HomeMy WebLinkAbout09.23.97 Special Planning Packet
~~.~...... ..
. (.' .
.. .- . - -.:>
"~..~
, .
.
.
.
AGENDA
PLANNING COMMISSION
Special
September 23, 1997
1.
CALL TO ORDER
2.
PUBLIC HEARINGS
a)
7:00 PM-
Variance to Garage - 609 Spruce Street -,Ron and Karla Kenning
b)
7:15 PM-
Rezone lot from R-3 to R-2 at 201 Fourth Street
3. DISCUSSION
",
a) Variance for fence surrounding swimming pool- 18768 Euclid Path - Greg Joyce
b)
Amendment to the East Farmington PUD and East Farmington 4th Addition
Preliminary and Final Plat
4. ADJOURN
.,
. .
.
AGENDA
PLANNING COMMISSION
Special
September 23, 1997
1.
CALL TO ORDER
2.
PUBLIC HEARINGS
a)
7:00 PM-
Variance to Garage - 609 Spruce Street - Ron and Karla Kenning
Ron and Karla Kenning are seeking a variance or conditional use permit to extend upon a
nonconforming garage located at 609 Spruce Street. The garage is currently encroaching
four feet within the six foot side yard setback and two feet off of the property line (see
attached diagram). The Kenning' plan is to remove the wall on the east side of the garage
(opposite side of the nonconforming) and extend it out to the end of the preexisting
cement slab. The plan also calls for removal of the roof due to deterioration; this would
require improvement within the setback area, thus a conditional use permit is required,
The variance portion enters into the proposal \\'ith the extention of the overhang and
. encroachment to the property line.
During the August 24th Planning Commission meeting it was believed that the only
improvement being made was on the conforming side of the garage and that no
improvements would take place on the nonconforming portion. The Planning
Commission decided that a building permit would be sufficient for the proposed
improvements on the conforming portion of the garage because the structure is
grandfathered, When the Kennings submitted the building permit, it was discovered that
the garage would also be reroofed; this would extend upon the nonconforming portion of
the garage. The reroof would also encroach an additiona16 to 12 inches onto the side
yard setback, with only IOta 12 inches remaining between the overhang and the lot line.
The Commission meet again on September 9th to discuss with Mr, Kenning what his
over all plan was with the garage. The Commission concluded that there should not be a
problem with the plans.
The overall plans the Kenning' are proposing include:
. removal of the lean-to portion on the east side.
. extend the garage space over the preexisting cement slab,
. reroof entire structure (includes new trusses).
. add siding to the entire structure.
.
. .
.
.
.
.
Recommendation
Approve the variance and conditional use permit on the basis that the garage has been
grandfathered in the City Code,
b)
Rezone lot from R-3 to R-2 at 201 Fourth Street
7:15 PM-
The lot at 201 Fourth Street is currently zoned R-3 and consists of 7,597 square feet. The
property is currently for sale as a tax forfeited lot and a number of inquires have been
received by the Planning Division concerning the status of the lot. The minimum size for
an R-3 lot is 10,000 square feet making the lot unbuildable with this current zone and an
existing sewer easement crosses through the center of the lot. If the lot was rezoned to R- .
2, the minimum lot size requirement of 6,000 square feet would be sufficient to make the
lot buildable.
The surrounding zoning includes R-3 to the west, east and south and the R-2 zone is
located across Main Street to the north. Rezoning the lot to R-2 would be compatible
with the surrounding character of the neighborhood, since most of the adjacent structures
are single-family homes.
Two issues which must be addressed with the site include the following:
. A gasoline service station previously existed on the site, but was razed and the
underground tanks were removed in 1986. The gas station was demolished in the
70' s and no testing for soil contamination was required at the time, therefore, there is
a need to perform a soil inspection of the site,
. A utility easement runs along the south side of the property and connects to the main
sewer line along Main Street. A sewer stub exists for the house located at 209 Fourth
Street on the south side of the property. At the time that Fourth Street was
reconstructed, the owner at 209 Fourth Street did not want to pay for reconnection
charges when it wasn't necessary, stating that when the lot at 201 Fourth Street was
developed, the owner would abandon the sewer easement if the new owners would
pay for the reconnection charge.
Along with a number of inquiries into the site, the HRA is considering this site as a
possible location to move the Roger Randell home which was formerly located adjacent
to East Farmington. At this time, Mr. Randell is reviewing the site and has not
determined whether the site is the most feasible site on which to move the house.
The Planning Staff presented this site to the Planning Commission at the July 8th meeting
to determine whether the rezoning was reasonable. At the time, the Planning
Commission was in favor of rezoning the property from R-3 to R-2 in order to make the.
property a buildable lot.
... ... A.
.,
Recommendation
.
Approve the rezoning from R-3 to R-2 for the property located at 201 Fourth Street.
3. DISCUSSION
a) Variance/or fence surrounding swimmingpool- 18768 Euclid Path - Greg Joyce
The property owner is seeking a variance of the swimming pool fence ordinance located
in Section 10-6-2 (A-4) to allow his existing four foot chain link fence to continue to be
located on the property line surrounding the wooded area (see attached plat). The owner
installed the existing four foot fence in 1994 and recently has made a decision to install
an in-ground pool in the backyard of his property, The swimming pool fence ordinance
requires a five foot non-climable fence to be constructed around a swimming pool for
safety. The owner proposes to replace the existing four foot chain link fence with a six
foot wood privacy fence, however, a section of the four foot fence will remain. The
owner is seeking a variance from the swimming pool fence requirements in this location.
b) Amendment to the East Farmington PUD and East Farmington 4th Addition
Preliminary and Final Plat
.
Sienna Corporation is seeking an amendment to the East Farmington PUD in order to
provide additional single-family lots and include the Sauber property within the PUD.
Sienna Corporation proposes the following amendments to the PUD:
. Revise the multi-family use to single-family along County Road 72
. Include the recently annexed Sauber property within the pun
. Amend the typical block A or C configuration to add an additional lot to the block
Sienna Corporation proposes to change the multi-family use to single-family because
market pressures are requiring more single-family homes than multi-family housing at
this time. The multi-family use called for approximately 65 units, whereas, 65 single-
family lots are proposed to be developed not only on the multi-family use acreage, but
also within the East Farmington 4th Addition. Sienna intends to locate the single-family
lots along County Road 72 in order to create a more compatible entrance into East
Farmington by providing the single-family characteristic to the neighborhood in this
location. Sienna will continue to retain the two other multi-family locations to the west
of the pun and along Highway 50 to the south. Sienna feels that these locations continue
to be better suited for multi-family uses because of their access to traffic corridors.
Sienna also proposes to amend the PUD by including the recently annexed Sauber
property located to the south of County Road 72, This property was annexed into the
. City after approval by the City Council on September 15th and will provide additional
. ;:,
. .
.
.
.
land acreage for the proposed 65 single-family lots in East Farmington 4th Addition. The
existing house on the Sauber property will remain and will be connected to City sewer
and water within one year,
The third amendment to the East Farmington PUD involves the revision of the typical
block A or C configuration. The existing typical block A contains 15 lots and block C
contains 16 lots. These blocks measure 360' x 360'. Sienna Corporation proposes to
revise this typical block to measure 360'x 385' and will contain 18 lots. This block will
be located on the east side of Twelfth Street in Outlot D. The block was revised in order
to provide an additional lot to the block because it is intended to keep the wetland
boundary on the west side of Twelfth Street.
The developer met with City Staff on September 15th to present the amendments to the
PUD and the plat for East Farmington 4th Addition. At the meeting, staff presented the
developer with a number of issues to resolve for the 4th Addition plat. The following
items will be addressed by the developer:
. The developer will set up a meeting with the County to discuss driveway access and
the Thirteenth Street access issues along County Road 72. The developer has
committed to upgrading County Road 72 with curb and gutter along the south side of
the road in front of the plat and will pave the entire road in that location, but will not
construct a curb on the north side of County Road 72.
. Address need for revision of typical block A or C to the new configuration.
The attached map shows the location of the multi-family use along with the location of
East Farmington 4th Addition and a sheet showing the typical blocks approved in the
PUD.
4. ADJOURN
. ,
.... , ~ .-,-_._-----------~------_._--
, .
-.--------..------ .__.,~.... - --_._-----_.~._-- ---~---~---_. ----
I[ ] U D U
0 -
I J D c::=:J
D
L-.-,
UJ
z+~
3:
.
Q)
<U
U.
o
0-
ll")
CJ Q 0 0 D <
. ~ F;)
...... i
(1)1 0
~ 0 [
.c:: ] D D
~\ :0 U c? 0 0 [
G
.1
01 i
LL, , u:
D~ c:r
en D ~.
N 0 D
It)
~: r-:
a>
, It)
01 .....
: ~
NI ~S H~t ~
: !
, '
D 0 G=J D [ 0
0
0
0 . [
1
CS
0
II n n
.
,'/
o ~r:"
L() ..'" ,.',
N/{/:.,:':':.~,;':.
//:': ;,:.::~),:':::'
'/
,?ip:/
',j;:/
.
I~.
'.
1-
nnlrH tAJ'.ffk'
J1!R
, '
,(u!er nQ
*
,< If-
l~O SUIlI,{'ro/lS . CI....l tNClHE!JIS
.' .
lAND "lAlmenS. lANosc"rt AftCI'iIl!CtS
2-122 ["IIMp/ls!! O,lv~
Mendola Heigh!!', MN 5~" 20
(612) 6Bl-1914 FAX:6Bl-94-88
625.Hlghway 10 N.E.
B1olne, MI.l 55.-13-1
(612) 783-1880 FAX:78J-1883
BIER MANlL~OMES~C.
Certificote of Survey for:
'I
(q(f~l'o) . '
=w
:J)
-~
~.
t()
~
<0
Z
907.3
....-":.. (-'.~
. qcaoS':JZ
6
..l.u
o
..0
<D
-
o
~
o
9
~
~
I r-..
.
'.-:;.,
\;
.
G
CITY OF FARl\fINGTON
Conditional Use Permit Procedure
Pre-Application Review
Applications for conditional uses shall be filed \\ith the City Planner and shall be accompanied
by:
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 shows the site size and
location; use of adjacent land; the proposed size, bulk, use and location of
buildings; the location of yards, open space, parking area, driveways, storage areas
and accessory structures; the location of all utilities and timing of proposed
construction.
3. The City Planner, at his discretion, may require a topographic map of the site and
reduced copies of all required material.
4. An abstractor's certificate of property owner name and address within three hundred
fifty feet (350') of the outer bOWldaries 0fthe property in question.
Preliminary Review
The City Planner shall set a public hearing and forward copies of the application to the Board
of Adjustment (the Planning Commission).
1. The Board of Adjustment must take action within sixty (60) days unless the
petitioner agrees in writing to a time extension.
2. The approved site plan and all attached conditions shall be filed by the petitioner
with the City Planner within thirty (3Gi days of final approval. Any development
contrary to the approved plan shall constitute a violation of this ordinance.
3. A conditional use shall be approved if it is found to meet the criteria fOWld in Title 10,
Chapter 8, Section 5 (D).
4. The Board of Adjustment may obtain a qualified consultant to testify whether the
applied conditional uses comply with the requirements found in Title 10, Chapter 8,
Section 5(D).
Final Approval
Prior to the approval and issuance of a permit, an agreement in writing should be submitted by
the applicant to construct required improvements, to dedicate property or easements, if any, to
the City and to comply with conditions as may have been established by the Planning
Commission. Such an agreement shall be accompanied by surety in the amount of the
established costs. This agreement and documents are provided to guarantee completion and
compliance with the conditions set forth in the permit within the time established by the Planning
Commission.
P-9/26/96
t-l
CITY OF FARMINGTON
.
Variance Procedure
The Board of Adjustment (Planning Commission) has the power to vary from the requirements
of the Zoning Code, and to anach conditions to a variance it deems necessary to assure
compliance with the purpose of the Code. Variances dealing with land in flood plains shall
comply with requirements listed in the local Flood Plain Management section of the Code.
Procedure for obtaining a variance:
I. The property owner or agent shall file with the City Planner an application form
together with required exhibits plus a filing fee in an amount established annually by
the City Council. The exhibits to be required unless waived by the City Planner
should include:
A) 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.
B) A site development plan showing buildings, parking, loading, access, surface
drainage, landscaping and utility service.
:-
2. The City Planner 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. Failure of such owners to receive notice shall not invalidate the
proceedings.
3. The Board of Adjustment shall approve, deny or approve under conditions accepted
by the applicant within sixty (60) days of submittal of all required exhibits.
The Board of Adjustment may vary the regulations of this Title if all of the following
requirements are met:
A) Literal enforcement of the ordinance would result in undue hardship with
respect to the property.
B) Such unnecessary hardship results because of circumstances unique
to the property.
C) The hardship is caused by provisions of the ordinance and is not the result of
actions of persons presently having an interest in the property.
D) The variance observes the spirit and intent of the ordinance, produces
substantial justice and is not contrary to the public interest.
E) 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.
.
P-9/26!96
".~:1
. ,
-. ~, ..
...."'"
. .',
, "
.,..,,-
. ~.
'. ,
..,
....
',:,'.:.
. .
," "
'e ',I
. ';'
. '0"
.....
. ..
"". ~
..' .
..:......
". ':.
, . .
: . ':', I, ~
.......
. ~::~'~'.:)
.' .
":'.'
, ,
, , .
::....
.',4,'
. "
. ",'
: :....:.
:),/
~. ~: :.
......'
~.:>:;.;
;. :': ::':
...........
,:.:}i.':"~
. "
. .-....
:",::- :-':..
.,' '.'
:,."::;;:.':::":
',' :":~ ',<..:
~ .:::. ........
'>'::", :"
. . . . ~. '.
~~..:.:.>~
:.:::'~':
. :~'.:'.:.::
',' "
. '...
" .
. "
.... .
'. ','
:..... .
.. "
::.::,:.);
. '.
........
," 00..
.:. ';.
:.\,>:':.:
:: .... ,0,
: ; ~.' '.:
.......::....
~:t{;.: -:!:.\
.' "
'" .
" ....
'.: .::.',
o ...,':
.', .
:.:'....
,::'/::..:
'. "
.... .
. ."
..... .
.... ",
....:: :-
. . .' .:
1 0- 8-7
10-8-10
. 'I
: '. 1
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)
~
':",',1 .'
" ",f
';':':'1
.;...;.:,;
~': :,~ 1 ' ,
.. ...,
:.:...~
1 0-8-8: INVALIDATION: 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)
(.:J
.'.: ..~
" .. ,
~..J '.
10-8-9: NONCONFORMING USES: The Board of Adjustment shall
have the power to authorize changes of lawful nonconforming
uses as follows:
:..:'\
." :,
-~
, .
:.:::j "
(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:
i1
. '.;
.... .
1. The proposed nonconforming use will entail no structural changes
or additions other than those required for purposes of safety, health
and aesthetics.
I. ..
;-::':i
"'j
......
-'
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)
':, ',.'1
,'. I
__;...0
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:
;. .':. j
"j".
. ,
~
OJ
'.'
:.,:
" .
:,::.\
--
.". .t
:j:>:'
.....
.'
296
City of Farmington
.,
. '
i
.
.
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE 097-393
An Ordinance Amending Title 2, Chapter 4 of the Farmington City Code by Adding
Section 2-4-3: Appeals to City Council; and Title 10, Chapter B, Section 6 by
Adding Paragraph 10-B-6 (D)
THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA HEREBY ORDAINS AS FOLLOWS:
SECTION I:
Title 2, Chapter 4 of the Farmington City
Code is hereby amended by adding the
following Section 2-4-3.
2-4-3: Appeals to City Council.
A ~arty may appeal a decision of the Zoning Board of Adjustment when issues of
fact. ~rocedure or other finding made by the Board are in dispute. ~peals must
be filed with the City within ten (10) days of the final decision of the Board of
Adjustment.
Building permits shall not be issued after an appeal has been filed with the
Planning Department. If permits have been issued before an appeal has been
filed. then the permits are suspended and construction and/or usage shall cease
until the City Council has made a final determination of the appeal.
The City Council shall conduct a hearing within sixty (60) days after the rece~pt
by City staff of the a~peal from an action by the Board of Adjustment. As
~rovided in Section 10-8-6(D) notice of the hearing shall be mailed to property
owners adjacent to the subject property disregarding public rights of way. Any
Derson may appear and testify at the hearing either in person or by duly
authorized agent or attorney.
A fee to be established by resolution of the City Council shall be paid by the
appellant at the time the notice of appeal is filed.
SECTION II: Title 10, Chapter 8, Paragraph 6 of the
Farmington City Code is hereby amended by
adding the following paragraph 10-8-6 (D).
lO-B-6(D): Upon appeal of a decision by the Board of AdJustment. ~he Zon~ng
Officer shall set a public hearing. transmit the applicatlon directly
to the City Council. and mail a notlce to the Board of Adjustment and property
Qwners adjacent to the subject ~roperty 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 4/5 vote of the
City Council.
SECTION III:
After adoptlon, signing and a~tes~atlon,
~his ordinance shall be published one ~ime
the City and shall be In effec~ on and after ~he day
In the official newspaper of
follow~ng such publication.
Snac~ed and ordalned the 7th day of April, 1997.
.
.
.
, f-
Similar variances issued:
. A 3 foot side yard variance was granted for a nonconforming garage to Cory & Linda
Dees, 513 Spruce Street in July, 1991 . The addition occurred in the rear of the
garage within the setback area.
. Gordon & Sherry Wichterman, 18265 Exley Ave. were denied adding to their garage
within one foot of the property line. The case here was that the structure would be
added to the conforming house and extended to v.ithin one foot of the property line.
. Donald Harvey of 620 Oak St, was granted a variance to expand a garage which did
not meet set back requirements. Planning Commission approved a conditional use
permit to expand the existing garage pro\ided that no part of the garage including the
roof overhang not intrude into the right-of-way on 7th St,
. Donald & Brenda Hunter of 613 Heritage V.,Tay were approved a variance to add a
third stall on their garage that would encroach 4 feet into the set back an'd to within 1
foot of the property line. The Commission recommended that the built upon utility
and drainage easement be resurveyed onto the adjoining church property.
2. Annexation proposal - Sauber Property
A petition for annexation was filed by the Sienna Corporation on July 28,1997 to annex a
1.87 acre piece of property in Empire Township located at 3050 West 213th Street along
County Road 72. The property contains 87,200 square feet and is measured at 200' x
436'. The proposed property is bounded on the north by County Road 72, on the east by
the Prairie Waterway and on the west and south by East Farmington PUD (see attached
map). The property will be zoned R-2.
The petition includes the existing home of Jerome & Anne Sauber and also includes three
proposed single-family lots on the southern end of the annexation. These lots will ,
eventually be platted as part of East Farmington Fourth Addition, however, the Sauber
home will not be a part of the Fourth Addition plat.
A meeting was held at the Joint Planning Board on July 10, 1997. The board includes
representatives from Empire Tov.nship and the City. At this meeting, the Joint Board
approved the annexation of the property because of its proximity to adjacent land located
within the City.
The City Code requires existing buildings which are part of an annexation are required to
be connected within public sewer and water facilities within a certain period of time after
annexation has been approved. The existing Sauber home is required to be connected to
public sanitary sewer within two years of annexation into the City. A public water
connection to the home must be established v.ithin one year of annexation into the City.
The petitioner has agreed to these requirements and \\ill abide by the existing ordinances