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Home My WebLink AboutItem 06.fLakeville September 12, 2013 Item No. PERFORMANCE OFFICE PAPERS VARIANCE EXTENSION SEPTEMBER 16, 2013 CITY COUNCIL MEETING Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve a three -year extension for the Performance Office Papers building setback variance to September 19, 2016. Adoption of this motion will provide Performance Office Papers three additional years 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 are requesting a three year extension to their building setback variance approved in 2008. The variance allowed 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 215th 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 and 2012. The Planning Commission unanimously recommended a three year extension at their September 5, 2013 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 5, 2013 draft Planning Commission meeting minutes • August 28, 20 lanning report Z Fran Dempsey, AICP, A ociat tanner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 5, 2013 Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City The pledge of allegiance to the flag was given. Member Present: Jason Swenson, Linda Maguire, Bob Boerschel, Chair Brooks Lillehei, P aml Reuvers, Gerry Grenz, Ex- officio Shawn Fitzhenr-y ::. Members Absbpt: Karl Drotning Others Present: Sec 3. , 4. Brevig, Recording lutes were approved as n meeting minutes were rawn their request for an Agenda Item 5.13.). No conditional use permit !September 19, 2013 years of`k ervice with the :cess Solutions mm the Ayes: Maguire, Boerschel, Lillehei, Reuvers, Grenz, Swenson \ Naysm - 0 5. Consent Agenda Motion was made by Maguire, Seconded by Reuvers to approve the Consent Agenda as follows: -Qaryl Morey, Planning Director; -:and P Planning Commission Meeting Minutes, September 5, 2013 Page 2 A. Performance Office Papers: Three -year extension of the Performance Office Papers building setback variance No. 2008 -03, located at 21465 Hamburg Avenue. Ayes: Boerschel, Lillehei, Reuvers, Grenz, Swenson, Maguire Nays: 0 6. Ch ' Chk Lillehei opened the public hearing to consider the ap .11cation of Gary Thorson fora onditional Use Permit amendment to allow a coMm"ercial drive - through car wash a ition to the existing Holiday Mega Stop convenience store building, located at 21100 nrick Avenue. _ Gary Thorson rom Holiday Mega Stop Inc. Mr. Thorson ex 1' 1 n that he is proposi whereby the custo er either purchases th4 building to purchase, or pays at the box`pnoa that he has another c wash similar to this"', o f layout and there hav not been any prob vehicles at that location. xesented an ov6Mew of the request. ao put in an unattended car wash, it wash at the pump, 'dies inside the to enter#),0.the car wask'H" a indicated rye ir,t. with the same type 4*: kk the parking lot or queuing of Mr. Morey also wanted to con tuiate ��sso late Pldhijbc Frank Dempsey, who was not able to attend tonight's me it "gy on his:_years'= service with the City of Lakeville. y :•:: ; ';' > :;::: ; :, :....... Planning Directa Caryl Morepresent ahe planning report. Mr. Morey stated that pre the subject rty was developed the tho convenience store building was constructed in 19:as pacStop' t, which was originally approved by the City Co�, Jui4 4 ',,I'I H d' ii - i fed at the plans propose the car wash to .y ,� }....: ,• ,. be I i a ii Vie nortW� side of the existing b 'ding with the vehicle queuing area alofi_ d ffie east slft, bifdinci. Mr.=Vlorey stated thdAhe Ziarting Ordinance requir that car wash facilities be desigrand operatednder seven specific criteria, wh \ isted and reviewed in the AU tst 30, 201 fanning report. Several of the G related to whether the car waif ~'buts rest ential areas, which this does no Mr. Morey highlu led the site circulation and stacking eria. He indicated that there is roomfor six vehicles to stack as required b Ordinance. Mr. Morey stated that the site plan will require a slight modot truck parking area to the east with the removal of one of the truck pars to commodate the vehicle stacking area for vehicles entering the car w Mr. Morey commented that the Zoning Ordinance requires 28 parking spaces or this use. There are currently 31 parking spaces provided on -site. He indicate that there are eight parking spaces located on the north side of the Holiday buildingtk at will be removed with the car wash addition. Eight new parking spaces will be stripe item rho. 5 Lakeville Lill Memorandum To: Planning Commission From: 7 - 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 215' 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 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 0"KE Pftp I satmtrvE SH- 0025 PSC www.fsc.ore FSC CO23783 The Mark of Responsible Forestry 2156.) I-Imiburt; Avenue I.ikeville. %Iti 55041 • 952- 98.3 -7916 (direct) e 800- 488 -5058 (I'M) Nymv.perlpapers.com t Receipt#: 12507 ABSTRACT FEE Retum to: CITY OF LAKEVILLE 20195 HOLYOKE AVENUE LAKEVILLE, MN 55044 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE 0 2607305 X -00 Recorded on: 8/8/2008 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 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: 4) Lot 1, Block 3, AIRLAKE INDUSTRIAL PARK 1 s-r ADDITION, Dakota County, Minnesota, O � according to the recorded plat thereof. S a And also, 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 V 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. 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. 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. CITY W LAKEVILLE Its Clerk The following instrument was acknowledged before me this 0 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. =PNNE A ; ,� + 010 • ry Pu blic 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 f' r Charlene Friedges, lyClerk DRAFrED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, NN 55044 T a q Q 8 a • ¢ T 41 92 n o a $g $ 3 3333 _ a $ $r g ® n'eo t I' . 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