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Home My WebLink AboutItem 06.iMay 3, 2013 Item No. S SUPERAMERICA MINOR VARIANCE MAY 6, 2013 CITY COUNCIL MEETING Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve a minor variance for structure setbacks and green space at Superamerica, 16161 Cedar Avenue. Passage of this motion will allow existing improvements for the Superamerica store located at 16161 Cedar Avenue to maintain their current setback from the permanent trail, drainage and utility easement obtained by Dakota County as part of the Cedar Avenue Bus Rapid Transit (BRT) project, even if the improvements are replaced at a future date. Overview Representatives for the Superamerica motor fuel facility located at 16161 Cedar Avenue are requesting approval of a minor variance for a reduced setback from the permanent trail, drainage and utility easement obtained by Dakota County as part of the Cedar Avenue BRT project. The improvements included in this minor variance request are: • Freestanding (monument) sign • Parking lot drive aisle • Underground fuel tanks, vent pipes, control panel, and protective wall • Flag pole and light pole • 25% green space requirement for motor fuel facilities Chapter 11 -6 -7 of the Zoning Ordinance outlines the procedure for processing minor variance requests. A minor variance can be approved where practical difficulties to existing buildings or property are created as a result of public action, such as the Cedar Avenue BRT project. Primary Issues to Consider • What are the implications for future improvements to this site if the variance is granted? Supporting Information • Staff analysis of issues •f\Variance form Daryl Mott', Plai Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Superamerica Minor Variance May 6, 2013 City Council Meeting Page 2 Staff Analysis of Issues • What are the implications for future improvements to this site if the variance is granted? The minor variance will include the existing improvements /structures identified on page 1 of this memo and the attached variance form. If these improvements /structures are replaced or relocated at a future date, the variance will allow the replacement or relocation provided the improvements /structures are located no closer to Cedar Avenue from the permanent trail, drainage and utility easement than the distances identified on the variance form and on the survey dated April 16, 2013. (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE 1. Permit Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a variance to Superamerica for the following structures and improvements located at 16161 Cedar Avenue: a. Freestanding (monument) sign b. Parking lot drive aisle c. Underground fuel tanks, vent pipes, control panel, and protective wall d. Flag pole and light pole e. 25% green space requirement for motor fuel facilities 2. Property The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: The South 235.28 feet of Lot 1, Block 1, Carroll 1 st Addition, except the North 20.00 feet thereof, as measured along the East and West lines of said Lot 1, according to the plat thereof on file in the Office of the County Recorder, Dakota County, Minnesota. 3. Conditions The variance is issued subject to the following terms and conditions: a. The structures and improvements listed above in Section 1 of this variance form shall be allowed to remain in the locations identified on the Sunde Land Surveying survey dated April 16, 2013 and attached hereto as Exhibit A, and need not be brought into compliance with City of Lakeville setback and green space requirements with any future improvements on the subject property. b. The structures and improvements listed above in Section 1.a -d. of this variance form may be relocated elsewhere on the property provided that they are not located any farther east of the west line of the Dakota County trail, drainage and utility easement identified on Exhibit A. c. The green space requirement for the subject property, as allowed by this variance, shall be 16.4 %. DATED: May 6, 2013 CITY OF LAKEVILL€ STATE OF MINNESOTA) COUNTY OF DAKOTA ) Matt Little, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2013, by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: The City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 Q) FOfAVO /RON O a MON(l1/£NT 0 R.L.S. 1'44647 A TCS It I M �NO US � U CONCRETE CURB— TRAIL, DRAINAGE AND UTILITY EASEMENT PER NOTICE OF LIS PENDENS. DOC. NO. 661968 (PARCEL TD & U 53, DAKOTA < > CO. RD. R/W MAP. NO. 324) Cj r GP GP I C � 0-0 I 1 C PUMP ISLAN I m I I _ I C ` I M IVIC Q Li.l O I Q I I� I ,rT LP 1 -'$'04 4 VP'S0 I � X MC 0 O MC MC MC MC PUMP ISLAND 0 — 0 0 0 W CANOPY 1 CONC C I m I � W I MC Z MC MC �\ I O F– 0 O MC I C I U_ r� z 0 I I O 1 0 MC 0 MOC 0 I PUMP ISLAND I I OD I I J I _j 0-0 I --- - - - - -- TRAIL, DRAINAGE AND UTILITY EASEMENT PER NOTICE OF LIS PENDENS. DOC. NO. 661968 ---�-__ (PARCEL TD & U 53, DAKOTA CO. RD. R/W MAP. NO. 324) A i A I J CONCR ' J CURB L CRETE I 2.4 C J = -2.3 �1 Q- I G I 0 H W ° 0 M< W I W — J J 0 JI = < 1-2.4 I ° < 0 LL Z I I < J z IL <Ld � W 0 0- I I� e � - 4 17- I �I I I In In In I N i� SA ` SIN I 0 0 �J i n � N N ,W P`) vJ Y J < 3 In 0 z F- m i W HHE Wo � 0 ZU Z3 0 z H m F_ °< W J W n. <Wo UWP oa Z W 0 fn � U — < < J 0 O _ ° U ZE �O HHE 0 LEGEND G R A S S = _ Ce - -- 37.09 O HHE �O 162ND STREET WES DESCRIPTION OF PROPERTY SURVEYED The South 235.28 feet of Lot I, Block I, Carroll Ist Addition, except the North 20.00 feet thereof, as measured along the East and West lines of said Lot I, according to the plat thereof on file in the Office of the County Recorder, Dakota County, Minnesota. The plat of Carroll I st Addition, was filed of record on June 18, 1987 as Document No. 789244. 2010 -101 -A 689/56 T.114, R.20, 5.04 2010101AOOI.dwg EXHIBIT A I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 16th day of April, 2013 SUND LAND SURVEYING LLC. By. — - - - -� - -- --------------- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 SU 9001 East Bloomington Freeway (350) • Suite 118 Bloomington, Minnesota 55420 -3435 952 -881 -2455 (Fax: 952- 888 -9526) LAND SURVEYIIVG www.sunde. CB Denotes catch basin CBOX Denotes control box FP Denotes flag pole � C GASP Denotes fuel pump r`) N GM Denotes gas meter —Vent pipe protective wall Is 5.7 feet GP Denotes guard post �> <� O ' HHE Denotes electric hand hole C� MC Denotes metal cover line of the Trail, Drainage and Utility MH Denotes manhole rte) Q RD Denotes roof drain west line of the Trail, Drainage and < TICS Denotes traffic control sign V UGFT Denotes underground fuel tank • VP Denotes vent pipe Utility easment. WPLT Denoted wooden planter C � Z north line of the Trail, Drainage and Utility easment. VZ L. Q \ `C C� G R A S S = _ Ce - -- 37.09 O HHE �O 162ND STREET WES DESCRIPTION OF PROPERTY SURVEYED The South 235.28 feet of Lot I, Block I, Carroll Ist Addition, except the North 20.00 feet thereof, as measured along the East and West lines of said Lot I, according to the plat thereof on file in the Office of the County Recorder, Dakota County, Minnesota. The plat of Carroll I st Addition, was filed of record on June 18, 1987 as Document No. 789244. 2010 -101 -A 689/56 T.114, R.20, 5.04 2010101AOOI.dwg EXHIBIT A I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 16th day of April, 2013 SUND LAND SURVEYING LLC. By. — - - - -� - -- --------------- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 SU 9001 East Bloomington Freeway (350) • Suite 118 Bloomington, Minnesota 55420 -3435 952 -881 -2455 (Fax: 952- 888 -9526) LAND SURVEYIIVG www.sunde. 0 20 40 SCALE IN FEET IUD U � C 1 GENERAL NOTES w —Vent pipe protective wall Is 5.7 feet east of the west line of the Trail, �> <� 1 Drainage and Utility easment. s C� Q —Curb line 2.4 feet west of the west �) line of the Trail, Drainage and Utility easment. I_ Q —Fuel Tanks are 2.4 feet west of the C) Q west line of the Trail, Drainage and < W Utility easment. C) V —S.A. sign is 2.5 feet east of the • west line of the Trail, Drainage and Utility easment. — Flagpole is 3.5 feet west of the Q ' w est line and 1.3 feet north of the north line of the Trail, Drainage and Utility easment. G R A S S = _ Ce - -- 37.09 O HHE �O 162ND STREET WES DESCRIPTION OF PROPERTY SURVEYED The South 235.28 feet of Lot I, Block I, Carroll Ist Addition, except the North 20.00 feet thereof, as measured along the East and West lines of said Lot I, according to the plat thereof on file in the Office of the County Recorder, Dakota County, Minnesota. The plat of Carroll I st Addition, was filed of record on June 18, 1987 as Document No. 789244. 2010 -101 -A 689/56 T.114, R.20, 5.04 2010101AOOI.dwg EXHIBIT A I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 16th day of April, 2013 SUND LAND SURVEYING LLC. By. — - - - -� - -- --------------- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 SU 9001 East Bloomington Freeway (350) • Suite 118 Bloomington, Minnesota 55420 -3435 952 -881 -2455 (Fax: 952- 888 -9526) LAND SURVEYIIVG www.sunde.