary hardship results because of circumstances unique to the property.
The sliver of land located directly to the east of the property may have been intended for
alley way, which may have been an influence to construct the home closer to the easterly
property line.
3) The hardship is caused by provisions of this Title and is not the result of actions of persons
presently having an interest in the property.
The City Code requires a six (6) foot side yard setback, this provision was adopted well after
the home was constructed in 1955. Section 10-1-4 of the City Code restricts attached or
detached garages to 1,000 square feet.
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest.
The variance request observes the spirit and intent of the City Code in that the property
owner would be permitted an addition to the home that is no closer than the home currently
exists. The Planning Commission will need to decide if the. additional garage floor space
observes the spirit and intent of the City Code.
5) The variance does not permit a lower degree of flood protection than the flood protection
elevation for the particular area or permit standards lower than required by State law.
, The site does not contain any flood plain.
ACTION REQUESTED
Staffrecommends the Planning Commission consider the variance (the amount to be determined
upon submittal of the survey) to encroach into the required side-yard setback and the variance
application to exceed the maximum garage area by twelve (12) square feet based on the above
proposed findings.
;i~
Michael Schultz
Associate Planner
cc: Chester & Darlene Grabowski
.
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
ApplicantName C}.;ES'TE.e G/A8()t4~/< /
Applicant Address ~O go A..s;./ ST, .,c;;~NC;7d",j Mil I
Street City State
Phone Number &S-I - Y(,O-~oo7
Legal Description of Subject Property: (lot, block, plat name, section, township, range)
1H~ E/r-s, Q3. S" .f~e:t o~ t Ju. JJO(J.:TH 1.5:0 feet c;f LOI 3/ A LEX t= M.p€ Y ~ A Dj) I n DI"
10 FA P-M v.l b 77J 11 .
Current Land Use irES; tJC'7IF71fi-C- Current Zoning District
. (j)
Specific Nature of Request / Clai.med Hardship: IN ()J?{)E~ -TO c/llL.+~Gr:: /'1 y GA-A~ .I Ncel') 'To Bi.';.:.J) ,,-J/ Ti+l"/
/ I /\~. '
mE <.:> SEtA/kit:: tJF -rih;; l;tS7 f"h-'/J":::;!rr {J/v;::::. f/f/5 d iJi.Je TO rHE P/h-T rflAT mE E'iISII/Vh C,,/fRA6i: ,<
. '2:-
AulEA ;111//11 "if!E ~' SR' \.::'.' !;"~U-$I IU KUI... 1 ~ARAb(; of 101 s .ft.
Following Attached: (please check) _ Proof of Ownership _ Boundary/Lot Survey
_ Application fee ($150) _ Copies of Site Plan
_ Abstract/Resident List (adjoining property owners only)
Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature {! j~ /1 J~/~
Date 8/.:2.~/o( /"
.
.
EDGE OF 8ITUMINOUS-~
.
l-
(/)
<(
Wr")
WI-
ro
I-....J
u..u..
00
WI-
zW
:::it::
tnLn
~~
\
~.
v
.
~ [~::TER LINE OF_ STREET P
ASH STREET
r-- NORTH LINE OF LOT 3
\.
93.47
89.32'09"
\
\
90.34'4 "
co
"....
<:t (/)>-
I :J<(
I 0:=
Zw
~>
, :J-
1-0:::
I -0
t CD
,~20
23.5 t=
23.0 U'll
0 :?I
,... HOUSE
N
220
45.3 GARAGE (0
N
N
00
23.2
~.
~
~
z
ow
z
w-
u--'
z>-
WI-
u..Q::
W
00..
00
00:::
3:0...
()
C__ WOOD
FENCE ---;
SHED -~
tW
93.77
SOUTH LINE OF THE
.NORTH 150 FEET OF lOT 3
/'
-
I"i
I-'-
o
--'
.t:5.
w
Z. .
..:1
t-
(j)
<(.
w
.:.. _-. ...:--..;<~..; ,...~_ r_ ._:~_~'.:' -? :.....~~$.....
.
"Z ..
0 z
- Q. "
t- ..
. t: .
cr ~
Q ~
2-
::l . .
0 C4 lu
~ A ..J
<<
c..!:J UI U
Z V) en
0
~ ~
U'l &
><
Ui A-
I II
.
~
-z.
.
.
. blNING AReA
ENTRY /MUDI R~
F'AM1L-Y ~C)O,M 11'" 15'
OFFIC E" /I~ g'
STEP))o.I.. +
\
~
............
./
- ... . - '" /.... .., Lo ~ "'.......
-'
I
/ - Glf/srfNIi WALL To 6~ I:EMovEo' .
yI .._- ...-- .-. . ....- "-" -. ~
I
I
~
\[\
~
..s
\f'
"""
q.. , , /NER"fi"lD _'t
I!I
Z
~~
~~
c:.",
tt
',J)
X :t-
.....
....
:t-
C'(
~r
~
J
v
J~ F-= --
--I
I
I
I
\
I ;;>lJI7 IS'/? .J
, _S,ll.os
.
~~
z
z
z
-
~
.0
f)
b
z
o
r-
o
z
2
a:
<t
LL
.-)
v
t\;
6.-
j~
/
.)
'\.. .
~~
~
'-..
. ~ ,
~ f-
'""'-.: W
" wI
~ CI:;
" r-!
, IU
'\ U1
~{
J't 0
.5 1-
'^~
c:.
V)
.....
"-
'\)
~ 1.9
'\; ~ \..
tv) ~
t '-
\) ~~ ~
..... "" ""
<. \.
~, ~.~
~ t :::::"
o ~ ~~
Q :..: 't"
. oS'
~'iQ~
'<...0...
.......; ~
'-v-.J
:\\
~ \
~ ::
~ -,
~ C
'-....1
~ ::r: \";" - -. '-,
~ \1\.;., .
~ "'t.1 ~ .,/
, .
-- o(''l Li' ,. Ii.O,", --
I j- --- - --zn,.,I-- - - -i--~')-r - -.sL -L" [l~'Tl
~.5' ~ lJP....."'3 .~'OUIIPJO I ~1.'I.'+r1 i \,.... j
'^ I ""I \~ Y~..1.. C I
'" r _\...... "'J .t.I;
\~ C'1 c \ c C ! ......
""I..... ~\~ ~l~
~;;" ~,,;:> ....
<:",r. -\:t. ;.':
-,.., \ q'" ,-:,'"
-:z \ 'l1.Lr.~ -. 1"'-::::'"
y", ~:< \ . ...~""l'? 2.:;..3
.~ 'l"0'\.' ',J S l I
,.,.... .' q. \: <f., o'f \,,",i
\.t.~-:i. <;.\.0' .,1." og
\ \.,-1'.. '. .000 .....:\(\S
\,<0\\'" ' \r\.~'"'
\. '3C\'::>F' ~\51. 0-
. L''''III
M.\1.o0N.... -
00 \."tl
;;,~
-I tJ
....J
- . () ~ I"
"'?
I
~
","':
0-
c....;<r'
Nolld3:>X3
'ioo.'i.\.\t.<
.. 'I ,'bl'. )
o~
s.\~'\:~
- - DO -~ l1 - ,
3,n.oS'
l1..s' 01'
... 0
~ 0
~~
.3^'~ a
3,11..0<;
00'051
"J ' 01
- no')"
~
.
l'
\ ';. N~11d3 JX 3
r ~'-' "" ~51.:.
N
1
o
J'
~
o "IT'
..,"'"
.-
""
"'"
1'A.1" .n.s ,,\
-v . II
r-J
-.J
,j
tr-...
r-
; I
o I
C 1
~O'
;;:;~
<J)
'r
__.Z
- 'os''!z.
::>
--~--
z
j ...
l '-~.
, ,
2
c
-
t-
iC
L
\..
>
u
,----06
I
I
I
I
o
,..J
~
......
'"
~
...
J
.r..~
..~. ...~'"
'lJ
";) ;."
...""'j
")"":'
<;:
f'l
_..'.h
"'.;JON ?rU
't "'21
.,.:
.....
r-
,
.10
of 1
. '.
r-
\1"'1- - "V".
I~
I \1 r
.,. ... s
, ,~,....'
U) .' ~I,
f'Ili,l;
co
I
I...
~
Ir
fr_-i'
I
5"'" ~,
~1C~
,
I
I 0
I~
I
o {,
~ ~:o ~
'I~
':0.
I!""
,i
,I:
,',
~
1.'t> b5
01
~I
I
o? ~
'If
<l
Cl
uJ ....
'2 ..
u
'S
~ ~
-.J ";)
~
-
..
~
.,-- --
I
r
o
.r
~,
..
I I
i LI '
I
I
I
I ~
I
I
I
I I
. I
I J
I
I
I l__J
I
I
I
I
I Ii
I
I
I
I
I
I
I I r-
I I
I
I
I L-__-' 1--1
I
I I
I
I II
I
I
I
I
I
I
I L _"
I
I
I 0
I
I co --1
I F
I I
I I
I
I
. I
I
I
I '-----,
I
I
I ,
.-::t-
I ~
I
I
L____ _ I
'- ~ rJ il
~ \--_....J
~ ~ ',,,
(--_! ~ J
La .c~
4.l
("t')
0')
I.
II
I
I
~
I
I I
L-- ~
c--
I
L
~. I
JL
.
.
.
Section 10-1-4: Definitions
GARAGE, PRIVATE: An accessory building or accessory portion of a principal building
not more than one thousand (1,000) square feet in area which is intended for and used to
store the private passenger vehicles and trucks not exceeding twelve thousand (12,000)
pounds gross weight, of the family or families resident upon the premises, and in which no
business service or industry is carried on.
.
September 2, 2001
City of Farmington
Plaflfling Commission
City Hall Council Chambers
325 Oak Street
Farmington, MN 55024
He: Hequest for a variance into the six foot side yard setback and to
exceed the maximum square footage for private garages by Chester
and Darlene Grabowski at 608 Ash Street Farmington, MN.
l~ar Plaflfling Commission:
.
Since we are unable to attend the public hearing on the above matter you
are hereby advised we are opposed to the variance into the six foot side
yard set back on the above described property in the NE~ of the NE~ Sect-
ion 6, Township ll3N, Hange 19 W, Dakota County, Town of Farmington.
Sincerely,
Y?.)~~~~
~tt..JO n
612 Ash Stree
Farmington, MN 55024
/ .~ t:/./~/ ~pt%;~.,-c/;Y-
Vernon E Johnson
612 Ash Street
Farmington, MN 55024
.
.
6
o
tb
..c
......
;:j
o
en
b.O
c:
:..Q
o
o
,-.....
......
..c
b.O
.\:
c:
o
'-'
>-.
t::
(])
0...
o
:-
0...
:..Q-v
en (])
~ .b
ou)
..0
e~
CO~
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning commiS~S'
Michael Schultz 0
Associate Planner
FROM:
SUBJECT:
Variance Permit Application - Exceed Maximum Lot Coverage within B-3 (Heavy
Business) District by 1.8%
DATE:
September 11, 2001
INTRODUCTION
The applicant, Michael Dantzer, Press Line Industries, is seeking approval of a variance to exceed the
maximum 35% lot coverage by 1.8% percent within the B-3 (Heavy Business) zoning district.
Plannin!! Division Review
Applicant:
Press Line Industries
Michael Dantzer
525 First Street
Farmington, MN 55024
Attachments:
1. Application
2. Property Survey
3. Site Plan
4. Building Diagram/Elevation Drawings
5. Site Photos
Property Location:
525 First Street
Variance Request:
1.8% or 443 square feet
Property Area:
24,335.3 square feet
Proposed Addition Size:
2,000 square feet
Existing Lot Coverage:
6,960 square feet
Surrounding Land Uses:
Heavy Business to the north and south, Single-family residential
to the west, railroad right-of-way to the east
.
.
.
Existing Zoning:
B-3 (Heavy Business)
Comprehensive Plan:
Business
DISCUSSION
The applicant, Michael Dantzer, Press Line Industries, is seeking variance approval to exceed the
maximum lot coverage by 1.8 percent within the B-3 (Heavy Business) Zoning District which allows for
35% coverage by structures (coverage does not include paved surfaces).
The original building was constructed in 1993 by Bauer Countertops on approximately 11,660 square feet
of property. In 1995 it was petitioned that the Walnut Street right-of-way be vacated and a 3,680 square
foot addition was constructed on the north side of the building (within the 40-feet of the vacated Walnut
Street right-of-way); the calculated coverage after the addition was 35%.
In 1999 the applicant acquired a 20' x 223.94' (4,478.8 square feet) strip ofland parallel to the railroad
right-of-way from the adjacent property owner to the north. The intent of the applicant was twofold - to
obtain an ingress/egress access to the rear of the property and to gain enough property for future building
expansion.
Even with acquired property added to the overall calculation, the applicB'l1t was unable to obtain enough
property for the expansion desired for the business, exceeding the permitfud 35% of lot coverage by 443
square feet.
Heavy business exists to the north and south of the property with a 100-foot wide railroad right-of~way to
the rear. Currently City Code allows for 35% lot coverage in both the B-3 (Heavy Business) and 1-1
(Light Industrial) Districts. Because the property is confined to existing businesses and railroad ROW, a
hardship exists in that it would be difficult for the property owner to acquire any additional land to meet
coverage guidelines. Also some "open space" is being provided in the form of the railroad ROW.
The following requirements need to be justified to allow a coverage variance of 1.8% to the maximum
35% lot coverage within the B-3 (Heavy Business) zoning district:
1) Literal enforcement of this Title would result in undue hardship with respect to the property.
Currently the City Code provides some relief in the form of setbacks for property abutting railroad
right-oi-way, comparatively some relief could be allowed for cover4ge given the expanse of the 100~
foot railroad right~of-way.
2) Such unnecessary hardship results because of circumstances unique to the property.
The business/property owner is restricted to any additional land acquisitions to provide the necessary
land area to make the 35% land coverage.
3) The hardship is caused by provisions of this Title and is not the result of actions of persons presently
having an interest in the property.
.
e
.
The property owner purchased the property in 1998 after the previous expansion had taken place, the
property owner attempted to purchase enough property to meet several needs, including coverage
guidelines as outlined in the City Code. Although the City Code allows relief in the form of setbacks
when abutting a railroad right-ofway, no such language exists concerning lot coverage in similar
situations.
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest.
The variance request observes the spirit and intent of the City Code in that the property owner would
be permitted an addition to his business in an otherwise restricted piece of property.
5) The variance does not permit a lower degree of flood protection than the flood protection elevation
for the particular area or permit standards lower than required by State law.
The site does not contain any flood plain.
ACTION REQUESTED
Staff recommends the Planning Commission consider the variance to exceed the maximum lot coverage
of 35% by no more than 1.8% (or 443 square feet) with the proposed 2,000 square foot expansion
contingent upon the following:
1. A landscape plan be submitted and approved by the Planning Coordinator that involves planting to
the south and rear sides of the property in order to soften the additional hard surface.
cc: Michael Dantzer
.
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
For office use
Permit Number
Applicant Name Pre s s L i n E!
Applicant Address 52 5 Fir s t
Street
Phone Number 651-463-2671
Legal Description of Subject Property: (lot, bloc~ plat name, section, towuship, range)
Indui"ltrip!,:
St Farminqton, MN
City
55024
State
Zip Code
Current Land Use Commercial
Current Zoning ~istrict B-3
.
Specific Nature of Request I Claimed Hardship: Bui lding 'expansion will sliqhtl y
exceed green space requirement by 1.8%. We have purchased additional
property to try and achieve green space requirements but fell short.
Property Owner's Signature
Date
_ BoundarylLot Survey
Following Attached: (please check)
Michael Peter Dantzer
For office use only
Request Submitted to the Planning Commission on
Public Hearing Set for: Advertised in Local Newspaper:
Planning Commission Action:
Comments:
_ Approved _ Denied
Conditions Set:
.
Planning Coordinator:
Date:
-
-
-
f-
-
f--
-
. J ~
L _ L
.
(,)
c:
-
en
Q)
.C
..-
en
::J
"'0 '----
c:
I r--
ki~,~ I
J L--- I J
r I r 1
:-- r 1 i
I
r-
~ l-
f- f-
~
Q) -
c:
.- -----
..J
en I ~
.
L.-
a..
----------- ~ t5
-- ~ ~.~
~ r---j -g
MO~ICl\tO~llV~ ---l~ IT
~ I __ ,
--------- ~...... \"
I
0-
ctS
~
c:
o
.-
.....,
ctS
(,)
o
..J
D
I
II
L-
-r
I
~
C/) r-
~ c--- W
C/) <->
~ ::>
- 0::
0 a..
C/)
ill] [ill ITIIm
· [[] [illB ~
n S~I
I
~B
1:00..lE
g.sioO
~~<;.~
:I:m.", e
g,co
a:
-
~
C/)
~
::>
z
~
~
is aN~
~
---l -~
~ <II
I: D> ~ m
=6~ ~.g ~
820~.Ui
3:~ ~.i:
-
.lS .lS ~
-
-
I J
I
I------
~
-
~-
-
I
J
-
I _J
DRIVEW y
:It
.
~
N
~
W 0
Z
H 0
--' Z
CD
a:
.::J 0
U 0
0
0
...
.
.
I /
I 4 3 I 2 11/
I I I
/ EASTERLY PROdECT [ON OF
I L I CENTERLINE OF ALLEY
~ --- --- ( Sag.54'47'E
r--;::----Al::lEY__~:NTE~~L!NE A~LEY /__ ;::-----&-__t; ,20.39, \
100
- - I)
'---1- -,
I
I
I
I
I
,
I
I
I
I
~-
I
1
L~ l_ I _l l: f-'~
5
I
I
I
I
I
I
I
I
I
I
L_
6
a
""
li?
....}
I ....
I :
, ....
I i
I U)
I ;
j I
, ~
I g
" GJ
,.
,I ~
;' ~
I ri
i!:!
~
SURVEYOR'S ceRTifICATE
30
7
I
50
o
~
50
,
I
I
I
STREET I
I
I
,
/
I
I
6
I
I
I
I
I
I
I
I
I
I
L
/
EAST PROdECTION OF THE
SOUTH LINE OF LOT 1, BLOCK 5
o
~
VACATED
WALNUT
P.lUAting Property lJrscriPtioo
Block 5. Town1ofFannington;
. of the South HalfofV8Cated Walnut Street lying easterly oflhe northerly extension of the west
\ Original Town of Farmington and lying westerly ofa line parallel to and 50 feet northwesterly
'cd perpeixlicular to. the Soo Line Railroad Company's main track centerline.
-- 185.aO S89.58'35"E - -
CENTERLINE OF VACATED WALNUT STREET /.7
o
~
STRE
T PAR:EL
~
rARCEL 3
50
I
I
I
,
I
,
I
I
I
,
I
I
I
I
I
I
I
,
I
,
I >-
I <:
I i
,
I
EXISTING BUILDING
z -------r-------=:J
u
LOT 1
EXISTING BUILDING
BI_OCK
~) 1-
'" u ,.....
;;'0
CO"lCRETE '.:; at
~ -/
u,-
,;j~
c;
SCALE
.
o
FOil
SET
DRIV WAY
"ofland 50 feet in width, heing a part of the properly of the funner Chicago, Milwaukee, St. Paul
ailroad Company in the Town of Farmington. Ioc:ale-tl in the Northea~t Quarter of the Southwest
Yo ofSW 'A) ofSeclion 31. Township 114 North. Range 19 West. Dakota County, Minnesota.
",nows:
The ea.~erly twenty (20) feet of lhe fullowing dem:ribed parcel: A ~rj,
\1cing 8 part "rthe property ofthe fhnner Chicago, Milwaukee, ~l. Paul and I'
'I own of Fannington, Ioc:ated in the Northeast Quarter orthe Southwest Quarf
Township 114 North, Range J9'West, Dakota County, Minnesota, described "
Beginning atlhe southeast comer of Lot 7 in Died: 6. Originld Town (1
along the soulherly projection of the east line of 118id Lot 7 a distance of 40 feel
of vacated. Walnut Street: thence ea<rtedv 11lona ,.... __I" ftIWl.....ln.. ^f'.... ~r
- 186.17 NS9.5S'35.W-
.
.
.
~
z
()
~i
- s+
l- Irs +
\ ( I
i
I
j I I
I
I
!
,
,
i
i
i
,
I
r-~
I
i
I
IL
I
I
I
EX1S,'!INC1
eUll..OINa.
~,ze~ ~
EX1S>"IN~
eUII..OINa.
3ce~ =-
-----.----
9
9
40'-0"
40'-0"
~t"
")
I
I
I
. j
I
.' ~'.':I RAMP
DOY'IN
.~-----~- t
i 1 " '.: "j b lL
I ! t-'...- HARD5tlRrA~E" . ~~ ~- ~~ ~
. ----~ ~
r / I I
~ . " TS:6~H .(-t_U~'-O~-+ 31'-0" 11._
! U
I
'-1
I
I
I
I
I
I
- -- ". - .- ~- - .-- -
- ---,. --- .._- ._.- --- -- -- - -
. '. ~
i ^
r~"------ ~ ~
!
k;;;//#~ l'bo" M1N
.~.., To
'. -.~~p.._-.j I "
.... . I ~d)
'. '. v I'
" PIPE
RAIL
r=;:COr=OS>EO
eUll..OINa.
z~~~ ~
\-0"
EXISTIN<So
NEI"!
-.';; .-,
~;l
@~UTI-l El.liVATION
A3J
.lie". 1'-0"
Her!
E)(I~TIH6
l"IETAL SIOING--
o
~
,
I
I
I I
l_______________J
_. _. . A _1_....'
.
NEII'I
EXISTING>
=--~~~
~ ~<;:.;.
::---- f
I
I
.
@EA&i. ~EY.ATION
,A3.1 .
lib" . 1'-0.,
,1-
.
--""""""""""""""""""'"""""",,,~" ---,----- ,---'-- .
-:;-- I '''1- '-:;:;:;:;_:;-:;:;:;:::::::::::::::::::::::::::::::::::::::,:",;-.
c;~:;- ~_________~ __:;_- -~W
: I . ...,,; I
I L--------J I :
: r---------i : I
: : l l :
' I I I I
I I I , I
I I I I I
I I I f I
l I : :___u_ _____~__ ~
: ----- ----- --- ----- ~ r-~
~------.--
---
.......:::......:::.....
-.....::--.....
~~
-- -
--;::::;!
I
,
I
,
I
I
f
I
I
,
f
I
I
f
I
,
---------- --,
-1-
e'-o.
t
,""-)
~
4)
6';"0'
10'-&'
16'-4'
i'
f
~IC.
~.-IINO.
;
i'i
:0
m
.
, ",.
t,"
OPeN
, el!Lcm
I<, 1 TO... 5N
9
!
MAIN OIIIIICB
1-
I
!
.':(\,
.;')
.::':'.~ "-1/1',",--
:Z:Z'.&'
.
.
.
{)
,
2
.
UP
-=t~..-.
10-- - -
I
I
I
I
_.._ _. __ .__ __ __ __ _ _ ..J
I 1 1
I I 1 I
1 I 1 I
I , I I
o
--- -- -- - - [jl
I
1
I
1
I
I
I
I
I
12' 0.1'4.0.
oPEN
ABOVE
'~'-6" ____j
;.
I
d>
~/
/O~
I
I
I
,
1
t
I
I
I
I
I
I
I
I
I
I
I
b
1
I
I
1
I
I
1
I
I
I
I
I
I
I
I
I
I
11-----'
p------I
11-------,
11______1
II I
11------1
\1_. -- --I
11- - -- -- -.'
11-____1
II 1
11-----'
11-----1
11-----1
11---__1
I I
, I
I .--1
1
,
I
,~,
.~.
I.JP
, :2 HR. 1"lAL.L.
.
525 151 Street - Looking South from Hanson Property
.
20 foot wide strip of land running parallel with railroad right-of-way
.
.
.
.
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
Lee Smick, AICP n({)
Planning Coordinator Y
FROM:
SUBJECT:
Variance Permit Application - Encroach 60 feet into 100-foot "Protect" Wetland Setback
along a Designated Trout Stream Corridor
DATE:
September 11, 2001
INTRODUCTION
Thomas Wartman, 28120 Boulder Ridge Drive, Shorewood, Minnesota is seeking a sixty (60) foot variance to
encroach into the 100-foot protect wetland setback along the designated trout stream corridor of the Vermillion
River near the Farmington City Center commercial area in downtown Farmington. The 6O-foot variance
would encompass the proposed expansion of a 15,900 square foot building to the Econo Foods Store and the
construction of an improved accessway to 1 st Street.
Plannine Division Review
Applicant:
Thomas B. Wartman
Farmington City Center LLC
28120 Boulder Ridge Drive
Shorewood, MN 55331
Attachments:
1. Variance Application
2. Applicants site plan/details
3. Staff Pictures
4. Section 10-9-7
Location of Property:
115 Elm Street
Proposed Encroachment Distance:
60 feet
Current Land Use:
Commercial
Zoning District:
B-2 (General Business District), F-2 (Flood Fringe District)
Area Currently Bounded by:
Single-Family Residential on the west and Commercial
surrounds the remainder of the property.
. DISCUSSION
.
.
The applicant, Thomas Wartman, is seeking a 60- foot variance to the 100- foot protect wetland
setback along the designated trout stream corridor of the Vermillion River.
The applicant is claiming hardship on the property because I) there is no alternative to expanding the
grocery store without reducing the amount of parking spaces in the City Center complex and 2) with
the additional commercial areas proposed to the east of Econo Foods, an additional accessway to Elm
Street is needed, thereby necessitating an improved access to 1 st Street.
The following requirements need to be justified to allow the 60- foot variance:
I) Literal enforcement of this Title would result in undue hardship with respect to the property.
Locating the expansion outside of the 100-foot setback area would cause undue hardship because
parking would be eliminated for business owners who do not have an interest in the expansion.
2) Such unnecessary hardship results because of circumstances unique to the property.
With the expansion of business in the City Center, additional outlets are required to access Elm
Street. The improvement of the northerly access within the 100-foot setback would add a third
access option.
3) The hardship is caused by provisions of this Title and is not the result of actions of persons
presently having an interest in the property.
Section 10-9-7 (H) of the City Code requires minimum buffer area sizes to be 100 feet along
designated trout stream corridors.
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest.
The variance request produces substantial justice because the property owner could not utilize
the property to its best and highest use if the variance was not granted. The variance is not
contrary to the public interest because plans call for the reclamation of the buffer area as a
public space where native grasses and forbs will be planted along the designated trout stream.
5) The variance does not permit a lower degree of flood protection than the flood protection elevation for the
particular area or permit standards lower than required by State law.
The FEMA Map shows the flood elevation at 901. The developer proposes thefinishedfloor elevationfor
the building expansion to be 905.9 feet, thereby locating the building above the flood protection elevation.
.
.
.
ACTION REQUESTED
Consider the variance request granting an encroachment of 60 feet into the 100-foot protect wetland setback
along the designated trout stream of the Vermillion River.
Respectfully Submitted,
~~
Lee Smick, AICP
Planning Coordinator
cc: Thomas Wartman, 28120 Boulder Ridge Drive, Shorewood, MN 55331
.
.
.
CITY OF FARMINGTON
VARIANCE APPLICATION
F:umington, r-AN 55024
651-463-7111 FAX 651-463-1611
For office use
Permit Number
Zip Code
sh..!l>, range)
S~.3
B-Z ~-z.
1
7~ ~
r /~
~ l:'"i ~Af~r/.
_ Proof of Ownership _ BoundarylLot Survey
_ Application fee ($150) _ Copies of Site Plan
_ Abstract/Resident List (adjoining property owners only)
_ Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature
Date
For office use only
Request Submitted to the Planning Commission on
Public Hearing Set for: Advertised in Local Newspaper:
Planning Commission Action:
Comments:
_ Approved _ Denied
Conditions Set:
Planning Coordinator:
Date:
10-9-6
10-9-7
.
~.....
(H)
A wetland alteration permit shall not be issued unless the proposed
development complies, within the provisions of the mitigation section
of this Chapter, as well as the standards, intent, and purpose of this
Chapter. (Ord. 099-433, 6-7-1999)
10-9-7: WETLAND BUFFER AREAS:
(A) For lots of record created after June 7, 1999 (date of ordinance
adoption), a buffer area shall be maintained abutting all wetlands.
Buffer area vegetation shall be established and maintained in
accordance to the following requirements: (see illustration filed in the
office of the City Clerk).
(B) Buffer area vegetation shall be considered adequate when the buffer
has a continuous, dense layer of perennial grasses, flowers, trees
and/or shrubs that have been undisturbed for at least ten (10)
consecutive years. Vegetation shall be considered unacceptable if:
1. It is composed of noxious weeds; or
.
2. Topography or sparse vegetation tends to channelize the flow of
surface water; or
3. For some other reason the vegetation is unlikely to retain nutrients
and sediment.
(C) Where buffer areas, or a portion thereof, are not vegetated or have
been cultivated or otherwise disturbed within ten (10) years of the
permit application, such areas shall be replanted and maintained
according to each of the following standards:
1. Buffer areas shall be planted with a seed mix containing one
hundred percent (100%) perennial native plant species, except for a
one-time planting of annual nurse or cover crop such as oats or rye.
2. The seed mix to be used shall consist of at least fifteen (15)
pounds pure live seed (PLS) per acre of native grass seed and one
pound PLS per acre of native forbs. Native grass and native forb
mixes shall contain no fewer than four (4) and five (5) species
respectively.
3. The annual nurse or cover crop shall be applied at a rate of
twenty (20) pounds per acre.
.
899
City of Farmington
1 0-9-7
10-9-7
.
4. Native shrubs may be substituted for forbs. Such shrubs may be
bare-root stock and shall be planted at a rate of sixty (60) plants per
acre. Shrubs shall be distributed so as to provide a natural
appearance and shall not be planted in rows.
5. Buffer area plantings along the Vermillion River corridor or other
areas of buffer area plantings along trout stream habitat shall follow
planting guidelines included in the Farmington Surface Water
Management Plan. (Approved tree species are listed on Figure 4-5 in
the Farmington Surface Water Management Plan filed in the office of
the City Clerk.)
6. Native grasses and forbs shall be planted by a qualified contractor
by using a drill designed for native grass seeding or by broadcasting
or hydroseeding at Minnesota Department of Transportation rates
(1995 MNDOT Standard Specifications for Construction).
7. No fertilizer shall be used in establishing new buffer areas.
8. All seeded areas shall be mulched immediately with clean straw at
a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or
tackifier.
.
9. Buffer areas (both natural and created) shall be protected by
erosion control measures as determined by the City. These must be
employed during construction until permanent ground cover is
established to prevent siltation of the buffer area and wetland.
10. A walking trail may be established within a wetland buffer area.
The trail should be constructed to minimize erosion. An undisturbed
area of vegetative buffer at least ten feet (10') in width should remain
between the trail and the wetland edge. (See illustration 10-9-7(C)10
filed in the office of the City Clerk.)
11. Applicants may obtain from the City a set of standard seeding
and planting specifications for buffer areas, which meet all the City
requirements.
(D) Buffer areas shall be identified by permanent monumentation
acceptable to the City. In residential subdivisions, a monument is
required for each lot. In other situations, a monument is required for
each three hundred feet (300') of wetland edge.
(E) The clearing and removal of vegetation in the buffer area is
prohibited, except for selective clearing and pruning, of individual
.
May 2000
City of Farmington
1 0-9-7
.
(F)
(G)
cry
.
(I)
(J)
.
10-9-7
trees and shrubs which are dead, diseased, noxious weeds, or
hazards.
Where acceptable to adjacent properties, owners are encouraged to
leave dead trees and branches in the buffer area, because they are
part of the native natural environment and provide necessary habitat
to many birds and native wildlife.
All buffer areas are measured from the wetland edge as marked in
the field. (Ord. 099-433, 6-7-1999)
The following buffer area sizes are minimum requirements:
Wetland Tvpe:
Manaae 1
Utilize
Manaae 2
Protect
Average buffer
width
75 feet 50 feet 25 feet 0 feet
.+ 100 feet "protect" wetlands in the designated trout
stream corridor
Minimum buffer
75 feet
30 feet
o feet
20 feet
Structure setback
from outer edge
of buffer
1 0 feet
o feet
1 0 feet
1 0 feet
(Ord. 000-450, 3-20-2000)
Any wetland restored, relocated, replaced or enhanced because of
wetland alterations should have at least the minimum buffer area
required for the class of the wetland involved.
The City may recommend buffer area averaging in instances where it
will provide resource protection to wetland or to valuable adjacent
upland habitat, or allow for reasonable use of property as described
in Section 10-9-4 of this Chapter, provided that the total buffer area
on-site contained in the buffer remains the same.
(K)
For roadways, trails, and driveways, or portions thereof, that are
routed across wetlands and are subject to WCA replacement
requirements, no buffer areas shall be required. Public trails that are
routed through wetlands for specific interpretive purposes shall also
be exempted from this requirement. (See illustration 10-9-7L filed in
the office of the City Clerk.)
May 2000
City of Farmington
10-9-7
.
(L)
10-9-8:
(A)
(B)
.
.
1 0-9-8
If the area of the buffer has a preconstruction slope of twelve
percent (12%) or greater, the buffer shall be at the maximum width
for the applicant's wetland classification. The use of a meandering
buffer area to maintain a natural appearance is encouraged but not
required in areas of flat topography. (Ord. 099-433, 6-7-1999)
WETLAND AND BUFFER AREA MITIGATION:
Where wetland alteration is approved and mitigation is required,
mitigation must result in equal or improved wetland function and
value. Mitigation plans must address water quality improvement, and
maintenance of preexisting hydrological balance and wildlife habitat.
The wetland function and value will include improvement of water
quality, maintaining hydrological balance, and provision of wildlife
habitat. Mitigation will be performed at ratios required by the Wetland
Conservation Act to achieve replacement of the wetland function and
value.
The following criteria shall be required for wetland or buffer area
mitigation.
1. Wetland mitigation will be performed at a ratio required by the
Wetland Conservation Act. Buffers will be required to be replaced on
the fill slope. When a wetland is completely filled, the buffer area
requirement associated with the classification of the wetland that
was filled will be required for the replacement wetlands unless
replacement is occurring adjacent to a wetland with a higher
classification. In this case, the buffer area requirement for the higher
wetland classification will apply.
2. Mitigation should always result in equal or improved wetland
function and value. The wetland function and value will include
improvement of water quality, maintaining hydrological balance, and
provision of wildlife habitat.
3. Mitigation shall provide a buffer area as set forth in this Chapter.
4. Mitigation shall maintain or enhance the wetland hydrological
balance through the following:
(a) Restoration of partially drained wetlands.
(b) Creation of new wetlands.
(c) Restoration of buffer area functions.
899
City of Farmington
.
DAKOTA COUNTY SOIL & WA TER
CONSERVATION DISTRICT
Dakota County Extension and Conservation Center
4100 220th Street West, Suite 102
Farmington, MN 55024
Phone: (651) 480-7777
FAX: (651) 480-7775
September 7, 2001
Mr. David Olson
Community Development Director
City of Farmington
325 Oak Street
Farmington, MN 55024-1358
Ref: 01-FRM-066
RE: CITY CENTER PUBLIC SPACE CONCEPT PLAN REVIEW OF NATURAL RESOURCE
ISSUES
Dear David,
.
Thank you for sharing the concept plan for the proposed City Center Public Space in Farmington. We
appreciate how long the City has been working to address the dump issues on the property, make the site
developable, and tie it all together with the Rambling River Park trail system. The site is adjacent to the
Vermillion River, which is a DNR Designated Trout Stream in this area. The following comments are
provided to give our perspective on how additional natural resource issues can be addressed during the
development review process and focus on: storm water management, river buffer enhancement, and trout
stream fishing access. The City has some extra leverage to require the developer to focus on these issues
because of the variance required to expand the existing Econo Foods.
Stormwater Management
Because of the site's proximity to the Vermillion River, storm water management is an obvious concern.
Multiple site constraints make the construction of traditional ponding facilities difficult. Accordingly, we
suggest requiring a two-step approach to storm water management: Impervious area reduction and source
control. Impervious area reduction can be most easily achieved by closely scrutinizing parking lot
requirements and configurations. Looking at actual parking lot usage at the Econo Foods and sharing
parking requirements with the proposed building can greatly reduce impervious areas and development
costs. Stormwater source control includes a variety of practices ranging from rainwater gardens,
grassed swales, roof cisterns, recessed parking lot islands, and green roofs. These practices can be used to
provide functional landscaping; wherever landscaping is installed, it should be designed to serve multiple
benefits including stormwater management. The Dakota SWCD has cost-share grants available to
promote some or all of these approaches. In addition to these innovative approaches, there may also be
space to incorporate traditional pondinglwetland practices. We look forward to working with the City and
developer to identify specific stormwater management options and minimize runoff from the site to
protect the Vermillion River.
River ButTer Enhancement and Trout Stream fishing Access
.
The concept plan includes trail connections and formal gardens to provide recreation opportunities for the
residents of Farmington. The SWCD commends the City for providing this greenway corridor along the
.
.
.
Farmington City Center Public Space
2
Vermillion River. To maximize the environmental benefits of the greenway, we encourage the City to
minimize disturbance of existing vegetation within the 100' river setback and promote the establishment
of native floodplain vegetation. Trails should be routed at the outside portion of the 100' buffer to retain
as wide a buffer as possible. To provide fishing access, low maintenance, natural surface trails could be
provided. These trails should access the river at riffles and outside bends of the river.
Please call me at 651.480.779 to discuss these issues in more detail.
Respectfully,
~~
Jay Riggs, CPESC
Urban Conservationist
Cc: Jason Moeckel, MDNR
Brian Watson, SWCD District Manager
.
.
.
'i
~ '1
..~'.,.I:.. "- '_&
~.~
-
-. .
,
'"
~
of
~
.
.
.
,0"1
:.
.!
,
t#
- ...~
.
.
!
...
.
\,
.
.
.
.
I 'l
.
rt ..
......
~.-\
. ,t
t
,
ri
-~~
'. ..~~
. ;;r- '.. ...,
: ~L~
'-.9~ ~
II;
,
.
.
.
-I