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HomeMy WebLinkAboutItem 06.fSeptember 14, 2012 Item No. Proposed Action PERFORMANCE OFFICE PAPERS VARIANCE EXTENSION SEPTEMBER 17, 2012 CITY COUNCIL MEETING Planning Department staff recommends adoption of the following motion: Move to approve a one -year extension for the Performance Office Papers building setback variance to September 21, 2013. Adoption of this motion will provide Performance Office Papers one additional year to complete the building addition for which the setback variance was approved by the City Council on August 4, 2008. Overview Performance Office Papers representatives had requested a three year extension to their building setback variance approved in 2008. The variance allows the construction of a 90,000 square foot addition on the west side of the existing building utilizing the existing building's non - conforming setback from the 215 Street (CR 70) right -of -way line. Company representatives have indicated that the continued economic conditions do not allow them to construct their planned building expansion at this time although no timetable has been submitted as to when construction might begin. One year extensions were previously approved in 2009, 2010 and 2011. The Planning Commission recommended a one year extension consistent with previous extensions and similar to the one year extensions that are approved for preliminary plats. Performance Office Papers was in agreement with this recommendation. The Planning Commission unanimously recommended approval of the one -year variance extension request at their September 6, 2012 meeting. Primary Issues to Consider • What is the implication if the variance extension request is not granted? The variance would become null and void requiring approval of a new variance if the building addition is proposed at a future date. Supporting Information • September 6, 2012 draft Planning Commission meeting minutes • August 28, 2012 planning report Frank Dempsey, AICP, Associate Planner Financial Impact: $ _N /A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 6, 2012 air Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Ha . The pledge of allegiance to the flag was given. Member Present: Linda Maguire, Bob Boerschel, Bart Davis, Gerry Grenz, Karl Drotning, a • Chair Brooks Lillehei Members Absen Paul Reuvers, Ex- officio Shawn Fitzhen Others Present: Da Morey, Planning Director ..Frank Dempsey ,Associate Planner; Zach Johnson, City Eng eer; Daniel Licht, The Planning Company;. Andrea Poehler, Assistant City Attorney; an enny Brevig, Recording Secretary 3. Approval of the Meeting Min es 4. Announcements 5. Consent Agenda The August 16, 2012 Planning C• mission 'meeting minutes were approved as presented. The August 16, 2012 Planning Commissi• work session minutes were approved as presented. :..., ::.,.. Mr. Morey stated that the following items: were distribut at tonight's meeting: a. The September:5 .2 .12; Parks;., Recreation and Natura esources Committee meetirigrrmotions regarding Spirit ofBrandtjen Farm 10 an 1 Additions. b. A: 'showing the trash enclosure for Agenda It 6, McDonalds. E -mails in support cif"-gild opposed to Agenda Item 7, Nordi Square PUD 'amendment. d. Findings of Fact foAgenda 7, Nordic Square PUD amendment. Mr. Morey:;; reminded,_tle Planning Commission of the work session immedi_ ely f Commissioner Drotning requested that Performance Office Papers be removed from the Consent Agenda for discussion. Commissioner Drotning pointed out that the September 6, 2012 Planning Commission Agenda states that Performance Office Papers is requesting a one year extension of Variance No. 2008 -03 and the August 28, 2012 planning report states the applicant is requesting a three year extension. Commissioner Drotning asked Planning Commission Meeting Minutes, September 6, 2012 Page 2 staff if a three year extension on a variance has ever been granted. Mr. Morey indicated that asking for a variance extension is a unique request and that he was not aware of any three year extensions being granted in the past. He stated that extension requests for preliminary plats are typically one year. Russ Defauw, President of Performance Office Papers, confirmed that his letter to the City asked for a three year extension. He stated that he is not opposed to a one year extension if the Planning Commission is hesitant to grant a three year extension. Mr. Defauw indicated that he cannot make any guarantees on the timeframe for their proposed building addition and he requested the three year extension simply because he felt it would be more practical than having to return every year asking for a one year extension. He stated that his business is healthy, adding employees, and they are investing in the' business:';'; He is very optimistic about the future of his b Mr. Morey confirmed that when the applicant decides to build the addition, the site plan (i.e. performance standards) and the'setbacks approved with the Variance must be followed. The Planning Commission agreed they were more comfortable with a one year extension to Variance 2008-03. Motion was made by Maguire and seconded by Davis to recommend to City Council a one year extension of the Performance :Office Papers Variance No 2008- Ayes: Maguire, Boerschel, Lillehei, Davis Grenz, Drotning Nays: 0 6. McDonalds USA;_:; LLC (continued from the August 16, 2012 Planning Comrxiission meeting Chair Lillehei opened.he public hearing to consider the application of McDonalds USA, LLC for a Conditional Use Permit amendment to allow site plan and building modifications for the McStop McDonald's convenience food restaurant, located at 21044 Kenrick Avenue: The Recording Secretary attested that the legal notice had been duly published; in` accordance with State Statutes and City Code. McDonalds project consultant Bill Everson presented an overview of their request. Mr. Everson stated that McDonalds is re- branding with major remodels of their older buildings to include a second drive - through menu order lane as well as updates to the building exterior. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey indicated that McDonalds USA, LLC is requesting a Conditional Use Permit (CUP) amendment to allow site plan and building modifications to the McDonalds Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: August 28, 2012 Subject: Packet Material for the September 4, 2012 Planning Commission Meeting Agenda Item: Performance Office Papers Variance Extension Attachments: August 23, 2012 variance extension request August 15, 2011 variance extension request Approved Variance No. 08 -03 and site plan Item No. City of Lakeville Planning Department Representatives of Performance Office Papers are requesting a fourth extension of the setback variance on which they received City Council approval on August 4, 2008. The approved variance allows the construction of a 90,000 square foot building addition to the west side of the building to match the existing non - conforming setback along the north property line adjacent to 215 Street (CSAH 70). The property is located at 21565 Hamburg Avenue and is zoned I -2, General Industrial District. On June 23, 2009, a one year extension for the variance was approved administratively consistent with the provisions of Section 11 -6 -9 of the Zoning Ordinance. Additional extensions require Planning Commission recommendation and City Council approval. One year extensions have been approved by the City Council on September 7, 2010 and September 19, 2011. Section 11 -6 -9 of the Zoning Ordinance requires that the applicant state facts showing a good faith attempt to complete or utilize the approval permitted by the variance. As with the past three extensions, the applicant has stated that due to the current economic conditions, they wish to preserve their right to utilize the variance if their business plans proceed to the construction of the building addition. The attached August 23, 2012 email from Performance Office Papers requests that the variance extension be approved for three years. Planning Department staff recommends a three year extension for the Performance Office Papers variance to September 21, 2015. Dempsey, Frank From: Joan Krejci <jkrejci @perfpapers.com> Sent: Thursday, August 23, 2012 6:55 AM To: Dempsey, Frank Cc: Russ DeFauw Subject: variance request Hello Frank, Performance Office Papers would ask that the city consider extending the existing variance for 3 years. Please let me know what you need from us to proceed. Thank you, Joan Joan Krejci CFO PEPJOf»AN« OMCE MMO SF1-00725 FCC www.fsc.org FSC CO23783 The Mark of Responsible Forestry 2156.3 I Avenue Lakeville, MN 5.30 IA • 9.52-985-7903 (direct) • 952 -985 -7981 (lax) www.perfpapers.com This email has been scanned by MessageLabs 1 August 15, 2011 Mr. Daryl Morey Planning Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: Performance Office Papers 21565 Hamburg Avenue In 2008, Performance Office Papers requested a variance from the City of Lakeville to allow an expansion of its existing office /manufacturing /warehouse facility located at 21565 Hamburg Avenue. The variance request was approved by the Lakeville City Council on August 4, 2008. We continue to study and revise our business model in today's economy, and we determined that now is not the ideal time to act on the expansion. We do, however, desire to keep the option open. It is our understanding that the variance expired on August 4, 2011, as we had not commenced construction prior to that date. Frank Dempsey called me on August 8, 2011 to inform me that we need to request another extension. We respectfully request a one -year extension, from the August 4, 2011 expiration date, for our variance approval. Should you have any questions, please feel free to contact me at 952- 985 -7903. Respectfully yours, Joan Krejci MICE OFFICE PAPERS 21565 Hamburg Avenue Lakeville, MN 55044 (952) 469 -1400 FAX (952) 469 -5890 An Equal Opportunity Employer 2607305 Council and Zoning Ordinance requirements. Receipt#: 12507 ABSTRACT FEE $46,00 Return to: CITY OF LAKEVILLE 20195 HOLYOKE AVENUE LAKEVILLE, MN 55044 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE 07- 03 3. Conditions. The variance is issued subject to the following conditions: ii rniiui Recorded on: 8/8/2006 09:00:07AM By TMC, Deputy Joel T. Beckman County Recorder Dakota County, MN 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants i a variance to Performance Office Papers for: Q The front yard building setback on property located at 21565 Hamburg Avenue. 2. Property. The variance is for the following described property in the City of Lakeville and is legally described as follows: O O ., O a And also, O That part of Lot 1, Block 1, ACORN TAPPE FIRST ADDITION, lying east of the following _ >' described line: Commencing at the northeast corner of said Lot 1; thence South 89 (.) degrees 18 minutes 21 seconds West, assumed bearing, along the north line of said Lot 1 a distance of 251.61 feet to the beginning of the line to be described: thence South a distance of 634.43 feet to the south line of said Lot 1 and said line there terminating. a) The site shall be developed in compliance with the plans approved by the City Lot 1, Block 3, AIRLAKE INDUSTRIAL PARK 1 ADDITION, Dakota County, Minnesota, according to the recorded plat thereof. b) A minimum of five, two inch caliper ornamental trees shall be installed along the north boundary line as shown on the landscape plan approved by the City Council. A $2,000.00 landscape security shall be submitted to guarantee the installation and maintenance of the trees and seed or sod. c) A minimum of 318 parking spaces shall be available for construction on the subject property. A minimum of 166 parking spaces shall be constructed subject to the administrative approval of a parking deferment of 152 parking spaces. The parking lot shall be striped according to the site plan approved by the City Council. d) Exterior lighting shall be installed consistent with the approved lighting plan. e) The building exterior material shall be identical to the existing exterior building material. The exterior masonry shall remain integrally colored and shall not be painted. f) A building permit shall be issued by the Building Inspections Department prior to beginning work on the building addition. 4. Termination of Variance. The City may revoke the variance following a public hearing under any of the following circumstances: The use as permitted by this variance shall not have been completed or utilized within one year after the date of this variance; or violation of the terms of the variance. 5. Lapse. If within one year from the issuance of this permit the variance has not been completed or the use commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this variance is a criminal misdemeanor. Date: Au3M s4 9 A 00T 2 CITY •ji LAKEVILLE BY: �_� �..:v► /II�i I Mayo ip BY: 1 Its Clerk The following instrument was acknowledged before me this 4 day of August 2008, by Holly Dahl and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. PENNY BREVIG NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31 2010 IVtl ry Public I hereby certify that the foregoing variance is a true and correct copy of the permit presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 4 day of August 2008 as shown by the minutes of said meeting in my possession. Seal DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 Charlene Friedges, C Clerk Ii 0 C• i CIe +: 08%. 01► ±i2 4 \ MTN • 0 x .,15 ; .�: At t.211: 120.4111M—I • IF•• mm wir 1�1 "'HMO, T I w insi caw 1 MONO lie Ona1.1.■•■ meow IMMO ••^ 6^S 1 MOW IMO OTT MIROLATINI ...11111, •••161. MID MONO AEG E w * i 0 1 v V.08 14•0040 1; 4 T N WAIL PBBORNANCE OFFICE PAPERS BIRD i ADDITION 200 "nun, AVE CLIENT 0 01 -02 -0132 LAKEVILLE NN 55044 2," GO MA. AVE NEW SITE PLAN 0 L00VL.. n. 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