HomeMy WebLinkAboutItem 06.iOctober 1, 2010 Item No.
OCTOBER 4, 2010 CITY COUNCIL MEETING
DUNHAM CONDITIONAL USE PERMIT EXTENSION
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve a
one -year extension for the Dennis Dunham outdoor storage conditional use permit.
Adoption of this motion will provide Mr. Dunham one additional year to complete the construction
of the outdoor storage facility approved by the City Council on October 6, 2008. Planning
Department staff administratively approved a one year extension in 2009 as allowed by the
Zoning Ordinance. Any additional extensions require Planning Commission review and City
Council approval.
Overview
Dennis Dunham is requesting an extension of his conditional use permit to allow an outdoor
storage rental facility on an unsewered lot in the I -1, Limited Industrial District. The outdoor
storage area has not yet been constructed. The property is located north of Mr. Dunham's
existing outdoor storage facility at 21716 Kenrick Avenue.
According to Mr. Dunham, current economic conditions do not allow him to construct the
outdoor storage facility in 2010. A copy of Mr. Dunham's September 7, 2010 letter explaining
his request is attached to the planning report.
The Planning Commission recommended approval on a 4 -2 vote to allow the one -year extension
request at their September 23, 2010 meeting.
Primary Issues to Consider
• What are the implications if the variance extension request is not granted?
The conditional use permit would expire and the applicant would have to reapply for a new
conditional use permit at a future date.
Supporting Information
• Approved conditional use permit
• September 23, 2010 draft Planning Commission meeting minutes
• September 13, 2010 report to the Planning Commission including a letter from Mr. Dunham
requesting c ditional use permit extension
' 1 pi j M / ! 2 �
Frank Dempsey, AICP
Associate Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): 11 -4 -13 of the Zoning Ordinance
Notes:
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Return to
City of Lakeville
Receipt#: 20555
ABSTRACT FEE $46.00
Return to:
CITY OF LAKEVILLE
20195 HOLYOKE AVENUE
LAKEVILLE, MN 55044
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 08 -/3
2618259
3. Conditions. The permit is issued subject to the following conditions:
Recorded on: 10/16/2008 09:00 :03AM
, . 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
approves a conditional use permit to Dennis Dunham to allow:
Open and outdoor storage as a principal use on an unsewered lot in the I -1, and RAO
Districts.
2. Property. The permit is for the following described property located east of
Kenrick Avenue (CSAH 5S), south of 215 Street and east of Kaparia Avenue in the City
of Lakeville, Dakota County, Minnesota:
The north 360.00 feet of the south 660.0 feet of the Northeast Quarter of the
Southwest Quarter, of Section 36, Township 114, Range 21.
a) The site shall be developed according to the recommendations outlined in the
Engineering Department memorandum, dated August 29, 2008 and revised
September 12, 2008.
b) The site shall be developed according to the plans approved by the City Council.
c) The parking of semi - trailers and land /sea containers shall not be permitted as
required by Section 11 -22 -7 of the Zoning Ordinance.
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d) The site shall not be used for the service, repair, and disassembly of vehicles or
for the storage of any unlicensed vehicles, including unlicensed recreational
vehicles or trailers. The accumulation, storage, processing, and disposal of
waste shall not be permitted on the premises in compliance with Section 11 -16-
29 of the Zoning Ordinance as may be amended from time to time.
e) The outdoor storage shall be screened from view of the public right -of -way in
compliance with Section 11 -21 -9 of the Zoning Ordinance. The existing stand
of trees adjacent to Kenrick Avenue shall remain as screening from the
Kenrick Avenue right -of -way.
f) The landscaping shall be installed according to the approved landscape plan.
g)
j)
A fence permit shall be obtained from the Building Inspections Department prior
to the installation of the six foot tall perimeter security fence.
h) The storage yard lighting shall be down -cast in design and shall not glare
onto public right -of -way. An electrical permit shall be obtained from the
Building Inspections Department prior to the installation of the lighting.
i) A sign permit shall be obtained from the Planning Department prior to the
installation of any signs.
The driveway to the outdoor storage facility shall be paved with bituminous
or concrete prior to use of the outdoor storage yard.
4. Termination of Permit. The City may revoke the permit following a public
hearing under any of the following circumstances: The use as permitted by this permit
shall not have been completed or utilized within one year after the date of this permit;
or violation of the terms of the permit.
5. Lapse. If within one year from the issuance of this permit the conditional use
has not been completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
2
• "' � PENNY BREVIG
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NOTARY P
MINNESOTA
MY Commission Expires Jan 31 2010
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
Date: a- &r ? (200q
BY:
BY:
CITY a F LAKEVILLE
Charlene Friedges, Ci Clerk
The following instrument was acknowledged before me this 6 day of October,
2008, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
DR
., FT
le September 23, 2010 Planning Commission meeting was called to order by Chair
Da 's in the City Hall Council Chambers at 6:00 p.m.
Flag ple e : e and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
ecretary Adler
C. s issioner Drotning
Co issioner Grenz
Comma ioner Maguire
Ex- officio : ussler
Absent: Commission Glad
Staff Present: Daryl Morey, lanning Director; Daniel Licht, The Planning
Company; Zac Johnson, Assistant City Engineer; Roger
Knutson, City Attor - ; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The August 19, 2010 Planning Commission ' eeting minutes were approved as
presented.
The August 19, 2010 Planning Commission work sess'.n notes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated the following items were distributed at tonight's m- -ting:
1. The Parks, Recreation and Natural Resources Committee meeting
motions regarding the Spirit of Brandtjen Farm 6th Addition prel' inary
and final plat and the Boulder Heights preliminary and final plat.
2. Regarding Agenda Item 6, a letter on behalf of the owner of Lot 12, Blo
e repa
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
September 23, 2010
V,
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• 1 1 f i"
ITEM 5. CONSENT AGENDA
10.38 Motion was made and seconded to remove Dennis Dunham from the Consent
Agenda and place it on the regular agenda for discussion. Vote was unanimous.
Commissioner Drotning felt that this extension should not be granted and if Mr.
Dunham chooses to develop the property for outdoor storage, he should have to re-
apply for the conditional use permit and meet the ordinance standards that are in
place at that time.
Commissioner Grenz asked how many more extensions Mr. Dunham could request.
Mr. Morey indicated that Mr. Dunham could request an extension every year if his
extension requests are granted.
10.39 Motion was made and seconded to recommend to City Council approval of a one
year extension for CUP 08 -13 for Dennis Dunham as presented.
Ayes: Maguire, Lillehei, Davis, Adler.
Nays: Grenz, Drotning. Both felt that Mr. Dunham should have to re -apply for a
CUP when he chooses to construct the building and meet the standards of the
Zoning Ordinance at that time.
DRAFT
FARM 6TH ADDITION
Planning Commission Meeting
September 23, 2010
Page 2
Chair • avis opened the public hearing to consider the request of Tradition
Develop - t for the following, located north of 170th Street and east of Eagleview
Drive: 1) A eliminary plat of 29 single family lots to be known as Spirit of
Brandtjen Farm : Addition; 2) Vacation of existing public street rights -of -way and
drainage and utility - asements in Spirit of Brandtjen Farm. In addition, consider
the application of Tradi '.n Development for the final plat of 15 single family lots to
be known as Spirit of Br'andtjen Farm 6th Addition. The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Jacob Fick from Tradition Development presented an overview of their request. Mr.
Fick referred to the letter that was received from Attorney Gary M. Peterson, who
represents the bank that owns Lot 12, Block 9, Spirit of Brandtjen Farm. Mr. Fick
indicated the concerns of Mr. Peterson focuses around Outlot B. He stated that
Outlot B will be a publically accessible open space area to be owned and maintained
by a homeowners association (HOA). Outlot B will not be developed as single
family lots in the future. He also stated that Tradition Development will work
through a technicality of the current HOA documents to addr ss one of the
concerns raised in Mr. Peterson's letter. Mr. Fick feels the use of Ou t B as open
space will increase the value of the lot Mr. Peterson represents.
Daniel Licht from The Planning Company presented the planning report. Mr. LiZ�kt
stated that Planning Department staff recommends approval of the preliminary and
Memorandum
To Planning Commission
From: 7 /rank Dempsey, Associate Planner
Copy: Dennis Dunham
Date: September 13, 2010
Subject: Packet Material for the September 23, 2010 Planning Commission Meeting
Agenda Item: Dunham CUP Extension
INTRODUCTION
Item No.
City of Lakeville
Planning Department
Dennis Dunham is requesting an extension of his conditional use permit approved to
allow an outdoor storage rental facility on an unsewered lot in the I -1, Limited
Industrial District approved by the City Council on October 6, 2008. The outdoor
storage area has not yet been constructed. The property is located north of Mr.
Dunham's existing outdoor storage facility at 21716 Kenrick Avenue.
Mr. Dunham is requesting another extension of the conditional use permit. According
to Mr. Dunham, current economic conditions do not allow him to construct the outdoor
storage facility in 2010. A copy of Mr. Dunham's September 7, 2010 letter explaining
his request is attached.
Section 11 -4 -13 of the Zoning Ordinance allows the Zoning Administrator to approve
an extension of up to one year following the City Council's initial approval of the
conditional use permit. The Zoning Administrator approved a one year extension on
September 17, 2009. The Zoning Ordinance requires that more than one extension be
considered by the Planning Commission and a recommendation be forwarded to the
City Council.
RECOMMENDATION
Staff recommends the conditional use permit be extended for an additional year, to
October 6, 2011.
Attachments
1. Extension request letter dated September 7, 2010
2. Conditional Use Permit No. 08 -13
3. Conditional Use Permit Site Plan
Mr. Frank Dempsey,
I'm asking for a second extension on the conditional use permit. For the
development of open and outdoor storage as a principal use on the property located south
of 2l 5 Street and east of Kenrick Avenue.
• Due to the economical situation at this time it is not rational for us to start another
storage lot.
• With the economy the way it is we have lost customers due to repos, not being
able to make payments and them trying to cut cost.
• At this time are lot is not full so to build another storage lot it does not make sense
since it would not be used. Not as many people are coming into the lot as in the
past years.
• With the loss of customers we have also taken a cut in income.
Once the economy turns around and our lot starts to fill back up we are looking to
build the new lot. I'm looking to build the yard in phases to get it started once I'm ready.
Please consider this extension, thank you for your time.
Sincerely, t
Dennis P. Dunham
September 7, 2010
RECEIVED
SEP 0 8 2010
CITY OF LAKEVILLE
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