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Home My WebLink About8. Appeal of Denial for Land Division for Richard Cliff` CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: April 17, 2001 AGENDA ITEM: Appeal of Denial for Land Division for Richard Cliff AGENDA SECTION: Public Hearing PREPARED BY: Rick Pearson, City Planner AGENDA:` ATTACHMENTS: Correspondence & Map; PC Minutes (3- 27 -01) APPROVED BY: Location: West side of Akron Avenue between 124" Court West and' /2 mile north of 135" Street West Property Owner(s): Richard Cliff Area in Acres: 79.54 (total); 76.89 plus 2.65 acres Number of parcels: 2 Comp. Guide Plan Desig: Post 2020 Urban Residential Current Zoning: Agriculture Planning Comm. Action: Uphold staff interpretation (3 -1) SUMMARY Mr. Cliff owns 79.54 acres in the Agriculture District, which is in the future Metropolitan Urban Service Area (post 2020). He has a potential buyer for 40 acres, thus in need of subdivision approval. Mr. Vance Grannis, Mr. Cliff's Attorney has requested that the Planning Commission overturn the staff interpretation of the zoning ordinance density standards. The Agriculture district residential density is one unit per forty acres, which staff interprets to be a minimum. Mr. Grannis is requesting that the City "round - upwards" from the 79.54 acres to the full 80. Staff does not believe that the ordinance allows for such discretion. Furthermore, Staff maintains that the available density in the area has already been used up with the platting of Stonebridge and Stonebridge Second Additions. Mr. Grannis feels that because the Stonebridge area had been rezoned to Rural Residential, Mr. Cliff's remaining property (still zoned Agriculture) should "stand alone ". Staff also points out that in the vicinity of Mr.Cliff's combined X9.54 acres, there are two other dwelling units, one of which was an Agricultural split from his property in the early `90s. PLANNING COMMISSION DISCUSSION Two of the Planning Commissioners were apparently in favor of allowing Mr. Cliff to proceed with his subdivision. The other two Commissioners agreed that the ordinance does not provide the flexibility even though they were sympathetic with Mr. Cliff. The motion to uphold the Staff interpretation passed 3 -1. RECOMMENDED ACTION: Motion to direct staff to prepare findings of fact supporting the staff interpretation of the maximum density standards of the Agriculture district specified in the zoning ordinance. CITY COUNCIL ACTION: CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING Appeal of Denial for Land Division for Richard Cliff CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651 - 423 -4411 Hearing Impaired 651 - 423.6219 Fax: 651 - 423 -5203 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing at 7:30 p.m. on Tuesday, April 17 t1i , 2001, in the Council Chambers at City Hall, 2875 145 Street West, Rosemount, Minnesota. This public hearing is being held to consider an appeal of the Planning Commission's denial for dividing property at 12523 Akron Avenue, Rosemount. Comments will be taken from persons desiring to be heard with reference to the above hearing item. Written comments will be accepted up to the time of the hearing and will be included in the discussion at this hearing. Dated this 4th day of April, 2001. Linda Jentink, City erk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (651)322 -2003, or TDD N. (651)423 -6219, no later than April 12th, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 1. GRANNIS&HAUGE LEGAL SERVICES TO INDIVIDUALS, BUSINESSES AND CITIES SINCE ISCS. March 28, 2001 Mr. Richard Pearson Rosemount City Planner 2875 - 145' Street West Rosemount, MN 55068 -4997 Re: Richard Cliff/Density Calculation Dear Rick: Stephen A. Baker* * * Also admitted to practice in Florida Pursuant to our phone conversation of today, on behalf of Richard Cliff we hereby appeal to the City Council, the Board of Appeals and Adjustments/Planning Commission decision upholding the Staff's interpretation on Richard Cliff s density calculation. Enclosed is our check in the amount of $165.00 for the fee for filing the appeal. However, pursuant to the Ordinance, be advised that Mr. Cliff may be requesting refund of all, or part of that fee, in accordance with the terms of the Ordinance. Please notify us of the date of the hearing before the City Council on this appeal. Very truly yours, GRANNIS &Imo. tJGE, P.A B y % ' �G� Vance B. Grannis, Jr. VBGjr /svk Enc. c: Richard Cliff WARD R. ANDERSON MICHAEL 1. DWYER* KEVIN W. EIDE VANCE B. GRANNIS, JR.* DAVID G. KELLER MICHAEL 1. MAYER BARRY L. WITTENKELLER* VIRGINIA A. DWYER WILLIAM L. BERNARD PAUL H. HAUGE (of Counsel) * Also admitted to practice in Wisconsin Also admitted to practice in Illinois (65 1) 456 -9000 Facsimile: (651) 454 -4232 200 TOWN CENTRE PROFESSIONAL BUILDING * 1260 YANKEE DOODLE RD. * EAGAN, MINNESOTA 55 EMAIL: grannishauge @aol.com www.grannishauge.com GRANNIS&HAUGEP.A. LEGAL SERVICES i0 INDIVIDUALS. BUSINESSES AND CITIES SINCE 19o8. Dear Rich: Pursuant to our phone conversation of today, on behalf of Richard Cliff I hereby request that you add Mr. Cliff to the Planning Commission Agenda for March 27, 2001, in connection with his request t0 divide his 79.54 acres into t« 39.77 acre tracts. It is our position that 39.77 acres is close enough to 40 acres to meet the intent of the ordinance, and should be allowed. Thank you for your attention to this matter. Very truly yours, By, Vance B. Grannis, Jr. VBGjr /svk c: Richard Cliff (65 1) 436 -9000 Facsimile: (651) 454 -4232 200 TOWN CENTRE PROFESSIONAL BUILDING • 1260 YANKEE DOODLE RD. • EAGAN, MINNESOTA 55121 -2201 EMAIL- grannishauge @aol.com www.grannishauge.com WARD R. ANDERSON MICHAEL J. DWYER` KEVIN W.EIDE VANCE B. GRANNIS. JR.- DAVID G. KELLER MICHAEL J. MAYER March 22, 2001 BARRY L. WITTEN fE R +• VIRGINIA A. DWYER WILLIAM L. BERNARD PAUL H. HAUGE VIA FAX AND MAIL (of Counsel) MT. Richard Pearson also admitted to pracicein Rosemount City Planner Wisconsin ' • Also admitted to prase in 2875 - 145` Street West Illinois Rosemount, MN 55068 -4997 Stephen A. Baker— Also admitted to prw ;ce in Re: Richard Cliff/Density Transfer Florida Dear Rich: Pursuant to our phone conversation of today, on behalf of Richard Cliff I hereby request that you add Mr. Cliff to the Planning Commission Agenda for March 27, 2001, in connection with his request t0 divide his 79.54 acres into t« 39.77 acre tracts. It is our position that 39.77 acres is close enough to 40 acres to meet the intent of the ordinance, and should be allowed. Thank you for your attention to this matter. Very truly yours, By, Vance B. Grannis, Jr. VBGjr /svk c: Richard Cliff (65 1) 436 -9000 Facsimile: (651) 454 -4232 200 TOWN CENTRE PROFESSIONAL BUILDING • 1260 YANKEE DOODLE RD. • EAGAN, MINNESOTA 55121 -2201 EMAIL- grannishauge @aol.com www.grannishauge.com k i 7(I .09 1' )TE: Dimensions rounded to nearest foot pyright 2001, Dakota County - s drawing neither a IegaiN recorded map nor a wivey and a not -tended to be used as one_ a drawing s a Compilation records, information and data k>�ed n various city. — ,"end re offices and other sources, affecting the area shown, and is to be used for reference purposes r Dakota County is not responsible for any inaCQaaC7es harm Contained. If discrepancies am nd please contact Dakota County survey and Land Information Department D Date: March 27, 2001 Parcels Updated: 1 /5/01 A---d Photography �A;t�T. 0 Qi , i; j, I i I! i 7(I .09 1' )TE: Dimensions rounded to nearest foot pyright 2001, Dakota County - s drawing neither a IegaiN recorded map nor a wivey and a not -tended to be used as one_ a drawing s a Compilation records, information and data k>�ed n various city. — ,"end re offices and other sources, affecting the area shown, and is to be used for reference purposes r Dakota County is not responsible for any inaCQaaC7es harm Contained. If discrepancies am nd please contact Dakota County survey and Land Information Department D Date: March 27, 2001 Parcels Updated: 1 /5/01 A---d Photography �A;t�T. 0 Qi , i; j, I )TE: Dimensions rounded to nearest foot pyright 2001, Dakota County - s drawing neither a IegaiN recorded map nor a wivey and a not -tended to be used as one_ a drawing s a Compilation records, information and data k>�ed n various city. — ,"end re offices and other sources, affecting the area shown, and is to be used for reference purposes r Dakota County is not responsible for any inaCQaaC7es harm Contained. If discrepancies am nd please contact Dakota County survey and Land Information Department D Date: March 27, 2001 Parcels Updated: 1 /5/01 A---d Photography �A;t�T. 0 Qi , i; j, I Planning Commission Regular Meeting Minutes March 27, 2001 Page 3 oner Shoe - Corrigan noted the intent of the ordinance is to encourage ;nt of a style compatible with the predominant structures in the downtown. She the ordinance be more specific as to what is considered�be the predominant structure: Commissioner eisensel inquired whether there is a ion of what we want the downtown to loo like. He did not see how the cr ti of an overlay district would accomplish this. Commissioner Napper felt alls surro in rooftop mechanical equipment would be unsightly. Commissioner Shoe -Corrig efere ed the conditional uses requiring multi - parcels, tenants, buildings, and us to have v g setbacks from the public right -of -way. She felt this requirement c flicts with previo y references to have buildings lined up on sidewalks. MOTION Droste to recommend to the City Co cil an ordinance creating a traditi 1 downtown overlay district. Seconded by per. Ayes: Napper, Droste. Pr ent: Weisensel. Nay: Shoe - Corrigan. Motion faile . New Business: Richard Cliff — Appeal of Staff Zonin' g Interpretatiol Mr. Pearson explained that Richard Cliff has a purchaser for 40 acres and is seeking subdivision approval. Mr. Cliff owns 79.54 acres in the Agriculture District, where the density standard is 1 dwelling unit per 40 acres. Division of Mr. Cliff's property would result in two 39.77 acre parcels. Mr. Cliff requested that staff "round upwards" from the 79.54 acres to 80 acres. The zoning ordinance does not give staff that flexibility. Previous subdivisions of the Cliff property were reviewed, along with options to achieve the 40 acre requirement. Mr. Pearson informed the Commission on the evolution of the 1/40 acre density standard. Commissioner Napper encouraged fairness in considering Mr. Cliff's request. Chairperson Droste considered the reasonableness of Mr. Cliff's request and did not feel any codes would be jeopardized by granting Mr. Cliff s request. MOTION by Weisensel to uphold the staff interpretation of the minimum density standards of the Agriculture district in the zoning ordinance. Seconded by Shoe - Corrigan. Ayes: Napper, Shoe - Corrigan, and Weisensel. Nays: Droste. Motion carried. The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stat- ed below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.0 nd other ap ca laws, as amended. _ (B) The printed �'`� PCZ�Q�) which is attached, was cut from the columns of sal newspaper, and was printed and published once each week for- __J`y� successive wee ; it,was first published on Friday, the __ _------ day of 2001 and was thereafter printed and published on every Friday, to and including Friday, day of 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ab delghijklnuno Nrstova. B y Subsc ' ed and qworn to before me on this day 2001. Notary Public AFFIDAVIT DAWN M SMITH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING Application for Amendment to Off -Sale Liquor License NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount %il conduct a public hearing at 7:30 p.m. on Tuesday_ April 17th, 2001, in the Council Chambers at City Halt 2875 145 Street West, Rosemount, Minnesota This public hearing is being held to consider an amendment to the Off -Sale Liquor Lice=�e by pat's Shenanigan's Inc. The location of the off -sale business will be moving to 15047 Crestone Avenue, Rosemount. The name will remain Shenanigans. Comments will be taken from persons desiring to be heard with reference to the above hcaring item. Written comments will be accepted cg to the ame of the hearing and will be included in the discussion at this hearing. Dated this 4th day of April, 2001. Linda Jentink. City Clerk City of Rosemount Dakota County. tlnnesota Auxiliary aids and services are available - Please contact the City Clerk at (651)322 -20G3, or TDD N. (651)423 -6219, no later than No-- em-;mr 28, 2000 to make a request. Examples c? auxiliary aids or services may include: sigr, language interpreter, assistive listening kit. accessible meeting location, etc. 04/06/01