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Home My WebLink About08/21/2013City 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. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF JULY 17, 2013 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Apple Valley East Family 2nd Addition — Public hearing to consider amendments to Planned Development Ordinance No. 856 and subdivision of 14.5 acres into 34 single-family lots and one (1) outlot for future commercial/retail uses. (PC13-32-ZSF) LOCATION: Northeast corner of 155th Street West and Pilot Knob Road PETITIONER: South Shore Development, Inc. 6. LAND USE/ACTION ITEMS AUGUST 21, 2013 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 A. Breuer Setback Variance - Consideration of a variance to reduce side yard setback from 10' to 5' to allow for the construction of a 14 x 19' (266 sq. ft.) 3-season porch 5' from the side property line. (PC13-33-V) LOCATION: 14091 Forest Lane PETITIONER: Stephanie and Todd Breuer 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, September 4, 2013 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, August 7, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, August 26, 2013 Wednesday, September 18, 2013 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, August 21, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, September 9, 2013 NEXT CITY COUNCIL MEETINGS Thursday, August 22, 2013 Special Informal Regular Scheduled Meeting Thursday, September 12, 2013 Informal Regular Scheduled Meeting 7:00 P.M. 7:00 P.M. 5:00 P.M. 7:00 P.M. 5:30 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 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JULY 17, 2013 The City of Apple Valley Planning Commission meeting was called to order by Vice-Chair Burke at 7:00 p.m. Members Present: Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, and David Schindler. Members Absent: Tom Melander and Brian Wasserman Staff Present: City Attorney Michael Dougherty, Community Development Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, Assistant City Engineer David Bennett, City Engineer Colin Manson, Public Works Director Todd Blomstrom and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Vice-Chair Burke asked if there were any changes to the agenda. Community Development Director Bruce Nordquist suggested reordering items 5A and 6A and address the land use action item Dalseth accessory building setback variance to be discussed prior to the public hearing for Quarry Ponds. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, approving the agenda as amended. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES JUNE 19, 2013. Vice-Chair Burke asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of June 19, 2013. Ayes - 5 - Nays — 0. 4. CONSENT ITEMS NONE-- 5. LAND USE/ACTION ITEMS A. Dalseth Accessory Building Setback Variance — Consideration of a variance to reduce side yard setback from 20' to 5' for a 24' x 16' accessory building. (PC13-23-V) LOCATION: 4869 Dominica Way PETITIONER: Jennifer and Pascal Dalseth CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 17, 2013 Page 2 of 6 Planner Kathy Bodmer stated that at its June 27, 2013, meeting, the Apple Valley City Council voted to approve a variance reducing the "SH" (Shoreland) setback from the OHWL of Farquar Lake from 75' to 26 for a 24' x 16' (384 sq. ft.) accessory building at 4869 Dominica Way West. The City Council received new information concerning the side yard setback variance at the Council meeting and asked that the Planning Commission review the side yard variance request again in light of the new information. The request by the petitioners was for a variance reducing the 20' side yard setback to locate a 24' x 16' accessory building 5' from the side property line. The accessory structure would be for storage of watercraft and other sporting equipment, 5' from the side property line. The side yard setback in the "R-1" (Single family, 40,000 min. lot) is 20'. The petitioners asked that the City consider the following factors related to the side yard setback variance: Locating the building 5' from the side property line would better screen the building from adjacent property to the west and as viewed from Farquar Lake. There is a grouping of mature trees on the northwest corner of the property and a line of white oak trees along the west property line that would help to screen the building. There is a mature red oak tree and locating the building 5' from the west property line will help avoid impacts to the tree. A terraced garden, located along the west property line, serves as a rain garden which slows drainage to the lake and provides infiltration and filtering of stormwater. Locating the building 20' from the side property line would require removal of a large portion of the established rain garden. Discussion followed. Pascal Dalseth provided additional information. Motion: Commissioner Diekmann moved, second by Commissioner Schindler, recommending approval of a variance reducing the side yard setback for a 24' x 16' accessory building from 20' to 5' at 4869 Dominica Way West, subject to the following conditions: • All established rain gardens would be maintained Distance from the oak tree should be approved by Natural Resources staff • Side trees need to be replaced to provide proper screening • Oak tree if needed would be replaced with something comparable Ayes - 5 - Nays - 0. 6. PUBLIC HEARINGS A. Quarry Ponds — Public hearing to consider rezoning of 46 acres from "SG" (Sand and Gravel) to "PD" (Planned Development) and subdivision of 56 acres into 107 single-family lots and four (4) outlots continued. (PC13-27-ZS) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 17, 2013 Page 3 of 6 LOCATION: North side of CSAH 46 approximately 1/4-mile west of Pilot Knob Road PETITIONER: Arcon Land II, LLC and Fischer Sand and Aggregate, LLP Vice-Chair Burke continued the public hearing from a previous meeting at 7:25 p.m. City Planner Tom Lovelace stated the applicant requested a rezoning of approximately 46 acres of land from "SG" (Sand and Gravel) to "PD" (Planned Development) and the subdivision by plat of 56.64 acres of land into 107 single-family residential lots and four (4) outlots. Subdivision also would include the dedication of right-of-way for local streets to serve the individual lots within the proposed plat; and the right-of- way for Johnny Cake Ridge Road, the south half of 157th Street West, and the north half of CSAH 46 (County State Aid Highway) right-of-way, all of which would abut the development. The project site is located along the north side of CSAH 46, approximately 1/4-mile west of Pilot Knob Road. The applicant submitted a request for an amendment to the 2030 Land Use Map to re-designate the property east of Johnny Cake Ridge Road from "MD" subject property "LD" (Low Density Residential/2-6 units per acre). The Metropolitan Council had reviewed and approved the proposed amendment to the 2030 Land Use Map. The next step is the adoption of the proposed amendment by the City Council. A conditional use permit (C.U.P.) had been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. The proposal would end the ability of Fischer Sand and Aggregate, the current owner, to mine the property and they would need to release the sand and gravel mining C.U.P. on the subject property. He added that 157th Street W. should be extended from the Regatta Development through to Pilot Knob Road. A gap of land, 15-19 feet wide, exists between the proposed development and the Regatta development to the west. Ownership of the gap of land is currently in dispute, which may need to be addressed during the final platting of the subject property. Mr. Lovelace stated Johnny Cake Ridge Road would be extended from CSAH 46 to the northern extent of the plat, identified Outlots A, B, C and D and provided information related to storm water ponding. He reviewed utility and grading plans. Water quality provisions would be identified and incorporated into the reconfiguration of the pond. City Engineer Colin Manson provided additional information regarding ponding and traffic projections on the roadways. Assistant City Engineer Dave Bennett summarized the City's surface water management and how it relates to this development. Scott Johnson, President of Arcon Land, provided additional information and asked for recommendation to move forward to the next City Council meeting. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 17, 2013 Page 4 of 6 Erick Kaardal, Mohrman & Kaardal, P.A., made available information as it pertained to the strip of land currently in dispute. Discussion followed Vice-Chair Burke closed the public hearing at 8:10 p.m. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin recommending approval of the rezoning of the Southwest Quarter of Section 35, with the exception of the southwest 9.88 acres, from "SG" (Sand and Gravel) to "PD" (Planned Development). Ayes - 5 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan recommending City Council direct staff to prepare planned development ordinance that includes permitted, conditional, and accessory uses; and area requirements and special performance standards consistent with the proposed development plans, including but not limited to the following: • Establishing buffer area requirements for lots located directly adjacent CSAH 46, Johnny Cake Ridge Road and 157th Street West. • A landscape plan shall be prepared that provides screening from arterial and collector streets. Ayes - 5 - Nays 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler recommending approval of the QUARRY PONDS preliminary plat, subject to the following: • The plat may be configured to have up to 110 lots and three (3) outlots. • If the development is done in two phases as proposed, the first phase shall include development of Outlots A, B and C; Lots 9 -14, Block 1; lots 15 -20, Block 2; and Lots 1 -17, Block 7 only. • Dedication on the final plat of the necessary right-of -way for 157th Street West. • Dedication a ten foot (10') wide easement for drainage, utility, street, sidewalk, street lights, and tree plantings along the entire perimeter of lots within the plat wherever abutting public road right-of-ways. • Dedication of a five foot (5') wide drainage and utility easement along all common lot lines. • Dedication of one foot (1') wide easements which restrict direct driveway access to Johnny Cake Ridge Road and 157th Street West. • 157th Street West shall be constructed from Pilot Knob Road to its existing roadway section located in the Regatta development within two years after approval of the final plat. • Johnny Cake Ridge Road shall be constructed from Street A to 157th Street West within two years after approval of the final plat. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 17, 2013 Page 5 of 6 7. OTHER BUSINESS minimum lot) • Park dedication shall be satisfied by a cash-in-lieu of land contribution. • Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements within and/or outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. • Installation of left and right turn lanes within the CSAH 46 right-of-way, at the Johnny Cake Ridge Road intersection, in accordance with the City of Apple Valley and Dakota County standards. • Dedication of the storm water ponding areas in the form of easements or land necessary to serve the plat per the approval of the City of Apple Valley Surface Water Management Plan, and subject to availability of land that may be necessary to accommodate surface water storage volume that will satisfy discharge rate requirements into the City of Lakeville. • Drainage and utility easements shall be dedicated based upon the established high water level and emergency overflow elevation as determined by the City Engineer. • Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies, to consist of six foot (6') wide concrete sidewalks along both sides of all residential streets within the plat and eight foot (8') wide bituminous pathways along both sides of Johnny Cake Ridge Road and 157th Street West. • An eight foot (8') bituminous pathway shall be constructed within Outlot C that will extend and connect with the existing pathway in Quarry Point Park. • Dedication of pathway easement and drainage and utility easement over Outlot C. Ayes -5 - Nays - O. A. Hunter Woods Sketch Plan — Review of a sketch plan that proposes rezoning from "R-1" (Single family, 40,000 min lot) to "R-3" (Single family, 11,000 min lot) and preliminary plat to create 13 single family lots, located at 12842 and 12866 Galaxie Avenue, by Hunter Emerson, LLC. Planner Kathy Bodmer provided the sketch plan review of Hunter Woods, a 13-lot single family subdivision. She stated when formal application would be made, the petitioners would be requesting consideration of the following actions: • Rezoning from "R-1" (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000 • Subdivision by preliminary plat to create 13 lots for single family development. She stated the petitioners wish to develop two large rural estate parcels located on the east side of Galaxie Avenue south of the Dahle Oaks development which is immediately south of the MN Zoo. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 17, 2013 Page 6 of 6 The two parcels total approximately 5.6 acres in size after right-of-way is dedicated for Galaxie Avenue. She summarized some of the important issues related to the project: • The properties are heavily wooded, so a tree inventory and tree mitigation plan would be required in connection with the development. • There is a low area on the site which appears to be a wetland. The petitioner has had a preliminary wetland assessment conducted which would need to be evaluated by the City's Natural Resources Management staff to determine whether wetlands are present on the site. If there are wetlands, they would need to be delineated and any potential impacts evaluated. • The site has mature trees, varied topography, and a possible wetland. The City would need to evaluate whether the "R-3 zoning is the most appropriate zoning for the parcels. • Storm ponding and infiltration would need to be evaluated in light of whether or not there is a wetland on the site. If there is a wetland, there would be pretreatment requirements in addition to infiltration requirements. • Sidewalk would be required on one side of the street to connect with the existing sidewalk on the south side of Frost Point Way. The petitioner would be required to dedicate an escrow for the future construction of trail along Galaxie Avenue in accordance with the City's Sidewalk and Trail Policy. Peggy Carlson, Hunter Emerson, LLC, provided additional information. Kurt Manley reviewed the property to the south of the proposed development. Discussion followed. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, August 7, 2013, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice-Chair Burke asked for a motion to adjourn. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:44 p.m. Ayes - 5 - Nays - 0. ectfully Submitted, Murphy, Planning Dep ment ssistant Approved by the Apple Valley Planning Commission on APPLE VALLEY EAST FAMILY 2 ADDITION 5A Agenda Item: Case Number: PC13-32-ZS Staff Reviewer: Thomas Lovelace Applicant: South Shore Development Application Date: July 24 2013 Meeting Date: August 21, 2013 Petition for: Purpose: • Completion of Comprehensive Plan Land Use Map Amendments • Zoning Amendments • Subdivision by Plat For your consideration is a request by South Shore Development for completion of previously proposed amendments to the 2030 Comprehensive Plan Land Use Map, amendments to Planned Development Ordinance No. 856 and the subdivision by plat of approximately 14.5 acres of property located in the northeast comer of 155 Street West and Pilot Knob Road. The applicant is requesting that the City complete the proposed amendments to the Comprehensive Plan Land Use Map, which were submitted to the Metropolitan Council in 2010 as part of previous request for the subject property. The amendments would re-designate the north 9 acres from "MD" (Medium Density Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per acre) and the south 5.5 acres from "MD" to "C" (Commercial). The rezoning request would create "PD-856/zone 2" over the north 9 acres of the existing outlot and amend the existing planned development ordinance by adding uses, area requirements, and performance standards for zone 2. No zoning changes would be expected to the south 5.5 acres (future Outlot A) until a development plan is submitted. This outlot will be reserved for future commercial/retail uses and the uses, area requirements, and performance standards for the future zone will be established at the time of submittal of a development proposal for the property. The final request is for approval of subdivision by plat of the 14.5-acre Outlot A, APPLE VALLEY EAST FAMILY ADDITION into 34 single family lots on approximately 9 acres and a 5.5-acre outlot. Access to the platted lots will be via a public street that will intersect with Embry Path at two locations. Summary of Issues: The site plan shows the creation of 34 single-family residential lots, with lot widths varying from 58 feet to 84 feet and lot areas varying from 7,502 sq. ft. to 16,275 sq. ft. The average lot width will be approximately 65 feet and average lot area will be approximately 8,953 sq. ft. A typical single-family lot in the "R-3" zoning district has a minimum 80-foot lot width and minimum 11,000 sq. ft. lot area. The proposed lot widths and lot areas are a departure from our typical area requirements but are comparable with the requirements in the Cobblestone and Tousignant's Prairie Crossing planned developments located to the south and east of the project site. Recommended Action: The applicant has proposed building setbacks for the development. Because Embry Path is classified as a collector street and is expected to carry a higher volume of traffic, staff would like to see minimum building setback of 20 feet from that street. Staff has no issue with allowing eaves to encroach into the required setback area subject to the condition that it may not encroach into an easement of record. The plat should include drainage and utility easements, a minimum of ten (10) feet wide, which shall abut the street right-of- way and shall be centered on the rear and side lot lines. Access restriction easements along the north side of Outlot A and the east lot lines of Lot 15, Block 1; and Lots 1 and 19, Block 2 shall be provided to restrict vehicular access to Emblem Way and Embry Path. The plan identifies an 8-foot wide bituminous path, located just north of the existing pond that will extend from the existing pathway along the east side of Pilot Knob Road to the sidewalk along the west side of Emblem Way. This pathway is not located in the proposed right-of-way; therefore, a sidewalk/trail easement should be established over that section of pathway to ensure that it will exist in perpetuity. A conservation easement should be placed over berm area along the west side of the lots directly adjacent to Pilot Knob Road to ensure the berm's ongoing retention. The report includes several issues that have been identified by the Assistant City Engineer, which will need to be addressed. Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on an item the night of the public hearing. 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 APPLE VALLEY EAST FAMILY 2 ADDITION PROJECT REVIEW Northeast comer of 155 Street West and Pilot Knob Road Out lot A, APPLE VALLEY EAST FAMILY ADDITION "MD" (Medium Density Residential/6-1 2 units per acre) "PD-849" (Planned Development) Platted as an outlot Vacant 14.5 acres Relatively flat None Storm water pond located in the southwest corner NORTH SOUTH EAST WEST Vacant Existing Conditions Comprehensive Plan Zoning/Land Use Cobblestone Lake Commercial/Target Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use Vacant Comprehensive Plan Development Project Review "lVID" (Medium Density Residential/6-12 units per acre) "M-6" (Multi-Family Residential/6-1 2 units per acre) "C" (Commercial) "PD-703/zone 6" (Planned Development) Apple Valley East Family Townhome Development "MD" (Medium Density Residential/6-12 units per acre) "PD-856" (Planned Development) "MBC" (Mixed Business Campus) Zoning/Land Use "SG" (Sand and Gravel) Comprehensive Plan: The property is currently guided "MD" (Medium Density Residential/6-12 units per acre). Medium Density Residential land uses include townhomes, other attached single-family dwellings, and low-rise apartments and condominiums at densities that range between six to twelve units per acre. This designation fits with the "M-4", "M-5", "M-6" (Multi-Family) and "PD" (Planned Development) zoning districts. In 2010, the applicant submitted a 54-lot residential development proposal that included a request to amend the Land Use Map re-designating the north 9 acres (including street right-of-way) to "LD" (Low Density Residential/2-6 units per acre) and the south 5.5 acres "C" (Commercial). This development proposal and Comp Plan amendments were recommended for approval by the Planning Commission and the City Council authorized submittal of the Land Use Plan amendments to the Met Council. The met Council approved the amendments, but final action by the City Council was never completed because the applicant withdrew their request. The action by the Met Council is still valid with final approval by the City Council being the last step in completing the amendments. The 2030 Comprehensive Plan describes Low Density Residential as areas intended to create, preserve, and maintain the places to live that define the primary character and identity of Apple Valley. A variety of housing types may be built in the "LD" areas including single-family detached dwellings, duplexes, twin homes, townhomes, and other types of low density attached housing that range between three to six units per acre. Most single-family residential neighborhoods are zoned "R-1", "R-2", "R-3", and "R-CL". "R-5", "M-1", "M-2", and "M-3", and "PD" districts are eligible for this land use category provided that the performance standards are met. The Commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off- site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics of development based upon land use criteria and performance standards. These performance standards would include required parking, building setbacks, infiltration areas, site access, and lot coverage, which would be addressed during the review of the development proposal and preparation of planned development ordinance amendments. The Comprehensive Plan provides descriptions of commercial areas to assist in determining appropriate commercial uses in a specific area. It appears from the review of the descriptions in the Plan that this site could accommodate a "Neighborhood Service" commercial area. This area is defined as an area that would accommodate a limited amount of convenience retail such as grocery and drugstores; residential services such as dry cleaning and daycare; and accessory small offices. Performance standards that would be applied to this commercial area would include: • High quality site and architectural design and building materials are expected to be used within this land use category to integrate development into surrounding neighborhoods; • The scale of development is expected to be limited in size to complement adjacent development and designed with a residential character; • Parking and delivery areas should be limited to nonresidential sides of the development to remove off-site impacts of noise and activity; • No uses with drive-up windows shall be allowed if they can't be located and buffered away from residential areas; • Landscaping shall consist of buffering of adjacent residential uses from parking areas and aesthetic treatment of buildings; • Traffic generation from development is based upon neighborhood, as opposed to trips from community or sub regional markets; • Driveway access points to the development shall be directed away from residential homes and only from local streets; • Lighting is limited to parking lot and building illumination designed for customer and employee safety. Building and parking area lighting shall not be allowed during the time the businesses are closed; and • Hours of operation of the use(s) given proximity to residential areas, shall be limited. Livable Communities impact: The proposal will add 34 market-rate single-family dwelling units to the City's existing housing stock, which is consistent with the Livable Communities Act. Zoning: The property is currently designated "PD-849" (Planned Development) the City's zoning map and Planned Development Ordinance Designation No. 856 of the City's code of ordinances regulates the uses, area requirements and performance standards in "PD-849". In all but this case, the ordinance number and zoning map designation are the same. Therefore, as a housekeeping item, staff will be recommending that the designation on the zoning map be change to 856. This planned development zoning district and ordinance was established in 2008-09 as part of the approval of a 45- unit townhome development on five acres of property located on the northeast comer of 155 Street West and Embry 2 Path. Uses, area requirements and performance standards were established for the property on which the townhome development is located. The subject property is what remains of the original 22 acres of property that was subdivided for the before-mentioned townhome development and included in the "PD" zoning district. Since no development proposal was submitted for the remaining property; no uses, area requirements and performance standards were established for the property. Part of this request is to rezone Blocks 1 and 2 of the proposed plat to zone 2 of the existing "PD" and to establish the uses, area requirements and performance standards for the new zone. The proposed amendments would establish minimum lot area, lot width and building setbacks requirements for single-family dwellings consisted with the proposed development. The applicant is proposing the following minimum building setbacks: • 50 feet from the property line adjacent to Pilot Knob Road, • 15 feet from the property line adjacent to Embry Path, • 20 feet from the property line of a local street to the building foundation, • 25 feet from the property line of a local street to the garage door, • 5 feet from the side property line, with eaves allow encroach in the side yard setback area, and • 25 feet from the rear property line. Staff does not have any issues with the setbacks as proposed with one exception. Because Embry Path is a classified as a collector street and is expected to carry a higher volume of traffic when the street is constructed to the CSAH 42 intersection completed, staff would like to see minimum building setback of 20 feet from this street. Staff has no issue with allowing eaves to encroach into the required setback area subject to the condition that the eave may not encroach into an easement of record. Performance standards will likely include such things as reduced roadway and right-of-way widths for public streets, berming and landscaping requirements for lots located adjacent to Pilot Knob Road and yards abutting the vacant property to the north and south of the development site, maximum driveway widths within the road right-of way, and on street parking requirements. Preliminary Plat: The preliminary plat indicates the subdivision of an existing 14.5-acre outlot into 34 single-family lots and one outlot for future commercial development. The residential lots will vary in size from 7,502 sq. ft. to 16,275 sq. ft. Access to the proposed lots will be via a public street that will be constructed on platted road right-of- way (r-o-w) that will have widths of 54 feet and a 28-foot wide driving surface. The Assistant City Engineer has reviewed the street design and layout and is requiring that the horizontal curve in the northwest corner of the development have a minimum radius of 100 feet. The developer has indicated an interest to extend the street to the northerly extent of the plat. This results in a "T-intersection" which would also be acceptable. Discussion on provisions for a turn-around at the end of the resulting dead end stub will be necessary. The preliminary plat identifies a variety of drainage and utility easements to serve the property. The Assistant City Engineer has reviewed the preliminary plat and has the following comments: • A 30 foot wide drainage and utility easement shall be dedicated for the storm sewer between storm manholes 106 and 107. • An easement shall be dedicated for the pedestrian trail that connects to Pilot Knob Road. 9 The roadway easement that exists on the west side of Embry Path near 155 Street shall be shown on the plat. 3 The plat should include drainage and utility easements, a minimum of ten (10) feet wide, which shall abut the street right-of-way and shall be centered on the rear and side lot lines. The preliminary utility plan indicates easements around the perimeter of each lot in accordance with the code. Finally, access restriction easements along the north side of Out lot A and the east lot lines of Lot 15, Block 1; and Lots 1 and 19, Block 2 shall be provided to restrict vehicular access to Emblem Way and Embry Path. The Assistant City Engineer has reviewed the grading plan and has the following comments: 4 Grading Plan: The site is relatively flat with the exception of a small pile of dirt located in the southeast corner and a storm water pond in the southwest comer. The north 9 acres will be mass graded for development, which will include grading for the streets, utilities, and building pads for 20 lookout and 14 rambler style dwelling units. The planned development ordinance requires the installation of an undulated sodded landscaped berm or berms adjacent to any principal or minor arterial streets at a maximum 3:1 slope. This is to provide a screening element and help to soften any adverse impacts from vehicular traffic on a high volume road, such as Pilot Knob Road, a principal arterial that has a current volume of 21,500 vehicle trips per day and is projected to be 35,000 vehicles per day by 2030. The submitted grading plan indicates a berm, approximately six (6) feet high, along the west side of the lots directly adjacent to Pilot Knob Road. This along with the proposed landscaping in the berm area should provide softening or screening of the dwelling units from Pilot Knob Road. A conservation easement should be placed over this berm area to ensure the berm's ongoing retention. A second smaller berm is proposed on the north side of Out lot A. Staff will hold is comment as to whether this berm should be permanent until a commercial development proposal has been submitted for the outlot. The City will likely require some type of screening of the commercial area from the residential area at the time of submittal of a proposal on Outlot A. • The requirements for ponding and infiltration have been satisfied with the existing pond in the southwest comer of the site. • The low openings shall be a minimum of one foot above the EOF and 3' above the HWL of pond EVR- P441. Adjust Block 1 Lot 8 to 939.6 and Block 2 Lot 2 to 939.3. • Additional detail on the height and location of retaining walls on Lots 1, 9, 10 and 18 will be required. Landscape Plan: The applicant is proposing to install 63 trees along the western and southern edge of the residential development and along the north side of the proposed trail located south of Lot 1, Block 1, which should offer some screening from Pilot Knob Road and commercial to the south. As is typical with other single-family residential development in the city, no landscape plan for the individual lots has been submitted. The subdivision code does require, at a minimum, the planting of one (1) tree per lot. That tree shall be placed five to seven feet inside the property line. Availability of Municipal Utilities: All necessary municipal utilities to serve the building are available by means of service connections to existing watermain and sanitary sewer lines located to the east of the site in the Embry Path right-of-way. Storm sewer lines will be installed throughout the site to collect water that will be deposited in the existing storm water in the southwest corner of Outlot A. The Assistant City Engineer has reviewed the utility plan, and has the following comments: • The existing storm sewer line shall be realigned to the south side of the southerly proposed east west street. This will allow for the installation of the sanitary sewer along the center of the road right-of-way. This will allow for more sufficient access for future maintenance. • An alternate to the realignment stated above is to reduce the depth of the easterly lots (17, 18, and 19) along the south street by 10-15 feet. This scenario allows for the storm sewer to be left in its existing location. Sanitary sewer could be installed south of the storm sewer line and water north of the storm sewer line. • Connections to the sanitary sewer and water main on the south east-west street shall be made in Embry Path. Necessary easements covering the utilities shall be provided. The existing stubs into Out lot A shall be used for the commercial property when it develops. Street Classifications/Accesses/Circulation: Access to the proposed lots will be via a public street that will intersect with Embry Path at two locations. The northerly intersection will be aligned with Emblem Way, a private street located on the east side of Embry Path. The southerly intersection of Emblem Way and Embry Path will be approximately 200 feet north of the south intersection of Emblem Way on the east side of Embry Path. The proposed width of Emblem Way will be less than a typical local street, which is 32 feet wide as measured from the inside face of the curb. Therefore, on-street parking will be limited to one side of the street only. Staff will need to work with the developer on siting the driveways and limiting its width at the curb so that adequate on street parking can be provided. Pedestrian Access: Sidewalks, 5 feet wide, are proposed along both sides of Emblem Way, which will intersect with the existing sidewalk along the west of Embry Path. This should provide good pedestrian circulation within the proposed development as well as providing connections to areas north, south, and east of the site. The site plan identifies an 8-foot wide bituminous path, located just north of the existing pond that will extend from the existing pathway along the east side of Pilot Knob Road to the sidewalk along the west side of Emblem Way. This should provide another good north/south connection to and from the site. Since this pathway is not located in the proposed right-of-way, a sidewalk/trail easement should be established over that section of pathway to ensure that it will exist in perpetuity. Recreation Issues: Park dedication requirements are based upon the demand created by the use contained within each subdivision as it relates to the generation of person-residents. The amount of parkland required for each person- resident is based on the need for parkland to achieve the park services standard, which the City has set through historic development. The subdivision code requires that as a condition of subdivision approval, the subdivider shall dedicate a portion to the public of any proposed subdivision for conservation purposes or for public uses such as parks, recreational facilities, trails wetlands, or open space. In lieu of the conveyance of all or a portion of dedicated land for park purposes, the City may require the subdivider to provide a cash payment equal to the fair market value of the land to be dedicated. The City will exercise its option and ask for cash in lieu of land dedication. Signs: No signs are proposed as part of this land development request. A separate signage application will be necessary for any proposed monument sign. Public Hearing Comments: 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. County Review: Because the proposed subdivision is located adjacent to county roads, it is subject to review by the Dakota County Plat Commission. The development plans were reviewed by the Plat Commission at its August 12, 2013, meeting. Attached is a letter from the Commission with their comments. Attachments Plat Commission Letter Location Map Comprehensive Plan Map Zoning Map Title Sheet Exiting Conditions Plan Preliminary Plat Site Plan Preliminary Grading Plan Grading Details 5 Preliminary Utility Plan Preliminary Landscape Plan August 13, 2013 City of Ap |eVa|ley 7100 147 Street Wes Apple Valley, MN 55124 Re: APPLE VALLEY EAST FAMILY 2 ADDITION The Dakot County Plat Commission met on August 12, 2013, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plat is located at the northeast corner of CSAH 31 & 155 Street West, and would create 34 single family residential lots, and one outlot for future commercial development. The existing right-of-way way meets the 100 feet of half right-of-way needs along CSAH 31. Restricted acces is shown along all of CSAH 31. The Plat Commission noted and recommends that the future commercial lot (Out lot A) should have full access to Embry Path. There appears to be one future restricted access along 155th Street Without a full access along Embry Path for the commercial site, future residents to the north utilizing this commercial site would have to meander their way onto CSAH 31 to return to the north. The Plat Commission recommends these type of trips have internal connectivity to avoid using the County Roads when necessary. The Plat Commission has approved the preliminary and final plat and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 31 are 16,100 and are anticipated to be 35,000 ADT by the year 2025. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be ssued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not liniited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission Dakota County Surveyor's Office Western Service Center • 14e55 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 cc: Jacob Fick (Tradition Development Inc) 151 ST ST 1g91§T W 55TH ST APPLE VALLEY EAST FAMILY 2ND ADDITION VP/NW 'kilt,- Alas E, • inormiev 'Tyrrin woman _.iiimicattnitratamarl A " **yr / / 111 'CH' WAY APPLE VALLEY EAST FAMILY 2ND ADDITION OMPREHENSIVE PLAN MAP DESIGNATION "MD" (Medium Density Residential/6-12 u.p.a.) Hrh OBBLE-ST APPLE VALLEY EAST FAMILY 2ND ADDITION map R =937.77 R.93827 R= 938.45 R =839.07• .939.63; R If1 ,1'1 ) II !�.?� KNOB ....,.�.ri.Pl. I O. .� I ,,.�,�. Is..v r 1 �I Y�/ri tiUnv,! R.939.64 R.936:91 R= 939.00 EMORY PATH CS 31 PLOT i<Nf18 R0 r 0 r- / — • ROAD G 7 Q,ti NIAPRNBA 2s9A GOYJNTY _ R- 939.60 R= 939.66 939.70 Rm939.24 .939.63 v .Rag 3 j�o R= 939.51 R =939.1 ..939,51 ®— - — 130 130 DAKOTA CC.)",..;NT`,' ROAD R:OHT OF 'ivIAP NO. 2E39 L 102 266 .. No. 31 i KNOB ROAD) / / / / / / /1 / / //// gzA. 127 718 2 - 7 2'f 80 4 31 ° 0 3 - - 0 o •2 - 1■ - ; I - A 8 1 0 8 8 04‘ ---"---- ----.)-' ..." 0 (.1 r L _ ----- -- ,.4,„,-,1,, ...-- .- i .- .- 1 , ,- L. , ....J ...-- - -:- ,- 6LL 125 4 CO 118 120 125 120 81 80 80 12 PILOT :KNOB ROAD. 5 rs, c; g PILOT KNOB ROAD OlitaIMMILVIOMALLIWSP.....415.1.11101RAKIRIIIIMV.Fah. ....MeammuaranoRlrommirdirdiewwwwwwitrarda.nraraitioararweraommum.wramoz...mambammeanimew •• TO,,,,,411111.11M.,,W115.01110PAPIALTAIIIIWWW11110,010.16.11.1.2.1 i At MA In Mal rarai Z.VMAZg al FIAMCW46111 rar Me V. Z I . • . 6 3 flH 6 ig F P 9 9 I 1 Ap R2 2 qr N: p 1 Ff„ / c, I • 1 -_E,X• 315' - 12 PVC SOR 26 *1-.22X, � • __ Z _.- ......__ ._ ...........•.,..... - 7.. -... �•_^-:.� •• tb '�...- .�TJ°i: �'-�'_ - ..� T.._........_._._ .. ... ,._4�:_°G - a , e�- ..�.�� ei- . • O O fl w- 44 « «—. _184' — 15" RCP CL5 1,0290_ — L__ map 8/22/2013 APPLE VALLEY EAST FAMILY 2 ND ADDITION APPLE VALLEY PLANNING COMMISSION PRESENTATION AUGUST 21, 2013 APPLE VALLEY EAST FAMILY 2 ND ADDITION Request for: 1.Amendmentstothe2030ComprehensivePlanLandUse Mapre-designatingthenorth9acres(includingstreetright- of-way)to“LD”(LowDensityResidential/2-6unitsperacre) andthesouth5.5acres“C”(Commercial). 2.Zoningamendmentsestablishingminimumlotarea,lot widthandbuildingsetbacksrequirementsforsingle-family dwellingsconsistedwiththeproposeddevelopment. 3.SubdivisionbyplatoftheOutlotA,APPLEVALLEYEAST FAMILYADDITIONinto34singlefamilylotsandoneoutlot. 1 8/22/2013 2 8/22/2013 3 8/22/2013 PRELIMINARY PLAT 4 8/22/2013 SITE PLAN GRADING PLAN 5 8/22/2013 UTILITY PLAN LANDSCAPE PLAN 6 8/22/2013 APPLE VALLEY EAST FAMILY 2ADDITION ND ISSUES TheminimumbuildingsetbackfromEmbryPath,acollectorstreet,should • 20feet. Thenecessarydrainageandutilityeasementsshouldbeestablishedas • recommendedbystaff. AconservationeasementshouldbeplacedoverthebermareaalongPilot • KnobRoadtoensuretheberm’songoingretention. Thegradingandutilityissuesidentifiedbystaffshouldbeaddressed. • Staffwillneedtoworkwiththedeveloperonsitingthedrivewaysand • limitingitswidthatthecurbsothatadequateon-streetparkingcanbe provided. Asidewalk/traileasementshouldbeestablishedoverthatsectionof • pathwayfromthedevelopmenttoPilotKnobRoadtoensurethatitwillexist inperpetuity. AccessrestrictioneasementsalongthenorthsideofOutlotAandtheeast • lotlinesofLot15,Block1;andLots1and19,Block2shallbeprovidedto restrictvehicularaccesstoEmblemWayandEmbryPath. 7 Petition for: CITY OF APPLE VALLEY PROJECT SUMMARY BREUER 3-SEASON PORCH VARIANCE Agenda Item: 6A Case Number: PC13-33-V Staff Reviewer: Kathy Bodmer Applicant: Stephanie and Todd Breuer Application Date: July 26, 2013 Meeting Date: August 21, 2013 A request from Stephanie and Todd Breuer for a 5' variance from the 10' side yard setback requirement to replace an existing deck with a 14' x 19' (266 sq. ft.) 3-season porch. The porch would be located 5' from the west side property line at 14091 Forest Lane. Summary of The Breuer property is located within the "R-3" (Single family, 11,000 sq. ft. min. lot) zoning Issues: district which requires a minimum side yard setback of 5' for a deck, but 10' for a porch. The Breuers have a deck that is currently located 5' from the side property line that they would like to replace with a 3-season porch. The Breuers are not able to construct the porch off of the back or north side of the home because it would block access to an egress window. Cutting the porch back 5' to meet the side yard setback requirement results in a 9' wide porch which the petitioner states would be small and narrow and nearly unusable. The deck is currently on the west side of the home and the petitioners state that constructing a roof over it will help to shade the space from the afternoon sun and make it a more useable area. The adjacent property to the west has a garage and family room with a fireplace return on the east side of the home, so no windows are located on the east side of the home. Thus, impacts to the adjacent property are expected to be minimal. Total impervious lot coverage, including the porch, would be 27.6%, well below the maximum allowed of 35%. Findings for a In order to grant a variance, the City considers the following factors to determine whether the Variance: 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. Recommended Staff reviews variance applications based strictly upon the requirements of the state statutes and the Actions: 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. Findings: Staff finds that the porch cannot be constructed on the north side of the home because there is an egress window in that location. A 5' variance would allow an existing deck to be replaced with a porch which will help to make the space more useable for the property owner. A 5' variance would allow for a 14' wide porch which will make the room a more functional size. Lastly, impacts to the adjacent property are expected to be minimal. Thus, staff is recommending approval of the variance with the following motion: Recommend approval of a 5' variance from the 10' side yard setback to construct a 14' x 19' 3-season porch 5' from the side property line at 14091 Forest Lane based upon the practical difficulties that an egress window is located on the rear (north side) of the home, a covered porch will make the space more functional for the property owner, and minimal impacts are expected to adjacent properties, subject to compliance with all City Codes. Attachments: 1. Applicant Letter 2. Location Map 3. Area Map 4. Zoning Map 5. Site Plan Showing Subject & Neighboring Properties 6. Elevation Drawing and Floor Plan 7. Photos 8. Cedar Isle Estates ARC Approval 9. Single Family Setback Chart 10. § 155.333 Required Yards & Open Spaces 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 14091 Forest Lane Lot 13, Block 2 CEDAR ISLE ESTATES 5 `n ADDN LD -Low Density Residential (0 -6 units /acre) R -3 Single Family 11,000 s.f. Platted lot Single family residential. 12,244.32 sq. ft. Flat Urban landscape NA NORTH SOUTH EAST WEST Breuer 3- Season Porch Variance PROJECT REVIEW Lots 2 & 3, Block 2 CEDAR ISLE ESTATES 5 TH ADDN Comprehensive Plan Zoning/Land Use Lots 3 & 4, Block 3 CEDAR ISLE ESTATES 5 TH ADDN Comprehensive Plan Zoning /Land Use Lot 12, Block 2 CEDAR ISLE ESTATES 5 TH ADDN Comprehensive Plan Comprehensive Plan Zoning/Land Use 3 LD -Low Density Residential (0 -6 units /acre R -3 Single Family 11,000 s.f. LD -Low Density Residential (0 -6 units /acre R -3 Single Family 11,000 s.f. LD -Low Density Residential (0 -6 units /acre Zoning /Land. Use R -3 Single Family 11,000 s.f. Lots 14, Block 2 CEDAR ISLE ESTATES 5 TH ADDN LD -Low Density Residential (0 -6 units /acre R -3 Single Family 11,000 s.f. Homeowners: Stephanie & Todd Breuer 14091 Fores Lane Apple Valley PWN55124 952-997-6526 (home) 9S2'454-464G (Stephanie Cell) Property ID: 011658402130 Description: Lot 13 Biock 2 Cedar IsIe Estates 5th addition Contractor: Rich Boumeester 612-369-6592 We want to convert the deck on the west side of our house into a 3 season porch. The windows will be screens only. Because the deck is on the west side ofthe house, it is extremely hot and mostly unusable in the heat of the summer. The sun hitting the west side of the house also heats up the main floor of our home during the summer. We typically need to keep the blinds pulled all day long in the summer to help keep the house cooler. We feel a porch would allow us to use the deck and help keep our home cooler by blocking some of the sun. We have a "practical difficulty" with this project. It is not possible to build this porch on the back side (North) of our home due to an egress window in a lower level basement bedroom. We need to maintain this window for proper access out of that room. If the porch is built over our existing deck, the roof line will be within 10 feet of the property line. This is the reason we need a variance. 1 have included pictures of the back of our home. The railing under the large window is where the egress window is. The pictures of the west side of our home show the current deck and roof line. I have also included the builder's plans and drawings for the porch. We received approval from our neighborhood home owner's association (Cedar IsIe ARC -architectural review committee) to build this porch. We will be using siding, roofing and other materials that are consistent and matching to our current home. I have included a copy of the email from the ARC. We have discussed our plans with our neighbors to the west, Bill and Becky Bowman. They do not have concerns about the porch and roof line being closer than 10 feet to the property line. They are willing to write a letter, if necessary, or they can be contacted at 952-891-3879. ST W . . 4 FIRE STA' _ NO..2_. 140th SON ir 1- 0,---, C..) Sy . -0/ . i o c il w 0 ;, , .,- / — ,, i li ( Si j ' ....._Lu (5! 7 ----- _ -- --. , „,CC! . /// ,Z i ' ---. 7 I < 1-. ' I Scott / — . 1 I Park .......1. .,,, , ,,, , / / 2 ! -?./ ,I _ Y.\ T \ K \ /iv .9: // -.-- 1 4 / i ____. L ....... i , \ \ J 1 i 2 .' \ I \ , ------ \Im"...._.------ (1-1'' \--: ----/ I , 7 4 ' ,41 ttl\ \ 1 9---- -- __--- I>1 0--/ ----,._ \/ ..'C / 42d '''' ,_,.aji i 1 ------- < -- --- >\ r -- - -- \\ UPPER > e -< FLAGSTONE f f' ,, ..., __ _ _ _ ti --_-. ---- -- - ---- I \ i -1' Cli —›— 1 / / \ CT W (.9. / '`C i 1 6 i / CT i i -- --,..-, 4 41 , GALA,N(I. ti j i (1) I i - Ci) 1 / ›- Z ' ! ) , 1 1 ' 0 I w i IX I, Q ..-- il. 1 LL' - Cedar ... ..L.._ ) b l - ,' - - __ ____-, - Isle 1 ----- \\ › . , FRIDLEY WAY '. - -------- \ i Park \ ,, 5- 4 \ 0 I \ , CT V4 .„------- --- N, $ IA Al W . Ii, FREE I \ - 7 ---,---- -\'', , ,----- c t .----------- 0 : ( 7 c -__________. L. r AY : -e- w i IL: FLORA '',,.' "---__ 145th ST Vy ; \.,. ---\ ) -, ' i .- - --- — - --- 146th ST W BREUER 3-SEASON PORCH VARIANCE s LOCATION MAP 1 ----, i › ,EQUNTAIN \ (....) < \ LL 3 \—.) I CENTRAL MAI NTEN FACILITY +._afFELycATcHER LN zi cL Er" i 1 1 i ; 1 :T: Flil,E)ILA_Y,______„-- L.N/ -- ; i / i L) .....// i r / C4 i 1 \-/ ''. '\,_.i Li BREUER 3-SEASON PORCH VARIANCE AREA MAP BREUER 3- SEASON PORCH VARIANCE Tr- . . Certificatu of House Location For McDevitt Homes, Inc. 14044 Fountain Avenue Apple Valley, MN 55124 FOR66'7 LIM/ 'FORES 03-27-9 N 8V Li 9 1 13Gd DELMAR H. SCHWAN; LAND SURVEYORS. INC. R.glitqwed Under Laws of The Stets of Minnow 14750 SOUTH ROBERT TRAIL ROSEMOUNT, MINNESOTA 5: SURVEYOR'S CERTIFICATE Drainage & Utility Easements L T 1 L ci< Rep 19' 3-season por wi 14' x ch Prof0.5CO 20 LAttEI ;n4.7^ Prop Prop Prop Desc: Lot ADDI' plat Also hous4 Delmar 1 Minn 6X/Sf 110,4 ;01 1,41 4 .1;i41"- 91,m — do II !,11W02 - ? la 'aft w xigia 4 a 4 North elevation, egress window access West elevation, existing deck Neighboring property to east, 14105 Forest Lane VII man xv.u. INIC tJ1V. 1 p OV di Stephanie, Thank you. Don Watts RE: Cedar Isle ARC Approval 1 message Don Watts < don atts@gmail.com> To: stephbreuer@gmail.com Resending as I did not send to your attenhion Last Saturday. From: Don Watts [mailto:donwwatts@gmailacom] Sent: Saturday, June 15, 2013 1:59 PM To: 'Hedberg, Ron'; 'Cedar Isle Board (board@cedar s e.org)' Subject: RE: Cedar Isle ARC Approval From: Hedberg, Ron [mailto:rhedberg@ci.apple-valley.mn.us] Sent: Friday, June 14, 2013 2:07 PM To: Cedar Isle • rd (board@cedarisle.org) Subject: Cedar Isle ARC Approval Stephanie Breuer < stephbreuer@gmail.com> rage 1 ot 2 Mon, Jun 17, 2013 at 6:53 PM 1 Thank you for sending your drawing to the Cedar Isle ARC committee and discussing the details of your 3-season porch addition. After discussing the details of your project and that you agreed the exterior materials (Shingles, soffit, fascia and siding) being used will be identical to your existing house the Cedar Isle ARC committee approves your 3-season porch project. If there are changes to the exterior material being used please contact the ARC committee to discuss before continuing your project. Gents, here is an request for an ARC approval, it was postmarked May 29 maybe they have submitted something already, but just in case they didn't they'd appreciate a quick review (since they did go through the effort of asking.) I while be out of town from 6-15 to 6-26, I stopped by the PO Box this noon so everything is up to date as far as today. I'll be sending some other data to you email. http s ://mail googl e. corn/mail/Ai =2&ik ew- 7/23/2013 — ,•••• •••11-' c 0 Cr) 0 kr) kr) 01) 0 Cr) 0 CD 0 Cr) 0 kr) 0 Cr) 0 Cr) 0 0 Cr) 06 N LtD Cr) 0 Cr) 00 Cr) 0 C r) 0 LtD 0 Cr) 0 Cr) 0 Cr) (1) (4) (2) In front yards. In rear yards. ZONING CODE EXCERPT § 155.333 REQUIRED YARDS AND OPEN SPACES. (C) The following shall not be considered as encroachments on yard or setback requirements: Projections. Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bays, gutters and other similar projections, provided they do not extend more than 30 inches into the required setback area and in no instance in the R districts nearer than three feet from a lot line. (a) Uncovered balconies that extend into the required setback area a distance of four feet or less, provided that they are seven feet or more above grade at the foundation line. (b) Patios and decks that extend into the required setback area a distance of eight feet or less, provided that they are 18 inches or less above grade at the building line and have no railing. (c) Ramps constructed for the purpose of providing handicap access which extend into the required setback area a distance of eight feet or less, provided that they are 18 inches or less above grade at the building line with a railing no higher than 36 inches. (3) In side yards. Ramps constructed for the purpose of providing handicap access, terraces, steps, stoops and uncovered patios, porches or decks, none of which extend nearer than five feet to the side lot line. (a) Patios or decks no more than 18 inches above grade at the building line, exclusive of any railing, ramps constructed for the purpose of providing handicap access, breezeways, detached picnic shelters, recreational equipment, constructed landscape features or retaining walls, driveways, steps, stoops and mechanical equipment, provided that none of these extend nearer than five feet to the rear lot line. (b) Attached uncovered balconies or decks higher than 18 inches above building grade may extend up to 12 feet into the required setback area. (5) Allowances. All of the preceding permitted setback encroachments shall not be construed to allow encroachment into an easement of record. 8/22/2013 Breuer 3-Season Porch Variance Apple Valley Planning Commission Meeting August 21, 2013 Requested Actions Variance to reduce side yard setback from 10’ to 5’ to replace an existing deck with a 14’ x 19’ (266 sq. ft.) 3-season porch. 1 8/22/2013 Location Map 14091 Forest Lane Zoning Map “R-3” (Single Family, 11,000 min. lot) 2 8/22/2013 Lot Surveys Practical Difficulties Factors to determine “Practical Difficulties”: Special conditions apply to the structure or land in questionthat • 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 difficultiesin complying with the zoning provisions of this Code; and The variance requested is the minimum variance necessaryto • alleviate the practical difficulty. 3 8/22/2013 Practical Difficulties Definition of “Practical difficulties”: The applicant proposes to use the property in a • reasonable mannernot permitted by the zoning provisions of the code; The plight of the applicant is due to circumstances • unique to the propertynot created by the applicant; and The variance, if granted, will not alter the essential • characterof the locality. Economic considerations alone do not constitute • practical difficulties. North Elevation Egress Window Access 4 8/22/2013 West Elevation –Existing Deck West Elevation –Existing Deck 5 8/22/2013 Neighboring Property Neighboring Home –East Elevation 6 8/22/2013 Findings 1.A porch cannot be constructed on the north side (rear) of the home because there is an egress window in that location. 2.The proposed construction would replace an existing deck on the west side of the home with a covered porch, making the space more functional for the property owners. 3.Minimal impacts are expected to adjacent properties. Questions? 7 8/22/2013 Elevations and Floor Plan Area Map 8