HomeMy WebLinkAboutItem 06.gSeptember 16, 2011 Item No.
SEPTEMBER 19, 2011 CITY COUNCIL MEETING
PERFORMANCE OFFICE PAPERS VARIANCE EXTENSION
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
17, 2012.
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 their
building setback variance approved in 2008. 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. 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 and 2010.
The Planning Commission unanimously recommended approval of the one -year variance
extension request on the consent agenda at their September 8, 2011 meeting.
Primary Issues to Consider
• What is the implication if the variance extension request is not granted?
The variance wou /d become null and void requiring approval of a new variance if the
building addition is proposed at a future date.
Supporting Information
• September 8, 2011 draft Planning Commission meeting minutes
• August 30, 2011 planning report which includes the August 15, 2011 letter requesting the
variance extension and the approved variance document and site plan.
'7)4. ,k(
Frank Dempsey, AICP, Assoc te Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
he September 8, 2011 Planning Commission meeting was called to order by Vice
C it Lillehei in the City Hall Council Chambers at 6:00 p.m.
Flag p :. ge and roll call of members:
Present: Vice Chair Lillehei
Commissioner Boerschel
mmissioner Drotning
Co issioner Maguire
Ex -o cio Fitzhenry
Absent: Chair D. is, Commissioner Grenz
Staff Present: Daryl Mori , Planning Director; Frank Dempsey, Associate Planner;
and Penny Brcvig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING i INUTES:
The August 18, 2011 Planning Co ission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated that the following items re distributed to the Planning
Commission at tonight's meeting:
1. Draft of the September 7, 2011 Parks, Recrea '.n & Natural Resources
Committee motion for the First Park Lakeville 3 A. ition final plat.
2, Copy of a revised landscape plan for First Park Lakevil : 3 Addition.
Mr. Morey stated that Commissioner Adler has given her resit • ation, effective
immediately. He indicated that Alternate Joe Blee will fill in for ommissioner
Adler until a new Planning Commission member is appointed.
Mr. Morey stated that the September 22 Planning Commission meeting wil .e re-
scheduled for 5:00 p.m. and will consist of a brief regular meeting to consider a al
pl
ITEM 5. CONSENT AGENDA
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
SEPTEMBER 8, 2011
10.48 Motion was made and seconded to approve the August 18, 2011 consent agenda as
follows:
A. Approve the request of RLK, Inc. for the final plat of one lot to be known
as First Park Lakeville 3 Addition, located south of 217th Street and east
of Dodd Boulevard (CSAH 9).
Planning Commission Meeting
September 8, 2011
Page 2
B. Approve the request of Performance Office Papers for a one -year
extension of their building setback Variance No. 2008 -03, located at 21565
Hamburg Avenue.
Ayes: Boerschel, Lillehei, Maguire, Drotning.
Nays: 0
Vice Chair Lillehei opened the public hearing to consider the application of
Superi. Access Solutions for an Interim Use Permit to allow an accessory antenna
more tha 45 feet in height in the I -1, Limited Industrial District, located at 21037
Heron Wa The Recording Secretary attested that the legal notice had been duly
published in a ordance with State Statutes and City Code.
Randy Schilling, D ector of Operations, and Dave Warden, the owner of Superior
Access Solutions (SA presented an overview of their project. They explained that
Superior Access Solutio • s is a communications systems integrator specializing in
audio and video transport - nd this tower would support various types of antennas
and radios to be used in tes ' ; and research. Mr. Warden explained that in order
to obtain a clear line of site to the broadcast tower in Shoreview, they would need to
install a 60 foot tall tower.
Associate Planner Frank Dempsey pr ented the planning report. Mr. Dempsey
explained the Interim Use Permit requir- q ent. The maximum building height in
the I -1 District is 35 feet and the accessory . tenna can be an additional 15 feet in
height, for a total height of 50 feet, unless an in rim use permit is approved.
Mr. Dempsey stated that should the Planning Com ' ssion recommend approval of
the IUP, Planning Department staff recommends . pproval subject to the 2
stipulations listed in the September 1, 2011 planning repo
Vice Chair Lillehei opened the hearing to the public for comm
There were no comments from the audience.
11.48 Motion was made and seconded to close the public hearing at 6:10 p.m.
Ayes: Lillehei, Maguire, Drotning, Boerschel.
Nays: 0
Vice Chair Lillehei asked for comments from the Planning Commission. Discussi
points were:
Memorandum
Agenda Item: Performance Office Papers Variance Extension Request
Planning Department staff recommends a final one year extension for the
Performance Office Papers variance to September 19, 2012.
Attachments:
August 15, 2011 variance extension request
Approved Variance No. 08 -03 and site plan
item No.
City of Lakeville
Planning Department
To: Planning Commission
From: rank Dempsey, Associate Planner
Date: August 30, 2011
Subject: Packet Material for the September 8, 2011 Planning Commission Meeting
Representatives of Performance Office Papers are requesting a second one -year
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. The building addition will extend the existing building's
non - conforming setback from 215 Street to the west. 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. Additional extensions
require Planning Commission recommendation and City Council approval. Another
one -year extension was approved by the City Council on September 7, 2010.
The Performance Office Papers variance was extended last year due to uncertainty
regarding the variance criteria used under state statute following the Minnesota
Supreme Court decision in the Krummenacher variance case in Minnetonka. The state
legislature subsequently adopted new variance criteria which was then signed into law
by the governor in May, 2011. The City incorporated this criteria, which includes a
demonstration by the applicant that certain practical difficulties exist that would
necessitate the variance, into our Zoning Ordinance.
In their attached August 15, 2011 letter Performance Office Papers is requesting the
variance extension due to the current economy, which was the same reason given for
their extension request last year. Since the new legislation and ordinance language
would not preclude the City from granting this variance request again in the future,
staff has informed Performance Office Papers that an extension of the variance beyond
2012 may not be supported.
August 15, 2011
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 expired on August 4, 2011, as we had not commenced
construction prior to that date. Frank Dempsey called me on August 8, 2011 to inform me that
we need to request another extension. We respectfully request a one -year extension, from the
August 4, 2011 expiration date, for our variance approval.
Should you have any questions, please feel free to contact me at 952 - 985 -7903.
Respectfully yours,
( 1, (
Joan Krejci
0 ;, MACE
OFFICE PAPERS
21565 Hamburg Avenue
Lakeville, MN 55044
(952) 469 -1400
FAX (952) 469 -5890
An Equal Opportunity Employer
Receipt#: 12507
ABSTRACT FEE $46.00
Return to:
CITY OF LAKEVILLE
20195 HOLYOKE AVENUE
LAKEVILLE, MN 55044
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
VARIANCE
fig 03
3. Conditions. The variance is issued subject to the following conditions:
2607305
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 yard building setback on property located 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:
Lot 1, Block 3, AIRLAKE INDUSTRIAL PARK 1 ADDITION, Dakota County, Minnesota,
o according to the recorded plat thereof.
t 0 And also,
C 0 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
U 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: 3u s/ 9 00 4
CITY •; LAKEVILLE
2
BY:
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
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan 31 2010
ry Public
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, City Clerk
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