Loading...
HomeMy WebLinkAbout06/05/2013City of Apple Valley This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. PLEASE NOTE THAT THE MEETING FOR J E 5, 2013 IS CANCELLED DUE TO A LACK OF QUORUM. NEXT PLANNING COMMISSION MEETINGS Wednesday, June 19, 2013 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, May 22, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, June 10, 2013 Wednesday, July 17, 2013 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, June 19, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, July 8, 2013 NEXT CITY COUNCIL MEETINGS Thursday, June 13, 2013 Regular Scheduled Meeting Thursday, June 27, 2013 Regular Scheduled Meeting JUNE 5, 2013 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 7:00 P.M. 7:00 P.M. 7:00 P.M. 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. City of Apple Valley 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 May 15, 2013 4. CONSENT ITEMS - -NONE-- 5. PUBLIC HEARINGS - -NONE-- 6. LAND USE/ACTION ITEMS A. Dalseth Accessory Building Setback Variance — Consideration of a 49 variance from the 75' "SH" (Shoreland) setback and a 15' variance from the 20' side yard setback to construct a 24' x 16' (384 sq. ft.) accessory building. (PC13-23-V) LOCATION: 4869 Dominica Way PETITIONER: Jennifer and Pascal Dalseth 7. OTHER BUSINESS Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 8. ADJOURNMENT JUNE 5, 2013 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. A. USAgain Clothing Boxes — Discussion on whether to amend City Code to allow for the placement of clothing recycling bins within the City. B. Review of upcoming schedule and other updates. NEXT PLANNING COMMISSION MEETINGS Wednesday, June 19, 2013 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, May 22, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, June 10, 2013 7:00 P.M. Wednesday, July 17, 2013 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, June 19, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, July 8, 2013 NEXT CITY COUNCIL MEETINGS Thursday, June 13, 2013 Regular Scheduled Meeting Thursday, June 27, 2013 Regular Scheduled Meeting 7:00 P.M. 7:00 P.M. 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. 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. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, and David Schindler. Members Absent: Brian Wasserman Staff Present: City Attorney Michael Klemm, Community Development Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, Assistant City Engineer David Bennett 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 Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MAY 1, 2013. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving the minutes of the meeting of May 1, 2013. Ayes - 5 - Nays — 0. Abstain — 1 (Diekmann). 4. CONSENT ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 15, 2013 A. Andrews Covered Entry Addition Setback Variance — Consideration of a variance from the 30' front yard setback requirement to allow for a covered entry addition to be set back 25.5' from the front property line. (PC13 LOCATION: 12091 Gantry Ct. PETITIONER: Steve Andrews MOTION: Commissioner Burke moved, seconded by Commissioner Diekman, approving a variance of up to 4.5 feet from the required front yard building setback of 30 feet in the "R-3" (Single Family Residential) zoning district to allow for the construction of a 4.5 ft. x 7 ft. covered front entry at 12091 Gantry Court due to the following: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2013 Page 2 of 4 1. The granting of the variance will not alter the general character of the locality. 2. The granting of the variance would be consistent with the comprehensive plan's goals and policies that encourage residents to make improvements to their homes as a way to help update and enhance the city's existing housing stock and livability. Ayes - 6 - Nays - O. 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A. PD-703 Ordinance Amendments — Consideration of proposed planned development ordinance amendments to allow for driveways off streets with raised medians and single-family residential driveway widths greater than 14 feet within the street right-of-way. (PC13-12-Z) LOCATION: Cobblestone Lake Development PETITIONER: City of Apple Valley City Planner Tom Lovelace stated consideration was for a draft of proposed amendments to Planned Development Ordinance No. 703 that would permit a driveway access from 158th Street West, a street with a raised median, to the property located at 15798 Cobblestone Lake Parkway. The proposed amendments would continue to restrict driveway access from structures to streets with raised medians with the exception of the lot located at 15798 Cobblestone Lake Parkway. He stated this amendment was considered because of an existing condition on the property. The single-family lot located at the northeast corner of 158th Street West and Cobblestone Lake Parkway was the former location of a building that was used as a sales office. A parking lot was constructed that had a driveway off both Cobblestone Lake Parkway and 158th Street West. The sales office building was approved as a temporary use with the expectation that it would be converted to a detached garage at the time of construction of a dwelling unit on the lot. The driveway along 158th Street West was expected to be removed after the sales office ceased operations and a dwelling unit was constructed on the property. The location of the sales office/garage had made it a challenge to place a house on the property and make use of the existing accessory structure as a garage without having a driveway off 158th Street West. The amendment would allow the owners of the property to gain the most direct access to an existing structure that was once used as a sales office that would be converted to a detached garage as part of the construction of a single-family dwelling on the lot. The raised median in 158th Street West directly in front of the driveway would remain, which would result in the driveway access being limited to right in/right out movements only. The driveway had been designed to allow vehicles to turnaround on the property, which would discourage vehicles from backing out onto the street. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2013 Page 3 of 4 The original request also included a proposed amendment to maximum driveway width within the right-of-way, for single-family homes, which is currently 14 feet. Staff did not recommend any amendment to this requirement at this time and the item would likely come back in the future once staff had done a review of existing conditions to determine if there is a significant problem with the driveway widths. Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler approving the draft ordinance amendments to Planned Development Ordinance No. 703 to allow for the property located at 15798 Cobblestone Lake Parkway and legally described Lot 5, Block 2, COBBLESTONE LAKE 2 ADDITION to have driveway access from 158th Street West, subject to the following requirements: 1. Only one driveway access to this property shall be permitted. 2. The principal dwelling structure on the property shall front Cobblestone Lake Parkway. 3. Any attached garage to the principal dwelling unit shall be oriented on the property so the door(s) for vehicle access into the garage are facing east or south. 4. The structure existing in the southeast corner on the property as of April 15, 2013 shall be existing on the property on the date a building permit application for the principle dwelling unit is filed with the City and said structure shall remain on the property thereafter and be converted for use as a detached garage. Ayes - 5 - Nays — 1 (Scanlan). B. Dalseth Accessory Building Setback Variance — Consideration of a variance from the 75' shoreland setback to construct 24' x 16' (384 sq. ft.) accessory building with a 245 sq. ft. wrap- around deck 26' from the OHWL of Farquar Lake. (PC13-23-V) LOCATION: 4869 Dominica Way West PETITIONER: Jennifer and Pascal Dalseth Planner Kathy Bodmer presented the request for a variance to construct an accessory structure which would provide storage of watercraft, including a boat, personal watercraft, and other sporting equipment. A wrap-around deck was proposed to be constructed along the north and east sides of the accessory building. While the City Code has no, exception for "water-oriented" structures in the SH district, the State DNR Shoreland Management rules have a provision for them. The subject property abuts Farquar Lake and therefore lies within the "SH" (Shoreland) zoning district. The City's SH zoning district provides that all structures must meet the 75' setback requirement. The one exception is for a DNR permitted boathouse. A DNR permitted boathouse must be located within the DNR regulated portion of the lake (OHWL and lakeward). A boathouse would require a permit from the DNR for work in the beds of protected waters and a conditional use permit from the City. The Dalseth building is not proposed to be constructed within the lake bed, so this exception would not apply. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2013 Page 4 of 4 Shoreland management is the responsibility of local governments and may be more restrictive than the DNR rules. The petitioners request the variance based upon the DNR rules. Because the City rules do not contain an exception for the water-oriented structure, the variance would need to be considered in light of whether the petitioner has met the "practical difficulties" test, not the State Shoreland Management Rules. She stated staff was not prepared to make a recommendation concerning this request and believed the petitioners would need to request a zoning code amendment to allow for the use they are requesting. Staff was seeking feedback from the Planning Commission concerning a potential code amendment and would like the Planning Commission to consider the issues and then provide direction. Discussion followed. Pascal Dalseth provided additional information. 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, June 5, 2013, at 7:00 p.m. He also invited the Commissioners to put on their calendars a workshop for June 13, 2013, from 4:30 to 6:30 p.m. for the Urban Land Institute (ULI) Navigating the New Normal. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann to adjourn the meeting at 7:43 p.m. Ayes - 6 - Nays - 0. Re ectfully Submitted, J Murphy, Planning D artm Assistant Approved by the Apple Valley Planning Commission on Agenda Item: 6A CITY OF APPLE VALLEY PROJECT SUMMARY Dalseth Accessory Building Variance Jennifer and Pascal Dalseth Case Number: PC13-23-V Staff Reviewer: Kathy ii3odmet Applicant: Application Date: April 30, 2013 Meeting Date: June 5, 2013 Petition for: Two variances are requested that would allow the construction of a 24' x 16' (384 sq. ft.) accessory building with a 7' x 23' and 7' x 12' (245 sq. ft.) wrap-around deck at 4869 Dominica Way West: • A 49' variance from the 75' "SH" (Shore land) setback to locate the building 26' from the ordinary high water level of Farquar Lake (899.2' elevation). A 15' variance from the 20' side yard setback to locate the building 5 from the side property line. Summary of The petitioners, Jennifer and Pascal Dalseth, 4869 Dominica Way West, request the variances to Issues: construct an accessory structure for storage of watercraft, including a boat, personal watercraft, and other sporting equipment. In addition, the plans show that a seven foot (7') wrap-around deck would be constructed on the north and east sides of the building. The subject property abuts Farquar Lake and lies within the "SH" (Shoreland) zoning district. The "SH" (Shoreland Overlay) zoning district regulations require a minimum 75' building setback from the ordinary high water level (OHWL) of Farquar Lake. The State of Minnesota DNR Shoreland Management Rules Chapter 6120, the State Administrative Rules upon which the City's SH zoning district is based, contains a provision that allows water-oriented accessory structures, if allowed by local government controls to be located closer than the 75' shoreland setback with several conditions. Shoreland management is the responsibility of local governments and local shoreland management ordinances may be more restrictive than the DNR rules. The City of Apple Valley's SH zoning district is more restrictive than the State rules and does not include an exception for water-oriented accessory buildings for boat and equipment storage. As a result, the Dalseth variances would need to be considered in light of whether the petitioner has met the "practical difficulties" test, not the State Shoreland Management Rules. The size and shape of the property along with the placement and angles of the home limits the potential locations for an accessory building on the property. The location the petitioners selected for the building is a flat area that is part of a tiered landscape area on the west side of the property. Staff is concerned that the side yard variance of 15' to place the building 5' from the side property line will negatively impact the adjacent property owner and is out of character with the neighborhood. DNR Review and Comments: The DNR Hydrologist for Dakota and Scott Counties, Jeffrey Berg, notes that the City's SH zoning district is currently more stringent than the DNR rules and the DNR supports the City's more restrictive requirements. Mr. Berg reviewed the variance request, using the DNR Shoreland Rules for water-oriented accessory buildings as a guide, and found that the request would meet most of the Shoreland Management rules with three exceptions: 1. The wrap-around deck would constitute a second structure and only one water-oriented structure is permitted. 2. The additional deck area causes the accessory building to exceed 400 sq. ft. 3. A boathouse must be used solely for watercraft storage and related boating items, which would not include a deck. 1 Variance In order to grant a variance, the City considers the following factors to determine whether the Considerations: 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. 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. 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 size and shape of the property limits the location where an accessory building could be constructed on the property. However, it will be necessary for the petitioners to make the case that a water-oriented accessory structure will not merely serve as a convenience for the property owner, but is necessary to alleviate a practical difficulty on this property. Recommended If the Planning Commission finds that the petitioners have demonstrated that there are practical Actions: difficulties that would justify the granting of each variance, a motion approving each variance(s) would be needed. The Planning Commission may wish to use the same conditions the DNR uses when it allows water-oriented structures in shoreland areas. With that in mind, staff recommends that only one structure, the accessory building, be allowed in keeping with the DNR conditions and DNR Hydrologist's comments. In addition, staff recommends that the building be set back from the side yard a minimum of 20' in keeping with the requirements of the R-1 zoning district. The Planning Commission should indicate its findings for practical difficulty as part of the motion. 1. The Planning Commission makes the following findings related to this variance request: a. Finding #1: b. Finding #2: 2 Recommended 2. The Planning Commission recommends approval of the following variance(s) to allow Actions the construction of a 24' x 16' (384 sq. ft.) accessory building at 4869 Dominica Way (Cont'd): West, subject compliance with all City Codes and the conditions as listed below: (Staff is recommending that the Planning Commission NOT recommend approval of the 7' x 23' and 7 ' x 12' (245 ' sq. ft.) wrap-around deck.) a. A 49' variance from the 75' "SH" (Shoreland) setback to locate the building 26' from the ordinary high water level of Farquar Lake (899.2' elevation). b. A 15' variance from the 20' side yard setback to locate the building 5' from the side property line. (Staff is recommending that the Planning Commission NOT recommend approval of the side yard setback variance.) Conditions of Variance Approval: The structure shall be limited to 24 x 16' (384 sq. ft.) and shall not include 47 deCk. The structure shall be located to meet the 20' setlpack from the side property line. • The maximum height of the accessory building shall be 10'. • The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the City, assuming summer, leaf-on conditions. • The accessory building shall not be used for human habitation and shall not contain water supply or sewage treatment facilities. • The accessory building shall be used exclusively as a water-oriented accessory storage structure for watercraft storage, including storage of related boating and water-oriented sporting equipment. • The accessory building shall not exceed a maximum width of 20' as measured parallel to the configuration of the shoreline. • Any other accessory structures or facilities which may be allowed by City Code must meet or exceed structure setback standards for the R-1 and SH zoning districts. • The accessory building shall be located completely outside of the 100-year flood elevation easement area. 1 No building permit shall be issued until a certified survey has been filed with the City depicting the 100-year flood elevation drainage & utility easement and the location of the accessory building on the site and its distance from the easement. • The property owners shall stake the boundaries of the 100-year flood elevation easement and maintain the stakes prior to and until construction of the accessory building has been completed. • The accessory building shall be constructed at a minimum elevation that provides a minimum of three feet of free board from the lowest opening of the building to the 100-year flood elevation. 3 Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Development Project Review 4869 Dominica Way West Lot , Block 1, HESLI ADDITION LD-Low Density Residential (0-6 units/acre) R-1 Single Family 40,000 s.f. Platted Lot Single family residential 32,570 sq. ft. (0.75 Acres) Gently sloping rear yard down to lake. Landscaped urban lawn. Property abuts Farquar Lake and is located within the "SH" (Shoreland Overlay) zoning distric NORTH SOUTH EAST WEST PROJECT REVIEW Farquar Lake Comprehensive Plan Zoning/Land Use Lot 6, Block 2, FARQUAR LAKE ADDITION Comprehensive Plan Zoning/Land Use Lot 2, Block 1, HESLI ADDITION Comprehensive Plan Zoning/Land Use Lot 8, Block 1, FARQUAR LAKE ADDITION Comprehensive Plan Zoning/Land Use 4 Water/Pond Lake/Pond LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. Introduction: Jennifer and Pascal Dalseth, 4869 Dominica Way West, request a variance from the 75 foot "SH" (Shoreland) overlay setback to construct a 24' x 16' (384 sq. ft.) accessory building with a 7' x 23' and 7' x 12' (245 sq. ft.) wrap-around deck 26' from the OHWL of Farquar Lake (899.2' elevation). The petitioners wish to construct a "water-oriented" accessory structure which would be used to store watercraft and sporting equipment. SH Zoning District Requirements: The Dalseth property abuts Farquar Lake and is within the "SH" (Shoreland) zoning district. The City's zoning code states that the SH zone is a "zone on zone" district that provides more stringent regulations to provide environmental protection of protected waters. In the SH zoning district, structures must be set back a minimum of 75' from the ordinary high water level (OHWL) of the protected water body; the OHWL of Farquar Lake is the 899.2' elevation. The City's SHI zoning district currently requires all structures to meet the 75' setback requirement. One exception exists in the City Zoning Ordinance which would allow "boathouses" to be constructed only within the protected waters of the lake provided a permit is granted by the DNR and a CUP is issued by the City. The DNR informs the City that these types of permits are no longer issued and as a result this provision no longer applies. No other exceptions are provided for water-oriented accessory structures in the SH district in the Apple Valley Zoning Code. The State of Minnesota DNR Shoreland Management Rules Chapter 6120, the State Administrative rules upon which the City's SH zoning district is based, contains a provision that would allow for water-oriented accessory structures, if allowed by local government controls within the 75' shoreland setback provided several conditions are met. Shoreland management is the responsibility of local governments and local shoreland management ordinances may be more restrictive than the DNR rules. The petitioners request the variance based upon the DNR rules. Because the City Zoning Code does not contain an exception for the water-oriented structure, the variance would need to be considered in light of whether the petitioner has met the "practical difficulties" test. 100-Year Flood Elevation: In addition to the OHWL elevation established by the DNR, the property also contains an easement for the 100-year flood elevation of 901.4' that is established by the City to allow for stormwater storage. Structures must be constructed with a minimum of three feet of "freeboard" to the lowest opening to prevent flooding. In other words, the lowest opening of the building would need to be set at a minimum of 904.4'. Alternative Locations: The size and shape of the property along with the placement and angles of the home limits the potential locations for a water-oriented accessory building on the property. The east corner of the home is located at the minimum 75' setback from the OHWL with the shoreline angling to the northwest more severely than the home. A very small buildable triangular area remains immediately in front of the northwest corner of the home which appears to be able to accommodate only about a 20' x 15' (300 sq. ft.) building. However, the building would need to be constructed immediately adjacent to the home where there are slopes in the back yard. In addition, the shape and location of the building would be inconsistent with the home's architectural character. The home is located 22' from the west property line and 26' from the east property line. With a minimum side yard setback requirement of 20', there is not enough room to construct the building in either side yard. Lastly, constructing a water-oriented accessory structure in the front yard is not an option because it would be out of character with the neighborhood and would not be useful for watercraft storage. Other Detached Buildings on Farquar Lake: Further analysis was done of residential properties abutting the three designated recreational development lakes. A total of 69 residential properties abut the three lakes, including Lake Alimagnet, Long Lake and Farquar Lake. On Farquar Lake, two detached garages are located closer than 75' from the OHWL. A 480 sq. ft. pole garage was built at 4885 Dominica Way West approximately 67' from the OHWL in 1977. An 840 sq. ft. detached garage was constructed at 13000 Pilot Knob Road 62' from the OHWL in 1979. Both detached garages were constructed prior to the enactment of the SH zoning district in 1988 so they would be classified as legal non-conforming uses. The other detached buildings located on parcels adjacent to Farquar Lake all appear to meet the setback requirements. Alimagnet Lake Gazebo: A gazebo on Alimagnet Lake was mentioned at the Planning Commission's May 15, 2013, meeting. The owners of the property at 431 Reflection Road obtained a variance from the City to construct a 218 sq. ft. gazebo 10' from the Lakeshore and 5' from the side property line in 1979, well before the enactment of the SH zoning district regulations in 1988. Neighboring City Shoreland Requirements: The Shoreland Management Ordinances of neighboring communities were reviewed. The City of Burnsville allows one water-oriented accessory structure in its SH zone provided the building is no taller than 10', no larger than 120 sq. ft., and must be set back a minimum of 20' to the OHWL and 10' to the side property line. In Lakeville, water-oriented accessory structures must meet the setbacks of the principal structure. In Bloomington, one water-oriented accessory building no larger than 250 sq. ft. or one utility building no larger than 120 sq. ft. The maximum height for accessory buildings is 12'. Attachments: 1. Petitioner Letter 2. DNR Letter 3. Location Map 4. Zoning Map 5. Lot Survey 6. Site Plan 7. Building Elevations and Floor Plan 8. Survey of 100-Year High Water Elevation 9. Excerpt Chapter 6120 DNR Shoreland Management Rules 5 May 31st, 2013 Community Development Department City of Apple Valley Dear Planning Committee, Practical Difficulties Test: 4869 Dominica Way. Apple Valley, MN 55124 Phone: 952-.4234856 E-Mail: jenri_pascal@yahooscom We would like to request a variance to construct a water accessory structure within the 75 ft setback from the 100-year high water mark. We are also requesting that the structure sit 5 ft from the property line as is typical for an accessory building less than 120 square feet. The following will highlight project details and address how the proposed structure falls within the standards of the three-factor practical difficulties test; the test used to determine if a property owner qualifies for a non- use variance. 1. Owner proposes to use the property in a reasonable manner. The intended use of the structure is to provide additional storage space for a boat/trailer, personal watercraft and other water-oriented sporting equipment. It will occupy an area of 400 square feet and 16 ft will be parallel to the shoreline. The plan meets the guidelines set forth by the DNR's shore land management rules. We also believe that storing these materials in a building is a better alternative to storing the equipment in the back yard or driveway. 2. The landowner's problem is due to circumstances unique to the property not caused by the landowner. The 75-foot setback is the location of our home. The lot is a pie shape getting substantially narrower as you approach the street from the lake. The boathouse would not be able to be placed at the setback because it would then encroach on the 5-foot setback from the property line and obstruct walkways. 3. The variance, if granted, will not alter the essential character of the locality. The structure will not be out of scale, out of place, or otherwise inconsistent with the surrounding area. As the plan has noted, the accessory structure will be respectful of the architecture of our home. The boathouse design and location was a collaboration between the homeowners, a landscape architect, and a residential architect. We wanted to ensure that the building met the following criteria: In summary, the proposed structure and placement will enhance the aesthetic of both our property and the adjacent property with the material, location and architectural thoughtfulness. Thank you for your time and consideration. Have a wonderful day. Sincerely, Jennifer and Pascal Dalseth 2 a. The design of the building looks as if it belongs on the site by using high quality materials that come from the land. b. The structure was placed in the least obtrusive location from our view, the neighbor's and any individual viewing from the lake. We chose this particular location because of the topography of the land. The building will be nestled behind several bushes, 3 large oaks, and several silver maples. The adjacent lot sits much higher and will allow the neighbors to look over the building versus at the building. If it sits 20 feet from the property, all views: lake, neighbors and homeowners will be affected. c. Improve and screen the views from our home to the neighboring property. It will serve as a screen from the adjacent properties aesthetic impact on our property. It is a barrier between the 30- foot RV, garbage and 4 inoperable/abandoned vehicles that sit directly on the property line. Page 2 April 22nd, 2013 Community Development Department City of Apple Valley Dear Planning Committee, Sincerely, Jennifer and Pascal Dalseth „;31111101:::::1 4869 Dominica Way* Apple Valley, MN 55124 Phone: 952-423-4856 E-Mail: jenn_pascalPyahoo.com We would like to place a boathouse within the 75 ft setback from the 100-year high water mark. The following will highlight project details and address how the proposed boathouse meets the DNR's shore land management rules. In addition, the proposed boathouse will enhance the aesthetic of the property, adjacent property and views from the lake. As we enter into this project our goal is to provide additional storage space for a boat, personal watercraft, and other water-oriented sporting equipment. Item 6 of the DNR's shore land management rules state: As an alternative for general development and recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. Our boathouse will occupy an area of 400 sq ft and 16 ft will be parallel to the shoreline. We also have a great respect for the beauty of our property and the lake views. The proposed boathouse's architectural detail will enhance the views from the lake and from neighboring properties. We worked with an architect to develop a plan that is very thoughtful of the site and design. The structure mimics the architecture and materials of our home. The design goal of our home was to create a house that looks like it belongs on the site using high quality materials that come from the land. As you can see from the preliminary design the boathouse also achieves this goal. In summary, the proposed structure will enhance the aesthetic of both our property and the adjacent property with our selection of material, location and architectural thoughtfulness. Thank you for your time and consideration. Bodmer, Ka h From: Sent: To: Cc: Subject: Kathy, Regards, Berg, Jeffrey J. (DNR) <jeffrey.berg@state.mn.us> Wednesday, May 08, 2013 9:18 AM Bodmer, Kathy Jennifer Riley Dalseth (jenn_pascal@yahoo.com) DNR Review of Variance Request If you have question or comments of this review let me know. Jeff Berg Hydrologist DNR Division of Ecological and Water Resources 1200 Warner Road 1 As requested, below are DNR comments regarding the proposed variance for the Dalseth property along Farquar Lake. We understand that the City of Apple Valley does not have a provision for Water Oriented Accessory Structure in your ordinance. Therefore the proposed structure does not meet the 75 feet setback, and a variance is needed. Note that DNR is supportive of more restrictive ordinances that provide additional protection for water resources of the community. With this in mind, we believe the City should evaluate this variance for conformance with the State Shoreland Management Rules (MN Rule 6120). We review this proposal with respect to 'Accessory Structures' within the State Shoreland Management Rules, (6120.3300 Subpart 3 H), and find that this proposal meets these requirements in most respects including,. • The structure setback is greater than 10 feet landward of the OHW of Farquar Lake. • The boathouse dimensions and square feet are substantially compliant with the State Shoreland Rule. It could be argued that the structure width parallel to the shoreline is 24 feet, however the boathouse is 394 square feet, and under the 400 square foot threshold for Recreational Development lakes. • Though it is not noted in the plan, the structure height should be <10 feet in height. The structure appears to include architectural material treatment to reduce visibility as viewed from public waters and adjacent shorelands. This should also include vegetation plantings to mitigate the view of the structure for the water. However the addition of the deck does not comply with the Shoreland Management Standards and should not be allowed for the following reasons. • The additional deck area will exceed 400 square feet of structure. • A deck is also a structure, and only one accessory structure is allowed. • A boathouse must be used solely for watercraft storage & related boating items, which does not include a deck. For any variance, DNR is supportive of requiring mitigation to offset the variance. This could include items such as; buffer plantings, stormwater management features, vegetation screening and others. DALSETH ACCESSORY BUILDING VARIANCE LOCATION MAP a IR , R°0 N r S7 5 57 57 77t a ma ae,a se issapiL ss'oe se 77152 475X7R 5055r 25 a. It IN X 45‘ 357 a ex!as X Si X 7% N 757 X X 7R is RI YR X X X RR 77 X X a a a . , __till R.1 ' . .• DALSETH ACCESSORY BUILDING VARIANCE o Denotes iron monument • Denotees found monument x coax Denotes existing elev. (01 Denotes proposed elev. Eae Denotes existing and proposed Denotes surface drainage 6875 WASHINGTON AVE SO. SUITE 209 1 Edina, MN 55439 Phone:(763) 559-0908 Fax: (763) 559-0479 1 &de: Actor 27. 201 ) ) ) clP( Adjacent House N I ‘N \ 1 David E Crook Benchmark Top Nut Hydrant Elevatiorm.915.57 nan431.36 PDF created with pdfFactory trial version wwwpdffactorvcom 914' L Som Rkm..Mt49 M.40.1-87 33 San. kW. Riam905.88 lav,895.31 (43. // / J/ 7 //- Minn. Reg. No 22414 33 Benchmark Top Nut Hydrant oe Mown Elevation-915.67 Book—Page 433/41 1 hereby certify that this survey, plan or report was prepared by me nie Nc DEMARS—GABRIE'L under , direct supervision and that urn o duly Registered Look 14044 C LAND SURVEYORS, INC. Surveyor under the Laws of the State of Minnesota. MC Scale PREPARED FOR: ONW (09. Contour) Adjacent Garage LEGAL DESCRIPITON: Lot 1, Block 1, HESLI ADDITION AREA: 32,570 SQ. FT. 0.75 ACRES 1 1 1 1 1 1 1 411 u 3 0 X 0 0 4 ;: b a 0 .------- 1 SSLITZZ,S6 xg, i 411 . s.) f__ D , rUN ' /L11/A ' i■-•h J.vm v71rio, k7vs'y 30N3CliSati 1-1,13SIVC1 1 1 ------ I, -Jo _- � 4,,,s eps `4,,,,Lung I 1..41S P4rri 1.3 000Z ltOi iiituirccrititi , iirilitliaii.ir.' (3 e , .... ., ■■•••■■•■■■■• D D D 1 D D D 4 4 _x AI\ cu G,L64,721 G,..L6V71 0 NolionaLsNoo HO S1 ION 00 A1NO ESOdElfIcl M91/01:1 C1NV 0N10018 !dad N9IS3a AZIVNIIA111313c1 4 4 4 \I\ 4 T� - 06'0lZ -___ 3 „W, • 2ii E° m .•_. W � N to L U .-. U a t L z ' N 33 o-o 0,3 1 c to V C `"i N b t1 Z�� w ” to U U � 8 b t aa t Z:41 5 N to N t�11 TS U •— 7p 'Z7 G E Z p N m 7 On @ � t�ia � � � C � • S O ;_,U ? 488 o � � U c p� � cn T as cfl•- m .J U tt3 N O N E � 17 O 99 O4 4 Z 0 1�- 0 w Z U 0 m 0 W Z 1 Z 0 0 0 0 Y L8'CL ieoe:Qaeeuao sonnuenaoul 8 6120.2500 DEFINITIONS. EXCERPT CHAPTER 6120 DEPARTMENT OF NATURAL RESOURCES SHORELAND MANAGEMENT RULES Subp. 2. Boathouse. "Boathouse" means a structure designed and used solely for the stora ge of boats or boating equipmcnt Subp. 20. Water-oriented accessory structure or facility. "Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 6120.3300 ZONING PROVISIONS. Subp. 3. Placement and height of structures and facilities on lots. When more than one setback requirement applies to a site, structures and facilities must be located to meet all setbacks. The placement of structures and other facilities on all lots must be managed by shoreland controls as follows: H. Accessory structures and facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: (1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. (2) The setback of the structure or facility from the ordinary high water level must be at least ten feet. (3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. (4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. (5) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (6) As an alternative for general development and recreational development waterbodies, water- oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (7) Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. - 16. 4 4 picture CITY OF Apple TO: FROM: DATE: SUBJECT: Community Development Department Chairperson and Planning Commission Members Thomas J. Lovelace, City Planner May 31, 2013 Placement of Outdoor Collection Bins in the City CASE NO.: N/A — Planning Commission Discussion Item AGENDA ITEM: 7A MEMO For your review and discussion is a request from USAgain regarding possible changes to the City's zoning code to allow for the placement of recycling collection bins in the City. USAgain is a for profit clothing recycling business that collects unwanted textiles and resells them in the U.S. and abroad. The company will offer a small compensation to business/property owners who allow the bins on their property, which is about 1-2 cents per pound for the clothing. They distribute some of the clothing to secondhand clothing outlets such as thrift stores; some stays in the United States and some are sent overseas. Any non-reusable clothing is recycled into insulation or wiping rags or broken down into reclaimed fiber. The company is headquartered in Chicago with 11 division offices and operates over 10,000 collection bins in 15 states. Back in 2009, an Apple Valley resident approached the City with a request to place one or two USAgain recycling boxes at the Walmart store. At that time staff provided the following information, which remains relevant: • This type of use is neither a permitted, conditional, nor permitted accessory use. • The City does allow for outdoor display in the retail district as a conditional use if it is conducted by the occupant of the property. Because the collection bins would be placed by and owned by some other organization than the occupant of the property, it would not likely meet the requirements set forth in a conditional use permit for an outdoor display. • City does allow for portable storage units as a permissible accessory use if they are temporarily located for construction purposes on the property. It is clear however, that the • City did not intend that all types of portable storage units for any other type of purpose would be a permitted accessory use. • Section 155.375 of the zoning code prohibits open storage of goods in or upon off-street parking areas in commercial districts. Therefore, the placing the boxes within a parking lot of the business would be clearly prohibited. • Section 155.348 (B) of the zoning code requires all exterior storage within any business district to be screened. Therefore, if a collection bin were allowed, it would be considered outdoor storage and would have to be screened. As it was in 2009, the placement of a clothing recycling bin within the city will require an amendment to the zoning code. USAgain has provided a draft ordinance for the City to consider. As background information, staff has included information from USAgain and the minutes from the Planning Commission meeting of April 1, 2009, when the earlier request was discussed. Recommended Action: No official action is needed. The applicant is seeking input from the Planning Commission. Dear Tom Lovelace I thank you for the opportunity to write this letter and to be at your upcoming Planning meeting. Last year USAgain diverted 11 mililon pounds oftextiles Iocally. Recycling is a good thing and currently only 15% of textiles is recycled and 85% goes to landfills. We do about 1 million pounds of textile recycling a month in Minnesota and we are on track to do 14 million pound this year in Minnesota. The textile reclamation industry employs 85 times more workers then landfills on a per ton basis. We would like to continue to create more jobs, increase recycling and provide resource sharing to business, schools and nonprofits in your community. Tina Patton a solid waste planner for the MPCA recently said that in surveys, people who do not recycle say they don't because of a lack of opportunity or because it is inconvenient. Government and industry are constantly working to make recycling more convenient, Patton said, citing an example of the bins shaped like big pop bottles p|aced at gas stations. By Stephanie Hemphill MPR January 7 2013. I realize your first concern is the citizens of Apple Valley and in a 2009 Nielsen survey showed 80% of citizens are concerned about the global environment and over half have changed their daily behavior. Every pound of textiles collected prevents the emissions of 7 pounds of CO2. We would encourage you to not force the citizens to put their textiles into landfihls when there is a free service that does not cost and actually gives back. Apple Valley has a population of 49,084 and every person on average throws away 70 pounds of textiles per year, which equals 3,435,880 pounds going to a landfill every year just from Apple Valley Many things have changed sense 2009, we now have 2400 bins, dedicated customer relations, dedicated government relations, dedicated transportation manager, dedicated route specialist, 24 hour a day answered phones, 24 hour res nsetirneforovenages.TheCityofApp|eVaUeyknovvsoutdoor bins are effective and efficient as they utilize them in their municipal parking lot currently. We are asking to place bins in the same fashion in select locations for textile recycling. | have attached an ordinance we have introduced in hundreds of cities along with our community recycling information. Sincerely Bradley C. Berg Government Relations AN ORDINANCE ESTABLISHING REGULATIONS CONCERNING COLLECTION BINS WHEREAS, the CityNillage of "City/Village" has determined it to be in the best interests of the public health, safety, durability, morals and general welfare of the citizens of the "City/Village" to amend the City Code of Ordinances to establish regulations pertaining to collection bins. Now, Therefore, Be it Ordained by the City Council of the City/Village, pursuant to its powers, as follows: Section 1. The Zoning Ordinance is amended by adding the following language to A rticle/Section : Collection Bins: A receptacle used for the collection of various items for recycling or re-sale including but not limited to the following: clothing, shoes, textiles, books and small household items deposited by the public for redistribution or re-sale. ##.##: Permitted Accessory Uses: a. Collection bins shall be permitted to be located in the commercial Zoning Districts or on properties in residential districts that are occupied by an educational, religious, governmental or charitable use. b. The bins shall only be placed with the permission of the property owner or other person with such authority and on properties that contain an existing and operating permitted or special use. c. Each bin shall not exceed seven (7) feet in height and twenty five (25) square feet in ground area. d. The bins shall be located on a parking lot or other paved surface or adjacent to the building. e. The bins shall not be within 15 feet of the front property line, reduce the width of paved clear space for the passage of pedestrians to less than five (5) feet, be located within five (5) feet of a Fire Department connection, utilize any required parking spaces or disrupt the flow of vehicular or pedestrian traffic. f. The bin shall include language discouraging the placement of items outside of the bin. g. The "Company" name and phone number of the bin's owner and operator shall be posted on the bin. h. The owner and operator of the bin shall maintain and provide proof of $1 Million dollar General Liability insurance policy for each location where a bin is placed or operated. i. Items left outside the bin shall be collected and removed within 24 hour notice provided to the owner and operator of the bin. Failure to do so on three or more occasions in any calendar year may result in penalties as determined by Code Enforcement. Section 2. Prior to the placement of any bin(s) within the City/Village the owner/operator of the collection bin(s) shall submit a letter application to the City/Village providing the following information: a. Company Name, address and contact information for the owner and operator of each bin to be located in the City/Village. b. Address of the property where the bin(s) will be placed. c. Written evidence of permission to place the bin on the property signed by the property owner or other person with such authority. d. Proof of insurance for each location and bin. e. Aerial snapshot of site providing indication of proposed location for collection bin. f. 24-hour contact information in the event of overflows, debris or other issues. nciain } our r \ \ \ < m our : iunicip aIit y } st c According to a 2009 Nielsen survey, 80 percent of citizens are "concerned about the global environment," while over half of respondents claim to have changed theft daily behavior in the past six months to address climate change® By working with USAgain, you can raise your municipality's green profile, provide residents a free, convenient and desired textile recycling service, cut waste disposal costs and create a source of revenue for your municipality, all at NO COST, NO WORK, NO LIABILITY, while receiving our FULL SERVICE. 'Source: http://www.goeblercom/News/Small-Business-Marketit g/Consumers-prefer-green-options, - 5urvey - says - 19304880.htm ai n Consumer Concern About the Global Environment 4- DO- Of the 12.7 million tons of post-consum r textile waste generated in 2009, only 1.9 million tons (15%) were collected for reuse and recyclina. remaining 85% of reusable clothes were trashed and landfilled. The average city pays to discard nearly 3,000 tons of textiles in landfills every year Recent studies in Illinois' and New York show that 1 O% of urban residential waste now consists &textiles. USAgain has been successful in providing free sustainable programs that not only save municipalities money, in fact, we share revenue with our partners. What you do with the revenue is up to you. In 2010 USAgain collerte • 56 million pounds clothes and shoes, thereby reducing munici a waste This is equivalent to taking 50 garbage trucks off the road for one full year. ROBERT I MILLER Highway Commission Algonquin Township, IL 'Source: tiS EPA 2009 Municipal Solid Waste Report 'Source: http://wwwillinoisrecycles.org/pdffiles/ICWCGSReport052209pdf 'Source: hap://www..nytimes.corm/2010//04/12/nyregion/1 2recycle html USAgain operates for people, for planet and for profit. We collect unwanted clothing, shoes and household textiles through conveniently placed collection bins in order to divert them from landfills. Our bins are typically placed in parking tots of shopping centers, city and community recycling centers, schools and churches. Every week we divert 1 million pounds of textiles from landfills. U.Again redistributes the discarded gently-used c othes we collect to places where there is a great need for these items, supporting the local and global economy in the process. About half of our collections are resold in the US. Non-reusable clothes are recycled into insulation, wiping rags, or are broken down to reclaim fiber. By exporting textiles to struggling countries we generate revenue, create green sector jobs here in the US, and help to improve the wen-being of people in America and around the world. USAgain is assisting municipalities and states with regulations and best practices that preserve the long term integrity of the recycling industry. USAgain works to address your concerns about protecting consumers through proper disclosure on the bins and preserving the dean took of your community. -tie aft Witilittl.L As leaders in our industry, USAgain is committed to your total satisfaction as a program partner. What's more, we use innovative practices that make this program No Cost - No Work - No Liability - all while receiving our Reliable Service. We provide these services at NO COST to you: USAgain branded, user-friendly bins in a convenient size of 4'x 4'x 6' USAgain branded fleet of vehicles for service and maintenance USAgain is a 100% employee-based company with professionally trained staff 2417 hotline answered by live operator Fully insured employees and equipment Workers' compensation coverage $1 million in liability coverag $1 million in vehicle coverage $1 million in property damage coverage Each bin is monitored using sophisticated database tools USAgain provides quarterly waste diversion reports and revenue share checks Full service website with personal partner login rtettlero 410 0. mprs„ lori, our 0 The clothing is pressed into half- ton cubes for transport, r , na ASI mrAYA kr 1 Since 1999, USAgain has been providing Americans with clothes collection solutions from coast to coast and enjoys the support of a long list of satisfied municipalities, schools, non-profit organizations and businesses. With our 24-hour service guarantee, you can rest assured that every concern will be addressed promptly and to your satisfaction. USAgain is fully insured and our equipment is the best in the industry — safe, clean, secure and user-friendly. For more information visit us at: www.usagain.comimunicipality Scan this code with your smartphone to learn more. © 2011 USAgain ail rights reserved. 0 Printed on 50% recycled and post-consumer content paper. titIONSINVESISMEN110. USAgain Clothes Collection System Corporate Office 1 555 W Hawthorne Ln #4W, West Chicago, IL 60185 Ofc: 800-604-9533 www.usagain.com info(dusagain.corn mass* - a 0) 0) >s. z 0 L) 0) 0 2 L) ( 0) 0 0 0) 0 0 0 0) 0 0) 0 0 0 0 0 0 0) 0 trt us) E0 ir y 0 0) b 3D Lr, 00 0) 0) O 0 • (I) E v 5 des 4 13 0) 8 , < c 0 0 r°4 0 0 0 LJ r- 0 c 0 N 0 0 Q) r° 4- 0 0 E Mre, 0 0 C 00 E &WM „;. 0) 0 0) 0 L) 0) 0) E 0) 0 a 0 0 0 0 0 0) E cr 0 0) 0) 0) 0) 4 0 0 E uj 0 0 ro N F- ro 0) 0 2 0 5 0 0) 0 ro 0 - 0 0 0 >, _0 r V'y 0 ' 4- 1 Q.) -0 Z0 0 0 0.) C -C 0 0 L) 0 0 0 0 0 (1) 0 0 0 0 E 2 V 0 4a, 2 L E (1) VI 0 0 0) (0 0. Ca. 0 cu 0 0 - 0 0 E 0 c 0 0 0 0 0) L) 0 -73 E E EXCERPT OF MINUTES FROM THE APRIL 1, 2009, PLANNING COMMISSION MEETING B. U'SAGAIN Clothing Boxes — Discussion on whether to amend City Code to allow for the placement of clothing recycling boxes within the City. City Planner Tom Lovelace stated that Mr. Tom Thorne is requesting possible changes to the city's zoning code to allow for the placement of clothes recycling boxes in the city. Mr. Thorne would like to place one or two clothes recycling boxes, which would range in size from 3' x 3' x 7' to 5' x 5' x 9', at the Walmart store. He would install the boxes at the far end of the parking lot in a location that would not have an adverse impact on the flow of traffic. He has indicated that donated clothes would be picked up by a 26-foot wide truck two times per week. He also indicated that participating locations are given two cents per pound for the donated clothing, which in many cases donate the money to nonprofit organizations such as food shelves and animal shelters. Staff asked the City Attorney to review this request and they provided the following opinion. First, they determined that the box is neither a permitted, conditional, nor permitted accessory use. Secondly, the City does allow for outdoor display in the retail district as a conditional use if it is conducted by the occupant of the property. It is expected that the boxes would be placed by and owned by some other organization than the occupant of the property, therefore would not likely meet the requirements set forth in a conditional use permit for an outdoor display. The City does allow for portable storage units as a permissible accessory use if they are temporarily located for construction purposes on the property; however, it is clear that the City did not intend that all types of portable storage units for any other type of purpose would be a permitted accessory use. It is clear that the intent of the ordinance is to allow these temporary units out of necessity for construction activity on the property. Thirdly, Section 155.375 prohibits open storage of goods in or upon off-street parking areas in commercial, districts. Mr. Thome has proposed placing the boxes within the parking lot of the business, which this provision Code clearly prohibits. Lastly, even if the box was permitted, Section 155.348 (B) requires all exterior storage within any business district to be screened. This box is outdoor storage; it would have to be screened. Therefore, before any placement of a clothing box within the city, an amendment to the zoning code would be required. In discussing whether to amend the code, the Commission may want to consider the following: 1. By allowing these boxes, what precedent might be set? Would this provide opportunities for other donation/recycling containers that may not be considered appropriate? 2. Should the use be restricted to certain zoning districts? Mr. Thorne has indicated that he returns two cents of the money earned from a box to the property owner where the box is placed, who in turn donates the money to a nonprofit organization. We may want to consider allowing them only in the institutional zoning district where you would then have a direct financial tie to a nonprofit organization. 3. Should the City consider amending the code to allow for these as a permitted, conditional, or accessory use? 4. If allowed, what types of conditions should be placed on this use, such as location on a lot, maintenance, screening, signage, and removal? Mr. Thome provided photos of locations where boxes are placed in surrounding communities. Staff contacted those communities and inquired how they handle this use. The responses varied from not realizing that they were in their city or are not a concern, to looking into allowing them as a conditional use or issuing an administrative use permit. Lovelace asked for questions or comments from the Planning Commission. Commissioner Melander stated that he doesn't like the idea to rewrite or change the language in the City's zoning codes. There are already at least three different organizations that solicit donations and they will come to your home to pick it up and there also is a Goodwill in town. He stated that he is uncomfortable with it and it seems more trouble than the benefit. Chair Churchill commented that she is quite puzzled about this request for the same reasons that Commissioner Melander just stated. Although there must be some people who are interested in donating, otherwise there wouldn't be a business. Chair Churchill asked the petitioner to explain how his business is working for him. Mr. Tom Thorne, 13789 Fordham Court, stated that the Goodwill store in Hastings is right across the street from Walmart. His company has a national contract with Walmart, to have permission to locate their boxes, if the city allows it. His business does not compete with Goodwill because it is strictly a convenience; no waiting in lines. Every box located generates about 450 lbs. per week. Some locations have one box and some have two and he picks up twice a week from the boxes. His route includes Rosemount, Lakeville, Hastings, Cannon Falls, Rochester and Red Wing and this generates about 20,000 lbs. a week of clothes that would otherwise go in a landfill. The clothes are recycled and most of it goes to third world countries. Mr. Thorne also stated that he would like to locate boxes at eight (8) different locations throughout the city. Each location would have one or two boxes. Walmart would have two because it is such a busy location. A location with an example of one box, would be Andy's Market on 140 and Galaxie. Commissioner Blundetto said he would consider this request if it was controlled and the City was careful with the placement. He also has long-term concerns about these being placed all over the community. Commissioner Blundetto commented that he personally would not want to see one located at Andy's Market. Commissioner Alwin asked Ms. Hills if this would set a precedent to allow other receptacles for aluminum cans, cardboard, etc. Assistant City Attorney Sharon Hills replied that the City would not be regulating what is being put in the boxes, the City would be regulating the container itself. So the issue is whether the City wants to permit a box for drop-off of anything. The City would not be able to regulate for- profit or non-profit. The City also cannot require that the business allowing the box to donate to the City. Commissioner Diekmann commented that the City would need to consider the traffic to and from the container. Also where the boxes would be located and how it needs to be controlled. If the boxes would take up parking space(s), then would the building still be in compliance with the parking requirements. Commissioner Diekmann stated that he isn't against the concept, although it does need to be controlled. Commissioner Blundetto commented that he has never seen these before and it must be something very new. Chair Churchill stated that she hasn't noticed either. She also asked Hills if a church were to do this as a fundraiser on their property, benefiting the church, would the City be looking at the same issues. Hills replied yes; it would be the same issue of outside storage. An outdoor storage container can only be permitted during construction. This box equates to a storage unit. Chair Churchill commented that is probably one of the reasons the Goodwill store does not allow people to drop items off when the store isn't open. Hills replied that is correct. Commissioner Melander said that there is the potential for people to drop off whatever they want; bikes, couches, etc. He also commented that he doesn't see how it could be regulated efficiently. Mr. Thome said that his agreement with the locations states that his company picks up whatever is dropped off regardless of what it is. If the boxes were to be located in Apple Valley, Mr. Thorne stated that he would pick up every Monday and every Friday. The reason for this is that weekends are very busy. Every store manager has Mr. Thorne's cell number and encouraged to call if something is unsightly and needs to be picked up. There are 700 boxes throughout Minneapolis and St. Paul. Commissioner Burke asked if somebody serviced these boxes before Mr. Thorne. Mr. Thorne replied that someone else set up the boxes, although he took over the route. Commissioner Burke asked that at some time in the future will Mr. Thome sell his route. Mr. Thorne replied no. Although the company will always have someone take over the route if that should happen. He assured the Commission that the areas around the boxes will not be a mess. Commissioner Blundetto asked Mr. Thorne what types of items he has found other than clothes. Mr. Thorne answered that there are lots of new clothes with the tags still on, new tools, although 99% of what people drop off is clothes. He stated that he is not against an annual fee permit for each box to ensure the boxes are regulated. Commissioner Burke said that he has seen them in other states while traveling. He is not against the concept if the City regulates the boxes. Chair Churchill said she would like to keep items out of the landfills and is willing to look at a proposed modification to the City ordinance for further study. Commissioner Diekmann commented that it is odd that in a community that pays extra to not take trash cans to the curb because it is unsightly, that we would consider allowing these boxes. He stated he is not against it, although he's not sure it fits with all the other ordinances that the City has. Commissioner Schindler commented that the City would need to have design standards. Chair Churchill said it bears further study. Community Development Director Bruce Nordquist stated that the Planning Department is staff to the Planning Commission and if there is interest it needs further exploration. Chair Churchill told Mr. Thome that the Planning Commission is not rejecting the concept, although it will require further development. Commissioner Diekmann stated that perhaps the City could consider a two year interim use permit that needs to be renewed rather than a conditional use permit. Hills stated that the attorney's office and staff could construct an outline of pros and cons, limitations and issues and provide a detailed outline rather than a draft ordinance for the Planning Commission to consider. Chair Churchill applauds the green approach and this is a reasonable request and it makes good sense. She thanked Mr. Thorne for his time.