HomeMy WebLinkAbout4/13/10
City of Farmington
430 Third Street
Farmington, MN 55024
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AGENDA
PLANNING COMMISSION
April 13, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) March 9,2010 Regular Meeting
3. PUBLIC HEARINGS
a) Preliminary and Final Plat Ii PUD Amendment - East Farmington Tenth Addition - Con't
Applicant: East Farmington Home Owners Association
3300 Edinborough Way, Suite 202
Edina, MN 55435
b) Variance Request to Expand a Legal Non-Conforming Structure on a Legal Non-Conforming Lot- 916 8th Street
Applicant: RCP Enterprise (River Valley Home Care, Inc.)
916 8th Street
Farmington, MN 55024
c) Variance Request to Exceed the Maximum Lot Coverage Requirement in a B-3 Zoning District
Applicant: Installed Building Solutions
517 1st Street
Farmington, MN 55024
d) Conditional Use Permit to allow an Auto Repair, Major use in the B-3 Zoning District (301 Pine Street)
Applicant: Oleg Vdovchenko
17477 Gettyburg Way
Lakeville, MN 55044
e) Text Amendment to Section 10-2-1 Concerning Zoning Definitions, Section 10-5-1 Concerning the Zoning
Map, and Section 10-5-25 Concerning the Floodplain Overlay District
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4. DISCUSSION
None
5. ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
$
SUBJECT:
East Farmington lOth Preliminary and Final Plat & PUD Amendment
DATE:
April 13, 2010
INTRODUCTION
The East Farmington Homeowner's Association (HOA) has submitted a preliminary and final plat for East
Farmington 10th Addition. The applicant is also requesting an amendment to a Planned Unit Development
(PUD).
DISCUSSION
The proposed East Farmington lOth Addition is a replat of the "pocket parks" within the East Farmington 4th
Addition. The 4th Addition is bounded on the north by 213th Street, the east by 14th Street, the south by Oak
Street, and west by 12th Street (Ex. A). The East Farmington 4th Addition consisted of the platting of 66
single-family homes on a minimum of 6,000 square foot lots (Ex. B). The pocket parks were platted in the
middle of the blocks to allow for additional open space for lot owners since the lots were smaller than typical
single- family lots. The pocket parks are shown on the attached Exhibit C showing the original Schematic
PUD from 1994. Exhibit C shows the configuration of Blocks A, B, C, and D with parks in the middle of the
block. All of the pocket parks were to be managed and maintained by the HOA.
In 2007, the East Farmington 4th Addition property owners seceded from the HOA because the restrictive
covenants agreement for the HOA's 4th addition was never recorded. These property owners no longer pay
dues to the HOA for any maintenance. Because the HOA still owns the pocket parks there is a concern about
liability issues that may come about due to an injury on the HOA park land. Additionally, the HOA is
performing minimal maintenance within the pocket parks.
The East Farmington lOth Addition proposal is to split the pocket parks into additional outlots with the hope
that adjoining property owners from the 4th Addition will purchase these outlots to increase the overall size
of their lots. If any of the proposed outlots are sold to an adjoining property owner, a lot combination would
be required.
Because of the proposal, a PUD Amendment is required to change the use of the property from common
green space to various outlots to be combined to private property. A resolution is attached for the
Commission's consideration and subsequent recommendation.
Declaration of Covenants and Deed Restrictions
Attached, for the Commission's review, are the proposed Declaration of Covenants and Deed Restrictions
that will be put into effect concerning the lOth Addition.
Engineering Review
The Engineering Department has reviewed the submitted documents and has provided comments to the
applicant. The Engineering Department has recommended to the Planning staff that the applications be
approved contingent upon satisfaction of all Engineering and Planning Comments.
ACTION REOUESTED
Recommend approval to the City Council of the East Farmington 10th Addition Preliminary, Final Plats and
PUD Amendment contingent upon the following conditions:
1. That the East Farmington Homeowner's Association file and record the Declaration of Covenants
and Deed Restrictions for the East Farmington 10th Addition.
Respectfully Submitted,
'I W-~ 0_
TO~iPPle~t City Planner
Cc: Laukka Management
Todd Iliff
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PRElJMINARY PLAT
FOR
LAUKKA MANAGEMENT
.3300 Edlnborough Way. Sultll 1202. Edina, I<IN ~~<('.35
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PLANNERS / ENGINEERS / SURVEYORS
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RESOLUTION NO.
AMENDING THE EAST FARMINGTON SCHEMATIC PUD
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was
held in the Council Chambers of said City of the day of, 2010 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and member
seconded the following:
WHEREAS, a public hearing of the Planning Commission was held on the 13th day of April, 2010 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 Planning Commission recommended approval of the PUD Amendment for the East Farmington 10th
Addition on the 13th of April, 2010;
NOW, THEREFORE, BE IT RESOLVED that the East Farmington Schematic PUD be amended with the following
conditions:
1. That the East Farmington Schematic PUD be amended to change the landuse of the properties identified in the
East Farmington 10th Addition from common greenspace to additional non-buildable outlots to be combined with
adjoining residential properties.
2. That the Final Plat for East Farmington 10th Addition be recorded dividing the existing outlots that were
established in the East Farmington 4th Addition into smaller non-buildable outlots to allow for the conveyance of
the outlots to adjoining property owners.
3. The HOA shall remove the bituminous trailhead access points within each of the blocks of East Farmington 4th
Addition and reestablish with sod once the HOA no longer holds any interest in the outlots within the given
blocks.
This resolution adopted by recorded vote ofthe Farmington City Council in open session on the of
,2010.
Mayor
Attested to the _ day of
,2010.
City Administrator
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
EAST FARMINGTON 10th ADDITION
This Declaration is made and entered into the day of ,2010 by,
East Farmington Homeowners Association, Inc., a Minnesota nonprofit corporation
(hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, the Declarant is the owner of the real property situated in the
County of Dakota, State of Minnesota, legally described on Exhibit "A" attached hereto
and incorporated herein by reference (the "Property").
WHEREAS, the Declarant desires to establish certain standards covering the
Property by means of protective covenants to ensure the value and enjoyment of the
Property; to this end and for the benefit of the Property and the Owners thereof, the
Declarant desires to subject the Property to covenants, conditions, restrictions hereinafter
set forth.
NOW, THEREFORE, the Declarant hereby publishes and declares that the
Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied
subject to the following covenants, conditions, and restrictions which shall run with the
Property and shall be binding upon and inure to the benefit of all parties having any right,
title, or interest in the Property or any portion thereof, their heirs, personal
representatives, successors, and assigns.
ARTICLE I. USE RESTRICTIONS AND COVENANTS
Section 1: Land Use. No shed, building, fire pit, retaining wall, swing set or
other structure shall be erected, altered, placed, or permitted to remain on any lot within
the Property. All use of the Outlots must be in conformity with its respective zoning and
in accordance with the zoning ordinances of the City of Farmington, Minnesota ("City of
Farmington"). The Declarant is not representing whether the City of Farmington's
zoning for the Outlots in East Farmington 10th Addition permits any improvements to the
Property. Any Owner desiring to improve any Outlot in the Property (herein the
"Outlots" or "Outlot") is solely responsible, at hislherlits sole cost and expense, for any
required rezoning or other approval, any survey required and any other requirements
needed in order to improve any portion of the Property. Fences may be erected on an
Outlot provided such fences otherwise comply with the ordinances of the City of
Farmington and further provided that such fences do not impede or impair drainage per
the recorded drainage easements.
Section 2: Setbacks. All setbacks must comply with the appropriate ordinance(s)
of the City of Farmington.
1
Section 3: Maintenance of Outlots and Imorovements. Owners of Outlots
within the Property shall keep or cause to be kept all fences and all allowed landscaping
located on their property in good repair. Rubbish, refuse, garbage, and other solid, semi-
solid, and liquid waste shall be kept within sealed containers, shall not be allowed to
accumulate on any Outlot, and shall be disposed of in a sanitary manner. No Outlot shall
be used or maintained as a dumping ground for such materials. No trash, litter, or junk:
shall be permitted to remain exposed upon any Outlot and visible from adjacent streets or
other Outlots. Weeds and lawns shall be controlled in conformity with municipal
ordinances.
Section 4: Reoair and Reolacement of Utility Lines. In the event that the
repair, maintenance or replacement of any sewer, drainage or other similar utility line
("Utility Line") serving any Outlot or portion thereof is necessitated at any time, the
Owner(s) of the Outlot(s) served by the Utility Line shall be obligated to pay their
proportionate share of the cost of repair, maintenance or replacement. In the event that
any legal proceeding for the enforcement of this provision is commenced, the prevailing
party shall be awarded that party's reasonable costs and expenses including but not
limited to reasonable attorneys' fees.
Section 5: Nuisance. Nothing shall be done or permitted on any Outlot which is
or may become a nuisance. No obnoxious or offensive activities or commercial business
or trades shall be conducted on any Outlot, except as defined and permitted by the
applicable zoning resolution of the governmental entity having jurisdiction over the
property.
ARTICLE ll. EASEMENTS
Section I: Easements Shown on Plat. The location of the easements, including
the utility easements, are shown on the recorded plat map for East Farmington 10th
Addition. All Owners shall purchase their respective Outlots subject to all easements
located on the Property as shown on the plat and any other recorded or observable
easements.
Section 2: Trailhead Access Point Easements. No Outlot owner shall be
permitted to block access from the "trailhead" access points as shown on the Plat of East
Farmington 10th Addition to any other Outlot with the Property. Any easement(s) with
respect to this Article II, Section 2, shall automatically terminate as to any Outlot upon
the initial conveyance of all Outlots within any Block of the East Farmington 10th
Addition. In other words when all of Outlots B, C, and D, East Farmington 10th
Addition have been initially conveyed by the Declarant, the trailhead access point
easements for Outlots B, C, and D, East Farmington 10th Addition shall automatically
terminate. Similarly, when all of Outlots E, F, G, H, I, and J, East Farmington 10th
Addition have been initially conveyed by the Declarant, the trailhead access point
easements for Outlots E, G, H, and J, East Farmington 10th Addition shall automatically
terminate. Similarly, when all of Outlots K, L, M, N, 0, and P, East Farmington 10th
2
Addition have been initially conveyed by the Declarant, the trailhead access point
easements for Outlots K, M, N, and P, East Farmington 10th Addition shall automatically
terminate. The easements described herein shall terminate automatically upon the filing
of the instrument of conveyance of the last Outlot to be conveyed within each Block.
ARTICLE III. DRAINAGE
Water run-off shall not be altered in any such way as to cause increased drainage
upon any adjoining Outlot in the Property or any adjoining property and shall be
completed pursuant to the City of Farmington requirements as well as any other
regulations, rules, or statutes of any governmental body having jurisdiction over the
Property and further shall be consistent with the blanket drainage easement as shown on
the recorded plat.
ARTICLE IV. GENERAL PROVISIONS
Section 1: Covenants Run With The Land. These covenants are to run with
the Property and shall be binding on all persons or entities owning the Outlots within East
Farmington 10th Addition, their respective heirs, successors, representatives and assigns
as well as any persons or entities hereafter acquiring said Outlots.
Section 2: Enforcement. These declarations may be enforced by (1) any
land owner that owns a Outlot in the Property, or (2) any governmental entity that has
jurisdiction over the above described land, including but not limited to the City of
Farmington, in Dakota County, Minnesota. Enforcement shall be by proceeding at law or
in equity against any person or persons violating or attempting to violate any covenant
either to restrain violation or to recover damages. In the event it becomes necessary to
commence any action to enforce this Declaration, the court shall award to the prevailing
party in such litigation, in addition to such damages as the Court may deem just and
proper, an amount equal to the costs and reasonable attorney's fees incurred by the
prevailing party in connection with such litigation. The failure to enforce or to cause the
abatement of any violation of this Declaration shall not preclude or prevent the
enforcement thereof or of a further or contained violation, whether such violation shall be
of the invalidation of anyone of these covenants by judgment or court order, shall in no
way affect any of the other provisions.
Section 3: Severability. Invalidation of anyone of these covenants by
judgment or court order shall in no way affect any of the other provisions which shall
remain in full force and effect.
Section 4: Amendment Procedure. These covenants may be amended by a
majority vote of the Outlot Owners of the Property through a duly written and recorded
instrument, provided that this Declaration may not be amended without the prior written
3
consent of the City of Farmington. There shall be one vote cast for each Outlot in East
Farmington 10th Addition.
Section 5: Hold Harmless. The Declarant is hereby held harmless for any
non-compliance with any of the provisions provided in this Declaration and also is
hereby held harmless for any claims resulting from the compliance and enforcement of
the provisions herein.
Section 6: Revocation Of Anv Prior Covenants. This Declaration of
Restrictive Covenants revokes and supersedes any prior Declaration of Restrictive
Covenants for East Farmington 10th Addition.
IN WITNESS WHEREOF, the Declarant has hereunto set its hand on the dates
specified below.
DECLARANT:
EAST FARMINGTON HOMEOWNERS
ASSOCIATION, INC.
By:
Its:
STATEOFMINNESOTA )
)
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of _, 2010 , by
the of East Farmington Homeowners
Association, Inc., a Minnesota non-profit corporation, on behalf of the non-profit
corporation.
Notary Public
4
This instrument was drafted by:
TODD R. ILIFF, P.A.
Todd R. iliff, Esq.
4830 France Avenue South
Edina, Minnesota 55410
952-922-4647
5
EXHffiIT A
Outlots B, C, D, E, F G, H, I, J, K, L, M, N, 0, and P, East Farmington 10th Addition;
All in Dakota County, Minnesota
6
PROPOSED DEED RESTRICTIONS FOR
OUTLOT A EAST FARMINGTON 10TH ADDITION
1. Easements. The location of the easements, including the utility easements, are shown on
the recorded plat map for East Farmington 10th Addition. The Property shall be subject
to all existing easements located on the Property in East Farmington 10th Addition as
shown on the plat and any other recorded or observable easements.
2. Drainaee. Drainage and water run-off shall not be altered in any such way as to cause
increased drainage upon any adjoining lot in the Property or any adjoining property and
shall be completed pursuant to the City of Farmington requirements as well as any other
regulations, rules, or statutes of any governmental body having jurisdiction over the
Property and further shall be consistent with the blanket drainage easement as shown on
the recorded plat.
Dakota County, MN
'1t'
ex. A
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 276 feet
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner ~
FROM:
SUBJECT:
Variance Request to Expand a Legal Non-Conforming Structure on a Legal Non-
Conforming Lot - 916 8th Street
DATE:
April 13, 2010
INTRODUCTION
A variance application has been submitted by River Valley Home Care to expand a legal non-conforming use
on a legal non-conforming lot. The applicant wishes to add a second story to the existing building located at
916 8th Street.
PLANNING DIVISION REVIEW
Applicant/Owner:
RCP Enterprise (River Valley Home Care, Inc.)
916 8th Street
Farmington, MN 55024
916 8th Street
Site map is attached for reference
Property Location:
Existing Zoning:
B-1 (Highway Business)
2030 Comprehensive Plan:
Commercial
Existing Land Use:
Office space
Existing Structure Setbacks (approx):
9,150 square feet (minimum 10,000 SF required)
Front (8th Street): 32 feet (30 feet req.)
Front (Hickory Street): 8 feet (30 feet req.)
Rear (Alley): 53 feet (10 feet req.)
Side (north property line): 4 feet (10 feet req.)
Existing Lot Size:
DISCUSSION
The applicant is proposing to add a second story to the existing office building located at 916 8th Street. The
proposal would not increase the footprint of the building; therefore, all existing setbacks would remain. A
variance is necessary as the structure itself currently does not meet all required setbacks making it non-
conforming. Additionally, the lot size does not meet the minimum 10,000 square foot requirement. Any
expansion of a non-conforming use requires approval of a variance by the Planning Commission.
Lot coverage is not an issue. The existing building is approximately 28' x 60' (1,680 SF). The existing lot
coverage is 18.4%, the B-1 zone allows for 25% building coverage. The proposal will not be adding additional
lot coverage as the proposal is to go up with the building, not out.
Per Section 10-6-4 of the City Code, 1 off-street parking stall is required for each 250 square feet of office
space. The applicant's proposal would have approximately 3,360 square feet of office space upon build out,
requiring 13 off-street parking spaces. It appears that there is adequate paved space in the rear of the property
to accommodate the aforementioned parking requirements. However, if the Planning Commission approves the
requested variance, a condition of approval should be that the applicant provides a parking plan that shows the
required off-street parking on site. If the applicant cannot meet this requirement, a variance will have to be
applied for and approved by the Planning Commission.
The Board of Adjustment (Planning Commission) may approve a variance request provided the following
requirements are met:
1. Because the particular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would
cause undue hardship. Economic consideration alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of this Title.
The property in question was originally platted, zoned, and built for residential use. The property, until
2000, was zoned R-2 (Low/Medium Density Residential) and in fact meets the lot size and width
requirements of that zone. However, over time the property transitioned into a commercial use,
therefore, necessitating the need to amend the zoning of the parcel in 2000 to B-1 (Highway Business).
This zoning change made the parcel legal non-conforming, requiring a variance for any expansion
and/or addition.
2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is
sought and are not applicable, generally, to other properties within the same zoning classification.
The conditions are unique to this parcel and generally not applicable to other properties in the B-1
zoning district. Please refer to answer #1 above.
.
3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons
presently having an interest in the parcel of land.
The hardship, if determined by the Planning Commission to exist, was not created by the applicants or
any other person having an interest in the property.
4. The granting of the variance will not alter the essential character of the locality or be injurious to other
property in the vicinity in which the parcel of land is located or substantially diminish property values.
Granting the variance will not alter the character of the surrounding area or have a negative impact on
other properties in the vicinity.
5. The proposed variance will not substantially increase the congestion of the public streets, or increase the
danger of fire, or be detrimental to the public welfare or public safety.
The proposed variance would not result in any of the above mentioned adverse impacts.
6. The requested variance is the minimum action required to eliminate the hardship.
The Planning Commission must determine whether grating a variance to expand the non-conforming
use on a non-conforming parcel is the minimum action that would eliminate the potential hardship.
ACTION REOUESTED
Approve the variance request to expand a legal non-conforming use on a legal non-conforming lot located at
916 8th Street subject to the following conditions:
1. Submission of a building permit application acceptable to the City's Building Official.
2. Submission of a parking plan to the Planning Department showing the location of the required 13 off-
street parking stalls.
3. The height of the proposed building cannot exceed 35 feet.
Respectfully submitted,
~ ..
TL~~ City Planner
Cc: River Valley Home Care, Inc.
Gir- Mac Construction
MAR-24-2010 09:55
CITY FRRM I NGTON
651 463 2591
P.02/02
q
~
City of Farmington
430 Thin! sm..t
fl\l1llbl~ofOIl. MiDm!oal.
6$1.280.6MO . fax. 6.s1280.6199
W"'W.fLthpnlI1!l8lMt~I!"~
~~ :;~~ ;~l;W
By,-----=
.---~
VARIANCE APPLICATION
Applicant: 12.c, p
Address: q I ~
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Telephone: ("51) L/lAJ.-ii1J:;I
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Fax: (~ lit.o - t/102>
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Zip Code
Owner: R C P Cl'l'~ar'-I's.~ Telephone; USI) 1/60- "20/ Fax: ('.51) 0.//.,0- "1.06
Address: t.f,(., e.1:b- :Str~c-+ F'trh\i"j'~p\ ")Iv ~.r:;o4t..i
Street City State Zip Code
Premises h,"olved: LOT J I 8CAc..l<' I F "It,..., B"tttE'A1.t AbblTJ D"'-l
Address! Legal Description (lot, block, plat name, section, township, range)
CUJTel1tZoningDistriet 8-I(U'1~W'" i3u.s~ CummtLlIfldUse of+rc~ SfeiC':"
SpecificNatureofRequest/ClBimedHllrdsltlp; A-c:Y ,.~ S~"l .Jo er~4-t~ S-W-c.~
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SIIBMIIT AL REOUIREMENTS
o Proof of Ownership
o App' . n Fee ($200)
DB' Lot Survey
o Copies of Site Plan
o AbstractlResidential List (adjoin' property owners onl
o Torrens (Owner's DupliclIt c' cate of Title Requi
Sl
.3/2-l/Jo
Date
3/2'1110
Date
Request Submitted to the Planning Commission on
Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
PI8IIning Commission Action:
_Approved
_Denied
Fee Paid
$200 - City of Farmington
$46 - Dakota County Re~(lrder
Comments:
Conditions Set:
Plmming division:
Date;
9/tlli
TOTRL P.02
Dakota County, MN
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 144 feet
,.. ---:i SV\~~ ~I PftoPrIL~
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner r
FROM:
SUBJECT:
Variance Request to Exceed Maximum the Lot Coverage within the B-3 (Heavy Business)
District by 5.83 %
DATE:
April 13, 2010
INTRODUCTION
The applicant, Jeremy Labeau, Installed Building Solutions, is seeking approval of a variance to exceed the maximum
35% lot coverage by 5.83% within the B-3 (Heavy Business) zoning district.
PLANNING DMSION REVIEW
Applicant:
Installed Building Solutions
Jeremy Labeau
517 1 sl Street
Farmington, MN 55024
Attachments:
1. Application
2. Site Plan
3. Lot Coverage Analysis
Property Location:
517 151 Street
Variance Request:
5.83%
Property Area:
44,163 square feet (2 pacels)
Proposed Addition Size:
1,000 square feet
Existing Lot Coverage:
17,032 square feet
Surrounding Land Uses:
Heavy Business to the north and south, Single-family residential to the
west, railroad right-of-way to the east.
Existing Zoning:
B-3 (Heavy Business)
2030 Comprehensive Plan:
Commercial
DISCUSSION
The applicant, Jeremy Labeau, Installed Building Solutions, is seeking variance approval to exceed the maximum lot
coverage by 5.83% within the B-3 (Heavy Business) zoning district. The B-3 zoning district allows for a 35% maximum
coverage by structures (coverage does not include paved surfaces). The property in question consists of two parcels of
land. The fIrst parcel, which contains the existing building, is 37,430 square feet in size. The building was originally
constructed in 1973 and has a foundation size of 17,032 square feet. The second parcel, which runs parallel to the railroad
right-of-way (however, it is offset from the railroad ROW by 20 feet) consists of 6,733 square feet. The second parcel of
land allows ingress/egress access to the rear of the property.
Mr. Labeau is proposing to install a 10' x 100' (1,000 square foot) covered racking system behind the building of his
existing business. The addition would provide Mr. Labeau a covered and controlled area to store building materials. The
current lot coverage for this site (including both parcels) is 38.57%, which exceeds the maximum lot coverage
requirement mentioned above. With the proposed addition, the lot coverage would be increased to 40.83%.
The proposed addition will meet all required setbacks. It will be setback approximately 5 feet from the northern property
line (0 foot setback is allowed from property lines abutting right-of-way in the B-3 zone), and 6 feet from the eastern
property line (6 foot rear setback required in the B-3 zone).
The proposed addition will not trigger the site plan requirement specified in Section 10-6-23 of the City Code. The
proposed expansion would be considered a "minor project" and would only require an administrative review of a site plan,
as the expansion only comprises approximately 6% of the existing building footprint.
It should be noted that heavy business exists to the north and south of the subject property. Michael Dantzer owns a 20-
foot strip of land (4,488 square feet) that lies between the second parcel mentioned above and the railroad right-of-way.
This is also utilized for ingress/egress for the Dantzer property located to the south of the subject property. Attached as
Exhibit D is a spreadsheet developed by staff that provides a breakdown of lot coverages for the heavy business users that
are located adjacent to the subject property. As you can see, all but one of the businesses that are adjacent exceed the lot
coverage requirement of 35%. It should also be noted that Michael Dantzer of Pressline Industries was granted a similar
variance in 2001.
Because the property is confIned to existing businesses and railroad ROW, a hardship exists in that it would be difficult
for the property owner to acquire any additional land to meet the standard lot coverage requirements.
The following requirements need to be justified to allow a coverage variance of 5.83% to the maximum 35% lot coverage
within the B-3 (Heavy Business) zoning district:
1. Because the particular surroundings, or the shape, confIguration, topography, or other conditions of the specific
parcel of land involved, strict adherence to the regulations of this title would cause undue hardship. Economic
consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms
of this title.
The existing building was constructed in 1973. The existing lot coverage already exceeds the maximum lot
coverage for a property zoned B-3 by approximately 3.6%.
2. The Conditions upon which a variance is based are unique to the parcel of land for which the variance is sought
and are not applicable, generally, to other properties within the same zoning classification.
The business/property owner is restricted to any additional land acquisitions to provide the necessary land area
to satisfy the 35% lot coverage requirement.
3. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having
an interest in the parcel of land.
The property owner purchased the property in 2005 well after the existing building was constructed (1973). The
lot coverage for this property currently exceeds the 35% requirement.
4. The granting ofthe variance will not alter the essential character ofthe locality or be injurious to other property in
the vicinity in which the parcel of land is located or substantially diminish property values.
The variance request will not alter the essential character of the property as adjacent properties to the north and
south also exceed the maximum lot coverage by a similar percentage. The variance request should not have a
negative impact on the property values.
5. The proposed variance will not substantially increase the congestions of the public streets, or increase the danger
offire, or be detrimental to the public welfare or public safety.
The variance request will not impact traffic congestion on public streets, nor will it increase the danger offire, or
be detrimental to the public welfare or public safety.
6. The requested variance is the minimum action required to eliminate the hardship.
This is the minimum action necessary to eliminate the hardship.
ACTION REQUESTED
Staff recommends that the Planning Commission approve the requested variance to exceed the maximum lot coverage of
35% by no more than 5.83% with the proposed 1,000 square foot expansion, contingent upon the following:
1. The applicant submits building plans acceptable to the City's Building Official.
Respectfully submitted,
11.lt)
TO~P~City Planner
Cc: Jeremy Labeau
City of Farmington
430 Third Street
Farmington) Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
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L~~] MAR 29 2010 .
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VARIANCE APPLICATION
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Applicant: /~ /;v,lcI.,.JI,
Address: Sl7 / J r J J-
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Telephone: f!!h
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State
Fax: ~ t#J'-7387
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Zip Code
Premises Involved:
Address/ Legal Description (lot, block, plat name, section, township, range)
Current Zoning District
Current Land Use
Specific Nature of Request I Claimed Hardship: ;I/AJ>)AlL, ~/,4./f ~ ~Tr:"1"I ,7"6 'p""Y',eI",
-kr 4e/~ o~:t.." vi b-,/.I:"( pt/~A-tJ ~/l11 /.I;Dk.. /If?r'{&t- "
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SUBMITTAL REOUIREMENTS
o Proof of Ownership
o Application Fee ($200)
o Bound I Lot
o Copies of Site Plan
o AbstractlResidential List (adjoining property owners only)
o Torrens (Owner's Duplicate Ce' ate ofT ired)
--
o
Request Submitted to the Planning Commission on
Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
Planning Commission Action:
Approved
Denied
-
Fee Paid
$200 - City of Farmington
$46 - Dakota County Recorder
Comments:
Conditions Set:
Planning division:
Date:
9/06
Dakota County, MN
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Map Scale
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
tt
SUBJECT:
Conditional Use Permit Request to Allow an Auto Repair, Major Use in the B-3 Zoning District-
301 Pine Street
DATE:
April 13, 2010
INTRODUCTION
Oleg Vdovchenko, 17477 Gettysburg Way, Lakeville, MN, has made application for a Conditional Use Permit to allow an
Auto Repair, Major use within the B-3 (Heavy Business) zoning district.
PLANNING DMSION REVIEW
Applicant:
Oleg V dovchenko
17477 Gettysburg Way
Lakeville, MN 55044
Property Owner:
Copenhagen-Hansenfamily, Lmtd Ptrshp
% Bill Hansen
26 Oak Grove Street, Unit 2
Minneapolis, MN 55403
Property Location:
301 Pine Street
Existing Zoning:
B-3 (Heavy Business)
2030 Comprehensive Plan:
Commercial
ExistinglPrevious Land Use:
Vacant/Hansen Motor Sports
Existing Lot Size:
27,659 square feet
Surrounding Land Uses:
Multi-family to the east, commercial to the south (Sauber Plumbing and
Heating), railroad right-of-way and commercial to the west, and the
Vermillion River to the north.
Proposed Land Use:
Automobile Sales, Major Auto Repair, and Automobile Parts Retail
DISCUSSION
The applicant, Oleg V dvchenko, has submitted a conditional use permit application in order to allow major auto repair to
take place on site. Mr. Vdvchenko is proposing to open a used car sales lot that will also offer auto repair services and
retail of automobile parts. The property is zoned B-3 (Heavy Business) which automobile sales is a permitted use.
However, major auto repair is a conditional use in this particular district.
The applicant's proposal is to sell automobiles from the premises. The applicant has indicated that he could have as many
as 75 cars, space permitting, placed on site (both within the building as well as in the parking area to the west and north of
the building). In addition to selling cars the applicant is proposing to utilize a portion of the existing building for major
automobile repair work for the vehicles he is selling on site. He will not be taking walk-in customers for auto repair. The
applicant has stated there will be two work bays with lifts for the auto repair work. Access to the bays will be from the
west side of the building.
If the conditional use permit is approved, the applicant will need to contact the City's Building Official to determine what
building upgrades, if any, are necessary for the proposed use.
A conditional use permit 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.
The subject property is zoned B-3. The use of the property as an auto sales lot is permitted use in this particular
district. Additionally, the applicant wishes to do major auto repair work out of the existing building. Auto repair,
major is a conditional use in the B-3 zoning district.
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.
The proposed use will not involve any element or cause any conditions that may be dangerous, injurious or
noxious to any other person or property. The proposal re-establishes a use that was present on this property
prior to 2000.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds to adjacent buildings and properties.
The proposed use will utilize the existing building on site. All off-street parking will be situated on the south, west
and north side of the lot away from the multiple-family dwelling adjacent to the east.
4. The proposed use shall produce a total visual impression and environment which is consistent with the
environment of the neighborhood.
Staff believes the proposed use is consistent with the business uses that almost entirely surround the property.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
The proposed use will utilize the existing parking areas on site, therefore, vehicular access and parking at this
property will not greatly increase traffic congestion in the surrounding neighborhood
6. The proposed use shall preserve the objectives ofthis title and shall be consistent with the comprehensive plan.
The subject property is comprehensively guided as commercial. The proposed use is consistent with the 2030
Comprehensive Plan.
ACTION REOUESTED
Approve the conditional use permit allowing major automobile repair to take place on the property addressed as 301 Pine
Street, subject to the following conditions:
1. The applicant obtains all necessary building permits from the City's Building Official.
2. A sign permit is applied for and approved for any external signage that may be placed on the premise.
3. Other conditions as may be recommended by the Planning Commission.
Respectfully submitted,
~~
TO~PP1er, Assistant City Planner
Cc: 01eg V dovchenko
~\\~@~o~~~\
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, nil 'lVi~~ 2 t tlQ ~~ j\_~
City of Farmington
4lQ Thilll St,...
farmtfw:ton. Min~
65I.2S0.6S00. F., 651.28o.6!W9
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CONDITIONAL USE PERMIT APPLICATION
~
Applicant: 01 e~ Vdov6~e.V\ J:- 0 . relephon~: (Qi]) J- 4'1 J q~ '1 Fax: LJ
Address: /1-411 ~IfJ5bvl"'J W"'1. Lc..t~d It.. HrJ
Stre~ ~lty Smte
Owner: ~ l t tt OVV\~\ Telephone: @.9- ,:S::'O -8<1.11 Fax: (I.. Of
Address: ~ P ~ '^ e. ~aA- \t\A i ~ 1--\ M r-J
Street City State
,->T6 L( ((
Zip Code
})"7l ..' 1./'-/ !-
55024
Zip Code
Premises Involved: \
Address/Legal Description (lot, block, plat Ilffipe, section, township, range)
I. ~ '---:! (
Current Zoning Districtr:)r ~) Current Land Use
specificNatureOfReqUest:G0v'\~ R~~r) r€-i9GL\ tdJ~ or ("e~ct~'~~
Q 0lA 'lA.-M n/1.Dior VQ..k;<::le3,. lV'\c~cLllI b ~: Q\lV\~~~ VJ-JcL' I ~J
MCV, Dr P C\.A. "'- 'h tA.-St-:s, - v[' O\.AAcL FO-I1- S f'e-+C\ I \ " o...r- ~VL5\
SUBMITTALREOUIREMENTS ?pG.tLO'Vor 7<;;; c.b..r.2:,I"C.t:~V S-k..~ j f cJ
o Proof of Ownership 0 6 Copies of Site Plan C><' : '"
o Ap~ication Fee L' 0 AbstractJResidential List (required 350' from~ect property)
o Bo,daty / Lot s~rv 0 Torrens (own.:.'s Duplicate Certificate . quired)
(/\J... /J.- h ' G~rJ~h{ f4Y/~e;/'-
Signature of Owner Date
Request Submitted to Planning staff on
, Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
Planning Commission Action: _Approved
City Council Action (ifnecessary): Approved
Denied
-
Denied
Fee Paid
$200 - City of Farmington
$46 - Dakota County Recorder
Comments:
Conditions Set:
Planning division:
Date:
9/06
Dakota County, MN
Oisclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 115 feet
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner r
FROM:
SUBJECT:
Text Amendments Concerning:
· Section 10-2-1: Zoning Definitions;
· Section 10-5-1: Zoning Map;
· Section 10-5-25: Floodplain Overlay District
DATE:
April 13, 2010
INTRODUCTION
Attached for the Commission's review and recommendation is an ordinance amendment to incorporate the
recently updated Flood Insurance Study, Dakota County, Minnesota And Incorporated Areas and the
accompanying Flood Insurance Rate Map Panels. Additionally, the attached ordinance includes text revisions
that are mandated by the Federal Emergency Management Agency (FEMA) for communities participating in
the National Flood Insurance Program (NFIP), of which Farmington is one.
DISCUSSION
The flood insurance study and rate maps identified above become effective on June 18, 2010. The official
controls (zoning ordinance) must be amended and placed into effect by this date, otherwise Farmington risks the
chance of suspension from the NFIP program.
The attached ordinance amendment focuses on updating three areas of the City Code. These areas being:
· Section 10-2-1: Zoning Definitions;
· Section 10-5-1: Zoning Map; and
· Section 10-5-25: Floodplain Overlay District
Many of the changes to the ordinance are technical and non-substantive in nature. However, some of the more
substantive changes are generally described below:
· Modifications to FEMA required regulations that limit alterations to nonconforming existing structures
that are in the floodplain;
· Limitations on the placement of recreational vehicles and the construction of new structures in the
floodplain;
· The imposing of additional FEMA required criteria that must be satisfied prior to issuing variances to
the development standards in the floodplain overlay district;
.
The requirement of certain notifications to property owners of the impact their land use proposals may
have regarding FEMA and NFIP program eligibility and costs associated.
Minnesota Department of Natural Resources
The DNR has reviewed the proposed ordinance amendments and has issued a conditional state approval of the
amendments. For your reference, I have attached as Exhibit A the approval letter from Farmington's Regional
Hydrologist.
Summary Ordinance
Due to the length of the proposed ordinance amendment, a summary ordinance has been prepared for
publication purposes if approved by the City Council. The summary ordinance is attached at the end of this
memorandum.
ACTION REOUESTED
Recommend approval of the attached ordinance amendment and summary ordinance to Sections 10-2-1, 10-5-1
and 10-5-25 of the Zoning Code and forward that recommendation onto the City Council.
Respectfully submitted,
~ '
TO~PP~ City Planner
I
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-2-1, 10-5-1 AND 10-5-25
OF THE FARMINGTON CITY CODE, CONCERNING ZONING DEFINITIONS,
ZONING MAP AND FLOODPLAIN OVERLAY DISTRICT, RESPECTIVELY
NOTICE IS HEREBY GIVEN that, on , Ordinance No. was
adopted by the City Council of the City of Farmington, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the Section 10-2-1, 10-5-1 and 10-5-25
amendments change the definitions section of the city's zoning ordinance, the city's zoning
overlay maps, and the city's zoning regulations regarding the floodplain overlay district. The
updates are intended to reflect an updated study and mapping of the city's floodplain areas,
including areas that are not presently in the city that may be annexed to the city in the future.
The changes are being made to ensure consistency with current Federal Emergency Management
Agency (FEMA) and National Floodplain Insurance Program (NFIP) requirements.
While many of the changes are technical and non-substantive in nature, the map changes may
include or exclude certain properties from the floodplain overlay district. For those properties
within the district, the changes modify FEMA required regulations that limit alterations to
nonconforming existing structures that are in the floodplain, limit the placement of recreational
vehicles and the construction of new structures in the floodplain, and impose additional FEMA
required criteria that must be satisfied prior to issuing any variances from the development
standards in the floodplain district. The amendments also require certain notifications to
property owners of the impact their land use proposals may have regarding FEMA and NFIP
program eligibility and costs for those owners.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours. The ordinance is also available on the city's internet home page.
APPROVED for publication by the City Council of the City of Farmington this _
day of ,2010.
142593v2
1
CITY OF FARMINGTON
By:
Todd Larson, Mayor
By:
Peter J. Herlofsky, Jr., City Administrator
Approved as to form this _ day of
,2010.
By:
Joel J. Jamnik, City Attorney
Published in the Farmington Independent the _ day of
,2010.
142593v2
2
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-2-1, 10-5-1 AND 10-5-25
OF THE FARMINGTON CITY CODE, CONCERNING ZONING DEFINITIONS,
ZONING MAP AND FLOODPLAIN OVERLAY DISTRICT, RESPECTIVELY
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Sections 10-2-1, 10-5-1 and 10-5-25 of the Farmington City Code, is hereby amended by adding
the underlined language below and deleting the strikethrough language as follows:
10-2-1: ZONING DEFINITIONS:
FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with
the term "floodway fringe" used in the flood insurance study for the city of Fannington and Dakota County,
Minnesota, and incorporated areas.
FLOODPLAIN: The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which
have been or hereafter may be covered by a regional flood. Floodplain areas within Farmington shall
encompass all areas designated as unnumbered zone A, zone .^.3 and zone AE and zone A on the flood
insurance rate map.
LOWEST FLOOR: the lowest floor of the lowest enclosed area (including basement).
MANUFACTURED HOME FOR FLOODPLAIN: a structure. transportable in one or more sections. which is
built on a permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include the term "recreational vehicle".
RECREATIONAL VEHICLE: Any self-propelled vehicle and any vehicle propelled or drawn by self-
propelled vehicle built on a single chassis and 400 square feet or less when measured at the largest horizontal
proiection which is used for recreational purposes, including, but not limited to, recreational camping vehicles
as defined by MSA 327.14 subdivision 7, boats, and off highway vehicles such as snowmobiles, trail bikes,
motorcycles and other all-terrain vehicles.
REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than two feet (2') above the
elevation of the regional flood plus any increases in flood elevation caused be encroachments on the floodplain
that result from the designation of a floodway. Increases to the regional flood elevation (also referred to as the
I-percent annual chance flood elevation) caused by encroachments on the floodplain that result from the
designation of a floodway shall be detemlined in one of the following two ways: I) For Zone AE areas, by
using the appropriate value in the "Increase (Feet)" column for the "1-Percent-Annual-Chance Flood Water
Surface Elevation" from the respective data table in the document titled Flood Insurance Study, Dakota County,
Minnesota and Incorporated Areas as adopted bv reference in Section 10-5-25 (D)(1) of the Zoning Ordinance;
or 2) For Zone A areas, in accordance with the procedures spelled out in Section 10-5-25 (F)(3) of the Zoning
Ordinance.
SUBSTANTIAL IMPROVEMENT: (Within any consecutive 365 day period) any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement
of a structure. the cost of which equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures that have incurred "substantial
damage". regardless of the actual repair work performed. The term does not, however. include either:
(a) Any proiect for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety codes specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions.
(b) Any alteration of an "historic structure", provided that the alteration will not preclude the structure's
continued designation as an "historic structure".
10-5-1: ZONING MAP:
A map entitled zoning map, city of Farmington, is hereby adopted as part of this title. All notations, references
and data shown thereon are hereby incorporated by reference into this title. It remains on file at the office of the
zoning officer. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It
shall be the duty of the city planner to maintain said map, and all amendments thereto shall be recorded within
ninety (90) days of official publication. Explanatory material for the zoning map includes the flood insurance
study for thc city Dakota County, Minnesota and Incorporated Areas prepared by the :Wederal insurance
administration Emergency Management Agency dated Septcmber 1978June 18,2010, and the flood boundary
and floodv/ay maps and flood insurance rate maps panels therein as adopted by reference in Section 10-5-25
illlQ}. This material is hereby adopted by reference, declared to be a part of this title and on file and available
for inspection at the office of the zoning officer. (Ord. 002-469,2-19-2002)
10-5-25: FLOODPLAIN OVERLAY DISTRICT:
(A) Statutory Authorization: The legislature of the state of Minnesota has, in MSA chapters 103F and 394 for
counties or 462 for municipalities, delegated the authority to local governmental units to adopt regulations
designed to minimize flood losses. MSA chapter 1 03F further stipulates that communities subject to
recurrent flooding must participate and maintain eligibility in the national flood insurance program.
Therefore the city of Farmington, Minnesota, does ordain as follows.
(B) Statement Of Purpose: The purpose of this section is to maintain the community's eligibility in the national
flood insurance program codified as 44 Code of Federal Regulations Parts 59-78, as amended and to
minimize potential losses due to periodic flooding including loss oflife, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety
and general welfare.
(C) Waming Of Disclaimer Of Liability: This section does not imply that areas outside of the floodplain district
or land uses permitted within such districts will be free from flooding and flood damages. This section shall
not create liability on the part of the city of Farmington or any officer or employee thereof for any flood
damages that result from reliance on this section or any administrative decisions lawfully made hereunder.
(Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003)
(D) General Provisions:
1. Adoption Of Floodplain Maps: The flood insurance study prepared by the federal insurance
administration for the city of Farmington dated September 1978, the flood insurance study prepared by
the federal emergency management agency for Dakota County datcd October 1, 1980, the flood
insurance rate map and the flood boundary and floodway map developed by the federal insurance agency
for the city of Farmington datcd March 1, 1979, and pancl150 of the flood insurance rate map and flood
boundary and floodvlay map devcloped by the federal emergency managcment agency for Dakota
County, Minnesota, dated April 1 , 1981, is hereby adoptcd by refcrencc as thc official floodplain zoning
district map and made a part of this titlc. (Ord. 001 511, 7 19 2004)The Official Zoning Map together
with all materials attached thereto is hereby adopted by reference and declared to be a part of this
section. The attached material shall include the Flood Insurance Study for Dakota County, Minnesota
and Incorporated Areas and Flood Insurance Rate Map panels therein numbered 27037C0204E,
27037C0208E, 27037C0209E. 27037C0212E,27037C0214E. 27037C 0216E.27037C0217E,
27037C0218E. 27037C0219E. 27037C0236E, 27037C0238E. 27037C0356E and 27037C0360E. all
dated June 18.2010 and prepared by the Federal Emergencv Management Agency. The Official Zoning
Map shall be filed in the Office of the Zoning Administrator.
2. Lands To Which Section Applies: This section shall apply to all lands designated as floodplain
designated as zone AE or zone A within the iurisdiction of Farmington within the jurisdiction of
Farmington as shown on the Official Zoning Map and/or the attachments thereto.
3. Interpretation: The boundaries of the floodplain district shall be determined by GIS or scaling distances
on the official floodplain zoning district map. Where interpretation is needed as to the exact location of
the boundaries of the floodplain district, the city engineer shall make the necessary interpretation based
on elevations on the regional (lOO-year) flood profile, if available, the ground elevations that existed on
the site at the time the community adopted its initial floodplain ordinance or on the date of the first
National Flood Insurance Program map showing the area with the 100-year floodplain if earlier. and
other available technical data. If 100-year flood elevations are not available, the community shall: a)
require a floodplain evaluation consistent with subsection (F) of this section to determine a 100-year
flood elevation for the site; or b) base its decision on available hydraulic/hydrologic or site elevation
survey data which demonstrates the likelihood the site is within or outside of the floodplain.
4. Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal. abrogate, or impair
any existing easements. covenants, or deed restrictions. However, where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this
Ordinance are hereby repealed to the extent of the inconsistency only.
5. Severabilitv: If any section. clause, provision. or portion of this Ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction. the remainder of this Ordinance shall not be affected
thereby.
6. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 10-5-25 (D)( 1)
above may include floodplain areas that lie outside of the corporate boundaries of the City of Farmington
at the time of adoption of this Ordinance. If any of these floodplain land areas are annexed into the City
of Farmington after the date of adoption of this Ordinance, the newly annexed floodplain lands shall be
subject to the provisions of this Ordinance immediately upon the date of annexation into the City of
Farmin~ton.
(E) Conflict With Preexisting Zoning Regulations And General Compliance:
1. The Floodplain District As Overlay Zoning District: The floodplain zoning district shall be considered an
overlay zoning district to all existing land use regulations of the community. The uses permitted in
subsection (F) of this section shall be permitted only ifnot prohibited by any established, underlying
zoning district. The requirements of this section shall apply in addition to other legally established
regulations of the community and where this section imposes greater restrictions, the provisions of this
section shall apply.
2. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended,
repaired. maintained. converted, or structurally altered without full compliance with the terms of this
section and other applicable regulations which apply to uses within the jurisdiction of this section. Within
the floodway and flood fringe, all uses not listed as permitted uses in subsection (F) of this section shall
be prohibited. In addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel
vehicles are subject to the general provisions of this title and specifically subsections (F) and (N) of
this section;
(b) Modifications, repair, maintenance, additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated by the general
provisions of this title and specifically subsection (K) of this section; and
( c) As built elevations for elevated structures must be certified by ground surveys as stated in subsection
(I) of this section.
(F) Permitted Uses, Standards, And Floodplain Evaluation Criteria:
1. Permitted Uses In The Floodplain: The following uses of land are permitted uses in the floodplain district:
(a) Any use ofland which does not involve a structure, an addition to the outside dimensions to an
existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or
equipment.
(b) Any use of land involving the construction of new structures, the placement or replacement of
manufactured homes, the addition to the outside dimensions of an existing structure or obstructions
such as fill or storage of materials or equipment, provided these activities meet two (2) conditions.
First, they are located in the flood fringe portion of the floodplain. Second, that compensatory flood
storage volume is provided equal to the amount of fill proposed. The compensatory volume shall be
provided between the impacted area and the channel in such a way to prevent an increase in the
existing or future regional flood profile. These uses shall be subject to the development standards in
subsection (F)2 of this section and the floodplain evaluation criteria in subsection (F)3 of this section
for determining flood way and flood fringe boundaries.
(c) Travel trailers and travel vehicles are regulated by subsection (N) of this section.
2. Standards For Floodplain Permitted Uses:
(a) Fill And Slopes: Fill shall be properly compacted and the slopes shall be properly protected by the use
of riprap, vegetative cover or other acceptable method. The federal emergency management agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi structure or multilot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested. (Ord. 002-469, 2-19-2002; amd.
Ord.003-498,9-15-2003)
(b) Setbacks: Setbacks for floodplain alterations, fill, and new underground utilities, such as water,
sanitary and storm sewers and interceptors, gas lines, phone lines, and pipelines shall be established
and used along major waterways. These setbacks shall be established as follows. The exception is for
utilities that need to reach or cross the major waterway, provided the minimum impact alignment is
used.
(1) Where a major waterway has a sinuous flow pattern and a meander belt can be identified, the
setback for new underground utilities shall be set back fifteen feet (15') from the outer edge of the
meander belt.
(2) Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel
alterations and/or the geomorphology of the channel, the setback established for new underground
utilities shall provide for the potential for restoration and a sinuous flow pattern as follows.
(3) Where there are existing encroachments that limit full restoration of the stream to the meander
widths appropriate for the stream type, the setback shall be fifteen feet (15') from the reasonably
achievable restoration width for the meander belt given the existing encroachments.
(4) Where full restoration is possible, the setback shall be fifteen feet (15') from a meander belt width
established along the stream reach that has a width ten (10) times the bank full channel width. An
assessment of the stream type may be completed, and meander belt widths established according
to the stream type, in place of using the above ten (10) times formula. Note: The 1999 Vermillion
River assessment report, available at the Dakota SWCD or the Dakota County offices of the
VR WJPO, provide assessment of stream type for many reaches of the Vermillion River.
(5) Where buffers are required, aboveground encroachments, alterations, and fill shall be consistent
with the prohibited and allowed uses and widths specified in the buffer standard. (Ord. 008-593,
12-1-2008)
(c) Projects Altering Floodplain Boundaries: Projects that altcr floodplain boundaries result in an increase
to the 100-year flood stage for activities in the floodwav, such as bridge crossings and regional ponds
that increase upstream high water levels are allowed provided that:
(l) The applicant submits easements or other documentation in a form acceptable to the city or the
VR WJPO demonstrating and recording the consent of the owner of any land affected by the
increased high water levels, (Ord. 009-600, 3-16-2009)
(2) The action is consistent with other portions of these standards; and local, state and federal
regulations, and a Conditional and Final Letter of Map Revision is secured from the Federal
Emergency Management Agency when required by 44 code of Federal Regulations, Section 60.3
(c) or (d), and
(3) The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed
and no detrimental impacts result, or adverse impacts are mitigated.
(d) Storage Of Materials And Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from the area
within the time available after a flood warning or if placed on fill to the regulatory flood
protection elevation.
(e) Adverse Impact: Floodplain alteration or filling shall not cause a net decrease in flood storage
capacity below the projected 100-year critical flood elevation unless it is shown that the proposed
alteration or filling, together with the alteration or filling of all other land on the affected reach of the
water body to the same degree of encroachment as proposed by the applicant, will not cause high
water or aggravate flooding on other land and will not unduly restrict flood flows.
(t) Above Regulatory Flood Protection Elevation: Where 100 year flood critical elevations have been
establishcd, ElAll new structures shall be constructed with the lowest floor elevated on fill at or above
the regulatory flood protection elevation, which is more restrictive than consistent '.'lith the minimum
elevations and standards as specified in state of Minnesota rules chapter 6120.5800, Subdivision
4.B: shoreland and floodplain management; Dakota County ordinance 50: shoreland and floodplain
ordinance: FP, floodplain district; as applicable.
(g) Projects: Projects involving development, redevelopment, or the subdivision ofland, shall establish
flood storage, flowage, and drainage easements over areas below the 100-year critical flood
elevation of any public water, public waters wetland, or wetland.
(h) All Uses: Uses that do not have vehicular access at or above an elevation not more than two feet (2')
below the regulatory flood protection elevation to lands outside of the floodplain shall not be
permitted unless granted a variance by the board of adjustment. In granting a variance, the board
shall specify limitations on the period of use or occupancy of the use and only after determining that
adequate flood warning time and local emergency response and recovery procedures exist.
(i) Commercial And Manufacturing Uses: Accessory land uses, such as yards, railroad tracks, and
parking lots may be at elevations lower than the regulatory flood protection elevation. However, a
permit for such facilities to be used by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for evacuation if the area would be
inundated to a depth greater than two feet (2') or be subject to flood velocities greater than four feet
(4') per second upon occurrence of the regional flood.
CD On Site Sewage Treatment And Water Supply Systems: Where public utilities are not provided: 1) on
site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into
the systems; and 2) new or replacement on site sewage treatment systems must be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters and they shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the state's current statewide
standards for on site sewage treatment systems shall be determined to be in compliance with this
section.
(k) Anchored Foundations: All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over the top or frame ties to ground
anchors. This requirement is in addition to applicable state or local anchoring requirements for
resisting wind forces. (Ord. 008-593, 12-1-2008)
3. Floodplain Evaluation:
(a) Upon receipt of an application for a permit, manufactured home park development or subdivision
approval within the floodplain district, the planning coordinator shall require the applicant to furnish
sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or
hydrologist specifying the nature of the development and whether the proposed use is located in the
floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures
consistent with Minnesota rules, 1983, parts 6120.5600 (technical standards and requirements for
floodplain evaluation) and 6120.5700 (minimum floodplain management standards for local
ordinances) shall be followed during the technical evaluation and review of the development
proposal. In a zone .\3 or zonc AE on the flood boundary and floodway insurance rate map panel
adopted in subsection (D)l of this section, the floodway and flood fringe boundaries shall be as
shown on the flood boundary and flood'.'lay insurance rate map. (Ord. 004-511, 7-19-2004)
(b) The planning coordinator shall submit one copy of all information required by this subsection (F) to
the respective department of natural resources' area hydrologist for review and comment at least
twenty (20) days prior to the granting of a permit or manufactured home park
development/subdivision approval by the community. The planning coordinator shall notify the
respective department of natural resources area hydrologist within ten (l0) days after a permit or
manufactured home park development/subdivision approval is granted.
(G) Utilities, Railroads, Roads And Bridges In The District: .^JI utilities and transportation facilities, including
railroad tracks, roads and bridges, shall be constructed in accordance \\"ith state floodplain management
standards contained in Minnesota rules 1983 parts 6120.5000 _ 6120.6200.
1. Public Utilities. All public utilities and facilities such as gas. electrical. sewer. and water supply systems
to be located in the floodplain shall be flood proofed in accordance with the State Building Code or
elevated to above the regulatorv flood protection elevation.
2. Public Transportation Facilities (including railroad tracks. roads and bridges). Elevation to the
regulatory flood protection elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public health or safetv or where such facilities are
essential to the orderly functioning of the area. Minor auxiliary roads or railroads may be constructed at
a lower elevation where failure or interruption of transportation services would not endanger the public
health or safety.
(H) Subdivisions:
1. City Engineer Review For Suitability: No land shall be subdivided and no manufactured home park shall
be developed or expanded where the site is determined to be unsuitable by the city engineer for reason of
flooding, inadequate drainage, water supply or sewage treatment facilities. The city engineer shall review
the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of
the floodway for fill placement for elevating structures, sewage systems and related activities.
2. Evaluation: In the floodplain district, applicants for subdivision approval or development of a
manufactured home park or manufactured home park expansion shall provide the information required in
subsection (F) of this section. The city engineer shall evaluate the proposed subdivision or mobile home
park development in accordance with the standards established in subsection (F) of this section.
3. Access Roads: For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the
regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled
on all required subdivision drawings and platting documents.
4. Removal Of Special Flood Hazard Area Designation: The federal emergency management agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate
specific fill compaction and side slope protection standards for multi structure or multilot developments.
These standards should be investigated prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
(I) Administration:
1. Permit Required: A permit issued by the city engineer shall be secured prior to the construction, addition,
eF-,- alteration. rehabilitation (including normal maintenance and repair) or modification of any building or
structure. or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the
construction of a dam. fence. or on-site septic system; prior to the change or extension of a
nonconforming use; and prior to the repair of a structure that has been damaged by flood. fire. tomado. or
any other source; and prior to the placement of fill. excavation of materials. or the placement of an
obstruction within the floodplain.
2. State And Federal Permits: Prior to granting a permit or processing an application for a variance, the city
engineer shall determine that the applicant has obtained all necessary state and federal permits.
3. Certification Of Lowest Floor Elevations: The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this title. The city engineer
shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and
alterations or additions to existing structures in the floodplain district.
4. Notifications for Watercourse Alterations: The City Engineer shall notify. in riverine situations. adiacent
communities and the Commissioner of the Department of Natural Resources prior to the community
authorizing anv alteration or relocation of a watercourse. If the applicant has applied for a permit to work
in the beds of public waters pursuant to Minnesota Statute. Chapter 1030. this shall suffice as adequate
notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to
the Chicago Regional Office of the Federal Emergency Management Agencv (FEMA).
5. Notification to FEMA When Physical Changes Increase or Decrease the 1 DO-year Flood Elevation: As
soon as practical. but not later than six (6) months after the date such supporting information becomes
available. the City Engineer shall notify the Chicago Regional Office of FEMA of the changes bv
submitting a copy of said technical or scientific data.
(J) Variances:
1. Definition; Applicability: A "variance" means a modification of a specific permitted development standard
required in an official control including this title to allow an altemative development standard not stated
as acceptable in the official control, but only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
2. Board Action: The board may authorize upon appeal in specific cases such relief or variance from the
terms of this title as will not be contrary to the public interest and only for those circumstances such as
hardship, practical difficulties or circumstances unique to the property under consideration, as provided
for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In
the granting of such variance, the board of adjustment shall clearly identify in writing the specific
conditions that existed consistent with the criteria specified in the respective enabling legislation which
justified the granting of the variance.
3. When Allowed: Variances from the provisions of this title may be authorized where the board of
adjustment has determined the variance will not be contrary to the public interest and the spirit and intent
of this title. No variance shall allow in any district a use prohibited in that district or permit a lower degree
of flood protection than the regulatory flood protection elevation. Variances may be used to modify
permissible methods of flood protection. The following additional variance criteria of the Federal
Emen!ency Management Agency must be satisfied:
(a) Variances shall not be issued by a community within and designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(b) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause. (ii) a
detennination that failure to grant the variance would result in exceptional hardship to the applicant. and
(iii) a determination that the granting of the variance will not result in increased flood heights. additional
threats to public safety. extraordinary public expense. create nuisances. cause fraud on or victimization of
the public. or conflict with existing local laws or ordinances.
(c) Variances shall onlv be issued upon a determination that he variance is the minimum necessary.
considering the flood hazard. to afford relief.
4. Copies Of Application: The board shall submit by mail to the commissioner of natural resources a copy of
the application for proposed variance sufficiently in advance so that the commissioner will receive at least
ten (10) days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail
to the commissioner of natural resources within ten (10) days of such action.
5. Appeals: Appeals from any decision of the board may be made, and as specified in this community's
official controls and also Minnesota statutes.
6. Flood Insurance Notice And Record Keeping: The zoning officer shall notify the applicant for a variance
that: a) the issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance as statcd by current FEMf~ policies for insurance up to amounts as high
as $25 for $100 of insurance coverage, and b) such construction below the I OO-year or regional flood level
increases risks to life and property. Such notification shall be maintained with a record of all variance
actions. A community shall maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its annual or biennial report submitted to the administrator of
the national flood insurance program.
(K) Nonconformities: A structure or the use of a structure or premises which was lawful before the passage or
amendment of this title but which is not in conformity with the provisions of this title may be continued
subject to the following conditions:
1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
2. An alteration 'Nithin the inside dimensions of a nonconforming use or structure is permissible provided it
will not result in increasing the flood damage potential of that usc or structure.Any structural alteration to
a nonconforming use in the floodway or flood fringe which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in
accordance with any of the flood proofing techniques (i.e., FP-l thm FP-4 flood proofing classifications)
allowable in the State Building Code, except as fUlther restricted in 10-5-25 (K)(3) and 10-5-25 (K)(6)
below. A structural addition to a non conforming structure must be located outside of the floodway and
must be elevated on fill to the regulatory flood protection elevation in accordance with Section 10-5-25
(F)(2) of the Citv Code.
3. The cost of all structural alterations or additions both inside and outside of a structure to any
nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market
value of the structure unless the conditions of this section are satisfied. The cost of all structural
alterations and additions constructed since the adoption of the community's initial floodplain controls
must be calculated into today's current cost which will include all costs such as construction materials
and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds fifty percent (50%) of the current market value of the structure, then the
structure must meet the standards of subsection (F) of this section for new structures.
4. If any nonconfoffiling use is discontinued for 12 consecutive months. any future use of the building
premises shall confoffil to this title.
4. ~ If any nonconforming use of a structure or land or nonconforming structure is destroyed by any
means, including floods, to an extent of fifty percent (50%) or more of its market value at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of this title. The city
engineer may issue a permit for reconstruction if the use is located outside the floodway and, upon
reconstruction, is adequately elevated on fill in conformity with the provisions of this title.
6. If substantial improvement occurs, as defined in Section 10-2-1 of the Zoning Ordinance. for any
combination of a building addition to the outside dimensions of the existing building or a rehabilitation.
reconstruction. alteration, or other improvement to the inside dimensions of an existing nonconforming
building. then the building addition and the existing nonconforming building must meet the requirements
of this title.
(L) Penalties For Violation: A violation of the provisions of this section or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection with grants of
variance) shall constitute a misdemeanor.
1. In responding to a suspected ordinance violation, the zoning officer and local government may utilize the
full array of enforcement actions available to it including, but not limited to, prosecution and fines,
injunctions, after the fact permits, orders for corrective measures or a request to the national flood
insurance program for denial of flood insurance availability to the guilty party. The community must act
in good faith to enforce these official controls and to correct ordinance violations to the extent possible so
as not to jeopardize its eligibility in the national flood insurance program.
2. When an ordinance violation is either discovered by or brought to the attention of the zoning officer, the
zoning officer shall immediately investigate the situation and document the nature and extent of the
violation of the official control. As soon as is reasonably possible, this information will be submitted to
the appropriate department of natural resources and federal emergency management agency regional
office along with the community's plan of action to correct the violation to the degree possible.
3. The zoning officer shall notify the suspected party of the requirements of this chapter and all other official
controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is
under construction or development, the zoning officer may order the construction or development
immediately halted until a proper permit or approval is granted by the community. If the construction or
development is already completed, then the zoning officer may either: a) issue an order identifying the
conective actions that must be made within a specified time period to bring the use or structure into
compliance with the official controls, or b) notify the responsible party to apply for an after the fact
permit/development approval within a specified period of time not to exceed thirty (30) days.
4. If the responsible party does not appropriately respond to the zoning officer within the specified period of
time, each additional day that lapses shall constitute an additional violation of this chapter and shall be
prosecuted accordingly. The zoning officer shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition which existed prior to the violation of this
chapter.
(M) AmendmentsJ.: All amendments to this title, including revisions to the official floodplain zoning district
map, shall be submitted to and approved by the commissioner of natural resources prior to adoption. The
floodplain designation on the official floodplain zoning district map shall not be removed unless the area is
filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside
of the floodplain. Changes in the official zoning map must meet the federal emergency management
agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption.
The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider
an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical
study under consideration.
(N) Travel Trailers And Travel Vehicles: Travel trailers and travel vehicles that do not meet the exemption
criteria specified below shall be subject to the provisions of this section and as specifically spelled out
below:
1. Exemption: Travel trailers and travel vehicles are exempt from the provisions of this section if they are
placed in any of the areas listed in subsection (N)2 of this section and further they meet the following
criteria:
(a) Have cunent licenses required for highway use.
(b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by
quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel
trailer/travel vehicle has no permanent structural type additions attached to it.
( c) The travel trailer or travel vehicle and associated use must be permissible in any preexisting,
underlying zoning use district.
2. Areas Exempted For Placement Of Travel/Recreational Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
3. Additions And Accessory Structures: Travel trailers and travel vehicles exempted in subsection (N)1 of
this section lose this exemption when development occurs on the parcel exceeding five hundred dollars
($500.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a
garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will
then be treated as a new structure and shall be subject to the elevation requirements and the use of land
restrictions specified in subsection (F) of this section. There shall be no development or improvement on
the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to
a flood free location should flooding occur.
4. Subject To Floodplain Provisions: New commercial travel trailer or travel vehicle parks or campgrounds
and new residential type subdivisions and condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe
districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood
protection elevation determined in accordance with the provisions of subsection (F)3 of this section
and proper elevated road access to the site exists in accordance with subsection (F) of this section.
No fill placed in the floodway to meet the requirements of this section shall increase flood stages of
the 1 OO-year or regional flood.
(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of subsection (N)4(a)
of this section may, as an alternative, be allowed if in accordance with the following provisions: The
applicant must submit an emergency plan for the safe evacuation of all vehicles and people during
the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual
and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall
demonstrate the provisions of Section 10-5-25 (N)(l )(a) and (b) will be met. All attendant sewage
and water facilities for new or replacement travel trailers or other recreational vehicles must be
protected or constructed so as to not be impaired or contaminated during times of flooding in
accordance with subsection (F) of this section. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498,9-15-
2003)
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 11 of this code.
Footnote 2: See title 11 of this code.
Footnote 3: See section 10-5-26 of this chapter.
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to
law.
ADOPTED this _ day of
, 2010, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Peter Herlofsky. Jr., City Administrator
SEAL
By:
City Attorney
Published in the Farmington Independent the
day of
,2010.
Minnesota Deportment of Natural Resources
DNR Waters - 1200 Warner Road, Farmington, MN 55106-6793
Telephone: (651) 259-5845 Fax: (651) 772-7977
March 22, 20 I 0
The Honorable Todd Larson
Mayor, City of Farmington
City Hall
430 Third Street
Farmington, Minnesota 55024
Dear Mayor Larson:
CONDITIONAL STATE APPROV AL OF DRAFT FLOODPLAIN ORDINANCE AND
REQUIRED NEXT STEPS
The Department of Natural Resources (DNR) received a proposed floodplain management ordinance
for the City of Farmington from Tony Wippler, Assistant City Planner, on March 16, 2010. This
proposed floodplain ordinance is being adopted to incorporate the Flood Insurance Study. Dakota
COllllty. Minnesota And Incorporated Areas and the accompanying Flood Insurance Rate Map panels
with an effective date of June 18, 20 I O. This ordinance is also being adopted to incorporate
floodplain ordinance text revisions mandated by the Federal Emergency Management Agency
(FEMA) for communities participating in the National Flood Insurance Program (NFIP).
I am pleased to inform you that the above-cited draft floodplain management ordinance is in
compliance with Statewide Standards and Criteria for Management of Floodplain Areas of
Minnesota. Minnesota Rules, parts 6120.5000 to 6120.6200. Therefore, in accordance with Minnesota
Statutes, Chapter 103F, I hereby give conditional state approval of the above-cited draft floodplain
management ordinance. To the best of my knowledge, this draft ordinance would also be in
compliance with the floodplain management standards of the Federal Emergency Management
Agency.
This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of
three (3) certified copies of the adopted ordinance amendments along witll tile signed and
completed HOrdinance Certification Cllecklist" that I have included. We will review the ordinance
to make sure it meets the conditions in this letter and forward the documents to Ceil Strauss, the
DNR's State NFIP Coordinator in $1. Paul. Upon receipt and verification, Ms. Strauss will transmit
the adopted ordinance to Mr. John Devine at FEMA's Chicago Regional Office.
Please remember, FEMA must receive a signed, certified ordinance, and in-effect ordinance no later
than June 18, 20 I O. To allow sufficient time for processing and transmittal, we request that you
submit the ordinance to the DNR at least one week prior to the June 18,20 I 0 effective date. If
FEMA "as not received tlte documentation by the effective date, FEMA will suspend the City of
Farmingtoll from tile National Flood lllsurallce Program.
WYtW.dnr.stole.mn.us
. AN EOUAl OPPORTUNIT'l' EMPLOYER
(: PRINTED ON RECYCLED PAPER CO/HAWING A t.lltlIN,UN, OF 10% POST.CONSUMER WASTE
[X. 14
It'
DEPARTMENT OF
NATURAL R::SOURCES
Page 2
March 22, 2010
The Honorable Todd Larson
Please be advised that any future amendment of this draft ordinance or change in the designation of
flood prone areas requires prior approval of the Commissioner. In addition, you are required to send
copies of hearing notices and final decisions pertaining to variances, conditional uses, and ordinance
amendments to this agency. Please send these notices directly to DNR Waters' Area Hydrologist
Janell Miersch at 1200 Warner Road, Farmington, MN 55106. Please rely on Ms. Miersch for day-
to-day assistance in enforcing this ordinance.
The DNR greatly appreciates your community's cooperation and initiative in providing for the
reduction of flood damages through the adoption and administration of this ordinance.
Sincerel~,
/,Arp
'- ~
Dale E. Homuth
Regional Hydrologist
Enclosure (Ordinance Certification Checklist)
ec: Tony Wippler, Assistant City Planner, City of Fannington
Peter Herlofsky, Jr., City Administrator, City of Fannington
Kevin Schorzman, City Engineer, City of Farmington
MN DNR Floodplain Program, Ceil Strauss, Tom Lutgen, Salam Murtada
DNR Area Hydrologist, Janel! Miersch
City of Farmington File