HomeMy WebLinkAbout11.09.99 Planning Packet
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AGENDA
PLANNING COMMISSION
Regular
November 9, 1999 at 7:00 P.M.
Council Chambers
325 Oak Street
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
a)
October 12, 1999
b)
October 26, 1999
3.
PUBLIC HEARINGS
7:00 PM
a) Application for a Conditional Use Permit - Commercial Recreation and Equipment and
Maintenance Storage
Applicant: John & Matthew Tschohl
b)
Application to Rezone Lots Property from C-l (Conservation) and A-I (Agriculture) to R-l
(Low Density-Residential)
Applicant: Bernard Murphy/Farmington Lutheran Church
c) Application for Variance, Pylon Sign to Encroach within Front Yard Setback
Applicant: Progress Land Company
4. DISCUSSION
a) None
5. ADJOURN
Planning Chair:
Planning
Commissioners:
City Staff:
Dirk Rotty
Todd Larson, Ronald Ley, Chaz Johnson, Tim Dougherty
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate Planner
.c::'
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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 commi~Si
Lee Smick, AICP
Planning Coordinator
FROM:
SUBJECT:
Application for a Conditional Use Permit - Commercial Recreation and
Equipment and Maintenance Storage
DATE:
November 9, 1999
INTRODUCTION
Mr. John Tschohl and his son Matthew are seeking a Conditional Use Permit for a Commercial
Recreation Use (Climbing wall) and Equipment and Maintenance Storage (Car repair) within a
proposed 42' x 60' building.
. DISCUSSION
The Planning Commission met on October 26, 1999 to discuss the Conditional Use Permit. At
the meeting the Planning Commission learned that the applicants were lessees of a portion of the
property originally owned by the applicants. Additionally, there were a number of issues raised
that forced the Planning Commission to continue the review of the CUP to the November 9, 1999
meeting. The Commission requested City staff to review and respond to the following issues:
1. Mr. Tschohl no longer owns the property that the proposed building will be located on. Mr.
Babe Murphy has purchased the property and has signed an agreement to allow Mr. Tschohl
to lease a 147 foot by 147 foot square parcel of property in the southeast corner of the
property to locate a portable building (see attached lease agreement). The lease is for a
period of 10 years.
Question: Can a CUP be approved for the leased area if the CUP runs with the property after
the lease has expired or the applicant terminates the lease?
Response: The City Attorney stated that a CUP might be granted to a person leasing a
property as long as they comply with the conditions of the CUP. Additionally, the CUP will
run with the length of the property, however, new owners/lessees also have to comply with
conditions of the CUP.
2. The attached site plan shows a 50-foot building setback from each property line.
.
Question: Should this setback be increased considering that 210th Street and F airgreen
Avenue may be constructed to the west and north in the future?
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Response: The 2020 Comprehensive Plan Update does not address any expansions for 21 Oth
Street or Fairgreen Avenue. Therefore, there is no basis for requesting the increase of the
minimum setback of 50 feet from a property line required in Section 10-4-2 of the City Code.
3. The attached site plan shows a 10- foot gravel road accessing from the corner of 21 Oth Street
and Fairgreen Avenue to the building.
Question: Will an access easement be required from the property owner to the east (Huber)
or the property to the south (Murphy)? Is the 10-foot wide roadway adequate for accessing
the site? Will there be a parking area located on the site?
Response: The City's Geographical Information System (see attached map) shows that the
property enroaches into the right-of-way on Fairgreen Avenue thereby requiring no access
easement from adjacent property owners. The applicants will be required to have a survey
prepared before they may apply for a building permit. A building permit is required for this
building because it is not related to agricultural uses.
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4. Mr. Huber (property owner to the east of the proposed building) discussed the future traffic
conflicts between mining trucks accessing the mining operation along 21 Oth Street to the east
and vehicles owned by participants of the climbing wall cooperative. He also discussed his
concern of theft to his property with the increased traffic utilizing the proposed building.
Finally, he stated that the proposed hours that Matthew Tschohl requested (7 AM to 12 AM)
for participants to utilize the building would provide the opportunity for additional thefts to
his mining operation.
Questions: How will the City, applicant and/or adjacent property owners reduce conflicts
between the mining trucks and participant's vehicles? How will the City, applicant and/or the
affected property owner inhibited the possibility for thefts at the mining site?
Response: Fairgreen Avenue and 210th Street are public streets, therefore personal vehicles
may access the area at any time. The applicant may want to notify the participants in the
cooperative that truck traffic is continual along these roadways and extra care in accessing the
location is important. Secondly, if there have been thefts at the mining site, Mr. Huber needs
to notify the Farmington Police and/or secure items on his property. However, security of a
site is not a land use issue. Finally, at the meeting Matthew Tschohl requested the hours of
operation be from 7 AM to 12 AM. Further discussions at the Planning Commission need to
take place before the hours of operation are finalized.
5. Matthew Tschohl informed the Planning Commission that the climbing wall area would be
owned cooperatively by eighteen to twenty participants. Monthly dues from these
participants would assist in constructing the building and climbing wall, and expanding the
climbing wall in the future.
Question: Can a CUP be approved when a portion of the building will be leased
cooperatively by participants of the climbing wall?
.
Response: The City Attorney stated that if the use (climbing wall) falls within the
requirements of a CUP in the A-I district then the CUP may be approved. As stated before,
the CUP might be approved as long as the lessee or cooperative lessees comply with the
conditions of the CUP.
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1.
2.
3.
4.
5.
. 6.
The applicants propose to use the building for the storage and repair of cars and the construction
of a climbing wall for recreation. As stated in their letter, they feel that the storage of cars should
be considered, which is a permitted use within an A-I district. The City Attorney has concurred
that the storage of cars as a permitted use be considered the same as the storage of boats and
travel trailers.
As stated at the October 28, 1999 meeting, it has been determined that the Tschohl's need to seek
a Conditional Use Permit for the following uses in an A-I district:
Commercial Recreation Use - Climbing wall
Equipment and Maintenance Storage - Car repair
The climbing wall is considered a commercial recreation use because monthly dues will be
required for participants to use and maintain the facility identifying this as a commercial use. The
dues will allow eighteen to twenty men to cooperatively lease the climbing wall.
The car repair and storage falls under the equipment and maintenance storage category as a
conditional use. The equipment maintenance and storage definition reads as follows:
"A structure for maintenance, repair or storage of equipment on property
owned by the owner of said equipment."
In the case of Mathew Tschohl as a lessee, the lessee may repair cars that he owns within the
facility, but the repair of cars not personally owned by him for a profit is not allowed in an A-I
district.
ACTION REQUESTED
Approve the Conditional Use Permit for a Commercial Recreation Use (climbing wall) and
Equipment and Maintenance Storage (car repair) for the proposed 42'x 60' steel storage building
at the northeast intersection of Fairgreen Avenue and 2IOth Street based on the following
condition;
The number of recreational users be limited to 20 at any given time during use of the
climbing wall;
Advertising only be permitted for the storage of vehicles, lessee must submit SIgn
application for proper review and approval by Planning staff;
Hours of operation for the repair of vehicles and recreational use of the climbing wall be
limited to the hours between 7 AM to 10 PM;
Vehicle or equipment repair is limited to vehicles owned by the lessee;
No outside storage of vehicles or vehicle parts is permitted;
All uses of the facility and property be limited to the applied uses as described on the
conditional use application and property owners letter, any other uses, commercial or
recreational, must be approved by the Planning Commission at a separate public hearing;
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7. Building location must meet the minimum setback requirements for the zoning district.
~SJ!4
Lee Smick, AICP
Planning Coordinator
Cc: John & Matthew Tschohl
Oct.--;ZS-99 07: 36A
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liquidated damages. In thc ca.,c;e of any default by SELLER, Upon tennination of this
Agreement thc earnest money shall be returned to BUYER. BUYER also shaH have the
right to specifically enforce this Agreement provided that any action therefor is
commenced within si" (6) months after such right arises. In any action or proceeding to
enforce this Agreement or any term hereof, the prevailing party shall be entitled to
recover its reasonable costs and auorney's fees.
18. FARM LI~ASE: BUYER shall havc the right to lease the subject property
for farming purposes for the crop year 2000. '!be rent for the same shall be 40% of the
1999 rent paid by the third party farm tcnant to SELLER for the subjcct property, said
40% representing that portion of the crop year that is allrihutablc to the timc period prior
to the closing dme hereof. Said rent shall be paid on the dat~ of ~I03i~ May IfJ, aaoo,
.
19. LEASE FOR SOUTHEAST CORNER: SELLER's child )hcreinaftcr
"Tenant") shall have the right to lea'5e a 147 foot by 147 foot s.i~~"..parcel of property in._....
lh,e Southeas.t corner of the su~iect. prop~rty for a period of.~years commencinf~--~ -
WIth the c!osmg date hereof on the 10lluwmg tcnns and conditIOns: )
A. Tenant shall have the right to place a portable huilding on the leased area, _ _
however, all costs for such placement and/or purchase of the same shall be
home solely by the Tenant. Upon the termination of the lease period, said
building and any other improvement placed upon the leased area shall be
removed at Tenant's expense, lhe subject property to be restored to a
condition equivalent to that lhat existed prior to the commencement of lhe
lease term.
B. l11at portion of real estate taxes to be paid during the lease term, including
installments Of special assessments. attributable to the lease area that is being
leased and attributable to the placcment of any building or other
improvements upon said lcased area shall be timely paid by tenant as follows:
one-half (1/2) of each respe<::tive year's sum shall be due and payable to
BUYER (hereinafier "Lessor") by May I and one-half (1/2) of each year's
such sum shall be duc and payable on October 1 of each respective year in
qqestion.
c. All utility and other operating costs of any kind whatsoever attributable to the
usage of said leased area, building. or other improvements on said leased area
shall be timely paid by tenant.
n. Tenant shall hold harmless Lessor from all liabilities arising from the usage
and/or improvement of said leased area, huilding or other improvements,
howsoever originating. Further. Tenant shall obtain a liability insurance
policy naming Lessor as an insured, the provisions of the same to be
reasonably approved by Lessor, a copy of the same to be provided to Lessor,
and said policy to state that in no cvent sh<tIl the same be tenninated andlor
cancelled without the firsl giving of 30 days advance written notification to
Lessor.
E. Tenant shall solely be responsible for any losses arising 10 said building, its
contents, or any othl..:r improvernenl placed upon said leased area, howsoever
ansmg,
.
Murphy T,(.h.)hl purch3.~~ ~grcenlCJll/purllgJcc
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Oct-2S-99 07:36A
P_03
F. SELLER shall hold harmless and indemnify BUYER from all liabilities
and/or responsibilities undertaken and/or assumed by Tenant during the leasc
term.
G. Tenant shaH cnter into a written lease with Lessor embodying the above
terms before Tenant shall have any right to so lease.
SELLER:
BUYER:
~d'~ Co!;;; ~I ~ 9-!?-?/
John S'}Jchohl , }:larried Bernard D. Mw-phy
SSN:._~_7/-~-7/6.? SSN: 476-34-2510
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Single
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MUll'hy Tschohl purchllSC llgIUmenLlpurap,tcc
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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:
Michael Schultz
Associate Planner
SUBJECT:
Application to Rezone Lots Property from C-I (Conservation) and A-I
(Agriculture) to R-I (Low Density-Residential)
DATE:
November 9, 1999
INTRODUCTION
Bernard Murphy and Farmington Lutheran Church are seeking approval to rezone property
located in the NEV4 of the SEV4 of Section 25, Township 114, Range 20 from the existing C-I
(Conservation) and A-I (Agriculture) to R-I (Low Density-Residential).
Planninl! Division Review
Applicant:
Bernard Murphy
6730 Lakeville Blvd
Farmington, MN 55024
Co-Applicant:
Farmington Lutheran Church
501 Walnut Street
Farmington, MN 55024
Attachments:
I. Rezone Application
2. Zoning Map
3. Conditional and Permitted Uses
4. Boundary Survey
Location of Property:
The property on the east side of Akin Road,
north of the Vermillion River.
Size of Property:
17.5 + acres (ROW = 1.25 acres)
Comprehensive Plan:
Low Density Residential
Current Land Use:
AgriculturelF armstead
Suggested Zoning Change:
Rezone north portion of property from C-I
(Conservation) to R-I (Low Density-
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Residential) and the eastern section from A-I
(Agriculture) to R-I (Low Density-Residential).
Proposed Development:
Future Church site
Area Currently Bounded By:
Agriculture to the east. Heavy Business to the
north (Bongaard Trucking). Single-family
residential is across Akin Road to the west. To
the south is one residential lot and the
Vermillion River.
Surrounding Zoning Districts:
A-I (Agriculture) to the east; R-I (Low Density-
Residential) to the south and west; and C-I
(Conservation) to the north.
DISCUSSION
Bernard Murphy and Farmington Lutheran Church are seeking to rezone the above described
property from C-I (Conservation) and A-I (Agriculture) to R-I (Low Density-Residential) (see
attached zoning map). The R-I zoning exists on the south portion of the property and is also
located adjacent to the property across Akin Rd and extending north, the Riverside development
is also zoned R-I.
C-I (Conservation) is defined as: Conservation District is provided to recognize vial
environmental resources of the community including steep slopes, wetlands and unstable soil
conditions and to allow development only after careful analysis.
R-I (Low Density) is defined as: 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.
The applicants are seeking to rezone the property for the future location of Farmington Lutheran
Church; Farmington Lutheran is currently located on Walnut and 5th Street. Churches are
considered a conditional use within both the R-I and A-I zoning districts (Churches are a
conditional use in all of the residential zoning districts). Rezoning is only essential on the C-I
portion of the property, but for the benefit of keeping the zoning district boundaries consistent the
entire property is being considered for rezoning.
Construction of the proposed church is anticipated to take place in 3 to 5 years, but because of the
nature of the purchase agreement with the property owner, the City must first approve rezoning of
the property before the transaction will occur.
The current land use of the property is agriculture; a farmhouse along with out buildings is
located in the southeast comer of the site. Open space is located to the south and southeast, the
remainder of the site is comprised of wetlands, old oaks and thick scrub trees. The on-site
wetlands are classified as "utilize". Along the east property boundary run electrical transmission
lines, a utility easement is already present.
The Comprehensive Plan initially had shown the area as "Restricted Development", meaning the
area has sensitive environmental qualities for development. The area in question has been
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changed on the Comprehensive Plan because of the impeding proposal for future development of
the property for a church site along with the proposed sketch plans indicates preservation of the
existing wetlands and wooded area. Staff will continue to re-evaluate the area for possible future
residential development east of the subject property and north of the Riverside neighborhood as
described with the 2020 Comprehensive Plan.
ACTION REQUESTED
Staff recommends forwarding an approval to the City Council to rezone the property legally
described on the applicants boundary survey from C-I (Conservation) and A-I (Agriculture) to
R-I (Low Density Residential).
cc: Bernard Murphy
Farmington Lutheran
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PETITION FOR REZONING
I, the undersigned, am the fee O\\ner of and hereby request that the following described land:
(ATI'ACHED )
be rezoned from:
to:
Agricultural-I (A-I) and Conservation-I (C-l)
Residential-I (R-l)
I understand that a public hearing is required, as well as a published notice of hearing, for which I hereby
attach payment of the fee in the ~ount of $ ~~... 0; (.~ , which I understand further will be
refunded if no meeting is scheduled.
~~
Signature
It>.- 01-/- 9P
Date
The Planning Commission recommended on the
to (approve) (deny) the petition.
day of
',19_
City Planner
Action of the City Council:
1. On the
day of .
, 19_ declined to set a Public Hearing.
2. At a Public Hearing held the
(approved) (denied) the petition.
, 19_,
day of
Date
City Administrator
In accordance with Title 10, Chapters 2 and 12 of the City Code.
cc: Planning Commission, Council, Attorney, Engineer, Water Board: PARAe
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PETITION FOR REZONING
I, the undersigned, am the fee o\mer of and hereby request that the following described land:
(Farmington Lutheran Church/Hr. Bernard r1urphy have signed purchase agreement)
(A'lTACHED )
be rezoned from: Agricultural-I (A-I) and Conservation-I (C-I)
to: Residentail-I (R-I)
I understand that a public hearing is required, as well as
attach payment of the fee in the aI110unt of $'0.-
refunded if no meeting is scheduled.
STEVEN SWENSON
Council President Treasurer
F;:nm; ngr()n T .nt-hpr;:m ~hllrr.h
Signature ~ ~
IP-2/- 9~ 1N.~
Date
The Planning Commission recommended on the
to (approve) (deny) the petition.
day of
',19_
City Planner
Action of the City Council:
1. On the
day of
, 19_ declined to set a Public Hearing.
2. At a Public Hearing held the
(approved) (denied) the petition.
day of
,19_,
Date
City Administrator
In accordance with Title 10, Chapters 2 and 12 of the City Code.
cc: Planning Commission, Council, Attorney, Engineer, Water Board: P ARAC
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Site Location Map
Zoning Districts, Wetlands, Buildings and Roadways
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OCT-19-1g99 14:10
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b~l b44 2~49 P.02/02
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~ROPOSED DESCRIPTION OF FARMINGTON LUTHERAN CHURCH SI1"E
That part of the Northeast Quarter of the Southeast Quarter of Section 25, Township 114.
Range 20, Dakota County, Minnesota which lie5 northeasterly and northerly at the following
described line; commencing at the northeast comer of said Northeast Quarter of the Southeast
Quarter; thence South 89 degrees 33 minutes 09 seconds West an assumed bearing along the
north line of said Northeast Quarter of the Southeast Quarter a distance of 1034.70 feet to the
point of beginning of said line to be described; thence South 35 degrees 24 minutes 51 seconds
East II distance of 890,65 feet; thence South 25 degrees 57 minutes 51 seconds East a
distance of 199.72 feet; thence North 64 degrees 07 minutes 09 seconds East a distance of
53.49 feet, thence northeasterly and easterly a distance of 92.09 feet alon" a tangential curve
concave to the south having a radius of 200.00 feet and a central angle of 26 degrees 22
minutes 56 seconds; thence South 89 degrees 29 minutes 55 seconds East tangent to last
described curve a distance of 295.16 feet to the point of intersection of the East line of said
Northeast Quarter of the Southeast Quarter and a line drawn parallel with and distant 870.00
feet South of the North line of the Northwest Quarter of the Southwest Quarter of Section 30,
Township 114, Range 19, in said Dakota County and said line there terminating_
AND ALSO:
The North 870.00 feet of the West 150.00 feet of the Northwest Quarter of the Southwest
Quarter of Section 30. Township 114, Range 19, Dakota County, Minnesota.
.
. 0:\PR0J\807441\0060\des 807441
TOTAL P.02
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(D)
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"T. ..can;.. 1.:::"..lIgQUUII dllU
storage
5. Public buildings
6. Public utility buildings
7. Kennels
8. Solar energy systems
9. Cemeteries
10. Mineral extraction
11. Equipment and mainte-
nance storage
12. Feedlot
13. Accessory apartments
14. Public and parochial
schools
15. Churches
16. Towers
(Ord. 086-177, 3-17-1986; amd. Ord. 088-205, 8-15-1988; Ord.
093-298,2-16-1993; Ord. 096-383, 11-18-1996)
5. Stables and riding academies
6. Drainage and irrigation systems
7. Specialized animal raising
8. Greenhouses and nurseries
9. Travel trailer and boat storage
10. Truck gardening
11. Seasonal produce stands
12. Day care center
(C)
R-1 Low Density District
1. Agriculture
2. Single-family dwelling
3. Public parks and playgrounds
4. Golf courses
5. Accessory storage buildings
6. Residential care facility
serving 6 or fewer persons
7. Day care facility
serving 14 or fewer persons
1. Cemeteries
2. Nursing homes
3. Nonprofit recreational uses
4. Day care facility serving
more than 14 persons
5. Hospitals and clinics
6. Public utility buildings
7. Public buildings
8. Water recreation and
water storage
9. Solar energy systems
10. Double and multiple-family
dwellings
110 Planned unit developments
12. Greenhouses and nurseries
13. Townhouses - quad homes
14. Condominiums
15. Accessory apartments
16. Public and parochial
schools
17. Churches
18. Congregate care facilities
19. 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-2 Medium Density District
1. Agriculture
2. Single-family dwellings
3. Public parks and playgrounds
4. Accessory storage buildings
5. Residential care facility
serving 6 or fewer persons
6. Day care facility
serving 14 or fewer persons
1. Two-family dwellings
2. Multiple-family dwellings
3. Day care facility serving
more than 14 persons
4. Solar energy systems
5. Planned unit developments
6. Boarding house
7. Water recreation and water
storage
8. Hospitals and clinics
9. Nursing homes
10. Public utility buildings
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2020 Farmington Comprehensive Plan Update
.
Strategies
* Provide for the development of a City Arts and Cultural center downtoWn.
* Promote and provide for the location of art, entertainment and cultural activities
in downtown.
* The downtown streetscape plan should artistically express a cultural, or historic
theme that is integrated into Third Street's design standards and articulated
through its building facades, signage, street lighting, street furniture, landscaping,
public art and other public improvements. Create an aesthetically pleasing
downtown environment.
* Provide for the establishment of a variety of art and cultural organizations in
downtown.
* Promote and support public art throughout downtown and along the riverfront.
Hold community contests and sponsor commissions.
* Promote and support downtown arts and cultural festivals/events.
* Require public art as part of new downtown commercial developments.
5. It is the policy of the City of Farmington to create new parks: a 'Farmington
Community Green" connecting the northern and southern sections of the City, new
mini- and neighborhood parks.
.
Strategies
* Create a Farmington "community green" in the central district of the City where
the City's natural assets can beautifully converge and connect the northern,
western and greater downtown areas of the City. The community green will be a
nature-influenced, activity node where natural, residential and recreational uses
dramatically combine to provide distinctive residential opportunities, a variety of
active and passive recreational opportunities and a unique community gathering
place. This "community green" is predominantly natural. It will reflect
conservation of the City's natural assets, while providing sensitive design of
residential uses and opportunities for recreational uses by residents of all ages and
lifestyles.
* Create this community green to be an exciting convergence of complementary
land uses consisting of the following:
1. a high quality, market rate and high end, golf course/open space
residential community where nature and housing are harmoniously woven
through:
2. the hub of an extensive multi-user, "green" trail system linking all parts of
the City through the environmentally sensitive areas and the river corridor;
3. a focal point of either a small lake with a community center, or a golf
course/open space conservation area with a community center; surrounded by
well-designed, high amenity housing;
4. active recreation opportunities-soccer, play fields and passive open spaces.
*
Establish new mini-parks and neighborhood parks in the Northeast, North Central
and Central Districts that will support all new residential developments.
.
18
Land Use Element
.
.
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 099-_
An Ordinance Rezoning the property legally described below, Town of Farmington, Dakota County from
C-I and A-I to R-l.
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS:
WHEREAS, the City Council approved a petition to rezone the property on the
, 1999 from C-I and A-I to R-l; and,
day of
WHEREAS, the Planning Commission, at a public hearing held on November 9, 1999, recommended
approval of the rezoning.
NOW, THEREFORE, BE IT RESOLVED that he City Council of Farmington hereby amends the City
Zoning Ordinance rezoning the legally described property from C-I and A-I to R-I.
SUBJECT PROPERTY IS LEGALLY DESCRIBED AS:
DESCRIPTION OF PROPERTY SURVEYED:
That part of the Northeast Quarter of the Southeast
Quarter of Section 25, Township 114, Range 20, Dakota
County, Minnesota which lies northeasterly and
northerly at the following described line; commencing
at the northeast corner of said Northeast Quarter of
the Southeast Quarter; thence South 89 degrees 33
minutes 09 seconds West an assumed bearing along
the north line of said Northeast Quarter of the
Southeast Quarter a distance of 1034.70 feet to the
point of beginning of said line to be described; thence
South 35 degrees 24 minutes 51 seconds East a
distance of 890.65 feet; thence South 25 degrees 57
minutes 51 seconds East a distance of 199.72 feet;
thence North 64 degrees 07 minutes 09 seconds East
a distance of 53.49 feet, thence northeasterly and
easterly a distance of 92.09 feet along a tangential
curve concave to the south having 0 radius of 200.00
feet and a central angle of 26 degrees 22 minutes 56
seconds; thence South 89 degrees 29 minutes 55
seconds East tangent to last described curve 0
distance of 295.16 feet to the point of intersection of
the East line of said Northeast Quarter of the
Southeast Quarter and 0 line drawn parallel with and
distant 870.00 feet South of the North line of the
Northwest Quarter of the Southwest Quarter of Section
30, Township 114, Range 19, in said Dakota County and
said line there terminating.
AND ALSO:
The North 870.00 feet of the West 150.00 feet of the
Northwest Quarter of the Southwest Quarter of Section
30, Township 114, Range 19, Dakota County, Minnesota.
Site contains: 769408 i: sq.ft. 17.66 :l: acres
.
.
.
Enacted and ordained on the
day of
ATTEST:
Approved as to form the _ day of
, 1999.
SEAL
Published in the Farmington Independent the
day of
, 1999
CITY OF FARMINGTON
MAYOR
CITY ADMINISTRATOR
CITY ATTORNEY
,1999
.
.
.
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:
Application for Variance, Pylon Sign to Encroach within Front Yard
Setback
DATE:
November 9, 1999
INTRODUCTION
Progress Land Company is seeking a variance to encroach 42 feet off the permanent
ROW Easement along Pilot Knob Road and 30 feet off the property line on Elk River
Trail for the placement of a pylon sign for the commercial building located at 18556 Pilot
Knob Road.
Planning Division Review
Applicant:
Progress Land Company
6001 Egan Drive
Savage, MN 55378
Attachments:
1. Variance Application
2. Pilot Knob Road Construction Plans
3. Elevation Models of Sign
4. Formal Variance Permit
Reference:
1. Sign Ordinance (Section 4-3-1)
Location of Property:
18556 Pilot Knob Road
Encroachment Distance:
42 feet along Pilot Knob Road (or 8 feet off
of permanent ROW Easement) and 30 feet
along Elk River Trail (or 20 feet off property
line).
.
.
.
Sign Dimensions:
12' x 7' 6" (the sign itself is 9' 10" x 7' 6"
and is 26" off the ground, see diagram)
Sign Area:
73.75 sq. ft.
Current Land Use:
Commercial
Area Currently Bounded By:
Residential to the south, east and west;
commercial to the north.
Surrounding Zoning Districts:
R -1 to the south, east and west; B-1 to the
north.
DISCUSSION
Progress Land Company is seeking a variance to encroach into the front yard setbacks
along both Pilot Knob Road and Elk River Trail for placement of a pylon sign for the
Prairie Centre Professional Office building. The required front yard setbacks for all
structures according to the City Code is fifty (50) feet.
The encroachment into the front yard setback would be 42 feet along the property
line/ROW Easement along Pilot Knob (or 8 feet off the property line/ROW easement).
Along Elk River Trail the encroachment would measure 30 feet into the front yard
setback from the property line (or 20 feet off property line). (The ROW easement is a
remnant of the Pilot Knob Road reconstruction; the County opted to have a permanent
ROW easement instead of a permanent ROW).
On October 15th staff meet with representatives from Progress Land and Schad Tracy
Signs to discuss placement of the sign. Staff made the determination that the required 50-
foot front yard setbacks would not be possible and agreed that the sign could fall into
alignment with Super America's pylon sign.
The proposed placement of the sign would be outside of the thirty (30) foot triangle of
visibility from the intersection of Pilot Knob Road and Elk River Trail.
City residents along with staff consider the former Stegmaier property to be historically
significant in which the property owner has remodeled the home to a viable commercial
use. The developer had initially intended to sell the home as a single-family residence,
but because of remodeling costs became too difficult.
Staff feels that the property meets the criteria established within the City Code to claim
hardship:
. Literal enforcement of the City Code would result in undue hardship due to the
required fifty (50) foot minimum front yard setback within the B-1 zoning district
.
.
.
makes placement of the sign impossible, setbacks would put placement of sign in the
location of the house;
. The house and property became a part of the Prairie Creek development and was split
onto a residential parcel initially, the developer intended to sell the home as single-
family residence; but because of remodeling costs, became too costly. The original
location of the home also poses difficulty for setback requirements;
. The hardship is caused by the adopted minimum front yard setback provisions of the
Zoning Code and was not brought on by actions of the person having interest in the
property;
. The variance observes the spirit and intent of the Code and produces substantial
justice that is not contrary to the public interest;
. The variance will not effect a lower degree of flood protection.
ACTION TO BE TAKEN
Staff recommends approval of the variance to encroach 42 feet along Pilot Knob Road
and 30 feet along Elk River Trail for the placement of a pylon sign contingent upon the
following;
1. All existing signage be removed from the exterior of the building upon completion of
the pylon sign.
Michael Schultz
Associate Planner
cc: Frank Hernandez, Progress Land Co
Mike Pankey, Schad Tracy Signs
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CITY OF FARMINGTON
VARIANCE APPLICATION
FIIIJDiDctou. MN 55024 L
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
Applicant: Progress Land Company
Property: 18556 Pilot Knob Road
VARIANCE
1. PERMIT. Subject to the terms and conditions set forth herein, the City of Farmington hereby grants a
variance to allow the following:
A setback variance for a pylon sign to be placed eight (8) feet from Permanent RO W Easement of Pilot Knob Road and twenty
(20) feet off the north property line (Elk River Trail).
2. PROPERTY. The variance is for the following described property in the City of Farmington, Dakota
County, Minnesota:
. Said property is located on lot 1, block 2, Prairie Creek 2nd Addition, Town of Farmington, Dakota County.
3. CONDTIONS. The variance is issued subject to the following conditions:
The Planning Commission attached the following conditions:
1_ All existing signage be removedfrom the exterior of the building upon completion of the pylon sign.
4. LAPSE. If within one year of the issuance of this variance the allowed construction has not been completed,
this variance shall lapse.
Dated:
,19_
CITY OF FARMINGTON
BY:
Dirk Rotty, Planning Commission Chair
(SEAL)
AND:
Lee Smick, Planning Coordinator
STATE OF MINNESOTA)
(ss.
(COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this _ day of , 19_ by Dirk Rotty, Planning
Commission Chairman, and by Lee Smick, Planning Coordinator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority by the City Council.
.
Notary Public