HomeMy WebLinkAbout9.c. JAC Co. Fench Height Variance PetitionCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: April 4, 2000
AGENDA ITEM: JAC Company (Gent -Ryan) Variance Petition
PREPARED BY: Rick Pearson, City Planner
ATTACHMENTS: Section 14 Board of Appeals & Adjustments;
Findings, Petition and Correspondence; Survey
reductions; Section 7.2.C.2.e excerpted from
the
Section
AGENDA SECTION:
New Business
APPROVED BY:
/
Applicant & Property Owner:
Location:
Current Zoning (Gent -Ryan):
Extreme Motor Sports:
Board of Appeals & Adjustments:
John Ryan
14785 S. Robert Trail
C -2, Community Commercial (14745, 14755 S. Robert Trail)
C -4, General Commercial (14785 S. Robert Trail)
Variance granted with conditions (3 -1)
SUMMARY
Mr. Ryan is requesting a variance to construct a fence along the perimeter of the former Extreme Motor Sports
property along South Robert Trail, effectively expanding the Genz -Ryan site. The issue is that the fence would
be six feet high to match the existing fence on the adjacent property on the north side. Mr. Ryan indicated at
the March 14 meeting that barbed wire was not being requested. Fence heights are restricted to 42" in front
yards. The current fence on the Genz Ryan property is considered to be non - conforming as are most of the
other fences in the South Robert Trail area.
Fence variances are typically difficult subjects to apply hardship criteria. The reasons provided by the
Petitioner, safety, security and property congruence are all good reasons, but they are usually addressed through
good site design. It appears that one of the primary reasons for the fence in the first place is to secure the
outside storage areas. Outdoor storage of unfinished materials is not a permitted use in the Commercial
Districts. The driveways could be consolidated with cross - access easements and removal of the fencing
between the sites.
PLANNING COMMISSION / BOARD OF APPEALS & ADJUSTMENTS PUBLIC HEARING
The Planning Commission/Board of Appeals & Adjustments granted the variance with conditions based upon
the length of time that the business had been established in Rosemount and that there currently were no plans to
relocate elsewhere in the city. Staff is concerned that the variance granted was not based upon the findings
required for variances (Section 14.2G), or applicable state statutes, and therefore may be viewed as an arbitrary
decision which creates a precedent.
A member of the City Council, property owner (within 359 of the affected property), or the Zoning
Administrator may appeal the decision of the Board of Appeals & Adjustments within 10 working days to the
City Council. A public hearing is required.
RECOMMENDED ACTION:
Motion to direct staff to schedule a public hearing for 8:00 pm., April 18, 2000 to consider an appeal of the
decision of the Board of Appeals & Adjustments.
CITY COUNCIL ACTION:
14: BOARD OF APPEALS AND ADJUSTMENTS:
1 14.1: AUTHORIZATION, POWERS AND DUTIES: The
Planning Commission shall act as the Board of Appeals
and Adjustments
and shall have the power to hear and decide, subject to
appeal to the City Council, requests in the following
cases:
A. Interpretation: Hearing appeals where it is alleged that there is an
error in a decision or judgment made by an administrative officer
in the interpretation or enforcement of this Ordinance or in the
interpretation of zoning district boundaries.
B. Variances: Grant variances from literal ordinance requirements in
instances where strict enforcement would cause undue hardship
because of circumstances unique to the individual property under
consideration. (Ord. B, 9- 19 -89)
14.2: PROCEDURES: Interpretations may be requested to be
heard by the Board of Appeals and Adjustments at any
regularly scheduled meeting of the Planning Commission.
Requests for variances are subject to the following:
A. Applications provided by the City must be completed in writing
prior to any consideration of variance petitions. Fees for
variances are established by resolution of the City Council.
B. The Board of Appeals and Adjustments shall require the applicant
to provide plans, maps, surveys, etc., as deemed necessary, to
ensure proper review and consideration of variance petitions.
C. Within thirty (30) days after the filing of an application, the
Board of Appeals and Adjustments shall set a date for a public
I
earing. Notice of the hearing shall be published at least ten (10)
days prior to the date of the hearing, and notice shall be mailed to
each property owner within three hundred fifty feet (350') of the
property to which the variance relates. However, zoning changes
in the Agriculture District, Agriculture Preserve and Rural
Residential Districts shall require mailed notice to each property
owner within one - fourth (14) mile of the affected property. The
City shall use its available records to determine the names and
City of Rosemount
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Page 219
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5. Granting of the variance will not allow a use which is
otherwise not a permitted use in the zoning district in question.
Lapse and Reapplication:
1. A variance granted but not used shall become void one year
after its effective date.
2. No application for the same or substantially the same variance
shall be made within six (6) months of the date of denial. (Ord.
B, 9- 19 -89)
c
14.3:
A..
B.
C.
APPEALS TO CITY COUNCIL:
The City Council shall have the power to hear and decide appeals
where it is alleged by the appellant that there is an error in any
fact, procedure, or finding made by the Board of Appeals and
Adjustments or the Planning Commission.
Building permits shall not be issued after an appeal has been filed
with the Planning Department. If permits have been issued before
an appeal has been filed, then the permits are suspended and
construction shall cease until the City Council has made a final
determination of the appeal.
The City Council shall conduct a hearing within thirty (30) days
after the receipt by the City Council of the appeal from the action
of the Planning Commission. As provided in Section 16 of this
Ordinance, the City Council shall give due notice of the hearing.
The City Council shall render a decision on the appeal without
unreasonable delay.
Any person may appear and testify at the hearing either in person
or by duly authorized agent or attorney.
A fee to be established by resolution of the City Council shall be
paid to the Planning Department by the appellant at the time the
notice of appeal is filed. Such resolution may provide for waiver
or refund of such fee under specific circumstances. (Ord. B -20,
5 -19 -92)16
City of Rosemount
Page 221
FINDINGS
The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows
in the granting of a variance from this ordinance:
1. Granting a variance will not adversely affect the public health, welfare and safety and will
not be detrimental or injurious to property or improvements in the neighborhood.
2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary
hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide
Plan.
3. There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same
district.
4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his
property in a manner similar to other owners in the same district.
5. Granting of the variance will not allow a use which is otherwise not a permitted use in the
zoning district in question.
In the opinion of staff, there are no hardships created by the property that warrent the variance for
the fence. The fifth finding raises a question regarding use of the property. The Genz Ryan site
has an extensive amount of out -door storage which is non - conforming with standards of the C -2,
Community Commercial District. Expanding the fenced area may actually enable the expansion
of a non- conforming use which would be in conflict with the fifth finding.
No.
CITY OF ROSEMOUNT
VARIANCE PETITION
Date: FEB 01, 2000
- T
Applicant: JAC COMPAKY OWNEP.S JOHN Y. & MA.RGIE M. RYAN
Address: 3465 NT 143RD STREET WEST. ROSEMOU, MN 55068.
Telephone No - -.651 423 3313 Fax No.
STATUS OF APPLICANT:
X Owner Buyer Lessee Other:
LOCATION: Lot 2 ___ , Block 1 , Addition EVENSOM. FIRST ADDITION DAKOTA COUNTY
Street Address: 14785 SOLTI ROBERT TR.A..IL, ROSFIIJNT, m 55068
Metes & Bounds Description Attached: YES
Survey or Plot Plan Attached: YES
Affected Section(s): YES
Current Zoning: C -4 GWMAL COMMUK
REASON FOR REQUEST: PLE.9SE SEE ATMCHED AS REASON FOR REQUEST OF VARLkNCE
1. SEE ATT'9CEiED
2. SEE AT11kCHED
3. EM A11A
Signature of Applicant:
JOHN F RYAN, PAXDUW
F I ME ONLY
Application received by:
Date:
Fee $165.00 (Nnnrefi?*±d Haw Paid: Date-
Planning Commission Action:
Date:
P
REASONS FOR VARIANCE REQUEST:
1. SAFETY: The primary reason that we are requesting a variance, which would
allow Genz -Ryan to fence in the property at 14785, would be the issue of safety.
Genz -Ryan has a vast amount of company traffic to and from their different
buildings from 6:00am until after 8:00pm, Monday through Saturday. Genz -Ryan
has so many semi- trailers making material deliveries, and their own vehicles are
constantly loading materials for jobs onto their vehicles. Without a fence, which
would join the properties, Genz -Ryan would be making frequent short trips onto,
and off of, Highway 3.
The trips onto and off of Highway 3 would be a safety concern for Genz -Ryan
drivers, the vendors making deliveries, and most certainly for the motorist who
would be traveling on Highway 3. By fencing in the property at 14785 South
Robert Trail, and joining it with the existing fence at 14755 South Robert Trail,
the risk to drivers on the road, and the employees of Genz -Ryan Plumbing and
Heating will greatly be reduced.
2. SECURITY: The issue of security is a concern of all businesses; Genz -Ryan has
a concern regarding the security of an un- protected yard and building. Since
purchasing the property at 14785 South Robert Trail, two windows have been
broken, and parties other than the gas company have shut off the gas meters.
Also, there will not be a permanent presence in the building at 14785 South
Robert Trail during the day to monitor the activities that take place there. Our
tenants will be storing tens of thousands of dollars of inventory there, which has
to be accessed during business hours.
To protect their investment, they will need to lock the doors, if a variance is not
allowed. Our tenant has over 160 employees, and to give them all a key to the
building is not feasible, nor is it advisable because material in an unguarded
facility has away of walking away after business hours.
3. PROPERTY CONGRUENCE AND A CLEAN YARD: The existence of a fence,
which would enclose the properties at 14785 and 14755 South Robert Trail,
would allow the tenant to make full use of their facilities. Inventory items that
have been left out in the yard of 14755 South Robert Trail could be stored inside
of the building at 14785 South Robert Trail; end result: a cleaner yard, free from
clutter.
Highway 3 is such a high traffic area, and so many people from outside of
Rosemount see the properties on the stretch of road that goes by the properties
occupied by our tenant. Allowing a variance for a property fence would reduce
the yard clutter that is currently visible as one drives by.
-CITY OF ROSEMOUNT
Everything's Coming Up Rosemount!!
February 8, 2000
Mr. John F. Ryan
JAC Company -
3465 143rd Street West
Rosemount, MN 55068
RE: Variance Petition for fence
Dear Mr. Ryan:
CITY HALL
2875 —145th Street West
Rosemount, MN
55068-4997
Mom 651- 423 -4411
Hearing Impaired 651- 423 -6219
Fax 651 -423 -5203
Please accept these comments as a follow -up to your variance petition received last week. I have
discussed your petition with other staff members of the development review committee, which is
the normal procedure for forming the staff recommendation to the Planning Commission. The
information. you provided did not mention any details about the fence. Therefore, for the basis of
discussion, I am assuming that your variance request is for a six foot high chain -link fence
around the perimeter of the property at 14785 South Robert Trail as we have previously
discussed. That being the case, I regret to inform you that staff will be unable to support the
variance request. Your reasons concerning safety, security and property cleanliness are all good
reasons, but they do not qualify as hardships.
If you intend to proceed with the variance petition, the Planning Commission will conduct the
public hearing on March 14 starting at 7:00 pm. as we have discussed. At this time, if you would
choose to withdraw the petition, your application fee will be refunded in full. This option is
available to you up until February 23. At that time, the process of setting up the public hearing
will begin and cost will be incurred. If you have any questions, I can be reached at (651) 322-
2052.
Sincerely,
6ap-e.-�
Rick Pearson
City Planner
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PERTY D NUMBER: 3443800-13G-14
OWNER MARGIE M RYAN LIVING TRUST
GAONNAME: 'GENLRYAN
14745 ROBERT TR S
ROSEMOUNT MN 550683127
)PERTYADORESS: 14745 ROBERTTR S
ROSEMOUNT MN 55068
'ABLE 19W TAXES
r TAX 11.763.96
'CIAL ASSESSMENTS: MOO
' AL TAX d SA:. 11,763.98
FABLE 2000 ASMNT USAGECOMMERC&AL- PREFERRED
SITE MAP
1999 ESTIMATED MARKET VALUES (PAYABLE 2000)
LAND: 756600 LOT SIZE (EXCLUDES
BUILDING: 210.900 ROAD EASEMENTS)
TOTAL 294.500. 35.38130 FT
SCHOOL DISTRICT. 196 0.61 ACRES
LOCATION: NEW SWtt4 SECTION 29-115 -19
PAYABLE 2000 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE
DATE AMOUNT:
1999 BUILDING INFORMATION (PAYABLE 2000):
TYPE
WHSE.STRG
YEAR BUILT
1952
ARCF9STYLE
FOUNDATION SO FINOT APPL
FINISHED SO FT
13497
BEDROOMS
0
BATHS
3
FRAME
C- CONCRETE
GARAGE SO FT
0
OTHER GARAGE
MISC SLOG
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PLAT NAME: AUDITORS SUBOMSION NO 27
TAX DESCRIPTION: PT OF LOT 14 COM ON S LINE
MAPLE ST958.5 FT S OF NE
COR SW 114 W 200 FT S 290
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PLATNAME: EVENSON 19T ADDITION N
NOTI O Iaadid to rrr�t foot TAX DESCRIP ION: 11
Cappgd 1990. 04ilaoli Cash
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SITE M
1999 ESTIMATED MARKET VALUES (PAYABLE 2000)
1999 BUILDING INFORMATION (PAYABLE 2004
20PERTY.ID NUMBER' 34-24850'010-01
TfPE
SERVC GAR
-:E OWHEFt
JOHN F 14 MARGIE M RYAN
77,000 LOT SIZE (EXCLUDES
BUILDING: 153.000 ROAD EASEMENTS)
YEAR BUILT
ARCHfS
1948
3MMON NAME
GENZiRYAN
3465143RD ST W
TOTAL 230.600
36.718 SO FT
FOUNDME
FATION SO F1rlOT APPL
OUND
ROSEMOUNT MN 6506SA090
SCHOOL DISTRICT: 186 0.S4 ACRES
FINISHED SO FT
BEDROOMS
9880
0
ROPERTY ADDRESS:
14753 ROBERT TR S
LOCATIOtk SE114 SW114 SECTION 2911519
BATHS
FRAME
C- CONCRETE
ROSEMOUNT MN SSW
2000 HOMESTEAD STATUS: NON HOMESTEAD
GARAGE SO FT
0
AYABLE 1999 TAXES
PAYABLE
OTHER GARAGE
MISC BLDG
WATERSHED DISTRICT: VERMILLION RNER
IETTAX
8.919.08
VECIAL ASSESSMENT& 0.00
LAST QUALIFIED SALE
'OTAL TAX S SA:
8,919.06
DATE: AMOUNT:
'AYASLE 2000 ASM HT
USAGE COMMERCIAL- PREFERRED
N WM
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..,
PLATNAME: EVENSON 19T ADDITION N
NOTI O Iaadid to rrr�t foot TAX DESCRIP ION: 11
Cappgd 1990. 04ilaoli Cash
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PROPERTY 10 NUMBER 34 248SM2001
FEE OWNER: DAVID LAWSON
445 CRYSTAL LAKE RD E
BURNSVRLE MN 55306 -5061
PROPERTY ADDRESS 1 NT MN 55068
PAYABLE 1999 TAXES
NETTAX; 5.314.34
SPECIAL ASSESSMENTS: (100
TOTAL TAX i SA: 5.314.34
PAYABLE 2000 ASMNT USAGECOMMERCIALrFREFERRED
SITE MAP
1999 &VIMATED MARIW VALUES (PAYABLE 2000)
LANG: 53,300 LOT=(EXCLUDES
BUNDMG: 102.200 ROAD EASEMENTS)
TOUT. 20.395 SO FT
SCHOOL DISTRICT: 196 0.47 ACRES
LOC MM SEV4 SW W SECTION S-1 1.5-19
PAYABLE 2000 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHEDDISTRICT VERM"N RIVER
LAST QUALIFIED SALE
OATS AMOUNT
1999 BUILDING INFORMATION (PAYABLE 2000k
TYPE
RETAIL STR
YEAR BUNT
1954
ARCHISTYLE
FOUNDATION SO FINOT APPL
FINISHED SO FT
6698
BEDROOMS
0
BATHS -
2
STEEL
FRAME
GARAGE SO FT
0
OTHER GARAGE
MISC BLDG
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TAX DESCRIPTION 21
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SITE MA
1999 ESTIM M MARKET VALUES 0'AYABM2=)
1999 BU%DM WfORMA=H (PAYABt.E MM*
tOPERTY NUMBER 31-2 850.0.90-01
TwE
SERVC GAR
M OWNER: STEPHEN JENSEN
LAND: 63,400 L0TSO2:{EXCLUDES
BUILDS 34.200 ROAD EASEMENTS)
YEAR BUILT
1966
3MMON NAME: NAME MASTERTRANSMISSION
ROBM TR S
TOTAL 9700
77.234 SO FT
ARCWSTYLE
FOUNDATION SO F1N0T APPL
0
MN 550683106
SCHOOL DISTRI . 196 0.63 ACRES
FINISHED SO FT
BEDROOMS
3059
0
AYABLE 1999 TAXES
LOCATION: SEV4 SW V4 SECTION 29- 115.19
BATHS
FRAME
1
SSTHEL
ET TAX 3211116
PAYABLE 2000 HOMESTEAD STATUS: NON HOMESTEAD
GARAGE SO FT
OTHER GARAGE
0
PECIALASSESSMENTS: 0.00
OTAL TAX S SA: 3.28316
WATERSHED OaTRICr VERMR=N RIVER
MLSC BLDG
AYABLE 2000 ASMNT USAGECOMMERCIAL-PREFE MI)
LAST QU AUFIED SALE
DATE 10194 AMOUNT: 417015
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distances for vehicles approaching intersections. Fences not exceeding
eight (8) feet in height are permitted in all Commercial Districts except
along property lines adjacent to Residential Districts. All fences located in
recorded easements are the sole risk of the property owner; and the cost of
any removal, relocation, or placement of said structures caused by any
activity permitted in said easements is the sole responsibility of the property
owner. Link fences shall be constructed in a manner that no barbed ends
shall be at the top. Barbed wire and electic boundary fences not exceeding
s i x (6) feet in height shall only be permitted in the AG, AG P, and RR
Districts when related to agricultural or permitted uses relative to animal
husbandry. (Ord.. B -21, 6- 16-92)
f. Picnic shelters, gazebos, pool houses, stairs, fire escapes and
recreation equipment may be placed only in side or rear yard areas and
shall conform to the requirements of subsection 7.2.A.6. Accessory
Buildings.
g. Satellite Dishes in 6 W Districts shall not be closer than ten feet
(10 from a side or rear lot line and shall not be placed in front or street
front yards. (Ord. B-33, 10- 19 -93)
h. Security fences not exceeding eight feet (8') in height are
permitted in the IG and wM Districts. Barbed wire, not exceeding three (3)
strands, may be permitted on top of the fence, providing the arms do not
project over the public right of way or any adjacent public or private
property. The minimum height of the bottom strand of barbed wire shall
not be less than six feet (6') from finished grade. In all cases where a
barbed wire security fence is requested, an application shall be made to the
Building Official. A Certificate of Insurance indemnifying the City shall be
submitted with the application subject to the approval of the City Attorney
as to form and in an amount as set forth in Minnesota Statutes Section
566.04. (Ord. B-21, 6- 16-92)
2.` Required Side and Rear Yard Enlargement:
a. Corner Lots: where a side yard abuts a street which is adjacent
to the front yard of one or more residential lots on the same block, such
side yards shall meet the front yard setback requirement of the district. The
same yard dimension determined for such a side yard shall apply to
structures in the rear yard.
b. Through lots shall provide the required front yard on both streets.
City of Rosemount
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