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Home My WebLink About6. JoAnn & Marlin Rechtzigel Appeal of Board of Appeals Variance Denial 14727 Clayton Avenue , ` City of Rosemount Executive Summary for Action City Council Meetiag Date: June 6, 1995 Agenda Item: JoAnn & Marlin Rechtzigel Ageada Sectioaz Appeal of Board of Appeals PUBLIC HEARING Variance Denial (14727 Clayton Avenue) � � .� Prepared By: Richard Pearson Agead�� Assistant Planner Attachments: P.C. Memo; 5/9/95 P.C. Approved By: Meeting Minutes; Mailing Notice; Mailing List . '� Mr. and Mrs. Rechtzigel have requested an agricultural lot division that was dependant upon the granting of three variances . On May 9, 1995, the Planning Commission acting as the Board of Appeals and Adjustments denied the variances and subsequently, recommended denial - of the lot division. The location of the proposed division is on the southwest corner of CSAH 42 and STH 52 . The Rechtzigels own approximately 90 acres of agriculture land between STH 52 and the abandoned railroad right-of- way to the west . The purpose of the division is to create a ten acre parcel for the Rechtzigel � s house. and a boat shed. The remaining 80 acres would contain the barn, milkhouse and other agricultural buildings. A son would ultimately build a new house for the farmstead. Three variances are needed to approve of the division. A lot width variance for 200 ft. of frontage to CSAH 42 instead of 300 ft. is necessary. CSAH 42 provides the frontage because it is the appropriate access location and the narrowest street dimension. Two side yard setback variances are necessary because of the proposed division line that splits the distance between the boat shed and the adjacent milkhouse. The desire to include the boatshed with the house parcel causes the division line to jog four times to evenly divide the property containing the buildings. Planning Staff is of the opinion that there are no alternatives that would reduce the number of variances, given the desire to include the boatshed with the residential house. In addition, the desire to create a no less than ten acre parcel to maintain the green acres tax reduction program does inhibit flexibility. The Planning Commission discussed the variances and the proposed lot at length and concluded that the division required too many variances for which approval could be recommended. Acting as the Board of Appeals and Adjustments, the Planning Commission denied the variance because of the inability to meet the five findings based upon hardship required to grant a variance in Section 15 .2 G of the Zoning Ordinance. Recoa�ended Action: MOTION to uphold the decision of the Board of Appeals and Adjustments to deny the variances requested for the Rechtzigel Agricultural lot division. City Council Action: 06-06-95.005 C I TY O F RO S E M O U N T z875 C145tHSAt eet West P.O.Box 510 � � �EV2t" t�'llll S COt711P1 U ROSC'1'1�OUl"lt�� Rosemount,MN � � � �� _ y g� g p 55068-0510 Phone:612-423•4411 - fax:612-423-5203 TO: Board of Appeals and Adjus�ments FRONI: Richard Pearson, Assistant Planner DATE: May 4, 1995 5UBJ: May 9, 1995 Scheduled Public Hearings Item 8 ATTACHMENT5: Survey, public notice 8. PUBLIC HEARING: Variance Petition -JoAnn and Marlin Rechtzigel 14727 Clayton Ave. Mr. and Mrs. Rechtzigel have requested the Agricultural lot division previously detailed in item 6b. The proposed lot division depends upon three variances; 1. Lot width variance of 130 feet (300 ft. required) -proposed 170 ft. width; 2. Side yard setback of 119 feet (30 ft. required) - proposed setback of 18.1 feet for accessory structure; and, 3. Side yard setback of 12 feet (30 ft. required) - proposed setback of 18 feet for accessory structure. As previously discussed, the proposed division was drawn to evenly split property between buildings in an effort to minimize variances and to avoid bisecting buildings with property lines. Other alternatives had been discussed and found to be even less desirable than that which is proposed. One aspect of the request that increases the challenge is the desire to create a ten acre parcel for tax purposes. 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 detrimensal or injurious to properry 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 properry in a manner similar to other owners in the same district. S. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. � Printed on recYcled paPe� mntaining 30�0 post-consumer marerials. May 9, 1995 Board of Appeals and Adjustments - Rechtzigal Variance ' Page 2. DISCUSSION The request will result in a truncated lot that is ten acres in size to satisfy green acres requirements for tax reduction. It is questionable whether the created parcel will be a viable agricultural uae. Given the long term trends regazding land use evolution in the vicinity, it is even more doubtful to consider the proposed parcel viable for industrial or even commercial uses. If the Board of Appeals and Adjustments agrees with these comments than the first fmding cannot be made in support of the variance. Strict interpretation or enforcement of the ordinance would likely result in a variance of some type no matter how large or small. The pro�cimity of the house to the boundary line for ST�I 52 inevitably would result in variances to Agriculture lot standards. The only way to avoid vaxiances would be to crea.te a lot for a new house that could be placed anywhere. Relative to the third fmding, the only unique aspect of the proposed lot is that it is a corner lot with limited flexibility because of the location. Most Agricultural divisions have a higher degree of flexibility because of large acreages and frontages. This is the first Agricultural division in three years that has required one or more variances. The process is usually applied to farms with two e�sting dwellings resulting from extended family residence. The granting of variances would not result in a use not otherwise permitted in the district. CONCLUSION If the Board of Appeals and Adjustments is inclined to grant the variances, the lot width variance is the only one affected by the pro�cimity of the STH 52 right-of-way. The situation causing the request for side yard setback variances could occur under any circumstances where a farmsite is being subdivided. The Board of Appeals and Adjustments has the ability to condition a variance on the removal of one or more accessory buildings. RECONIlVIENDATION MOTION to deny the variance to side yard setback criteria as requested. �_ __ ... ____ ___. .. _ . ._. ...._.�....�..r..._._ _ _ _.._ � . _�.._,...._ . __ _.. _ _ . ._ __.�._.____ May 9, 1995 Regular Planning Commission Meeting Page Three Mr. Bruce Pylkas of 12995 Bengal Avenue suggested to the Commission the possibility of disputed property boundary areas, the possibility of a lot combination and the concern with distances to wells. Ms. Carol Beckman of 2090 130th Way voiced her concem with the storm water run-off that runs through and stands on the Hanson property. There were no further comments from the audience. Chairperson 1VIcDermott closed the public hearing. Discussion ensued regarding the design and installation of the septic system for the proposed residence. Concerns were that the septic system would be adequately designed and not affect the surrounding properties. The Commission requested that Mr. Hanson obtain a perc test and design supporting an adequate segtic system. MOTION by McDermott to continue the Public Hearing until June 13, 1995. SECOND by Ingram. Ayes: DeBettignies, Tentinger, McDermott, Ingram, Droste. Nays: 0. �------�j. PUBLIC HF�RING TO�iNN&MARi�r1 RFrHT I FI V I N F TITTON TR TR ETBA K Chairperson McDermott opened the public hearing for comments regarding the JoAnn & Marlin Rechtzigel Variance Petition. The recording secretary had in her possession affidavits of Publication and Posted and Mailed Hearing Notice. Chairperson McDermott recessed the public hearing at 7:40 p.m. to obtain proper recording equipment. The meeting was reconvened at 7:47 p.m. Planner Pearson apprised the Commission of the Rechtzigel's petition for variances for lot width and side yard setbacks. Petitioners informed the Commission that their son intends to purchase the farmstead. The variance is to partition off 10 acres, including the house and boat house for the petitioners use. The reason for the configuration is to include an access and driveway from CR42. There were no further comments from the audience. Chairperson McDermott closed the public hearing. The Commission expressed concem for the multiple variances requested including proposed lot line division, the setbacks, and the lot width which provides access and frontage on County Road 42. The Planning Commission asked the petitioners if they were willing to compromise in an effort to reduce the number of variances. The petitioners indicated an unwillingness to compromise. MOTION by Tentinger to deny the variance to side yard setback criteria as requested. SECOND by DeBettignies. Ayes: Tentinger, McDermott, Ingram, DeBettignies. Nays: Droste, Planner Pearson informed the petitioner of the appeal process. Chairperson McDermott closed the Board of Appeals and Adjustments and reconvened the May 9, 1995 Regular Planning Commission Meeting at 8:30 p.m. .. . ,r ..�,.,,� _ _ _ _ ..�.. .� 4 �: :... r � j -,_ — •...:_,f.—r�..._.. �.—,._..w.n....�.�.,... . . May 9, 1995 Regular Planning Commission Meeting ' ' Page Four � RECHTZIGEL AGRI t(. TR . DNI ION F Ob::�'NDATIOI`' Planner Pearson advised the Commission of the proposed Rechtzigel Agricultural Subdivision. An agricultural lot split is requested that would create a separate ten acre lot for a house and a shed. The remaining 80 acres would contain a barn and other accessory farm buildings that would be sold to their . son who would build a new house on the farm site. The Commission discussed the variances that would be required in order for this division to transpire. MOTION by Tentinger to not proceed with approval of any of the conditions set forth on recommended action. SECOND by McDermott. Ayes: McDermott, Ingram, DeBettignies, Tentinger. Nays: Droste. MOTION by McDermott to adjourn. Second by Droste. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 8:54 p.m. Respectfully submitted, �c:��c.�.-G�"rl�-�S % Maryann Stoffel Recording Secretary . � C1TY OF R�SEM�U NT Z8�5-`;TMthAeetW�t a,<<� `'--� P.O.Box 510 _�,� � Ever thin s Comin U Rosemount!! Ros�mo�nt,MN y 9� 9 p 55068-0510 .. . Phone:6 t 2-4Z 3-4411 Fax:612•4Z3-5203 _ Public Notice APPFAL OF VARIANCE DENIAL- RECHTZIGEL PROPERTY 14727 Clayton Avenue East, Rosemount, MN TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public heari.ng to consider the item listed below on �esdav. Tune 6, 1995 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 5:00 p.m., or as soon thereafter as possible. This public hearing pertains to property located at 14727 Clayton Avenue East, legally described as follows: The Southeast Quarter (SE1/�) of Section 25, Township 115, Range 19, Dalcota County, Minnesota, lying easterly of the westerly zight-of-way line of the former Chicago and Northwestern Transportation Company railroad. Subject to easements for rights-of-way for State Highway No. 52 and Dakota County Road Na 42. The purpose of this hearing is to consider an appeal of a variance denial decision made by the Board of Appeals and Adjustments as specified in Section 15.3 of Ordinance B - Ciry of Rosemount Zoning Ordinance. Persons wishing to comment on this issue are invited to attend and be heard at the Tuesd�X,, Tune 6, 1995 City Council Meeting at 8:00 p.m. Formal written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the Planning Division of the Community Development Department. Dated this 16th day of May, 1995. i, % � . Su M. Walsh ity Clerk City of Rosemount Dakota. County, Minnesota. . . � Pnnted�ana+nr�eda,pe. :onrainirtq 30°� �t�ost<o�wmwmarenai�. ,, 34 02500 010 01 34 02500 010 06 34 02500 011 07 DENNIS D. &GAYLE OZMENT DANIEL G. CLARKE MYRON E. &RUTH L. NAPPER 3275 145TH ST. E. 3405 145TH ST. E. 3381 145TH ST. E: ROSEMOUNT MN 55068-5909 ROSEMOUNT MN 55068-5915 ROSEMOUNT MN 55068-5917 34 02500 012 07 34 02500 011 14 34 02500 012 14 KENNETH &BARBARA ANCaERMAN DALE& MARLYS J. HELWIG DAVID A JR LANDGREBE' 1351 23RD ST.W 8851 BACARDI AVE.W. 3175 145TH ST. E. HASTWGS MN 55033-3244 INVEfi GROVE HGTS MN 55077 ROSEMOUNT MN 55068-5919 34 65900 010 01 34 65900 020 01 34 65900 030 01 GLENN W. &VERA KASSUBE ROLLAND J. &DIANNE SACHS GARRY G. &DARLENE KASSUBE 3147 145TH ST E 3155 145TH ST. E. 3151 145TH ST. E. ROSEMOUNT MN 55068-5919 ROSEMOUNT MN 55068-5919 ROSEMOUNT MN 55068-5919 34 03000 010 40 34 03000 013 35 34 03000 010 69 THE SOLBERG CONST CO. MARLIN &JO ANN RECHTZIGEL EARL&GERDA KNODT 13245 CLAYTON AVE. 14727 CLAYTON AVE E 15150 CLAYTON AVE E ROSEMOUNT MN 55068-2720 ROSEMOUNT MN 55068-2214 ROSEMOUNT MN 55068-2234 34 03600 010 01 REGENTS OF U OF M EARL&ALLEN BESTER C/0 REAL ESTATE OFFICE VIC WENZEL&COUNTY DRUG 16549 145TH ST. SHOPS BLDG, STE 101 RAIDED TRAILOR ROSEMOUNT MN 55068 319 15TH AV SE MINNEAPOLIS MN 55455-0199 9 * _ . >� y � * � ,r; ' C I TY O F RO S E M O U N T 2875 CITYtHA eet West P.O.Box 510 EV2J' tf11C1 s Comin U ROSemOUnt!! Rosemount MN y g� g p 55068-0510 Phone:612-423•4411 Fax:612-423-5203 Affidavit of Mailed and Posted Hearing Notice AGRICULTURE LOT DNSION: RECHTZIGEL PROPERTY (14727 Clayton Avenue East) STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On May 4, 1995 acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Off'ice, Rosernount, Minnesota., a copy of the attached notice of a Public Hearing for consideration of a request for an Agricultural Lot Division at 14727 Clayton Avenue East, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. �_. .��-�=-�� su an M. w City Clerk City of Rosemount Dakota County, Minnesota Subscrib d d sworn to before me this � d of 1995. e an , , _ , Q.J Notary Public � DONNA l.QUiNTU$ N01ARY PltBi.iC—MtNI�SfftA DAKO'fA COUNTY � Mly Cor�rn.Expiras.lan.31,2000 � � � �Printedonrecycledpaper . � . � . . . .� containing30% poshmnsumer materiau. ..,: CITY OF ROSEMOUNT 28�5-`�TMt"AeetWest P.O.Box 510 Ever thin s Comin U ROSE'mOurlt!! Rosemount,nnN y g� g p 55068-0510 Phone:612•423-4411 Fax:612-423-5203 Public Notice : AGRICULTURE LOT SUBDIVISION - RECHTZIGEL PROPERTY 14727 Clayton Avenue East, Rosemount, MN TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the item listed below on Tuesday,�v lb, 1995 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m., or as soon thereafter as possible. This public hearing pertains to property located at 14727 Clayton Avenue East, legally described as follows: The Southeast Quarter (SE1/4) of Section 25, Township 115, Range 19, Dalcota County, Minnesota, lying easterly of the �vesterly zight-af-way line of the £ormer Chicago and Northwestern Transportation Company railroad. Subject to easements for rights-of-way far State Highway No. 52 and Dalcota County Road No. 42. The purpose of this hearing is to consider a request for a lot division of property in the Agriculture District resulting in one ten-acre parcel and one 80-acre parcel. Persons wishing to comment on this issue are invited to attend and be heard at the TuesdaX., MaX �..(z, 1995 City Council Meeting at 8:00 p.m. Formal written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the Planning Division of the Community Development Department. Dated this 3rd da.y of May, 1995. , / �� «..,� L•% �G ,ee_��f%.-� Su M. Wal , City Clerk City of Rosemount Dakota County, Minnesota r � o 0 ��. �o��.�c�d �o C�0�0�� Printed on recKled PaPer . . � � confainin¢30a� postronwmer materiak: . .. _.. _� ___�- , �_.._.._....�..�-.--=�-= w. . ..M� .�._,..�.._..- _ .. C1TY HAIL C 1 TY O F RO S E M O U N T z875—145th Street West "y� �^� P.O.Box 510 - Rosemount.MN � � Everything's Coming Up Rosemount.►! 5so6$-o5�0 ,� Phone:612•423-4411 Fax:612•423-SZ03 Public Notice AGRICULTURE LOT SUBDMSI4N -RECHTZIGEL PROPERTY 14727 Claytan Avenue East, Rosemount, NIN TO WHOM IT iVL�Y CONCERiv: No'r�cE Is H�Y G�� the City Council of the City of Rosemount will hold a public hearing to consider the item listed below on T..��a�•T Mav 16 192 t in�e Council Chambers of the City �iall, 2875 145th Street West, beginning at $:00 p.m., or as soon thereafter as possible. This ' hearin ertains to property located at 14727 Clayton Avenue East, legallY described as pubhc g P follows: The Soutlleast Quarter (SE1/�) of Sectian 25, Township 115> �O�eT D�at o and � Minnesota, lving easterly of the�vesteriy right-of-way line of the g North�vestern Transportation Company railxoad. Subject to easements for rights-of-way for Scate High�vav No. 52 and Dalcota Counry Road No. 42. 'The purpose of this hearing is to consider a request for a lot division of property in the Agriculture District resulting in one ten-acre parcel and,one 80-acre parceL rsons wishing to comment on this issue are invited to attend and be heard at the T�esdav M� Pe �6- 1995 City Council Meeting at 5:00 p.m. Formal written comments will also be accepted prior to the meeting date. Please forward al1 comments and inquiries to the Planning Division of the Communiry Development Department. Dated this 3rd da.y of May, 1995. c u�..Z.� ' . ��c_��I�c! , Sus M. Wa1 , City Clerk City of Rosemount Dakota County, Minnesota . . �.��o��,�� ,��a 3a-� ,�ast.rrmsumer marmai�. -._ , ; . - 34 02500 010 01 34 02500 010 06 34 Q2500 0y 1 07 DENNIS D. &GAYLE OZMENT DANIEL G. CIARKE MYRON E. &RUTH L. NAPPER 3275 145TH ST. E. _ 3405 145TH ST. E. 3381 145?H ST. E. ROSEMOUNT MN 55068-5909 ROSEMOUNT MN 55068-5915 ROSEMOUNT MN 55068-5917 34 02500 012 07 34 02500 011 14 34 02500 012 14 KENNETH &BARBARA ANGERMAN DALE &MARLYS J. HELWIG DAVID A JR LANDGREBE 1351 23RD ST.W 8851 BACARDI AVE.W. 3175 145TH ST. E. HASTiNGS MN 55033-3244 INVER GROVE HGTS MN 55077 ROSEMOUNT MN 55068-5919 34 65900 010 01 34 65900 020 01 34 65900 030 01 GLENN W. &VERA KASSU$E ROLLAND J. & DIANNE SACHS GARRY G. &DARLENE KASSUBE 3147 145TH ST E 3155 145TH ST. E. 3151 145TH ST. E. ROSEMOUNT MN 55068-5919 ROSEMOUNT MN 55068-5919 ROSEMOUNT MN 55068-5919` 34 03000 010 40 34 03000 013 35 34 03000 010 69 THE SOLBERG CONST CO. MARLIN &JO ANN RECHTZIGEL EARL&GERDA KNODT 13245 CLAYTON AVE. 14727 CLAYTON AVE E 15150 CLAYTON AVE E ROSEMOUNT MN 55068-2720 ROSEMOUNT MN 55068-22t4 ROSEMOUNT MN 55068-2234 34 03600 010 01 REGENTS OF U OF M EARL&ALLEN BESTER C/O REAL ESTATE OFFICE 16549 145TH ST. SHOPS BLDG, STE 101 ROSEMOUNT MN 55068 319 15TH AV SE MINNEAPOLIS MN 55455-0199 . . Rosemount Town Pages AFFIDAVIT �F PUBLICATION Krisdn Franck,being duly sworn, on oath says that she is an authorized Pnblic Notice agent and employee of the publisher af the newspaper, known as The AGRICULTURE LOT SUBDMSION= Rosemount Town Pages, and has full lmowledge of the facts which are RECH'1ZtGEL PROPERTY stated below: la��e,no�„x a�v� (A)The newspaper has complied with all of the requirements constituting qual�cation as a legal newspaper, as provided by Minnesota Statues TD�ObI1TMAYCONCHRN: 331A.02,331A.07 d oth r applica�ws,as amended. r�oa�cs rs x�xss�r�msr�n,,c�,,c��„ o , (B)The PIlII� ��y� �(�`�,1i.:C> �ey of xoa�mowc w,7t Low a pobLo hs�pg to oovdaa t6e iiem Iieted belovr�1Leada�.Mnv 16.2995{u Wo Couucil C6�bera of the C5ty f�all.yg7S 145th Straet � Weab begiming at 8:OD p.m,.or y aoou t�e�m � poesfbk. Tms public hearia8 P��o Ropttty lawfed at 14727 ClayWu Avenne East.kgally desciibed aa which is attached, was cut from the columns of said newspaper, and was ��°°`'°' printed and published once each week for � successive 'i'�s��cseua>�s�as,To.,.�.u;, I ls.Ran�e 19�Dakota Comry.I��eaaa.lying e�krly w eks; it was first,published on Friday, the � day of or,��,a�n�.�e-�Y�a�r,�,��,�,� the �" .�� , 19`�� and was thereafter printed and published on N��oo c.��a s��,,, ever Frida , to and i�cl din Frida , the � '� da of `°�"�rng6i¢°�`°'YfarStsee1��'x°.�� ' Y Y l�, g Y Y n�aa��x�erro.as. "r _, 19"`:h; and printed below is a copy of the lower case a habet from A to Z, both inclusive, which is hereb ��`oft°"''�'°e��°�""��''°` Y r�r,n w�.��m�n;.�a«,�ut�m acla►owledged as being the size and kind of type used in the compasition °n'c°��'°°'��-��L and publication of the notice: 1�="ons pishins to�a�enc on uris iawe ue inrited ro aqend md be hard at the 1Lmdsv Mav 16.1995 q��y Coandl Meeting at 8:00 pm Formal writoen o�menu ��f8�7��'a'�4'z wtill abo be ac,�pted pnor w thr meedng date. Plaue 't forwud aA com�uts and inquiriea to t6e PlanniuE u_' � � - Diviaiou oP tLe Co�ooiry DeveMpmm��ep�� }3 ,�� ,��\i\�. ��`-'�'��..�,. y Tifle:Typesetter n8°��m.s�aa�or�y.i�s. �r s�,�M.w�.n,6�c� Subscribed and sworn to before me on this day ��,�„� of '�..:�.� , s�s n�c�q,� 19�i . � Notary Public . AFFIDAVIT CONNIE E. FIFAREK NOTARY PUBLICrM�NNESOTA MY COMMISSION EXPIRES 1-31-00