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HomeMy WebLinkAboutItem 05Memorandum Item N00 City of Lakeville Planning Department To: Planning Commission From. �. Frank Dempsey, AICP, Associate Planner Date: August 31, 2oi6 Subject: Packet Material forthe September 2, 2o16 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 the City Council approved on August 4, 2008. The property is located at 21565 Hamburg Avenue and is zoned 1-2, General Industrial District. The variance allows the construction of a go,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 2: th Street (CSAH 70). The variance was granted due to the hardship demonstrated by the applicant 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) right-of-way line. The farther west the building wall is extended, the more non -conforming the setback becomes. Staff approved a one year extension on June 23, Zoog 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 1g, 2011, September 17, 2012 and a three year extension was approved on September 16, 2013. Section 11-6-9 of the Zoning Ordinance requires that the applicant state facts showing a good faith attempt to complete or utilize the use 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 in the future. The attached email from Performance Office Papers dated August 23, 2013 requests that the variance extension be approved for another three years. Attachments: 1. August 18, 2016 email from Performance Office Papers requesting the variance extension 2. Location Map 3. Variance Approved Site Plan Dempsey, Frank From: Russ DeFauw <rdefauw@perfpapers.com> Sent: Thursday, August 18, 2016 9:08 AM To: Dempsey, Frank Cc: Joan Krejci; Morey, Daryl Subject: RE: Variance Extension Good morning and thank you for the notification. I cannot in good faith advise that we do have a specific construction timeline but we are considering a building sale / leaseback arrangement and loss of our zoning variance would be a tangible negative. I would ask that you recommend one final extension to 2019 as our potential buyers have both indicated a desire to build on the land adjacent to our existing building . Thanks. Russ Russ DeFauw POFOPM . Tpr E91--' 21565 Hamburg Avenue Lakeville, MN 55044 . 952-985-7916 (direct) a 800-488-5058 (fax) www.MLfpgpers.com x 23 4 .- It � � r