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HomeMy WebLinkAbout06.11.02 Planning Packet -." \ " ,\-. ~ ',--... '.. \ b) .~.) City of Fannington 325 Oak Street Fannington, MN 55024 A PtwMI1ttIt.1I,p"",,~F"""" CoINfllttftd to provWlng HWt, ~/il? . 77me1y awl lWponSiveSl1Vice f() Atf . O/OurCuslm,tm AGENDA REGULAR PLANNING COMMISSION MEETING June 11,2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) April 9, 2002 April 23, 2002 May 14, 2002 PUBLIC HEARINGS b) c) 3. a) Giles Addition Preliminary Plat (Continued Hearing) Applicant: Tim Giles, TC Construction Comprehensive Plan Amendment - Trinity Hospital Property Variance Application- Encroach 6.42 feet into required sideyard setback with 48.foot.amat_.~c.owet. Applicant: William Transue, 18311 Elm Tree Circle d) Variance Application - Encroach .68 feet into Sideyard Setback Applicant: Jeff Weldon, 19100 Embers Ave e) Special Exception Application - Move Garage Structure Across Public Rights-Of.Way Applicant: Tim Young, 1021 Third Street . . f) Conditional Use Permit Application - Construct Church in R-l (Low Density) Zoning District Applicant: Farmington Lutheran Church, 501 Walnut Street ", Variance Application - Exceed Maximum Height by 2.7 feet with PropOsed Church Facility Applicant: Farmington Lutheran Church, 501 Walnut Street ' g) h) Ordinance Amendment - Section 10-6-18: Shoreland Ordinance 4. DISCUSSION a) b) Maximum Lot Coverage - Autumn Glen Residents . ,''''; Proposed City Council Resolution Regarding Processing of Ann.e~ii ~ti~, 5. ADJOURN l.fU1ning Commissioners: . City Staff: Dirk Rotty, TOdd Larson, <;:haz Johnson, Ben Barker, ~ob HIinaJt Kevin Carroll, Community Development Director Lee Smick, Planning Coordinator Michael Schultz, Associate Planner . . . 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 3CA- City Planning Commission Michael Schultz \ ~ C/ Associate Planner Preliminary & Final Plat Approval - Giles Addition June 11,2002 Tim Giles, TC Construction, has amending the original application to include both the Preliminary and Final Plat for the Giles Addition located at the northeast intersection of Pilot Knob Road and 190th Street. The plat consists of nine (9) single-family lots on a total of four (4) acres. Planning Division Review Applicant: Attachments: Tim Giles TC Construction PO Box 51 Elko, MN 55020 1. Location Map 2. Application for Plat Review 3. Preliminary Plat (1 of 1) 4. Final Plat Sheet (2 sheets) 5. Grading Plan (Sheet 4 of 5) 6. Landscape Plan (Sheet 1 of 1) 7. Letter to Developer dated May 7, 2002 8. Memo from Dave Sanocki dated May 9, 2002 9. Memo from Jim Bell, Park & Rec Director dated May 8, 2002 March 12, 2002 (Planning Commission has 70 days to act on the submittal of a Preliminary Plat application). May 14, 2002 would be day 64. The applicant accepted a time extension on the decision by the Planning Commission for the Preliminary Plat. Preliminary Plat Submitted: Location of Property: Area Bounded By: Existing Zoning: Northeast comer of Pilot Knob Road and 1 90th Street. Single-family residential to the north and east, road right-of-way to the west and south. R-l - Low Density Residential District . . . Proposed Development: The plat consists of nine (9) single-family lots, a tot lot and one (1) Outlot. Streets and Accesses: The property is currently has access along English Ave and 189th Street W. Utilities (Water, Sewer & Gas): Water and sanitary sewer access is available through English Ave, though the existing services need to be relocated because they cross through several of the lots to Pilot Knob Road. Engineering is requesting additional information concerning the relocation of these services. Sidewalks: A trail currently exists on the east side of Pilot Knob Road and the north side of 190th Street. The Parks & Recreation Commission is requesting that a sidewalk be installed on the west side of English Ave to the intersection of 1 89th Street W. Wetland: Wetlands do not exist on the property. Flood Plain: There are no flood plains delineated on this property. Parkland and Sidewalk: The Developer is will be dedicating a 17,132 square foot tot lot on the southeast corner of English Ave and 189th Street W. The developer is also proposing to construct a sidewalk on the east side of English Ave that would lead from the trail along 1901h Street to the tot lot. DISCUSSION The developer proposes to plat nine (9) single-family lots on four (4) acres within the Giles Addition plat. The proposed plat is zoned R-l Low Density Residential district and is located southwest of the Silver Springs neighborhood. The following are the area calculations for the proposed plat: Single-family lots = Existing ROW = Total Outlot Area = Park Area = Total Area = 119,588 sq. ft. 31,313 sq. ft. 7,076 sq. ft. 17.132 sq. ft. 175,108 sq. ft. (4.02 acres) Plat Name Checking with Dakota County Plat records, the Giles Addition plat name has already been assumed by a development in Burnsville. The Giles 2nd Addition would not be acceptable since it is not directly related with the original Giles Addition plat. The applicant should rename the proposed plat with an original name not recorded with Dakota County prior to the plat being submitted to the City Council. Road Access The proposed development has existing access from 1 90th Street to English Ave and also 1891h Street, all of which are existing streets. 2 . . . Surrounding Land Uses The proposed development is surrounded essentially by single-family development with the exception of Pilot Knob Road and 190th Streets abutting the development to the west and south, respectively. The Silver Springs development is located to the north and east, the Akin Hills development is located on the south side of 1 90th Street and Nelson Hills Farm is located on the west side of Pilot Knob Road. Some existing older single-family residential is located to the east and southeast along what was the original Pilot Knob Road alignment. Landscaping The Developer is proposing to install a six (6) foot high wooden fence from the northwest comer of Lot 1 to the southwest comer of Lot 7, Block 1 to provide a sound barrier for the properties. Details of the style of the wooden fence are not currently identified on the plan. Staff would suggest that the Developer be responsible for the installation of the fence and that a timeframe for the installation of the fence be included in the Development Agreement. The City's Subdivision Ordinance also requires that proposed lots abutting a Minor Arterial roadway be platted 20-feet deeper to provide additional space for berming and buffering as a noise barrier. Because the depth of the lots have been predetermined with the widening of Pilot Knob Road and the construction of English Ave as part of that same project, staff suggests that the developer add additional landscaping along with the proposed 6-foot wooden fence. This will create the necessary noise barrier from traffic along the County roadway. Tree species are identified on the landscaping plan as being 2.5" caliper Linden and Ash trees. The developer is also providing 4 to 6 foot high Spruce trees in the rear yards for additional buffering. Engineering Comments Attached is the original review memo dated May 8, 2002 from David Sanocki, Engineering Division, addressing the engineering issues related to the proposed development. The major engineering issue relating to the platting of this property is the relocation of the sanitary sewer and water lines that followed the former Akin Road alignment. The Engineering Division requested the sanitary sewer be a minimum of 25 feet between the pipe and any of the proposed homes. The sewer line must also maintain 10' of separation between the proposed sanitary and watermain lines. The Engineering Division has completed a preliminary review of the plans and will have completed written comments completed by Monday and will be distributed to the Commission at that time. Parks & Recreation Comments Park Dedication The Parks & Recreation Commission is requesting that the Developer dedicate a small tot lot for the neighborhood. The tot lot would resemble the Troyhill tot lot on Everest Path and Evenston Dr. The proposed tot lot measures 17,132 square feet in size and is acceptable to the P ARAC. The P ARAC have also requested that the Developer install two (2) signs warning motorists of the location of the tot lot which have been identified on the plat at the south and north end of English Ave prior to approaching the tot lot. ~ . Trails and Sidewalks A bike trail exists on the east side of Pilot Knob Road and the north side of Akin Road; there are no sidewalks currently located within the Silver Springs neighborhood. The proposed sidewalk on the east side of English Ave is acceptable to the PARAC. The sidewalk was relocated to the opposite side of the street due to factors relating to the placement of the sanitary sewer, water lines and boulevard trees within the west side of the right-of-way. ACTION REOUESTED Staff is recommending that the Planning Commission forward a recommendation of approval to the City Council for the Preliminary and Final Plat contingent upon the following: 1. The plat be re-titled to a name that is not registered with the Dakota County Plat Office; 2. Issues relating to the timing of the construction of the (sound barrier) fence be included in the Developer's Agreement; 3. Address any issues by the City Engineering Division; 4. Preparation, approval and execution of a Development Contract for Farmington Acres; 5. Submittal by the Developer of all documents, security, and fees required under the Development Contract; . 6. Approval of the construction plans for grading, storm water and utilities by the Engineering Division. . cc: Tim Giles, TC Construction Development File 1 . . . APPLICATION FOR PLAT REVIEW S- ;/S/Lld.- . DATE G:Le.5 4ML~~^ LOCATION C iR 3 ( T- i 90 ~ 5tl'et'f W. AREA BOUNDED BY -12_a.5><'~iJ -10 1f. "A..a/' -,e,. 1- P ~l {,f /;ZCJli 1 -1-0 lJ...)'t!'~-I1- SCl.Jr. , ( ~c N'-S PLAT NAME TOTAL GROSS AREA ZONING DISTRICT(S) 12. -.:L NAMES & ADDRESSES OF ALL OIolNERS Y,NI. G; ~<; Ie C <DA s~~...c---h(.J/\ I PHONE: . (~~ d- \ t.f ~ ( - "3 5- f(''-/ NAME & ADDRESS OF L&'ifD SURVEYOR/ENGINEER pf't::; S ~ ~~j ,. i:::a (000 E. 1'1(" f1, <; t ),,, k .;J." 0 p" d,H, ..t (, ,., :0 ';~;;;;~'';j (9 A) </5::> -3 "00 ( I NAMES & ADDRESSES OF ALL ADJOINING PROPERTY OWNERS AVAILABLE FROM: ON: PLAT REVIEW OPTION: PRELIMINARY & FINAL TOGETHER: PRE PLAT ADMINISTRATIVE FEE: x IN SEQUENCE: PRE PLAT SURETY: I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE L~~D, THAT THE PERSON PREPARING THE PLAT HAS RECEIVED A COPY OF TITLE 11, CHAPTERS 1 THRU 5, ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORDk~CE WITH THE PROVISIONS CONTAINED THEREIN. /A~ SIGNATURE OF OWNER ~- (-S--() ~ DATE ADVISORY MEETING: 1 . SKETCH PL&\l 2. STAFF AND DEVELOPER CONSENSUS (, . . . Location Map " F o -I ^ Z o tll ;U CJ L ''''''' ST W ClJjSTW m (J) i! r;:I > rii 91 ST ST 5' 0- () (fJ w ~I '---. 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I '-_I." ,.... r~ ....... i . 80' ~ () ~z ~E ~~ G< ~o ~z ~C\1 rtl ~~ C:S ~ 0 z w Cl W -i '" !-----. 0:; (j ~ I- '" I U)I w Q- I ~I Q I 1-1 0:; I ~I () I ~~ Q- ~ I U)! ~0 <V I ~ I 'V I Ol - -L "'_ _ _ _ _ -.l 3nNC3)^'V HSIl8N3 < C) h h...., ~ ~ ~ ~ C\2 t2 t:2 (J '" () C) '\ . Ii '~I 0 '.. I ~.._.n ! ~ I ~ .' ~ Q z o ~ :::> go (J) z o (j 0: U e ,....: 8 ~ ~ ~ S (~€ "ON "H"V'"S'::>) OV'o"ilaON>lWlld n ...___.___~-l ;~~ ~ ~ , ;"a : i 'w " i ! ~ -~ ~ I ll5 ia ! ~ i <'~ ~I ! ~ 5 f ~ " ~ ~~ :: ~g ~ ,,~ ~ Zw ~ ~~ " ~o. V ~ 8 ~ 8 (!) .. ~ Z>. ccz~ ~f~ \&Iz~ g C5~ 0 ~ cr.::J " -. I ;' {ION8d N8aOOM HDIH ,9 " :~~l ------ ~--- . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 4'63-7111 Fax (651) 463-2591 www.ci.farmington.mn.us May 7, 2002 Tim Giles TC Construction P.O. Box 51 Elko, MN 55020 RE: Giles Addition Preliminary Plat Review Dear Mr. Giles, Planning staff has completed their review of the Preliminary Plat documents submitted to our office on May 2, 2002. Attached is a copy of the letter dated April 4, 2002 requesting specific issues be addressed. The following are issues that staff identified in its review of materials. 1. Name of Plat. The plat application that was submitted indicates that the proposed plat name is Giles Addition, the name shown on the plat documents indicates Silver Springs 3rd Addition. 2. Easements are not indicated on any of the proposed lots. The City's minimum easement requirements are ten (10) feet in the front and rear and five (5) feet on the side yards. Engineering staff will have additional comments concerning the required easements as part of this plat. 3. Use and/or conveyance of Outlot A? This lot is an unbuildable lot and is not considered as part of parkland dedication or a storm water pond. Will Outlot A be conveyed to the adjacent property owners since they currently utilize the property as access to their respective properties? The City Code defines Outlot as: a lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no development is intended and for which no building permit shall be issued. The future use of the pro;-,erty should be determined before the Final Plat is approved. 4. Who owns/controls Parcel 38 and Parcel 39A identified outside ofthe plat? has the property been dedicated over to Dakota County and/or the City as right-of-way? Dakota County property records indicate that you as the current property owner. (1, . 5. A landscaping plan was not included as part of the submittal. A landscaping plan should be submitted identifying the proposed boulevard plantings. The planting plan should also include a planting plan for the rear lots abutting C.S.A.H. 31 and 190th Street W. The City will require an earth berm and/or vegetation that should buffer and minimize traffic noise from both roadways (C.S.A.H. 31 is classified as a minor arterial roadway, 190th Street W. is classified as a collector). 6. The Parks & Recreation Commission will require a sidewalk be installed on the west side of English Ave from 189th Street W. to 190th Street W. to tie in with the existing trail (see attached memo from Jim Bell). 7. The Parks & Recreation request that two (2) signs be placed (one on each end of English Ave) warning traffic of the location of the tot lot. 8. Lot 8, Block 1 is shown to have a lot area of 188,049 square feet (or 4.32 acres), staff believes this number is incorrect. This should be corrected. 9. Are any protective covenants proposed for this development? All of these issues need to be addressed prior to receiving Preliminary Plat approval by the City Planning Commission. If this information can be forwarded to staff by no later than 4:30 p.m. on Thursday, April 9t\ it can be included in the staff report to the Commission. . If you have any questions concerning any of these issues please contact me at (651) 463-1821. . Michael Schultz Associate Planner cc: Russ Damlo, Probe Engineering Co., Inc Development File (3 . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Lee Smick, Planning Coordinator David Sanocki, Engineering Division J9! j FROM: SUBJECT: Silver Springs 3rd Addition Preliminary Plat Review DATE: May 9,2002 Engineering staff has reviewed the preliminary plat that was submitted for the above referenced project. The following comments need to be addressed prior to the next submittal: 1. The proposed sanitary sewer alignment does not meet City standards. The minimum grade for 8" PVC sanitary sewer is 0.40%. Also. the sanitary sewer alignment should allow a minimum of 25 feet between the pipe and any proposed homes. Show a minimum easement over all utilities (10' on each side of the pipe centerline). Maintain 10' of separation between the proposed sanitary and watermain at all times. 2. Drainage from one lot may not flow onto another without a drainage easement (Lots 4 through 7 of block 1). 3. Submit project storm sewer computations with drainage area map for review. How will project storm water be treated? Where will the water be routed? Overland drainage can not be routed more than 400' without a catchbasin (There is an existing storm sewer located on the east side of Pilot Knob). Will ponds be necessary? If so, where will they be placed? 4. The storm sewer proposed at the rear of lot 7 block 1 will need to be connected to the existing storm sewer at a minimum of a 90-degree junction angle. 5. There is no existing sewer and water service that has been stubbed for the proposed park (Outlot B) and lot 1 block 2. 6. Verify the proposed ground elevation (964.8) in the back of lot 2 block 1. Proposed grades (966 contour) west of this location are higher. 7. Include proposed lot comer elevations for all lots. 8. The proposed rear lot grades for lots 1 to 3 of block I are very steep. Will a retaining wall be necessary to allow for a flat area in the back yards? Design changes due to the above listed items could affect the easement locations for the proposed plat. It is recommended that the design engineer set up a meeting with engineering to discuss the proposed utility improvements further. cc: File Lee Mann, Director of Public Works/City Engineer Kevin Carroll, Community Development Director Mike Schultz, Associate Planner rl . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463:7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mike Schultz FROM: James Bell, Parks and Recreation Director SUBJECT: Silver Springs 3rd Addition - Park Dedication Requirements DATE: May 8, 2002 INTRODUCTION The Silver Springs 3rd Addition will require park dedication. DISCUSSION The Parks and Recreation Commission (PARAC.) has reviewed the Silver Springs 3rd Addition and recommends to the City Council that the developer dedicates land on the east side of English Ave. as per the plan to meet the park dedication requirements. This dedication would be consistent with park plans for that area ofthe city. In addition to the parkland, the PARAC also suggests that a sidewalk be placed on the west side of English Ave. to the Akin Road trail. ~~~, James Bell Parks and Recreation Director Cc: Planning Commission I~ . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us May 10, 2002 Mr. Tim Giles P.O. Box 51 Elko, MN 55020 Re: Application for Giles Addition Dear Mr. Giles: The purpose of this letter is to notify you that pursuant to Minn. Stat. S 15.99, subd. 3(f) the City of Farmington is extending the time period for review of your application for the Giles Addition that was submitted by you to the City on March 12.2001. The reason for this extension was the additional time that staff needed to review the plat. The anticipated length of this extension is an additional 60 days from the date of expiration of the City's initial 60 days for review provided under Minn. Stat. S 15.99. The time extension will allow the City to meet the . deadlines of the development review process that includes the review of the final plat at the City Council. Please feel free to call me at (651) 463-1820 with any questions you may have regarding your applic:ltion or the City's process for review of your application. Respectfully submitted, ~~ Lee Smick, AICP Planning Coordinator cc: Ed Shukle, City Administrator Kevin Carroll, Community Development Director Lee Mann, Director of Public Works/City Engineer File . ff, . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 36 TO: City Planning Commission . lJ)c/ Lee Smick, AICP \V\ Planning Coordinator FROM: SUBJECT: Consider Comprehensive Plan Amendment - Property South of Trinity Hospital and Trinity Terrace and North of Oak Street DATE: June 11, 2002 INTRODUCTION The City of Farmington proposes to amend the Comprehensive Plan from Medium Density to Low/Medium Density for the property south of Trinity Hospital and Trinity Terrace and north of Oak Street on the northerly boundary of East Farmington. . DISCUSSION The property was zoned from R-2 PUD (Low/Medium Density Residential Planned Unit Development) to R-2 (Low /Medium Density Residential) on May 6,2002. Therefore, the Comprehensive Plan needs to be amended from Medium Density to Low/Medium Density to comply with the Zoning Map. At the April 23, 2002 meeting, there were a number of residents from the East Farmington neighborhood who opposed the staff recommendation of R-3. A petition was submitted to the Planning Commission stating that the residents were opposed to the R-3 zone because the zone allows townhomes and manufactured homes as uses. The residents were concerned that more dense development would lower their single-family property values. After taking residents' comments, the Planning Commission recommended to the City Council that the property be zoned R-2. On May 6, 2002 the City Council concurred with the recommendation from the Planning Commission and zoned the property R-2. At the meeting, the City Attorney stated that if the City Council approved the rezoning to R-2, a Comprehensive Plan amendment would be required at a separate meeting to revise the property to a Low/Medium Density designation. Any revision to the Comprehensive Plan would require approval from the City Council and Metropolitan Council. ACTION REQUESTED . Consider an Amendment to the Comprehensive Plan from Medium Density to Low/Medium Density for the property south of Trinity Hospital and Trinity Terrace and north of Oak Street on the northerly boundary of East Farmington. . +-J C CD E "'C C CD E <( c CO 0... CD > (j) c CD ..c ~ E o () o N o N "'C CD (j) o c.. o L 0... . ~ ., c: ~ o >- t .,- a.'" e:a a. '" "CO .,J: o~ ., c: := "C: <(f- "' Z.~ :. '~~~~~~~m~~~ 1.S HlL ~~~;~~ ~~ m ~~ ~ 1.S Hl9 1.S Hl9 ~,~~~~~~aJED BBII~~sQss . . en +-' () 'C +-' en o 0) c c o N c o +-' ~ E L- eu LL '+- o ~ ~ +-' (.) . i I I I I I I I I I I I I ~ \\ j\:2 I l ~ " '1-- .'\ "I Q:l I - I '- ~ - T'"" 1 <( T'"" 1 <( Ul z.~ :< "0 C ~ ~ a Cl> ::-! ~~ -.J ~ j~i~f=::- ~ ~~I ~ 0 ~f~~iii 6 .. li ~io _::-~-~&~~~ ~~ :: ~ ~ ~ _~;;;lD&~"SS~~~E~~$""lk: ~ "~i iz~o~i~€a.~-~.~~ :feii '$ ~~6 ~ e 53=t~i ~~~~: :~~ ~~~jj ~ ~ ~ f 0 ~ ~J~]8iI~~~ ~~~~it88 ~ ~~~ g ~ s;Q:;~~,l~[;;;:;;,~;;o!~ ~ou. a. :x: ~<a.a)lDlDal!=~VJlZl([cra:::a:a::a::a::::a:: e~+~I.-1UI ~ II [1:1 1.111 a [ )~ ~ ~t j II -I ~ '?,D II ~ ~ I< --+-i . '<<~:'( ~~ EJ 98 8 , ~ ITID ITID EJ EJ EJ ~ %\ \CIIJITID EJ EJ EJ II \B\\ITIITIJ ~ >- I \~\~ E3 I ~'?B I '7 ~~~ T'"" I - @GI~ I ~ lillf1111J r- I EI mrrm f- I '/ ~g~ ~D0 = ~ 8Pt9 bITS snE ~ = ~ I ~~ ~~~n~ I I ~dD~ ~ a ag~~ LO ~ ~a agt~ I ! I /V.... I I - ~ I I ... d;] ,d;jV(~~ = =fl ~ .~; ~ .~~~~~mm~~~ I co .is H.lL ~~-- : mil : ~~+; ~-- r , ~~ ~,-I It""' - t.! ,I' "~ a:::,'.1 ,.-1 _ 1_, L _ L. L "..' ,I . '.: I I I . tJ u_~v .is H.l9 PiP ~,.~ ~~ ~ ~D [J I :;J , , I .! . I J r-~: I I ," I ; _ L..... ro I. L. ,L__ I 1__ __ .i S H.l9 i+iH[l~[ ._'. - -\-j 1\ b,FQ ~ . . . TO: FROM: SUBJECT: DATE: INTRODUCTION 3c City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us City Planning Commission Michael Schultz Associate Planner Itfe/ Encroach 6.42 feet into required sideyard setback with 48-foot amateur radio tower Applicant: William Transue, 18311 Elm Tree Circle June 11,2002 The applicant, William Transue, is seeking a variance to the required minimum sideyard setback for a proposed 48-foot amateur radio tower. The Zoning Code requires that towers over 45-feet in height add an additional 4-feet of setback for every I-foot over 45-feet. The minimum setback required for the applicant's proposed tower would be 18-feet, the applicant is proposing to place the tower II-feet, 7.25- inches off the side property line. Planning Division Review Applicant: Attachments: Property Location: Legal Description: Lot Size: Existing Zoning: William Transue 18311 Elm Tree Circle Farmington, MN 55024 1. Variance Application 2. Location Map 3. Certificate of Survey 4. Applicant's Site Plan 5. Pictures of Owner's Property 6. 10-6-14: Towers 18311 Elm Tree Circle Lot 2, Block 6, Dakota County Estates 6th Addition 7,116 square feet PUD (Planned Unit Development) 2020 Comprehensive Plan: Low/Medium Density Existing Land Use: Single-family residential Surrounding Land Uses: Single-family residential is surrounding the property . DISCUSSION The applicant, Mr. Transue, is seeking a variance to the required setback for a forty-eight (48) foot amateur radio tower. The City Code states that any tower below forty-five (45) feet in height has to meet the setbacks of the zoning district it is located, in this case six (6) feet is the minimum sideyard setback. The City Code also states that any tower over forty-five (45) feet in height must be set back an additional four (4) feet for every additional foot over forty-five (45) feet. Minimum Side Yard Setback = 6 feet Proposed Tower Height = 48 feet Feet over 45 foot standard = 3 feet 4 feet for every foot over ratio = 12 feet Total Required Setback = 18 feet Proposed Setback = 11 feet - 7.25 inches Variance Request = 6.42 feet City Planning staff inspected the rear yard of the applicant's property to ensure that the property owner had no other alternative locations for the placement of the amateur radio tower to meet the required eighteen (18) foot sideyard setback. After inspecting the property, staff felt that the applicant had ample space to meet the minimum required setback for the proposed forty-eight (48) foot tower (see attached pictures). The Board of Adjustment may vary the regulations of this Title if anv of 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 reason able use for the property exists under the terms of this Title. The shape, configuration and topography of the property do not appear to hinder the applicant in meeting the required setbacks. It appears that there is ample space in the rear yard of the property to meet the minimum requirements. 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 parcel is approximately the same in size (over 6,000 sq. flY and dimension (60 foot lot width) as most of the properties located in the Dakota County Estates neighborhood. 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. There appears to be no difficulty or hardship relating to the applicant's property in order to meet the City's required minimum setbacks for amateur radio towers. . . . . Surrounding Land Uses: Single-family residential is surrounding the property DISCUSSION The applicant, Mr. Transue, is seeking a variance to the required setback for a forty-eight (48) foot amateur radio tower. The City Code states that any tower below forty-five (45) feet in height has to meet the setbacks of the zoning district it is located, in this case six (6) feet is the minimum sideyard setback. The City Code also states that any tower over forty-five (45) feet in height must be set back an additional four (4) feet for every additional foot over forty-five (45) feet. Minimum Side Yard Setback = 6 feet Proposed Tower Height = 48 feet Feet over 45 foot standard = 3 feet 4 feet for every foot over ratio = 12 feet Total Required Setback = 18 feet Proposed Setback = 11 feet - 7.25 inches Variance Request = 6.42 feet City Planning staff inspected the rear yard of the applicant's property to ensure that the property owner had no other alternative locations for the placement of the amateur radio tower to meet the required eighteen (18) foot sideyard setback. After inspecting the property, staff felt that the applicant had ample space to meet the minimum required setback for the proposed forty-eight (48) foot tower (see attached pictures). The Board of Adjustment may vary the regulations of this Title if illEi of 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 reason able use for the property exists under the terms of this Title. The shape, configuration and topography of the property do not appear to hinder the applicant in meeting the required setbacks. It appears that there is ample space in the rear yard of the property to meet the minimum requirements. 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 parcel is approximately the same in size (over 6,000 sq. ft) and dimension (60 foot lot width) as most of the properties located in the Dakota County Estates neighborhood. 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. There appears to be no difficulty or hardship relating to the applicant's property in order to meet the City's required minimum setbacks for amateur radio towers. z . . . 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The placement of the amateur radio tower would alter the essential character of the neighborhood and could be injurious to other properties by not meeting the necessary setbacks, The minimum setbacks were established not only to protect the subject property owner, but for surrounding property owners for an adequate "fall zone ", 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. There would not be any negative impact to either the general public or property owner. ACTION REQUESTED Staff recommends that the Planning Commission deny the variance application based on insufficiant evidence given by the applicant that a hardship exists in relation to meeting the 18-foot minimum setback for proposed 48-foot amateur radio tower. cc: William Transue, 18311 Elm Tree Circle 3 e ~ t Q) 0- o L- a.. ~ c CO L- J-- . 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CITY OF FARMINGTON VARIANCE APPLICATION Farmington,MN 55024 651-463-7111 FAX 651-463-1611 For office use Permit Number Applicant Name W;a;""", p, Applicant Address (1) j I E L,,1., Street Phone Number (~S"i) '-t if 0 - '-0 ~ Lf Legal Description of Subject Property: (lot, block, plat name, section, township, range) Lei 1 ,GLach' ~, Dt.../r,,-ict.. C"v.rii1 6d:A-.{.~5 1.:,......; A-Jj:-l:::Dri I I T m...14.5 u. 't T",e C,.,. Fc-""",~",}{;,,, City /'AN State {;SO)'1 Zip Code Current Land Use Current Zoning District . Specific Nature of Request / Claimed Hardship: u.~..bt.{ --it ~l.A- Sctb~/ if I"P!iiA-j',.....,./..-f:S ~"'L L.o -t .t.. b ~'1' l-/.'i~t.. (iD~&-i~ - i==") M~cis -it $;:.-th"'c.tr b...of Vk-t -(i~-< . (i--/; JDV .eVtt"'Y +cot. t{i L-\.I~:5'l,.-f .ei.L.aJ:.,s 4.,r-P-j" (iC-&-i.;- '::2) 1.9w4V 1$ a.. 11..0;'1"1 i-JOO~-Y:? i D I9t ll.s~ ~ ~f')J! tlV"l....(.(IJ"1 (LC,J ~o /t _ Proof of Ownership _ Boundary/Lot Survey V _ Application fee ($J.S&)~ _ Copies of Site PlanV' _ AbstractJResident List (adjoining property owners only) _ Torrens (Owner's Dublicate Certificate of Title Required) Property Owner's Signature YL../ dJv;. P. f-tIt- Date s--"I-01. Following Attached: (please check) 1 I". For office use only Request Submitted to the Plannin~ Commission on S- - 9 - 02- Public Hearing Set for: t, - II - 0 Z. Advertised in Local Newspaper: S - '$0- 0 Z Planning Commission Action: Comments: _ Approved _ Denied Conditions Set: . Planning Coordinator: Date: b . ~ I ~ ! ~ t~ --.. -...- 1 . . E /1'1 Tr~ (!,;~/e 1 . . . -:x:- o ~ V' ~ ~ (J\ .... l Ul .... I \D .. o \D .. ~ ru .... I ~ o W '-. ~ .. ~ ~ .... I -....,J ....... '-. ~ .. 8' f,--_....._..._.~--_..... CERTIFICA_TE OF SURVEY FOR: EVERGREEN INVESTMENTS INC. DESCRIPTlON: LOT 2, BLOCK 6 DAKOTA COUNTY ESTATES SIXll-l ADDITlON DAKOTA COUNTY, MINNESOTA .- N 89.48'35" W 116.11 o 00'1 ::! ~ 51 -0 NO (Jl . . rtl \. 2 -. fT1 Z r \ \ ~ 0 ~ Ol~ :::u \ O~ fT1 10 ~~ fT1 Ol Q ~ 'I :;:0 ~ r8P '(Tl -' z I I DRAINAGE AND UTILITY EASEMENT W SCALE: 1-..50' . DENOTES FOUND IRON MONUMENT o DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET. MARKED BY REGISTRA nON NUMBER 6598 ! MELCHERT I BLOCK ASSOCIATES INC. ENGINEERS . SURVEYORS - LANDSCAPE ARCHITECTS I HEREBY CERnFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND lHAT I AM A OUL Y REGISTERED LAND SURVEYOR UNDER MINNESOTA STATUTES SECll0N 326.02 TO 326.16. 317 lAST KELLOGG BLVD. . ST. PAUl.. . MINNESOTA ll8IOI . '''21 228-1118. Job No. look-Pog. D.O. No. DATE REGISTRA l10N No. 'l .. 7(. f' ra C'/r~ )e . d- 011\ 0 6 -/ /, AIJIH 11 UII -=--' C:H/\.Im I~I.I~V /\.11 un 7 J S. 7 \. /, ~. {J, n "';;"J )) (' f -( - J c. (./ c i j \ I j I (}I. ,0 ! . Ie -.H" ., 116. II FtJir Pl 170'} f ''1 ' eff" , ~__ ~L-) 1'1 ~6-) ~r 1 '~ f 0 'J ~ r ba (et J f!, . (=-2-~ Gf~p :xl > . d {' "3 , K (--'6'- K-: /Jr;"~ Wt:i'f - 6iJ.sl":'-' ,)-- E/V'-J Tree: C~rcJ~ If> . . closest to the center of the intersection, down the front curb lines or edge of the ntersecting streets thirty feet (30'), and then connecting these end points with a straight line. 3. When a fence is adjacent to a driveway of a neighboring lot, a 5 feet trian et setback along the streetside shall be provided at the intersecting lot li (C) V . g Setbacks: Should the fence be located between principal bu' ings with varying setbacks on adj ent lots, a fence up to six feet (6') in height may not exte eyond the average setback of the two ) buildings. (D) Variance: A ariance is required for fences over six fe (6') and up to eight feet (8') in height when construc d within the buildable areas of lots in sidential districts. (E) Commercial And ndustrial Districts: Fences 10 ted within commercial and industrial districts may be located on a lot line up to a height 0 eight feet (8') except in the required front yard. (F) Site Plan; Building Pe it: A site plan legal survey with the location of the proposed fence shall be submitted to the uilding Ins ection Division for approval for all fences over four feet (4') in height. An applicatio for a b ding permit is required for all fences exceeding six feet (6') in height. (G) (H) Maintenance: All ences shall be mainta ed in good condition and vertical position, and any missing or dete 'orated wood slats, pickets, er fencing material, or structural elements shall be replaced in Imely manner with the same qu 'ty of material and workmanship. (Ord. 097-395, 6-2-1997) ay of Vehicles for Sale Vehi s may be advertised for sale from the title holder's prope rovided that they observe district set ck requirements and are displayed on the title holder's private dn way or parking area. Not more one vehicle may be so displayed. No vehicles may be advertised for s e from public property. (Ord. 91-246,5-20-1991) 10-6-14 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 \ \ (B) * 3. Maximize the use of existing and approved towers and buildings in order to reduce the number of towers needed to serve the community. Districts Allowed: 1. Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels. 2. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed as a conditional use within the A-land 1-1 Districts. 3. Use of existing towers is encouraged and will be exempt from the conditional use process. Permitting will involve the requirements listed in Title 4, Chapter 4 ofthis Code. (C) Co-Location Requirement: (D) 1. A proposal for a new personal wireless communication service tower shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-halfCh) mile radius of the proposed tower due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned equipment at a reasonable cost. (b) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. (c) No existing or approved towers or commercial/industrial buildings within a one-half C/2) mile radius meet the radio frequency (RF) design criteria. (d) Existing or approved towers and commercial/industrial buildings within a one-half Ch) mile radius cannot accommodate the planned equipment at a height necessary -to function reasonably as documented by a qualified and licensed professional engineer. (e) The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a one-half e 12) mile radius was made, but an agreement could not be reached. 2. Any proposed commercial wireless telecommunications service tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height or for at least one additional user if the tower is over sixty feet (60') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Tower Construction Requirements: All towers erected, constructed or located within the City, and all wiring therefor, shall comply with the requirements set forth in Title 4, Chapter 4 of this Code. 12.. . . . (E) Tower And Antenna Design Requirements: Towers and antennas shall be designed to blend into the surrounding environment through the use of color except in instances where the color is dictated by Federal or State authorities. (F) Tower Setbacks: * 1. Towers shall meet the setback requirements of the zoning district where located to a height of forty five feet (45'). 2. Towers in residential, conservation and agricultural districts will be set back four feet (4') for. Y- every foot of height exceeding forty five feet (45'). 7\ 3. Towers in industrial districts will be set back two feet (2') for every foot of height exceeding forty five feet (45'). (G) Tower Height: Towers, including all attached antennas, shall be limited to a maximum height of two hundred feet (200'). (H) Tower Lighting: Towers and their antennas shall not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ballfield) or the illumination is specifically required by the Federal Aviation Administration or other authority. 0) Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. Accessory Utility Buildings: All utility buildings and structures accessory to a tower shall be architecturally designed to blend with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which they are located. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the adjoining neighborhood. \K) Abandoned Or Unused Towers Or Portions Of Towers: (J) 1. All abandonments or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Planner. In the event that a tower is not removed within twelve (12) months of the cessation of operations at the site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. 2. Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. Antennas Mounted On Roofs, Walls And Existing Towers: The placement of wireless telecommunications antennas on roofs, walls and existing towers may be approved by the City Planner provided the antennas meet the requirements of this Code, after submittal of: 1. A final site and building plan, 13 ., 2. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. (M) Interference With Public Safety Telecommunications: All applications for new telecommunications service shall be accompanied by an intermodulation study prepared by a registered professional engineer which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before introduction of new service or changes in existing service, telecommunications providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. (N) Additional Submittal Requirements: 1. A report from a qualified and licensed professional engineer which: (a) Describes the tower height and design with cross-section and elevation; (b) Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation between antennas; (c) Describes the number and type of antennas that can be accommodated; (d) Documents the steps the applicant will take to avoid interference with public safety telecommunications; (e) Includes the engineer's stamp and registration number. 2. A letter of intent committing all commercial wireless telecommunications service towers to allow the shared use of the tower if an additional user agrees, in writing, to meet reasonable terms and conditions for structures. 3. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration and a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 096-383, 11-18-1996) 10-6-15 Recycling Facilities (A) Recycling facI. other than special recycling activity allowed b It only as described under Section 7-1-3 of this are conditional uses in the I-I . t Industrial District subject to the following: (B) The facility must et the requirements for sc 10-6-13 a -6-14 of this Chapter. ing and landscaping contained in Sections (C) e facility must provide off-street parking as outlined in the 1 ~a gory in Section 10-6-8 of this Chapter. 1t.J . . . N o I \0 I \0 I Q) ....... U l-< .- U Q) Q) l-< E- 8 ~ IS- . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us 3d City Planning Commission Michael Schultz \tf V Associate Planner Variance Application - Encroach .68 feet into Sideyard Setback Applicant: Jeff Weldon, 19100 Embers Ave. June 11, 2002 The applicant, Jeff Weldon, is seeking variance approval to encroach .68-feet into the minimum 6-foot side yard setback with a deck structure. The deck itself is almost completed and the applicant was issued a stop work order when it was determined that a building permit was required. Planning Division Review Applicant: Attachments: Property Location: Legal Description: Lot Size: Existing Zoning: Jeff Weldon 19100 Embers Ave. Farmington, MN 55024 1. Variance Application 2. Location Map 3. Certificate of Survey 4. Pictures of Property 19100 Embers Ave Lot 1, Block 2, Autumn Glen Addition 14,051 square feet R-l (Low Density Residential) 2020 Comprehensive Plan: Existing Land Use: Surrounding Land Uses: Low Density Single-family residential Single-family residential is surrounding the property Year Home was Constructed: 2001 . . . DISCUSSION The applicant, Jeff Weldon, is seeking variance approval to encroach .68 feet into the side yard setback with a deck that is currently under construction. Mr. Weldon believed the deck was in accordance with regulations of the State Building Code which does not require a homeowner to apply for a building permit for structures under 30" in height measured 5-feet out from the structure. City Building Division inspected the property and issued a stop work order when it was determined that the deck platform exceeded the 30" measurement. The Building Inspector also noted that the deck may be encroaching into the 6-foot side yard setback. The property owner was issued a letter indicating that the possible encroachment of the deck and plans for plans to be submitted that would demonstrate that the deck was not encroaching or request a variance. The property owner determined that the deck was actually encroaching .68 feet into the minimum 6-foot side yard setback. The Board of Adjustment may vary the regulations of this Title if anv of 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 reason able use for the property exists under the terms of this Title. The property does not appear to contain a unique shape, configuration or topography or other conditions that may cause undue 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. The property is located on a corner is measured 98.43' x 13 7. 67' and 14,051 square feet, well above the minimum requirements for properties within the R-1 Zoning District. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. The lot is a part of the original Autumn Glen development, platted in May of 2000. The applicant is the original homeowner. The difficulty or hardship that would be remedied by the granting of a variance was caused by the manner in which the deck was constructed by the applicant. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The deck does not appear to alter the essential character of the neighborhood nor does it appear that is would substantially diminish adjacent property values. 5. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fIre, or be detrimental to the public welfare or public safety. 2 . . . There would not be any negative impact to either the general public or property owner. ACTION REOUESTED Determine whether the applicant meets anyone of the requirements given above to approve the proposed .68-foot variance to the minimum 6-foot side yard setback. cc: Jeff Weldon, 19100 Embers Ave 3 . ._~ ....:...:~.:..'-~"k'..:. :::. ., _ _ _,'~ '_ _'_'__-_'...~,_'....... _.... - ~ ~,,_'- .~.; );( ;(C-(.. Sd-l "'\ \ -T'Z.- . :""""-- Current Land Use ~, l) t.M'\ l 0..\ Current Zoning District r~~ i O~ ... , . Specific Nature of Request I Claimed Hard~hip: ~l...!>~~\ ""'l.Cll~INc.D )(.- r;O (' :h~ ~ CN.r ',;' V\at W~ ~ ~~~~;.: ",~-I&:':~"lf~~::;~~~ ~ t7~_~) Following Attached: (please check) _ Proof of Ownership VBoundarylLot Survey V"AppUcation fee (5200) "~ Copies of Site Plan _ AbstractJResident List(adjoining property oWlle~ oJdY) , Torrens'(OWller's DubUcate Certificate of Title ReqUired) '.' . Jeffrey and Katherine Weldon 19100 Embers Avenue Farmington, MN 55024 651/460-3646 May 19, 2002 City of Farmington Attn: Mike Schultz 325 Oak Street Farmington, MN 55024 Dear Mike, . Attached is the variance application for the presentation to the City of Farmington for the construction of our deck on the southern side of our home. We are requesting that the city's Planning Commission approve of our variance in order to continue the construction of our deck. After discussing the matter with Ken Lewis, we agree that we our in violation of the minimum setback and height of our deck due to our incorrect measurement of our deck. We have contacted our neighbor to south, Tom Smith. He has agreed to provide any documentation, if needed, as well. We appreciate the time that you have taken and hope that this can be resolved without dismantling our deck. If you should need any further information, please let me know as soon as possible. Thanks again for your assistance. . h . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us May 8, 2002 Jeff Weldon 19100 Embers Ave Farmington, MN 55024 RE: Construction of Deck without Building Permit/Encroachment into Minimum Side Yard Setback Dear Mr. Weldon, This letter is concerning the stop work order that was placed on you to halt construction of your deck in order that the proper building permits may be submitted. An application was submitted on April, 26 2002, upon review ofthat application staff calculated that the deck may be encroaching .68 feet or 8 inches into the minimum six (6) foot side yard setback along the south property line (see attached survey). In order to lift the stop work order and complete the deck project and/or to have an approved building permit on file, one of the two following options must be completed in order for the permit to proceed: 1. Provide evidence that the deck (any and all portions of the deck) is not encroaching within the minimum six (6) foot side yard setback. This may be completed by re-measuring the deck dimensions (preferably actual constructed dimensions) in relation to the registered as- built certificate of survey. If evidence can be displayed to the satisfaction of city staff, the building permit review may proceed. Or 2. Submit a variance application (enclosed) along with the appropriate fee ($200) and all necessary documents (i.e. survey, deck plans, etc) to city staff. The application would then be forwarded and heard by the City Planning Commission at a public hearing at the next regularly scheduled meeting (the next meeting date is June 11, 2002, applications must be received no later than May 24th to be placed on the agenda). If you have any questions concerning this letter or the process in which to complete either of the two options given above please contact me at (651) 463-1821. Cc: Kevin Carroll, Community Development Director Darrel Gilmer, Building Inspector Ken Lewis, Building Inspector ? . ~ Q) a. o L- 0.. . "'0 - Q) s . 3: I- C/) I- C/) c;; ..... 0> co ~ S I- en I- en T'"" (j) T'"" 3: t;; I- C/) c;; ..... ~ C/) 0::: W co ~ w co CD ~ ..... ~ ~ ~~~ ~~ ~ C/) 0::: w CO ~ w r:::. o 0> lJJ CD oS! '" 0 I.C) II ~ w ~ lQ w CO ~ W ~ ..... 0> ..... w ~ C/) a:: w CO ~ W ...... CO o 0> ..... w > <( C/) a:: w CO ~ W ~ c;; ..... c: ::> >-8 ~ ::>-5 f/):.! -01 010 ljl'.. m~ :5::> z~ ~ . . .- .' .......... ." . ......-............ BOOK PAGE CONSULlING ENGINEERS. PLANNERS and LAND SURVEYORS ROBERT MCNEARNEY HOMES PROJECT NO. 10309.00 "OBE \.NGINEE8ING COMPANY, INC. - 1000 EAST 146th STREET. BURNSVlLLE. r CERTIFICATE OF SURVEY Legal Description: LOT 1, BLOCI< 3, AUTUMN GLEN, DAKOTA COUNTY, MINNESOTA. ,- ~q t:j{~~ '?' ~/9.j,) 9 ZO. f'O . '111.,. ~? _, 1'20.33 DENOTES EXISTING ELEVATION DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE = FINISHED GARAGE FLOOR ELEVATION = BASEMENT FLOOR ELEVATION = TOP OF FOUNDATION ELEVATION ,/ ~S;' -\ "", &9' ~J I hereby certify that this is a true and correct representation of a tract as shown and described hereon. As prepared by me this (!3111 day Of~AfZt~" . 2,001. .nYl~ J-/6-11/ : 11tJV'Ei7 hfV>C f. /J ,W~,I1.t7(? ,-,dfl-f,--. Minn. Reg. No. 1'108b q Weldon Property - 19100 Embers Ave . Looking from Embers Ave east . . Looking from rear yard west toward Embers Ave II . . i . TO: FROM: SUBJECT: DATE: INTRODUCTION Planning Division Review Applicant: Attachments: 3e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us City Planning Commission Michael Schultz Associate Planner \t.f C/ Special Exception Permit - Move Structure Across Public Streets Applicant: Tim Young, 1021 Third Street June 11,2002 Tim Young 1021 Third Street Farmington, MN 55024 1. Special Exception Permit Application 2. Transport Route/Location Map 3. Certificate of Survey 4. Photos of Structure 5. 10-3-8: Special Exceptions Existing Structure Location: 408 Spruce Street Proposed Structure Location: Structure Dimensions: 1021 Third Street 24' x 26' Year Structure was Constructed: Legal Description: Lot Size: Existing Zoning: 1962 South 63-feet of Lot ?, Block? 10,710 square feet R-2 (Low/Medium Density Residential) 2020 Comprehensive Plan: Low/Medium Density Residential Existing Land Use: Single-family residential . Surrounding Land Uses: Commercial to the north, County Fairgrounds to the south, Multi-family to the west, Single-family residential to the east. DISCUSSION The applicant, Tim Young, has submitted an application to move a garage (accessory structure) across public right-of-way from the location of the former St. Michael's Church property to the lot located at 1021 Third Street. The City Building Inspection department has inspected the structure and deemed the structure safe and secure for moving along public streets. The City Engineering Department has inspected the route in which the structure will travel and has determined that the proposed route should not cause any road or traffic problems. The Engineering Department has requested that the applicant submit a surety in the amount to be determined by the City Engineer to ensure that damages be repaired if they were to occur. ACTION REQUESTED Staff is recommending that the Planning Commission approve the Special Exception Permit to move the garage structure from the former St. Michael's Church property to the location at 1021 Third Street contingent upon the following: I. . 11. Ill. IV. The applicant or the applicant's contractor submit a surety in the amount determined by the City Engineer to ensure against damages to the public right-of-way; That the garage be placed on a permanent foundation in the location indicated on the site plan; That a driveway be constructed, meeting City Code standards (concrete or bituminous surface) from Third Street only, to be completed within 45 days upon moving the structure onto the property; The structure be painted to match the exterior of the existing home (see Section 4-5-5 (C)2: Residential Performance Standards: Accessory Buildings. Michael Schultz Associate Planner cc: Tim Young . z . . CITY OF F..~'VIINGTON CONDITIONAL USE PER1WT APPLICATION Farmington. i\tlN 55024 651-463-7111 FAX 651-463-1611 For office use ____ . Permit ~umber Applicant Name (please print) ,11'fN lit Applicant Address 2,1 rd. Street City Phone ( ) Fax ( ) Legal Description of Subject Property: (lot, blocl4 plat name, section. township. range) Current Land Use Current Zoning District .peeifie )fature of Reque," lJIaF-f'fi;?e4 Z~..G ~/~ ucft/;Jd d -If; lOrY -S/!i' g~~f . . Following Attached: (please check) _ Proof of Ownership Boundary/Lot Survey _ Application fee _ 6 Copies of Site Plan _ AbstractlResident List "'(required 350' from subject property) _Torrens (Owner's Dublicate Certificate of Tide Required) Property Owner's Sig.atureY~,~ i"~Pliea.t" Sig.ature . Dat~L ~ _ Date For office use only - / /. Request Submitted to Planning staff on S-/ ;;2;) 0 ri- Public Hearing Set for: ~ -I ( --0;;2. Advertised in Local Newspaper: 5 - 30 -02. Planning Commission Action: _ Approved _ Denied City Council Action (if necessary): _Approved _ Denied Comments: Conditions Set: e.: Planning Coordinator. Date: i"'. L5 1-1..\\ I 'I \11 : i III MAY 2 2 ?nm il! ill --'-- i@ 3 I Tranport Path 81. 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(it, \) ~ ~ ~ \f ~ ~ . . pon app ision by the Board of Ad'u oor ma or s a set a public hearing, transmit the a to the City Council and mail a notice to the Board of Adjustment and owners adjacent to the su disregarding public rights of way. The' uncil shall within sixty (60) days of the public hearing, . to affirm or to overturn the ecision of the Board of Adjustments with a four-fifths (4/5) vote of the City 10-3-8: SPECIAL EXCEPTIONS: The Board of Adjustment may authorize a permit to move structures into or within the City in accordance with the criteria and provisions listed herein: (Ord. 086-177, 3-17-1986) (A) Applications will be filed with the Zoning Officer who shall set a public hearing, transmit the application directly to the Board of Adjustment and mail a notice to property owners adjacent to the subject property, disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. The application shall consist of: 1. An application fee in an amount equal to that set by the City Council. 2. Six (6) copies of a site plan and supporting data which show the size, proposed location of the structure and topography of the site. 3. A list of the streets on, over or through which said structure will be moved. 4. Photographs showing front, rear and side views of the structure. (Ord. 095-357, 8-7-1995) (B) Upon a filing of an application, the Zoning Officer shall cause the Building Inspector to investigate the building and report to him the results of the investigation together with recommended action thereon. (C) No permit shall be issued to move any building or structure which, in the opinion ofthe Zoning Officer: 1. Is constructed or in such condition as to be dangerous. 2. Is infested with pests or is unsanitary. 3. Is unfit for human habitation. 4. Is so dilapidated, defective, unsightly or in such disrepair that its relocation at the proposed site would cause appreciable harm to the property or improvements in the neighborhood. (0) The Board of Adjustment may authorize the move of a structure based upon the evaluation of the following: t 1. The age of the structure shall be similar to the age of the structures in the immediate neighborhood. 2. The value of the structure shall equal or exceed the value of the structures in the immediate neighborhood. 3. The architecture of the proposed structure shall produce a visual impression which is consistent with the architecture of the immediate neighborhood. ~;., ? - 4. The exterior of the structure shall be completed, upgraded and landscaped within a time frame established by the Board of Adjustment, but in no case shall exceed ninety (90) days. 5. There shall not be any storage of structures on any property, public or private. 6. The Board of Adjustment may attach other conditions as they deem necessary which preserve the spirit and intent of this Title. (Ord. 086-177, 3-17-1986) 10-3-9: APPEALS, FEES: (E) Before a building permit can be issued, an applicant shall deliver surety acceptable to the Zoning Officer in an amount equal to the cost of the work to be done as estimated by the City Building Official. In the event the work is not completed, within six (6) months of issuing the permit, the letter of credit shall be claimed, giving the City the option of completing the work or demolishing the structure to clear, clean and restore the site, unless an extension is granted by the City Council. In the event that the moving of any building causes damage to the public streets or other public property, in addition to any other remedies the City may have, the Zoning Officer may require the damage to be repaired with the cost to be deducted from the letter of credit. (Ord. 095-357, 8-7-1995). Board shall have the power to hear and decide appeals from any order, requirement, decision, nt or re al made by the Zoning Officer in the administration of the Zoning Title of this Code. fee to be charged any appeal or proceeding filed with the Board shall be such as is determined proper action of the City ncil. (Ord. 075-26, 12-15-1975) . A party may appeal a de . sion of the Zoning Board of Adjustment w issues of fact, procedure or other finding made by the Board e in dispute. Appeals must be filed the City within ten (10) days of the final decision of the Board of ~ustment. Building permits s 1 not be issued after an appeal has been filed with the Planning Departme . If permits have been' ued before an appeal has been filed, then the permits are suspended and construe' n and/or usage s I cease until the City Council has made a final determination of the appeal. The City uncil sha onduct a hearing within sixty (60) days after the receipt by City staff of the appeal from an ctio y the Board of Adjustment. As provided in subsection 10-8-6(D) of this Code, notice of the hearin all be mailed to property owners adjacent to the subject property disregarding public rights of w . An erson may appear and testify at the hearing either in person or by duly authorized agent or orney. A e to be established by resolution of the City Council shall be paid by the appellant at th Ime the notice 0 peal is filed. (Ord. 097-393,4-7-1997) . 10-3-11: INVALIDATI m the date of granting a conditional use or van ce, upon recommendation of the Zoning Officer, stantial progress has not been made to implement i urpose, the Board of I declare the conditional use or variance null and void. (0 .086-177,3-17-1986) of Adjustment shall have the power to authorize changes of lawful ) A nonconforming use which occupies a portion of a structure may be extended WI in such structure as' existed when this Zoning Title was enacted but not in violation of the area and yar the zoning district. ~ . 4-5-5: RESIDENTIAL PERFORMANCE STANDARDS: (C) Accessory Buildings: 2. The same or similar quality exterior building material shall be used in the accessory and principal building. All accessory buildings shall also be compatible with the principal building to the extent that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint. . . '1 . . . TO: FROM: SUBJECT: DATE: INTRODUCTION Planning Division Review Applicant: Attachments: Property Location: Legal Description: Lot Size: Existing Zoning: City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651)463-2591 www.ci.farmington.mn.us 3-f City Planning Commission Michael Schultz Associate Planner Conditional Use Permit Application - Construct Church in R-l (Low Density) Residential District Applicant: Fannington Lutheran Church, 501 Walnut Street June 11, 2002 Farmington Lutheran Church 501 Walnut Street Fannington, MN 55024 1. Conditional Use Permit Application 2. Letter dated May 3, 2002 from Ann Kuntz, Project Manager 3. Location Map 4. Legal Description 5. Site Plan 6. Elevation Drawings 7. Main Level Plan 8. Landscape Plan 9. Electrical Plan 10. Grading Plan 11. Utility Plan East of Akin Road, north of the Riverside Neighborhood (see attached) 16.44 acres (+ 1.23 acres ROW) R-1 (Low Density Residential) 2020 Comprehensive Plan: Existing Land Use: Low Density Agricultural . . . Surrounding Land Uses: Single-family residential is located to the south and west, Bongaard Trucking is located to the north and agriculture is located to the east. DISCUSSION The applicant, Farmington Lutheran Church, is seeking approval of a conditional use permit to construct a new church. Existing Site Condition The property is currently being used as agricultural with a number of goats being raised on the property. A number of the out buildings currently exist on the site and are located to east and southeast of the property. A portion of the site is heavily wooded in the west and north portion of the property. The property also contains three electrical transmission towers that contain a fifty (50) foot easement. The power lines, owned by Excel Energy, bound the property on east and cuts northwest toward the central portion of the site. Site Plan The site contains two wetlands on the west and northwest comer of the property. The applicant is proposing the church on the south central portion of the site, avoiding the wetlands. The wetlands are classified on the City's Wetland Classification system as utilize. Parking lot drainage will be directly mainly out to the future public roadway; some drainage may occur overland toward the wetlands. The applicant will need to remove some of the more mature trees on site but is proposing to preserve a majority of them that are located mainly along the west and north sides of the site. Building Details Phase I Total Building Space = Number of Seats = 21,014 sq. ft. 450 Phase II Expansion = 6,496 sq. ft. Total Building Area = 27,510 sq. ft. Parking! Access Based on 450 seat sanctuary Phase I Parking Parking = Handicap = 244 7 Alternative Parking = Handicap = 11 4 Total Parking Stalls Parking = Handicap = Total Phase 1 = 255 11 266 z.. . . . Phase II Parking Master Plan - 900 Seat Sanitary Future Parking = 223 + Phase I Parking = 266 Master Plan Total Parking = 489 The future phase II parking area is shown just north of the main parking lot and would service the future expansion of the church facility. Lighting Parking lot lighting is planned within the interior of the lot with dual mounted luminaires on single pole light standards. Single mounted luminaires are proposed near the church in the direction of the parking lot. Additional lighting is shown for the future proposed signs, this is discussed on the sign portion. Access to the site will be initially off of Akin Road to the east unto a future public street. The road is currently proposed at a 24-foot wide, the City Engineering Department is currently reviewing the proposed width. A future service road will be constructed at a later date when the church expands and/or when the parking lot expands. When the future service road is constructed, a "main" drive will connect through the main entrance and the service entrance to the site. The applicant will be required to plat the property and future right-of-way at a later date if the CUP is approved; the City Engineer during Preliminary Plat review will determine the actual amount of right-of- way needed. A temporary cul-de-sac is proposed at the end of the future public street for emergency access turnaround. Building and Site Use Building Use . 2 - 3 Church Services on Sunday mornings with seating for 450 per service . Various dinners, luncheons, receptions and parties serving up to 300 people per event throughout the year (1 - 2 events per week) . Weddings and Funerals for up to 450 people per service . Educational Usage . Sunday mornings: 9: 15 to 10: 15 for 120 to 180 students and 37 - 56 teachers . Wednesday Nights: 6:00 -7:45 for 180 - 270 students and 33 - 50 teachers and mentors . Youth Events - approximately 20 per year with 10 - 200 students per event . Weekly Administration Use for 8 - 12 people . Meeting Room use for various groups ranging from 10 - 40 people throughout the week Site Use . Parking for 249 cars in Phase I with an ultimate site parking count of 487 stalls . V arious Youth sports such as . Basketball in the northwest parking lot . Softball in the future southeast parking lot . Volleyball, horseshoes and controlled bonfires . Outdoor Worship Services in the summer for approximately 450 . Patio usage before and after worship and for special events 3 . . . Landscaping The applicant is proposing to preserve a majority of the existing mature trees to serve as a buffer from Akin Road. The applicant's architect shifted the original site location of the church south to preserve even more trees. The entry median will be landscaped with Junipers and the main drive in the parking and drop-off area will be landscaped with Pin Oaks. Landscaped islands within the parking lot will contain Swamp White Oak and Sumac. Flowering Crabs, Serviceberry and Winterberry will be planted around the front entry of the church. The applicant is also proposing to plant the area surrounding the parking lot with natural prairie grasses. A grass sod base will be planted around the entry drives and around the church structure. The applicant is proposing to preserve as much as the site in its natural state. Utilities Sanitary Sewer and water mains exist along Akin Road and can provide the necessary service for the proposed church. Signage The applicant is proposing to install three illuminated signs at the entrances of the site. An angled sign is proposed at the northeast comer of the future public street and Akin Road (75 sq. ft. per side). Two minor signs are proposed, one within the median of the main entrance (sign A = 21 sq. ft. or sign B = 42 sq. ft.) and another sign will be placed at the future north service road (21 sq. ft.). The applicant has requested a variance in order to allow all three signs to be illuminated, along with illumination of the cross atop the clerestory, within a residential zoning district. Staff has suggested tabling this request until the CUP is approved or when staff has completed revisions to the City's Sign Ordinance. Traffic Review Shelly Johnson, Bonestroo Rosene Anderlik & Associates Engineering, has conducted a review of the proposal and has forwarded the following comments: . Need left and right turn lanes along Akin Road at the future public road; . Need a minimum of 1 50-feet for the right turn lane onto Akin Road; . Proposed 24-foot street width is too narrow for a future public street; . Suggests painted crosswalks from parking lot to church entry, depressed curbs for handicap accessibility; . One way drop off design or signage indicating one way. Engineering Comments The Engineering Department is in the process of completing its review of the church proposal and will be forward to the Commission as a supplemental sometime before the meeting. Staff apologizes for the . . mconvemence. tf . . . ACTION REQUESTED Staff recommends approval of the Conditional Use Permit to construct a church within an R-I (Low Density) zoning district with the following contingencies: 1. The applicant plat the property within 90 days of approval of the CUP; 2. Any recommended changes based on the review of the Engineering Department; 3. Required changes addressed by the City's consulting Traffic Engineer Shelly Johnson a. Need left and right turn lanes along Akin Road at the future public road; b. Need a minimum of 1 50-feet for the right turn lane onto Akin Road; c. Proposed 24-foot street width is too narrow for a future public street; d. Suggests painted crosswalks from parking lot to church entry, depressed curbs for handicap accessibility; e. One way drop off design or signage indicating one way. Michael Schultz Associate Planner cc: Farmington Lutheran Church 5" . 'S\.I~@~OW~.~I.n ;\ : 1 --1111 J ji' i;, 11 I: i. ' !' I ..' ,'.". 'J1i: I::" : II v: ~ \.",. J CITY OF FARMINGTON CONDITIONAL USE PERi'\1IT APPLICATION Farmington. MN' 55024 651-463-7111 FAX 651463-1611 For office use Permit Number Applicant Name (please printL .f~um;"jf-11 ~tA-H1l2.(a(1 C~lAf'c.h Applicant Address 50\ V0C\.\(\v..+- \.C)tree. J 'h::l M"l1jh>1l tV Street City , State Phone _( {ps I t.lrLP"3 ... 4too Fax, (en I )-.Alo~- 4/0/' Legal Description of Subject Property: (lot. block., plat name, section, township, range) \. 5d e.. AtO\.cl1 e c-t ,')50'l4- Zip Code Current Land Use ~'j r', r IJ \ +\A.r~ \ Current Zoning District ----E:d .specific Nature of Request: ChlAr-rh E:>U'I \d i (1) I f\ on gj? (')(}p .;. Property Owner's Signature Date L Proof of Ownership L BoundarylLot Survey LS:.- Application fee X 6 Copies of Site Plan X AbstractlResident List *(required 350' from subject pro tty) _,Torrens (Owner's Dublicate Certifi _ Requir (1) ./ Applicant's Sig':re ~ /1-/[,. /~ ate . S:-~6' -eL- L] i-J;+-/"S 5i:IT(f Dr::::,'GU'/?11Jf;t.;j{b.mtY71t ;rEG Following Attached: (please check) For office use only Request Submitted to Planning staff on .s- - , -0 ~ Public Hearing Set for: ~ -{ ( -0"'" Advertised in Local Newspaper: $- - 3 a - a;L . Planning Commission Action: _ Approved _ Denied City Council Action (if necessary): _Approved _ Denied Comments: Conditions Set: . Planning Coordinator: Date: ~ ~ .'.".. ( ",~ - .;.... - 5/3/02 Ms. Lee Smick, AICP S TAT ION Planning Coordinator N I NET E E N City of Farmington 325 Oak Street Farmington, MN 55024 Re: Conditional Use and Variance Applications for Farmington Lutheran Church Dear Ms. Smick, Please find a fee check and applications for Conditional Use Permit, Building Height Variance and Lighting Variance attached. The following information is intended to assist you in describing the Fannington Lutheran Church project. Project Scope and Phasinl: The project will be phased to meet the church's financial capability. . The Phase I building will include an 21,014 square foot church building housing a Great Halll Worship room with adjoining commercial Kitchen, an Education and Administration Wing, and a large Multi-Purpose Lobby gathering space with adjoining Meeting Rooms. As an alternate the church will be adding a 6,496 square foot Classroom Suite. The combined project will total 27,510 square feet. .:, The Phase I site will include parking for 249 cars with an option to add 15 additional stalls in the northwest corner to total 264 parking stalls. A new public street will be built across the southern lot line. The parking lot will be accessed off the new south street with an option to add an additional north entrance drive off Akin Road. Projected future expansion is planned to include the following: Phase IT - An 8,000 square foot Family Activities Center to the north Phase ill - A 900 seat Worship wing to the south - Additional parking lots and drop-off area to the north for 223 cars. STATION NINETEEN ARCHITECTS. INC. Buildin&: and Site Use The projected Phase I building usage will be as follows: 1. 2-3 Church Services on Sunday Mornings with seating for 450 per service 2. Various dinners, luncheons, receptions and parties serving up to 300 people per event throughout the year (1-2 events per week) Weddings and Funerals for up to 450 people per service Educational Usage Sunday Mornings 9:15 to 10:15 for 120-180 students and 37-56 teachers Wednesday Nights 6:00-7:45 for 180-270 students and 33-50 teachers and mentors Youth Events - approximately 20 per year with 10-200 students per event Weekly Administration Use for 8-12 people 3. 4. .01 UNIVERSITY AVENUE SOUTHEA5. MINNEAPOLIS, MINNESOTA 55414 612 623.1800 FAX 623.0012 ARCHITECTS. PLANNERS. INTERIORS 7 . . . 6. Meeting Room use for various groups ranging from 10-40 people throughout the week Projected site usage will include the following: 1. Parking for 249 cars in Phase I with an ultimate site parking count of 487 stalls 2. Various Youth sports such as Basketball in the Northwest parking lot Softball in the future Southeast parking lot V olley ball, Horseshoes and Controlled Bonfires 3. Outdoor Worship Services in the summer for approximately 450 people 4. Patio usage before and after worship and for special events. Traffic A 2-way "main" drive will run through the site from north to south. The "main" drive will be accessed from the new street at the south and off Akin Road on the north as finances permit. Parking lots and drop-off areas will be located off the "main" drive. One-way traffic will travel through the drop-off areas. The parking lots will have 2-way access dri~es off the "main" drive and 2-way parking lanes to access 90 degree stalls. Buildin2lCross Height We are requesting a variance to exceed the 45-foot building height ordinance. The building will extend 47' -8 1I2"above the ground at the Multi-Purpose Lobby and Great Hall roof. A steel cross will be placed on top of the roof extending to a height not to exceed 60' -0" above the ground. Weare also requesting a variance to add lights on the roof to be aimed up at the cross on all 4 sides. .:,. Signage Three signs will be installed to identify the church. We are requesting a variance to light these signs. The largest sign will be a two-sided aluminum sign on a masonry base located at the comer of Akin Road and the new south street. A smaller sign indicating the church name and hours will be located at the entrance drive island off the new south street. This sign will be aluminum with an area for changeable messages. The third sign will indicate the church name. It will be a lit aluminum sign located at the north entrance drive. The signs will not exceed the maximum exposure area of 75 square feet per side. Please find our preliminary sign design elevations attached. The exact configuration, lighting, materials and design will be submitted at a later date. I hope this information has adequately described the Fannington Lutheran Church project. Please feel free to call with any concerns, questions or comments. Sincerely, ~'7. ~ Ann Kuntz, Project Manager rt ~~ ----- I Z Z 1. 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I I I I " ~i ; ~~-..;:,/' \~,i?;' ,'} H t_~) f~ () :::-, l': f': t.t C.1 .0- -..!~~~> V>~"'~ ;r\ " ~ ~ ~ ~ I i ~ ~h n. xU , ~ !l J h ~h U Hi Q II! J , ~! ~l'!'ii;~~' ~ P ~di i m'.j.L ~ n 'oldSg ~H~!~!idUHHnnB uH iUHHUi nUi i i i II BiBB "1\' ;;; II i! i : ~ j ;;.y ; 111111 ~ ~ I ~ ! @) '~; ~~ ii; ~ :bl .il m ~~ :~ ::1:':'"','-:"- . ~ . . . TO: FROM: SUBJECT: DATE: INTRODUCTION Planning Division Review Applicant: Attachments: Property Location: Legal Description: Lot Size: Existing Zoning: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 30' City Planning Commission Michael Schultz Associate Planner Variance Application - Exceed Maximum Height by 12' - 8W' in the R-l Zoning District Applicant: Farmington Lutheran Church, 501 Walnut Street June 11,2002 Farmington Lutheran Church 501 Walnut Street Farmington, MN 55024 1. Variance Application 2. Location Map 3. Legal Description 4. Elevation Drawings East of Akin Road, north of the Riverside Neighborhood (see attached) 16.44 acres (+ 1.23 acres ROW) R-l (Low Density Residential) 2020 Comprehensive Plan: Existing Land Use: Surrounding Land Uses: Low Density Agricultural Single-family residential is located to the south and west, Bongaard Trucking is located to the north and agriculture is located to the east. . . . DISCUSSION The applicant, Farmington Lutheran Church, is seeking variance approval of 12' - 8Y2" to the tallest peak of the proposed church, the clerestory tower. The principal portion of the church also exceeds the maximum height of 35-feet in the R-l Zoning District by 1'- 4". The proposed clerestory tower is measured 47' - 8Y2" to the top of the peak, which exceeds the maximum height of 35-feet by 12' - 8Y2". The clerestory tower will be an uninhabited portion of the church and is designed primarily to allow natural light within the church's lobby area. If the principal portion of the church is to be included within the variance request the Commission should consider including language within its motion allowing the variance to include both the clerestory tower and the principal structure to exceed the maximum height, indicating the specific height variance for each. If the Commission feels that a variance for either the clerestory tower or the principal structure does not meet any of the hardship requirements given below, the Commission should note its findings and direct staff to draft a Findings of Fact specifying why the variance request is being denied. The church itself will be sprinkled throughout the building, including the clerestory tower. The applicant originally contacted staff early in 200t when the maximum structure height was 45-feet. The initial plan was submitted in January 2002 and was later withdrawn. The most recent application and plans were submitted on May 6, 2002; the new Zoning Code that was adopted on February 19, 2002 allows a maximum height of35-feet within the Root district. The City Fire Marshal has reviewed the proposed plan and has indicated that the additional height of the church, to either the clerestory tower or the principal structure, would not produce any life or safety issues for the applicant or the City's Fire Department. The Board of Adjustment may vary the regulations of this Title if any of 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 reason able use for the property exists under the terms of this Title. The requested height variance is not relational to the shape, configuration, topography or other conditions involved with the parcel itself 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 actual use of the property is unique not to the property itself but unique to the residential zoning district in which it is located. Churches are one of the few uses within the Roo] (Low Density) zoning district that would require heights exceeding 35-feet. 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 recently adopted (February 19, 2002) Zoning Code reduced the maximum height of structures in the R-1 (Low Density) zoning district from 45-feet to 35-feet, mainly to control the 2. . . . height of residential structures. No provisions were included in the Zoning Code to allow for church steeples or other uninhabited structures to exceed this height. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The proposed height of the church would not alter the essential character of the neighborhood nor would it negatively affect property within 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 City Fire Marshal has reviewed the proposed plan and feels that the variance, if granted, would not substantially increase the danger of fire or be detrimental to the public welfare or public safety. ACTION REOUESTED Determine whether the applicant meets anyone of the requirements given above to approve an overall height variance to include the clerestory tower and/or the principal structure. If the Commission decides against either one or both of the variances, direct staff to draft Findings of Fact for the denial. Respectfully submitted, Michael Schultz Associate Planner cc: Farmington Lutheran Church . !..r~.,.@ @ ~ ow ~ ~ i' ' III II :' I : " '" III i I - _, I,; J 4 \.' ", /1 I OJ} I" \ \ '. f ! ~ Li l;J CITY OF FARMINGTON VARIANCE APPLICATION Farmington, MN 55024 651-463-7111 FAX 651-463-1611 Applicant Name _"Fo.Y"mi (\~-\-bl'\ Lu.+-~e.r~~ ChlM"c(r, Applicant Address !Sol WGl I Y\l.l +- Street. 'h::lI'Mil1jto,l1 M~ Street City J State' Phone Number (PSI ~ 4lP~"4\OO Legal Description of Subject Property: (lot, block, plat name, section, township, range) 512. e. A.H a..c.he.o.. For office use Permit Number 55024- Zip Code Current Land Use A~(; c u HUrA I Current Zoning District ~ \ . Specific Nature of Request I Claimed Hardship:~d i ('\~ ~e.'l ~kt Va., ia.J1C.e. . Following Attached: (please check) 'K Proof of Ownership )< BoundaI")'/Lot Survey $. Application fee ($150) 15... Copies of Site Plan ~ Abstract/Resident List (adjoining propert). owners only) _ !o~?:~s (Owner's DUblica.te Certificate of Title Required) ,', It /(j~ v C H /tIlL. %r-rfi' j)~ 1/6cc,o'J?';;;IJ( aO/J1 ,1I1--rTC G s.~b ~C..2..-- Property Owner's Signa re .:_~..<ifJ.~~? For office use only., "'.' . Request Submitted to the Planning Commission on 5" -, -0 '2- Public Hearing Set for: G,. - l ( -0"2- Advertised in Local Newspaper:S"' - .30 - D 2-.. . Planning Commission Action: Comments: _ Approved _ Denied Conditions Set: Planning Coordinator: Date: 'I . Q) ......, .- en ~ () So.. ::J ..c: t) c co So.. Q) ~ c o ......, C> C .- E So.. CO LL . ~ I- en ~ ex> o C\I 'E CD ~ III 0- CD o >- CD ~ => (J) oCl "0 c: III ..J .?:- c: => >-8 ~Ill =>0 ~~ CDQj Ill~ -=> o > . .' ',_"1 . .~, .., f . . I. I EXmBIT A LEGAL DESCRIPTION .' That part of the Northeast 1/4.of~e Southeast 1/4 of Section 25, Tov.uship 114, Range 20, Dakota County, Minnesota which lies Northeasterly and Northerly of the fonowing descn"bed line: Commencing at the Northeast comer of said Northeast 1/4 of the Southeast 1/4; thence South 89 degrees 33 minutes 09 seconds West an assumed bearing along the North line of said Northeast 1/4 of the Southeast 1/4 a distance of 1034.70 feet to the point ofbeg~g of said line to be descnDcd; thence Sooth 35 degrees 24 minutes "51 seconds East a distance of 890.65 feet; thence South 25 degrees 57 minutes S1 seconds ~ a distance of 199.72 feet; thence North 64 degrees 07 minutes 09 seconds East a distance of 53.49 feet, thence Northeasterly and Easterly a d~ of 92.09 feet along a tzmgentia.l curve_concave to the South having a r:adius of200.00 feet and a central angle of 26 degrees 22 minutes 56 "secoDds; thence South 89 degrees 29 minutes SS seconds East tangent to last described curve a distance of 295.16 teet to the point of intersection of the East li.oe of said Northeast 1/4 of the Southc3.st 1/4 and a line dra'\1t'n parallel with and distant 870.00 feet South of the North line of the Northwest 1/4 of the Southwest 114 of Section 30, TOWDShip 114, lUnge 19, in said Dakota County and said line there terminating, - AND ALSO .;.. The North 870.00 feet oftbe West 150.00 feet of the Northwest 1/4 of the Southwest 1/4 of Section 30, Township 114, Range 19, Dakota County, Minnesota, according to the United States GoVerninent Survey thereof and situate-In Dakota County, :Minnesota. (p. z Z ~ I~ ',' ow;; ~~ .:0 ~~ H~~i _ W iQl8;2~ ~~ q ~ '!; .. I- ~ L '-. o. <. !.I.!. ~ . ~Sl~ ~o E~ ~~ ~[,l! ~ <C w .. :"/J~ z~ 'Z;;; i~ll z ~ I- :: pr ~qg Hill' ~ (I)Z. ,t I ~~ I'" ",. l'l~ i' I > i . 1< r I' II: I. . q. 1 II h ,'E ~ ~ ~ I I L;~,J46' ;1.1r- ~z 1_ Cl<(I ,in~ 11....__ I' r , II ) / b )~, ~~"'. 0B --~ L~ I If I ! I I I I i I L__t- : ~ T"'" g:~ <0 ~~ :~~ <( om 'I: " II II 'r I,! Ij~, mIl \~ ~=f- lii~\ iiI; I .. i!, \,ii;: i _+J \1 1\- ;, ~- I ~ . 151 ~, ~J~I,.. ~~ ( .. , / ~ ~ Wb ~~ ? . . . 3h 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 (t/f V FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Ordinance Amending Section 10-6-18: Shoreland Ordinance, Section 10-6-18: Manufactured Homes, Section 10-6-19: Industrial Park Design Standards, Section 10-6-20: Spruce Street Commercial Design Standards, Section 10-6-21 Business Park Design Standards, and Section 10-6-22: Site Plan Review DATE: June 11, 2002 INTRODUCTION The City of Farmington proposes to amend Section 10-6-18 of the Farmington City Code: Shoreland Ordinance and amend the numbering of Section 10-6-18: Manufactured Homes, Section 10-6-19: Industrial Park Design Standards, Section 10-6-20: Spruce Street Commercial Design Standards, Section 10-6-21 Business Park Design Standards, and Section 10-6-22: Site Plan Review. DISCUSSION The Legislature of Minnesota and the Minnesota Department of Natural Resources has required that the City prepare and adopt a Shoreland Ordinance. The Shoreland Ordinance is a responsibility of the local government. The ordinance regulates the use and development of the shorelands on public waters and thus preserves and enhances the quality of surface waters, conserves the economic and natural environmental values of shore lands, and provides for the wise use of waters and related resources. Shore1ands are categorized as agricultural or tributary. The Vermillion River is designated as agricultural and the remaining rivers/streams (North Creek, Middle Creek, South Creek) in the City are designated as tributaries. For the protection of these rivers/streams, lot widths are standardized depending on use and the designation of the river/stream. The following are lot width standards: Agricultural Tributary Single 150 75 Duplex 225 115 Triplex 300 150 Quad 375 190 There is no minimum lot size requirement for rivers and streams. Setbacks are required along rivers and streams depending on sewered or unsewered property adjacent to the waters. The following are setback requirements from designated rivers/streams: . Water Structures Sewage Treatment Classification Unsewered Sewered Systems Agricultural River 100 100 100 Tributary 100 50 75 For the Vermillion River, there is currently a 100-foot setback from the center of the river for wetland protection. Therefore, the 100-foot setback was carried over to the Shoreland Ordinance requirements. Buffer areas are also required along the river or stream and are proposed to correspond with current wetland buffer requirements. Sherri Buss, Bonestoo Rosene Anderlik & Associates, will present additional information to the Planning Commission at the meeting. A numbering change is required for Section 10-6-18: Manufactured Homes, Section 10-6-19: Industrial Park Design Standards, Section 10-6-20: Spruce Street Commercial Design Standards, Section 10-6-21 Business Park Design Standards, and Section 10-6-22: Site Plan Review. Each number will advance by one. REQUESTED ACTION . City staff recommends approval of the ordinance amendment by adding Section 10-6-18: Shoreland Ordinance and renumbering Section 10-6-18: Manufactured Homes, Section 10-6-19: Industrial Park Design Standards, Section 10-6-20: Spruce Street Commercial Design Standards, Section 10-6-21 Business Park Design Standards, and Section 10-6-22: Site Plan Review and forward the recommendation to the City Council. Respectfully Submitted, Is/ ?L?6 5 M f C!C- Lee Smick, AICP Planning Coordinator . . . . 10-6-18: Shoreland Standards SHORELAND VALVES: The uncontrolled use of shorelands affects the public health, safety and general welfare by contributing to the pollution of public waters, negative impacts on fish and wildlife habitat, and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shore lands, and provide for the wise use of waters and related resources. The City of Farmington hereby recognizes this responsibility. This shore land ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (A) SHORELAND CLASSIFICA nON 1. The public waters ofthe City of Farmington have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Dakota County, Minnesota. Agricultural Rivers Vermillion River Tributary Rivers/Streams North Creek Middle Creek South Creek 2. The shoreland area for these waterbodies shall be shown on the Official Zoning Map. (B) GENERAL PROVISIONS: 1. The provisions of this ordinance shall apply to the shorelands of the public water bodies as identified in Section (A) of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500-6120.3900, no flowage less than 10 acres in size in municipalities need be regulated in a local government's shoreland regulations. . 2. This Chapter shall apply to any applicant for a subdivision approval, or a grading, excavation, or mining permit in shore land areas after (date of ordinance approval). This chapter applies to all land, public or private, located within the City. 3. When any provision of any ordinance conflicts with this Chapter, that which provides more protection to the wetland or wetland buffer shall apply, unless specifically provided otherwise in this Chapter; provided, such exceptions shall not conflict with state regulations. 4. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. 5. Variances may only be granted in accordance with Minnesota Statutues Chapter 462, as applicable. A variance may not circumvent the general purposes and intent ofthis ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. . 6. The Planning Commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 10-6-18 (B8) shall also include the summary of the public record/testimony and the findings of fact and conclusions which support the issuance of the variance. 7. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner ofthe Department of Natural Resources or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 8. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked within ten days of final action. . 2 . (C) GENERAL STANDARDS a. The land use districts identified in Chapter 5, and the allowable land use therein for the given classifications of water bodies, shall be properly delineated on the Official Zoning Map for the shorelands of Farmington. These land use districts are in conformance with the criteria in Minnesota Regulations, Part 6120.3200, Subp.3. P=permitted use C=conditional use Agricultural Tributary 1. Residential District Single residential P P Semipublic C P(C) Parkslhistoric sites C(P) P Extractive use C(N) C(N) Duplex, triplex, quad res. C(P) C(P) Forest management P P 2. High Density Residential Residential PUD C(P) C(P) Single residential P P Semipublic C C . Parkslhistoric sites C(P) C(P) Duplex, triplex, quad res. P P Forest management P P 3. General Use District Commercial C C Commercial PUD* C C Industrial N C Public/semi-public C C Extractive use C C Parkslhistoric sites C(P) C(P) Forest management P P *Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of the City's PUD ordinance are satisfied. . b. The land use districts adopted in City Ordinance Number _' Section _' as they apply to shoreland areas, and their delineated boundaries on the Official Zoning Map, are not consistent with the land use district designation criteria specified above. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the Official Zoning 3 . Map, or to modify the boundary of an existing land use district shown on the Official Zoning Map. c. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction ofthis ordinance must be revised to make them substantially compatible within the framework of this ordinance. If the same river classification is contiguous for more than a five-mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised. d. When an interpretation question arises about whether a specific land use fits within a given ''use'' category, the interpretation shall be made by the Planning Commission. When a question arises as to whether a land use district's boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the City Council. . e. When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The City Council will direct the City Planner/Community Development Director to provide such additional information for this waterbody as is necessary to satisfy the requirements above. f. The City Council must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent land use district designations on said waterbody, are consistent with the enumerated criteria and use provisions of this ordinance. (D) LOT AREA AND WIDTH STANDARDS AND SETBACKS a. The lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the date of enactment of this ordinance for the river and stream classifications are the following: Agricultural Tributary Single Duplex Triplex Quad 150 225 300 375 75 115 150 190 . 4 . . . Waters Classification b. There is no minimum lot size requirement for rivers and streams. c. Residential subdivisions with dwelling unit densities exceeding those in the table above can only be allowed if designed and approved as residential planned unit developments. Lot width standards must be met at both the ordinary high water level and at the building line. These standards assume that publicly owned sewer system service is available to the property. d. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shoreline buffer area. Structure setbacks (in feet) from the Ordinary High Water Level are as follows: Structures Unsewered Sewage Treatment Systems Sewered 100 100 100 75 Agricultural River Tributary River/Stream 100 50 (E) DESIGN CRITERIA FOR STRUCTURES a. Structures must be placed in accordance with any floodplain regulations applicable to the site. b. Each lot may have one water-oriented accessory structure not meeting the normal structure setback requirements of this ordinance if this water-oriented accessory structure complies with the following provIsIOns: i. The structure or facility must not exceed 10 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. 11. The setback of the structure or facility from the ordinary high water level must be at least 10 feet. 111. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. IV. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area. 5 . v. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (F) SHORELAND BUFFER AREAS a. For lots of record created after (date of ordinance adoption), a buffer area shall be maintained abutting all rivers and streams. Buffer vegetation shall be established and maintained in accordance with the requirements that follow. 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 10 consecutive years. Vegetation shall be considered unacceptable if: i. It is composed of noxious weeds; 11. Topography or sparse vegetation tends to channelize the flow of surface water; 111. 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 the past 10 years of the permit application, such areas shall be re-planted and maintained according to each of the following standards: 1. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of annual nurse or cover crop such as oats or rye. 11. The seed mix to be used shall consist of at least 15 pounds pure live seed (PLS) per acre of native grass seed and 1 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. 111. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre. IV. Native shrubs may be substituted for forbs. Such shrubs may be bare root stock and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. v. Buffer plantings along the Vermillion River corridor or other areas 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.) VI. Native grasses and forbs shall be planted by a qualified contractor by using a drill designed for native grass seeding or . 6 . . Stream type . Trout stream by broadcasting or hydroseeding at Minnesota Department of Transportation rates (MNDOT Standard Specifications for Construction). Vll. 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. Vlll. Buffer areas (both natural and seeded) 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 wetlands IX. A walking trail my be established within a shoreland buffer area. The trail should be constructed to minimize erosion. An undisturbed area of vegetative buffer at least 10 feet in width should remain between the trail and the wetland edge. x. 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 (300) feet of wetland edge. e. The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees which are dead, diseased, noxious weeds, or hazards. f. 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 may birds and native wildlife. g. All buffer areas are measured from the ordinary high water level as marked in the field. h. The following buffer sizes are minimum requirements. Classification of shore land areas and buffer sizes are consistent with the City's Wetland Buffer Standards (Ordinance 10-6-17): Average Buffer Width Minimum Buffer Structure Setback from Outer Edge of Buffer 10 100 100 7 . Manage 1 Manage 2 Greenway Corridors 50 25 10 10 30 20 25 10 20 1. The City may recommend buffer averaging for buffers in areas designated Manage 1, Manage 2 or Greenway Corridors in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on-site contained in the buffer area remains the same. J. Public trails that are routed through stream buffers for specific interpretive purposes shall be exempted from this requirement. k. If the area of the buffer has a pre-construction slope of 12 percent or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography. (G) STREAM BUFFER AREA MITIGATION . . 1. Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or approved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation. a. Buffers will be required to be replaced at a 1: 1 ratio. The buffer requirement associated with the stream classification will be required for the replacement buffer, unless replacement is occurring adjacent to a stream with a higher classification. In this case, the buffer area requirement for the higher stream classification will apply. b. Mitigation should always result in equal or improved buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat. c. Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity. d. Mitigation in buffer areas along trout streams shall require landscaping that protects trout habitat, such as trees, strubs, and tall grasses that shade the stream. e. Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside these subwatershed, elsewhere in the City. 8 . f. Stream buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in Section (E). (H) NON CONFORMITIES 1. All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. 2. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of this ordinance may be allowed as building sites without variance from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. . 3. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lost, and shall deny the variance if adequate facilities cannot be provided. 4. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this ordinance, the lot must not be considered as a separate parcel of and for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this ordinance as much as possible. 5. All additions or expansions to the outside dimensions ofan existing nonconforming structure must meet the setback, height and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. 6. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: a. The structure existed on the date the structure setbacks were established . 9 . . . b. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure c. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive d. The deck is constructed primarily of wood, and is not roofed or screened. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this City of Farmington. , 2002 by the City Council of the of 10