The URL can be used to link to this page

Home My WebLink About9A - Burdick Pprperties AGENDA ITEM: DISCUSSION: AUGUST 17, 1998 9A JENNITOVAR,PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 98-XX GRANTING AN EXTENSION OF TIME FOR THE REMOVAL OF NONCONFORMING TRASH ENCLOSURE ON PROPERTY LOCATED AT 14180 COMMERCE AVENUE FOR BURDICK PROPERTIES Historv On April 20, 1998, the City Council adopted Resolution 98-48 (attached) denying a variance for the setback ofthe trash enclosure located at Burdick Building #2, 14180 Commerce Avenue. The resolution also ordered the trash enclosure to be removed by August 1, 1998 and gave the City Attorney direction to proceed with enforcement should the trash enclosure no be removed by that date. Current Circumstances On July 30, 1998, Mr. Jim Burdick requested an extension of time until September 1, 1998 for the removal of the trash enclosure. The purpose of the extension is to allow Burdick time to solicit neighborhood input on his proposal to allow the trash enclosure to remain in its existing location conditioned upon modifications to the enclosure and/or procedures related to its use. Mr. Burdick sent a letter on July 30, 1998 (attached) soliciting input from the neighbors. The Issues The City has received a copy of a response to Mr. Burdick's letter from three neighbors. At this time they are not in favorofleaving the trash enclosure in its present location. Regardless of any approval from the neighbors, Mr. Burdick must re-apply for a variance ifhe chooses to leave the trash enclosure in its present location. Conclusion Considering Mr. Burdick is working with the neighbors to reach an agreement on the conditions upon which the trash enclosure would not be a nuisance to the neighborhood, an extension oftime is reasonable. On the other hand, considering some of the neighbors are dissatisfied with the current proposal from Mr. Burdick, the resolution states the trash enclosure must be removed by October 1, 1998 or a variance 162l1}~BtIgfis~R\~eJ~1l3,2BtW~ke, Minnesota 05372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: application received by October 1, 1998 and no other extensions of time will be granted. If the variance application is received, another extension of the removal deadline may be necessary. None. 1. Adopt Resolution 98-XX granting an extension of time until October 1, 1998 for the removal of the trash enclosure or to re- apply for a variance. 2. Deny the request for an extension and direct staffto prepare a resolution denying the applicants request, resulting in immediate enforcement action from the City Attorney. Adopt Resolution 98-XX granting an extension until October 1, 1998 for the removal OfU":/J.nfOrmiUg trash enclosure located at 14180 Commerce Avenue ~ / urdick Properties Inc. 'U ~ Prank Bo1les City Manage L:\97FILES\97V AR\97- I 32\97132EXT.DOC 2 RESOLUTION 98-XX RESOLUTION OF Itl]:!; PRIOR LAKE CITY COUNCIL GRANTING AN EXTENSION OF TIME, UNTIL OCTOBER 1, 1998, FOR T.l:lE REMOVAL OF THE TRASH ENCLOSURE ON PROPERTY LOCATED AT 14180 COMMERCE AVENUE FOR BURDICK PROPERTIES INC. MOTION BY: SECOND BY: WHEREAS, on April 6, 1998, the Prior Lake City Council considered an appeal by Burdick Properties of the Planning Commission's denial of a request for a variance to rear yard setback adjacent to residential property requirement for existing trash enclosure located on property legally described as Lot 4, Block 1, James 1st Addition; and WHEREAS, the City Council directed staff to prepare a resolution upholding the decision of the Planning Commission and including a specific date of August 1, 1998 that the trash enclosure be removed and directed staff to bring it forward for consideration on April 20, 1998; and WHEREAS, the City Council adopted said Resolution 98-48 on April 20, 1998; and WHEREAS, Burdick Properties has requested an extension of time to remove said trash enclosure. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. On April 20, 1998, the City Council adopted Resolution 98-48 denying a setback variance for the existing nonconforming trash enclosure. The resolution ordered the trash enclosure removed by August 1, 1998 and gave the City Attorney direction to proceed with enforcement action if the trash enclosure was not removed by August 1, 1998. 2. Mr. Burdick, property owner, has requested an extension of time for removal of the trash enclosure in order to work with the neighbors to determine under what conditions or modifications the trash enclosure could remain it its present location and be acceptable to the neighbors. 3. The City received a letter from three neighbors stating their objection to the non-removal of the trash enclosure. 4. The contents of Planning Case File #97-132 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION 16200 E~~7~lei:~?~~r)\tJ~~~~~~19ri'hr Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612jg447-4245 AN EQUAL OPPORTUNITY EMPLOYER Based upon the Findings set forth above, the City Council hereby: 1. Grants an extension until October 1, 1998 for the removal or relocation of the subject trash enclosure. No additional extensions will be granted. In the event the applicant fails to remove the trash enclosure or apply for a variance by October 1, 1998, the City Attorney is hereby authorized to commence appropriate legal action to compel removal of the trash enclosure. Passed and adopted this 17th day of August, 1998. YES NO Mader Kedrowski Petersen Schenck Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager, City of Prior Lake 1:\97fi1es\97var\97 -132\ccres2.doc Page 2 f. ~ ..r. r.~ '..r1...... ~.. ~n u..' . l~~ lJ'UJ j RESOLUTION 98-48 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDINGlt.iE DECISION OF THE PLA1~G COMlVIISSION IN THE MATTER OF REQUEST FOR VARIANCE, CASE NO. 97-132, DENYING A SETBACK VARIANCE FOR It.iE TRASH ENCLOSURE ON PROPERTY LOCATED AT 14180 COMMERCE AVENUE MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, KEDROWSKI SECOND BY: PETERSEN on April 6, 1998, the Prior Lake City Council considered an appeal by Burdick Properties of the Planning Commission's denial of a request for a variance to rear yard setback adjacent to residential property requirement for the property legally described as Lot 4, Block 1, James 1st Addition; and the City Council directed staff to prepare a resolution upholding the decision of the Planning Commission and bring it forward for consideration on April 20, 1998; and the City Council finds that the request for variance does not meet the standards for granting variances set forth in Section 5-6-6 (C, 1-4) of the City Code, and that the appellant has not set forth adequate reasons for overturning the decision of the Planning Commission; and the City Council has determined that the Planning Commission's decision denying the request for variance should be upheld, and said variance should be denied. NOW THEREFORE, BE IT RESOLVED BY 1.l:lE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. Burdick Properties, represented by Mr. Mark Kelly, applied for a variance from Sections 5- 4-IE of the City Code and Section 4.1 D of the Zoning Code in order to permit a 16.3 foot rear yard setback for property adjacent to property zoned residential for an existing trash enclosure rather than the required 60 foot setback as drawn in Exhibit D on property located in the B-1 (Limited Business) District at the following location, to wit; 14180 Commerce Avenue, legally described as Lot 4, Block 1, James 1st Addition. 2. The Planning Commission reviewed the application for variance as contained in Case Pile #97-132, held hearings thereon on January 12, 1998 and January 26, 1998. The Planning Commission continued discussion to February 23, 1998 and March 9, 1998, and denied the applicant's request. 16200 E6~r~ne~~~~I~~~~r.s?~r~~it'kke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~r~47-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. Burdick Properties appealed the decision of the Planning Commission in accordance with Section 5-6-3 (A) of the City Code. 4. The Prior Lake City Council considered this appeal on April 6, 1998 and directed staff to prepare a resolution upholding the decision of the Planning Commission. 5. The City Council has considered the effect of the 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 of the proposed variance on the Comprehensive Plan. 6. The City Council has determined that there are not unique circumstances or conditions regarding the property. The applicant is responsible for knowledge of city ordinances. The trash enclosure was constructed within the setback in violation of City Ordinances. Any hardship, was caused by the actions of the applicant. There were no unique characteristics to the property, which would constitute a hardship, prior to the construction of the building. 7. The City Council finds the intent of setback standards is top provide buffers between adjacent land uses in order to mitigate against unnecessary interference with use and enjoyment of property. The proposed variance for trash enclosure cannot meet the intent of the ordinance because the odor from the trash enclosure. 8. The denial of the requested variance does not constitute a hardship with respect to literal enforcement of the ordinance as there exists reasonable use of the property without the vanance. 9. The contents of Planning Case File #97-132 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above, the City Council hereby: 1. Upholds the decision of the Planning Commission denying a 43.7 foot setback variance to permit a rear yard setback adjacent to property zoned residential of 16.3 feet rather than the required 60 feet for an existing trash enclosure as shown in Exhibit D, which exhibits are incorporated into this resolution. 2. The applicant must remove or relocate the subject trash enclosure by August 1, 1998. In the event the applicant fails to remove the trash enclosure by August 1, 1998, the City Attorney is hereby authorized to commence appropriate legal action to compel removal of the trash enclosure. r:\counci l\reso 1 uti\p lanres\rs9848cc .doc Page 2 --"r Passed and adopted this 20th day of April, 1998. Mader Kedrowski Petersen Schenck Wuellner {Seal} r:\counci1\reso 1 uti\p lanres\rs9848cc .doc YES X X X X ABSENT NO Mader Kedrowski Petersen Schenck Wuellner Page 3 / H~o~M!IN9_K July 30, 1998 684 Excelsior Boulevard · Excelsior, MN 55331 Phone: (612) 474-5243 Fax: (612) 474-7543 i\1r. Frank Boyles, City Manager City of Prior Lake 16200 Eagle Creek A venue SE Prior Lake, NfN 55372 Dear i\1r. Boyles, We wish to request a thirty day extension of the date pertaining to our garbage enclosure on our property located on Commerce A venue. The date I am speaking of is August 1 st. We would like to have this date changed to September 1 st. At the present time, we are in the process of quickly and systematically contacting the neighboring residential property owners. It is our desire to have them view the many improvements we have made, such as improvements and elevation of the berm, planting trees, and a board fence, etc. At the time we visit each one of these households, we plan to give them a letter pertaining to modifications of this trash enclosure which we are prepared to undertake at the present time. A copy of this letter/proposal which we will present to each neighbor is enclosed. Please contact us either by telephone or letter at your early convenience. Cordially yours, #c(~~~~ . C. "JIM" BURDICK BCB/ln Enclosure H~L~~~IN<; K 684 Excelsior Boulevard · Excelsior, MN 55331 Phone: (612) 474-5243 E-ax: (612) 474-7543 July 30, 1998 Property Owners Adjacent to Office Buildings on Commerce Avenue Prior Lake, Minnesota 55372 Dear Neighbors, Our intentions are to visit with you personally and at the same time to give you this hand carried letter. As you have probably noticed, we have made quite a number of changes on the property and buildings that we refer to as Building No.2 and Building No.3. We have raised the berm, planted trees and erected a wooden fence. We agree that this has not always gone smoothly or as rapidly as we had hoped largely because of the numerous storms in Minnesota during the past spring and summer which makes it very difficult to engage repair or construction people. It is even more difficult to get them to put a time limit on the work. At this time we would like you to come look at these changes and improvements with us. We would also like to ask you look favorably on letting us leave the trash enclosure where it is now located. Moving the trash enclosure would be a great inconvenience to our various tenants and their employees; having them carry their trash 500 or 600 feet to a large enclosure along Highway 13 both in the cold Minnesota winter weather and the heat of summer may be even considered inflicting a hardship on them. We are willing to modify this trash enclosure in a number of different ways. Some of the proposals that we have are as follows: , A. Install a secure, attractive top on the trash enclosure and/or plant trees to hide the top. B. Have the tenants enclose any trash in a sealed garbage bag before depositing it into the enclosure. C. Have trash picked up three times a week. Either Monday, Wednesday, and Friday, or Tuesday, Thursday and Saturday. This pickup would not take place early in the morning. D. We are also open to other suggestions you may have. We would appreciate discussing this matter with you at a convenient time for you. After this discussion, we would like to ask you to write your comments and mail them to us in the enclosed stamped envelope. BCB/ln Cordially yours, B. C. "JIM" BURDICK .., August 4, 1998 Burdick Properties 684 Excelsior Boulevard Excelsior, MN 55331 Dear Mr. Burdick: As per your request on Saturday August 1, 1998, asking for our input on retaining the trash enclosure at its present location. We have discussed the feasibility of retaining the trash enclosure at its present location. We feel, at this time, it is not in our best interest to leave the enclosure at its present site. As we discussed the maintenance of the berm on the resident's side of the fence. According to a letter submitted by Mark Kelly dated January 12, 1998, (page 6) to the planning commission; which states Burdick Properties will maintain full control of the property and not cede ownership interests nor invite claims of adverse possession. The applicant is prepared to maintain their property with periodic and regular lawn care and thereby void the need to license any neighboring property owners. Quite frankly, we wish to avoid a situation here neighboring property owners are led to believe that they have rights in the applicant's land which lead to future conflict. We would ask that the maintenance program begin immediately, as up to this point no maintenance has been done since completion of landscaping. By this letter Burdick Properties is allowed access to their property through the Mix property, for lawn maintenance. Trucks and trailers not permitted access. Access is allowed for lawn machines only (i.e.: lawn mowers, trimmers, and rakes) . Cordially Yours, -" ~ ~/ ,r. .' '1 r A ;/U.. f'1h. () 'i.Jf/ 7/~ . . v . .6--,,-'" ~(p~ 7?bL ~ ,,-- t' Alan & Carol M{~/ Maureen & William Hermann cott CC: Frank Boyles, City Manager City of Prior Lake . 'it / :.,.. .. J ~'U': .' Burdick p_~...._..i.es 684 Excelsior Boulevard EXcelsior, MN 55331 L.j I gO CtJ{Y1tJ1 trU ;' dI DEL~AR H.! SCHWANZ \"-0 _ ~_ 'NC. ......-"'. .,~,.-..--. '''''0 SOUTH "OeeRT TAAIt. AOSIMc:t1-":"'T. MINNE!OTA 550el 't2/"1~17S. I SURVEYOR.S . ;ERTIFICA TE 4vcn I./L /f ".f V/I5;." !./ ( I :,., I/~i :"JO ". r,89;r;J./. G).1<::.l.~.c€ I I ;) <) l\i ~ J I ~ ! ~~ \' q i l~ ~ 'C i-" ... '- ,;:; '\. ~ [I ,~ [1-- . \ .'"-L nus drawing shoows the ..-..t ',oa 11 [brick facet of the to,.., buildings on Lot 4 and Lot 5. Blocl<: 1. J1\I'!ES lS1' ACOI'l'ICN. Scot: Count'.I. Minnesota. ,\Iso the location of the t..'"aSh enclosure. '- ~ \) <:> ~ '<l- }.. <:l " $7.$ As located by IlIE! i:his 26th day of Novent:er. 1997. I ".,ltOy C."Uy Ihe' ,,,., .."....y. ,f,,,. at '.00""" ~,.p.r~ by me or un<.u",., dtr.c1.,,"nIlIOn I"d IIn, J 1m I dUfy A~lItf'd LJnd SU''''Y'O' un<l... th, I.., 01 ,,... S1.te 01 lAln""Ole. Oat"; U-()1-97 FT.1 111."1 ~d ~"'.4"""" .1.I'T1I""'~ r t \' / ~ / ~ ~ ,,- Jj ~ /' ~ ~ .z.? 1-.. ill ~ /' "d.t. -- H.J ~ ~~JI~ :/7. g "'0 ;;"InN TrIt I --- \ \i.\\II,~"IIIIl~"""I",." ",~<'.3~.~:L~~.c~ i'-'~"'~/. /.").:-... ..<~ \. f ~\' OEI..."Af1 i-l. \~ \ ~~~::~$V ""'111:::1411I1....1 \ I \\ \ \ \ EXHIBIT D \ Scale, 1 inch = 40 f~t j;~1di1/ 71.~lJ/i;;'</ o a.'m.I' J.4 !c:J't'-eftl ""I""..ot. A~lt"."on No. 5e~'