HomeMy WebLinkAbout7. Appeal of Variance Denial - Rosemount Woods Cabinet Shop . • r � � � . . ���
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' CITY OF ROSEMOUI�TT
EXECUTIVE SUMMARY FOR ACT'ION
CITY COUNCII.MEETING DATE: July 1, 1997
AGENDA ITEM: Appeal of Variance Denial - AGENDA SECTION:
Rosemount Woods Cabinet Shop Public Hearing
PREPARED BY: Dan Rogness, CommunitX Development Dir. AGENDA NQ7'C� ��
� � c
ATTACHMENTS: Minutes and Planning Commission(Board of APPROVED BY:
Appeals and Adjustments) reviews (5-27-97)
Applicant: R. Duane Michalski (owner)
Location: 14640 Diamond Path
Area in Acres: 1.2
Current Zoning: Industrial Park
Comp. Guide Plan: Urban Residential
Planning Commission Action: Variance denied (2-1); Site Plan conditionally approved (3-0)
SUMMARY
On May 27, 1997, the Planning Commission reviewed and conditionally approved a site plan for a 3,200 sq. ft.
Expansion of the Rosemount Woods cabinet shop. The northern wall of the eYisting building which was to be
extended for the addition needed a variance for a five foot side yard setback encroachment. The Planning
Commission acting as the Board of Appeals and Adjustments discussed the variance after conducting the public
hearing as required. Two Commissioners stated that the variance was for cosmetic reasons and that no hardship
was demonstrated to support the variance. The remaining Commissioner felt that the variance was justified.
Mr. Michalski was willing to`jog"the new north wall five feet south, but decided to appeal the variance denial in
order to remove the non-confornung status of the e�sting north wall.
RECOMMENDED ACTION: Motion to overturn the decision of the Board of Appeals and
Adjustments for the five foot side yard setback variance request for
14640 Diamond Path.
- or-
Motion to uphold the decision of the Board of Appeals and Adjustments
regarding the five foot side yard setback variance request for 14640
Diamond Path.
COUNCIL ACTION:
.
� � � .
June 3, 1997
Rosemount City Council
On May 27, 1997 the Rosemount Planning Commission conditionally approved the site nlan
concerning an addition for the Rosemount Woods cabinet shop. The approval left the existing
part of the building a nonconforming structure. As we understand that status it means that if
the north part of the existing building were to be damaged more than fifty percent due to a fire
or storm that the building would haved to be moved five feet further to the south. That presents
a particular hardship when you consider the expense of building concrete padding and moving
the brick and block building with its steel roof structure a mere five feet. Shortening the width �
by five feet is not an option as the building process within the structure breaks down with the ''
compression of the building by five feet. It also compresses the parking to the south and the ',
drainage pond. '
We,therefore, request that the City Council overturn the decision of the Planning Commission
to have the existing building be a nonconforming structure. The Planning Commission approved
the additition if it jogged out to the south at the point of the new addition. We would consider
a jog in the construction if the eusting building were to be a conforming structure. While we
ha.ve not conferred with our architect, a jog in the building may present a natural, esthetic way
to comply with city's exterior building requirements.
Thank you for your consideration.
��' -'--`—,,,,,_� �.��,
R. Duane MichaLski
�resident
Rosemount Woods, Inc.
A�CElV�D
JUN�51997
CITY Ur nv�►c�t�NT
.
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Planning Commission
Regular Meeting Minutes
May 27, 1997
Page 2 �,
multi-family units. Related to the Livable Communities Act, Rosemount is behin ' oals '
established or en ' usin . The information stimates has been ',
provided to the Planning Commission f ' followed by further discussions as �I
stve uide Plan update process. ',
Public Hearin�: Rosemount Woods, Inc. Site Plan Review & Variance I!,,
Chairperson Droste opened the public hearing for the Rosemount Woods, Inc. Site Plan Review and
variance. The recording secretary has placed the Af�fidavit of Publication and Affidavit of Mailing
and Posting of a Public Hearing Notice on file with the City.
Mr. Pearson summarized the Site Plan Review and variance requested by Duane and Diane
Michalski, owners of Rosemount Woods, Inc., for expansion of their cabinet shap. The expansion
consists of an addition to the rear of the building. The existing building is non-conforming in that it
has a side yard setback encroachment of five feet on the north side. A variance is needed for the
addition to line up with the existing building. Without a variance, the addition will have to be shifted
five feet to the south or the plan otherwise modified. Additional landscaping is required by
ordinance, plus, if the variance is granted, additional plantings along the north side of the building to
buffer the building from the neighboring residential area.
Chairperson Droste opened the floor to the applicant. Present was Diane Michalski. Ms. M'ichalski
responded that the five foot jog or other modifications to the plan have not been considered and
would have to be discussed with their architect. Ms. Michalski further indicated the additional
plantings required by the City are no problem.
Chairperson Droste recessed the Planning Commission hearin�, opened the Boazd of Appeals and
Adjustments and opened the Public Hearing.
Chairperson Droste opened the floor to the public. There were no comments.
MOTION by Droste to close the Public Hearing. Seconded by Shoe-Corrigan. Ayes: Weisensel,
Droste, and Shoe-Corrigan. Nays: 0. Motion carried.
Commissioner Weisensel commented that the applicants have not shown that they would be
adversely affected if the variance is not granted. The purpose for the variance appears to be solely
for cosmetic reasons and not due to any hardship to the business. The appiicant has the option of
changing the layout of the addition or moving the parking lot
Commissioner Shoe-Corrigan also felt there would be no undue hardship to the applicant if the
variance is not granted. Further, the five foot jog in the building would create a logical break in the
facade.
Commissioner Droste indicated that, by granting the variance, it would legitimize the building and
make it conforming. Additionally, the additional piantings along the north side of the building would
create additionai buf�'er to the residential district. These additional plantings would not be required
� � Ptanning Commission
Regular Meeting Minutes
May 27, 1997
Page 3
without the variance. Granting of the variance would not be detrimental to the surrounding
property owners.
MOTION by Shoe-Corrigan to deny the five foot side yard set back variance for the northern
building elevation. Seconded by Weisensei. Ayes: Shoe-Comgan and Weisensel. Nays: Droste.
Motion carried.
Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning
Commission hearing.
Commissioners discussed the screening by vegetation of the dust collector, an enclosure built of the
same materials as the building for the dumpster area, and the eacternal upgrade of the building. Ms.
11�1'ichalski indicated they did not object to the external upgrade and the requirements to bring the
building up to code.
Chairperson Droste opened the Public Hearing. There were no comments.
MOTION by Droste to close the Public Hearing. Seconded by Shoe-Comgan. Ayes: Shoe- '
Corrigan, Weisensel, and Droste. Nays: 0. Motion carried. '
MOTION by Shoe-Corrigan to approve the site plan for the Rosemount Woods building addition ,
subject to: 1) Conformance with 7.1 Dimensional Standards of the Zoning Code; 2) Conformance I
with Section 8.3, landscaping requirements for a minimum of 8 trees and 20 shrubs(or equivalent); ',
3) Conformance with Section 7.2, building type and construction; and Section 8.l, off street parking �
and loading requirements for screening, striping and curb & gutter; 4) conformance with all �
applicable building and fire codes and payment of all associated fees as required. Seconded by
Weisensel. Ayes: Weisensel, Droste, and Shoe-Corrigan. Nays: 0. Motion carried.
The applicant was advised of the right to appeal the denial of the variance.
lic Hearin : Hen & Juliet Marotzke AQricultural Lot S lit &
Rezon
Chairgerson Droste ope he public hearing for the Henry and 'et Marotzke Agricultural Lot
Split and Rezoning request. T ording secretary has ed the �davit of Publication and
Ai�davit of Mailing and Posting of a ' Heari otice on file with the City.
Rick Peazson presented the request b enry and Julie otzke for an agricultural lot split and
rezoning in order to create a fi cre parcel to build a single- 'I home. This parcel is currently
part of Henry's parents' consisting of 80 acres located between ' a e and Barcardi
Avenues, north of 1 Street and the White Lake area. The property is uti i a tree farm and
is zoned Agri ural Preserve. The Marotzke farm will be left with sufficient acreage main in
the AGP ogram. The five acre parcel will need to be rezoned to Rural Residential. The pro �
lo ' consistent with the standards for the minimum lot size.