HomeMy WebLinkAboutItem 06.n September 19, 2016 Item No. _____
PERFORMANCE OFFICE PAPERS VARIANCE EXTENSION
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 16, 2019.
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.
Performance Office Papers representatives have indicated that there are no immediate plans
to initiate construction due to current business needs. A specific timetable has not been
presented indicating when construction will commence. One year extensions were
previously approved in 2009, 2010, 2011 and 2012. A three year extension was approved in
2013. The Planning Commission unanimously recommended approval of a three year
extension at their September 8, 2016 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 8, 2016 draft Planning Commission meeting minutes
• August 31, 2016 planning report
Financial Impact: $ None Budgeted: Y☐ N ☐ Source: ______________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________________________________ Envision Lakeville Community Values: Diversified Economic Development_______________________________________ Report Completed by: __Frank Dempsey, AICP, Associate Planner___________________________________________________
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
September 8, 2016
Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Jason Swenson, Vice Chair Brooks Lillehei, Scott Einck, Karl
Drotning, Pat Kaluza, Elizabeth Bakewicz, Jason Kelvie, Ex-officio member Nic Stevens
Members Absent: Paul Reuvers
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The August 18, 2016 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated the following item was distributed at tonight’s meeting:
1. A complete copy of the Agenda Item 8 planning report due to the even numbered
pages not being included in the original packet material.
Mr. Morey stated that if none of the agenda items are tabled at tonight’s meeting, the
September 22nd Planning Commission meeting will be cancelled.
5. Performance Office Papers
Chair Swenson opened the meeting with the request from Performance Office
Papers for a three-year extension of Variance No. 2008-03, located at 21465
Hamburg Avenue.
Russ Defaw from Performance Office Papers presented a short overview of the
request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Performance Office Papers is requesting a fifth extension of the setback
variance the City Council approved on August 4, 2008. The 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).
Planning Commission Meeting Minutes, September 8, 2016 Page 2
Mr. Dempsey explained the initial variance request along with the numerous
extensions that have been granted by the City. He indicated that the applicant
wishes to preserve their right to utilize the variance so they may proceed with the
construction of the building addition in the future.
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning indicated that he supported the original variance
request in 2008 as well as the subsequent extension requests. He pointed
out a typo in the planning report regarding the date of the e-mail requesting
the most recent variance extension. Commissioner Drotning asked Mr.
Defaw if he will be back in 2019 for another extension. Mr. Defaw stated
there were no guarantees. He indicated that the addition is shovel ready, as
building plans have been prepared for the addition, they just don’t know when
the addition will be constructed.
Motion was made by Drotning, seconded by Kelvie to recommend to City
Council approval of a three-year extension of the Performance Office Papers
Variance No. 2008-03, located at 21465 Hamburg Avenue.
Ayes: Kelvie, Einck, Lillehei, Swenson, Bakewicz, Kaluza, Drotning
Nays: 0
6. Lakeville Pet Medicine P.C.
Chair Swenson opened the public hearing to consider the application of Lakeville
Pet Medicine P.C. for a Conditional Use Permit (CUP) to allow a veterinary clinic in
the Crossroads Planned Unit Development, located at 17510 Dodd Boulevard.
Shannon Kennelly presented a short overview of her request. Ms. Kennelly stated
that she has been a practicing veterinarian for the past eleven years in Lakeville.
Ms. Kennelly will be operating this vet clinic.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the applicant has submitted a CUP for a veterinary clinic to be located in
a 3,300 square foot tenant space in an existing multi-tenant commercial building in
the Crossroads development.
The Zoning Ordinance allows veterinary clinics by conditional use permit subject to
certain criteria, which Mr. Dempsey reviewed and which are addressed in detail in
the August 31, 2016 planning report.
Planning Department staff recommends approval of the Lakeville Pet Medicine P.C.
CUP and adoption of the Findings of Fact dated September 8, 2016, subject to the 3
stipulations listed in the August 31, 2016 planning report.
Chair Swenson opened the hearing to the public for comment.
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: August 31, 2016
Subject: Packet Material for the September 2, 2016 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 I-2, General Industrial District. The 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 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, 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,
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 18, 2016 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
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