HomeMy WebLinkAbout06.13.00 Planning Packet
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AGENDA
PLANNING COMMISSION
Regular
June 13,2000 at 7:00 P.M.
Council Chambers
325 Oak Street
1.
CALL TO ORDER
2. APPROVAL OF MINUTES
a) April 25,2000
b) May 9, 2000
3. PUBUC BEARINGS
7:00 PM
a)
Cantinued Public Hearing: Canditianal Use Permit - Canstruct Single-family HomeinR~3
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Zaning District Applicant: Rick Wright
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b)
Variance Application - Encroach 4' inta Side yard Setback with Attached Garage
Applicant: Kurt Orndarff
c)
Variance Applicatian - Encroach 6' into Side yard Setback and Exceed 30% Maximum. Lot
Caverage in R-2 District far Construction ofLean-ta
Applicant: Dustin Weierke
Variance Application - Exceed 25% Maximum Lot Coverage in R,-l(pUD) DistriCt}Vith
Construction .of Deck
APplicant: Ryan Elsen
3. DISCUSSION
a) Tamarack Ridge Final Plat
Applicant: James Development Campany
b) 'BristolSquare 2nd Addition Final Plat
Applicant: Jim Allen Homes
c) Charleswood 3rd Additian Final Plat
Applicant: Genstar Land Campany
d) Variance fram Minimum Setback Requirements in R-2 Zoning District
Applicant:. Tim & Kelly Dougherty - 517 Spruce Street
e) David King - Status .of Canditional Use Permit far Duplex Unit in R-2 Zoning District
5.. ADJOURN
Planning Chair: Dirk Rotty
Planning Commissioners:
City Staff:
Todd Larson, Chaz Johnson, Ben Barker, Dan Privette
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate Planner
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
City Planning Commission
Michael Schultz ~
Associate Planner
Conditional Use Permit - Locate a Single-family house within an R-3 (High-
Density) Zoning District - Applicant: Rick Wright
June 13, 2000
The applicant, Rick Wright, is seeking a Conditional Use Permit to construct a single-family home within
an R-3 (High-Density) zoning district.
Planning Division Review
Applicant:
Attachments:
Location of Property:
Lot Area:
Legal Description:
Surrounding Land Uses:
Existing Zoning:
Comprehensive Plan:
Existing Conditions:
Rick Wright
4041 Brougham Blvd
Prior Lake, MN 55372
1. Application
2. Location Map
3. Applicant's Plot Plan
4. Elevation Diagrams
5. Title 10-2-3: Zoning Districts, Purpose
6. Title 10-3-2 (E): R-3 High Density permitted uses
7. Title 10-4-2: Table 1
8. Title 10-8-5 (C): Conditional Use Permits
304 Main Street
10,200 square feet
Lot 5, Block 26 Town of Farmington
Single-family to north, east & west; commercial to the south.
(The property to the west is a single-family home with an
accessory apartment)
R-3 (High Density)
Business
The lot currently sits vacant with the exception of a detached
garage that stood with the house.
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DISCUSSION
The applicant, Rick Wright, has submitted application to construct a single-family house within the R-3
(High Density) zoning district. The applicant has made appropriate revisions to his original proposal of a
3-unit town house complex that was reviewed by the Planning Commission at the May 9, 2000 meeting.
At the meeting the Commission heard opposition from neighbors for the proposed 3-unit town house on
the site that previously contained a single-family residence and that it would not blend well with
surrounding single-family homes. The Commission suggested to Mr. Wright to make the necessary
changes that would be acceptable to the area neighbors.
Mr. Wright has submitted plans for a split-level single-family home to be located on the lot. The
applicant plans to retain the detached 2-stall car garage in the rear of the property accessed off of the
alley. The proposed home foundation is 960 square feet; the finished square feet would include the upper
level and future completions of a family room and two future bedrooms. The permitted maximum
coverage permitted within the R-3 (High Density) zoning district is 20%.
The plans also proposes a 50-foot setback for the home, minimum front yard setback is 20-feet in the R-2
zoning district and most of the homes in the area are setback between 18 and 22 feet. Title 10-4-1 (G) of
the Code requires that "minimum front yard setback shall conform with existing adjacent structures...".
Side yard setbacks meet the minimum 10-feet for single-family homes within the R-3 zoning district.
The average property value according to Dakota County tax records for the homes located along the north
and south side of Main Street is $84,950.
Staff has reviewed the possibility of a higher density use that would meet the desires of the zoning of the
property and of that portion of the block; but because of the limited size of the property (10,200 sq. ft.)
and is essentially locked between two single-family uses, that the reuse of the property to single-family
would be appropriate. Any desires for multi-family use of the property would require the additional
acquisitions of lots to make it economically viable.
Staff has also determined that the use meets the conditional use requirements as outlined in Title 10-8-5
(C) of the City Code.
ACTION REQUESTED
Staff recommends approval of the Conditional Use Permit for a single-family house structure to be
located on lot 5, block 26, Town of Farmington, contingent on the following:
I) The applicant submitted a certified survey of the property with the building permit application;
2) The applicant have the house conform to the average front yard setbacks of the neighborhood.
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10-2-2
10-2-3
R-2
R-3
R-4
B-1
B-2
B-3
B-4
1-1
C-1
F-1
F-2
F-3
Medium Density Residential
High Density Residential
Mixed Code Residential
Limited Business
General Business
Heavy Business
Neighborhood Business
Light Industrial
Conservation
Floodway
Flood Fringe
General Flood Plain
(-")
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(Ord. 086-177, 3-17-1986; amd. Ord. 099-423, 3-1-1999)
10-2-3:
ZONING DISTRICTS, PURPOSE:
A-1 Agricultural District is intended to protect existing agricultural
investments until such time as public utilities may be extended and
there is need for additional urban development land.
A-2 Agricultural Preserve District is proposed to identify lands intended
for long-term agricultural use with a residential density not to exceed
one unit per quarter/quarter section.
R-1
~ R-3
R-2
R-4
599
{.-~)
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Low Density Residential District is established to provide extensive
areas within the community for low density development with full
public utilities in a sequence which will prevent the occurrence of
premature scattered urban development.
Medium Density Residential District is intended as an area which
incorporates older existing development as well as undeveloped land
that would be suitable for small lot single-family constructions as well
..
as duplexes, townhouses and quad homes.
High Density Residential District is designated to provide areas of
the City which will allow multiple dwellings in areas close to business
and services, public facilities and good transportation. The location
of these areas generally follows the recommendations made in the
Comprehensive Plan.
Mixed Code Residential District is established to provide areas of the
City where manufactured housing may be located on either
subdivided or unsubdivided developments in attractive
()
City of Farmington
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~ (E)
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10-3-2
Permitted Uses
10-3-2
Conditional Uses
20. Churches
21. Congregate care facilities
22. Towers
(Ord. 086-177, 3-17-1986; amd. Ord. 088-198. 2-1-1988: Ord.
091-246,5-20-1991; Ord. 093-298,2-16-1993; Ord. 094-335,
8-1-1994; Ord. 096-378, 8-19-1996; Ord. 096-383.11-18-1996)
R-3 High Density District
1. Single-family dwellings
2. Two-family dwellings
3. Day care facility serving
more than 16 persons
4. Planned unit developments
5. Public utility buildings
6. Public buildings
7. Solar energy systems
8. Hospitals and clinics
9. Nursing homes
10. Clubs
11. Accessory apartments
12. Public and parochial
schools
13. Churches
14. Funeral homes
15. Congregate care facilities
(Ord. 086-177, 3-17-1986; amd. Ord. 091-246, 5-20-1991; Ord.
093-298,2-16-1993; Ord. 094-335,8-1-1994)
1. Multiple-family dwellings
2. Townhouses - quad homes
3. Public parks and playgrounds
4. Accessory storage buildings
5. Residential care facilities
serving 7 through 16 persons
6. Day care facility serving
13 through 16 persons
(F) R-4 Mixed Code District
1. Single-family dwellings (UBC)
2. Public parks and playgrounds
3. Accessory storage buildings
4. Residential care facility
serving 6 or fewer persons
5. Day care facility serving
14 or fewer persons
597
City of Farmington
i
1. Two-family dwellings
2. Multiple-family dwellings
3. Planned unit developments
4. Townhouses - quad homes
5. Solar energy systems
6. Accessory apartments
7. Public utility buildings
8. Public buildings
9. Day care facility serving
more than 16 persons
10. Public and parochial
schools
11. Churches
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10-4-1
10-4-1
Minimum Side or Rear
Yard Abutting any Lot
In Anv R District
Use
1 0 feet
Off-street parking spaces and access
drives for nonresidential uses
35 feet
Churches, schools and public or semi-
public structures
50 feet
Recreation facilities, entertainment
facilities, all business uses and all
industrial uses
(Ord. 088-200, 5-16-88)
(E) In new residential subdivisions, all structures may be arranged to
include one zero lot line; provided, that no windows or doors open on
this side of the structure. In such lot arrangements, the total side
yard requirement may be placed on one side of the principal
structure. Maintenance easements must be provided as part of the
subdivided plat to afford access to the sides and roof of structures
so placed.
(F)
~ (G)
1295
Rear and side yard lot lines abutting a railroad right of way are
exempt from rear and side yard setbacks in all districts. (Ord.
086-177,3-17-86)
In older residential neighborhoods, where structures on adjacent lots
or parcels have front yard setbacks different from those required, the
minimum front yard setback shall conform with existing adjacent
structures and an addition to an existing building may be extended
utilizing whatever setback has been established. However, the Board
of Adjustment may permit front yard setbacks to b reduced up to
five feet (5') as long as the setbacks are never less ::1an twenty feet
(20') from the right-at-way line. Such variances may be granted for
either the principal structure or the garage but not both.
In new residential subdivisions the owner may either elect to adopt
front yard setbacks deeper than the stated minimums or to develop a
variable setback plan which has been approved by the planner and
tiled with the Building Inspector; provided, that lots which are
adjacent to previously developed subdivisions shall utilize the
setback of existing structures. (Ord. 089-217, 7-6-89)
City of Farmington
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10-8-5
, 0-8-5
2. The approved site plan and all attached conditions shall be filed
by the petitioner with the Zoning Officer within thirty (30) days of final
approval. Any development contrary to the approved plan shall
constitute a violation of this Title.
A conditional use shall be approved if it is found to meet the
following criteria:
1. The proposed use conforms to the district permitted and
conditional use provisions and all general regulations of this Title.
2. The proposed use shall not involve any element or cause any
conditions that may be dangerous. injurious or noxious to any other
property or persons and shall comply with the performance
standards listed below.
3. The proposed use shall be sited, oriented and landscaped to
produce harmonious relationship of buildings and grounds to
adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and
environment which is consistent with the environment of the
neighborhood.
5. The proposed use shall organize vehicular access and parking to
minimize traffic congestion in the neighborhood.
6. The proposed use shall preserve the objectives of this Title and
shall be consistent with the Comprehensive Plan.
7. Additional requirements with respect to conditional uses in the
Conservation District include the following:
(a) Filling a wetland shall not exceed the flood storage capacity
requirements for the wetland.
(b) The proposed development shall not result in unusual
maintenance cost for road and parking areas or the breaking and
leaking of utility lines.
(c) Development shall be permitted in such a manner that the
maximum number of trees shall be preserved. The remaining trees
shall contain at least fifty percent (50%) of the canopy coverage.
294
City of Farmin.gton
SAUBER PLUMBING &HEA TING
100 3RD ST
FARMINGTON MN 55024-1006
.
APRIL LANE
108 4TH ST
FARMINGTON MN 55024-1010
MERLE MCCLINTOCK
3704 CARTWRIGHT CT
BONITA SPRINGS FL 34134-7570
LYNN MARIE HOLZ
120 4TH ST
FARMINGTON MN 55024-1010
WAYNE D VILLA
401 MAIN ST
FARMINGTON MN 55024-1132
eTERNAL ORDER OF EAGLES
AERIES 4031
FARMINGTON EAGLES CLUB
FARMINGTON MN 55024-1032
DUANE A KALLEVIG
308 MAIN ST
FARMINGTON MN 55024-1021
DEAN E KOHRT
320 MAIN ST
FARMINGTON MN 55024-1021
DAVID J FINNEGAN
212 ELM ST
FARMINGTON MN 55024-1018
.D J & KAREN L FINNEGAN
LMST
FARMINGTON MN 55024-1018
DOUGLAS R & NANCY 0
PEDERSEN
101 3RD ST
FARMINGTON MN 55024-1005
APRIL LANE
108 4TH ST
FARMINGTON MN 55024-1010
CHRISTINA H GUTTORMSON
313 MAIN ST
FARMINGTON MN 55024
CRAIG J GOTT
301 MAIN ST
FARMINGTON MN 55024-1020
FRATERNAL ORDER OF EAGLES
AERIES 4031
313 3RD ST
FARMINGTON MN 55024-1352
DA VID & MELISSA BLASIER
300 MAIN ST
FARMINGTON MN 55024-1021
FA YLENE A BRUNS
312 MAIN ST
FARMINGTON MN 55024-1021
STATE OF MN - F TAX
% AUDITORS OFFICE
HASTINGS MN 55033-2343
CONVENIENCE
STOREINVESTMENTS
POBOX 2107
LA CROSSE WI 54602-2107
DA VID J & KAREN L FINNEGAN
212 ELM ST
FARMINGTON MN 55024-1018
STATE OF MN - F TAX
1590 HWY 55
HASTINGS MN 55033
ROGER D THORN
305 MAIN ST
FARMINGTON MN 55024-1020
LEE ROSE
317 MAIN ST
FARMINGTON MN 55024-1020
SHEILA MAYHEW
309 MAIN ST
FARMINGTON MN 55024-1020
FRATERNAL ORDER OF EAGLES
AERIES 4031
313 3RD ST
FARMINGTON MN 55024-1352
RICHARD N JR WRIGHT
4041 BROUGHAM BLVD
PRIOR LAKE MN 55372
ALLEN G BROSSETH
3169E CALEY AVE
LITTLETON CO 80121-2921
ELAINE K ANDERSON
209 4TH ST
FARMINGTON MN 55024-1011
DAVID J & KAREN L FINNEGAN
212ELMST
FARMINGTON MN 55024-1018
DAVID J & KAREN L FINNEGAN
212 ELM ST
FARMINGTON MN 55024-1018
KEVIN L & STACY M AANENSON
212 4TH ST
FARMINGTON MN 55024-1012
.
DAVID J & KAREN L FINNEGAN
212 ELM ST
FARMINGTON MN 55024-1018
DA VID J & KAREN L FINNEGAN
212 ELM ST
FARMINGTON MN 55024-1018
VISTA TELEPHONE CO
% FRONTIER COMMUNICATIONS
OF MN INC
ROCHESTER NY 14646-0001
JILL A JEPPESEN
306 4TH ST
FARMINGTON MN 55024-1375
.
.
MICHAEL G CARLAND
401 ELM ST
FARMINGTON MN 55024-1125
CONVENIENCE
STOREINVESTMENTS
POBOX 2107
LA CROSSE WI 54602-2107
GARY R & SHERRILL A BACKES
1425160THSTW
ROSEMOUNT MN 55068-6055
CONVENIENCE
STOREINVESTMENTS
POBOX 2107
LA CROSSE WI 54602-2107
LESLIE KOTVAL
3335 CLUB VIEW TERR
COLORADO SPRINGS CO 80906-4479
HRA OF FARMINGTON
% FARMINGTON CITY HALL
FARMINGTON MN 55024
CITY OF FARMINGTON
325 OAK ST
FARMINGTON MN 55024
.
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
Michael Schultz ,1\/ f}
Associate Planner ~
Variance Permit - Encroach 4' into side yard setback -
Applicant: Kurt Orndorff
FROM:
SUBJECT:
DATE:
June 13, 2000
INTRODUCTION
The applicant, Kurt Orndorff, is seeking a variance to encroach 4 feet into the side yard setback
in order to construct a garage using the existing foundation.
. Plan nine Division Review
Applicant:
Kurt Orndorff
605 Willow Street
Farmington, MN 55024
Attachments:
I. Application
2. Location Map
3. Applicant's Plot Plan
4. 10-8-6: Variances
Location of Property:
605 Willow Street
Lot Area:
10,198 square feet (60'w x 170'd)
Legal Description:
Lot 8, Block 1, Bung Addition
Surrounding Land Uses:
Single-family to north and east, commercial to the west,
light industrial to the south.
Existing Zoning:
R-2 (Medium Density)
.
Comprehensive Plan:
Low/Medium Density
DISCUSSION
.
The applicant, Kurt Orndorff, is seeking relief from the minimum side yard setback in the form
of a variance in order to re-construct a garage. The applicant is seeking to encroach 3.7 feet into
the required 6-foot side yard setback that would enable him to reuse the existing slab.
The applicant initially had submitted building plans that called for removal of the garage and
expansion of a front porch and a breezeway as a side entry. The applicant also proposed (and
has begun constructing) a 988 square foot detached garage in the rear yard. Because of the new
detached garage the applicant began the remodeling process by removing the attached garage.
Mr. Orndorff had a change of mind after the garage was removed and decided to reconstruct the
attached garage using the existing slab. It was determined that the existing slab was 2.3 feet off
the east property line and that the property owner would need to seek a variance in order to
reconstruct the garage.
In staffs research of the variance application, Mr. Orndorffs property along with the two
properties located to the east, appear to be offset slightly to the right (nearly on the easterly
property lines), and not centered on the lots. This may have caused the applicant's home to be
constructed closer to the property line instead of being centered on the lot.
The applicant does have options available that would allow the garage addition to meet minimum
side yard setback requirements. The applicant could eliminate a portion of the front porch and
the front service door, pushing the garage off of the side lot line and closer to the house; this
. would result in narrowing the garage to 14.3 feet.
Staff feels that the variance request meets the requirements of the Code in that:
1) Strict enforcement of the Title would result in undue hardship with respect to the property:
a. The property is nearly 60' wide that dictates the width of the proposed garage structure to
approximately 14' wide.
Argument against: The property owner does have some flexibility in reducing the width, from
the proposed 18' wide to possibly 16' or narrower.
2) Such unnecessary hardship results of circumstances unique to the property:
a. The property was platted during the 1950's, before the adopted zoning code.
b. The property, along with the two properties to the east, are slightly shifted off center
toward the easterly property line (see attached GIS map for previous attached garage
placement).
3) The hardship is caused by provisions of this Title and is not the result of actions of persons
presently having an interest in the property.
.
a. The house was constructed in 1950, before the zoning code was adopted, in which the
garage structure encroached four feet into the side yard, making it legal non-conforming
before the structure was removed.
.
Argument against: The current home owner removed the garage after the initial plans were
submitted that required the garage to be removed and not rebuilt, the remodeling was limited
to the expansion of the home with the thought of constructing a larger detached garage in the
back yard.
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest.
a. Encroaching within the side yard setback with the construction of the garage would not
alter the character of the neighborhood because the garage had an acceptable distance
from the neighbor's home (approximately 12 feet).
Argument against: The property is not limited to only the one attached garage, and does
have alternatives to meet or come close to meeting setback requirements. The applicant is
already in the process of constructing a 988 square foot detached garage in the rear yard.
5) The variance does not permit a lower degree of flood protection.
Staff has reviewed the application for a variance to encroach 3.7 feet into the 6- foot side yard
setback using the guidelines as given in Title 10-8-6 of the Code. Staff has determined that the
applicant has some basis for the case of hardship to erect the attached garage using the existing
slab; but staff feels that there are possible alternatives for the homeowner to attempt to meet
setback requirements. In addition, the homeowner is also erecting a 988 square foot garage in
. the rear yard, so the attached garage would not be acting as the only source of car storage.
ACTION REOUESTED
Determine if the variance application meets the intent of the Code under Title 10-8-6: Variances
and vote to either deny or approve the application based the requirement if undue hardship does
or does not exist.
If the Commission agrees that a hardship exists, staff would request that the homeowner obtain a
written agreement from the easterly neighbor that no structures will encroach closer than 12-feet
or what presently exists, whichever is less.
Michael Schultz
Associate Planner
.
.
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
Applicant Name K Ll rt. ~ 0 y- n d Oy ff'
Applicant Address (PO kJ.' { I M sf: (29 m
Str~ . - . City
Phone Number (PC) J & 0 L{q q </
Le al Description of Sub. ect Property: (lot, block, plat name, section, township, range)
Yhn
State
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Current Zoning District
. Specific Nature of Request / Claimed Hardship.:
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Following Attached: (please check)
_ Proof of Ownership ~Undary/Lot Survey
~ Application fee ($150) _ Copies of Site Plan
_ AbstractlResident List (adjoining property owners only)
_ Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature
Date
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KURT ~IJPDORFF
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Bohlen
Surveying & Engineering
31462 FoIioae Av_ ~ 4815 12Jrd Street W.
Northfield,.... 55057 B Savage, IiI'4 55378
Phone: 507) 645-7768 '"'- (612) 895-9212
Fax: (~7) 645-7799 Fax: (612) 895-9259
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LEGAL DESCRIPTION:
LOT 8. BLOCK 1. BlJiIG ADDITION, CITY OF
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I HEREBY CERTIfY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER
MY DIRECT SUPERVISION AND THAT I AM A Dll. Y REGISTERED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
DATE- 4-24-00 ~~L-- _
LERO~_~BOHLEN, LAND SURVEYOR
MINNESOTA LICENSE NO. 10795
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1 0-8-5
1 0-8-6
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Commission. The amount of the surety may be increased or
decreased by the City Administrator to reflect inflation, changed
conditions, or compliance with permit conditions. (Ord. 094-340,
11-21-1994)
1 0-8-6: VARIANCES: The Board of Adjustment shall have the power
to vary from the requirements of this Title, and to attach
conditions to the variance as it deems necessary to assure compliance with
the purpose of this Title. Any variances dealing with land in flood plains
shall comply with requirements listed in Chapter 10, Flood Plain
Management, of this Title. (Ord. 093-323, 12-6-1993)
(A) The following exhibits shall be required unless waived by the Zoning
Officer:
1. A boundary surveyor an area survey including the property in
question and three hundred feet (300') beyond showing: topography,
utilities, lot boundaries, buildings, easements and soil test data if
pertinent.
..
2. A site development plan showing buildings, parking, loading,
access, surface drainage, landscaping and utility service. (Ord.
086-177, 3-17-1986)
(B)
Procedure for obtaining a variance from the regulations of this Title
are as follows:
1. The property owner or agent shall file with the Zoning Officer an
application form together with required exhibits plus a filing fee in an
amount established annually by the City Council. (Ord. 086-177,
3-17-1986)
2. The Zoning Officer 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. (Ord. 094-339, 11-21-1994)
3. The Board of Adjustment shall, within sixty (60) days of submittal
of all required exhibits, approve, deny or approve under conditions
accepted by the applicant.
(C) The Board of Adjustment may vary the regulations of this Title if all
of the following requirements are met:
..
398
City of Farmington
,- ~ -~.. -- -. ..-~~_.__._...,,-~----_...._-----,---...,....,,...------
1 0-8-6
1 0-8-7
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1. Literal enforcement of this Title would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances
unique to the property.
3. The hardship is caused by provisions of this Title and is not the
result of actions of persons presently having an interest in the
property.
4. The variance observes the spirit and intent of this Title, produces
substantial justice and is not contrary to the public interest.
5. The variance does not permit a lower degree of flood protection
than the flood protection elevation for the particular area or permit
standards lower than required by State law. (Ord. 086-177,
3-17-1986)
.
(D) Upon appeal of a decision by the Board of Adjustment, the Zoning
Officer shall set a public hearing, transmit the application directly to
the City Council, and mail a notice to the Board of Adjustment and
property owners adjacent to the subject property disregarding public
rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board
of Adjustment with a four-fifths (4/5) vote of the City Council. (Ord.
097 -393, 4-7-1997)
10-8-7: 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.
.
398
City of Farmington
.
.
.
RICHARD GERTEN
600 PINE STREET
FARMINGTON, MN 55024
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CARLO ARENDT
609 WILLOW STREET
FARMINGTON, MN 55024
DONALD MAZURKIEWICZ
606 LINDEN STREET
FARMINGTON, MN 55024
.
.
.
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
City Planning Commission
Michael Schultz {} j}
Associate Planner r
Variance Permit - Encroachment into side yard setback & exceed
minimum lot coverage - Applicant: Dustin Weierke
June 13, 2000
The applicant, Dustin Weierke, is seeking a variance to encroach six feet into the side yard
setback in order to allow for a lean-to structure on the side of his existing garage and to exceed
the 30% lot coverage within the R-2 (Medium Density) Zoning District.
Planning Division Review
Applicant:
Attachments:
Location of Property:
Lot Area:
Legal Description:
Surrounding Land Uses:
Existing Zoning:
Comprehensive Plan:
Dustin Weierke
408 1 st Street
Farmington, MN 55024
1. Application
2. Location Map
3. Applicant's Plot Plan
4. 10-4-1 (B): Lot and Yard Requirements
5. 10-8-6: Variances
6. 4-5-2: Architectural Design and Materials
408 1 st Street
5,108 square feet (dimensions 28.33'w x 180'd)
South 1/2 of South 1/3 of Lots 1,2 & 3 of Block 13, Town
of Farmington
Single-family surrounding property.
R-2 (Medium Density)
Low/Medium Density
.
DISCUSSION
The applicant, Dustin Weierke, is seeking relief from the Zoning Code in the form of a variance
in order to construct a lean-to structure attached to a legal non-conforming garage. The property
in which the single-stall garage sits is measured at 28.33 feet wide, using the alley to access the
garage stall. The garage itself is 20 feet deep and straddles the north property line, thus deeming
it legal non-conforming. Regardless of which direction the structure would move (north or
south) the current 6-foot side yard setback requirement would not be met.
Because current records do not indicate when the property was split, it is estimated that the split
occurred sometime around 1915, the year indicated in property tax records of when it was
constructed.
The second portion of the variance concerns exceeding the 30% maximum lot coverage within
an R-2 (Medium Density) zoning district. The current coverage of the lot is 29%, with the
addition of the lean-to structure, at 200 square feet, would increase the coverage to 33%.
House Area = 1,091 s.f.
Garage Area = 400 s.f.
Lean-to Area = 200 s.f.
Total Area = 1,691 s.f.
Lot Coverage = 33%
. Staff feels that the variance request meets the requirements of the Code in that:
1) Strict enforcement of the Title would result in undue hardship with respect to the property:
a. The lot is only 28.33' wide and 5,108 square feet in area.
b. The existing house and garage were constructed before the current Code and has non-
conforming side yard setbacks.
2) Such unnecessary hardship results of circumstances unique to the property:
a. The property was split sometime around 1900 to 1915.
3) The hardship is caused by provisions of this Title and is not the result of actions of persons
presently having an interest in the property.
a. The house was constructed in 1915, it is not known when the garage was built, likely
before the adoption of the current Code.
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest.
.
a. Encroaching within the side yard setback and exceeding the lot coverage with the
construction of the lean-to would not alter the character of the neighborhood.
5) The variance does not permit a lower degree of flood protection.
.
.
.
ACTION REQUESTED
Staff recommends approval of the variance application to encroach 6 feet into the side yard
setback and to exceed the maximum lot coverage by 3% on the basis that strict enforcement of
the Zoning Code would result in undue hardship; the variance meets all of the requirements
outlined in 10-8-6 (C) of the Code, contingent on the following:
I. The property owner obtain a written agreement from the north property owner that no
structure(s) will encroach any closer than what is currently present.
2. That all materials used in construction of the lean-to structure are acceptable building
materials and are not materials that are considered "unsightly" as stated in 4-5-2 of the City
Code, those materials may include plastic, canvas, tarp or any other material that may be
used as part of the structure if any type of motorized vehicle is stored within the lean-to.
Michael Schultz
Associate Planner
.
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
. Specific Natur~ of Request I Claimed Hardship: f:> Jf- L-c.o< V\ -.}7)1-. 1/--vI
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Following Attached: (please check) 'Proof of Ownership _ BoundarylLot Survey
L Application fee ($150) -X Copies of Site Plan
_ AbstractlResident List (adjoining property owners only)
_ Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature j~~ ~., LU~u../
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1 0-4- 1
10-4- 1
CHAPTER 4
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LOT AND YARD REQUIREMENTS
SECTION:
10-4-1 :
1 0-4-2:
10-4-3:
General Requirements
Lot And Yard Requirements
Agricultural Preserves
10-4-1: GENERAL REQUIREMENTS: The minImum lot area,
minimum depth of front, rear and side yards for each district
shall be as shown in Table I, Section 10-4-2 of this Chapter, Lot and Yard
Requirements. No proposed plat of a new subdivision shall hereinafter be
approved unless the lots within such plats are equal to or exceed the
minimum size as required for the district in which the property is located,
and shall include documentation which suggests the location for both
principal and accessory structures.
.
(A)
Lots which abut on more than one street shall provide the required
front yards along each street. Rear yard setbacks shall not be
required on corner lots since side yard setbacks apply.
(8) All structures, whether attached to the principal structure or not, and
whether open or closed, including porches, carports, balconies or
platforms above normal grade level, shall not project into any
minimum front, side or rear yard.
(C) Any lot of record existing on the effective date (original adoption
date) hereof may be used for the erection of a structure conforming
to use regulations of the district in which it is located, even though
its area and width are less than the minimum requirements of this
Title. (Ord. 086-177, 3-17-86)
(0) Nonresidential structures or uses shall not be located or constructed
closer to any property lines of any other lot not commonly owned in
any R District than the distance specified in the following:
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Commission. The amount of the surety may be increased or
decreased by the City Administrator to reflect inflation, changed
conditions, or compliance with permit conditions. (Ord. 094-340,
11-21-1994)
1 0-8-6: VARIANCES: The Board of Adjustment shall have the power
to vary from the requirements of this Title, and to attach
conditions to the variance as it deems necessary to assure compliance with
the purpose of this Title. Any variances dealing with land in flood plains
shall comply with requirements listed in Chapter 10, Flood Plain
Management, of this Title. (Ord. 093-323, 12-6-1993)
(A) The following exhibits shall be required unless waived by the Zoning
Officer:
1. A boundary surveyor an area survey including the property in
question and three hundred feet (300') beyond showing: topography,
utilities, lot boundaries, buildings, easements and soil test data if
pertinent.
(,.
2. A site development plan showing buildings, parking, loading,
access, surface drainage, landscaping and utility service. (Ord.
086-177, 3-17-1986)
(B)
Procedure for obtaining a variance from the regulations of this Title
are as follows:
1. The property owner or agent shall file with the Zoning Officer an
application form together with required exhibits plus a filing fee in an
amount established annually by the City Council. (Ord. 086-177,
3-17 -1986)
2. The Zoning Officer 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. (Ord. 094-339, 11-21-1994)
3. The Board of Adjustment shall, within sixty (60) days of submittal
of all required exhibits, approve, deny or approve under conditions
accepted by the applicant.
(C) The Board of Adjustment may vary the regulations of this Title if all
of the following requirements are met:
/e
398
City of Farmington
1 0-8-6
10-8-7
.
......--......,
':
1. Literal enforcement of this Title would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances
unique to the property.
3. The hardship is caused by provisions of this Title and is not the
result of actions of persons presently having an interest in the
property.
4. The variance observes the spirit and intent of this Title, produces
substantial justice and is not contrary to the public interest.
5. The variance does not permit a lower degree of flood protection
than the flood protection elevation for the particular area or permit
standards lower than required by State law. (Ord. 086-177,
3-17-1986)
(D)
Upon appeal of a decision by the Board of Adjustment, the Zoning
Officer shall set a public hearing, transmit the application directly to
the City Council, and mail a notice to the Board of Adjustment and
property owners adjacent to the subject property disregarding public
rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board
of Adjustment with a four-fifths (4/5) vote of the City Council. (Ord.
097-393, 4-7-1997)
.
10-8-7: 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 -1 986)
(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.
.
398
City of Farmington
4-5-1
.
SECTION:
4-5-1:
4-5-2:
4-5-3:
4-5-4:
4-5-5:
4-5-6:
4-5-7:
4-5-1:
(A)
.
4-5-2
CHAPTER 5
ARCHITECTURAL DESIGN AND MATERIALS
Elevations
Usable Materials
Alternate Materials
Pole Buildings
Residential Performance Standards
Zoning Codes
Appeals
ELEVATIONS:
Building Permit: The application for a building permit, in addition to
other information required, shall include exterior elevations of the
proposed structure which will adequately and accurately indicate the
height, size, design and the appearance of all elevations of the
proposed building and description of the construction and materials
proposed to be used therein. (Ord. 093-319, 12-6-93)
4-5-2: USABLE MATERIALS: No building permits shall be issued for
any structure for which a building permit is required which
contains exterior facing materials which rapidly deteriorate or which, for any
reason, are or quickly become unsightly. The following are examples of
such materials: concrete masonry units (unless decorative block), common
clay brick, sand lime brick, concrete brick, unfinished structural clay tile,
sheet metal (either corrugated or plain) and exposed unfinished concrete.
Such materials, however, may be used in a special arrangement or
combination with other materials of a permanent nature with good
architectural design and appeal. The provisions of this Section shall not
apply to building permits issued for structures in zoning districts A-1 or C-1 .
(Ord. 093-319, 12-6-93)
.
294
City of Farmington
.
.
.
RENEE JOHNSTONE
18527 EGRET WAY
FARNDNGTON, MN 55024
KEVIN & MICHELLE MILLS
5120 185m STREET
FARMINGTON, MN 55024
TIMOTHY CREWS
5132 185m STREET
FARMINGTON, MN 55024
EFRAIN MURILLO
406 1ST STREET
FARMINGTON, MN 55024
SUZANNE HATCHER
26 OAK STREET
FARNDNGTON, MN 55024
SHERRY & ERROL FISHER
4121sT STREET
FARMINGTON, MN 55024
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Michael Schultz {U#
Associate PlannerY
FROM:
SUBJECT:
Variance Permit - Exceed Maximum Lot Coverage within R-l (PUD)
Zoning District - Applicant: Ryan Elsen
DATE:
June 13, 2000
INTRODUCTION
The applicant, Ryan Elsen, is seeking a variance to exceed the 25% maximum lot coverage
within the R-l (PUD) Zoning District by 3.8%.
. Plannine: Division Review
Applicant:
Ryan Elsen
18523 Egret Way
Farmington, MN 55024
Attachments:
1. Application
2. Location Map
3. Applicant's Plot Plan
4. 10-8-6: Variances
Location of Property:
18523 Egret Way
Lot Area:
8,543 square feet
Legal Description:
Lot 12, Block 6, Prairie Creek 2nd Addition
Surrounding Land Uses:
Single-family to north and west, open space to the south
and east.
Existing Zoning:
R-I (PUD)
.
Comprehensive Plan:
Low Density
.
.
.
DISCUSSION
The applicant, Ryan Elsen, is seeking relief from the maximum lot coverage of the Zoning Code
in the form of a variance in order to construct a deck. The applicant currently has a lot coverage
of 24.9% with just the house alone, the proposed deck is 336 square feet, resulting in a 28.8%
coverage, 3.8% over the 25% maximum within the R-l (PUD) zoning district.
House Area = 2,125 sq. ft.
Proposed Deck = 336 sq. ft.
Total Area = 2,460 sq. ft.
Lot Area = 8,542 sq. ft.
Lot Coverage = 28.8%
Staff reviewed the Prairie Creek Planned Unit Development agreement, but was unable to find
any language relating to exceeding maximum lot coverage for any of the platted lots. Attached
is a letter dated on April 8, 1993 from the City Development Committee addressed to Warren
Isrealson concerning the transitioning of lot sizes from the Dakota County Estates subdivision to
the remainder of the Prairie Creek development. The letter and subsequent discussions did not
address any possible concessions for lot coverage when lots were platted below the minimum
10,000 square feet for lots within a typical R-l zoning district.
In Section 10-4-2 of the Zoning Code, the maximum lot coverage is increased to 30% for lots
with minimum lot sizes of 6,000 square feet to accommodate for typical housing sizes along with
possible additions. It may have been plausible at the time of platting to address the possible
issue with language allowing flexibility up to 30%.
The applicant purchased the property in March of 1998; the house was constructed early in 1995,
so the applicant did not have any interest in the property at the time of construction.
Staff feels that the variance request meets the requirements of the Code in that:
I) Strict enforcement of the Title would result in undue hardship with respect to the property:
a. The lot was developed at the request of the City to act as a transition in size from the
minimum 6,000 square foot lots within Dakota County Estates to the 10,000 square foot
lots the developer was proposing within the Prairie Creek development.
2) Such unnecessary hardship results of circumstances unique to the property:
a. The Prairie Creek PUD language did not address any possible issues relating to the
smaller transitioning lots concerning lot coverage.
3) The hardship is caused by provisions of this Title and is not the result of actions of persons
presently having an interest in the property.
a. The Title permits 25% lot coverage on minimum size lots of 10,000 square feet within
the R-l zone, but allows 30% coverage on lots 6,000 square feet within the R-2 zone.
Concessions possibly should have been made during the PUD process.
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
. contrary to the public interest.
a. Exceeding the lot coverage with the construction of the deck would not alter the character
of the neighborhood and there are no other reasonable alternatives for the resident.
5) The variance does not permit a lower degree of flood protection.
ACTION REQUESTED
Staff recommends approval of the variance application to exceed the 25% maximum lot
coverage within an R-I (PUD) by 3.8% on the basis that strict enforcement of the Zoning Code
would result in undue hardship and the variance meets all of the requirements outlined in 10-8-6
(C) of the Code; contingent upon:
1) That the property not exceed the above approved percentage of the variance with any
additional structures, as defined in the City Code.
.
Michael Schultz
Associate Planner
.
.
.
.
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
Applicant Name ~O~ tJSf..J
Applicant Address J&5z.3 !6ttl ~/t-1 PA-~~n~ m^
Street City State
Phone Number (ptr;;(--..(lPO-t-1/,Q
Legal Description of Subject Property: (lot, block, plat name, section, township, range)
i aT rL. gL()6~ (p PRAIIl'X:c ~'-'t~/L t.;.tLD'V~ 1'r~~7.r..J
c
Current Land Use S F
Current Zoning District
Specific Nature of Request I Claimed Hardship: /0 Ii b ,~ Dec.-.k. ]t)
5clGoiA,zc t:"Q-.} C),::- 5Jllu( rvvert:- L ~~'!!.~ CJNLY) .x-s
U tiArArJc7,& 70 60 ~us Z5'~
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Following Attached: (please check) _ Proof of Ownership _ BoundarylLot Survey
_ Application fee ($150) _ Copies of Site Plan
_ AbstractlResident List (adjoining property owners only)
r--.J- Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature ^iJ.'Y!. t:W--
Date ~l z..OO
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2422 Enterprise Drive
Uendoto Heights. UN 55120
(812) 881-1114 FAX:881-1488
625 HlcJhway 10 ".E.
Blaine. UN 55434
(812) 783-1880 FAX:783-1883
Cert;ficot~ of Survey for: j BENCHMARK "HOMEs.-"iNC:-\
LNIO ~ . "*' ENCMIItS
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ENeH MARK
4(OSED GRADES SHO-. PER GRADING PlAN BY: P ROGRESS.
: BUIlOING OIUENSlONS SHOMI ARE FOft HORIZONTAl.. AHQ 10911C.-L
A TlON OF SlRUCTURES OHI. Y. SEE ARCHll'EClUAl Pl.AHS FOR 9IJllOIHG
AND FOUNDATION DlWfNSl()H5.
N01E: CONTRACToR WUST \lERJFY OIUVEWAY DESIGN.
NOlE: NO SPECSFlC SOILS INVESTlGA nON HAS BEEN COMPl.ElED ON lHIS
LOT BY lliE SUR\fEYOR. M SIJITA8LITY OF sou TO SUPPORT 1HE
SPECIFIC HOUSE PROPOSED IS NOT lHE RfSPONSlflIUTY OF lHE SUR'JEYOR.
917.1
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OlHER THAN THOSE SHOWN ON tHE RECORDED PlAT.
8tARlNGS SHOWIN ARE ASSUMED
Pru 1'1 s-YtS-/I~,
1 0-8-5
1 0-8-6
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Commission. The amount of the surety may be increased or
decreased by the City Administrator to reflect inflation, changed
conditions, or compliance with permit conditions. (Ord. 094-340,
11-21-1994)
1 0-8-6: VARIANCES: The Board of Adjustment shall have the power
to vary from the requirements of this Title, and to attach
conditions to the variance as it deems necessary to assure compliance with
the purpose of this Title. Any variances dealing with land in flood plains
shall comply with requirements listed in Chapter 10, Flood Plain
Management, of this Title. (Ord. 093-323, 12-6-1993)
(A) The following exhibits shall be required unless waived by the Zoning
Officer:
1. A boundary surveyor an area survey including the property in
question and three hundred feet (300') beyond showing: topography,
utilities, lot boundaries, buildings, easements and soil test data if
pertinent.
.
2. A site development plan showing buildings, parking, loading,
access, surface drainage, landscaping and utility service. (Ord.
086-177, 3-17-1986)
(B)
Procedure for obtaining a variance from the regulations of this Title
are as follows:
1. The property owner or agent shall file with the Zoning Officer an
application form together with required exhibits plus a filing fee in an
amount established annually by the City Council. (Ord. 086-177,
3-17-1986)
2. The Zoning Officer 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. (Ord. 094-339, 11-21-1994)
3. The Board of Adjustment shall, within sixty (60) days of submittal
of all required exhibits, approve, deny or approve under conditions
accepted by the applicant.
(C) The Board of Adjustment may vary the regulations of this Title if all
of the following requirements are met:
..
398
City of Farmington
1 0-8-6
1 0-8-7
/---....
.
1. Literal enforcement of this Title would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances
unique to the property.
3. The hardship is caused by provisions of this Title and is not the
result of actions of persons presently having an interest in the
property.
4. The variance observes the spirit and intent of this Title, produces
substantial justice and is not contrary to the public interest.
5. The variance does not permit a lower degree of flood protection
than the flood protection elevation for the particular area or permit
standards lower than required by State law. (Ord. 086-177,
3-17-1986)
.
(0) Upon appeal of a decision by the Board of Adjustment, the Zoning
Officer shall set a public hearing, transmit the application directly to
the City Council, and mail a notice to the Board of Adjustment and
property owners adjacent to the subject property disregarding public
rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board
of Adjustment with a four-fifths (4/5) vote of the City Council. (Ord.
097 -393, 4-7-1997)
10-8-7: 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.
.
398
City of Farmington
I
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April 8, 1993
Mr. Warren Isrealson
Progress Engineering Inc.
14300 Nicollet Court
Suite 335
Burnsville, MN 55337
Dear Mr. Isrealson,
The Development Committee of the city e the conce t Ian for Prairie
Creek and has the followin The staff agrees that a transition should
occur between the lot sizes in Da ota ounty Estates and Silver Springs but it
should be done by facing lots of similar size across the street from each other;
In essence, the transition from Dakota County Estates should begin at the Dakota
County Estates property line with lots measuring 75Xl15 feet creating 5625 square
foot parcels. The transition should move quickly to the minimum of 10,000 squa~e
feet, well within the plat. er comments regar 1ng lot size 1nc u e e 1 side
ots w 1C W1 nee a m1n1mum of 100 feet of frontage to create useable pads for
each house lot. These lots are deep and should have a corresponding generous width
in order to save as many trees as possible on that slope.
The entrance to the plat from Pilot Knob Road has been established by prior agreement
between the City and Dakota County. The north line of this entrance will line up
with the south line of the City well property across Pilot Knob Road. I believe that
will move the entrance northward at least a full street width from the location
identified in the concept ~an.
The concept of Prairie Creek is that of a meandering stream that will include six
native grasses and trees of probably 100-200 feet in width. It can accommodate
N.U.R.P. ponds as well as wetland mitigation areas if for reasons of efficiency in
street and lot layout, some of the wetland must be filled. Wetlands are not
considered to be parkland and therefore the ponding area requirements of the DNR
will need to be augmented by a neighborhood park of approximately five acres. The
Park Board will be interested in a ballfield to serve residents of the neighborhood.
It will be important for the park to open onto city streets enough to assure that
it does not appear to be part of neighboring lot back yards.
The minimum depth of
triangular land area
direct access to the
much of this area is
upon the size of the
the lots which adjoin Pilot Knob Road will be 160 feet and the
south of the DNR wetland should be redesigned to provide more
neighborhood park and wetland area. It should be stated again that
outside of MUSA limits. A land trade might be possible depending
public park and wetland land area.
325 Oak S~'lefi · Fa.~~ aUt 55024 II iiji2) ':63-71/!
(~
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.
.
.
RENEE JOHNSTONE
18527 EGRET WAY
FARMINGTON, MN 55024
KEVIN & MICHELLE MILLS
5120 185TH STREET
FARMINGTON, MN 55024
TIMOTHY CREWS
5132 185TH STREET
FARMINGTON, MN 55024
EFRAIN MURILLO
406 1sT STREET
FARMINGTON, MN 55024
SUZANNE HATCHER
26 OAK STREET
FARMINGTON, MN 55024
SHERRY & ERROL FISHER
4121sT STREET
FARMINGTON, MN 55024
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.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP p.fJ
Planning Coordinator ..
FROM:
DATE:
June 13,2000
SUBJECT:
Tamarack Ridge Final Plat
INTRODUCTION
Tamarack Ridge consists of approximately 64 acres east of Trunk Highway 3, south of County
Road 66, west of the Prairie Waterway and Cambodia Avenue and north of 208th and 209th
Streets. The developers propose to plat 28 single-family lots, 8 condominium lots consisting of
70 condominiums and 9 rental townhome lots consisting of 32 rental townhomes within the
Tamarack Ridge Final Plat.
. DISCUSSION
The Tamarack Ridge Preliminary Plat was approved by the Planning Commission on May 9,
2000 and by the City Council on May 15,2000. No major changes have been made to the final
plat since the preliminary plat was approved.
Single-Family Residential- James Development Company
James Development Company proposes to plat 28 single-family lots in the first phase of the
project. The single-family project consists of a total of 73 single-family lots. The lots range from
a minimum of9,000 to 18,000 square feet.
Access to the first phase of the single-family addition is from the northerly access onto CSAH 66
from the site. The cul-de-sac is measured at 430 feet in length, below the maximum requirement
of 500 feet in the City Code. The developer will provide a temporary turnaround on the proposed
through street. The street consists of a 60-foot wide right-of-way and 28-foot wide pavement
allowed by the recent approval of the City's modified street standard of 28-feet.
A large percentage of the lots will be limited to split-entry homes because of the high water table;
however, the Developer proposes full-basement homes on as many lots as possible. The housing
prices may range from $120,000 to $180,000.
.
.
.
.
8-10 Unit Condominiums - Centex Homes
Centex Homes will develop 70 two-story condominiums in 8 to 10-unit buildings on 8 lots in the
first phase of the carriage home project. This development is part of a homeowner's association
and all roadways proposed are private. The through street consists of a 50-foot wide right-of-way
and a 28-foot wide pavement. The driveways to the buildings consist of 3D-foot wide private
rights-of-way with a 22-foot wide pavement.
Centex Homes will make a request to Dakota County for a temporary construction access to the 8
condominium lots along CSAH 66 from the southerly access shown on the plat.
Rental Townhomes - Farmington Family Townhomes
The Farmington Family Townhome project will be constructed by Jim Deanovic of Farmington
Family Housing Limited Partnership. The project consists of 32 rental units in 4-unit buildings
and will be platted in one phase. Access to the project is from the south along 2D9th Street.
The project is being partially funded by the Minnesota Housing Finance Agency (MHF A).
MHF A has requested that a steel chain or collapsible bollards close off the northerly access to the
rental townhome site from the commercial area. The MHF A has made this request to deter any
commercial traffic from utilizing the Farmington Family Townhomes site to access to 209th
Street. By providing the chain or collapsible bollards, emergency vehicles can access the
roadway when needed, rather than daily traffic.
City staff recommends that the Planning Commission deny this request due to the need for
emergency vehicles to access the site. The Fire Marshal has stated that this access remain
unobstructed at all times. Additionally, the developer does not propose to construct the
commercial area for 3 to 5 years, thereby eliminating any commercial traffic in the first few years
of the townhome project. Upon construction of the commercial area, the proposed access to the
south from the commercial area will likely be the one most utilized from 209th Street. Finally, the
roadway could be signed as a private development with no through traffic allowed.
Outlots
The following is a list of the outlots with the acreage and proposed use:
Outlot A
Outlot B
Outlot C
Outlot D
Outlot E
OutlotF
Outlot G
Outlot H
7.1 acres
4.5 acres
0.6 acres
0.6 acres
2.0 acres
0.08 acres
14.1 acres
6.8 acres
Commercial area and storm water pond
City park and storm water pond
Storm water pond
Storm water pond
Storm water pond
FEMA floodplain
Single-family residential lots and streets
Condominium lots
Grading on the site will begin the week of June 1ih and the developer would like to construct
models as soon as possible upon approval ofthe final plat by the City Council.
2
"
.
.
.
ACTION REQUESTED
Approve the Tamarack Ridge Final Plat and forward the recommendation to the City Council.
Respectfully submitted,
~SZ4
Lee Smick, AICP
Planning Coordinator
cc: Jim Ostenson, James Development Company
Wayne Lamoreaux, Pioneer Engineering
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP .rJ ()
Planning Coordinator ~
FROM:
DATE:
June 13, 2000
SUBJECT:
Bristol Square 2nd Addition Final Plat
INTRODUCTION
Bristol Square is located east of Glenview Townhomes, south of Westview Sales and Dakota
Storage (old Wausau Supply site), west of County Road 72 and the Prairie Waterway and north of
County Road 72 and the East Farmington single-family residential development. The Developer,
Jim Allen, has recently submitted the 2nd Addition Final Plat for review by the Planning
Commission and City Council. The entire site contains 19,7 acres with the Developer platting 42
units in the 2nd Addition on 4.4 acres and providing an outlot for the northern portion of the
Bristol Square site. The property is zoned R-3 high density residential.
DISCUSSION
The Developer proposes 42 townhomes in the 2nd Addition Final Plat that is a continuation from
the 42 townhomes approved in the 151 Addition, Bristol Square is a private development that is
maintained by a homeowners association.
The Developer platted 42-townhome units on 4,09 acres in the 15t Addition of Bristol Square
located at the southwest comer of the property directly north of County Road 72. The remaining
property was platted as 14 separate outlots (see attached l5t Addition plat). As shown on the 15t
Addition plat, the 2nd Addition will be platted in Outlots A, B, C, D, E, F and N. The overall plan
for the development proposes 173 townhome units on 19,7 acres yielding a density of 8.8
units/acre, falling well below the maximum density of 14.0 units/acre allowed in the R-3 Zoning
District.
Access to the 2nd Addition is from Twelfth Street and Prairie View Trail through the 15t Addition
and from Glenview Townhomes on the westerly border of the site. Twelfth Street, Prairie View
Trail, Bristol Lane and Pine Street have been constructed in the 15t Addition, Willow Trail and
Lilac Lane will be constructed in the 2nd Addition.
The streets throughout the development will be private and are measured at 24 feet in width with
curb and gutter. No parking along any streets is allowed in the development. The Developer
proposes 94 off-street parking spaces with 26 of those constructed in the 2nd Addition.
Additionally, the 2-story townhome unit consists of 2-car garages and space for 2-cars parked in
the driveway of each unit. The Developer also proposes to incorporate 4 one-level townhomes in
. the 2nd Addition, 2 with one-stall garages and 2 with two-stall garages,
The Engineering staff has reviewed and recommends approval of the final plat.
ACTION REQUESTED
Recommend approval of the Bristol Square - 2nd Addition Final Plat and forward the
recommendation to the City Council.
Respectfully submitted,
dL4
Lee Smick, AICP
Planning Coordinator
cc: Jim Allen, Allen Homes
Steve Albrecht, William R. Engelhardt Associates, Inc.
.
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Michael Schultz
Associate Planner
SUBJECT:
Charleswood 3rd Addition Final Plat Approval
DATE:
June 13,2000
INTRODUCTION
Genstar Land Company has submitted the Final Plat for Charleswood 3rd Addition. The 3rd
Addition consists of 65 single-family platted lots. This plat is a continuation of the single-family
portion ofthe Charleswood Planned Unit Development.
Planninf: Division Review
Applicant:
Genstar Land Company
11000 WI 78th Street
Eden Prairie, MN 55344
(612) 942-7844
Referral Comments:
1. Letter to Dwight Jelle dated 6-8-00 from City
Engineering Division
2. Letter to Steve Juetten dated 3-10-00 City Parks &
Recreation Director
Attachments:
1. Application for Final Plat
South of 19Sth Street and south of the existing 2nd
Addition of Charleswood.
Location of Property:
Area Bounded By:
Single-family residential to the north, agriculture to the
west, open space to the south, future park and multi-
family to the east
Existing Zoning:
R-3 PUD
Streets and Accesses:
Streets follow general design layout of the approved
Planned Unit Development and Preliminary Plat. Future
access to Pilot Knob Road will come with the
connection of 203rd Street that will be constructed during
the second phase of construction.
.
.
.
Sidewalks:
None will be construction In this phase of the
development.
Bike Trails:
Bike and walking paths will be constructed from 19Sth
Street down to the park area.
Topography:
Site topography is rolling, especially on the eastern and
southern portions of the plat. The drainage patterns are
generally towards the south.
Wetlands:
Wetlands are located to the east and south of the plat.
The wetland located directly east of the 3rd Addition is
designated Manage 2. The wetland found directly south
is designated Manage I and is part of the City Storm
Water plans to become a regional facility.
Flood Plain:
Flood plain exists south of the development, all lots are
platted outside of the designated area.
Parkland and Trails:
The developer proposes a park area east of the single-
family development and north of the wetland area.
Outlot D outlines the westerly boundary, while the
easterly portion of the outlot is only temporary until
development plans are completed on the multi-family
portion.
Additional Comments
Genstar Land Company is seeking Final Plat approval of 65 single-family lots within the
3rd Addition; the plat is a continuation of the single-family development located to the
north and is apart of the Charleswood Planned Unit Development. The developer has
phased the development of the 3rd Addition into two phases for final plat approval to
allow flexibility in the number of lots included in the final plat approval.
Lot Layout/Design & Setbacks
Lots are arranged in similar fashion to the previous additions, with minimum required lot
size at 10,000 square feet. Minimum lot widths at the setback are 75 feet with the
exception being the "flag" lots within the cul-de-sac of Evensong Court (some lot widths
are narrower at the frontage but meet the 75-foot setback at the setback). The layout and
design follows that of what was approved for Preliminary Plat approval at the March 14,
2000 Commission meeting. Minimum front yard setbacks are proposed at 25-feet in the
first phase of the 3rd Addition.
Road Layout/Design
The road layout within the 3rd Addition follows that of the approved Planned Unit
Development and Preliminary Plat. There are two planned cul-de-sacs, one at the end of
Evensong Ave and the other at Evensong Court. All roads within the first phase will
have 60-foot right-of-ways and 34-foot wide streets. 203rd Street, in the second phase,
2
.
.
.
serving as a minor collector, will have a 70-foot right-of-way and a 36-foot wide
roadway.
203rd Street Connection
The future construction of 203rd Street was discussed with Genstar to determine when the
connection to Pilot Knob Road (203rd Street will eventually connect to the D.R.
Horton/Arcon Murphy Farm develofment). Staff and the developer have agreed that
200th Street (formerly known as 203r Street) will be constructed during the second phase
of development and will be completed during the construction of the multi-family along
200th Street.
The developer has stated that they have been in discussion with several
builder/developers of the multi-family areas. It is possible that the construction of 200th
Street will continue through from the single-family to Pilot Knob Road.
Staff agreed that the immediate construction of 200th Street to Pilot Knob Road could
impede the design of the future multi-family development. Staff also agreed that a
temporary gravel road, built to rural design standards, would be sufficient for the access
of construction and emergency response vehicles. The developer did indicate during
preliminary platting that the permanent alignment of 200th Street could be determined
within one (1) year.
Landscape Plan
The landscape plan for the 3rd Addition meets the guidelines and requirements followed
in Title 10-6-14: Landscaping except for the proposed Sugar Maple species is not
accepted as a boulevard tree.
Parks, Trails & Sidewalks
The park land area shown on the plat is a temporary area, shown in the form of Outlot D,
that has been agreed upon by Parks & Recreation. It was agreed that the outlot will act as
a temporary boundary in order to allow flexibility with the future platting of the multi-
family and to allow for construction of the park area.
Wetlands
Wetlands are found on both the east and south side of the development. The wetland on
the east has been categorized as a Manage 2 and the southern wetland as Manage 1
according to a Wetlands and Waterbody Classification. These wetland areas are required
to maintain a wetland buffer area of natural vegetation in addition to a 10' setback from
the buffer.
The wetland and ponding areas are shown in outlots 'B' & 'c' of the plat. The Manage 1
wetland south of the park and north of 200th Street will be outloted likely during the
platting ofthe multi-family.
3
.
.
.
Engineering
Attached are the engineering review comments from City Engineering staff that were forwarded
to the developer's engineer. Staff feels most of these issues can be resolved before City Council
approval, and all must be resolved before a Development Agreement is signed.
ACTION REQUESTED
Approve the Charleswood 3rd Addition Final Plat and forward the Final Plat and resolution to the
City Council contingent upon:
I) Engineering review and approval of final construction plans;
2) Amend the Landscape plan excluding Sugar Maples with another species accepted in Title
10-6-14 (G)
Michael Schultz
Associate Planner
cc:
Steve Juetten, Genstar Land Company
4
.
.
.
RESOLUTION NO.
APPROVING FINAL PLAT
CHARLESWOOD 3RD ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington,
Minnesota, was held in the Council Chambers of said City on the 151 day of May, 2000 at 7:00 P,M,
Members Present:
Members Absent:
Member _ introduced and Member _ seconded the following:
WHEREAS, an application meeting City requirements has been filed seeking fmal plat review and
approval for Charleswood 3rd Addition; and
WHEREAS, the Planning Commission reviewed and recommended City Council approval of the fmal plat
at its meeting held on the 13th day of June, 2000; and
WHEREAS, a public hearing regarding the proposed development was held by the Planning Commission
on the 11th day of January, 2000 after notice of the same was published in the official newspaper of the City
and proper notice sent to surrounding property owners; and
WHEREAS, the City Council reviewed the preliminary and final plat; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by
municipal service.
NOW, THEREFORE, BE IT RESOLVED that the final plat be approved and that the requisite
signatures are authorized and directed to be affixed to the final plat conditioned on the following:
1. Developer shall execute a Development Contract with the City specifYing the Developer's
obligations, and the City shall review and approve all required plans.
2, The Developer reimburses the City for all engineering, administrative, legal and SWCD costs.
3. The Developer agrees to furnish the City one (l) reproducible and one (l) eight and one-half inch
by eleven inch (8 W' x 11") reproducible copy of the filed plat in accordance with Title 11,
Chapter 3, Section 3 (E) of the City Code.
This resolution adopted by recorded vote of the Farmington City Council in open session on the _ day
of , 2000.
Mayor
Attested to the _ day of
,2000,
City Administrator
.
.
.
June 8, 2000
Mr. Dwight Jelle
Westwood Professional Services
7599 Anagram Drive
Eden Prairie, MN. 55344
RE: Charleswood III Construction Plan Review
Dear Mr. Jelle,
Engineering staff has reviewed the construction plans that were submitted for the above
referenced project. The following comments need to be addressed prior to the next
submittal:
General Comments
1. Configure street light layout to maintain a 400' spacing, at all intersections, and at the
end of all cul-de-sacs.
2. Provide soil reports.
3. Provide signage schedule for which signs will be placed at each location.
4. Modify specification (Special Provisions, 3. Materials, Part A) to require epoxy
coated fittings, per the Lee Mann memo dated May 12,2000.
5. Modify specification (Special Provisions, 3. Materials, Part D) to require ballcorp
Corporation Stops.
6. Modify specification (Special Provisions, 3. Construction Requirements, Part C4) to
say that Megalugs will be allowed on hydrant leads.
7. Add a note to the specification noting that conductivity testing shall be performed
before hydrostatic testing.
8. Add a note to the specification (Special Provisions, 4. Materials) to note that all
draintile shall be ridged, thermoplastic pipe. Flexible draintile will not be allowed.
9. Add all relevant City of Farmington Standard Plates to the plans or specifications,
including: STR-OI, STR-02, STR-03, STR-05, STR-06, STR-09A, STR-I7, STR-I8,
STR-I9, STR-2I, STR-24, SAN-OI, SAN-02, SAN-04, WAT-OI,
WAT-02, WAT-05, STO-OI, STO-02, STO-03, STO-04, STO-05,
STO-07, STO-08, STO-09, STO-lO, STO-II, STO-I5, BED-OI, BED-02,
BED-03, SER-OI, SER-02, ERO-OI, ERO-02, ERO-04, ERO-05,
ERO-08, GEN-OI, GEN-09, GEN-lO, GEN-12
.
.
.
Sheet 1 - Title Sheet
'--
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1. Modify City signature block to say "Reviewed by City Engineer".
2. City project number is 00-08.
Sheet 2 - Overall Plan
1. Number all fire hydrants.
2. Note 2 under "General Notes" should be made into two sentences.
3. Note 3 under "General Notes": The word necessary needs to be replaced with
necessarily.
Sheet 3 - Sanitary & Watermain (Evensong Avenue)
1. Modify note "End Services 10' Beyond P/L" to say 15'.
2. Edit note at north end of Evensong Avenue to leave the existing 8" gate valve
installed, and to remove and salvage the hydrant and reducer.
3. Number all fire hydrants.
4. List project benchmarks (Two per sheet).
5. Sanitary sewer between MH-5 and MH-6 needs to SDR-26 PVC.
6. Sanitary sewer between MH-5 and MH-4 needs to be SDR-26 PVC.
7. Extend profile lines for MH -4 to proposed elevation.
8. Show risers for Lots 7-8, Block 2 and Lot 15, Block 4, to raise the sanitary service
above 14.5'.
9. Show length, size, and type of pipe for the sanitary in the plan view.
10. Show size and type of pipe for watermain in the plan view.
Sheet 4 - Sanitary & Watermain (Evensong Avenue & Export Trail)
1. Number all fire hydrants.
2. Extend profile lines for MH-4 to proposed elevation.
3. Modify note "End Services 10' Beyond P/L" to say 15'.
4. List project benchmarks (Two per sheet).
5. Service location in the plan view does not match the distance from the manhole in the
profile view for Lot 15, Block 4.
6. Show sanitary service risers and riser heights for all sanitary sewers deeper than
14.5'.
7. Trim profile lines for MH-2 to proposed elevation.
8. Show length, size, and type of pipe for the sanitary in the plan view.
9. Show size and type of pipe for the watermain in the plan view.
10. In the profile view, MH-3 on Export Trail is drawn as a drop manhole but as a
standard manhole on Evensong Avenue.
11. Modify Note A to provide 2.0' of vertical separation under the storm sewer.
12. Plan view shows 540' of 6" DIP watermain, but the profile only shows 420'.
Sheet 5 - Sanitary & Watermain (Executive Path)
.
1. Number all fire hydrants.
2. Modify note "End Services 10' Beyond P/L" to say 15'.
3. List project benchmarks (Two per sheet).
4. Show length, size, and type of pipe for the sanitary in the plan view.
5. Show size and type of pipe for the watermain in the plan view.
6. Sanitary sewer between MH-5 and MH-13 shall be SDR-26 PVC.
7. An unneeded 2.0' riser is drawn between MH-I5 and MH-16. Also, the service
location in the profile view does not match the location in the plan view.
,
Sheet 6 - Sanitary & Watermain (Exchange Trail & Evensong Court)
1. Number all fire hydrants.
2. Modify note "End Services 10' Beyond P/L" to say 15'.
3. List project benchmarks (Two per sheet).
4. Show length, size, and type of pipe for the sanitary in the plan view.
5. Show size and type of pipe for the watermain in the plan view.
6. At the west end of Exchange Trail, install an 8" gate valve at the connection to
existing to maintain water service to residents of previous construction.
7. Sanitary sewer between MH-6 and MH-I8 shall be SDR-26 PVC.
8. Show sanitary service risers and riser heights for all sanitary sewers deeper than 14.5'
(Evensong Court).
9. Add to Note C: Maintain 2.0' of separation.
. Sheet 7 - Storm Sewer & Street Construction (Evensong Avenue)
1. List project benchmarks (Two per sheet).
2. Show size and type of pipe for the storm sewer in the plan view.
3. Provide two invert elevations for CBMH-II5 and CBMH-96.
4. Provide three invert elevations for STMH-110.
5. Note type of curb.
6. Note all watermain and sanitary sewer crossings in the profile view.
7. Trim profile lines for STMH-I03 and CBMH-96 to the proposed elevation.
8. Extend profile lines for STMH-IlO and CBMH-106 to the proposed elevation.
9. Show existing grades in the profile view.
10. Modify Casting Note to say that catch basin sump depths shall be 0.10 feet.
Sheet 8 - Storm Sewer & Street Construction (Evensong Avenue & Export Trail)
1. List project benchmarks (Two per sheet).
2. Show size and type of pipe for the storm sewer in the plan view.
3. Denote a FES on the end of the stub from CBMH-90, and number the FES.
4. Eliminate all notes regarding size, type, and length of future storm sewer. Simply
label as future storm sewer.
5. Show existing grades in the profile view.
6. Provide a temporary ditch at the FES, with drainage to a sedimentation basin.
. 7. Modify Casting Note to say that catch basin sump depths shall be 0.10 feet.
.
.
.
Sheet 9 - Storm Sewer & Street Construction (Executive Path)
1. List project benchmarks (Two per sheet).
2. Show size and type of pipe for the storm sewer in the plan view.
3. Show existing grades in the profile view.
4. Trim profile lines for STMH-103 to the proposed elevation.
5. Extend profile lines for CBMH -104 to the proposed elevation.
6. Modify Casting Note to say that catch basin sump depths shall be 0.10 feet.
o~~
Sheet 10 - Storm Sewer & Street Construction (Exchange Trail & Evensong Court)
1. List project benchmarks (Two per sheet).
2. Show size and type of pipe for the storm sewer in the plan view.
3. Show existing grades in the profile view.
4. Reconfigure storm sewer in Evensong Court such that the storm line stays within the
street.
5. Trim profile lines for STMH-103 to the proposed elevation.
6. Extend profile lines for CBMH-104 to the proposed elevation.
7. Easement over storm sewer (CBMH-107 to CBMH-108) needs to be 30' (15' each
side of storm sewer).
8. Modify Casting Note to say that catch basin sump depths shall be 0.10 feet.
Sheet 11 - Park Trail Construction
1. If entire trail system is to be constructed, change line types so that they are all the
same. If the system is to be only partially paved, then show the construction limits.
Please address each of these comments and re-submit the plans and additional
information requested. If you have any questions, please contact me at (651) 463-1601.
Sincerely,
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc:
File
Larry Frank, Arcon Development
David Olson, Community Development
Lee Smick, City Planner
.
.
.
City of Farmington
325. Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
March 10, 2000
Steve Juetten, Project manager
Genstar Land Company Midwest
11000 West 78th Street, Suite 201
Eden Prairie, Minnesota 55344
Dear Mr. Juetten,
I would like to thank you for meeting with staff this morning to discuss the park plans for the Charleswood
Addition. The following list indicates the agreed upon items needed for the park and the responsible party:
Genstar's <;QJ!strQ~tion and/or Cost
. '~vide'8lU.._entfo .., City for the park area until the multiple bousina areais~i~'
. Rough grades the park area. .. -. .
. Provide only one (l) access to the park and trail from the single family housing area.
. Construct an eight- (8) footpath along the north side of203rd Street. If the developer determines that a concrete
path is more appealing for the project, the City will pay 1/2 of the additional cost of three (3) extra feet of width.
Genstar's Construction and City Cost (Letter of Credit Reduction)
. Final grading and seeding of the park area. The City will provide the seed specifications to the developer.
. Installation of the ag lime infield. The City will provide the specifications to the developer.
. Construct an eight- (8) foot wide bituminous trail from the intersection of Everest Ave. to the park.
. The City will design the play structure, backstop and basketball court. The developer will invoice and have the
equipment installed, per City plans.
. The City will study and determine the type of bridge to be placed from the park to the island.
As development of the remaining Genstar land continues, more parks related items may need to be constructed or
designed within the development. Staff will continue to work with you on these issues.
Thank you again for you assistance in this process.
Yours truly,
James Bell
Parks and Recreation Director
Cc: PARAC
Lee Smick, Planning Coordinator
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Variance from Minimum Setback Requirements in R-2 Zoning District
Tim & Kelly Dougherty - 517 Spruce Street
DATE:
June 13,2000
,
INTRODUCTION
The applicants, Tim & Kelly Dougherty are seeking a variance to construct a two-stall garage within the
minimum side yard setback in an R-2 zone.
Plan nine Division Review
Applicant:
Tim & Kelly Dougherty
517 Spruce Street
Farmington, MN 55024
Attachments:
1. Applicant's Site Plan
2. 10-8-6: Variances
Location of Property:
517 Spruce Street
Lot Area:
10,500 square feet
House Area:
600 square feet
Garage Area:
480 square feet
Surrounding Land Uses:
Single-family residential surrounds the property.
Existing Zoning:
R-2 Medium Density Residential
Comprehensive Plan:
Low/Medium Density
DISCUSSION
The applicants, Tim & Kelly Dougherty, are interested in discussing their options for a variance to the
minimum side yard setback of 6 feet in the R-2 zone for the construction of a two-stall garage on their lot.
The applicants recently demolished their original two-stall garage a few weeks ago in expectation that
they could construct a new garage utilizing the existing foundation,
.
.
.
The garage foundation is located two feet from the property line and the Dougherty's are requesting a 4-
foot variance from the minimum side yard setback of 6 feet required in the R-2 zone. The applicant wants
to keep the new garage in the same location. The applicant feels that if the garage were moved to the
west towards the house 4 feet to meet the minimum side yard setback, it would be difficult to maneuver a
vehicle into the westerly stall without grazing the house comer, Additionally, a shed exists behind the
garage foundation and the applicant feels that the garage couldn't be moved further back to allow for
additional maneuvering room without taking down the shed.
The applicant has discussed his plans with the neighbor to the east, and the neighbor sees no problems
with the construction of the garage on the existing foundation.
The following requirements need to be justified to allow the 4-foot variance:
1). Literal enforcement ofthis Title would result in undue hardship with respect to the property.
Staff response: The lot was platted before 1910 with a 60-foot lot width similar to those platted along
the north side of Spruce Street, therefore no hardship has been determined. Additionally, the shed
may be relocated on the lot at the owner's expense allowing the garage to be setback further to the
north providing for more maneuvering for vehicles while meeting the 6- foot minimum side yard
setback requirements. A financial hardship cannot justifY a variance.
2). Such unnecessary hardship results because of circumstances unique to the property.
Staff response: As mentioned above, no hardship has been determined,
3). The hardship is caused by provisions of this Title and is not the result of actions of persons presently
having an interest in the property. Staff response: As mentioned above, no hardship has been
determined,
4). The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest. Staffresponse: As mentioned above, no hardship has been determined.
5), The variance does not permit a lower degree of flood protection than the flood protection elevation
for the particular area or permit standards lower than required by State law. Staff response: Not
applicable.
ACTION REQUESTED
Staff recommends that the applicant not apply for a variance to the minimum side yard setback in an R-2
zone because it does not meet any of the criteria to prove a hardship for a variance,
Sincerely,
~Lf2-
Lee Smick, AICP
Planning Coordinator
cc: Tim & Kelly Dougherty
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Commission. The amount of the surety may be increased or
decreased by the City Administrator to reflect inflation, changed
conditions, or compliance with permit conditions. (Ord. 094-340,
11-21-1994)
1 0-8-6: VARIANCES: The Board of Adjustment shall have the power
to vary from the requirements of this Title, and to attach
conditions to the variance as it deems necessary to assure compliance with
the purpose of this Title. Any variances dealing with land in flood plains
shall comply with requirements listed in Chapter 10, Flood Plain
Management, of this Title. (Ord. 093-323, 12-6-1993)
(A) The following exhibits shall be required unless waived by the Zoning
Officer:
1. A boundary surveyor an area survey including the property in
question and three hundred feet (300') beyond showing: topography,
utilities, lot boundaries, buildings, easements and soil test data if
pertinent.
e."
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2. A site development plan showing buildings, parking, loading,
access, surface drainage, landscaping and utility service. (Ord.
086-177, 3-17-1986)
(B)
Procedure for obtaining a variance from the regulations of this Title
are as follows:
1. The property owner or agent shall file with the Zoning Officer an
application form together with required exhibits plus a filing fee in an
amount established annually by the City Council. (Ord. 086-177,
3-17-1986)
2. The Zoning Officer 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. (Ord. 094-339, 11-21-1994)
3. The Board of Adjustment shall, within sixty (60) days of submittal
of all required exhibits, approve, deny or approve under conditions
accepted by the applicant.
(C) The Board of Adjustment may vary the regulations of this Title if all
of the following requirements are met:
I.",
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398
City of Farmington
~~~~~::;';:V~:;~':~'''.''';'~'. """" ""~'..t_"i.l1" "~
10-8-6
1 0-8-7
.
1. Literal enforcement of this Title would result in undue hardship
with respect to the property.
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2. Such unnecessary hardship results because of circumstances
unique to the property.
3. The hardship is caused by provisions of this Title and is not the
result of actions of persons presently having an interest in the
property .
4. The variance observes the spirit and intent of this Title, produces
substantial justice and is not contrary to the public interest.
5. The variance does not permit a lower degree of flood protection
than the flood protection elevation for the particular area or permit
standards lower than required by State law. (Ord. 086-177,
3-17-1986)
.
(0) Upon appeal of a decision by the Board of Adjustment, the Zoning
Officer shall set a public hearing, transmit the application directly to
the City Council, and mail a notice to the Board of Adjustment and
property owners adjacent to the subject property disregarding public
rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board
of Adjustment with a four-fifths (4/5) vote of the City Council. (Ord.
097 -393, 4-7-1997)
10-8-7: 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.
.
398
City of Farmington
_ _,_.,~__,~~_____...,~,-r-,"l;"~__;,",:",......::.:'r-'-"'.-
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.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ct.farmington.mn.us
TO:
City Planning Commission
FROM:
David L. Olson
Community Development Director
SUBJECT:
Discussion on the Status of the Dave King Conditional Use Permit
to Move a Duplex within an R-2 (Medium Density) Zoning
District on Property Located at 300 I st Street
DATE:
June 13,2000
INTRODUCTION
This memo is to update the Planning Commission on the status of the Dave King
Conditional Use Permit to construct a duplex within an R-2 zoning district that was
. approved on June 8th of last year.
DISCUSSION
Mr. King received a conditional use permit on June 8, 2000 in order to move in and
remodel a duplex unit within an R-2 (Medium Density) zoning district. Also approved at
that meeting was a variance permit (to encroach into the front yard setbacks, utilizing the
existing foundation) and a special exception permit (to move the structure into the City
along public streets).
Section 10-8-8 of the City Code addresses the invalidation of the granting of a
conditional use permit or variance after one year (see attached 10-8-8: Invalidation).
On March 8, 2000 a letter was sent out to Mr. King inquiring the status of the conditional
use permit and to inform him of the I-year invalidation date. The letter explains that
"substantial progress" must be made on the project before the June 8, 2000 deadline. At
that time substantial progress was determined to mean that the house must be moved onto
the property. Upon further discussions with the City Attorney's Office, it was
determined that substantial would, at a minimum would have to include approval
building permit and the start of foundation work (see attached May 19,2000 letter).
.
On May 31, 2000, Mr. King met with city staff concerning the status of the project and to
obtain a building permit application for the foundation work. Upon recommendation of .
city staff, Mr. King submitted a letter outlining the status of the project, explaining that
unforeseen title work held up the loan. The letter also requests a 60-day extension from
the Commission to complete the project.
Below is a chronological time line describing the events of the property:
. January 14, 1998: Fire occurred within the home
. February 6, 1998: Letter sent to then property owner Me! Neumann concerning
hazardous building
. February 17, 1998: Letter returned
. February 18, 1998: Mr. Neumann contacted by phone, read contents of letter over
phone
. February 19, 1998: Re-sent letter to Mr. Neumann -letter received - no action taken
. February 24, 1998: Letter sent via the Farmington Police Department giving him 3
days to clean up yard
. February 25, 1998: Mr. Neumann contact staff, request for additional time, request .
denied
. April 18 and 21, 1998: Mr. Neumann contacts City indicating that an appraisal will be
done on the property and that it will be razed sometime shortly after that.
. Spring 1999: Mr. King gains control of the property by assuming the back taxes on
the property.
. June 8, 1999: Planning Commission approves Conditional Use Permit (duplex within
an R-2 zone), Variance Permit (locate duplex on less than minimum lot size) and
Special Exception Permit (move structure into City) for Mr. King.
. July 13, 1999: Planning Commission approves Variance Permit (Encroach into front
yard setbacks) for Mr. King.
. August 6, 1999: Demolition Permit pulled by Mr. King.
. March 8, 2000: Letter sent by staff to Mr. King informing him of the June 8, 2000
deadline (I-year "Invalidation" date) and that "substantial progress" must be made.
An application for extension of both the CUP and the variance was included upon
recommendation of the City Attorney's office.
.
.
On May 31, 2000, Mr. King met with city staff concerning the status of the project and to
obtain a building permit application for the foundation work. Upon recommendation of
city staff, Mr. King submitted a letter outlining the status of the project, explaining that
unforeseen title work held up the loan. The letter also requests a 60-day extension from
the Commission to complete the project.
Below is a chronological time line describing the events of the property:
. January 14, 1998: Fire occurred within the home
. February 6, 1998: Letter sent to then property owner Mel Neumann concerning
hazardous building
. February 17, 1998: Letter returned
. February 18, 1998: Mr. Neumann contacted by phone, read contents of letter over
phone
. February 19, 1998: Re-sent letter to Mr. Neumann -letter received - no action taken
. February 24, 1998: Letter sent via the Farmington Police Department giving him 3
days to clean up yard
. . February 25, 1998: Mr. Neumann contact staff, request for additional time, request
denied
. April 18 and 21, 1998: Mr. Neumann contacts City indicating that an appraisal will be
done on the property and that it will be razed sometime shortly after that.
. Spring 1999: Mr. King gains control of the property by assuming the back taxes on
the property.
. June 8, 1999: Planning Commission approves Conditional Use Permit (duplex within
an R-2 zone), Variance Permit (locate duplex on less than minimum lot size) and
Special Exception Permit (move structure into City) for Mr. King.
. July 13, 1999: Planning Commission approves Variance Permit (Encroach into front
yard setbacks) for Mr. King.
. August 6, 1999: Demolition Permit pulled by Mr. King.
. March 8, 2000: Letter sent by staff to Mr. King informing him of the June 8, 2000
deadline (I-year "Invalidation" date) and that "substantial progress" must be made.
An application for extension of both the CUP and the variance was included upon
recommendation of the City Attorney's office.
.
.
. May 17 & 19, 2000: City staff discusses with Mr. King what will be considered
"substantial progress". Mr. King agrees with the decision that 1) an approved
building permit is issued and 2) work begin commencing on preparation of the
foundation.
. May 19, 2000: Follow-up letter sent to Mr. King describing conversation and
agreement of terms relating to the May 17th and 19th telephone conversations.
. May 31, 2000: Mr. King meets with John Manke, Building Official and Michael
Schultz, Associate Planner concerning the status of his project and to pick-up a
building permit application. Upon staff recommendation, Mr. King submits a letter
outlining the status of the title work needed for the loan and to request a 60-day
extension to complete the project.
. June 8, 2000: Mr. King contacts staff by phone to inform that the title work should be
completed soon and that loan has been approved.
Staff is still awaiting the following information:
.
. Building permit application for foundation
. Information concerning the moving of the structure (i.e. streets to be used, sureties,
County Permit)
. Letters of Credit (to be determined by staff, has not been calculated at this time)
PLANNING COMMISSION DETERMINATION
Based consultation with City Attorney, the role of the Planning Commission at this time
is to determine whether "substantial progress" has been made in relative to the previously
approved conditional use permit. Mr. King has indicated in his attached letter that status
of the project and the issues yet to be resolved. Based on the staff's previous
determination of what constitutes "substantial progress," it would be the opinion of staff
that this has not been met in the case of this property.
If it is determined that substantial progress has not been made, Mr. King would have the
option of appealing this determination to the City Council or to re-apply for a new
conditional use permit which would require a new public hearing process and
notification. No further work to implement the original conditional use permit until the
appeal or new application was approved.
POSSIBLE RELATED CITY COUNCIL ACTION
.
Based on the outcome of the determination of "substantial progress" on the original
conditional use permit by the City Planning Commission, and any subsequent action by
Mr. King, the City Council will need to determine whether it wishes to petition the
District Court for a determination that the remaining existing foundation constitutes a
"hazardous building" and to seek an order from the District Court to abate the hazardous
conditions on the property. .
ACTION REOUESTED:
Determination as to whether "substantial progress" has been made regarding the
conditional use permit that issued to move a duplex on 300 1 st Street.
7ffill1Ye/
David L. Olson
Community Development Director
Cc: Dave King
.
.
.
.
.
"hazardous building" and to seek an order from the District Court to abate the hazardous
conditions on the property. .<>
ACTION REQUESTED:
Determination as to whether "substantial progress" has been made regarding the
conditional use permit that issued to move a duplex on 300 I st Street.
Re~IYe,
David L. Olson
Community Development Director
Cc: Dave King
.
S/300
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.
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)
10-8-8: INV ALIDA TION: If within one year from the date of granting
a conditional use or variance, upon recommendation of the
Zoning Officer, substantial progress has not been made to implement its
purpose. the Board of Adjustment shall declare the conditional use or
variance null and void. (Ord. 086-177. 3-17-1986)
10-8-9: NONCONFORMING USES: The Board of Adjustment shall
have the power to authorize changes of lawful nonconforming
uses as followS:
(A)
A nonconforming use which occupies a portion of a structure may be
extended within such structure as it existed when this Zoning Title
was enacted but not in violation of the area and yard requirements of
the zoning district.
.
(B)
A new nonconforming use may be created in an existing structure to
replace a lawful nonconforming use, provided that the owner agrees
in writing that:
1. The proposed nonconforming use will entail no structural changes
or additions other than those required for purposes of safety, health
and aesthetics.
2. The proposed use will be limited by all provisions of the section of
this Title regulating nonconforming uses. (Ord. 086-177. 3-17-1986)
10-8-10: AMENDMENTS: This Title may be amended whenever the
public necessity and convenience and the general welfare
require such amendment. All amendments relating to flood plain areas shall
follow provisions outlined in Chapter 10, Flood Plain Management, of this
Title. All others shall be guided by the following: (Ord. 093-323, 12-6-1993)
(A) Proceedings for amendment of this Title shall be initiated by:
.
296
City of Farmington
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.fannineton.mn.us
May 19,2000
David King
3245 Vennillion River TrI
Farmington, MN 55024
Dear Mr. King,
This is a follow-up letter to our phone conversations on May 17th and on May 19, 2000
concerning what progress needs to be occur to avoid any further City action of possible
nullification of the June 8, 1999 approved Conditional Use Pennit for the property located at 300
1 st Street. City staff would consider the following as "substantial progress":
1. Application for and issuance of a building permit
2. Work commencing on the site to prepare the foundation for the structure.
.
These requirements must be approved and commencing before the June 8. 2000 deadline to
avoid any follow-up action by the City. The completion of those two actions only does not in
any way clear you of the "substantial progress" of completing the intended use of the property.
Any further continued delays of moving the structure onto the property and/or completing
renovation of the exterior of the structure could initiate further action by the City.
The City will make a determination of the surety amount equal to the cost of the work to be done
to ensure completion of the project. this amount will be based on but is not be limited to:
a. street repair for oversize loads on City streets;
b. landscaping;
c, close driveway access to Elm Street;
d. exterior renovation of the house
Please see the attached information relating to Special Exceptions and the Planning Commission
minutes of June 8. 1999.
If you have any questions or comments in reference to this letter please contact me at (651) 463-
1821.
.
cc: David L. Olson, Community Development Director
~
.
.
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
March 8, 2000
David King
3245 Vennillion River Trl
Fannington, MN 55024
RE: 300 1st Street Property
Dear Mr. King,
This letter is to infonn you of the current status of your conditional use pennit for the property
located at 300 1st Street.
On June 8, 1999 the Planning Commission approved a conditional use pennit and variance to
locate a duplex unit within the R-2 zoning district. Also approved at that meeting was a special
exception penn it to move the proposed structure into the city.
The City Code requires that substantial progress be made within 1 year of the date the pennit(s)
were approved (see attached Section 10-8-8) or the pennit(s) will be invalidated. If the structure
is not moved on the site by June 8, 2000, you will need to seek an extension of the Conditional
Use and Variance.
An application for extension for both the CUP and variance is attached for your use. The
extension request should include a tentative schedule that should include when the project will
commence, site preparation, pulling building penn its, submitting sureties, moving the structure
on site, remodeling the structure and completing the project. The Plan.ning Commission and City
Council will make the detennination ofthe length of extension to allow completion of the project.
Also, the fencing around the foundation has again fallen and should be maintained to protect
against any liability of possible injury.
If you have any questions please contact me at (651) 463-1821.
Michael Schultz
Associate Planner
cc:
David Olson, Community Development Director
John Manke, Building Official
Joel Jamnik, City Attorney
Property file
.
.
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June 8, '999
Planning Commission
Minutes
MOTION by Ley. second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Larson contingent on the compliance of the above
requirements. second by Ley. APIF, MOTION CARRIED.
4.
Chair Rotty opened the scheduled public hearing for David King who is seeking a
conditional use pennit to establish a duplex within an R-2 zoning district. a variance from
the minimwn lot size for duplexes and special exception permit to move a duplex
structure along City streets and locate at 300 1 II Street. '
Associate Planner Schultz presented the conditional use. variance and special exception
permits to the Planning Commission. The duplex is currently located in Scott County.
The existing structure on the property was damaged by tire in January of 1998.
The applicant proposes to raze the building and the garage and locate the duplex on the
existing house foundation. The applicant needs to apply for a variance to the front yard
setback for a future Planning Commission meeting.
Chair Rotty requested comments from the applicant.
David King, 3245 VermilUon River Trail: An existing duplex has already been moved
and needs anew location and is a ready-made duplex. There is no need to divide the
structure. ' Will set the structure on the existing house location and extend the foundation
23 feet to the west. WiUre-roofstructure and install neW chipboard and.vinylsidingon
the structure. Will look like new home after completed. Will rent both units.
Larry Oldenburg, neighbor: Is this a split entry or will it have a full basement? Is it
two bedrooms? Will you rent out four units?
David King, 3245 Vermillion River Trail: The units will have fun basements and
could be used as a third bedroom because of the installation of egress windows in the
basement. The sides of the structure will be split entries. There will only be two units for
rent. No drive will be located off of Elm Street.
LArry Oldenburg, neighbor: Who owns the property? Will the units be three
bedrooms?
David King, 3245 Vermillion River Trail: I own the property and I will leave the
option open for 2 three bedroom units.
Bob Richardson, 35 Elm Street: Would the entrance off of Elm Street be used or
closed? Would the garage be a new structure or a used structure?
David King, 3245 Vermillion River Trail: Elm Street access would be closed because
of the reconstruction of Elm Street. The garage would be a new structure and would be
accessed off of 151 Street.
Luanne Richardson, 35 Elm Street: Will Mr. King be the landlord?
David King, 3245 Vermillion River Trail: I will not live on the property. but I will be
the landlord.
June 8, ) 999
Planning Commission
Minutes
Chairman Rotty: Mr. King, are you aware of the contingencies and do you agree with
them?
.
David King, 3245 Vermillion River Trail: Yes.
Mr. King understands that he has 60-days to upgrade the exterior of the structure and 90-
days to landscape the lot after the structure is set on the foundation per the requirementll
of the City Code.
David King, 3245 Vermillion River Trail: Will remove the existing structure and leave
the floor and foundation only so rain or kids can't access the basement. Will begin
construction towards the end of August. Will put up orange fence around foundation.
Commissioner Ley: Is there a problem with the front yard setback? If we deny the front
yard setback variance will this stop the project? I have asked Mr. King if he has spoken
with Dakota County concerning the widening of Elm Street. Has he done thill?
David King, 3245 Vermillion River Trail: No.
Associate Planner Schultz: Staff is under the impression that the County does not need
right-of-way needs in this area.
Commissioner Ley: Need to contact the County Engineer.
MOTION by Ley, second by Larson to close the public hearing. APIF, MOTION
CARRIED.
.
Contingencies to the approval include the following:
1. Applicant secure all proper pennits including:
a) Building Pennits
b) Demolition Pennit
c) Oversize Load Pennit from MNDOT
d) Any Engineering Pennits (i.e. curb breaking, additional water stub out)
e) Necessary setback variance if the existing foundation is to be utilized.
2. Applicant complete an upgrade of exterior of structure within 60 days and any
appropriate landscaping (to be detennined by staff) within 90 days upon approval
of pennit.
3. Applicant deliver an acceptable surety equal to the cost of the work to be done to
ensure completion.
4. Applicant remove the driveway access onto Elm Street.
] . MOTION by Ley, second by Larson to approve the conditional use pennit based
upon the above contingencies. APIF, MOTION CARRIED.
2. MOTION by Ley, second by Larson to approve the variance based upon the
above contingencies. APIF, MOTION CARRIED.
3. MOTION by Ley, second by Larson to approve the special exception pennit to
move the structure over City streets and based upon the above contingencies.
APIF, MOTION CARRIED.
.
.
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TO: City Planning Commission
FROM: Michael Schultz, Associate Planner
SUBJECT: Conditional Use Permit - Duplex in R-2 Zoning District
Variance - Minimum Lot Size
Special Exception Permit - House Moving
DATE: June 8, 1999
INTRODUCTION
David King, 3245 Vennillion River Trail, is applying for both a conditional use permit to
locate a duplex within an R-2 (Medium Density) zoning district and a variance from the
minimum lot size requirement. The applicant also is applying for a special exception
permit to move the structure over city streets.
Plannin~ Division Review
Applicant~
David King
3245 Vermillion River Trail
Farmington, MN
Attachments:
I. Location Map
2. Pictures of Structure
3. Applicants Site Plan
Reference:
1. 10-8-5: Conditional Uses
2. 10-8-7: Special Exceptions
Subject Property:
300 15t Street
(SW comer of 15t Street and
Elm Street)
Legal Description:
N 75 feet oflots I and 2,
Block 14, Town of Farmington
Lot Size:
9,032 square feet
Current Zoning:
R-2 (Medium Density)
.
Surrounding Zoning:
R-2 (Medium Density)
surrounds property except B-2
located on NE comer of 1 st and
Elm Streets (reference City
Zoning Map)
Comprehensive Plan:
Low/Medium Density
Current Land Use:
Unrecognized Two-family-
Vacant
Surrounding Land Uses:
Single-family, Multi-family and
Commercial
DISCUSSION
David King has made application to the City for the approvals of a conditional use permit to
locate a two-family (duplex) unit within an R-2 (Medium Density) Zoning District, a
variance to the minimum lot size (11,000 square feet required) and a special exception
permit to move the structure along public streets.
.
The existing structure on the property was damaged by a fire in January 1998 and has sat
vacant since that time. The house served as a duplex although was not formally recognized
by the City through a conditional use permit.
Mr. King proposes to raze the existing damaged structure along with the garage and replace
it with a duplex unit that would be positioned over the existing foundation. (The applicant
plans to make application for a variance to the front yard setback for the next Planning
Commission meeting upon approval of the current applications.) The applicant also plans
on placing a two-stall garage on the property with parking in the drive, access would come
off of 1 st Street. The applicant intends to reside the home with vinyl siding, install new
insulation, windows and possibly a new fascia.
The proposed structure to be moved onto the property is a rambler style house measuring
twenty feet (20') by sixty-four feet (64'). The age of the structure is estimated in the mid-
1970's, and the estimated value of the structure will equal or be greater than those
properties surrounding the home after remodeling. The applicant and the contractor will
make the appropriate applications to MNDOT and Dakota County for moving the structure
along State and County highways; and staff will coordinate any issues that may arise with
both the contractor and MNDOT. Mr. King will need to apply for building permits for the
appropriate work done to the structure.
.
A variance for the placement of the structure is required due to the size of the lot at 9,032
square feet. Planning Commission has established recent precedence in granting variances
allowing duplexes on nonconforming lots. In June of 1994 the Commission approved a
.
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variance for William Olson to convert a single-family house at 409 Oak Street into a duplex
situated on a 10,200 square foot lot. Do we want A hardship can be claimed due to the
splitting of the property around 1956 from the typical 10,000 plus square foot lots found on
the block to the existing lot size (the property was split from the north 75 feet of lots 1 and
2).
Staff feels that the applicant is making appropriate reuse of the property by re-establishing a
duplex on the subject site and having the City formally recognize the land use through
proper permitting.
ACTION REOUESTED
Staff recommends the Commission approve the conditional use permit, special exception
permit and variance in order for the applicant to move in an existing duplex structure onto a
less than minimum size lot in an R-2 zoning district contingent upon the following:
1. Applicant secure all proper permits including
a. Building Permits
b. Demolition Permit
c. Oversize Load Permit from MNDOT
d. Any Engineering Permits (i.e. curb breaking, additional water stub out)
e. Necessary setback variance if the existing foundation is to be utilized
2. Applicant complete an upgrade of exterior of structure within 60 days and any
appropriate landscaping (to be determined by staff) within 90 days upon approval of
permit.
3. Applicant deliver an acceptable surety equal to the cost of the work to be done to ensure
completion.
Sincerely Submitted,
Michael Schultz
Associate Planner
cc: David King
L _ _ _ _