HomeMy WebLinkAbout06-14PC Tractor Supply VAR Doc. No. A 756325
OFFICE OF THE COUNT( RECORDER
SCOTT COUNTY, MINNESOTA
Certified Fled and/or Recorded on
11-08-2006 at 12:35 Receipt:593603
Pat Boeck nan, County Recorder 01
Fee: $ 46.00
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake,hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 06-14PC
A RESOLUTION APPROVING A 50' VARIANCE FROM THE REQUIRED 50'
FRONT YARD SETBACK ALONG VILLAGE LAKE DRIVE TO ALLOW FOR
THE ADDITION OF A FENCED OUTDOOR DISPLAY AREA ON A SITE
WITHIN THE C4 ZONING DISTRICT
Connic Carlson
City of Prior Lake
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'dayofSeptember, 2006
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Ti-kti$1S 1pply Variance
06-169
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Maintenance Center
17073 Adelmann Street S.E.
V txr Prior Lake, Minnesota 55372
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RESOLUTION 06.14PC
A RESOLUTION APPROVING A 50' VARIANCE FROM THE REQUIRED 50' FRONT
YARD SETBACK ALONG VILLAGE LAKE DRIVE TO ALLOW FOR THE ADDITION
OF A FENCED OUTDOOR DISPLAY AREA ON A SITE WITHIN THE C-4 ZONING
DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Fendler Patterson Construction, is requesting a variance from the zoning ordinance
for the construction of a fenced outdoor display area on property zoned C-4
(General Business) at the following location, to wit;
Lot 1, Block 1, Radermachers First Addition, according to the recorded plat
thereof, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #06-169 and held a hearing thereon on September 11, 2006.
3. The Board of Adjustment has considered the effect of the proposed variances 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.
4. To utilize the existing configuration of the lot with its current nonconforming features
(building and paved areas) a variance appears warranted. The requested rear
setback variance is from an area of right-of-way that is uncommonly large in width.
The total setback of 65 feet from the curb of Village Lake Drive to the proposed
outdoor display area is greater than the typical minimum setback of 60 feet for C-4
properties in the area.
5. The large area of right-of-way that resulted along the southeastern corner of the
property is unique to this situation. Generally the right-of-way for a local street such
as this is 10-15 feet in width of green space from the curb. in this case the green
space width is 65 feet. Therefore staff believes that in this case the variance for a
reduced setback from the right-of-way line is warranted.
6. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing
nonconforming building and paved areas as well as the remaining area of right-of-
1:106 files106 variancesAractor supplyWariance resolution.doc 1
vvv.w.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
way of the recently relocated Village Lake Drive may create hardships for the
property owner.
7. Staff recommends that due to the residential properties located immediately to the
rear of the proposed Tractor Supply Company deliveries should be limited to store
hours as a condition of approval. This will maintain a decreased amount of delivery
truck traffic during off peak hours. Granting of the variance will not impair an
adequate supply of light and air to adjacent property or negatively impact public
safety.
8. The granting of the variances will not impact the character and development of the
area. The fenced outdoor display will remain a distance of 65 feet from Village Lake
Drive; a distance similar to other C-4 businesses which meet then front yard setback
requirement.
9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. In this case the
outdoor display area will remain the minimum distance from the local street curb as
the typical front yard setback distance of buildings in the C-4 zoning distance. In
addition, to maintain a buffer that is consistent with the zoning ordinance staff
recommends the replacement of the three Austrian Pine trees located at the
southeastern corner of the property which are proposed for removal or new plans
shall be submitted which indicate the preservation of these trees. With this
additional condition the proposed variance will not be contrary to the intent of the
Ordinance and Comprehensive Plan.
10. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the lot's existing conditions
and realignment of the nearby street. The applicant proposes utilization of the
existing hard surface areas. Also the lot was not reconfigured when Village Lake
Drive was realigned and an uncommonly large width of right-of-way resulted along
the southwest corner of the lot.
11. The hardship results from the setback imposed despite the realignment of Village
Lake Drive further to the south, away from the property line of the site. The site also
has limited capabilities with the redevelopment of the site, and actual usage of the
existing building and paved areas appears to be one of the only ways for the
property owner to obtain reasonable use of the property.
12. Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
13. The contents of Planning Case #06-169 are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
JA06 files106 variancesAractor supplyWariance resolution.doc 2
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance to allow for the construction of an outdoor display area:
1. A 50' variance from the required 50' minimum front yard setback in the C-4
Zoning Use District to allow for the addition of a fenced outdoor display area.
The following conditions shall be complied with prior to the issuance of a building permit
for construction on the subject site:
1. The applicant shall re-position or replace the three Austrian Pine trees marked for
removal at the southeastern corner of the outdoor display area or submit new plans
indicating these three trees will not be removed.
2. All deliveries to the site shall be limited to store hours.
3. This resolution must be recorded at Scott County within 60 days of adoption. Proof
of recording, along with the acknoWedged City Assent Form, shall be submitted to
the Planning Department prior to the issuance of a building permit.
4. Site Plan approval is required prior to the issuance of any building permits.
5. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on this 11"' day of September, 2006.
AnthoHly Stamson, Commission Chair
ATTEST:
Ja e Kansier, Planning Director
IA06 f leslo6 variancesltractor supplylvariance resolution.doc 3
04 F RIL4
Maintenance Center
.. 17073 Adelmann Street S.E.
U t�rr Prior Lake, Minnesota 55372
4111VtYES0
RESOLUTION 06-14PC
A RESOLUTION APPROVING A 50' VARIANCE FROM THE REQUIRED 50' FRONT
YARD SETBACK ALONG VILLAGE LAKE DRIVE TO ALLOW FOR THE ADDITION
OF A FENCED OUTDOOR DISPLAY AREA ON A SITE WITHIN THE C-4 ZONING
DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Fendler Patterson Construction, is requesting a variance from the zoning ordinance
for the construction of a fenced outdoor display area on property zoned C-4
(General Business) at the following location, to wit;
Lot 1, Block 1, Radermachers First Addition, according to the recorded plat
thereof, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #06-169 and held a hearing thereon on September 11, 2006.
3. The Board of Adjustment has considered the effect of the proposed variances 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.
4. To utilize the existing configuration of the lot with its current nonconforming features
(building and paved areas) a variance appears warranted. The requested rear
setback variance is from an area of right-of-way that is uncommonly large in width.
The total setback of 65 feet from the curb of Village Lake Drive to the proposed
outdoor display area is greater than the typical minimum setback of 60 feet for C-4
properties in the area.
5. The large area of right-of-way that resulted along the southeastern corner of the
property is unique to this situation. Generally the right-of-way for a local street such
as this is 10-15 feet in width of green space from the curb. In this case the green
space width is 65 feet. Therefore staff believes that in this case the variance for a
reduced setback from the right-of-way line is warranted.
6. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing
nonconforming building and paved areas as well as the remaining area of right-of-
IA06 files106 variancesltractor supplylvariance resolution.doc 1
www,cityofpi iorlake.com
Phone 952.440.9675 / Fax 952.440.9678
way of the recently relocated Village Lake Drive may create hardships for the
property owner.
7. Staff recommends that due to the residential properties located immediately to the
rear of the proposed Tractor Supply Company deliveries should be limited to store
hours as a condition of approval. This will maintain a decreased amount of delivery
truck traffic during off peak hours. Granting of the variance will not impair an
adequate supply of light and air to adjacent property or negatively impact public
safety.
8. The granting of the variances will not impact the character and development of the
area. The fenced outdoor display will remain a distance of 65 feet from Village Lake
Drive; a distance similar to other C-4 businesses which meet then front yard setback
requirement.
9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. In this case the
outdoor display area will remain the minimum distance from the local street curb as
the typical front yard setback distance of buildings in the C-4 zoning distance. In
addition, to maintain a buffer that is consistent with the zoning ordinance staff
recommends the replacement of the three Austrian Pine trees located at the
southeastern corner of the property which are proposed for removal or new plans
shall be submitted which indicate the preservation of these trees. With this
additional condition the proposed variance will not be contrary to the intent of the
Ordinance and Comprehensive Plan.
10. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the lot's existing conditions
and realignment of the nearby street. The applicant proposes utilization of the
existing hard surface areas. Also the lot was not reconfigured when Village Lake
Drive was realigned and an uncommonly large width of right-of-way resulted along
the southwest corner of the lot.
11. The hardship results from the setback imposed despite the realignment of Village
Lake Drive further to the south, away from the property line of the site. The site also
has limited capabilities with the redevelopment of the site, and actual usage of the
existing building and paved areas appears to be one of the only ways for the
property owner to obtain reasonable use of the property.
12. Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
13. The contents of Planning Case #06-169 are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
IA06 files106 variancesltractor supply\variance resolution.doc 2
,
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance to allow for the construction of an outdoor display area:
1. A 50' variance from the required 50' minimum front yard setback in the C-4
Zoning Use District to allow for the addition of a fenced outdoor display area.
The following conditions shall be complied with prior to the issuance of a building permit
for construction on the subject site:
1. The applicant shall re-position or replace the three Austrian Pine trees marked for
removal at the southeastern corner of the outdoor display area or submit new plans
indicating these three trees will not be removed.
2. All deliveries to the site shall be limited to store hours.
3. This resolution must be recorded at Scott County within 60 days of adoption. Proof
of recording, along with the acknowledged City Assent Form, shall be submitted to
the Planning Department prior to the issuance of a building permit.
4. Site Plan approval is required prior to the issuance of any building permits.
5. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on this 111h day of September, 2006.
Antho y Stamson, Commission Chair
ATTEST:
Ja Kansier, Planning Director
IA06 tiles106 variancesltractor supplyWariance resolution.doc 3
ASSENT OF APPLICANT
File# 06-169
As Approved by Resolutions #06-14PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
1108.414 After One Year, No Construction Required. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year, New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
LA06 FILES\06 VARIANCEWractor Supply\ASSENT.DOC 1
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition; I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
64
DATE ISIeE ffLICAN
SIGNATURE OF OWNER
16907 Highway 13 S.
ADDRESS OF PROPERTY
L:106 F1LES106 VAKIANCESVrmctor Supp"SENT.DOC 2