HomeMy WebLinkAbout7B - Keyland Homes Variance
MEETING DATE:
AGENDA #:
PREP ARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
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FEBRUARY 22, 2000
7B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION OO-XX UPHOLDING A DECISION OF THE
PLANNING COMMISSION APPROVING A VARIANCE TO
THE REQUIRED SIDE YARD SETBACK ADJACENT TO A
RESIDENTIAL DISTRICT FOR THE CONSTRUCTION OF AN
ADDITION TO THE EXISTING KEYLAND HOMES
BUILDING IN THE C-5 ZONING DISTRICT
History: In January, 2000, the Planning Department received an
application for a variance to allow the construction of an addition to
the existing Keyland Homes building on the properly located at 17021
Fish Point Road in the Waterfront Passage Business Park. The
existing building is setback 20' from the south property line, where it
is adjacent to a Residential Zoning District. The proposed addition to
the building will also have a 20' setback. Therefore, a 55' variance to
permit a structure to be setback 20' from the side yard adjacent to a
Residential District rather than the required 75 feet (City Code Section
1102.1406) was requested.
On January 24, 2000, the Planning Commission held a public hearing
to consider the requested variance. The Planning Commission heard
testimony from the applicant, Kevin Horkey representing Keyland
Homes. There was no other testimony at the hearing. Upon reviewing
the hardship criteria, the Planning Commission concluded there is a
hardship with respect to this property in that the greater setback is a
result of the annexation and rezoning of the adjacent property, and the
location of the existing building limits the options for the placement of
an addition. The Planning Commission thus approved the variance
request. A draft copy of the Planning Commission minutes are
attached to this report.
On January 27,2000, n.R. Horton, Deerfield Development and John
and Mary Mesenbrink, all owners of property within 350' of the site,
submitted the attached letter appealing the decision of the Planning
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Commission. This letter is consistent with the provisions of Section
1108.408 ofthe Zoning Ordinance.
Current Conditions: The property located at 17021 Fish Point Road
SE was originally platted as Lot 2, Block 2, Waterfront Passage
Addition in 1993. In 1998, the applicant purchased an additionall/2
acre of land from the City Economic Development Authority and
added it to their existing lot in order to construct an addition to the
existing building, a~ shown on Exhibit A.
The existing building was constructed in 1993 and met all required
setbacks at that time. The property directly to the south was annexed
in July, 1997. Late in 1997, the Comprehensive Plan was amended to
include this property in the MUSA and designating it for Low to
Medium Density Residential uses. In 1999, the property was rezoned
to the R-2 district. Once rezoned, the 75' setback requirement from a
Residential District became effective.
The building envelope on the subject site meeting all setback
requirements, shown on Exhibit B, is approximately 165' long by 135'
wide. The building envelope is primarily located on the north half of
the lot. The proposed addition is 150' long by 100' wide. It consists
of a shop and warehouse space. The loading docks and parking are
located on the north side of the building. The proposed addition is.
located 20' from the south property line and 45' from the rear, or east
property line. The setback from the south property line is consistent
with the setback of the existing building.
The Issues: The City Council must determine if it concurs with the
Planning Commission's decision that the proposed development meets
the hardship criteria. In the letter appealing this decision, the
appellants state "the appeal is based on several inconsistencies in the
application, and the fact that the criteria for granting a variance have
not been satisfied." The letter does not include any specific or
supporting information.
On February 16, 2000, the staff received a second letter from the
appellants outlining their arguments against the variance. Due to the
late delivery ofthis letter, the staff was unable to provide an analysis
of these points for this report. This analysis will be prepared and
delivered to the City Council on Friday, February 18, 2000.
The hardship criteria are listed in Section 1108.406 of the Zoning
Ordinance. The following includes the hardship standard as well as a
suggested finding relating to that standard.
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1. Where by reason of narrowness, shallowness, or shape of a lot,
or where by reason of exceptional topographical or water
conditions or other extraordinary and exceptional conditions
of such lot, the strict application of the terms of this Ordinance
would result in peculiar and practical difficulties or
exceptional or undue hardship upon the owner of such lot in
developing or using such lot in a manner customary and legally
permissible within the Use District in which said lot is located.
While the lot itself is not exceptionally narrow, the location of the
existing building on the lot limits the placement of an addition to
the building. If the addition were to meet all required setbacks, the
options for the placement of parking and loading docks are very
limited. This location would nearly eliminate the use of the
building for warehouse purposes.
2. Conditions applying to the structure or land in question are
peculiar to the property or immediately adjoining property,
and do not apply, generally, to other land or structures in the
Use District in which the land is located.
The existing building complied with the required setbacks at the
time it was constructed. The subsequent annexation and rezoning
of the adjacent property created the additional setback requirement.
3. The granting of the proposed Variance is necessary for the
preservation and enjoyment of a substantial property right of
the owner.
The property owner purchas.ed the property from the City for the
express purpose of building an addition to the property. This
addition cannot be built without granting of the variance.
4. The granting of the proposed Variance will not impair an
adequate supply of light and air to the adjacent property,
unreasonably increase the congestion in the public streets,
increase the danger of fire, or endanger the public safety.
The addition conforms to the location of the existing building, and
will not impair the supply oflight and air to the adjacent property.
The addition will not significantly impact the public streets or
endanger public safety.
5. The granting of the Variance will not unreasonably impact on
the character and development of the neighborhood,
unreasonably diminish or impair established property values
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in the surrounding area, or in any other way impair the health
safety, and comfort of the area.
The addition setback conforms to the setback of the existing
building on this site. The required landscape bufferyard located
along the south property line will provide screening between this
site and the adjacent residential district.
6. The granting of the proposed Variance will not be contrary to
the intent of this Ordinance and the Comprehensive Plan.
The granting ofthis variance is not contrary to the intent of the
Comprehensive Plan. When the applicant purchased this property,
he entered into a development agreement with the City. That
agreement notes the further development of this site by expanding
the existing building is consistent with the development objectives
set forth for the tax increment financing district.
7. The granting ofthe Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a
demonstrable undue hardship or difficulty.
The location of the existing building limits the options for the
location of any addition to that building. The granting ofthis
variance is necessary to alleviate a demonstraQle hardship.
8. The hardship results from the application of the provisions of
this Ordinance to the affected property and does not result
from actions of the owners of the property.
The annexation and rezoning of the adjacent property created the
need for the larger setback than originally required on this site.
9. Increased development or construction costs or economic
hardship alone shall not be grounds for granting a Variance.
This variance is not based on economic hardship.
Conclusion: The Planning Commission and staff recommend
approval ofthe requested variance on the basis the request appears to
meet the hardship criteria in that the greater setback is a result of the
annexation and rezoning ofthe adjacent property, and the location of
the existing building limits the options for the placement of an
addition.
FISCAL IMPACT:
Approval ofthe variance will allow the construction of an addition to
the existing building, thereby increasing the tax base.
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ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
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The City Council has three alternatives:
1. Adopt Resolution OO-XX upholding the decision of the Planning
Commission to approve the variance requested by Keyland
Homes.
2. Deny Resolution OO-XX and direct the staffto prepare a resolution
overturning the decision of the Planning Commission and denying
the requested variance.
3. Defer this item and provide staff with specific direction.
The staff recommends Alternative #1, adoption of Resolution OO-XX
upholding a decision of the Planning Commission approving the
variance request to allow an addition to the existing building to be
located less than the re 'red 75' from the side lot line adjacent to a
ResiOiS t.
Frank Bo
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RESOLUTION OO-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF
THE PLANNING COMMISSION TO APPROVE A 55 FOOT VARIANCE TO PERMIT
THE CONSTRUCTION OF AN ADDITION TO AN EXISTING BUILDING IN THE C-5
DISTRICT TO BE LOCATED 20 FEET FROM A RESIDENTIAL DISTRICT RATHER
THAN THE REQUIRED 75 FEET
MOTION BY: SECOND BY:
WHEREAS, on February 22, 2000, the Prior Lake City Council considered an appeal by
D.R. Horton Custom Homes, Deerfield Development, LLC and John and
Mary Mesenbrink of the Planning Commission's approval of a request for a
variance by Keyland Homes to locate an addition to the existing building at
17021 Fish Point Road SE 20' from the side lot line adjacent to a Residential
District rather than the required 75' for the property legally described as
follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County,
Minnesota together with that part of Lot 1, said Block 2, described as
follows:
Beginning at the southeast corner of Lot 2, Block 2, of said plat; thence North
00 degrees 10 minutes 44 seconds East plat bearing along the east line of said
Lot 2, a distance of 228.00 feet to the northeast comer of said Lot 2; thence
South 89 degrees 49 minutes 16 seconds East along the easterly extension of
the north line of said Lot 2, a distance of 100.52 feet; thence South 00
degrees 10 minutes 44 seconds West a distance of228.00 feet to the
intersection with the south line of said Lot 1; thence North 89 degrees 49
minutes 16 seconds West along the said south line, a distance of 100.52 feet
to the point of beginning.
WHEREAS,
the City Council finds that the requested variance meets the standards for
granting variances set forth in Section 1108.400 of the City Code, and that
the appellant has not set forth adequate reasons for overturning the decision
of the Planning Commission; and
WHEREAS,
the City Council has determined that the Planning Commission's decision
approving the requested variances should be upheld.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
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16200 cagle ueeK twe. ~.c., ....rIor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L:) q.ll;-4245
AN EQUAL OPPORTUNITY EMPLOYER
1. Kevin G. Horkey has applied for a variance from the Zoning Ordinance in order to permit
the construction of an addition to an existing warehouse/shop building in the C-5 (Business
Park) District located at 17021 Fish Point Road SE and legally described as follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota together
with that part of Lot 1, said Block 2, described as follows:
Beginning at the southeast comer of Lot 2, Block 2, of said plat; thence North 00 degrees 10
minutes 44 seconds East plat bearing along the east line of said Lot 2, a distance of 228.00
feet to the northeast comer of said Lot 2; thence South 89 degrees 49 minutes 16 seconds
East along the easterly extension of the north line of said Lot 2, a distance of 100.52 feet;
thence South 00 degrees 10 minutes 44 seconds West a distance of 228.00 feet to the
intersection with the south line of said Lot 1; thence North 89 degrees 49 minutes 16 seconds
West along the said south line, a distance of 100.52 feet to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
File #00-002 and held hearings thereon on January 24,2000.
3. The Board of Adjustment concluded the variance met the hardship criteria and approved the
request.
4. n.R. Horton Custom Homes, Deerfield Development, LLC, and John and Mary Mesenbrink
filed an appeal to the decision of the Board of Adjustment in accordance with Section
1109.400 of the City Code on January 27,2000.
5. The City Council has considered the effect ofthe proposed variance upon the health, safety,
and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area
and the effect ofthe proposed variance on the Comprehensive Plan.
6. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variance will not result in the
impairment of an adequate supply of light and air to adjacent properties, unreasonably
increase congestion in the public streets, increase the danger of fire, and danger to the public
safety, unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
7. The location of the existing building on the lot limits the location of any addition to this
building. An addition meeting all required setbacks would nearly preclude any parking and
loading areas for the building.
8. The City of Prior Lake Economic Development Authority entered into an agreement with the
applicant for the purchase of the property with the express purpose of constructing an
addition to the existing building. The Development Agreement states the development of
this site is consistent with the goals and objectives ofthe Tax Increment Financing District.
9. There is justifiable hardship caused by the location of the existing building on the lot.
Reasonable use of the property does not exist without the granting of the variance to permit
the addition to be located consistent with the setback of the existing building.
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10. The granting of the Variance will not serve merely as a convenience to the applicant, and is
necessary to alleviate demonstrable hardship.
II. The contents of Planning Case File #00-00 I are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby approves the following
variance for the proposed structure as shown in Exhibit A:
1. A 55' setback from the south property line rather than the required 75' setback..
The following are conditions which must be adhered to prior to the issuance of a building permit
for the proposed structure:
I. The resolution must be recorded and proof of recording submitted to the Planning
Department within 60 days of the date of approval. An Assent Form must be signed and,
pursuant to Section 1108.400 of the City Code, the variance will be null and void if the
necessary permits are not obtained for the proposed structure within one year after adoption
of this resolution.
Passed and adopted this 22nd day of February, 2000.
YES NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Petersen Petersen
Schenck Schenck
{Seal}
City Manager,
City of Prior Lake
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January 25,2000
Zoning Administrator
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
RE: Appeal to the City Council: Variance Key Land Homes Board of Adjustment
decision of January 24, 2000
Dear Zoning Administrator:
We are property owners within 350 feet of the subject property. We are filing an appeal
to the variance granted by the Board of Adjustment at it's January 24,2000 meeting. We
make this appeal in accord with Section 1109.400 Prior Lake Zoning Ordinance. The
appeal is based on several inconsistencies in the application, and the fact that the criteria
for granting a variance have not been satisfied.
Sincerely,
_~_~m::
Donald Patton
Manager Land Development
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Honorable Mayor & City Council
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372
RE: Appeal, Variance Key Land Homes
Dear Mayor and Council:
Midwest Planning & Design, LLC was asked to review the application for variance and
to prepare a letter to the Council. In our review of the information supplied to us, we
have found the following:
. There are several additional variances, which are required and which have not been
applied for
. The criteria for granting a variance to the side yard requirements of the City
Ordinance have not been satisfied.
. There may be a conflict with the City Council acting on an appeal and also members
serving on the EDA, which sold the property to the applicant. Also, there is a
conflict with the City Staff recommending a variance and providing staff services to
the EDA.
At your February 22nd, meeting, you are being asked to approve a variance to the
required yard of an industrial building which is adjacent to D.R. Horton residential
development, Deerfield. We are asking you to deny the requested variance. The request
for a variance is clearly an attempt on the part ofthe applicant to over use the adjacent
property to the determent offuture homeowners and to the determent ofnR Horton and
the Messenbrinks. Midwest Planning & Design, LLC representing the adjacent property
owner makes this request to deny the variance for the following reasons:
1. n.R. Horton's new residential homes are required to maintain a yard and to provide a
landscaped buffer yard. We diligently provided this separation and the landscaping
knowing that the requirement from the adjoining property would be 75 feet for any
new buildings. D.R. Horton also purchased this property with the understanding that
although the existing industrial structure was only 20 feet away from property any
new structures would be required to be 75 feet from the south property line. We also
understood that the City performance standards would help the interface between
these land uses. A variance to this standard will have a negative affect on n.R.
Horton's development and the Messenbrink's property and on the value ofthe homes
to be built.
2. We are required to provide class one construction on the to be built homes. The
Councils intent of requiring class one is to make our "for sale" owner occupied homes
appear attractive from the adjoining property including this industrial property. Yet
the adjacent user is allowed to build a high bulk metal building only 20 feet from
south property line. This standard is inconsistent. Although section 1102.1407(2)
Additions and Alteration. Provides that the addition should be made of the same
Midwest Planning & Design, LLC
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materials as the principle structure, it is hard to believe that the Council's intent was
to allow a metal building 20 feet from the property line adjacent to a residential use.
3. The purpose of required yards especially as separation from incompatible land uses is
to create buffers. Your ordinance realizes this requirement and requires additional
space and landscaping between incompatible land uses. Yet this application is to vary
the standard that is so important to maintain property value and habitable space for
new residents. The staff report indicates that this property was purchased before the
zoning was changed to residential. This is true. However, both the EDA and the
Applicant were aware that the Messembrink land was planned for residential use
before the ~ acre was sold to the Applicant. The sale occurred in 1998. The
Township land use on the Messenbrink property has been residential for a number of
years. The City's Comprehensive Plan showed this property as low to medium
density residential use in late 1997.
4. The existing building is a non-conforming structure. Based on the following Sections
of the Prior Lake Zoning Ordinance, the proposed expansion is illegal.
. Section 1107.2302 (2) "A nonconformity shall not be enlarged, extended,
expanded or changed in any manner or dimension except to comply with
provision of this Ordinance". Expansion of this nonconforming structure is illegal
unless the City grants a variance to this section of the Ordinance.
. Section 1107.2303 Special Requirements. (2) Nonconforming Structures. a.
Permitted construction. "In the following cases, construction is permitted on a
legal nonconforming structure. Construction, which does not extend, expand, or
intensify the nonconformity. The existing building a nonconformity and is being
allowed to expand with out a variance to this section of the Ordinance. This is
clearly illegal.
. Section 1107.2303(5) Nonconforming parking. "Any use on any property which
contains a nonconforming parking lot shall not be expanded or intensified unless
the property is brought into compliance with the standards contained in subsection
1107.204." The existing parking lot is nonconforming in that it is 20 feet from
Fish Point Road. The requirement in this zoning district is that the parking lot be
at least 30 feet from Fish Point Road (Sectionlll 02.1406). Section 1107.204
requires that parking abutting an "R" District be at least 20 feet from the side lot
line and a Type "c" buffer yard be provided adjacent to the parking lot. The
applicants existing parking is less than 20 feet from the side lot line. The Zoning
Ordinance requires that this parking lot be brought into conformity. The prop_osal
does not show that the existing parking lot is being brought into conformity.
Likewise, the Ordinance's required buffer yard is not being provided adjacent to
the existing parking lot.
5. Not only is this an application for a yard variance, but the proposal seems to vary
several zoning performance standards with out application for a variance. We
understand that these variances have not been applied for but they will affect the
relationship between the properties. We suggest that this application be sent back to
the Board of Adjustment so they can act on all of the variances at the same time. The
ordinance clearly requires variances to the following section to allow this building to
be built on this lot:
Midwest Planning & Design, LLC
. Besides the specific performance standards, the proposed use does not
conform to the following Standards:
. Section 1107.305 there is no indication from the plan provided to
us that the requirement for off street parking and loading are met.
. Section 1107.1904 There is not indication from the plan furnished
to us that the landscape requirements are being met.
· Section 1107.2202 (1) there is not indication from the plan
furnished to us that the standards for roof top equipment is being
met.
. Section 1107.2202 (6). There is not indication from the plan that
required class I material is being used. Nor is there a description in
the staff report, which indicates that these standards have been met.
Section 1102.1407 (2) requires that "all subsequent additions and
exterior alterations shall be the same as those of the principal
structure...This provision does not prevent upgrading of the
quality of material". The City Staff is interrupting this section to
mean that a non-conforming structures can be enlarged with a side
yard variance. This interruption is wrong. The existing structure
is a nonconforming structure. Section 1107.2300 clearly provides
that this existing structure must be brought into conformity to be
allowed to expand or intensify.
. Section 1107.2202 (8)(t). From the plan furnished to tis there no
indication that pedestrian areas are provided as required by the
Ordinance.
6. In the interface of incompatible land uses it is important to maintain separation not
only for the livability of the residential property but also the usability of the industrial
property. Standards are important to be maintained by both parties so that the
industrial user, the resident and the city are provided the longest and highest value
from the property. Variances are not the rule but the exception.
7. We know from experience that the over use of property with building or parking lot
has determaental affects on the surrounding property and the city. These affects are
as follows:
. Blighting influences on the industrial and residential property because of not
enough room to provide busiI1ess operations and to provide effective yards
between buildings and uses
. Blighting influences because of the lack of parking and the use of the public street
for over flow parking which has been the case for a number of years in this under
designed industrial park.
. Blighting influences because of the not enough room to provide public fire
protections because of the reduced yards, which are filled with landscaping. One
of the reasons to have larger yards is to provide both landscaping buffers and a
means of fighting fire
. Surface water run off is increased because of the lack of impervious surface.
Midwest Planning & Design, LLC
_.._-".."....,......~..........
The State Legislature has realized that the variance is a tool that can be only used if
''undue hardship" exists. The City Ordinance requires that all nine conditions for granting
a variance must be met in order for the Board of Adjustment to grant a variance. The
following conditions have not been met:
1. There is not an undue hardship as defined by the City Ordinance or by the
State Statute. This is not an extra ordinary exception as is required by the
city ordinance. This lot is simil$' to most of the lots in the industrial area.
The property owners simply wants to over use this lot and not adhere to the
city standards which are meant to protect other property owners in the area.
2. Conditions applying to this structure or to the land are not peculiar to this
property. The applicant and EDA were aware that the adjacent land was
planned residential when the property was purchased for the expansion. It is
unlikely that this is the only property in Prior Lake where the interface
between land uses does not conform to the existing ordinance.
3. This property is being used at the present time. The property owner is not
being denied the use ofhis property.
. Granting the variance will increase the danger of fire and will endanger public
safety. With only 20 feet between property rather then the required 75 feet the
ability to fight fires on the south side of the metal building is impaired when
the required landscaping matures.
. Granting this variance including harm to the ability to sell adjacent property
will impact the neighborhood. Granting this variance will reduce the value of
the adjacent property. Like wise, the proposed building is not too standard as
it relates to the architectural design standards, Section 1107. By not requiring
a variance to these standards and the nonconformity standards, the Board of
Adjustment violated the City Ordinance.
. Granting this variance will not be in keeping with the Comprehensive Plan,
which requires buffers between land uses. and requires high design standards
. This variance is to serve the convenience of the applicant. An undue hard
ship as defined by the State in the Enabling Legislation does not exist.
Reasonable use of the property can be made with out granting the variance.
. The hard ship results from the actions ofthe owners to over use the property.
Granting this variance will do harm to the value of the adjacent residential property and
to the general welfare ofthe community as well as to the public safety. For his reason
we are asking the City Council to deny the variance.
Sincerely,
Midwest Planning & Design, LLC
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Richard Krier, AICP
CC D.R Horton Homes
Donald Rye
Midwest Planning & Design, LLC
17021 Fish Point Road
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PLANNING COMMISSION MINUTES
MONDAY, JANUARY 24, 2000
1. Call to Order:
The January 24, 2Q00, Planning Commission meeting was called to order by Chairman
Cramer at 6:30 p.m>'l'hose present were Commis~ners Cramer, Criego, Stamson and
Vonhof, Planning Coordinator Jane Kansier, ZOIftng Administrator Steve Horsman and
Recording Secretary COrnlie Carlson. /
, /
,
//'
'\ /'
, "
V onhof /\ Present
Criego // '\ Present
Cramer .// \\ Present
Stamson // "\" Present
/ \\,
3. Approva~Minutes: '\.
The Minutes.rr{m the January 10, 2000, Planning ~ission meeting were approved as
presented. /
2.
Roll Call:
.,
'.
4. Public Hearings:
~
A. Case File #00-001 Keith Horkey of Keyland Homes is requesting a variance to
the required side yard setback adjacent to a residential district in the C-5
(Business Park) District for the construction of an addition to an existing
building on the property located at 17021 Fish Point Road SE.
Planning Coordinator Jane Kansier presented the Planning Report dated January 24,
2000, on file in the office of the Planning Department.
The Planning Department received an application for a variance to allow the construction
of an addition to the existing Keyland Homes building on the properly located at 17021
Fish Point Road. They are requesting a 55' variance to permit a structure to be setback
20' from the side yard adjacent to a Residential District rather than the required 75 feet.
Staff felt the proposed request appeared to meet the hardship criteria in that the greater
setback is a result of the annexation and rezoning of the adjacent property, and the
location of the existing building limits the options for the placement of an addition. The
staff therefore recommended approval of this request.
Comments from the public:
L:\OOFILES\OOPLCOMM\OOPCMIN\MN012400.DOC 1
Planning Commission Minutes
January 24. 2000
Kevin Horkey, Keyland Homes, explained the company needs additional storage would
like to expand and this is the only way to do it.
The public hearing was closed.
Comments from the Commissioners:
V onhof:
. Agreed with Stamson on the variance hardship st
. The annexation caused the hardship.
. Supported the requested.
. ding. Kansier said they were building
dinance requirements.
Stamson:
. The City marketed and sold the property with this in mind.
. Staff pointed out the variance meets all the criteria.
. Supported the request.
Criego:
. Hardships have been met.
. Agreed with staffs recommendation.
BY STAMSON, APPROVING RESOLUTION 00-
CE TO PERMIT THE CONSTRUCTION OF
UILDING IN THE C-5 DISTRICT TO BE
SIDENTIAL DISTRICT RATHER THAN THE
by all. MOTION CARRIED.
5.
A. Case File #99-100 Hillcrest Homes Variance - Resolution
Zoning Administrator Steve Horsman presented the Planning Report dated January 24,
2000 on file in the office of the Planning Department.
On January 10, 2000, the Planning Commission held a public hearing regarding the
requested variances on this property. After reviewing the proposal with respect to the
I :\OOfiles\OOplcomm\OOpcmin\mnO I 2400.doc
2
Memorandum
TO:
FROM:
Frank Boyles, City Manager
Jane Kansier, Pianning COOrdinator~
February 18, 2000
Additional Information for Council Agenda Item 7B, Keyland Homes
Variance
DATE:
RE:
cc:
Don Rye, planning Director
On February 16, 2000, we received a letter from Dick Krier, on behalf of the
appellants, D. R. Horton and John and Mary Mesenbrink, outlining their
objections to the variance for Keyland Homes. The variance will allow Keyland
Homes to build an addition to their existing building that will be located 20' from
a residential lot line rather than the 75' required in the C-5 District. This letter
was included in the agenda materials; however, the staff did not have time to
respond to this letter before the agenda was mailed. The following is our response
to the relevant points of this letter.
Mr. Krier claims the building materials used for this addition are inconsistent with
the Ordinance requirements. Section 1107.2202 lists the general requirements for
architectural materials. The C-5 district, however, has a specific set of design
standards for buildings in that district. These standards are listed in Section
1102.1407. According to this section, metal panels with interlocking, concealed
or tongue-and-groove seams and concealed fasteners are an acceptable building
material in the C-5 district if the exterior finish is warranted by the manufacturer
for twenty years against blistering, peeling, cracking, flaking, checking or
chipping and ifnot more than 50% of the building elevation faces the street. The
attached description of the building material for the Keyland building shows that
it is clearly consistent with the requirements ofthe C-5 district.
In addition, Section 1102.1407 (2) specifically references additions and
alternations to buildings within the C-5 district constructed of materials that do
not conform to the current requirements. This section states "all subsequent
additions and exterior alterations built after the construction of the principal
structure(s) shall be of the same materials as those used in the principal structure
1:\OOfiles\OOappeal\OO-008\response.doc Page I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
and shall be designed to conform to the original architectural concept and
general appearance. This provision shall not prevent the upgrading of the quality
ofmaterials used in a remodeling or expansion project". This section also allows
the materials used in the proposed addition.
Mr. Krier also references the nonconforming requirements (Section 1107.2300) of
the Zoning Ordinance and suggests variances to these requirements are also
necessary. It is true that the setback ofthe existing building is nonconforming.
This setback cannot be expanded without a variance to the setback requirement, as
requested by Keyland Homes. The setback variance is the appropriate variance.
A variance to the nonconforming provisions is unnecessary and redundant.
Mr. Krier also references Section 1107.2303 (5) which pertains to nonconforming
parking areas. First of all, he is correct in stating the setback of the existing
parking area from Fish Point Road is nonconforming (20' instead ofthe required
30'). However, this section of parking lot is not being expanded. No parking will
be located closer to the right-of-way than the existing area. A portion of the
existing parking lot is also located closer than 20' to south property line where it
is adjacent to a Residential district. Again, this section ofthe parking lot will not
be expanded. All new parking areas will meet the requirements ofthe ordinance.
Finally, this letter suggests the following criteria have not been met:
. Section 1107.305, off-street parking and loading. The use requires 49 parking,
spaces and one loading space. There are 59 parking spaces and at least 4
loading spaces on the site.
. Section 1107.1904, landscaping. The use requires a Bufferyard Type "E"
along the south property line for the length of the new building. This
landscaping is provided.
. Section 1107.2202 (1), rooftop equipment. There will be no rooftop
mechanical equipment.
. Section 1107.2202 (8,t), pedestrian areas. A total of936 square feet of
sidewalk or plaza is required. The existing sidewalks meet this requirement.
The criteria used to grant a variance are addressed in the agenda report.
1:\OOfiles\OOappeal\OO-008\response.doc
Page 2
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every el1dUse,:ranging' from large
offlce'to small. storage builtjings. .
Each and every facility carries a .
reputation.for 'qt.i~Ny'~nd value.. " _ .
dVP waU systems are designed to
meet the. mostexaCtll1g cUsto'mer .
T'" __.... -. _' -, .'.~. .' _..~ . ,_' ',' _ : "." ,
reqLJirements:~~MadefromJhe '.
~ finest steelliiico'iitrolled plant';
. . ,', environment: YOlj'a~e"assured of
".. . N, " :: . ~ a high,gu_ali~,'~lghl~':~~Jqi,e~t: ;.
., L' . ~ I structl;Jre."}y~. ~.aU"sy~!e.r\.1~ 'also
. ". '. ~:;';' ',' '1 . ~ri~~~r~~~J~d:~~~i,~b~fr ~~~~ . ., ;>,:)~,;;bW:
'., . aesthetic'reciuirem~nts: ;'-~ri'd, \~.,: :~'.' >.,~/~r
"whenryc>n-TIi,etalytaUs are. d,esireCl. '"':::">,::~ S
your\/P Builder can'C'o~stiuct your :Y.;::::i:::;i
building'with virtually any"..," "",
.... alternative material, .easily. . . "..,
TOD 0:
:>'111 Tlllntlon
,.:',S~,;;>i..!x
.0',103: 0,107
0,085 'u,082
Y.'
"', "
Total
Thickness
. 'O:()217 '.'
<0.0~79 .'
,Y:~~f':.s,i:;SEicti~n :moduius (inChe~3) . '. I
.~rjU,;:JX~ Moment 01 inertia {inChes4)________ _~___ _________J
~ " '. .._----~....
F.-~ -c- THERMAL DeSIGN VALUES FOR VP 100NP 002
2"
3"
'4"
Calculated'
R-Value U-Value
7.41 O. ~35
11.80 () .085
15.10 C.066
In-Place..
R- Value U-Value
6.08 0.165
7.74 0,129
8.45 0.118
.."ll,,~
. . ~ \~l~~~ t1
. " .'~??;~ ;i
-:,: ~ ;.: ~.
",~:: ~- ~j.::
__ oh ,.;.:;~
/.;!;if \
. , ~'Calculated thermal values r:.3 based on full insulation thickness.
"In-Place thermal values are based on ASTM C236 Guarded Hot Box Tes~ or are .
';;alculated accounting for effects of fasteners and insulation compression when the
Tests are not available, . . . .
,.,1" .
I'---~-'''' ---,--- -, ---....--.---.--'------.-.---.--.--..... . ,.', ----------... ,
~~iJ;;.'1~':,1<-,iE!l\.".~~~.z.":E~?r0~~.;:z~.::.;;Z\1~;;:.~:T':.Z:2?ii"ID'"~.z::~~.J;:~';;J:::t:'lJU'i~~r~~$;i?-i;~;;~:;~~'
.;.' KOOOJ. i.'~.;!J.. . . Va. .~Cf!.Pi'UdeiD <
"'~ r~~' (D~1i~~:t~lJfi"'g' ~
~~ , i>~,~ D~i3J~9l~tllft. ~
"" 2 C YEAR H .
!,.' l.-.-.._--= : ,r.. Unitsd Dominion Cernes!'!'1
. 't\i,,\R:(;;\NTY ~f'IDOr{~:;f.Ai1;::\iT '
.~, KXL P)~NE~ flNtiSH Built On Superior Sarvice
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v,,~C=,"WD<:I'; JIJllc-lNG:i,,, :l,,'l~!..ln 0; Unli.,c: Oo",inlo(l
'i.,..L;- :I), :;"": 'JfCff':o."'Ih ;N~l-;C1 ?c~ ~"'l1:;:, icc:cry '.Jpphed '0 :n~
l~:~'\O' 'h~.-;OC.: 'J: IO'-of ond/"3' we.; ~on,~;; "~;)'~i1 lfH~cIL.,.j :p
',";;,;~~(.=c:~~' \'1'1';', -'i~"~C:;-l1'Jc:~eN'1 ~o""hC~nCj~l an !lnl:ctlofH
<.:' vny "'..\~CO.;>RU~:-.l bJ;lc.~ In !lta CcN~nlcl Lh 3d ;:IOltU.
(:')~lln~nlc: ':'Jntldil on-d Alol~a, and ':Y~ .upmlld fa "<)10101
o!"'Olph~"c condition I a\ dolir>!id billow wjii. \ubjoacl to rhQ
co"d",on\ and li.nitclion.\ Sift 100:' l:;) 1104 "'~~>j, ItQt croc:'. ck"c~.
billl.,r. p<!1l1. hok.. 01 ch,p, e1 ~ !::l o;>lor I"llCro Ihon 5E UIlIII ru
C,lC01Uflld I.~ occor(lcnc~ ",it!\ AS-:"M D-21,~J.79 paragraph
.\ 3 ";! A 0: chalk ,nt"'C~\1 ~ on AST"" ~5';)-oo no. a raring for a
p3"od 01 rwonryl201 Yllorl ohor lhtprn.l'd.
,S'l wflIrunry do,,\ ~.." opply. hOwlJv-,r 10 roof and/or 'IVeIi panel.!
It'I~f~ll.,d C'r on, b:.:i!d~t"l; locatcd il~ th~ 'iiCin...t ~ l) ~uh",
,..01:01 IhorollnQ. or c:homio:ol plonl or orry WJd'~ ~ wctcira
do"'og~ 10 roof and/or wall pon8b moIl, lroc~obla te on
.<i3nllfiobl" lourc~ of c:orrOliv~ dilCh~ ~ Qf c~
which hovo. on 0 . 1l9u1c; b':llil, olfsc:od wcll ~u!ldng.
In odd,hon. Ihll wcrranty lholl nol opply :0:
101 roof cnd/or woll ponalllhOl havll e,;<Jn eomcgoo In ll"t;nti
. or on iob ll'o! or hov01 b~en improplJrly slorlJd;
(bl roef or~ w.:ll ponllls Ihol :'ov~ b'ltln lub"c:Ild \10 m!~uw.
n!l~hg~"c:~. or hove beon ,ncv'!d from rho orisind ploc.) of
'",:'crlon. or (ocl and/or wol! pano!:. Ihol hov" nol bun
erec:,d ,n occord'JnC!i With 011 opplic:o~:e VAQC07RUClEN
dro......ng~ ond InltruelionJ ond gooc "r~c:ion ~~
(c) coll,,:crol building mot~rjell. '~cce;sori\1s. oqulpm:tili ond
O:;lrw ,t"mS not soid b,! VARCC :'WDEN ond <:fly dClT~-
10 :cd ond/or woll p'~n"is resu!ling Ihorolrom;
(d) domoge :::: or d"leC:l,n roof ond/or woll ponch ,=eu..,~ 1:rr
,merop., 'nll'JIlOIIOn
~cl dom09":0 or def"cll in roof ond/or woll ponoll couse:l by
i"m OCCCSlorllH or IOltonefl not lupplilld by VAR:O.
PRUOEN or delltr,or::Jlion ," Ik;J I':'of end/or wall panels
reloled Iher~lo;
If 1 ,h3 condition known 01 'microcrccxing' of rool and/or ~rcii
',: POnl!:i1 wh.eh is 0 common OCCurranC$ in III'! forming
. prO~3H of color ccol,d roof and/or wall pcnels ond is nol
10 b~ ace",~ci 0 defecl warranted ~I:)r.,u"dcr: end
. !9; oom09U. fad,,,!) or dolflall CO'J1'C by Acts 01 God. bl!ir.g
ObpC'1. "'/ornol forcol. e.plolll:'r.. fire. riOll. civil
:o",,,,ollonl. ~ar",fui fumes. !oroign lubltonC"l in Ihll
(;.~mO'ohQ; 3, or corrOllon cou\"d Dt 'J"'i'OI\110 10 mOllr.,..
=-rmosphg(f), ~clt !prcy. chJmICC!S. 01n, cr olomic ladioricfj.
-~.\ warranty i1 l!.\l~"dcd solely 10 In? Ow""r ncmeCl heroin one' is
ocn.lrO"lbrob!'? on:! "on<lulg,,~blo. Tn.. condition il a merllnel la'm
c' ri'l,1 wonoMy and conhe"",,,lion cf the lerm by rh" OW"Cl( Of ils Og3"'
or 'epre~~nlo;ov'? lholl ;"I'lfW'l VAgCO.P~UDEN from ih obligOlior'1
,.,ere;.;nde.
i:-1E WARi1i~NileS C~SC;Wl(D A:--lO ~IM!Ti:D A1.l0Vi: AND THE
,~MDIES SE, ::O:<rH 3EtOW FO!! Rem AN~/Oll WAll P.b.NELS
:,HAll BE j~. lieU Oi' .1,Ll OTH~~ WARRANTIES OR ~~MEDI::5
"i'''ET:-iE~ e;?iZESS~O O~ 1/vIr-UFO. INCLUi.)!~-i(; aUl NOT LlMIT~,)
r::;; ANY IMPI.lr.D WA:ZRANTIES OF Mci1Cj".\NTA8111T'r' AND
Fln~cSS FOR;1. ?/\iHiCULAR i'URPOSE
Upon ....."ltan nolificalion r9ClllV.,d by VARCO.PIlUDEN within rho
~',.., aOO'fl>-IIOI:td worro"ty poriod ond mcdo by Iho Ownar within thirty
(30) do,!s from detection of any failurll of tho mar.riols 10 conform 10
:h" cb'ovlI wcrranty, u~on pr"senlotion by the O...nor 01 this fully
,""culad worranty ogr-oemenl. a"d upon inspoclionby VAlleO-
PRUL)EN to verify said nonconformity, VAReO.PRUDEN sholl. ot its
lolll oplion. "pair, rllplllC' or r1p1:inl 1001 and/ol w09 pontla proyfd
10 ~ ceflldivo without charge to tho Owner. BoIor. any color change
\J\.d3~C(!:::td )0 f~ce l~ ~"'o~vr.,d, (Jr.'! :hc;::.. cr dIn on pC;:';3h '.ru:l b)
-1',",OYf1G J'.' ....(':~;..1;~1 :;~:'i':i"i;':7 "'Id", .; _,.;.ol,:) ~ch..;!..:.."1 ]1 :'~e..,"'mt.l"',,~,;
':..,. ';'01i""1 z.t..:~~j:~J(. .:;.,d .......i;,;I~H1 crl ""'I:"; 'J .)ci! ,join 7h,"" li-.'~l")CC: ';
:""'!Oi")f:l)fl ~."'iull ':::'J c' '.IA.~C:; ?f\l..'i':':N'1. ~(;j~ dl~cr"i1cn .:::;,.".::1.;.:1'..:..... ,;
n.).~coniCf,ntth.U. in the 'l':annar and f.,;r :11f) Dcrlod 000';':) $hali
~C.,,:,j.'iul" fuiiillmllnl oi ail :::bllgol1onl "f '1;;~CO.r'>(UOE,.. 10 !flu 0w~",
wiHnwr bOleC ~pon co,,"oc!. tor! (including ""glioonc'll. IIrlC! ilob.lit)
or olhirw'\1. ,\ny rtlp::Ji'od. '"p!l'nl~d or r<>plon-:l ::.0(.;1',,1. lUppjl~d on
Icli,'ccho'1 0/ !n.;! 00119,.lic n, und.., .ho; ''''orrC"~)I ~ilol; b6 IUb'OCl iO .h'l
warmnry only lor Ih, r3molnd.Jr of Ih.. pollod oppl;co~i~ !o Ih" proauCl
arig,nolly purcholed. Failura of th3 Own!)r 10 9'''0 ,,,...ely "Glice 10
'IA~C0.PRUDEN of foillJ'" Ie conform rel:~"el VAR(.:).PRIJDEN of
.:;ny and 011 obliQo:ions und31 rl11l worranly
TliE REMEDIES ~EI ~<'H!H HEREiN ARE EXC1ll5IVE. VmHO'jT
~EGAllD TO WHETH~~ . r..:" OE~cCT WAS DISCOVERABLE OR
lAT(;NT ,q THE TIME \..:' UE~IV~RY OF THE MATERIALS TO THE
OWNER. Th... ossonlial purpOlO of this .XclUlIV~ remedy ~holl be 10
providll the Ownar with rape" or ~.ploc~' '~nl of ponllli thol pro".. to
bo d.foClivo within the p.1".;>d C'ne u"j,,; !.." ccnO:licns prevloully leI
iorth. This oxdusive rllmedy )no!l nol heve f. I." oil" euenhol p~'rpose
(o~ the: '"rm ;s used in the Unilc~m Cornm::rClol Cod,,} prav,dod
V,:IilCO-PRUi)EN remain, w,i:ing 10 r!:l!:Xl" or repiac;) dafeclivo paneh
wilhin 0 comm'!rciolly rlJoH.n~l,le time aftcr il obloln~ octuel
~nowllldg., ollh'! .",~tenCII 01 0 particular d""lJO:!
iN :\10 eVENT S'lAll VARCO-P~UDEN Bt lIA8LE FO:< ANY
SPECIAL. CONS"'~U!:NTIAL. !NCIDENTAL OR INDIRECT DAMAGES
WITH RESPECT TO HilS SALE OR ANYTHING DONE IN
CONNECTION HERt:WITH pNCLUDING. Wm~OUT 1I.'v\IT...T10N.
ExECTION SERV'CES F~O'/Ir>~D BY BUIlOER 0;;: BY VARCO.
P!P;D:I'l!, W~'EiHF.~ 3/..SEO UPON C6~HP.ACT. TORi
IINetJDING ;-iCGlIGENCEl. STRiCT lIABILl1'l' OR OTHERWISE
l::<C~I'T TO THE EXTENT MODIFIED HEREIN. THE WARRANTY
COVERA0,' APPllCA8~E TO THIS BuilDING SI'lALl BE AS STATED
ii': VA::C:).PRUDEN'S '<;jANDARD WARRANTY: AND ALL
lIMITA"lf)N::i. ;-XeLuSh':''' is AND OISCL.l,IMEr.S iNClU~ED IN
$A):; .S'(.:Ni)AkO ','i:'.::RA. .'f'(' SHAll APPLY l,'.'ITr< FULL FORCE
HE~;:~C' EX,:r.PT FOR HiE Ai'~IRMATIVE O.lIGAiIONS
UND':~" ..,KEN ~y \O~e":'.p~U.:JEN HERE!N. ANY
INCON~;~'n:Nry BETWEEN ,Hi: TE~MS Or THIS WAR~."'NTY AN~
THE TB.Vi.; OF SAID 'STANDARD WARRANTY' Shl.lL 8E
~ESOlVED iN i'A'IOR OF THE TE~MS OF SAID 'STANDA~C'
WAR~.',NT'f.'
OQt3I~UQd
Vorco-:"rud'JT; Au"iF.Orizclion
Q""'1:.:r
W Joo ii
Joo locotion
S' et:1
GiY
S'ole
evifa,.,r'~ Nom~
Vcrco-Prudon iuildin2Sr a ~ivision of
United Dominion Industris:l, Ine.
IC29 ,O/92.500.AP
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