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Home My WebLink About5H - 14180 Commerce Avenue STAFF AGENDA REPORT DATE: 5~1f ,~ JENNI TOVAR, PLANNER '-~,\V\ JANE KANSIER, PLANNING COORDINATOR CONSIDER ADOPTION OF RESOLUTION #98-XX UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE REQUEST BY BURDICK PROPERTIES TO THE REAR YARD SETBACK ADJACENT TO RESIDENTIAL PROPERTY FOR THE EXISTING TRASH ENCLOSURE ON THE PROPERTY LOCATED AT 14180 COMMERCE AVENUE, Case File #97-132 APRIL 20, 1998 AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: INTRODUCTION: The purpose of this item is to consider adoption of Resolution #98-XX denying an appeal by Burdick Properties of the decision of the Planning Commission to deny a setback variance for an existing trash enclosure on property located at 14180 Commerce Avenue. On April 6, 1998 the City Council directed staff to prepare the resolution with findings. The applicant and neighborhood representative have been sent a copy of this report. ISSUES: The City Council must determine if the Resolution #98-XX is reflective of the findings for denial of the appeal. Any changes to the Resolution should be made at this time. On February 23, 1998 the Planning Commission adopted Resolutions #98-01PC and #98-02 PC approving setback variances for the principal structures at 14162 and 14180 Commerce Avenue. Conditions of approval included a landscape plan with 17 trees in excess of the ordinance requirement and a 6 foot high fence along top of the berm, rather than along the property line. The City Council should be aware that the applicant has the choice to comply with the conditions of the approved variances for Buildings #2 and #3 or remove the non- conforming portions of the buildings and thus making the L:\97FILES\97V AR\97-132\97132CC2.DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 21-47-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: principal buildings conforming. In the latter case, the conditions regarding the landscaping and screening would not apply. No enhanced landscaping would occur. Mr. Kelly has indicated to the City Attorney that his client is seriously considering this option. The attached resolution upholds the decision of the Planning Commission and orders the trash enclosure removed by August 1, 1998. In the event the applicant fails to remove the enclosure, the City Attorney is authorized to begin legal enforcement action to seek compliance with the Zoning Ordinance and this resolution. 1. Adopt Resolution #98-XX, thereby denying Burdick Properties' appeal by upholding the decision of the Planning Commission to deny the variance for the setback of the trash enclosure. 2. Other specific action as directed by the Council. Alternative #1. A motion and second as part of the consent agenda to adopt Resolution #98-XX. lJ L:\97FILES\97V AR\97-132\97132CC2.DOC Page 2 RESOLUTION 98-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING T.l1E DECISION OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR VARIANCE, CASE NO. 97-132, DENYING A SETBACK VARIANCE FOR THE TRASH ENCLOSURE ON PROPERTY LOCATED AT 14180 COMMERCE AVENUE 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 the 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 bring it forward for consideration on April 20, 1998; and WHEREAS, 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 WHEREAS, 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. NOWltlEREFORE, BE IT RESOLVED BY THE 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 4.1D 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 File #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. 3. Burdick Properties appealed the decision of the Planning Commission in accordance with Section 5-6-3 (A) of the City Code. 1:\97fi1es\97var\97-132\ccres.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) Zl47-4245 AN EQUAL OPPORTUNITY EMPLOYER 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. Passed and adopted this 20th day of April, 1998. YES NO Mader Kedrowski Petersen Schenck Wuellner Mader Kedrowski Petersen Schenck Wuellner 1:\97fi1es\97var\97 -132\ccres.doc Page 2 ""'..... "',1 ,,'U': Burdick . .~..... ties 684 Excelsior Boulevard Exce lsior. MN 55331 11 EXHIBIT D DELMAR H. SCHWANZ .....-0"- . . INC. ~U--\. .. "-Jf_.. 1-4750 SOUTH ROBeRT TAA'\" AOSEM( t::"T. MINN.SOTA 55081 . IU,A23--I7,e L-j I gO Q;(Y1tr! lrCL 4vcn LIe.- nri.s draw:i.nq shc<os the ......t wall (bridt face I of the tM:> buildings on IDt 4 and IDt 5. Block 1. JlII1ES 1ST ACOITICN. Scott CoImty, Minnesota. Also the location of the trash enclosure. As located by lie this 26th day of Novenber. 1997_ I h.'.try nt'1Uy 'h.. I".' IUf'lI'.Y. ~'.n. l)t '"00"." p"p.'.aI by m. or UMtf' "" direct IUl"rrilfon Ittd 1ft., / "" . clufy RI9f""'" L.nd S, " un".. "" /.... 011... SlIlI 0111""'"011. O.'M U-ol-97 SURVEYOR'S ,:eRTIFICA re I I ~ <:) t,j ~ I I "" 'u V/I ~.., "f It.' 1/ ,I &.>.ID / r,e;1?/I- / G).k;I.~.e'G" / / .- / / / \' ~ <l ~ ~ ~ l\\ \, ~ " '" 'e " I{ .... \ ~ ~ , '-I ScalE": 1 inch ~ 40 feet .- .- '\, ~ , / '\ ,/ ~7.$ f~ ...... ~ 'V <:> ~ ~ \-. ~ ~ ::; FT.~ .,. '1 ~d w..';./ANI .1.1" 1'71 p~ ,z.q I 'r; \' ' ~ :. .- ~ .- Ji <s ' ).." ~ ~ , ~d.t. H.J~~~ 5V. 9 rei P/,q,.J Tn!- I .-- \ \\..\~\\~tIEI~'I""''!:I' .,,-$;\\\tL..~.P r'~"~ ~~. ~:-.,.. ....~ ::"~. {'c/"DEI.MAR H. ......~?% ~ [ SCHWANZ i ~ %:l::,~~j "'''''m:llUII'.I~'\ JJ~M~71~I25 O.t,"., H. Scttw."1 J.l1""...01. A.v.a......,., No. M25