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Home My WebLink AboutItem -0505.aLakevWe Memorandum To: Planning Commission From: A rank Dempsey, AICP, Associate Planner Date: August 28, 2013 City of Lakeville Planning Department Subject: Packet Material for the September 5, 2013 Planning Commission Meeting Agenda Item: Performance Office Papers Request for Variance Extension Representatives of Performance Office Papers are requesting a fifth extension of the setback variance on which they received City Council approval on August 4, 2008. The property is located at 21565 Hamburg Avenue and is zoned 1-2, General Industrial District. 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 215th Street (CSAH 70). The variance request approved in 2008 was granted due to the hardship demonstrated by the application as well as the practical difficulties involved in constructing a linear building addition onto a wall that sits skewed to the 215th Street (CSAH 70) property. The further west the building wall is extended, the more non -conforming the setback becomes. Staff approved a one year extension on June 23, 2009 as allowed by the Zoning Ordinance. Further extensions require Planning Commission recommendation and City Council approval. One year extensions were previously approved by the City Council on September 7, 2010, September 19, 2011 and September 17, 2012. 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. The applicant has stated that they wish to preserve their right to utilize the variance and they may proceed with the construction of the building addition. The attached email from Performance Office Papers dated August 23, 2013 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, 2016. Attachments: 1. August 23, 2013 email from Performance Office Papers requesting the variance extension 2. Approved Variance No. 08-03 and site plan Dempsey, Frank From: Russ DeFauw <rdefauw@perfpapers.com> Sent: Friday, August 23, 2013 10:54 AM To: Dempsey, Frank; Joan Krejci Subject: RE: variance request Thanks Frank; appreciate your diligence as always. We would like to request a renewal of a three-year variance for potential building expansion. As we have discussed on several occasions we think this request is quite reasonable since our existing building is already located and a possible addition similarly located with a straight wall headed West does nothing to alter what already exists. Likewise forcing any possible addition to be offset further to the South changes nothing with the existing building and just adds both costs and internal traffic safety / efficiency concerns for the expanded facility. Our business continues to be robust and while 2014 expansion seems unlikely at this time a 2015 project would be a distinct possibility. Thanks again and please advise if I can be of any assistance in presentation of this request. Russ Russ DeFauw OFFICE PRPGM "ILOK SA -00725 Ps[ w Asc.ore FSC 0023783 The Mark of Responsible Forestry 21,36.5) 1lrunburgAvenue I-ake�-ille, NI\ ,>.;Utt • 9.i19R,">-7916 ((lire(,() • 800-488-501) i (IaY) «�tiM12.perlpapers.com Receipt#: 12607 ABSTRACT FEE Return to: CITY OF LAKEVILLE 20195 HOLYOKE AVENUE LAKEVILLE, MN 55044 CITY OF LAKEVILLE 2607305 x46.00 11 Recorded on: 818/2008 09:00:07AM By: TMC, Deputy DAKOTA COUNTY, MINNESOTA VARIANCE 0.7-03 Joel T. Beckman County Recorder Dakota County, MN 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to Performance Office Papers for: ZA� The front yard building setback on property located at 21565 Hamburg Avenue. 2. Pro e . The variance is for the following described property in the City of Lakeville and is legally described as follows: 0 Lot 1, Block 3, AIRLAKE INDUSTRIAL PARK 1sT ADDITION, Dakota County, Minnesota, O > according to the recorded plat thereof. SO And also, That art of Lot 1 Block 1 ACORN TAPPE FIRST ADDITION, lying east of the following C� P � 9 9 ;._ described line: Commencing at the northeast corner of said Lot 1; thence South 89 C� 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 fine there terminating. 3. Conditions. The variance is issued subject to the following conditions: a) The site shall be developed in compliance with the plans approved by the City Council and Zoning Ordinance requirements. 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. I Vse. 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 Penaity. Violation of the terms of this variance is a criminal misdemeanor. CITY 419 LAKEVILLE M 2 Its Clerk The following instrument was acknowledged before me this 4a' 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 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 4t' day of August 2008 as shown by the minutes of said meeting in my possession. Seal Friedges, qh Clerk DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 ee Lyr $a £gN jz F fi• P i Si R Ro IRjljgE�� •1••R �•Iq O N P e a a' see 813$ n N < ^ I°e , � '� — .•.y EE a "AL3 YYY ' em FF iC ► O 1e ► w r QQ o� I c_.-,_- 1 r-•--•--r-r.->-� eln °��F ep �'i`L:rt'r;--r_i--r_� 1 i 1 S I I i g g 4 • tT—.a j 1 • 1 � 1 kill 1 ; ,F �� I man m e IS F 1 I o � $ : ij , � � � (— I ! ' '' � •ern . ®' ;< to I- .. z, EP f i .►X PJ ' I rr I T -it �� P, � �� 1 • __ r � a; a A� t,. PP P 1 X J 1 pp 1e • P tall § W O 8V i P I I �. ------------------ - --- - ------ VA I x E -NUE PERFORMANCE OFFICE PAPERS B"Ci ADDMOR 215L5 NAi1BURG AVE. ��" •• GAB/HLW •""�' e"•• •• ° CLIENT #, 01-02-0132 LAKEVILLE,NN55044 '^-�+• .y MW '"•"'m�'�v^P .•^►alc ...,w.. $erw e, 9 N 11{OeNA°AAVE NEW SfTE PLAN L.M.A. "+"'01OR"'^vTM•�•^"v+u�r�•.•>*®n..er.,.uk, vvo, LAkl VILLV. HE 55014 aAe L, MH +62-4.4-2 ,e _ P.O MRnMel .00n fPpY WIBCn Y[MM4L w4WC.>W W/Ml• LV 1 ul'AIFNI' EMAIL a• c4 au ,yy RM• •ke••eM • Ov.� beD NN•eewwArn{alul{WICn eHRee4.F>.M>eiit wee t �nR�t♦►1 �>M�>ll�CnY>�CYq