HomeMy WebLinkAbout7C - Al Skaja Variance Appeal (Valley Sign Co.)
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
ISSUES:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
7-C
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER VARIANCE APPEAL FOR AL SKAJA OF VALLEY
SIGN COMPANY.
JULY 19,1993
The purpose of this item is to consider a variance application for AI
Skaja of 16511 Duluth Avenue, Prior Lake. The Planning
Commission denied variance requests to allow a pole building to be
located within the R-2, Urban Residential Zone and variance to
expand a nonconforming use. The Planning Commission
determined that due to the fact that the applicant had created the
hardship, and that the Zoning Ordinance does not allow the
expansion of non-conforming uses, that the requested variances
should be denied. See attached Planning Commission minutes
dated July 1, 1993 for details.
See attached Planning Report dated July 1, 1993 and supporting
materials.
The issues in this case are whether or not to grant a variance to
allow a pole building in an R-2 district and to determine if a
non-conforming use should be expanded. Pole buildings and
non-conforming uses are regulated as indicated in Sections 4-7-4
and 5-5-1 of the City Code, attached.
The applicant began construction of a pole building addition to an
existing barn in the Spring of 1993, without first obtaining a building
permit. The structure is used to house part of the Valley Sign
business, which is a non-conforming use in the R-2 Zoning District.
The Zoning Ordinance provisions allow for the continuation but not
expansion or alteration of non-conforming uses. The purpose is to
allow amortization of the investment, but to ultimately bring land
uses into compliance with the underlying Zoning District, and
Comprehensive Land Use Plan.
1.
Uphold the decision of the Planning Commission to deny
the variances finding hardship caused by the property
owner, not the Zoning Ordinance.
-1-
4629 Dakota St. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLOYER
2. Table or continue the discussion for specific purposes.
(The Planning Commission discussed the possibility of
allowing the expansion to be used for a specific period of
time, I.e. 2 years, after which, the business must be
relocated to an appropriate CommerciaVlndustrial Zoning
District. City Attorney, Glenn Kessel would have to be
consulted to determine the viability of this option.
3. Grant the variances as requested based upon specific
findings of fact and unique circumstances which create
hardship.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion based upon Council discussion.
-VA 14CC"
-2-
Mr. Worthington asked if property were not subdivided would variance be needed and would like
the application continued in order to revise the proposal.
Gary Thomas, 6701 Farlcy Lane, gave a brief description of the facility and its uses.
Johanna Bang, 6010 East 170th St. Prior Lake, made reference to the past building situations and
public hearings and had not been included.
Comments form the Commissioners were on; defmition of lots of record and parcel of record.
public hearing by Engineering Department, subdividing the property, premature development,
too many issues, applicant created hardship, and consenus was to deny or continue.
MOTION BY GREENFIELD, SECOND BY ARNOLD, TO CONTINUE THE VARIANCE
APPUCATION TO JULY 15, 1993, AT 9:30 P.M. RATIONAL BEING THERE ARE ISSUES
TO BE RESOLVED AND THE VARIANCE REQUESTED DOES NOT SHOW HARDSHIP.
Vote taken signified ayes by Greenfield, Arnold, and Roseth. MOTION CARRIED.
ITEM V - VALLEY SIGN COMPANY. VARIANCE
Al Skaja of 16511 Duluth Avenue, Prior Lake, owner of Valley Sign Company, stated they are
requesting a variance to fInish construction on a pole building. They had started and didn't know
a building permit was allowed. The business is a family business.
Deb Garross presented the information as per planning report of July 1, 1993. The application is
a request to allow a pole building within the R-2, Urban Residential Zoning District and to
expand a non-conforming use. The City has not allowed an expansion to non-conforming uses
and metal pole buildings are permitted in A-I and C-l districts.
Tom Skaja. 16511 Duluth Avenue, said the sign business had been grandfathered in and has a
family business since 1969. The surrounding area is wetland and heavily wooded so the
neighbors cannot see the building. They eventually will have to move to a different location as
they are growing.
Comments from the Commissioners were understanding of the situation but the hardship was
created by the applicant and the code is very clear on the zoning codes. Consenus was to deny
the application.
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO DENY THE VARIANCE TO
CONSTRUCT A POLE BUll...DING AND EXPAND A NON-CONFORMING USE FOR
VALLEY SIGN COMPANY AT 16511 DULUTH AVENUE. RATIONALE BEING IT IS NOT
CONSISTENT WITH TIIE COMPREHENSIVE PLAN AND ZONING CODE AND
HARDSHIP IS CAUSED BY THE APPLICANT.
Vote taken signified ayes by Arnold, greenfield. and Roseth. MOTION CARRIED. The
applicant was advised of his right to appeal the application to the City Council.
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Roseth, and Greenfield. MOTION CARRIED.
The meeting adjourned at 12:26 P.M. Tapes of the meeting are on fIle at City Hall.
PLANNING COMMISSION
June 3. 1993
Page S
"VA1~
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4
CONSIDER VARIANCE APPLICATION FOR VALLEY
SIGN CO.
HORST GRASER, DIRECTOR OF PLANNING
_ YES ..X-NO
JULY 1, 1993
INTRODUCTION:
The purpose of this item is to consider a variance application for Al Skaja of 16511 Duluth
Avenue, Prior Lake. SpecifIcally, the applicant requests the Planning Commission to grant a
variance to allow a pole building to be located within the R-2, Urban Residential Zoning District.
The applicant also requests to expand a nonconforming use. The variances are requested from
Sections 4-7-4 and 5-5-1 of the Prior Lake City Code. See attached application and excerpts from
the City Code.
The Code specifies that pole buildings shall be permitted in A-I and C-l zoning districts and
"only in any other district upon approval by the City Council. 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 Code further specifIes that "A nonconforming use may be continued but may not be
extended, expanded or changed unless to a conforming use, except as permitted by the Board of
Adjustment in accordance with provisions of the Zoning Ordinance."
HISTORY:
Valley Sign Co. has been operating from its location on Duluth Avenue for approximately 20
years, as specifIed by Mr. Skaja. The subject site is located within the Original Townsite of Prior
Lake, and is zoned R-2, Medium Density Residential. Staff research of old Zoning Ordinances
dating back to July, 1963, indicate that the subject site has been zoned R-3 and R-2 however, a
business use such as the Sign Company is not listed in any ordinance as a permitted or
conditional use.
DISCUSSION:
During the Spring of 1993, Building Official, Gary Staber, noted that an addition was being
constructed at Valley Sign Co., without a building pennit. The type of construction is considered
to be a pole building. The site was posted and the applicant informed that pole buildings were
not permitted within the R-2 district. The addition is partially complete. The applicant is
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
requesting variances in order to allow the completion of the construction started earlier this year.
ALTERNATIVES:
1. Approve the variance and expansion of the nonconforming use as requested citing
specifIc fIndings of fact and hardship related to the Ordinance, not provisions of the
applicant.
2. Table or continue the item for further information.
3. Deny the variance and expansion request fInding no hardship and inconsistency with the
Zoning Ordinance and Comprehensive Plan.
RECOMMENDATION:
Alternative 3. A motion to deny the variance based upon lack of hardship and inconsistency
with the Comprehensive Plan and Zoning Ordinance.
The Proposal is inconsistent with the Comprehensive Plan and Zoning Ordinance.
I The subject site is located within a residential zone. Pole buildings are not conducive to
residential living and have not been permitted in any district other than A-I and C-l with
the exception of limited construction within the 1-2, Ught Industrial District located north
of C.R. 21. The subject site is zoned for and the Comprehensive Plan indicates residential
use. Construction of pole buildings and expansion of a business use is not consistent with
the Zoning Ordinance nor Comprehensive Plan.
II. A nonconforming use is a land use that does not now conform to the requirements of the
zoning district in which it is located but that met municipal requirements prior to
adoption or amendment of the zoning ordinance. Staff research indicates that a business
has not been considered a permitted or conditional use within residential districts for at
least 30 years. The applicant stated that Valley Sign Co. has been in operation for
approximately 20 years. The City is under no obligation to grant expansions or variances
to uses that are considered prohibited by the Zoning Code. There is a question as to
whether Valley Sign is a "legal" nonconforming use. The expansion of a legal
nonconfonning use has generally not been pennitted within the City with the exception
of the Marina. Expansion of a use that is considered prohibited within the R-2 district is
questionable and should not be done unless specific findings of fact are determined by the
Planning Commission.
II Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The business has operated for approximately 20 years and may continue to operate in the
existing facility. The applicant should consider relocating the business to an appropriate
commerciallindustrial zone if the current facilities can no longer accommodate the use.
2. Such unnecessary hardship results because of circumstances unique to the property.
The hardship is due to the business nature of the use which is not pennitted within the
R-2 zone. There are no unique features related to the property.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions or persons presently having an interest in the property.
The hardship in this case is not associated with the property nor the result of the City of
Prior Lake but is caused by proposed actions of the applicant.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The variance requested directly conflicts with the Comprehensive Plan and Zoning
Ordinance and is therefore contrary to the public interest. No other sign businesses are
allowed to operate within the R-2 Zone. Approval of an expansion would further
exasperate the problem.
5-5-1
SECTION:
5-5- 1:
5-5- 2:
5-5- 3:
5-5- 4:
5-5- 5:
5-5- 6:
5-5- 7:
5-5- 8:
5-5- 9:
5-5-10:
5-5-11 :
5-5-12:
5-5-13:
.""\
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5-5-1
CHAPTER 5
MISCELLANEOUS REQUIREMENTS
Nonconforming Uses
Accessory Uses
Special Exceptions
Signs
Off-Street Parklng
Off-Street Loading
Temporary Structures
Home Occupations
Manufactured Homes
Screening
Planned Unit Development
Receive-Only Antenna
Exterior Ughtlng
NONCONFORMING USES: The following provisions shall
apply to all nonconforming uses:
(A) A nonconforming use may be continued but may not be extended,
expanded or changed unless to a conforming use, except as per-
mitted by the Board of Adjustment In accordance with the provi-
sions of this Title.
5-5-1 :
\
(B) A zoning certificate must be obtained within one year by the owner
of any nonconforming use as evidence that the use lawfully existed
prior to the adoption of the provision which made the use noncon-
forming.
Note: See Chapter 8 of this Title, Shoreland District, for additional requirements of this
Chapter.
491
5-5-1 5-5-2
(C) Any nonconforming structure damaged by fire, flood, explosion or
other casualty to an extent exceeding fifty percent (50CY.) of Its fair
market value as Indicated by the records of the County Assessor,
if replaced shall conform to the requirements of this Title.
(0) In the event that any nonconforming use, conducted In a structure
or otherwise, ceases, for whatever reason, for a period of one
year, or Is abandoned for any period, such nonconforming use
shall not be resumed.
(E) Normal maintenance of a nonconforming structure Is acceptable
Including nonstructural repairs and incidental maintenance.
5-5-2: ACCESSORY USES: The following provisions shall apply to
accessory uses:
\.
(A) Accessory farm buildings shall not be erected within one hundred
feet (100') of a neighboring property.
1. Feed lots, runs, pens and similar intensively used facilities for
animal raising and care shall not be located within three hundred
feet (300') of a neighboring property.
2. Roadside stands for sale of agricultural products shall be per-
mitted if:
a. They are erected at least fifty feet (50') back from the
nearest edge of roadway surface.
b. They are used exclusively for the sale of agricultural
products.
c. Parking space is provided off the road right of way.
d. They are removed if not in use. (Ord. 83-6, 6-24-83)
3. In R-1 Residential areas, accessory structures shall not exceed
the coverage ratio of the principal structure or the maximum of
eight hundred thirty two (832) square feet, whichever Is less. (Ord.
90-07, 5-21-90)
(B) For construction of swimming pools. see Title 4. Chapter 4 of the
Prior Lake City Code.
292
,.
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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 building which shall be under-
stood to mean any building using wood or metal poles as a
principle structural support to achieve alignment and bearing capacity
shall be permitted In Zoning Districts A-1 or C-1 and only In any other
district upon approval by the City Council. Said Council shall exercise Its
discretion In determining whether or not a building of such type will be
compatible with the surrounding area. 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.
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 stili aggrieved,
he may appeal to the City Council. (Ord. 79-5,12-8-80)
~
\
491
&.4-
PIDt
CITY OF PRIOR LAKE
APPLICATION FOR VARIAta
Applicant: \IA LlE~ SlG# CO. AL SI<.AJA
Address: ~ULIJTJ.( A"~'
Property Otmer:
Address:
Type of CM1ership: Fee Contract~
Consultant/Contractor:
Heme Phone: '7&K -"13 'I-
Work Phone: If'+'7 - Y.a~{)
Heme Phone:
Work Phone:
Purchase Agreenent
Phone:
Existinq Use
of Property: 51 bftJ t SiLl<. Sc/l.t,~,(), ""6- Present Zoning: 7
Legal Description I
of Variance Site:
Variance RequestedL1bLE' BA~AI -rt.lf~ AnDlpDN oAJ 8ACI( of B4W
Has the applicant previously sought to pl~1=:, .rezone, obtain a variance or comitional
use pemit on the subject site or any paJ:! of it? Yes)t N)
What was requested: N~EJ.L9JvILj)IAl&1-ERM/r
When: Disposition:
Describe the type of improvanents proposed: IPS()l..ATf} Po~ <<l"D6-
SJBMISSION REXDIREMENl'S:
CAlCaDpJ.eted application fom. (BlFilin3 fee. (ClProperty Slrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark:
proposed building elevations and drainage plan. (DlCertified fran abstract fim,
names and addresses of property owners within 100 feet of the exterior botmdaries of
the subject property. (ElCanplete legal description & Property Identification Number
(pml. (FlDeed restrictions or private covenants, if applicable. (G)A parcel nap
at 1w-20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility seIVice.
ONLY a::MPLEl'E APPLICATIONS SW.L BE ACu:;.\:'.1:W AND RE.VIEWID BY THE PI.ANNIN; CXHotISSION.
To the best of my knowledge the infocnation presented on this fom is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requiranents for variance procedures. I agree to provide infocnation and follow the
procedures as outlined in the Ordinance. f1l ~
AJ .1 V. Applicants ~re
SUl:mitted this .112.day of -L.n.L..l.f--1913
Fee Owners Signature
THIS SPACE IS 'lO BE FILLED oor BY THE PI.ANNIN; DIRECTOR
PI.ANNDIi a:HUSSION
CI'fi CDUN:IL APPEAL
APPROlID
APPKmD
DENIED
DENIm
I:WrE OF HF.ARIro
DM'E OF HEARIN:;
CDNDITIONS:
Signature of the Planning Director Date
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16511 DULUTH AVE. S.E. PRIOR LAKE. MN 55372
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NOTICE OF HEARING FOR VARIANCE APPLICATION
You are hereby notifIed that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on:
DATE:
THURSDAY, JULY 1, 1993
TIME:
10:30 P.M.
APPLICANT:
Al Skaja. Valley Sign Co.,
SUBJECT SITE:
16511 Duluth Avenue, Prior Lake, Minnesota.
REQUEST:
The applicant requests variances from Prior Lake City Code
sections 4-7-4 and 5-5-1 to allow a pole building to be constructed
within an R-2, Urban Residential District and to expand a
nonconforming business use. The applicant proposes to construct
a pole building addition on to the existing barn in order to expand
his business. The Zoning Code does not permit pole buildings
within the R-2, Urban Residential Zone nor does it permit the
expansion of a nonconforming use, unless approved by the Prior
Lake City Council.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.rn. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: June 23, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER