HomeMy WebLinkAbout08/02/2023 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
August 2, 2023
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
7:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve Minutes of J une 21, 2023 Regular Meeting
4.Public Hearings
A.Eagle Pointe 2nd Addition - PC23-22-SF
C onsider subdivision by preliminary plat and site plan review/building
permit authorization to subdivide the second phase of the Eagle Pointe
development consisting of 11 villa lots and 19 townhome lots for a total of
30 dwelling units on the 10.3-acre site.
LO C AT IO N: Northwest corner of Garden View Drive and 140th Street
West
PET IT IO N ER: Eagle Pointe, LLC.
5.Land Use / Action Items
A.N E Corner of Gossamer Way and 138th St. W. Setback Variance
LO C AT IO N: Lot 5, Block 7 T he Oaks of Apple Valley II (N E Corner of
Gossamer Way and 138th St. W.
PET IT IO N ER: RHB Advantage
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, August 16, 2023 - 7:00 p.m.
Planning Commission - Wednesday, September 6, 2023 - 7:00 p.m.
C ity Council - T hursday, August 10, 2023 - 7:00 p.m.
C ity Council - T hursday, August 24, 2023 - 7:00 p.m.
7.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able C hannel
180 and on the C ity's website at www.applevalleymn.gov
I T E M: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A ugust 2, 2023
S E C T I O N:Consent A genda
Description:
A pprove Minutes of J une 21, 2023 Regular Meeting
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of regular meeting of J une 21, 2023.
S UM M ARY:
T he minutes of the last regular Planning Commission meeting is attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
June 21, 2023
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz
at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, David Schindler, Phil Mahowald, Becky
Sandahl and Jeff Prewitt
Member(s) Absent: Keith Diekmann
City staff members attending: City Planner Kathy Bodmer, Planner Alex Sharpe, Community
Development Director Tim Benetti, Assistant City Engineer Evan
Acosta, City Attorney Sharon Hills, and Department Assistant
Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Kurtz asked if there were any changes to the agenda. – None.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan,
approving the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of June 7, 2023
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler,
approving the minutes of June 7, 2023. Roll call vote: Ayes - 6 – Nays – 0.
4. PUBLIC HEARING
No public hearings.
5. LAND USE
A. Higher Ground Daycare
Planner Sharpe provided a brief presentation.
Chair Kurtz asked for additional detail on the proposed rain garden.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 21, 2023
Page 2 of 3
Planner Sharpe stated that they are a low spot in the ground with drought tolerant plants
where water pools. The City does have a rain garden program where residents can receive
a grant to install a rain garden. These gardens can treat stormwater before reaching the
street.
Commissioner Mahowald asked if the traffic becomes a problem, is there a way this can
be adjusted in the future?
Assistant City Engineer Evan Acosta stated that the streetlight timing would be deferred
to Dakota County as it is a county road. No mitigation is needed at this time.
Planner Sharpe stated that he spoke with Jardin on the traffic concerns and stated that the
last user into an area is not responsible for traffic mitigation.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
recommend approval of a conditional use permit for a daycare facility at 14605
Glazier Ave., subject to conditions in the draft resolution. Roll call vote: Ayes – 6
– Nays – 0.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
recommend approval of a site plan and building permit authorization for a 755 sq.
ft. addition at 14605 Glazier Ave., subject to conditions in the draft resolution.
Roll call vote: Ayes – 6 – Nays – 0.
B. Hersi Window Well Variance
Planner Bodmer provided a brief presentation.
Commissioner Prewitt asked if there would be well covers over the wells.
Planner Bodmer referred to the applicant.
The applicant, Brad Carlson (USA Builders Corp.), provided a brief summary of the
project. Mr. Carlson stated that the covers are plastic and are designed so that a child
would be able to lift them in the event of a fire. They are meant to mainly keep debris and
water out of the well.
Commissioner Mahowald asked if there have been other variances granted similar to this
one.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 21, 2023
Page 3 of 3
Planner Bodmer stated there have been other variances granted similar to this
one. The fact that the home is 6’ from the property line is helpful as the smallest
the Building Official will allow is 3’.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
recommend approval of a variance to reduce the side yard setback from 5’ to 3’ to
install two egress window wells on the east side of the subject home based upon
findings 1-5 in the staff report. Roll call vote: Ayes – 6 – Nays – 0.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, July 19, 2023,
7:00 p.m. The next City Council meeting is Thursday, July 13, 2023, 7:00 p.m.
7. ADJOURNMENT
Chair Kurtz asked for a motion to adjourn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
adjourn the meeting at 7:27 p.m. Roll call vote: Ayes – 6 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 8/2/2023 . Jodi Kurtz, Chair
I T E M: 4.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A ugust 2, 2023
S E C T I O N:P ublic Hearings
Description:
E agle Pointe 2nd Addition - P C23-22-S F
S taff Contact:
K athy Bodmer, A I C P, City Planner
Department / Division:
Community Development Department
Applicant:
E agle Pointe, L L C
P roject Number:
P C23-22-S F
Applicant Date: 7/5/2023 60 Days: 9/3/2023 120 Days: 11/2/2023
AC T I O N RE Q UE S T E D:
1. Open public hearing, receiv e comments, close public hearing.
It is the policy of the Planning C ommission to not take action on an item on the
same night as its public hearing.
S UM M ARY:
Eagle Pointe, LLC , (Brandl Anderson Homes) requests subdivision by preliminary plat of
Eagle Pointe Apple Valley 2nd Addition, a 10.3-acre parcel generally located on the
northwest corner of Garden View Drive and 140th Street West. T he preliminary plat
approved August 12, 2021, for the 10.3-acre area of Eagle Pointe Apple Valley, contained 27
total units, consisting of 11 villas and 16 townhome units. T he property owner requests
consideration of a new subdivision that would add a 3-unit building on the southeast corner of
the site, increasing the total number of units in phase two from 27 to 30. No other changes to
the approved site design are proposed.
During the review and design of the preliminary plat of Eagle Pointe subdivision in 2021, the
final configuration of the stormwater ponding areas along with utility locations was still being
completed to serve the 2nd phase. T he developer sought to move forward with the first phase
of the development with the lots that were outside of the ponding areas and unlikely to be
impacted by the pond design and utility locations. Once the design of the storm water
facilities and utilities was finished, the final determination was completed for the needed
ponding capacity, which allowed the petitioner to advance an updated plan adding a 3-unit
building while accommodating the needed stormwater management.
B AC K G RO UND:
2040 C omprehensive Plan: T he property was redesignated to "LD F" (Low Density Flex)
residential on December 22, 2020, which allows for a range of housing types with a density
of between three (3) and eight (8) units per acre, subject to the following:
Only one-family or two-family buildings may be constructed on parcels abutting
existing single- or two-family dwellings.
Maximum building height is two stories or 35'.
Densities may be increased in areas not directly abutting single-family and two-family
dwellings, provided the overall density does not exceed eight (8) units/acre.
To allow for more efficient use of property and to protect natural resources, reduced lot
sizes, flexible building setbacks and reduced roadway width will be considered as part
of a "PD" (Planned Development) zoning designation.
Zoning: T he property is zoned "LD F" (Low Density Flex Residential), consistent with the
2040 C omprehensive Guide Plan. T he LD F zone allows a variety of residential units
including single family, two family, and detached and attached townhomes with a maximum
density of eight (8) units per acre. T he purpose of the zoning district is to provide a transition
in housing density and styles between low density single-family and multiple-family areas by
allowing a mix of housing types within the district.
Preliminary Plat: T he preliminary plat layout is consistent with the previously approved
preliminary plat; the proposed second addition preliminary plat contains a mix of detached
villa townhomes and attached 2-story townhomes. No change is proposed to the number of
villa units. T he number of villa units will remain at 11. T he petitioner requests to increase the
number of townhome units by three to allow one additional 3-unit townhome building,
increasing the number of units from 16 previously to 19 proposed. In total the number of
units would increase from 27 to 30 for phase two and from 77 total units to 80 total units for
the overall Eagle Pointe Apple Valley subdivision.
T he density of the development is proposed to be increased from 4.0 units/acre with 77 total
units to 4.2 units/acre with 80 total units. T he density range for the LD F zoning district is 3
to 8 units/acre, so the requested addition is well within the density requirement.
T he City Engineer states that Lot 26 needs to provide adequate room for the C ity to access a
storm sewer pipe. A minimum clearance of 20' will be needed between the two buildings
(Lots 26 and 27). T he petitioners show an angled drainage and utility easement.
Site Plan: No change is proposed to the approved site plan aside from the additional 3-unit
townhome. T he updated site plan will need to address two issues: Additional visitor parking
spaces will be needed to account for the new units. T here are currently 12 available, but 15
stalls are now needed. T he length of the visitor parking stalls need to be extended from 18'
to 18.5' to meet code requirements.
Utilities: No change is proposed to the approved utility plans. T he existing utility layout is
sufficient to serve an additional 3-unit building. See Engineering memo for additional
comments.
Grading: Reviewed by the Assistant C ity Engineer. No significant outstanding issues. See
Engineering memo for additional comments.
Landscaping: T he value of the landscape plant material is required to meet or exceed 2.5%
of the value of the construction of the buildings. A nursery bid list will be required prior to
construction of the first building in the development to confirm the requirement is met.
Exterior Elevations: T he exterior of the villas and townhomes is proposed to be a mixture of
LP Smart Side siding products: lap siding, vertical board and batten siding, and shakes are all
shown on the front elevations. LP Smart Siding is an engineered wood composite siding made
up of treated wood strands combined with a resin binder for strength and durability. T he
front elevation is further enhanced with the addition of a cultured stone knee wall.
Street Classification/Access/C irculation: No change to the street design is requested. T he
two primary roadways abutting the development are classified in the 2040 Comprehensive
Plan as Major C ollector streets. Garden View D rive is a 4-lane Major Collector with 80'
wide right-of-way. 140th Street West is also a 4-lane Major C ollector with right-of-way
ranging between 80' to over 110' wide. T he development is served by an internal private
street accessed off of 140th St. W., managed and maintained by the homeowners'
associations.
Pedestrian Access : N o changes to the approved pedestrian circulation plan is proposed.
Trail will be installed along 140th Street West as part of the first phase of the development.
Trail currently serves the west side of Garden View D rive. An internal private path is
proposed along the east side of the pipeline easement that will connect Hollybrook Way on
the north with Hollybrook Circle on the south side of the development.
Parks/Recreation Issues: No new recreational issues identified. T he development is
approximately 1,000' from Sunset Park, a neighborhood park. T he first phase of the Eagle
Pointe Apple Valley development dedicated cash-in-lieu of land for the park dedication
requirement. T he new preliminary plat adds three units which would increase the number of
residents who are expected to seek park and recreation opportunities in the City.
Public Safety: No changes to the site are proposed that would impact public safety.
Signs: No sign approvals are given at this time. No signs may be installed until a sign permit
is issued. A separate sign permit must be obtained prior to the installation of any signs on the
site or the building.
Public Hearing Comments: To be taken.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Memo
Plan S et
Map
Plan S et
CITY OF
MEMO
Public Works
TO: Kathy Bodmer, AICP, Planner
FROM: Evan Acosta, Assistant City Engineer
DATE: July 28, 2023
SUBJECT: Eagle Point Second Addition Preliminary Plan Review per plans dated
5/19/2023
General
1. All work and infrastructure within public easements or right of way shall be to City
standards.
2. Provide a narrative of how the buildings will be constructed and any impacts. The
narrative shall include the following:
• Shoring (if applicable)
• Protection of public utilities within existing drainage and utility easements shall
be protected at all times.
• Material Storage.
• Haul routes to and from the site.
• Phasing
3. No construction work shall begin prior to a preconstruction meeting conference with a
Public works and a Building Inspections representative.
4. Public Work Department (952-953-2400) shall be notified a minimum of 48 hours for
any required water main shut downs and/or connections.
5. City of Apple Valley Water Department shall operate all valves on public owned mains and
valves connecting private lines to public owned mains.
6. Benchmarks should identify vertical datum. TNH was used, no MnDOT monumentation.
Permits
7. Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution
Control Agency, Met Council, Department of Labor and any other required permits prior
to construction.
8. Department of Labor and Industry (DOLI) shall review private utilities.
9. A right of way permit will be required for all work within public easements or right of
way.
10. A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences.
Site
11. Width of roadway shall not be less than 28’ measured from face of curb to face of curb in
accordance with City Standard detail plates and Fire Marshall.
12. Include Auto turn drawing for service and emergency vehicles entering and leaving the
site.
13. All retaining walls over 48” from bottom of footing to the top of wall shall be designed and
certified by a structural engineer and submitted to building inspections for final approval.
Retaining walls over 4’ will require a fence above the wall. Provide additional details and/or
specifications for retaining wall block. Retaining walls shall be privately owned and
maintained. Retaining walls are not allowed in drainage and utility easements without an
approved encroachment agreement.
14. Label cul de sac radii on plans.
15. Grading within Northern Natural Gas Easement may require an encroachment agreement.
16. Street grades are shown less than 0.75%.
17. Greenspace should be sloped at 2% minimum
18. Retaining wall along Garden View Drive is close to existing sidewalk (not shown on plans).
Include railing or fencing to protect sidewalk users.
19. A minimum easement width of twice the pipe depth should be provided over utilities. The
storm pipe between lots 26 and 27 will not meet this requirement as shown.
Storm Sewer, Grading. Drainage, and Erosion Control
20. Final Grading Plans shall be reviewed and approved by City Engineer.
• The proposed grading plans are consistent with what was previously reviewed.
21. Final Storm water Management Plan shall be reviewed and approved by City Engineer.
22. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and
approved by City Engineer.
• The proposed storm sewer sheets are consistent with what was previously reviewed.
23. Storm sewer calculations for storm water requirements have been previously reviewed for
compliance with the City’s Stormwater Management Plan.
24. City Ordinance 152.55(B): Maintenance agreement for the proposed storm water
management areas will be required and must be recorded.
25. Sumps will be required in structures within street prior to discharging into ponds
26. Infiltration should be protected with silt fence during site grading and road construction
Sanitary Sewer and Water main
• No Sewer and Water service plan was submitted with the plans dated 5/19/23.
o Watermain and Sanitary Sewer plans prepared by City’s Engineering Consultant.
o Final service locations and depths must be reviewed and approved by the City
Engineer.
Landscape and Natural Resources
• The City encourages native plantings. Several of the proposed perennials and grasses
contain cultivars (cultivated varieties of native plants that do not have the same benefits
to pollinators and birds), indicated by the name x ‘variety’. Native plants would not
contain the variety name in quotes. \
• The applicant must submit a Natural Resources Management Plan (NRMP) for individual
lot construction.
• Wetland permitting and stormwater management was reviewed as part of initial grading
plan for this project. Buffers are required around ponding areas as described in the
existing development agreement.
• No trees will be permitted in public easements or ROW.
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DRAWN BY
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REVISIONS
PLM
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CAD FILE
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PROJECT NO.
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C2.0EAGLE POINTE APPLE VALLEY 2ND ADDITIONAPPLE VALLEY MINNESOTAPRELIMINARY PLATFORJ DAVID MANAGEMENT LLC22 RIVER RIDGE CIRCLE SO8T+ S8ITE 00 B8RNSVILLE MN 2 WEST C.R. 2 S8ITE 00 B8RNSVILLE MN 0P+ONE 2. 0.0 PKDPSWRQ#MUKLQF.FRPPLANNERS ENGINEERS S8RVEYORSZZZ.MUKLQF.FRPJames R. Hill, Inc.Outlot A, EAGLE POINTE APPLE VALLEY, Dakota County, Minnesota
PROPERTY DESCRIPTION
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Floorplans, elevations, hardscape, landscape and lot size are artist’s concepts and are subject to
change without notice. Please consult your New Home Consultant for details. Lic. #BC604388.
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I T E M: 5.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A ugust 2, 2023
S E C T I O N:L and Use / Action I tems
Description:
NE Corner of Gossamer Way and 138th S t. W. S etback Variance
S taff Contact:
A lex Sharpe, A I C P, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
Applicant:
R HB Advantage
P roject Number:
P C23-21-V
Applicant Date: 7/5/2023 60 Days: 9/3/2023 120 Days: 12/2/2023
AC T I O N RE Q UE S T E D:
It is the policy of the Planning C ommission to not take action on an item the evening of its
introduction. However, if the Planning C ommission concurs, a recommend approval of a 10'
street side yard setback variance from a 30' setback to a 20' setback is sought.
S UM M ARY:
T he C ity has received a setback variance application for the vacant lot at the northeast corner
of 138th St. W. and Gossamer Way on Lot 5, Block 7, T he Oaks of Apple Valley II. In 2018,
the property went into tax forfeiture. At that time, staff suggested/recommended any
purchaser of the property seek a 10’ side yard setback variance due to the tight lot
constraints. T he diagram created at that time is included as an attachment.
T he lot is zoned “R-5” (Two Family Residential) which requires a 30’ street side setback and
a 7.5’ interior side yard setback. T he lot is 60’ wide and was platted in 1984 as a duplex lot
prior to Gossamer Way. T he other 60' wide half of this duplex lot became Gossamer Way
when the Valley O aks Estates plat was approved in 2005. If a variance were not granted, a
home would be permitted to be 22.5’ wide. T he standard street side setback for a single-
family home in the “R-3” zoning district is 20' "R-3" is the most prevalent zoning district
within the community at approximately 25% of the total land area in the C ity. As this home
will no longer be a duplex and will be a single-family dwelling, Planning staff has
recommended that the property owner seek a 10’ street side setback variance from Gossamer
Way.
T he practical difficulties for requirements of a variance are included in the background
section of this report. A draft resolution includes draft findings of fact for the C ommission to
review.
B AC K G RO UND:
City ordinance requires that in order for variances to be approved the following practical
difficulties must be found. T hese requirements are set by the state of Minnesota and are
consistent in all communities.
(i ) Special conditions apply to the structures or land in question that are particular to the
property and do not apply generally to other land or structures in the district or vicinity in
which the land is located;
(ii) T he granting of the proposed variance will not be contrary to the intent of this chapter;
(i i i ) T he special conditions or circumstances do not result from the actions of the
owner/applicant;
(iv) T he 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
(v ) T he variance requested is the minimum variance necessary to alleviate the practical
difficulty.
Draft findings of fact are included in a draft resolution for the Planning C ommission to
review, add or remove findings.
Due to grade issues on the property the final site plan may be adjusted to provide an
improved lot configuration with the goal of adding yard space. T he grades of the lot are from
the high point on the north side at 1008' to the low point in the southeast corner at 998'. T his
grade differential creates conflicts between the elevation of the house, steepness of the
driveway, and the size of retaining walls to support a flat pad area. T he additional
considerations of sewer elevation and the desire to create outdoor living area add additional
complexity. T hese considerations do not affect the nature of the variance, but may adjust the
final site plan. A condition of approval has been included that the final site plan be approved
by the C ommunity Development Director or their designee to allow for flexibility with these
often competing considerations.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Survey
Area Map
Elevations
F loor Plan
F loor Plan
F loor Plan
Resolution
Memo
c Pioneer Engineering
Revisions:
1.) 6-29-23 Added house
2.) 7-10-23 Topo lot
3.) 7-18-23 Preliminary certificate
Certificate of Survey for:
2422 Enterprise Drive
Mendota Heights, MN 55120
Ph. : (651) 681-1914
www.pioneereng.comFax: (651) 681-9488
Project # :Folder #:Drawn by:
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
RHB ADVANTAGE
2471 Angell Road
Sunfish Lake, MN 55124
(612) 701-5228
75577567
138TH ST WGOSSAMER WAYThis imagery is copyrighted and licensed by Nearmap US Inc, which retainsownership of the imagery. It is being provided by Dakota County under theterms of that license. Under that license, Dakota County is allowed toprovide access to the “Offline Copy Add-On for Government”, on which thisimage services is based, at 6-inch resolution, six months after the capturedate, provided the user acknowledges that the imagery will be used in theirnormal course of business and must not be resold or distributed for the
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60'134.70134.69Lot 5, Block 7The Oaks of Apple Valley II PID: 017595107050
Build Area Required by CodeSingle-Family Home
Staff Recommended 10' Variance*
Front: 30'Rear: 30'Street Side: 30' - 20' with varianceInterior Side: 7.5'
* Owner must apply and be approved for variance
±
Setbacks:
CITY OF APPLE VALLEY
RESOLUTION NO. 2023 -
A RESOLUTION APPROVING A 10’ SIDE SETBACK VARIANCE
FOR AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has
adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses
throughout the City; and
WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted
by the City Council from the literal provisions of the zoning regulations where unique conditions
exist which do not apply to the area in general; and
WHEREAS, a 10’ side setback variance has been requested by the property owner, RHB
Advantage, and legally described as: Lot 5, Block 7, The Oaks of Apple Valley II (“Property”);
and
WHEREAS, City Code of Ordinances §155.397 requires that Practical Difficulties be
created by the City’s application of the ordinance. Practical Difficulties mean that 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 a variance, if granted, will not alter the essential character of the locality. Economic
considerations do not constitute Practical Difficulties.
WHEREAS, the Apple Valley Planning Commission reviewed the variance request at its
meeting held on DATE, 2023, and recommended approval of the variance request based on the
following findings:
1. The Property is guided for Low Density Residential and Zoned “R-5” (Two
Family) Residential. This zoning district allows for duplex and single-family
dwellings.
2. The “R-5” zoning district requires a 30’ side setback when adjacent to a
right-of-way. All other single family zoning districts require a 20’ side
setback when adjacent to right-of-way.
3. This lot was originally plated in 1981 by The Oaks of Apple Valley II, which
did not anticipate or plan for Gossamer Way to be constructed.
4. The construction of Gossamer Way removed the adjacent 60’ wide lot for
right-of-way, resulting in this lot becoming a corner lot rather than an interior
lot.
5. The lot is 60’ wide with a 30’ setback requirement from the west lot line, and
a 7.5’ setback from the east lot line. The maximum width of the home and
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garage on this property by code is 22.5’. This width does not promote the
character of the neighborhood.
6.Site conditions were not created by the applicant and are not solely
economically driven but result in conditions unique to this property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that a 10’ street side setback variance where 30’ is
required is reduced to 20’ is hereby approved based on the findings stated above, subject to all
applicable City Codes and standards, and the following conditions:
1.If the Building Permit is not paid for and issued within one (1) year of the date
of approval, the variance approval shall lapse.
2.The variance is subject to compliance with the building permit which shall
be obtained prior to construction.
3.Construction shall occur in conformance with the site survey dated July 18,
2023, on file at the City Offices subject to amendments approved by the
Community Development Director or their designee.
4.Site grading shall occur in conformance with a Natural Resources Management
Plan (NRMP) which shall include final grading plan to be submitted for review
and approval by the City Engineer.
5.Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday. Weekend construction shall be limited to 8:00 a.m. to 5:30 p.m.
Saturdays.
6.Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
BE IT FURTHER RESOLVED that issuance of the building permit is subject to a
finding of compliance of the construction plans with the Minnesota State Building Code, as
determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire
Code, as determined by the Apple Valley Fire Marshal.
ADOPTED this DATE, 2023.
Clint Hooppaw, Mayor
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ATTEST:
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy
of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota,
on the day of , 2023 .
Pamela J. Gackstetter, City Clerk
CITY OF
MEMO
Public Works
TO: Alex Sharpe, AICP, Planner
FROM: Evan Acosta, Assistant City Engineer
DATE: July 27, 2023
SUBJECT: Variance Request at 7577 168th Street West
Alex,
Engineering is comfortable supporting the requested variance with the following comments:
1. Any proposed building layout and grading plan are approved by the Community
Development Director or their designee.
I T E M: 6.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A ugust 2, 2023
S E C T I O N:Other Business
Description:
Review of Upcoming S chedule and Other Updates
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Next P lanning Commission Meetings:
Wednesday, August 16 , 2023 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, J uly 19, 2023.
Site plan, variance applications due by 9:00 a.m. on Wednesday, August 2, 2023.
Wednesday, September 6, 2023 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, August 9, 2023.
Site plan, variance applications due by 9:00 a.m. on Wednesday, August 23, 2023.
Next City Council Meetings:
T hursday, August 10 , 2023 - 7:00 p.m.
T hursday, August 24, 2023 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A