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HomeMy WebLinkAbout8A Pole Building Titus 2nd Add AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT ~~IR TREMERE, ACTING PLANNING DIRECTOR CONSIDER REQUEST BY JEROME MILLER FOR PERMISSION TO CONSTRUCT A POLE BUILDING IN A R-1 DISTRICT SEPTEMBER 19, 1994 The applicant desires to relocate a 3,500 square foot metal pole building from a site in the west portion of the City to Outlot A, Titus Second Addition, which is north of Pike Lake. The City Code, at Section 4-7-4, permits metal pole buildings in the A-1 and C-1 Districts and "only in any other district upon approval by the City Council." The code provides that the Council shall exercise its discretion in determining whether or not a building of this type would be compatible with the surrounding area. The code further provides that, "such structures may be authorized by the Council for use as warehouse, heavy equipment storage, or other uses which would tend to be compatible with that type of structure and in a location where it would not be offensive to other property owners or persons within the City". The applicant has indicated that the building would be used for machinery and hay storage from adjoining farm land and is not intended to house animals. The Planning Commission at its September 1, 1994, approved a yard setback variance and an area variance subject to the following: no animals be housed on the property, the location will be visually inconspicuous, the petitioner met the standards of hardship, and the use of the property is agricultural. The matter before the Council is whether to approve the pole building in the R-1 District. The R-1 District, in this case, is not served by municipal sewer and water. The R-1 zoning was established in the early 1970's when rural platting was permitted by the Prior Lake Code. The character of the area is a mix of active agriculture and single family dwellings. Staff did consider the possibility of processing an application to rezone the property to an A-1 or C-1 status: however, the history of the property and the actual development of some of the land with single family homes diminishes the value of that approach (although Staff will be examining this area as the entire City is evaluated with respect to land use guide plan classifications and zoning classifications. The information presented by the applicant both in support of the requested variances and as part of the request brought before the 4629 Dakota 51. 5.E., Prior Lake, Minnesota 553?.2_-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T' "T"' "-r'" ALTERNATIVES: RECOMMENDATION: REVIEWED BY: Council, shows that the use of the building would be consistent with the agricultural use of the property. The Planning Commission considered the matters of compatibility and visual impact, particularly with respect to the variance for size since the maximum accessory building area in the R-1 District is 832 square feet. The applicant will be dismantling the building on a site west of County Road 83 and north of County Road 82, and re-assembling it on his property. It is Staff's view that the City Code was written to address situations as this; significantly the code is providing for permission to build a pole building and is not requiring a variance. Thus given the actual site layout and proposed location of the building (with the variances granted by the Planning Commission), the matter of compatibility is addressed. 1. Approve the request for a 3,500 square foot metal pole building on Outlot A, Titus Second Addition. 2. Approve metal building subject to modifications or conditions as developed by the Council during discussion of the request. 3. Deny the request for specific reasons relative to the City Code criteria of use, compatibility, and location. Alternative 1. Staff finds tha the review of the variances by the Planning Commission covered the iss es of compatibility and location. /! I ( , </ ( i/ljd~ Frank Boy s, ~/ -2- '1"1' r" September 12, 1994 Prior Lake City Council 4629 Dakota Street S.E. Prior Lake, MN 55372 Dear Mayor & City Council Members: I am requesting permission, per Article 4-7-4 of the City Code, to construct a pole type building on land presently zoned R-1 but being used for agriculture. The building will be used for machinery and hay storage from adjoining farmland and not intended to house animals. This use is compatible with the surrounding area and not offensive to any other property owners. Sincerely, \ ~ r- V- vlJerome A. Miller . ' ITEM III - SUMMIT CONSTRUCTION - VARIANCE Rick Moraclian of SLUnmit Consuuction, 1609 West COlmty Road 42, BUlTIsvil1e, stated he is requesting a lot area vaIiance for a non waterlront lot located in the Shoreland District in order to be buildable. Gina Mitchell, Associate Planner, presented the information as per planning repon of Septemrer 1, 1994. The subject site is approximately 82 feet wide and 120 feet deep, containing 9,722 square feet of lot aI'ea The sul:xtivision was platted in 1923 in Spring Lake Township and annexed into the City of PlioI' Lake in 1973. In 1979, the minimum lot ar'ea in the R -1 disuict was 10,000 sqUaI'e feet. however, a lot aI"ea vaIiance was not issued to the subject site as it was inadvertently missed by the City at the time of an adminisu-ative land division in 1979. The 278 squm'e foot minimum lot area variance request is reasonable because the property was sul:xtivided within the City of Prior Lake, assessments have been paid on the propeny, and the subject site is a "Lot of Record". Denial of the lot ar'ea variance would render the lot non-buildable which would create an undue haI'dship with respect to the property. Staffs recommendation is to approve the variance as r'equested Jan Ballard 500 CedaI'lane Circle, Jordan, stated she was the Pl'evious owner arld would be glad to answer any questions if necessary. Comments from the Commissioners wer'e on; driveway easement, hartiship not caused by applicant, and variance is erTor cOlTecting for the propeny. MOTION BY LOFrUS, SECOND BY ROSETH, TO APPROVE A 278 SQUARE FOOT AREA VARIANCE FROM THE 10,000 SQUARE FOor MINIMUM Lor AREA REQUIREMENT FOR A NON WATER FRONTAGE LOT LOCATED IN THE SHORELAND DISTRICf ADDRESS OF 16458 PARK AYE.J.'illE. RATIONALE BEING THE SUBJECT SITE IS A Lor OF RECORD, THE SITE WAS ADl\1INISTRATIVELY SUBDIVIDED BY THE CITY OF PRIOR LAKE, HARDSHlP IS CAUSED BY THE APPLICATION OF THE SHORELAND MANAGEvfENT ORDINANCE AND Nor THE ACTIONS OF THE APPUCANT AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WaFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Loftus, Roseth, Vonhof, and Arnold. MOTION CARRIED. A l'ecess was called at 8:20 p.rn. until the next scheduled agenda item The meeting reconvened at 8:30 p.rn. ITEMIV - IERRYMILLER- VARIANCE Jen)' Millel~ 15563 Calmut Avenue, stated he is proposing to COnSUl.lct a pole building on Outlot A, Tims Second Addition. The building would be used for stOling faIm machinery arld alfalfa bales as he will continue agJicultural production on his propelty and tlle building would not be used for housing animals. Trees will be planted on the property to inCl'ease the overstOl)'. Blair Tl'emer'e, Acting Planning Director, presented tlle information as per planning repolt of Septemrer 1, 1994. The request is for a 70 foot nOlth side and a 90 foot south side variance from the 100 foot property setback l'equirement for accessOl)' farm buildings and a 2,668 sqUaI'e foot ar'ea vaIiance from the 832 sqUaI'e foot maximum area requirement for accessOl)' SUUCtul'eS within the R -1, Suburban Residential Disuict. The building is an acceSSOl)' to the agricultural use and not to a primaI)' building and the cOlmci.l is empowel'ed to allow this. The CWTent Zoning S randaItis of the R -1 Suburban Residential Zone ar'e not appropIiate for propelties not served by mlmicipal services. The har'dship is the result of application of urban development standaItis to a propeny located in tlle n.u"al ar'ea. Staff is not opposed to the grant of minimal setback variances provided that a condition stating no animals be housed within or about the pole building. It is also suggested that the building size be reduced in order to provide additional sepaI-ation between PLANNING COMMISSION September 1. 1994 Page 3 properties. The pole building should be located on the most visually inconspicuous pmt of the lot and should be screened from the adjacent properties to the nonh and south. Comrrents from the Commissioners were; dimensions of building, building use, building height, 1 ()() foot setback from adjacent home. tree line, and land is being fanned. MOTION BY ROSETIL SECOND BY VONHOF, TO APPROVE A 70 FOOT NORTH SIDE AND A 63 FOOT SOUTII SIDE YARD VARIANCE FROM THE 100 FOOT PROPERIY SETBACK REQUIREMENT FOR ACCESSORY BUll...DING, (CITY CODE SECTION 5-5-2(A), AND A 2,668 SQUARE FOOT AREA VARIANCE FROM THE 832 SQUARE FOOT MAXIMUM AREA REQUIREMENT FOR ACCESSORY STRUCTURES WITHIN THE R-l, SUBURBAN RESIDENTIAL DISTRICf (CITY CODE SECTION 5-5-2(A)3), WITH THE CONDmONS THAT NO ANIMALS BE HOUSED ON TIllS PROPERTY; THE LOCATION WOULD BE VISUALLY INCONSPICUOUS, HAS MET THE STANDARDS OF HARDSHIP, AND IS AN AGRICULTURAL USE. Vote taken signified ayes by Roseth, Vonhof, Amok!. and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFIlJS, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Loftus, Vonhof, and Amold. MOTION CARRIED. The meeting adjowned at 9: 10 P.M. Tapes of the meeting are on f1le at City Hall. Blair TremeI"'e Acting Planning Director Rita M. 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'\i .._ i I ~ i: i: t 4-7-3 4-7-6 If such request for preliminary approval of materials granted by the City Planner and Building Inspector or the Council. as the case may be. the sketch and other Information shall be properly marked for identification by the Building Inspector and be filed in his office and such data shall become a part of the building permit application when filed. 4-7-4; POLE BUILDING: A pole buildinQ which shall be under- stood to mean any building using wood or metal pales as a principle structural support to achieve aliQnment and bearinQ capacity shall be oermltted in Zonina Districts A-1 or C-1 and only in any other district uoon aooroval bv the City Council. Said Council shall exercise Its discretion In determlnina whether or not a building of such type will be com atible with the surroundin area. Such structures may be authorized by the Council for use as warehouse. heavy equipment storage, or ot er uses which would tend to be compatible with that type of structure and In a location where it would not be offensive to other property owners or oersons within the City. 4-7-5: ZONING CODE: This Chapter shall be deemed supplemen- tary to the Zoning Code and the Construction Code of the City and shall be enforced in harmony and in conjunction with each. 4-7-6: APPEALS: Any person aggrieved by a decision of the Build- ing Inspector regarding the use of certain materials or regarding questions of architectural design shall be entitled to appeal the Building Inspector's decision to the City Manager and, if still aggrieved, he may appeal to the City Council. (Ord. 79-5,12-8-80) 491 .