HomeMy WebLinkAboutItem 06.hSeptember 3, 2010 Item No.
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve a
one -year extension for the Performance Office Papers building setback variance, to September
6, 2011.
Adoption of this motion will provide Performance Office Papers one additional year 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 another one year extension to the
building setback variance approved in 2008. They had indicated that current economic
conditions do not allow them to construct their planned building expansion at this time. The
approved variance allows 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 215
Street (CR 70) right -of -way line. At the property owner's request, a one year extension for the
variance was approved administratively last year consistent with Chapter 11 -6 -9 of the Zoning
Ordinance; however, additional extensions require Planning Commission recommendation and
City Council approval.
The Planning Commission unanimously recommended approval of the one -year variance
extension request on the consent agenda at their August 19, 2010 meeting.
Primary Issues to Consider
• Why is staff recommending the variance extension include a stipulation that the property
owner must rededicate the drainage and utility easements that were vacated with the
variance in 2008?
• What are the implications if the variance extension request is not granted?
Supporting Information
• Signed drainage and utility easement agreement
• Approved variance form
• August 19, 2010 draft Planning Commission meeting minutes
• August 12, 2010 report to the Planning Commission
• August 3, ' 0 letter requesting variance extension
Frank Dempsey, As ociate anner
SEPTEMBER 7, 2010 CITY COUNCIL MEETING
PERFORMANCE OFFICE PAPERS VARIANCE EXTENSION
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): 11 -6 -9 of the Zoning Ordinance
Notes:
Staff Analysis of Issues
• Why is staff recommending the variance extension include a stipulation that the property
owner must rededicate the previously vacated drainage and utility easements?
The 2008 variance approval included the vacation of the drainage and utility easements
over the existing public utilities that were planned to be relocated as part of the planned
building expansion. The City needs to ensure that the public easements are protected by
allowing City access to them until such time that the building expansion begins and the
utilities are relocated.
• What are the implications if the variance extension request is not granted?
The variance would become null and void requiring approval of a new variance.
2
139494v02
SRN:08 /20/2010
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC DRAINAGE AND UTILITY PURPOSES
PERFORMANCE OFFICE PAPERS, INC., a Minnesota corporation, hereinafter referred to
as "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent easement
for public drainage and utility purposes over, across, on, under, and through land situated within the
County of Dakota, State of Minnesota, as described on the attached Exhibit "A ".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon
the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain
said public drainage and utility systems over, across, on, under, and through the easement premises,
together with the right to grade, level, fill, drain and excavate the easement premises, and the further
right to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public drainage and utility systems.
1
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises; that
it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests
in the easement premises; and that it will indemnify and hold the City harmless for any breach of the
foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this Easement this 30 day
, 2010.
STATE OF MINNESOTA
COUNTY OF Do.
- fa,
The foregoing instrument was
/4, 54 ,54- , 2010, by
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behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
SRN:ms
139494v02
SRN:08 /20/2010
( ss.
GRANTOR:
PERFORMANCE OFFICE PAPERS, INC.
BY: G , hJ
AND
Its fe Es !DEN T
LC
acknowledged before me this 36 day of
Ru,sSe- // DFa and by
the Pes a( -+ and
of Performance Office Papers, Inc., a Minnesota corporation, on
NOTARY PUBLIC
2
KANDI E. ANTHONY
NOTARY PUBLIC-MINNESOTA
W Commission Expires Jan. 31. 2015
r AwAAAAAAAANNAAAAAAANANAAAAAN
AND
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
EASEMENT DESCRIPTION
A 20.00 foot wide public drainage and utility easement over, under, and across the following
described parcel:
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 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.
Said easement lying over, under and across the south 20.00 feet of the north 110.00 feet of the
above parcel.
A permanent public drainage and utility easement lying over, under and across the south 521.75 feet of
the north 531.75 feet that adjoins the east line of Lot 1, Block 1, as dedicated on the plat of ACORN
TAPPE FIRST ADDITION, Dakota County, Minnesota, according to the recorded plat thereof.
AND
A permanent public drainage and utility easement lying over, under and across the west 15.00 feet of
Lot 1, Block 3, AIRLAKE INDUSTRIAL PARK 1ST ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof.
[ABSTRACT PROPERTY]
139494v02
SRN:08 /20/2010
3
Receipt#: 12507
ABSTRACT FEE $46.00
Return to:
CITY OF LAKEVILLE
20195 HOLYOKE AVENUE
LAKEVILLE, MN 55044
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
VARIANCE
07 03
i
3. Conditions. The variance is issued subject to the following conditions:
2607305
II I III II I
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:
The front and building setback on roe locate
y g property rty d at 21565 Hamburg Avenue.
2. Property. The variance is for the following described property in the City of Lakeville
and is legally described as follows:
2 Lot 1, Block 3, AIRLAKE INDUSTRIAL PARK 1 ADDITION, Dakota County, Minnesota,
O ,> according to the recorded plat thereof.
E a And also,
0 4 5
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.
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.
Date: Iqu j s` L 9 Wit_ 00s
2
CITY . ' LAKEVILLE
BY: _ ,
May��
BY:
Its Clerk
The following instrument was acknowledged before me this 4 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 ti
NOTARY PUBLIC - MINNESOTA
My Commission Expues Jan 31 2010
P / ;2) ublic
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
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
Charlene Friedges, Ciky Clerk
discussion to consider movmg
September 23r-d.
ITEM 5. CONSENT AGENDA
10.35 Motion was made and seconded to approve the August 19, 2010 consent agenda as
follows:
A. Approve the request of Performance Office Papers for an extension of
their building setback variance.
Ayes: Glad, Maguire, Lillehei, Davis, Adler, Grenz, Drotning.
Nays: 0
DRAFT
Chair Davis opened the hearing to the public for comment.
Planning Commission Meeting
August 19, 2010
Page 2
ated that at the end of tonight's meeting, he would like to have a short
th lannin• Commission meeting to
Chai avis opened the public hearing to consider the request of D. R. Horton for a
prelimin: and final plat of 34 single - family residential lots to be known as Quail
Ridge Thir. Addition, located west of Ipava Avenue, south of 183rd Street and
north of 185th .treet (CSAH 60). The Recording Secretary attested that the legal
notice had been d published in accordance with State Statutes and City Code.
Mike Suel from D. R. ' • rton presented an overview of their request. Mr. Suel
indicated that Quail Ridge ' ird Addition will be developed in two phases. D. R.
Horton is requesting prelimin :. plat approval of 34 single family lots and final
plat approval of 20 single family • is for the first phase. The second phase of 14
single family lots will be final platte • : t a future date.
Associate Planner Allyn Kuennen presen :d the planning report. Mr. Kuennen
stated that staff, the police department and t - fire department all support make
the Quail Ridge neighborhood street connection t• Italy Avenue with this phase of
the development. The street connection will provide : second access point for Italy
Avenue residents, which is important for public safety :. sons. He stated that the
developer hosted a neighborhood meeting on July 29, 201► Mr. Kuennen stated
that Planning Department staff recommends approval of the p -liminary and final
plat subject to the 7 stipulations listed in the August 13, 2010 plann'.. ; report.
Patricia Millard, 18329 Italy Avenue
➢ Headlights from cars turning left onto Italy Avenue from the stre
connection will shine into her house.
➢ Very much against extending Ironstone Way to Italy Avenue.
Memorandum
To: Planning Commission
From: rank Dempsey, Associate Planner
Date: August 12, 2010
Subject: Packet Material for the August 19, 2010 Planning Commission Meeting
Agenda Item: Performance Office Papers Variance Extension Request
Representatives of Performance Office Papers are requesting an extension to the
variance approved by the City Council on August 4, 2008. The approved variance
allows the construction of a 90,000 square foot building addition to the west side of
the building while allowing the expansion of the building along the existing non-
conforming setback adjacent to 215 Street. The property is located at 21565
Hamburg Avenue and is zoned I -2, General Industrial District. On June 23, 2009, a
one year extension for the variance was approved administratively consistent with the
provisions of Section 11 -6 -9 of the Zoning Ordinance; however, additional extensions
require Planning Commission recommendation and City Council approval.
Included as part of the variance approval, the City Council also approved the vacation
of public drainage and utility easements to accommodate the building addition. Staff
recommends that the variance extension be approved subject to Performance Office
Papers dedicating new drainage and utility easements over the existing public utilities
to replace the easements that were vacated. In the event Performance Office Papers
decides not to construct the building addition, the easement will be in place over the
existing watermain. In the event Performance Office Papers decides to construct the
building addition, a new easement vacation application will be required and a public
hearing will be held to consider vacating the easement to accommodate the watermain
relocation in conjunction with the addition before a building permit can be issued.
Planning Department staff recommends a one year extension for the Performance
Office Papers variance to September 6, 2011.
Attachments:
August 3, 2010 Letter from Performance Office Papers
Approved variance site and easement vacation plans
City of Lakeville
Planning Department
August 3, 2010
Mr. Daryl Morey
Planning Director
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
RE: Performance Office Papers
21565 Hamburg Avenue
In 2008, Performance Office Papers requested a variance from the City of Lakeville to allow an
expansion of its existing office /manufacturing /warehouse facility located at 21565 Hamburg
Avenue. The variance request was approved by the Lakeville City Council on August 4, 2008.
We continue to study and revise our business model in today's economy, and we determined
that now is not the ideal time to act on the expansion. We do, however, desire to keep the
option open.
It is our understanding that the variance will expire on August 4, 2010 unless we commence
construction prior to that date or are granted an extension by the City. Since we will not be
commencing construction by August 4, 2010, we respectfully request a one -year extension,
from the August 4, 2009 expiration date, for our variance approval.
Should you have any questions, please feel free to contact me at 952 - 985 -7903.
Respectfully yours
Joan Krejci
Rifir
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