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HomeMy WebLinkAbout05/06/2015 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 MAY 6, 2015 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF APRIL 1, 2015 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A.Outlot C/Community Cares Property Rezoning – Public hearing to consider rezoning of two properties from “A” (Agricultural) to “BP (Business Park) for consistency with 2030 (PC15-15-Z) Comprehensive Plan designation of “IND” (Industrial). LOCATION: Southwest of Energy Way and Pilot Knob Road PETITIONER: City of Apple Valley B. Cobblestone Lake 7th Addition – Public hearing to consider subdivision of approximately 3.7 acres of property for the purpose of constructing 37 townhomes; and the completion of a (PC15-13-ZSB) Comprehensive Land Use Map amendment and rezoning. LOCATION: Northeast corner of Eagle Bay Drive and Dodd Boulevard PETITIONER: South Shore Development, Inc. 6. LAND USE/ACTION ITEMS A.Schesso/Hine Fence Variance – Request for a variance allowing for increase in fence height from 3.5 feet to 6 feet where a fence is located along a rear property line, which constitutes the side (PC15-12-V) lot line of an abutting lot. LOCATION: 14334 Embry Path PETITIONER: Troy Schesso and Lisa Hine B.Eriksmoen Cottages Driveway/Garage Variance – Request for a variance to allow for the retention of a second attached garage and driveway as part of a conversion of a twin-home into a (PC15-21-V) single-family dwelling. LOCATION: 13980-82 Holyoke Path PETITIONER: Eriksmoen Cottages and Brett Foss 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, May 20, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, April 22, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, May 11, 2015 Wednesday, June 3, 2015 Regular Scheduled Meeting 7:00 P.M. Public hearing applications due by 9:00 a.m. on Wednesday, May 6, 2015 -Site plan, variance applications due by 9:00 a.m. on Tuesday, May 26, 2015 NEXT CITY COUNCIL MEETINGS Thursday, May 14, 2015 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, May 28, 2015 Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 180. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 P. m. CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 1, 2015 Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler. Members Absent: None Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Engineer Colin Manson, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MARCH 18, 2015 Chair Melander asked if there were any changes to the minutes. Community Development Director Bruce Nordquist stated a revised copy of the minutes had been distributed to the Commission. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the revised minutes of the meeting of March 18, 2015. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS A. Set public hearing for May 6, 2015, 7:00 p.m. to consider rezoning of two properties: Outlot C, Valley Business Park and 5751 - 150th Street W. from "A" (Agricultural) to "BP" (Business Park). PETITIONER: City of Apple Valley MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, adopting resolution setting a public hearing for May 6, 2015, to consider the rezoning of the following properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial): a. Parcel 1: Outlot C, Valley Business Park b. Parcel 2: 5751 — 150th Street W. Ayes - 6 - Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 1, 2015 Page 2 of 3 5. PUBLIC HEARINGS -- NONE -- 6. LAND USE /ACTION ITEMS A. Schesso/Hine Fence Variance — Request for a variance allowing for increase in fence height from 3.5 feet to 6 feet where a fence is located along a rear property line, which constitutes the side lot line of an abutting lot. (PC15 -12 -V) LOCATION: 14334 Embry Path PETITIONER: Troy Schesso and Lisa Hine Planner Kathy Bodmer stated the applicant is requesting a variance to the maximum height of a fence from 3.5' to 6' within a 17' sight triangle where a rear yard abuts a neighbor's side yard, based upon the practical difficulty that they need to have a six foot (6') fence for a dog and that extending the fence around the corner would allow them to preserve one of four mature evergreen trees on the northeast corner of the property adjacent to Ebony Lane. The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are "practical difficulties" present in order for a variance to be granted, and that logical alternatives are not available. The definition of a practical difficulty is the following: the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. The City Code also states that economic considerations alone do not constitute practical difficulties. Because the owner has options other than a variance, staff is not recommending approval of the variance. She stated the applicants wish to extend their 6' privacy fence along the side and rear lot line. However, while the petitioners' fence would be located along their property's rear lot line, it would be located along the side lot line of the neighbor's property to the north. The zoning code states, when a property's rear lot line constitutes the side lot line of the neighbor's property, that the height of a fence within a 17' triangle area may not exceed 3.5' in height. The previous owner of the property installed a 6' privacy fence along Ebony Lane and terminated it when it reached the 17' sight triangle. In its place, the previous owner installed four evergreen trees which are now over 20' tall. The current owners wish to extend the 6' privacy fence along the side lot line around the corner and around the rear lot line. This requires a variance from the fence height requirement through the 17' sight triangle. In the future, the owners plan to construct a detached garage on the northwest corner of the property with a driveway access on the northeast corner of the property off of Ebony Lane. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 1, 2015 Page 3 of3 The owners have two alternatives available which would allow them to avoid a variance: the first would be to simply reduce the height of the fence and make it 3.5' tall within the 17' triangle. The rest of the fence could be 6' tall. The petitioners state that the fencing is for a dog and that the shorter fence is not an option for them. The second alternative would be to angle the fence so that the 17' sight triangle remains open. The owners state that angling the fence would require the removal of the mature evergreen trees located in the corner. They state that the variance would help them to keep one of the existing mature trees. Without the variance, all of the trees would likely need to be removed to angle the fence. The primary concern the City has regarding fence heights in the 17' sight triangle would be ensuring that the neighbor can see safely to exit his /her driveway. In this case, the driveway is on the other side of the neighbor's lot. In addition, the 20'+ trees are a larger obstruction to the view than a 6' fence would be. The variance would not impact the neighbor's visibility. The neighbors have submitted a letter in support of the requested variance. Troy Schesso and Lisa Hine, 14334 Embry Path, provided additional information Discussion followed. The variance request was tabled by the applicants and they will work with staff. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, April 15, 2015, at 7:00 p.m. A worksession for Vitalocity would be a presentation on strategies for an aging - friendly community. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:34 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, J, f Murphy, Planning t) epa ent Assistant Approved by the Apple Valley Planning Commission on PROJECT NAME: Outlot C /Community Cares Property Rezoning PROJECT DESCRIPTION: Rezone two properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial) STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC 15 -15 -Z ••• •••• ••••• •••• ••• City of Apple Valley Budget Impact None noted at this time. Attachment(s) 1. Area Map 2. Comprehensive Plan Map 3. Existing Zoning Map ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4. Proposed Zoning Map 5. 2030 Comp Plan Excerpt - Industrial 6. Properties Zoned "Agricultural" 7. "A" Zoning Code uses 8. "BP" Zoning Code uses 5A May 6, 2015 Public Hearing Action Requested • Open the public hearing, receive comments, and close the hearing. It is the policy of the Commission not to act on an item the same night as its public hearing. Project Summary /Issues In 1994, the Apple Valley Economic Development Authority (EDA) acquired a 28 -acre site generally located northwest of the intersection of Pilot Knob and County Road 42 from L.G.S. Concord/ Citizens Utility to facilitate the creation of a business park. This 28 -acre parcel, now called Valley Business Park, was platted in 1999. Immediately to the south of Valley Business Park is a 3.54 -acre unplatted parcel that had been an old farmstead. The property is now owned by Community Cares, Inc. (5751 150 Street W.). Adjacent to the Community Cares site is a 0.18 -acre Outlot C owned by the Apple Valley Economic Development Authority. Both properties are guided "IND" (Industrial), but zoned "A" (Agricultural). State statute (Minn Stat 473.865, Subd. 3) states that if the zoning of a property conflicts with a comprehensive plan as the result of an amendment to the plan, the zoning regulation shall be amended so as to not conflict with the comprehensive plan. The City Attorney has stated that the City should ensure that the zoning of property be consistent with its Comprehensive Plan designation. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to "BP" is necessary by state law. Property Location: Generally southwest of Energy Way and Pilot Knob Road Legal Description: Parcel 1 01- 81100 -00 -030 (0.18 acres) (Owned by Apple Valley EDA): No address assigned. Outlot C, Valley Business Park. Parcel 2 01- 02600 -76 -020 (3.54 acres) (Owned by Community Cares, Inc.): 5751 150 Street W. That part of the East One Half of the Southeast quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet, thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 feet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. Comprehensive Plan Designation "IND" (Industrial) Zoning Classification Both parcels are zoned "A" (Agricultural) Existing Platting Parcel 1: Platted. Parcel 2: Unplatted. Current Land Use Parcel 1: Vacant. Parcel 2: Single family house currently unoccupied with accessory buildings Size: Parcel 1: 0.18 acres Parcel 2: 3.54 acres Topography: Relatively flat Existing Vegetation Moderate trees, lawn Other Significant Natural Features None identified Adjacent Properties/Land Uses NORTH Valley Business Park Comprehensive Plan "IND" (Industrial) Zoning /Land Use `BP" (Business Park) SOUTH Fischer Aggregate mine and Residential properties Comprehensive Plan "MBC" (Mixed Business Campus) Zoning/Land Use Sand and gravel mine: "SG" (Sand & Gravel) Residential properties: "A" (Agricultural) EAST Knob Ridge Business Park Comprehensive Plan "IND" (Industrial) Zoning /Land Use "BP" (Business Park) WEST McCormick Computer Comprehensive Plan "IND" (Industrial) Zoning /Land Use "BP" (Business Park) Existing Conditions Development Project Review: OUTLOT C /COMMUNITY CARES PROPERTY REZONING PROJECT REVIEW Comprehensive Plan: The site is guided "IND" (Industrial) in the Comprehensive Plan, which allows for offices, assembly, warehouse, manufacturing and other similar uses within an enclosed building to limit the amount of dust, noise, odor, and other adverse impacts. Zoning districts allowed in areas guided in the Comprehensive Plan for industrial uses consist of "I -1" (Limited Industrial), "I -2" (General Industrial), and "BP" (Business Park). The section of the Comprehensive Plan pertaining to Industrial properties is attached. 2 H: \DEVELOPM\2015 Projects \AG Rezoning Consistency \050615 PC memol.docx There is no Comprehensive Plan category for agricultural uses. The City determined in previous Comprehensive Plans that Apple Valley is a developing suburban community, and agricultural land will be phased out as the land is redeveloped. The Agricultural designation had been removed when the 2020 Comprehensive Plan was adopted in 1999. When the 1979 Comprehensive Plan was adopted, there were 1,674 acres used for agricultural purposes. When the 2020 Comprehensive Plan was adopted in 1999, there were approximately 397 acres used for agricultural purposes. The 2030 Comprehensive plan, adopted in 2010, did not list any property as being used for agricultural purposes and did not discuss agricultural uses, though currently there are approximately 60 acres zoned agricultural. The subject properties are not used for agricultural purposes. The property owned by the Apple Valley EDA is vacant, and is an outlot of Valley Business Park, which was developed in the late 1990s. The Community Cares property is an old farmstead that had been used as a single family home, but evidence indicates the house has been unoccupied for at least two years. The property, which has three accessory buildings, is being used by the owner for the warehousing and distribution of bulk food. According to its website, Community Cares is a non-profit food bank that picks up and delivers food to more than 25 food shelves and churches in the seven-county Metropolitan area, as well as some locations outside of this area (www.communitycaresmn.org). The City Attorney has advised that Minnesota statutes (Minn Stat 473.865, Subd. 3) require the zoning and Comprehensive Plan designation of a property be consistent. Because the Comprehensive Plan designates the subject parcels for industrial uses (and these properties are not currently used for agricultural or residential purposes), the zoning must be changed. Zoning: The subject parcels are zoned "A" (Agricultural). Currently, there are 22 parcels in the City that are zoned agricultural including the two subject properties. Of these 22 parcels, only one is used for commercial agricultural purposes, which is Pahl's Market. The attached chart lists the 22 properties, the current uses, and the existing Comprehensive Plan designation. Also attached is a full list of the permitted, accessory, and conditional uses allowed in the Agricultural district. In 2010, the City undertook the rezoning of 11 sites so that they would be consistent with the Comprehensive Plan designation. Agricultural properties were not rezoned at that time, with a few exceptions. It is staffs intention to rezone these properties before the next update of the Comprehensive Plan begins so that they are consistent with the current Comprehensive Plan. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to "BP" is necessary by state law. The Business Park zoning allows for the following uses: Corporate offices, labs, research facilities, office with attached manufacturing, warehouse sales and showrooms (no retail food sales), storage facilities when contained inside a building, contractor's offices, and similar. A full list of all permitted, accessory and conditional uses allowed in the Business Park district is attached. Public Hearing Comments: To be taken. 3 H:\DEVELOPM\2015 Projects\AG Rezoning Consisteney\050615 PC memol.docx T ` Milt ill 1* r • •, i IOW O .. Y `7 0 1 1 OUTLOT C/ COMMUNITY CARES COMP PLAN MAP 150TH ST W COMMUNITY CARES SITE BP OUTLOT C / COMMUNITY CARES EXISTING ZONING MAP 150TH ST W COMMUNITY CARES SITE BP OUTLOT C BP OUTLOT C / COMMUNITY CARES PROPOSED ZONING MAP Proposed Zoning: "BP" (Business Park) City of Apple Valley 2030 Comprehensive Plan Industrial (IND) This category allows offices, assembly, warehouse, manufacturing and other similar activities within an enclosed building to limit the amount of dust, noise, odor and other adverse impacts. The current zoning district categories that regulate industrial uses include I -1, I -2 and BP. A limited percentage of floor space (10% of gross floor area) is permitted for retail activities accessory to the industrial uses. Use of the I -2 zoning district will be phased out as redevelopment opportunities arise to comply with the industrial land use policies of this plan. The performance standards applicable to this land use category include: • Quality site design and building materials are expected to be used within this land use category to promote pleasing off -site views of the development; • This land use designation shall not be located adjacent to residential land uses unless a significant buffer which consists of distance, berming, heavy landscaping, decorative fences /walls or a combination thereof as determined by the area characteristics is proposed and deemed adequate by the City. Loading and delivery areas shall be screened from off -site views; • Landscaping shall consist of aesthetic treatment to provide interruption of long building walls and to soften parking lot areas; • Exterior storage of materials and equipment shall be completely enclosed, or screened from all property lines by a fence or wall; • Traffic generation from development is not expected to be significant compared to other business land use categories; however, heavy vehicles such as trucks, etc. are characteristic of uses in this land use category. Space for truck and vehicle maneuvering needs to be planned for these uses. Weekend trip generation from the site should be minimal; • Driveway access point to the development shall be from non -local streets or those designed for primarily non - residential traffic. No direct access to County Road #42 shall be allowed; and • Lighting is limited to parking lot and building illumination designed for employee safety. EXISTING PROPERTY ZONED "A" (AGRICULTURAL) 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 Address / Property Location/ PID No address NW Corner Cedar Ave. & CR 46 (160 St.) 01- 03300 -75 -012 6885 160 St. W. 01- 03400 -76 -020 6533 160 St. W. 01- 03500 -50 -011 15020 Galaxie Ave. 01- 03400 -03 -011 5720 150 St 01-03500-01-010 5702 150 St 01-03500-01-020 4978 150 St 01-03600-03-011 4832 150 St 01- 03600 -05 -020 15450 Dodd Blvd. SE corner of Eagle Bay Dr. & Dodd Blvd. 01- 03600 -26 -010 5751 150t' St 01- 02600 -76 -020 No address Generally SW o Energy Way 01-81100-00-030 13797 Diamond Path 01- 02400 -77 -032 13785 Diamond Path 01- 02400 -77 -020 13801 Diamond Path 01- 02400 -77 -031 13540 Diamond Path 01- 14100 -01 -010 No address 01- 01600 -51 -015 12294 Johnny Cake Ridge Rd. 01- 01400 -04 -010 12150 Johnny Cake Ridge Rd. 01- 01400 -03 -010 No address 01- 01400 -25 -020 12079 Pilot Knob Road 01- 01300 -25 -010 12270 Johnny Cake Ridge Rd. 01- 01400 -05 -010 12439 Pilot Knob Road 01- 01300 -29 -010 Use Vacant - ROW Pahl's Market — Commercial agriculture Homestead — former farmstead Dakota Electric substation Single Family house Single Family house Single Family house Single Family house Vacant — Proposed Cobblestone Lake 7th Addition Warehouse - - for farmstead (Community Care Single Family house Single Family house Single Family house Single Family house Vacant — part of Single Family residence area Single Family house Lebanon Hills Park Lebanon Hills Park Lebanon Hills Park Lebanon Hills Park Acres (less ROW) 0.88 10.89 5.11 1.07 0.72 0.73 2.39 0.94 3.05 4.94 5.50 2.61 1.36 1.26 3.00 4.62 0.50 4.96 0.46 1.34 Comprehensive Plan Designation "MD" (Medium Density Residential) "MD" (Medium Density Residential) "LD" (Low Density Residential) "INS" (Institutional) "MBC" (Mixed Business Campus) "MBC" (Mixed Business Campus) "LD" (Low Density Residential) "LD" (Low Density Residential) "P" (Park) & "MD" (Medium Density Residential) — to be rezoned "PD" (Planned Development) "LD" (Low Density Residential) "LD" (Low Density Residential) "LD" (Low Density Residential) "LD" (Low Density Residential) "LD" (Low Density Residential) "P" (Park) "P" (Park) "P" (Park) "P" (Park) "P" (Park) Lebanon Hills Park "P" (Park) Total Acres: 59.53 § 155.020 PERMITTED USES. CITY OF APPLE VALLEY ZONING CODE EXCERPT AGRICULTURAL DISTRICT Within any agricultural district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) All types of agricultural pursuits including the keeping, raising or production of livestock and accessory farm residences; (B) Commercial greenhouses and nurseries; (C) Stands for the sale of agricultural products provided the products are at least in part raised on the premises; (D) One - family detached dwelling meeting the standards of the Uniform Building Code, placed on permanent foundation and having no horizontal axis less than 18 feet in length; and (E) Public parks and playgrounds. (`81 Code, § A1-28) (Ord. 291, passed 4- 21 -83; Am. Ord. 465, passed 10- 26 -89) § 155.021 CONDITIONAL USES. Within any agricultural district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by a conditional use permit for: (A) Any conditional use in the R, single - family districts, as listed in § 155.052 and regulated therein; and (B) Riding stables, boarding stables, ski hills and similar uses. (`81 Code, § A1-28) (Ord. 291, passed 4- 21 -83; Am. Ord. 465, passed 10- 26 -89) § 155.022 ACCESSORY USES. Within any agricultural district, any accessory use permitted in the R, single- family districts, as listed in § 155.053, shall be permitted. (`81 Code, § A1-28) (Ord. 291, passed 4- 21 -83; Am. Ord. 465, passed 10- 26 -89) § 155.230 PURPOSE. CITY OF APPLE VALLEY ZONING CODE EXCERPT BUSINESS PARK DISTRICT Business park districts are designed for uses and businesses which provide and may combine office, corporate headquarters, research, light assembly, commercial recreation and storage within a building shell. The district requires a specific architectural concept plan, consistent with commercial buildings, as per § 155.346(D)(1), and a minimum of 40 acres. Without mitigation of impacts through requirements in this subchapter, these uses may be incompatible with residential development. Therefore, businesses in this zoning classification are concentrated, isolated and buffered as much as possible from any adjoining residential areas. (`81 Code, § A1-42.5) (Ord. 535, passed 2- 27 -92; Am. Ord. 637, passed 11- 25 -97) § 155.231 PERMITTED USES. Within any BP district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) Corporate offices or headquarters with associated marketing and research buildings in a campus setting; (B) Laboratories, research facilities and support offices as the principal use. Medical, professional and real estate offices and office uses which are less than 20,000 square feet in area shall only be permitted as a tenant in a building of at least 20,000 square feet or more in floor area; (C) Offices with attached manufacturing or warehouse combinations wherein manufacturing or warehouse space shall not exceed 90% of the floor area per occupant. Office space shall be placed in a location nearest to the customer entrance; (D) Warehouse sales or showrooms for furniture, carpets, rugs and similar goods that do not include retail food sales; (E) Storage facilities contained within a building and associated with the primary use or outdoor storage as a conditional use; (F) Animal hospitals or clinics with no exterior storage or animal runs; (G) Television, recording and radio studios and sound stages; microwave towers are subject to conditional use and tall broadcast towers are not permitted; (H) Trade schools and community colleges with no exterior storage or outside classrooms; and (I) Contractor's office, with indoor storage space not to exceed 90% of the floor area. (K) Pet spa or daycare, subject to the following: 1 CITY OF APPLE VALLEY ZONING CODE EXCERPT (1) Outdoor animal- relief areas, subject to a conditional use permit. (2) If located in a multi-tenant building, soundproofing shall be installed on all common walls between the daycare suite and adjacent suites within the building. (3) The overnight keeping of animals shall be allowed on a limited basis, and shall not exceed 35% o f the number of animals kept during the day. (4) No outdoor facilities, including runs, kennels or outdoor storage, shall exist. (5) A cattery or kennel shall not be allowed as part of a pet spa or daycare facility. (`81 Code, § A1-42.5) (Ord. 535, passed 2- 27 -92; Am. Ord. 637, passed 11- 25 -97; Am. Ord. 821, passed 10- 11 -07) § 155.232 CONDITIONAL USES. Within any BP business park district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (A) Outdoor climate, weathering, environmental exposure research or testing facilities, which shall be screened from view, and not exceed noise and air quality standards of PCA. This is intended to be a passive research or testing area with tested items to be anchored for exposure to climatic conditions; (B) Restaurant or cafeteria facilities associated with an internal to office facilities intended to serve only the employees of the facility; (C) Light fabrication/manufacturing when contained entirely within the building; (D) Swim and fitness clubs, tennis clubs, skating, exercise and similar commercial recreation facilities when contained within a building. An inflatable structure as an accessory building, may be used when setback a minimum of 250 feet from adjoining residential structures; (E) All building exterior finishes constructed other than to the standards set forth in § 155.346(D)(1), downtown commercial buildings, regarding exposed vertical exterior finish materials. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used; (F) BP zoning districts established with less than 40 acres; (G) Outdoor storage of materials, provided they are screened from view in a manner satisfactory to the City Council with a masonry fence matching the building materials of the primary building and that they storage area is located along an interior lot line, not abutting any public street; 2 CITY OF APPLE VALLEY ZONING CODE EXCERPT (H) Microwave towers only when associated with a studio broadcast facility, with a maximum height equal to the distance the tower is setback from the closest property line; and (I) Church or daycare uses, only when located in a multi - tenant building and when said uses occupy less than 50% in aggregate of the total floor space of the building. (J) Towers as regulated in § 155.385. (K) Outdoor overnight parking of vehicles; provided they are properly screened from view in a manner satisfactory to the City Council, and that no outdoor overnight parking of vehicles shall be allowed in parking areas located adjacent to residential areas. (L) Outdoor relief areas in conjunction with a pet spa or daycare operation, subject to the following requirements: (1) The outdoor relief area shall be properly screened in a manner approved by the city. (2) The exterior of the premises outside of the screened area shall be maintained in a clean and sanitary manner. (3) The outdoor relief area shall be for the use of dogs only. (4) No dogs shall remain unattended in the outdoor relief area. (5) The outdoor relief area shall not be used as an outdoor kennel, animal run, animal outdoor play area, materials storage, or any other use not specifically identified in the conditional use permit. (6) The outdoor relief area shall be maintained in a clean and sanitary condition at all times. (7) Solid waste material shall be removed a minimum of once per day, and disposed of in a sanitary manner. (8) A filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the city's storm water system. (9) Final plans for any outdoor relief area shall be reviewed and approved by city staff prior to any construction. (10) Pea gravel and lime shall be removed on an annual basis, and the city shall inspect the removal and replacement of the materials. (11) The outdoor relief area shall be maintained in clean and sanitary condition at all times. All solid waste must be removed a minimum of once per day, and disposed of in a 3 sanitary sewer; and liquid waste shall be flushed with water and sanitized with an environmentally sensitive cleaning and sanitation product once per day. ('81 Code, § A1-42.5) (Ord. 535, passed 2- 27 -92; Am. Ord. 637, passed 11- 25 -97; Am. Ord. 673, passed 5- 25 -00; Am. Ord. 760, passed 10- 14 -04; Am. Ord. 808, passed 4- 26 -07; Am. Ord. 821, passed 10- 11 -07) § 155.233 ACCESSORY USES. CITY OF APPLE VALLEY ZONING CODE EXCERPT Within any BP district, the uses or uses deemed similar by the City Council as listed in § 155.093 shall be permitted accessory uses. (`81 Code, § A1-42.5) (Ord. 535, passed 2- 27 -92) § 155.234 ADDITIONAL REQUIREMENTS AND CONDITIONS. (A) Whenever a BP district abuts or is across the street from an R district or an M district, a fence or masonry wall, berm or compact evergreen hedge, or a combination thereof, not less than 50% opaque nor less than six feet in height shall be erected and maintained along all property lines or streets. (B) Loading docks shall not be permitted along the particular side of a building which faces a public street or an abutting R or M district. (C) The minimum size of a parcel or contiguous parcels to be rezoned as a BP district shall be 40 acres, unless the City Council approves a conditional use permit to allow for a lesser size. (D) When a parcel is designated for a BP district, the owner /applicant shall submit a master plan illustrating the proposed lots and building locations. In addition, the owner /applicant shall submit a master architectural concept plan which illustrates a consistent use of exterior materials, as specified in § 155.346(D)(1), downtown commercial buildings, heights and entry and loading door designs which shall be used as a guide in the development of each building in the district. (E) The minimum floor area of any building shall be 20,000 square feet. (`81 Code, § A1-42.5) (Ord. 535, passed 2- 27 -92; Am. Ord. 637, passed 11- 25 -97) § 155.235 MINIMUM STANDARDS AND REQUIREMENTS. (A) The minimum area standards and requirements set out in Appendix C shall be met. (B) No improvements shall be placed on the lands unless the lands to be so used or improved shall meet the minimum area and dimensional requirements. (1) See this chapter's Appendix C. 4 CITY OF APPLE VALLEY ZONING CODE EXCERPT (2) Maximum impervious surface, see § 155.350. (3) Screening, see § 155.348. (4) Landscaping, see § 155.349. The minimum cost of landscaping materials shall be 2.5% of building value. (5) Parking, see §§ 155.370 through 155.379. (6) Building materials, see § 155.346. ('81 Code, § A1-43) (Ord. 291, 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 446, passed 6-22-89; Am. Ord. 535, passed 2-27-92) 5 Agriculture Rezoning Consistency – OutlotC/Community Cares Sites Presentation to the Planning Commission May 6, 2015 Request Rezone two properties from “A” (Agricultural) to • “BP” (Business Park). Properties inconsistent with Comprehensive Plan • designation in “IND” (Industrial) No Agriculture designation in the Comp Plan –none since • 2020 plan adopted in 1999. None shown on Land Use map in 1979 and after. State statute requires zoning and Comprehensive • Plan designation to be consistent (MinnStat 473.865, Subd. 3) • City is applicant to ensure consistency • Similar actions taken in 2010 • Site Location Generally southwest of Energy Way and Pilot Knob Road EVERGREEN TRL UPPER 147TH ST W IND EVEREST AVE 148TH ST W ENERGY WAY ENDICOTT WAY PILOT KNOB RD IND IND IND MD IND OUTLOT C 149TH ST W IND COMMUNITY CARES SITE IND 150TH ST W MBC INS INS 151ST ST MD Comprehensive Plan Designation “IND” (Industrial) Existing Zoning “A” (Agricultural) Agricultural Zoning Areas 22 properties still zoned “A” (about 60 acres) • 10 are Single Family Homes, or are properties owned • by homeowners. Five (5) are located in Lebanon Hills. • One is Dakota Electric substation • One is Pahl’sMarket –only commercial agricultural • operation in City. One is vacant –partially used for Cedar Avenue ROW • One is vacant and currently under development review • One is former farmstead, may be occupied • occasionally Two are the parcels under discussion. • Remaining “A” (Agricultural) Zoned Properties Proposed Zoning “BP” (Business Park) Uses Allowed in “BP” Zone Corporate offices or headquarters –campus setting. • Laboratories, research facilities and support offices • Offices with attached manufacturing or warehouse combinations. • Warehouse sales or showrooms –no retail food sales. • Storage facilities contained within a building and associated with • the primary use or outdoor storage as a conditional use. Animal hospitals or clinics with no exterior storage or animal runs. • Television, recording and radio studios and sound stages. • Trade schools and community colleges with no exterior storage or • outside classrooms. Contractor’s office, with indoor storage space not to exceed 90% • of the floor area. Pet spa or daycare with conditions. • PC Action Open the public hearing, receive comments, • and close the hearing. It is the policy of the Planning Commission not to act • on an item the same night as its public hearing. Questions? PROJECT NAME: COBBLESTONE LAKE 7TH ADDITION PROJECT DESCRIPTION Request for the completion of a Comprehensive Plan Land Use Map amendment and rezoning, subdivision, and site plan/building permit authorization to allow for the construction of 37 townhome dwellings on 3 acres of a 3.7 -acre parcel. The site is located at the northeast corner of Dodd Boulevard and Eagle Bay Drive. STAFF CONTACT: Thomas Lovelace, City Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: South Shore Development, Inc. PROJECT NUMBER: PC 15 -13 -PZSB APPLICATION DATE: 60 DAYS: 120 DAYS: March 18, 2015 May 16, 2015 July 15, 2015 ••• •••• ••••• •••• ••• city of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5B May 6, 2015 Public Hearing Proposed Action Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. Project Summary /Issues The property is currently Comp Plan guided "P" (Parks and Open Space) and "MD" (Medium Density Residential /6 -12 units per acre). In 2005, the petitioner submitted an application requesting a re- designation of this property to "MD" (Medium Density Residential) as part of a 30 -unit townhouse development. On June 23, 2005, the City Council approved the submittal of the Comp Plan amendment to the Metropolitan Council for their consideration and on August 1, 2005, the Met Council approved the amendment. No final action by the City Council was taken on the proposed amendment because the petitioner withdrew their request. Rezoning the property from "A" (Agricultural) to "PD 703 /zone 9" (Planned Development), a new subzone classification that would allow for multi - family townhomes as a permitted use, will be required. This new planned development zone would be part of the Cobblestone Lake development. Approval of this new subzone will require the preparation of ordinance amendments that identify the proposed use as well as the area requirements and performance standards for the future subzone. The rezoning was also considered in 2005, and the Planning Commission recommended approval to the rezoning to "PD 703 /zone 9 ", conditioned upon approval of the Comp Plan re- designation. 155th Street West, west of Eagle Bay Drive is a four -lane divided roadway with left and right -turn lanes. Just east of the Eagle Bay Drive intersection, the street turns into Dodd Boulevard. The street at that location loses a thru lane each way and no turn lanes have been installed. Because of the volume of traffic, this street carries and loss of lanes east of Eagle Bay Drive, staff is recommending that right turn lanes be installed at the two entrances into the development. A sidewalk connection should be made along the south side of the northerly intersection to the Dodd Boulevard pathway. Staff is also recommending that a sidewalk connection be made to the pathway Engineer's Memo Development Plans Location Map Landscape Plans Comp Plan Map Building Elevations Zoning Map Pulte Building Design Information located in the Apple Valley East Park. Staff is recommending that a masonry treatment be added to help add more variety to the exterior. The petitioner also should investigate the incorporation of such things as bay windows, decorative sills and headers, window shutters, and width of the lap siding to help break up the massing of the buildings. Budget Impact None Attachments Property Location: Northeast comer of Dodd Boulevard and Eagle Bay Drive Legal Description: Part of the Southeast Quarter of the Northwest Quarter of Section 36 Comprehensive Plan Designation "P" (Parks and Open Space) and "MD" (Medium Density Residential/6 -12 units per acre) Zoning Classification "A" (Agricultural) Existing Platting Unplatted Current Land Use Vacant Size: 3.7 acres Topography: Irregular Existing Vegetation Volunteer grasses and trees Other Significant Natural Features None Adjacent Properties/Land Uses NORTH Cortland Single- Family Development Comprehensive Plan "LD" (Low Density Residentia1/2 -6 units per acre) Zoning/Land Use "R-3" (Single Family Residential/11,000 min. lot ' size) SOUTH Cobblestone Lake Mixed -Use Development Comprehensive Plan "LD" (Low Density Residentia1/2 -6 units per acre) and "MD" (Medium Density Residentia1/6 -12 units per acre) Zoning /Land Use "PD -703" (Planned Development) EAST Apple Valley East Park Comprehensive Plan "P" (Parks and Open Space) Zoning /Land Use "P" (Instutional) WEST Cortland Single- Family Development Comprehensive Plan "LD" (Low Density Residential/2 -6 units per acre) Zoning/Land Use "R -3" (Single Family Residential/11,000 min. lot size) COBBLESTONE LAKE 7TH ADDITION PROJECT REVIEW Existing Conditions Development Project Review Background Information: In 2005, Tradition Development submitted a townhouse development proposal on the subject property for consideration by the City. The request included a Comprehensive Plan Land Use Map amendment from the current designation "P" (Park) to a "MD" (Medium Density Residential /6 -12 units per acre) designation, a rezoning from "A" (Agricultural) to "PD- 703 /zone 9" (Planned Development), preliminary plat that would create seven (7) lots and one outlot, and site plan/building permit authorization to allow for the construction of thirty (30) townhouse dwelling units. The Planning Commission reviewed the 2005 proposal and recommended approval and the City Council approved the submittal of the Comprehensive Plan amendment to the Metropolitan Council, preliminary plat and site plan/building permit authorization requests. Approval by the City Council of the rezoning was withheld until the approval of the Comprehensive Plan amendment by the Metropolitan Council. The petitioner withdrew their application and no final approvals were granted. Comprehensive Plan Amendment: The Comprehensive Plan Land Use Map currently designates this proposed development site "P" (park), which was intended for park and open space purposes. In 2001, this property's designation was changed from "NS" (Neighborhood Service) to "P" (park) with the intention that this parcel would be combined with the Apple Valley East Park, an 11.6 -acre public park located to the east. As stated previously, in 2005, the petitioner submitted an application requesting a re- designation of this property to "MD" (Medium Density Residential) as part of a 30 -unit townhouse development. On June 23, 2005, the City Council approved the submittal of the Comp Plan amendment to the Metropolitan Council for their consideration and on August 1, 2005, the Met Council approved the amendment. No final action by the City Council was taken on the proposed amendment, because the petitioner withdrew their request. This current townhouse development proposal would be consistent with the previously requested Comp Plan amendment. Approval of this development project would include the completion of the re- designation of the property as proposed in 2005. Rezoning: The applicant is requesting a rezoning of the property from "A" (Agricultural) to "PD 703 /zone 9" (Planned Development), a new subzone classification that would allow for multi- family townhomes as a permitted use. This new planned development zone would be part of the Cobblestone Lake development. Approval of this new subzone will require the preparation of ordinance amendments that identify the proposed use as well as the area requirements and performance standards for the future subzone. Again in 2005, the Planning Commission recommended approval to the rezoning to "PD 703 /zone 9 ", which was conditioned upon approval of the Comp Plan re- designation. Preliminary Plat: The site is currently an unplatted parcel. The petitioner is proposing to plat the 3.7 -acre parcel into 38 lots. Thirty -seven lots, which will vary in size from 1,342 sq. ft. to 1,525 sq. ft., will be used for the construction of one 4 -unit, three 5 -unit, and three 6 -unit townhouse buildings. The remaining lot (Lot 38) will be used for a variety of purposes that include common open space, guest parking spaces, and a private street /drive. The 38 lots will encompass 3.04 acres of the parcel and the remaining property will be dedicated for public right -of -way purposes. Approximately .61 acres of the site will be dedicated as right -of -way for Dodd Boulevard and .05 acres will be dedicated as right -of -way for Eagle Bay Drive. Site Plan: The site plan indicates the construction of one 4 -unit, four 5 -unit, and one 6 -unit townhouse buildings on approximately 2.97 acres. The net density for this project will be 10 dwelling units per acre. Access to site will via two private street connections to Dodd Boulevard. The most northerly intersection will be a full intersection and the south intersection will be a right turn in/out only. Access to the individual dwelling units will be via private streets. Streets A and B will be 24 feet wide and Street C will be 20 feet wide. City code requires a minimum of one and one -half parking spaces, and two garage spaces per townhouse dwelling unit. Each dwelling unit will have a two -car garage and a driveway that should be able to accommodate parking of two vehicles. Twenty guest parking spaces are proposed for the development, which exceeds the minimum required rate of 1 /2 -space per unit. The site plan indicates that these spaces will be 9 feet wide and 18.5 feet long. Street Classifications /Accesses /Circulation: The site is bordered by Dodd Boulevard to the north and Eagle Bay Drive to the west. Dodd Boulevard is classified as a collector street with a design capacity of up to 15,000 vehicle trips per day. Eagle Bay Drive is a local street with a design capacity of up to 6,000 vehicle trips per day. No vehicle access from this development onto Eagle Bay is proposed. Vehicle access from this residential project to a public street will be via two private street intersections along the east side of Dodd Boulevard. This proposed project would generate approximately 217 vehicle trips per day. The public street system adjacent to this site should be able to accommodate the number of trips that will be generated by this proposed project. 155th Street West, west of Eagle Bay Drive is a four -lane divided roadway with left and right -turn lanes. Just east of the Eagle Bay Drive intersection, the street turns into Dodd Boulevard. The street at that location loses a thru lane each way and no turn lanes have been installed. Because of the volume of traffic, this street carries and loss of lanes east of Eagle Bay Drive, staff is recommending that right turn lanes be installed at the two entrances into the development. Private streets and drives will provide vehicular access to dwelling units and circulation within the development. All the private streets /drives have been designed to provide adequate flow of vehicular traffic throughout the project area. Pedestrian Access: The applicant is proposing a network of internal sidewalks with a connection to pathway adjacent to Dodd Boulevard along the north side of the southerly intersection into the site. A second sidewalk connection should also be made along the south side of the northerly intersection to the Dodd Boulevard pathway. Staff is also recommending that a sidewalk connection be made to the pathway located in the Apple Valley East Park. The proposed grades will not allow for a pedestrian connection from the site to the pathway along the east side of Eagle Bay Drive. Grading Plan: The City Engineer has reviewed grading plan and his comments are included in the attached memo. Elevation Drawings: The proposed primary exterior finish will be lap siding with board and batten siding at the gable ends of the roof. The siding material shall be required to meet the building material requirements set forth in "PD- 703 ". A roof treatment and decorative columns will be used at the entrances of each dwelling unit. Staff is recommending that a masonry treatment be added to help add more variety to the exterior. The front elevation will have a small cover stoop. Roof gables will also help break up the front elevation. The rear elevations will incorporate decks and bay windows to help break up its massing. The petitioner should investigate the incorporation of such things as bay windows, decorative sills and headers, window shutters, and width of the lap siding to help break up the massing of the buildings. Landscape Plan: The Natural Resources Coordinator has reviewed the preliminary landscape plans and she has no outstanding issues. Staff would like to see additional landscaping installed between the buildings and the area between the buildings and the guest parking spaces. ••• •••• ••••• •••• ••• CITY OF Apple Valley MEMO Public Works TO: Tom Lovelace, City Planner FROM: Colin G. Manson, City Engineer DATE: April 22, 2015 SUBJECT: Cobblestone Lake 7th Addition Site Review Tom, following is comments regarding the Cobblestone Lake 7th Addition site plan dated March 13, 2015. Please include these items as conditions to approval. General • The developer shall work with City staff to incorporate right turn lanes at site entrances. • A right of way permit will be required for all work within public easements or right of way. • Sewer, water and storm sewer utilities are proposed to be public. This infrastructure shall be publicly designed and inspected. • A pre-construction meeting shall be held prior to beginning any work on the site. • The developer shall identify whether site utilities will be installed under private or public contract. Site & Grading • The retaining wall in the northwest corner of the site shall be identified to be owned and maintained by the Home Owners Association. The wall will be located within the blanket public drainage and utility easement, and shall not be the responsibility of the City of Apple Valley. • A Natural Resources Management Permit will be required prior to mass site grading. • A construction entrance and perimeter silt fences shall be provided for erosion control purposes. • Street sweeping shall be performed as necessary to address material tracking from the site. • Slope restoration for connection of public utilities shall be provided for as soon as possible after disruption. Storm Sewer • Storm water quantity and quality control has been accounted for in the regional storm water pond located west of the site at the intersection of 155th Street and Pilot Knob Road. Sanitary Sewer and Water Main • It is anticipated that each townhome unit will have its own sewer and water service. Natural Resources • The plan indicates generic tree and shrubs. 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Scale 2" = loi-o" Scale 1". io'-o" Scale 1" = Designer Contact Info: , 111 lIlulIlIl 11111 1 1 ' 11;1 1 11 - ij1,1111 I 111111111/ ,..„„„.....,........,..... N N E 0 c z F- c , ELEN E R num ins me nu mum mom Hum— grolw CN CO EY_ 0 0 0 V) 0 d) 0 c z a. F- D 0 L. 0 V) c 0 (l) 0 0 c 0 a. Z IONII 1111111 16111 1.1 ISMS 174 :1611 1 # ladig 71111 y I- LL LO LO ui ilt 1 E1 " 111111.111_ _ : 11 1111 IS 111MMI JIM1114 IR IIE IMLI ............. 116111 sal 11111M1111 i i fifffilTilil iili 11121 •1 oTi• l 1.4s111! Isiiiiiiii li olililo !Er 1 INN!! 52 I 10 ii 1 ,11111•11W111 111111111 1.....7 IS II 111111H111 s i n il l Mn 1 s 1111111111 pniiiiiny Ell IT 1101 Eill m 1 : 111111110 3.1,1111111111 g Ia i 11111111 7 filli IIIIIIIIiir fil gill Sal MI t '''"[ I 1 1111111 II /I Mal IMP/41 " MHO N _ _ A .7. - – aor z co 0 c cs4 Lo 0 w 0 o 0 CL. 4 0 a) d 0 ra Z u Introduction 7 COBBLESTONE x ADDUT{ON APPLICATION FINAL SITE PLAN APPLE VALLEY, MINNESOTA March 18, 2015 Pulte's company vision is "Building Consumer Inspired Homes and Communities to Make Lives Better". We are one of the Iargest national homebuliders in the United States with corporate offices in Atlanta, Georgia. We currently operate under three distinct brands of homebuilding throughout the United States: Pulte Homes, Centex Homes, and Del Webb. Pulte's Minnesota Division headquarters is in Eden Prairie. The Minnesota Division construct approximately 300 homes annually in the Twin Cities market. Information Key • 37 town home Iots • Homes will range from 1,800 to 2,500 square feet Architecture & Floor Plans We are excited to announce that we're introducing in a new townhome product to the Twin Cities market which has recently completed our 12-step Consumer Inspired process. Cobblestone Lake will be the first community in the Twin Cities to nclude this new product, which consist of a three-story, rear Ioad garage townhome comprised of 4 to 6 units per building. Unit sizes vary from 1.800 square feet to 2.500 square feet. Example elevations floor plans are included within this submittal. Unique optional features for the townhome units include: open rooftop terraces, habitable attics, rear decks, and third car tandem garage In general, the first floor contains a rear loaded 2-car garage, with options for a third stall, fourth bedroom, bathroom, powder room, or flex room on the ground level. The second floor primarily consists of a hitohen, dining room, and spacious gathering room. The third floor contains three bedrooms, |aundry, and bathrooms. Above the third floor in what would be considered a habitable attio, owners can choose a number of options such as a loft, a fourth or fifth bedroom, and/or a rooftop terrace. With options for three to five bedrooms, two or three car garages, rear deck, and a rooftop terrace, we believe we can appeal to a broad range of buyers and offer a hgh level of individualization. We recently brought Pulte architects into the Twin Citieo, toured the market for two days to study existing townhome products, and Ied a design charrette to design the exteriors of these townhomes specific for this market. Their design approach was to create ety1ized, individualized units that meld into the fabric of the area and the single family neighborhood based on Craftsman architecture. You will note that the front facade of each unit varies from other units by use of different arrangements of porcheo, window oombinationo. Qab|es, co|oro, and shutters. We are very excited with the results. Our architects' research and analysis came up with a design to specifically create visual interest through breaking up the facades of each individual unit through the use of colors, "bump outs," and other features, whereby each homeowner's unit has articulation and features that are specific to their home. 1 EQUAL HOUSING OPPORTUNITY Blueridge Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - BRO COVER 2319-Blueridge-CZ-Base-02052015 EQUAL HOUSING OPPORTUNITY STOR. 2 CAR GARAGE 17' -9" x 20' -2" First Floor Side Entry Option STOR. UP 2 CAR GARAGE 17' -9" x 20' -2" FOYER First Floor End Unit First Floor y _o Ceiling STOR. 2 CAR GARAGE 17' -9" x 20' -2" First Floor Interior Unit Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- FL1 -N -L 2319 - Blueridge -CZ- Base - 02052015 TANDEM GARAGE 13' -8" x 18' -8" EQUAL HOUSING OPPORTUNITY FOYER 0 Flex Option OPT. BOOT BENCH OPT. DROP ZONE FLEX 13' -8" x 11' -0" Flex 2 w/ Powder Room 4 Option First Floor Options Bath 4 w/ Shower Option Bedroom 4 w/ Bath 4 Option 9' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- OP10 -N L 2319 -B l ueri dge -CZ- Base -02 052 015 EQUAL HOUSING OPPORTUNITY • • 2 CAR GARAGE Deck dption First Floor Options 9' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- 0P11-N -L 2319 -B l ueri dge -CZ -Base- 02 052 015 EQUAL HOUSING OPPORTUNITY ©PT.; BAST; I L J PPC 5' -4" x 6' -0" Second Floor End Unit PP C 5' -4" x 6' -0" DN UP KITCHEN r 7° OPT. IISLAN9 0 L � DINING 15' -1" x 10' -11" GATHERING ROOM 15' -7" x 14' -7" NTRY OPT BASO I CARJ 0 v PR 0 co Second Floor 8'_0" Ceiling Second Floor Interior Unit Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6 -FL2 -N L 2319 - Blueridge -CZ- Base - 02052015 EQUAL HOUSING OPPORTUNITY DINING DINING / \ L GATHERING ROOM Traditional Fireplace Option Modern Fireplace Option DINING GATHERING ROOM I See Through Traditional Fireplace Option GATHERING ROOM Second Floor Options DINING GATHERING ROOM OPT. CABS. See Through Modern Fireplace Option 8' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG- 3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- 0P20 -N -L 2319 - Blueridge -CZ- Base - 02052015 Cabinet Island Cabinet Island Island Option Built -In Kitchen Option Designer Style Option Option EQUAL HOUSING OPPORTUNITY Butler Pantry Option DINING H O L_ _J \ I Beverage Center Option Second Floor Options v DECK KITCHEN r ° � L =� Deck Option 8' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- 0P21 -N -L 2319 -B l ue ri dge- CZ -Base- 02 052 015 EQUAL HOUSING OPPORTUNITY r OWNER'S SUI 12' -7" x 13' -8" OPT. TRAY CLG. BEDROOM 2 10' -2" x 10' -0" E DN Third Floor End Unit OWNER'S BATH BEDROOM 2 10' -2" x 10' -0" BATH 2 BEDROOM 3 10' -5" x 10' -7" Third Floor Third Floor Interior Unit 8' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6 -FL3 -N L 2319 - Blueridge -CZ- Base - 02052015 OWNER'S SUITE 2 13' -11" x 12' -5" OPT. TRAY CLG. EQUAL HOUSING OPPORTUNITY Owner's Suite 2 Option Bath 2 w/ Shower Option Owner's Bath 2 w/ Shower Option Third Floor Options OWNER'S SUITE 11'-11" x 13' -8" OPT. TRAY CLG. OWNER'S BATH • SEAT 0 1111111b1 RAM Owner's Bath 1 Option 8'-0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG-3-2319-Blueridge-CZ-Base-BROC.dwg - 6- 0P30 -N -L 2319 - Blueridge -CZ- Base - 02052015 Owner's Bath Shower Option EQUAL HOUSING OPPORTUNITY Sliding Barn Door Option Stacked Laundry Center Option Third Floor Options 11 Stairs at Loft Option 8'-0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG-3-2319-Blueridge-CZ-Base-BROC.dwg - 6-0P31-N-L 2319-Blueridge-CZ-Base-02052015 EQUAL HOUSING OPPORTUNITY DN 7' -1" x 5' -11" LOFT 13' -10" x 18' -2" Loft Floor End Unit Option Loft Option Plan Loft Option L- 8' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- 0P32 -N -L 2319 - Blueridge -CZ- Base - 02052015 L EQUAL HOUSING OPPORTUNITY ROOF TERRACE 1 Terrace Option DN 7' -1" x 5' -11" BEDROOM 5 13' -10" x 1Z-10" — t ROOF TERRACE Sliding Glass Door at � Terrace Option S Bedroom 5 Option Bath 3 w/ Shower Option Loft Options 8' -0" Ceiling Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. Copyright © 2015 Pulte Homes, Inc. TCG -3- 2319 - Blueridge -CZ- Base - BROC.dwg - 6- 0P33 -N -L 2319 - Blueridge -CZ- Base - 02052015 COBBLESTONE LAKE 7THADDITION APPLE VALLEY PLANNING COMMISSION PRESENTATION MAY 6, 2015 COBBLESTONE LAKE 7THADDITION Request For: 1.Comprehensive Plan Amendment re-designating a portion of a 3-acre site from “P” (Parks/Open Space) to “MD” (Medium Density Residential/6-12 units per acre). 2.Rezoning from “A” (Agricultural) to “PD-703/zone 9” (Planned Development). 3.Subdivision of 3.7 acres into 37 multi-family lots and one (1) common lot; and dedication of right-of-way for Dodd Boulevard and Eagle Bay Drive. 4.Site plan/building permit authorization to allow for the construction of 37 townhomes. LOCATION MAP DODD BLVD. CORTLAND APPLE VALLEY SITE EAST PARK 155TH STREET WEST EAGLE BAY DRIVE COBBLESTONE LAKE DODD BLVD COMP PLAN MAP LD DODD BLVD DUNBAR AVE P SITE EAGLE BAY DR EARLY BIRD CIR LD EAGLEWOOD LN ECHO RIDGE RD “MD” (Medium Density Residential) and “P” (Park) ZONING MAP R-3 R-3 R-3 M-6 A P SITE 3 3 PD-703 2 “A” (Agricultural) EXISTING CONDITIONS PRELIMINARY PLAT GRADING PLAN ADD RIGHT-TURN LANES ADD SIDEWALK UTILITY PLAN LANDSCAPE PLAN LANDSCAPE PLAN BUILDING ELEVATION BUILDING ELEVATION BUILDING ELEVATION BUILDING ELEVATION BUILDING ELEVATION 1 PROJECT NAME: Schesso /Hine Fence Variance PROJECT DESCRIPTION Troy Schesso and Kim Hine, 14334 Embry Path, request a variance to the maximum height of a fence from 3.5' to 6' within a 17' sight triangle where a rear yard abuts a neighbor's side yard. This variance would allow the fence to be 6' tall along the side and rear lot lines. STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: Troy Schesso and Kim Hine, Owners PROJECT NUMBER: PC 15 -14 -V APPLICATION DATE: 60 DAYS: 120 DAYS: March 23, 2015 May 21, 2015 July 21, 2015 . *gig.** f city of Apple t�A ITEM: PLANNING COMMISSION MEETING DATE: May 6, 2015 SECTION: Land Use /Action Items Proposed Action Staff is recommending approval of the variance with the following findings and conditions: • The variance is recommended for approval based upon the following findings: 1. The proposed fence is outside of a 30' sight triangle from the neighbor's driveway. As a result, the visibility from the neighbor's driveway at 14322 Ebony Lane will not be impacted by a 6' tall privacy fence. 2. The owners have four mature evergreen trees on the northeast comer of their property. A variance from the fence height regulations would allow them to preserve one of the trees. • Recommend approval of a variance allowing the maximum height of a fence to increase from 3.5' to 6' within a 17' sight triangle where a rear yard abuts a neighbor's side yard, subject to compliance with all City Codes and the following conditions: 1. The property owner shall construct the fence in a manner that allows a minimum clear access of 3'around the private utility pedestal boxes located on the northeast corner of the property. 2. The property owner shall install a minimum of one new tree to replace any removed trees. Project Summary /Issues Troy Schesso and Kim Hine, 14334 Embry Path, request a variance to the maximum height of a fence from 3.5' to 6' within a 17' triangle where a rear yard abuts a neighbor's side yard, based upon the fact that allowing for a 6' tall fence will not impact the neighbor's visibility and is a reasonable use of the property. In addition, the variance will allow the petitioners to preserve one of four mature evergreen trees on the northeast corner of the property adjacent to Ebony Lane. The owners have two alternatives available to avoid the variance: the first would be to simply reduce the height of the fence and make it 3.5' tall within the 17' triangle. The petitioners state that the fencing is for a dog and that the shorter fence is not an option for them. The second alternative would be to angle the fence so that the 17' sight triangle remains open. The owners state that angling the fence would require the removal of four mature evergreen trees located in the northeast comer of their property. They state that the variance would allow them to preserve one of the existing mature trees, and because the neighbor's visibility is not impacted, it's a reasonable use of the property. The primary concern the City has regarding fence heights in the 17' sight triangle is ensuring the neighbors have adequate visibility to safely exit their driveway. However, depending on the location of the driveway, visibility may not be restricted. Brooklyn Park's sight triangle ordinance simply requires that a 30' sight triangle be provided next to a driveway. If there is adequate visibility, the neighbor is not restricted in fence height. In the Schesso /Hine case, the increased fence height variance would not impact the neighbor's driveway visibility, as the neighbor's driveway is 51' from the proposed fence location. The existing 20'+ trees are a larger obstruction than a 6' tall fence would be. The neighbors have submitted a letter in support of the requested variance. Two private utility pedestal boxes are located on the northeast corner of the property. Private utility companies have the right to remove any structures in the drainage and utility easement and would not be required to repair or replace the structure. Budget Impact None. Attachment(s) 1. Location Map 2. Zoning Map 3. Fence Location Hand Out 4. Lot Surveys Subject & Neighbor Lots 5. Aerial Photo 6. Brooklyn Park Code Excerpt 7. Street Views 8. Photos — Fence Alternatives 9. Neighbor Letter Property Location: 14334 Embry Path' Legal Description: Lot 9, Block 2, PILOT KNOB ESTATES 1 ADDITION Comprehensive Plan Designation LD -Low Density Residential (0 -6 units /acre) Zoning Classification R -3 Single Family 11,000 s.f. Existing Platting Platted lot. Current Land Use Single family residential. Size: 13,659 sq. ft. (0.31 acres) Topography: Flat Existing Vegetation Urban landscape. Other Significant Natural Features Three of four existing significant trees will be removed in order to install the 6' tall privacy fence and a future driveway. The Natural Resources Management Ordinance requires replacement of removed trees if the removed trees equal 10% or more of the total tree inches on the site. Adjacent Properties /Land Uses NORTH 14322 Ebony Lane Comprehensive Plan LD -Low Density Residential (0 -6 units /acre) Zoning/Land Use R -3 Single Family 11,000 s.f. SOUTH 14331 & 14335 Embry Path (Twin Home) Comprehensive Plan LD -Low Density Residential (0 -6 units /acre) Zoning/Land Use R -5 Two Family 15,000 s.f. EAST 14344 Embry Path Comprehensive Plan LD -Low Density Residential (0 -6 units /acre) Zoning/Land Use R -3 Single Family 11,000 s.f. WEST 14322 Embry Path Comprehensive Plan LD -Low Density Residential (0 -6 units /acre) Zoning/Land Use R -3 Single Family 11,000 s.f. Existing Conditions Schesso /Hine Fence Variance PROJECT REVIEW Definition of "Practical difficulties ": • The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; • The plight of the applicant is due to circumstances unique to the property not created by the applicant; and • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties'. In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. The granting of the proposed variance will not be contrary to the intent of this chapter; 3. The special conditions or circumstances do not result from the actions of the owner /applicant; 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. m 0 m 0 EAST 1 VALLEY PLAZA 141st 0 J L.11 w w co U 4 ST W WAY EMBER WAY 19 w Q P ATH ST W ESSEX TR 140th 144th m 0) 140TH ST W 142nd lNg TW 145th ST W G « ( 0 0 0 w PATH I SITE EMERY C T 0 a 0 /- 0 Lj W DUNBAR CT Q C- 7 0 z 0 0 144th ST W DUBLIN Delaney Park DULCI z Erickson 0 L Tintah Park DR St ISD 196 ADMIN OFFICES DA K01 VALLE LEARNI CENTE --4424E)-ST W Fence Location — Rear Yard to Side Yard CORNER t,OT (A) ADJACENT LOT § 155.351 FENCES; PERMITS AND LOCATION. 8' AREA AREA CURB LINE 31/2° AREA 4 • AREA (D) Residential district fences. In all areas of the city zoned residential and not a farm, no boundary line fence shall be erected or maintained more than 3%2 feet in height except that: (4) Fences along a rear property line which constitutes the side lot line of an abutting lot shall not exceed eight feet in height and shall not exceed 3% feet in height within a triangular area described as follows: beginning at the intersection of the common rear/side lot line and the abutting lot's front lot line; thence 17 feet along the common rear /side lot line; thence diagonally to a point 17 feet from the point of beginning along the side street lot line; thence to the point of beginning. NEIGHBOR ,I F ._ 17' tt • t- =7. pt .a" *4 LOB :.EVt A rG F t (Leer wo o t t*14 , D ' %r _Got, t4T Y, 1%14 1 4 ra+CrrIk. . ,.. ‘. / 1 3 3 # L�r s i; 4 N an •N .fJ f. (.i in 1 ;: � � j 1 1, 4 iv I Lot Survey — Subject Lot and Neighbor Lot 14334 Embry Path and 14322 Ebony Lane 17' Triangle Area MO 0.114 4k4 3d 0 DE MC** 1110.4 MOMU ME,M1 CU OD fa 1 tiA CA CD CO 0 0 co ZZ' W Q Brooklyn Park § 152.223 CLEAR VIEW TRIANGLES. (B) Driveways. No fence may be erected inside a 30 foot clear view triangle between a public right-of-way and an access driveway. (Ord. 2000-936) Street Curb Line Driveways 1 A fence may not be constructed inside the 30-foot clear I view triangle between a public right-of-way and an access driveway. [City Ord. Sec. 152.223 (B)] 50 ft Property Line Corner LOT A 50 ft 30 ft LOT B wi Driveway House A Property Line Right-of-Way Street Curb Line House B 30 ft Example: Corner Lot and Access Driveway Street Views (Google) 1430 atm Lo „ _ • ' . 4tik Existing Fence Ebony Lane Existing Fence Ebony Lane 14322 Ebonyl.ri .?:‘i FENCE ALTERNATIVES "Stepped Down" fence (fence height reduced to 3.5' in front yard) "Clipped Corner" fence (fence angled out of the 17' sight triangle) March 20, 2015 the Owner Borders the property of 14334 Embry Path, Apple Valley MN 55124 support and have no issues with the Owners Troy Schesso and Lisa Hine putting in a 6 foot fence in the City restricted area of our adjoining properties. If you have any questions regarding this you can reach me at v Ai who resides at ste SCHESSO/HINE FENCE VARIANCE Planning Commission Meeting May 6, 2015 Request Variance to increase privacy fence • height from 3.5’ to 6’ within the 17’ triangle where a fence is located along a rear property line which constitutes the side lot line of an abutting lot at 14334 Embry Path, by Troy Schesso and Lisa Hine. Location –14334 Embry Path Zoning Ordinance: Fence Location §155.351 FENCES; PERMITS AND LOCATION. (D) Residential district fences.. . . (4) Fences along a rear property line which constitutes the side lot line of an abutting lot. . . shall not exceed 3½ feet in height within a triangular area described as follows: beginning at the intersection of the common rear/side lot line and the abutting lot’s front lot line; thence 17 feet along the common rear/side lot line; thence diagonally to a point 17 feet from the point of beginning along the side street lot line; thence to the point of beginning. Fence Height Restriction When rear yard abuts a side yard, maximum fence height 3.5’ within 17’ triangle. Lot Survey 17’ Site Triangle Proposed 6’ Privacy Fence Existing 6’ Privacy Fence Oblique View SITE Alternatives “Angled” Fence “Stepped-Down” Fence Street Views 30’ Sight Triangle Definition of “Practical Difficulties”  Theapplicantproposestousethepropertyina reasonablemannernotpermittedbythezoning provisionsofthecode;  Theplightoftheapplicantisduetocircumstances uniquetothepropertynotcreatedbytheapplicant;and  Thevariance,ifgranted,willnotaltertheessential characterofthelocality.  Economicconsiderationsalonedonotconstitutepractical difficulties. Findings for a Variance 1.Specialconditionsapplytothestructureorlandinquestionthatare particulartothepropertyanddonotapplygenerallytootherlandor structuresinthedistrictorvicinityinwhichthelandislocated; 2.Thegrantingoftheproposedvariancewillnotbecontrarytothe intentofthischapter; 3.Thespecialconditionsorcircumstancesdonotresultfromthe actionsoftheowner/applicant; 4.Thegrantingofthevariancewillnotmerelyserveasaconvenience totheapplicant,butisnecessarytoalleviatepracticaldifficultiesin complyingwiththezoningprovisionsofthisCode;and 5.Thevariancerequestedistheminimumvariancenecessaryto alleviatethepracticaldifficulty. Recommendation –Proposed Findings Findings: 1.The proposed fence is outside of the 30’ sight triangle from the neighbor’s driveway. As a result, the visibility from the neighbor’s driveway at 14322 Ebony Lane will not be impacted by a 6’ tall privacy fence. 2.The owners have four mature evergreen trees on the northeast corner of the property. A variance would allow them to preserve one of the trees. Recommendation Action To Recommend Approval: Recommend approval of a variance allowing the • maximum height of a fence to increase from 3.5’ to 6’ within a 17’ triangle where a rear yard abuts a neighbor’s side yard, subject to compliance with all City Codes and the following conditions: 1.Thepropertyownershallconstructthefenceinamanner thatallowsaminimumclearaccessof3’aroundtheprivate utilitypedestalboxeslocatedonthenortheastcornerofthe property. 2.Thepropertyownershallinstallaminimumofonenewtree toreplaceanyremovedtrees. Questions? PROJECT NAME: 13980 -82 Holyoke Path Garage and Driveway Variance Request PROJECT DESCRIPTION Request for a variance to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single- family dwelling, located 13980 -82 Holyoke Path. STAFF CONTACT: Thomas Lovelace, City Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: Eriksmoen Cottages PROJECT NUMBER: PC 15 -21 -V APPLICATION DATE: 60 DAYS: 120 DAYS: April 23, 2015 June 21, 2015 August 20, 2015 ••• •••• ••••• •••• ••• city of Apple ITEM: 6B PLANNING COMMISSION MEETING DATE: May 6, 2015 SECTION: Land Use /Action Items Proposed Action If the Planning Commission concurs, staff is recommending that the variance request to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single - family dwelling, located 13980 -82 Holyoke Path be denied based upon the following findings: 1. Special conditions do not apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located. 2. The special conditions or circumstances are the result of the actions of the owner /applicant; and 3. The granting of the variance will serve as a convenience to the applicant, and is not necessary to alleviate any practical difficulties as defined the zoning ordinance. Project Summary /Issues A building permit has been issued that will allow for the conversion of an existing two - family home into a single - family home at 13980 -82 Holyoke Path. The purpose of the conversion is to allow the structure to operate as a day -care home that will be operated by Eriksmoen Cottages, Ltd., a company that provides in home foster care. More specifically, the operator will provide services to individuals transitioning from institutional and supported living to independent living they may or may not have physical disabilities as well as the need for independent living skills. Their program allows each individual private space in which they can get used to their independence and communal space where they can work on skills with support from the company's team members who will be present 24/7. The subject property is currently occupied by a twin -home on a one -acre lot. The property is currently zoned "R -5" (Two- Family Residential), which allows for two - family dwelling and any permitted, conditional or accessory use in the "R ", single family districts, as listed in §§ 155.051 through 155.053. This includes one - family detached dwellings and community -based family -care home, day -care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state. The conversion of this structure to a single - family dwelling would be allowed by zoning, provided that the newly created single - family residential dwelling have only one attached garage and one driveway approach/driveway. Therefore, conversion of this building would require the removal of one of the driveways and the approach as well as alterations to one of the attached garages that would render it unusable for storage of passenger vehicles. The applicant would like to keep both garages and driveways /approaches and has requested approval of a variance to do so. Their reasons are to "minimize the impact our program may have on the neighborhood in which it resides" and "maximize the access to natural community supports and resources of our participants ". I have attached their e -mail, which goes into further detail on their reasons for the variance. Variances may be granted from the strict application of the provisions of this chapter, and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter. Practical difficulties, as used in connection with the granting of a variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. In considering a request for a variance and whether the applicant established that there are practical difficulties in complying with provisions set forth in the city code, the Planning Commission and City Council shall consider the following factors: 1. Special conditions apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. The granting of the proposed variance will not be contrary to the intent of the zoning chapter of the city code; 3. The special conditions or circumstances do not result from the actions of the owner /applicant; 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. With regard to the applicant meeting these factors. The conversion of the two -home residence for the purpose of conducting a 24 -hour care result from actions created by the applicant and it does not appear that granting the variance is necessary to alleviate a "practical difficulty" since there are not unique features to the property that would render the use of the property in a "reasonable manner ". Budget Impact None Attachments Applicant's e -mail Location Map Comprehensive Land Use Map Zoning Map Aerial Photos Street Image Lovelace, Tom From: ron eriksmoen <ron @eclmn.com> Sent: Friday, May 01, 2015 9:51 AM To: Lovelace, Tom Subject: Holyoke Variance Hi Tom, Thank you for the phone call this morning, I will attempt to address your question regarding the purpose of the variance request to keep 2nd driveway and garage space on a single family residence located at 13980 Holyoke Ave. There are two goals that we hope to accomplish with any of our programs: 1. Minimize the impact our program may have on the neighborhood in which it resides. 2. Maximize the access to natural community supports and resources of our participants. Traffic and parking are commonly the most talked about impacts in the neighborhoods of our programs, keeping an additional garage and driveway would allow us to minimize the use of any on street parking while still maintaining easy access to community resources and transportation services for our participants. We make every effort to "fit in" to the neighborhoods in which our programs are located and although the removal of the overhead garage door on one of the garages would not impact our program in the least I am concerned about the aesthetics of making that change. Not only would this change stand out in the neighborhood but it may also have the negative impact of segregating our participants from their community neighbors and supports due to the "oh you live in that home..." factor. I appreciate your consideration of this variance and if I can be of any further assistance or answer any additional questions please don't hesitate to contact me. Sincerely, Ron Eriksmoen Healthcare Resources Group & Eriksmoen Cottages Ltd 14573 Grand Ave Burnsville MN 55306 Office: (952) 432 -4020 x201 Cell: (952) 484 -9499 Fax: (952) 431 -5978 Email: ron @eclmn.com The contents of this email message and any attachments are confidential and are intended solely for addressee. The information may also be legally privileged. This transmission is sent in trust, for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction or dissemination of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notes the sender by reply email and delete this message and its attachments, if any. 1 13980 -82 HOLYOKE PATH VARIANCE REQUEST LOCATION MAP :Kt. Apple Valle '�1� 1' rAl t 4 112 -AO --rti �� r g ;,) r/4 rte.. En Tali 7.J1,1,11 m n 13980-82 HOLYOKE PATH VARIANCE REQUEST APPLE VALLEY PLANNING COMMISSION PRESENTATION MAY 6, 2015 13980-82 HOLYOKE PATH VARIANCE REQUEST Requestfor: Avariancethatwouldallowthepropertyowner havetwoattachedgaragesanddrivewaysaspart ofaconversionofatwo-familyhomeinasingle- familydwelling. LOCATION MAP 140TH ST W SITE HOLYOKE CT HOLYOKE PATH GARDEN VIEW DR RIMROCK DR HEYWOOD PATH COMPREHENSIVE PLAN MAP 137TH CT HERALD WAY GARDEN VIEW DR HEYWOOD CT LOWER 138TH CT 140TH ST W 139TH CT HOLYOKE CT SITE HOLYOKE PATH HEYWOOD PATH REFLECTION RD RIMROCK DR “LD” (Low Density Residential) ZONING MAP 137TH ST W 140TH ST W 138TH ST W 137TH CT GARDEN VIEW DR HOLYOKE CT HOLYOKE LN SITE HOLYOKE PATH HEYWOOD PATH REFLECTION RD Lake Alimagnet RIMROCK DR “R-5” (Two-Family Residential) CERTIFICATE OF SURVEY AERIAL PHOTO AERIAL PHOTO STREET VIEW CITY CODE EXCERPTS §155.053 PERMITTED ACCESSORY USES. Within any R-1, R-2 and R-3 district, no accessory structures or use of land shall be permitted, except for one or more of the following uses or uses deemed similar by the City Council: (A)Private parking space and garage, one attached and one detached; §155.378 OFF-STREET PARKING; DESIGN AND MAINTENANCE. (M) Number of driveway approaches in residential districts. Only one driveway approach will be allowed from a single-family residential lot to the same street, except that two driveway approaches to the same street may be allowed when the lot frontage on that street is at least 120 feet. Lots having frontage on more than one street will be allowed driveway approaches consistent with the standards in this chapter. ZONING CODE EXCERPTS The City may grant variances from the strict application of the provisions of this chapter, and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter.PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality.Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. CONDITIONS OF APPROVAL Special conditions apply to the structures or land in question • that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; The granting of the proposed variance will not be contrary to • the intent of this chapter; The special conditions or circumstances do not result from • the actions of the owner/applicant; The granting of the variance will not merely serve as a • convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and The variance requested is the minimum variance necessary • to alleviate the practical difficulty. STAFF RECOMMENDATION The variance request to allow for the retention of a second attached garage and driveway as part of a conversion of a twin-home into a single-family dwelling, located 13980-82 Holyoke Path be denied based upon the following findings: 1.Special conditions do not apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2.The special conditions or circumstances are the result of the actions of the owner/applicant; and 3.The granting of the variance will serve as a convenience to the applicant, and is not necessary to alleviate any practical difficulties as defined in the zoning ordinance.