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Home My WebLink About3. Larry Newland Variance Appeal . CITX OF ROSEMOUNT E7CECUTIVE SIJMMARY FOR ACTION CITY COL7NCIL MEETING DATE: Novf:mber 6, 1990 P�GEI�TDA ITEM: LARRY NEWLAh'D VARIANCE APPEAL AGENDA SECTION: PUBLIC HEARINGS P�p�D SY: Michael Wozniak, AICP AGEND��}/{ � City Planner � l -�V� � � �� ' Ag�AC�I�TS: Memorandum, Pub.lic Notice/ APPROVED BY: ��i Mailing, � other background information �J A�tached with tnis EYecutive Su;mmary is a memorandum and package of background materials detailing the issues associated with the Variance Appeal of Mr. Larry Newland. r l RECON�iEt�DED ACTION: Motion to deny appeal to Variance denial of Larry Newland on the grounds that his request does not meet the requirements of Section 15 . 2 of Ordinance B (City of Rosemount - Zoning Ordinance. CVi3IJCIL F.C�IOId: Denied the appeal . I c�g P.O. BOX 510 iL�(,� � 2875-145TH ST. W. osernoun� ROSEMOUNT MINNESOTA 55068 612-423-441 1 �0: Mayor Napper, Council Member Klassen, Council Member Oxborough, Council Member Willcox, Council Member �Jiapermann & City Administrator Jilk FROM: 1�:ICHP.EL WOZNIAK, AICP, CITY PLANNER ��'E: October 31, 1990 S��'s �'ovember 6, 1990 - Pub3ic Hearing Lsrry Newland Varianc� Appeal. �tIPIE,EC I:E�iRING - LARRY IdEWLAND VARIANCE APPEAL Mr. Larry Newland, 14590 Biscayne Way West, has requested that the City Cauncil cor.sider his appeal to the Board of Appeals and Adjustments denial of his variance petition to side and rear yard se�bac?� requirements in the R-1 Single Family Residential District, to allow- construction of an accessory building to within 5 ' of rear �nd side lots lines . At its August 28th Meeting, the Board of Appeals and Adjustments denied the variance petition of Mr. Newland on t�e grounds that it did not meet the requirements for variances est�hlis?�ed in Section 15 .2 of the Zoning Ordinance. Att�ched with this review is a package of supporting information. Zo::ing Ordinar.ce requirements for accessory buildings in the R-1 District for buildings over 150 sq. ft. include a rear yard setback r�quirem�nt of 30 feet and a side yard setback requirement of 10 fee-�. The proposed square footage of Mr. Newland' s building is 252 sc�. �eet ( 14 ' x 18 ' ) . Th� City Cour�cil should be advised that Mr. Newland has already c�:��r�c�ed the building. Mr. Newland proceeded with construction despite beir.g advised by Building Official Ron Wasmund that a varia:ce would be required to situate the building as indicated on the «ttached survey. Mr. Newland also proceeded to construct and complete th� project without a building permit. Enclosed with this r�view is a letter from Ron Wasmund ordering Mr. Newland to cease all building activity. lipon denia� of the variance by the Board of Appeals and Adj;zst:�er:ts , Building Of�icial, Ron Wasmund orde �ed the applicant to -remove the structure from the premises or bri�g it into co��oliance witn ordinance reauirements . Mr . Newland failed to co:rply with this order and Ron Wasmund proceeded to issue citations fcr failure to comply with requiremer.ts of the Zon�.ng Ordinance and Buildir�g Code. ihe citations have been considered at an arr�ignment and a pre-trial date has been set for November 13, 1�90 . , i�c��-��r 6, i990 Public Heari�g �,��^g ��w3and Vari�nce Ap�eal �� 'wro l:�c City Attorney has advised staff that the City should follow a timetable which would allow Mr. Newland to appeal the decision to Ci�y Ccuncil, in order that administrative appeals available to the a�pZic�r.t are exhausted prior to rendering of a judgement by the c�ur�. Iz cor.sicering this variance petition the Board of Appeals and Adjust:aents conclu�ed that the request does not meet the following thr�� or tre five requirements necessary to approve a variance: � . Strict interpretation or er.forcement would result in u practical difficulty or unnecessary h�rdship inconsister.t with the inter�t of this ordinance and the Comprehensive Guide Plan. 2 . ihere are exceptional or extraordinary circumstances or conditions applicable to the prop�rty, use or facilities that do not apply generally to other properties in the same district. 3 . Stric� or literal interpretation would deprive the applicant of the use and enjoyment of his prop��ty i:� a manner similar to other property owne�s in the district. in sL::,�-n��1r, �he City Council shouid consider that the building Mr. Newlar:d wishes to construct could be built on his property ar.d meet sc�:a�'.� require:r,ents . The survey provided ir.dicates a location clos�r to th� ;�cme which would meet setback requirements . Mr. I��wl�:d h�.s chosen to disregarci the City of Rosemount Zoning O�air.ar�.:� aad Building Code requirements and has proceeded to ilieg�iiy corlstruct a buildir�g that does not conform to zoning crc�r:anc� standards . S�af� reccrtmends that the City Council concur with �he action of �:c Ecs-�� of �:pp�als and Adjustments and deny the appeal to the varia:�c� dec�sion. If the City Council takes this action, Mr. �T�w��.nc' s cptions are to comply with the requirements of the Zoninc� Orcin4r.ce �r.d State Building Code or proceed with a court c1a11�:aE. I � ��g P.O. BOX 510 ZL� � 2875-145TH ST. W. OS�/�'LOZ�� ROSEMOUNT. MINNESOTA 55068 612-423-4411 AFFIDRVIT OF MAILED AND POSTED HEARING NOTICE Y,ARRY R. NEWLAND - VARIANCE APPEAL (14590 Biscayne Way) ST1�iTE OF MIAiNESOTA ) COUNTY OF DAKOTA ) ss CI'�Y OF ROSE1�tOUNT ) Susan M. Johnson, 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 October 24, 1990, acting on behalf of the said City, _I posted at the_City Hall, 2875 145th _Street _West, and _ deposited in the United States Post Office, Rosemount, Minn�sota, a copy of the attached notice of a public hearing for an appeal to denial of a variance to zoning ordinance side and rear yard setback requirements for ac�essory structures in the R-1 District, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses liste3 with their names . There i� delivery service by United States Mail between the place of mailing and the places so addressed. S an M. Jo n n City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this � �� day of �C.�Qt-��..> , 19 9 0 . � wV�/V�1.��fL1.R . • . . CINDY t3QF�h�I�N � C��A' �\� + 'y' NOTARY PU�Ll�—ri9;��SO7�i d�KO i A(:i;��lT'r �' wry comm. �;�res 4w�.��,tas� tary Pu' ic � vw�n�,wwx P.O BOY. 51C ��1�� Q 2875-145TH ST W. � Oc��u�2 ROSEMOUNT. ti11NNESOTA 55068 �7 L 612-423-441 1 PUBLIC NOTICE E�r� �. �l�w�a�� - 'I�SSE� Biscayr�e 1IVa� Appeal to rieniaZ of Variance Petition �.'�? W:.'OM IT MAY CONCERN: h0^_'T_CE I� HEREfiY GIVEx: the City Council of the City of Rcse^our.t will �zold a P�:alic He�r�n� to cor.s�.de� the item l::s�ed below on Tuesday, ?�ove:nber 6, 1990, in the Cauncil Cr�ar^.bers cf the City Hall, 2875 145tr Street West, �egi�ning at 8 : 00 p.n. or as soon thereafter as possible. T:�e public hearing listed below pertains to the following described propertv: Lot 5, Blcck 1, L'niversity ?�dditicr�. _ __ T�.e purpose of this hearir.g is to cansider �n appeal to der.ial of a variance by the Board of Appeals and Adjustments to zoning ordinance side and rear yard �etback requirements for accessory buildings in the R- 1 Single Family Residential District to allow co�s�ruction c� a 14 ` x i8 ' shed to within f�ve feet of side and rear yard lot ?ir�es . Current zor.ing orcinance side yard setback i� ti:e R-1 District for accessory h�:i�dings is i0 feet. Resr y�rd setback requirement for bail�ings over 120 square feet in size is 30 feet. Such persoas as desire to be heard in reference to this ite� wiil be :�e�rd at t�:is meeting. �G��4 t'r�zs l��i: day o= Octobe�, ?9 9 0 . �,- �^ '��j J , J,� i�/,� ( %r .�,c.�/y.�� . �.::�- S�sa^ N. �c?:r�sor., City Clerk City oz Rosemount D�kota County, Minnesota ; LARRY R. `NEWLAND j14590 Biscayne Way� APPEAL TO VARIANCE DSNIAL - MAILIN4 LI ,;. 1 . City of Rosemount 34-80050-040-00 2875. 145th Street West Rosemount, MN 55068 2 . Dakota County HRA 34-80050-101-00 2496 145th Street West 34-80050-011-00 Rosemount, MN 55068 34-80050-100-00 3 . Regents of U Of MN 34-80050-020-00 c/o Real Estate Office 34-80050-030-00 100 Church Street SE Minneapolis, MN 55455 4 . Raymond & Carol Hartfiel 34-80050-010-01 14530 Biscayne Way Rosemount, MN 55068 5 . Jeffrey A. & Amy L. Bel1 34-80050-020-01 - -- 14540 Biscayne Way Rosemount, MN 55068 6 . ,7ohn L. & Wendy J. Mohs 34-80050-030-01 14550 Biscayne Way Rosemount, MI� 55068 , 7 . Bryon G. Griffin 34-80050-040-01 14570 Biscayne Way Rosemount, MN 55068 E . Larry & Caryll Newland 34-80050-0�0-01 14590 Biscayne Way Rosemount, N�T 55068 9 . Timothy W. & Laurie E. Barnes 34-80050-060-01 14600 Biscayne Way Rosemount, MN 55068 10. Richard L. & Jill Pagenkopf 34-80050-070-01 14620 Biscayne Way Rosemount, MN 55068 11 . Jon D. Scott 34-80050-080-01 14640 Biscayne Way Rosemount, MN 55068 12 . John F. & Catherine M. Feltes 34-80050-090-01 14660 Biscayne Way Rosemount, MN 55068 13 . �hilip N. & Jill M. Bear 34-80050-100-01 1�680 Biscayne Way P.osemount, MN 55068 ` 14. Robert J. & Nancy M. Renny 34-80050-010-02 Y� 14535 Biscayne Way Rosemount, MN 55068 15. Paul G. Wrolstad 34-80050-020-02 14545 Biscayne Way Rosemount, MN 55068 l� . Mark & Connie Merrima� 34-80050-030-02 14555 Biscayne Way Rosemount, MN 55068 :_7 . James R. Steltzner 34-80050-040-02 14574 Biscayne Way Rosemount, MN 55068 18 . Daniel & Cheryll Barnes 34-80050-050-02 14595 Biscayne Way Rosemount, MN 55068 19 . Phillip A. & Julia Thies 34-80050-060-02 - - 14605 Biscayne__Way_ __ _ _ Rosemount, MN 55068 20 . Guy V. & Julie A. Schlak 34-80050-070-02 ' 14615 Biscayne Way Rosemount, MN 55068 21 . Wilson J. & Janice Peterman 34-80050-080-02 14625 Biscayne Way Rosemount, MN 55068 22 . Steven J. & Gale D. Lafavor 34-80050-090-02 14635 Biscayne Way Rosemount, MN 55068 23 . Brian W. & Sherri L. Johnson 34-80050-100-02 14645 Biscayne Way Rosemount, MN 55068 24 . Ronald & Robin Smith 34-80050-110-02 14655 Biscayne Way Rosemount, MN 55068 � 25 . William C. & Rosann Jorde 34-80050-120-02 14665 Biscayne Way " Rosemount, MN 55068 26 . Ena Cisewski 34080Q50-130-02 14675 Biscayne Way Rosemount, MN 55068 Tyakota County HRA Regents of U of MN Raymond & Carol Hartf'iel 2875 145th Street West ' % Real Estate Office 14530 Biscayne Way �tosemount, NIN 55068 100 Church Street SE Rosemount, MN 55068 Minneapolis MN 55455 Jeffrey A & Amy L Bell John L & Wendy J Mohs Bryon G Griffm 14540 Biscayne Way 14550 Biscayne Way 14570 Biscayne Way Rosemount MN 55068 Rosemount, MN 55068 Rosemount MN 55068 Larry & Caryll Newla_.d Timothy W & Laurie E Barnes Richard L & Jill Pagenkopf 14590 Biscayne Way 14600 Biscayne Way 14620 Biscayne Way Rosemoi:nt N:N SSOE 3 Rosemount, MN 55068 Rosemount, MN 55068 3on D Scott John F & Catherine M Feltes Plulip N & Jill M Bear 14644 Biscayne Way 14b60 Biscayne Way 14680 Biscayne Way Rosemount, NIN 554t3 Rosemount, MN 55068 Rosemount MN 55068 Robert J & Nancy M Kenny Paul G Wrolstad Mark & Connie Meniman 14535 Biscayne Way 14545 Biscayne Way 14555 Biscayne Way Rosemount MI�T 55068 Rosemount MN 55068 Rosemount MN 55068 James R Steltzner Daniel & Cheryll Barnes Phillip A & Julia Thies 14574 Biscayne Way 14605 Biscayne Way 14605 Biscayne Way Rosemount iVfN 55068 Rosemount MN 55068 Rosemount MN 55068 Csuy V & Jutie A Schlak Wilson J & Janice Peterman Steven 3 & Gale D Lafavor 145I5 Biscayne Way 14625 Biscayne Way 14635 Biscayne Way Rosemount NfN 55068 Rosemount MN 55068 Rosemount MN 55068 Brian � & Sherri L Johnson Ronald & Robin Smith William C & Rosann Jorde 24645 Biscayne Way 14655 Biscayne Way 14665 Biscayne Way :Zosemoua: MN 55068 Rosemount MN 55068 Rosemount MN 55068 Ena Cisewski 14675 Biscayne Way fiosemount MN 55068 10/31/90 Larry Newland Variance Appeai Supporting Information Attached 1 . Application for Building Permit 2 . Survey/Site Plan 3. Survey/Site Plan 4. Structural Plans 5. Variance Petition 6 . Survey/Site Plan 7 . 8/16/90 Letter from Ron Wasmund 8 . 8/23/90 Variance review/recommendation _ 9 , 8/24/90 -File memo - --- - - . _ _ 10. 8/28/90 Board af Appeals and Adjustments Minutes 11 . 9/4/90 Letter from Ron Wasmund 12 . 9/5/90 File memo 13. 9/1G/90 Letter from Ron Wasmund ��, 14 . 9/25/90 Appeal from Mr. & Mrs . Newland .. . • --- - ;;�- -i �. - . _ . ,_. *_`�t~., . . . .,_.: � _: ,, _ : , � City of.Rosem�u, t�� -;=-�-a=�T�� _�APPLICATION�.F4R�.BUILDING PERMIT" - �_ 'T Building & inspections Div�sion � �}. .. � . . _.. . . . .. ,. ._-.....,..... �- , �,>'t...�.�L3::�'e` :._. a.t.,tr:.ia.a _,,� ...��uv src,.e+♦ ae-rrt.av��.�a, «awts.ta�:a:a�aas< . .. � 2875 't 45th Street West v..... __._____._. _ ._ -- - _ - - _ . .... . Rosemoun#, M N ,.w . , - _.._.._ _ � 55068- .4 - ..� _ __.. .__., .._ ,.........� � � � (612)423=�� _ :. � ': �. _.��.: .. : :....... .�.. r. _ _ �� 2 4;�REC� . . . . .., _ :. ._ ._.. .. __ ._...., . _ _ � .�� _:. ....� �: .: :_ __..�.. ._...�_: _ . . . /, __ . . �C SITE ADDRESS _1��) �iSC,��l�P a� We5( Suite/Unit No. _. - - -. __.. _ _ _- _ LEGAL DESCRIPTION: Lot � Block �,� Subdivision C(Gf� --_. _ . P.I.D. #._ _ ` . ..._ _ Applicant (circle one only) ` OWNER CONTRACTOR ARCFIITECT/ENGINEER � � 1 .. �::. �: � � Name . - � . . .:.,.. . � � OwnerlBuyer � . _ � ' j : Information � Address l�✓�'�� i�'f t�1np (.�2y (,�`e� � ( I � ii Cit cvao � State �it Zip�6,�;,� � � I Phone • I � I - - - .. � � . _ . . __ _ __ ( - � _ -�-- Contractor I ' Name - •�'�'�� . ( � � Information � Address � � � � � � i _ i . City _ State Zip ( i �- I Phone ( ' � � � r � I � �v am e S `�- '�t-� � � Architect- � ` I � Engineer � Address � ( Information � I ( (if appIicable) � C_i� State Zin � � � . � � I Phone � � CLASS OF WORK (circle one only) � � '__......._. , � i1 NEW�� 3 ALTERATION/REMODEL � I 2 ADDITION 4 MAINTENANCE/REPAIR/REPLACE � 1 � � TYPE OF STRUCTURE (circle one only) � ( 01 Single Family 45 Recreatioqal, Amusement � � 02 Single Family Attached (Duplex) 4b Other Non-Housekeeping Shelter � � 03 Residential Garage 65 Industrial Building � � 30 Two Family Residential 70 Public Works 8 Utilities Buildings � ( 31 Three-Four Family Residential SO Puhlic Schools � � 32 Multiple Family Residential 81 Private Schools � ' � 40 Offices, Banks, Professional _ 85 Churches & Religious Buildings � � 41 Stores, Restaurant, Warehouse 88 Hospitals R: Institutional � ( 42 HoteIs, Motels Other Non-Residential Buildings � ( 43 Parking Garage �Fences, Signs, Antennas � � 44 Service Stations & Repair Garages 96 Other Non-Building Structures � � � � � . �^ � X PT.F e cF ("lIT.RDT T'T�' /1TTJL'D CTT�L' Yc �e >c . . • � � Certif�cate Por: • -.-�,- La.rry Nev�land " '� �,•; . • . `DELMAR H. SCHWANZ �� 9�� . UND$URVEYpR$ INC � � � �� aaa�s�r�Pcf Una��laws nt Thr G�t�ol M��nnota � . � . � . 14750 SOUTH � �T TRAIL ROSEMOUNT.MINNESOTA 55068 PHONE 612 4xi-17a9 •\�`�5� � � SURVEYOR'S CERTIFICATE t� � � . ^ � .--��`�i�� . �r . . . . . . .. S LU6�� _6'' 7�� 'OQ� y �j` • -- . . . . �' �""�--� �3� ��plc - 'r o�-�„� ' °� � „�� ` D e & � u 1 - _ --- ;► eas en � ?B'o ti� �� =o c- -. ,�.� � � o , :: _ . � �,° . o 0 ,;� . � � �. ��_� ;� . � � ��i,:;�� ,` � / � M t . � I N Zo St-..,� a . � ' % � ��i ."� �,g�P � q� p �: � / t� . ; ^, � ;, � a . . +�- � - � � ,�� : - , - �,: 0 �''� �c- i� . - �c',.. -�, � r- / ��. ,�'�Sl g . � / .� . �h^ti �.yF Y �. . . o � , `�,. / . / _� � �C y� � H "` . �' -. � � �- . � ,g `'�F �� a �_ ,- . � / ! \ �: ;'.� �� ¢d • � � ;, � � �z � ^ � �� \ � ? � o �,`� 7� � ;CALL: 1 inch = 30 feet '�3a � � Denc�es ^ound iron pige '�o 1 �6 � hereby c�rtify that this is a true and correct r presentation af :.�ot 5, B1o�k 1, UNIVII�SIi'Y ADDITION, according to the recorded plat therecf, ::�a�cota County, Minnesota. Also showi_n` the location of a existing house and a proposed addition. i:-zted : Su�.ust 14, 1985 ; �j �; f �� -� 1', � _.�'�'��.f %' ��,�I��/}''- � MINNESOTA REGISTRATION N0. 8625 � , � ' �ertif{cate for: Larrv New�and ' � � DELMAR H. SCHWANZ ��. g�� .No cupvevoas ,Nc � � � a.o�s�«..n u�a.,tawa o�rnr Su��M M,nnnota . � � � � . 1a750 SOUTH ��T TRAiI ROSEMOUNT.MINNESOTA 55068 PHONE 812 4�3-1769 •\�y�`7 '� ! SURVEYOR'S CERTIFICATE � �� .� °� ��''"' � 1 � ,3p�p[1 �eS � � �� / ,�n .� ��. , � CJ\ � � .� ��- p ��- ,. :� �-�,� .,�. '-�a.oa � �� _ : � , �: ��c._ "�'��_,. ;— i •,�,plc --�' � . -- �— `3� °o ' ..�c� , � •:��Dr r e & JY��,^_ � �y�u 1 - �-� , _ .� �''7/ . _ ;� � �eas ent� � j� "� � � =o ,. . . �! �,�� , - -�� , �_ � o � � ±�� ! � . /� M p� ~'_ r„�.r� - i (�� O M�7 . �Ji�`� . . ;� t�� `�� N �s �� . . a � � . .. �. I �� : ;: r� ��i. . . �r,;� . �,� _ : ,�- ��,� o . �,, a _ � � � `� �. �� f . G� Q a° . . �, ,;�-��";�C - � � •� � �;. . � . '1 .- %` � r . �, ' E',,�� %g r" - ,�� '� . �., ri - y sr, . ..�. ��\ u f' ;��- . �'ry,�. ,y� y . �1 � . ol� � / . I �\ � . y� \ � M �1 U / r x _ 7g E �• a . �� \ �� . � �\\,¢d • \ '�/ . , �--�T j �2 g � n� � � M ,,�,�/ �d� Nt1�tMuMti � � � �' S�� _ � �� :;AL?. 1 �nc� = 3Q feet �a � � � �enc�su ^ound iron pipe '�o / 30 � her�by ;,�.:rtify that t!�is is a true and correct r presentation of �o� `, 31o�k 1, UNIV�?SI� ADDITION, according to the recorded plat `�herecf, ;�.�;cota .^,ounty, "ninnesota. A.lso showi.-�^� the location of a existing house and a proposed a�dition. ��e�? : Aui�.�ast 14, 1985 r � � ; �' ; , r , � /J/ff JJ 1 , . . . � �J � /!/ �✓/ �� A �J�Ja�/��'f' � � �M1 " MINNESOTA REGISTRATION NO. 8625 � � � � .�[l L r,y t r.0 Jt t,y VYUw h �4��M0�-wl .. .(.�I"t , 1 �, . 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VARIANCE PETITiON Dac�• � - 1 -� 9'�.% , —o � APPlicant• '".�• �. � ` � Phone• y�3 – SS� �4s �s��g �ddress: �y�jrC� ��SC� Y}�C-' ��=�.,�-��S� STATUS OF APPLICANT: �� Cwner Buyer Lessee OTHER: ; LOCATION: Lot Block , Addition �-L4� r Street Address: / `f`� `�''V �i S �..YVl F .tJ:��/ Lv' ES� Ivietes & Bounds Description At[ached: Survey or Plot Plan Attached: - ' , Variance Requested: Proposed Z.oning: REASON FOR REQliEST: � i i. �'�n�- T� �c��l. �� ` � / �- � S�t� � , ,� Cc::�� , �- � ,(� / . �� :�� .� �"•�� J—✓o p�v-�� .L � n e S 2. �j, � ' ��I'�ni% V) �-!.��_�C-Y S YI�UC' SI+�Q�� t h � C�C� �+Y S C�� / ` r � �L:v�°i 4.�.0 f� �..�i��'1 i'� J � ;i- `��C�t t� ��! �C c�.P ( 1 �Z-''S • � __., 3. , ,,, 1;t _ , �) �. . '�5gnature of Applicant FOR OFFICE USE ONLY i Application received by: Q� � c.a� Date: /� � � �D `=� Fee: S c How Paid: �iy Date: ( ; ' r / � � � Planning Gommission Action: �.t�nl��.� Date: � J��C1L� � ° Cer,tif'cate for: � Iarry New�and � ' _ . DELMAR �i. SCHWANZ -�� 9�� 1.�N0 C��FVEYOpC INC . . . . Qr0'fIPrM U�Orr law.N Tn'Ct��OI MmonMa . . � . 1a750 SOUTH RO�iT TRAiI ROSEMOUNT.�IINNESOTA 55068 PHONE 612 423-1764 ,�x`7'' r� � SURVEYOR'S CERTIFICATE �` �� f7� � `�+ t� ,� ,� ��? � `�t� ��'p�� 7 �; �i �'L� � ` r�`�� - � �`' c� c n�� J'� - "t�.^�`�`' �7./B.�� , S\ •• .=''�-�..� � L� , r, :.�,��:`` ' �� /� .,N,p�t " " '� - .. �� U- o o . ' .-(cc� ; , _ _. �D e & �-`_` ;� � �easl en}��\ � -J�o �� /�� =o ; . ', .. . �C R�j y 'a � 0 � I °�� N � _ _ � � , ; � M � � ��r� � � ; , .� . ��:� . ;s � / � ,�j o , . a�, �:i�'� „ J �: �' ' , ti ��-� . � , ` � . :-1� i` � G . QQ �p �e. ;i-1�� ' j,� ' �r- '�Q GE{� _ '•'-, _ ��" . �� ..f\,� Y`. ' . \� e a • • � �, 4 / f� . . � �.0 J.. _. >'- .>Ex ` ��g -,'.-' . �c• ' .. `�,� . .. � �' t�` � �h^� /Sr�� Y � 1- � p� � � \�` �` .�, yU�F � " M � a�► / �- . . �: � _� � •�h ��d � \ rl,./ I .-� , \ ), g �V �. � /2 �p0� f~ `` �/ � Y =,� � M, �\ �b' f�t`�'!�'J!': � _ ,� � h G� St C7�.. o �� :;:,�L�. 1 �:-ich = 3Q fee� ''� � �ry� 0 � �enct�; "ound iron p��e ' �o / 30 = herebv c�rti`'y that this is a true and correct r presentation of �-,ot `, �lo�k 1, UNNERSI'i'I' ADDITION, according to the recorded plat �herec;', ;�:�;cota ��unty, "^.innesota. . �lso s?-:ow�.-�,r the loca�ion of a existin� house and a uroposed addition, �.�e� . � •�� i � . . 4 .u��,t 1 , _ ,85 ; 1 �' � � .� . � . . . �� J i��`�� /; � %� �l� . ..i'V"� {1 J .�li•�✓! ., � MINNESOrA REGISTFtATlON NO:8625 � � . t�g P.O. BOX 570 1L2� � 2875-�45TH ST.W. OcQrnOu�2 ROSEMOUNT. MINNESOTA 55068 J G G 612-423-4a T 1 August 16, 1990 (�P1�� rn�P� Mr. Larry 2lewland J 14590 Biscayne Way Rosemount, Mn 55068 Dear Mr. HeWland: . You are hereby ordered to cease all building activity related to the � construction of the 14'.x18' accessary structure presently underway in the rear yard of you residence. You are in violation of City Code Section 9-1-2 requiring building permits for all changes, alterations, additions, repairs or new __ construction. This is a misdemeanor offense punishable by fine, jail sentence or both. • You are aware of the setback issues preventing issuance of a permit � for the building to be eonstructed in the present location. You are aware af these issues through personal meetings which you and I have had. ; Your variance request and application has been received and is being process. The pending action does not grant permission to proceed. Final approvals must be given and a permit issued. Please be advised that any further activity prior to ali final approvals including permit issuance �ill result in a citation. You may contact Mr. Mike Wozniak, City Planner, for specific dates relating to variance hearings or myself �or building permit questions. Both of us may be reached at 423-4411. Sinc _ ely, Ron Wasmund . Building Oy�icial cc: �_Mike Wozniak David Grannis (�1 P.O. B�X 510 ZG � 2875-t45TH ST. W. �+ � ROSEMOUNT. MINNESOTA 55068 , ��7 ern�un� 612-423-4411 TO: PLANNING CONlMISSION FROM: MICHAEL WOZNIAK, AICP, CI�Y PLANNER DATE: AUGUST 23� Z990 SIIBJ: AIIGUST 28, 1990 - REGIILAR MEETING REVIEWS 4a. SHANNON HILLS PIID AMENDMENT Recommended Action: Recommend approval to City Council of an addendum to the Shannon Hills Planned IInit Development Agreement approvinq a new phasinq plan and amendinq paraqraph 6. , Park Dedication. (paqe 2. ) , of the Shannon Hills PUD Agreement (see addendum) . It is requested that the Planning Commission make a recommendation to City Council regarding an amendment- to the Shannon Hills -�ianned - - Unit Development Agreement. The Planning Commission will consider with item 5e. , the Shannon Hill 2nd Addition Final Plat. The plat as submitted does not conform to the original Shannon Iiills phasing plan (attached) . Also, the plat does not include dedication of the 1/2 acre park land dedication required as part of Shannon Hills phase II as indicated in the PUD Agreement (attached) . In conjunction with a discussion regarding neighborhood concerns over management of Carroll ' s Woods City Paxk the City Council at its August 7th meeting indicated a preference that the park dedication to have been received in phase II be deferred until platting of Shannon Hills 3rd Addition and that the Planned Unit Development Agreement be amended accordingly. A revised phasing plan for the Shannon Hills Development which would include the proposed park dedication in Phase III is enclosed with this review. 4b. SHANNON HILLS 2ND AD��TION FINAL PLAT Recommended Action: Recommend approval of the Shannon Hi11s 2nd Addition Final Plat subject to an executed Subdivision Development Aqreement. Steve Fiterman, President of Ground Development Corporation, has submitted a final plat for Shannon Hills 2nd Addition (attached) . The property in question is designated Medium Density Residential in the Comprehensive Guide Plan and is situated with the Metropolitan Urban Service Area. The City has previously rezoned the entire Shannon Hills PUD to R-1 Single Family Residential. � � As indicated in my review for item 5d. , the plat is not consistent with the original phasing plan approved for the PUD, however, the plat is consistent with the new phasing plan which has been provided by the developer. Lot si,�es and dimensions are consistent with the preliminary plat/PUD pla�i. The plat meets all zoning and subdivision ordinance requirements with the exception of the current 80' frontage requirement which was waived to a minimum 75 ' frontage requirement by PUD Agreement. Enclosed with this review are copies of Utility Commission and Park and Recreation Committee action regarding the plat. Based upon revision of the PUD Agreement to require dedication of the park land upon platting of the Shannon Hills 3rd Addition, park dedication for Shannon Hills 2nd Addition cash in lieu of land will be $16, 000. 00. 5a. WAYNE GROTH - DIVISION OF PROPERTY BY METES & BOUNDS DESCRIPTION Recommended Action; Recommend approval of Wayne Groth - Division _ __ .of.:-Property -by.- Metes and Bound- Description subject--to - Park and- - Recreation Cammittee recommendation reqardinq Park Dedication. Mr. Wayne Groth has requested that the City approve a metes and bounds description division of property. The property in question is situated on the south side of 135th Street approximately 1/2 mile east of Akron Avenue. Enclosed with this review is a location map for the proposed parcel division and a copy of a certificate of survey wh_ch indicates the proposed property boundaries and legal description. Mr. Groth owns 160 acres of property with one farm home currently on the property. He wishes to divide off a parcel of approximately 13 acres in size to create another homesite. The property in question is currently zoned Agriculture Preserve and is enrolled in the Metropolitan Agricultural Preserve Program. The AG Preserve _program restricts density of residential development to 1 home per 40 acres` of property. Since Mr. Groth owns 160 acres he would be allowed up to 4 homesites on his acreage. The proposed -garcel meets the minimum 300 ' frontage requirement and exceecls the �:5 acre minimum 1ot size for the di�trict. Beaause the proposed.'>'parcel size" is larg�� than 10 acres it will be consistent w�th requirements for th� Agriculture <District at such time as the 'property is removed �rom the AG Preserve program and rezoned. On all division of property under 20 acres in size thE City has authority to require park dedication, Park dedication for this _Z _ - - �'� division would logieally be required to be cash in lieu of land which would amount to a sum of $400.00. The Park and Recreation Committee will discuss this item at their September lOth meeting. 5b. ZONING TE%T AMENDMENT - MINERAL EXTRACTION Recommended Action: Recommend approval to City Council of an ameadment ta Ordinance B (Zoning' Ordinance) addinq the followinq languaqe to Sectioa 6.1 Paraqraph B. z I 9. Mineral Extractian only east of State Trunk Hiqhway 52. Subject to requi=ements of Section 14.8. Backcrround Mr. Palmer Peterson, President of Bituminous Roadways, Inc. , has petitioned the City to consider an amendment to the Zoning Ordinance Text to allow Mineral Extraction as a permitted use in the Agriculture District only east of State Trunk kighway 52, --- __subject to requirements of Section 14.8- of the Zoning Ordinance. - ' Mr. Peterson is pursuing this zoning ordinance text amendment in order to allow him to conduct a mining operation on the Otto Ped Property (160 acres at the intersection of C.S.A.H. 42 and Emory Avenue) . The Planning Commission will recall that the issue of allowing removal of sand and gravel from the Ped property was discussed at the last Planning Commissian meeting. At that meeting the Commission concluded it had no objection to issuanee of a grading/excavation permit with a term running from May 15th of one year to May 15th of the next. City Council discussed this issue at its August 7th meeting and concluded that it did nat object to sand and gravel mining taking place on Mr. Ped' s property, however, if excavation could not be completed during one construction season that it should be required that the sand and gravel removal be regulated by means of a Mineral Extraction Permit. In its discussion Council indicated that to allow issuance of a Mineral Extraction Permit it will be necessary to amend the City of Rosemount Zoning Ordinance to allowing Sand and Gravel Mining on Agriculture Zoned propert�. The City Council �-eached consensus that it would be willing to allow an amendment to the Zoning Ordinance text to allow Sand and Gravel Mininc�by permit on Aqricultural Zoned Aroperty situat�d east of State TrLnk Hiahwav 52 . It will also be necessary to rezone Mr. Ped's property from the Agriculture Preserve District to the Agriculture District which will involve a separate Planning Commission -action (see item 5c. ) . `3_ Sc. Otto Ped - Rezoainq Petition Recommended Actionz Recommen8 approval to City Council of the Otto Ped Rezoning Petition. Backaround Mr. Otto Ped has petitioned the City to consider a rezoning of his 260 acre property situated south of C.S.A.H. 42, 1/4 mile west of Emory Avenue (see map) . Mr. Ped's request is to rezone the property in question from Agriculture Preserve to the Agriculture District. The property to be rezoned is legally described as follows: the East Half of the Southwest Quar�er and the West Half of the Southeast Quarter -of Section 29, Township 115, Range 18, Dakota County, Minnesota. The property is no longer enrolled in the Metropolitan Agricultural Preserve Program, its status in that program expired in February of 1990. The•-.property is currently being used for agricultural purposes Which _ is_ consistent with permitted- uses in thz Agriculture - District. 5d. USPCI- MET£S & BOIINDS PARC£L DIVISION Recommended Action: Recommend approval to City Counail of the IISPCI request for division of property by metes and bounds description subject to aa executed Parcel Combination Agreement. Backcrround USPCI, Inc. has requested that the City authorize a division of property by metes and bounds description. The purpose of this division is to allow the land in question (approximately 3. 3 acres) which is situated on the north side of County Road 38 to be divided from the remainder of the current legal parce' (80 acres) which is situated south of County Road 38. Enclosed with this review is a letter from USPCI which includes � legal descriptions of the existing and proposed parcels. Also included is a map indicating the location of the pa=cel in question. The property is currently zoned Agriculture. Since the division of property which has been requestefl would result in parcel which is less than 10 acres in size it will be necessary to require the applicant to agree to legally combine the 3 . 3 acre parcel (parcel B on the sketch) to be created with the abutting property to the north (parcel A): USPCI has not yet made application to the City for an Interim Use Permit for its proposed facility and therefare the property for the -. L�, .,. time bein will remain in a ricultural use. III g g The Planning Commission should recognize that at some point it may I'', be necessary for the City to xequire USPCI to plat its holdings (several parcels totaling 236 acres) because the scale of the USPCI ' proposal will dictate that facilities are constructed across existing parcel boundaries. The property is currently owned by M.G. Astleford and it is the desire of USPCI to acquire that portion of the parcel situated north of County Road 38 as part of its plans to develop a Non- Hazardous Industrial Waste Containment Facility. Since no new building parcel will be created by this property division due to the required parcel combination agreement no park dedication is required from the applicant. 6. PIIBLIC HEARING - LARRY NEWLAND VARIANCE PETITION � ' Recommended Action: Deny Variance Petition of Larry Newland . r.-.�. � . '� ,_, �- because it does not the_requirements. of Section 15.2 of Ordinance ` ; __ _ B (City of Rosemount - Zoning ordinance} . i Mr. Larry Newland of 14590 Biscayne Way West has petitioned the ( City for a variance to side and rear yard setbaek requirernent in � the R-1 Single Family Residential District to allow construction of an accessory building to within 5' ot rear and side lots lines. �; I � �I Enclosed within this review is a package of information including � the following: Variance application, site survey, letter to Mr. ( Newland from Ron Wasmund, copy of Affidavit of Mailed and Postec� ! � Hearing Notice, public notice and public notice mailing list. ' � i Zoning Ordinance requirements for accessory buildings in the R-1 , � District for buildings over 150 sq. ft. include a rear yard setback �� requirement of 30 feet and a side yard setback requirement of 10 � i feet. The proposed square footage of Mr. Newland' s building is 252 ; sq. feet (14 ' x 18 ' ) . ; j The Planning Commission should be advised that Mr. Newland has , � already begun construction of the building by pouring a concrete slab and framing the structure. Mr. Newland has proceeded with construction despite being advised by Building Official Ron Wasmund that a variance would be required to situate the building as ' indicated on the attached survey. Enclosed with this review is a ' letter from Ron Wasmund ordering Mr. Newland to cease all building � activity. ; In considering this variance petition I believe the request does j not meet the following three requirements necessary to approve a variance: - • � ; :1 , 1. Strict interpretation or enforcement would result in a i ; ; ; 1 � ; , i _ � _ � practical difficulty or unnecessary hardship inconsistent with the intent of this ordinance and the Comprehensive Guide Plan. 2. 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. 3 . Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other property owners in the district. � , First of all very few of the homes situated in the University � Addition have detached accessory buildings. Any sheds Iocated on I i nearby properties which are located closer than the required � setbacks are smaller than 150 sq. feet. The current zoning ordinance allows buildings smaller than 150 sq. feet to be situated 10 feet from side lot lines and 5 feet from rear lot lines. The �Commission should consider two other issues. First, the _ building Mr, Newland-: wishes to construct cauld be built on -his- - - property and meet setback requirements. The survey provided indicates a location closer to the home which would meet setback requirements. Mr. Newland has chosen to blatantly disregard the City of Rosemount Zoning Ordinance and Building Code requirements and has proceeded to illegally construct a building that does not conform to zoning ordinance standards. Secandly, Mr. Newland had previously constructed a large attached garage addition to his � home. Clearly Mr. Newland is requesting more storage area than ; would be common to other residences in the same district. i Nevertheless the size building he has requested would fit on the � property without violating setback requirements, Mr. Newland simply i ; does not wish to locate the building in a position which would meet j ; zoning ordinance requirements. � If the Commission chooses to deny the Variance Petition, Mr. � Newland will be ordered by the City to remove the structure. ' � � i-- - � �� _._.____�.___.____ ___._._ . ___. . .____--. _ ._c-O .._ _.._ _.__ .._- _ _ �/'zq �e � - _. _ s ��- � � ��-�:-� _ _._�__ _ _ � ____. .___._ .,..� , � _ _ . � ,�...�.� -�- � - ,�.�. �-�--� �� - � �...��. � . �� ___ _ _ _ . � ��,� ��:.c.. :`.u, �� : .�.�-�- . � v2� . v� -� .,,�� , � � �- �/�� .�� . . ` �� - - �. , .�..e , t� ��-�-�� i� - D � - � z3 � �:�z � - 8�ts - ��o . I P.O. BOX 510 t�111.� � � 2875-145TH ST. V�'. OSG r r[.O ciC.r[.� ROSEMOUNT. MWNESOTA 55068 612-423-4411 Planning Cor��mission REGULAR MEETING MINUTES -AUGUST 28, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on August 28, 1990 at 5:00 g.m. Chairperson Huntington called the meetiag to order with members Meyer and Jacobson present. Also present was Community Development Director Dean Johnson and City Planner Michael Wozaiak. MOTION by Meyer to approve the August 14, 1990 Regular Meeting Minutes as presented. Secoad by Jacobson. Ayes: 3. Nays: 0. 'The August 28, 1990 Agenda was amended to include the followin�: Item 3a.) Metropolitan Council Handout; Item 3b.) Valley Wood Estates - Passive Park Dedication Discussion; and Item 3c,) September 11, 1990 Regulaz Planning Commission Meeting Time. City Planner Michael Wozniak distributed a memo outlining revised c-iteria for Metropolitan Council review of proposed land use changes of properties being considered as candidate sites for a future metropolitan airport. The Commission concurred with staff recommendation that this item be placed on the next regular _ meeting agenda�for discussion. _ _ Commissioner Jacobson expressed regret in his negligence to address the paik dedication issue in recent Planning Commission review and action on the Valley Wood Estates preliminary plat. He stated his belief that this proposed subdivision encompassed a limited Rosemount asset of wooded and natural area and expressed concem that these areas become a privilege of private ownership. This subdivision and other similar rural areas should be considered for passive park land use by Rosemount citizens with construction of trail systems and other access mechanisms. MOTION by Jacobson to recommend to City Council that they retain the optioa of constructing pathways through Rural Residential areas for limited pas:�ive enjoyment of the citizens of Rosemount. Community Development Director Dean Johnson stated that a recommendation froa� Planning staff was _ difficult at this point, due to a lack of input from Park and Recreation Director/Committee and Engineering staff. Major decisions and staff recommendations are based upon ea�ensive background review of costs to City residents, maintenance cost projections and benefits xo the majority of the community. Commissioner Jacobson agreed to withdraw his motion to allow for staff input and requested this item be placed on the next agenda for discussion. CommunityDevelopment Director Dean Johnson advised that the next Regular Planning Commission Meeting, September 11, 1990, coincides with the State Primary Election. Alfhough state statu[e does not clearly reference Planning Commission meeting restrictions, the Minnesota State Clerk's Associatior, has interpreted that no public meetings may be held during the hours of 6:00 p.m. and 8:00 p.m. on state-wide election days. Rather than postpone the regular meeting, staff requests prompt adjournment of the September lith meeting at 6:00 p.m. The Commissian acknowIedged and agreed to staff recommendaUon. ' City Planner Michael Woznial: reviewed with the Commission a revised phasing plan for the Shannon Hills Planned Unit Development (PUD) which had been submitted by Steve Fiterman, developer. Originally the PUD required a Park Dedication of approaimately .6 acres at the time of second phase final platting. However, due [o City Council discussions regarding concerns of abutting Carroll's Woods residents, it is Council's desire to defer park dedication unul platting of the 3rd addition. The revised phasing plan for Shann�n Hills Development includes park dedication in Phase IIL Rather than step down from the dais and jepardize meeting quorum requirements, Commissioner Jacobson identified himself as an abutting Carroll's Woods property owner and requested to discuss the issues relative to the proposed siting of a parking lat contiguous to CanolPs Woods as proposed in the Shannon Hills Addition. He explained that he and other abutting property owners were concemed that the proposed Shannon Hills park dedication, indicated as a parking lot for communitv access to the woods on the west side . Regular Planning Commission Meeting Miautes ' Angust 28, 1990 Page T�vo of the park, is without benefit of state approval which he believes is required due to a state grant for the Carroll's Woods park developmen� He suggested there was also a discrepaacy in the location of the proposed par�:ing lot stating it was his understanding that access was to be aitained through Schwarz Pond Park on the northeasterly s�de of the woods. City Planner Wozniak noted that the revised phasing plan for the Shannon Hills subdivision will require an a:nendment to the Planned Unit Development Agreement to require park dedication in the third development phase. MOTION by Huntington to recommend to City Council approval of an addendum to the Shannon Hills PlaLned LJnit Development Agreement approving a new phasing plan and amending paragraph 6. Park Dedication (page 2) of the Shannon Hills PUD Agreement. Second by Meyer. Ayes: Huntington, Meyer. Nays: 0. Abstain: Jacobson, for reason of honoring acuon tal;en by Council. Sieve Fiterman, President of Ground Development CorporaUon, has submitted a fmal plat for Shanzron Hills 2ad Addition. This property has pre��iously been rezoned to R-i Single Family Residential. The proposed ' plat is in conformance with the new phasing plan and meets minimum zoning and subdivision ordinance requirements with exception of lot frontage, which was waived by PUD Agreement. MOTION by Huntington to recommend to City Council approval of the Shannon Hills 2nd Addition Final Plat subject to an executed Subdivision Development Agreement. Second by Meyer. Ayes: 3. Nays: 0. Chairman Huntington recessed the Regular Planning Commission Meeting and opened ihe Bo�� of Appeals - J� and Adjustments to conduct a scheduled pubIic hearing._ _ _ � T�e �ublic Hearing for the request of Larry Newland for variance to tear and side yard setback requuement was opened at 5:30 p.m. The recording secretary had in her possession Affidavits of Publication and Mailed an� Posted Hearing Notice. City Planner Michael Wozniak discussed the vaziance petition submitted by Larry Newland, 14590 Biscayne Way, to allow construction of a 14' x 18' accessory structure to within five feet of the rear and side property boundaries. Current zoning ordinance specifies a ten-foor side yard setback and a 30-foot rear yard setbacl: � for accesson� structures. City Planner Wozniak stated that Mr. Newland has begun cbnstruction of the structure despite being advised by Building Official Ron Wasmund that a variance would be required and a � building permit issued before construction could commence. The Commission was referred to their copy of � correspondence from the Building Official to Mr. Newland advising him [o cease alI building activit}�. � In considering this variance request, staff was unable to establish hardship associated w:Lh the property due to e�ceptional or exiraordinary circumstances or conditions applicable to the property. It has been determined � L�:at the proposed structure cou�d be situated on the properry without violating se��ack requirements. � Therefore, staff cannot recommend in favor o£ the request. � Larry Newland was present and stated that he initially contacted the Ciry approximately two years ago `� � regzrding constructing the accessory structure and was told at that time that the setbacks were five feet from � botn rear and side propertp lines. He recently began construction prior io acquiring a permit thinking that � �� the setbacks were the same as they had been a couple of years ago. Mr. Newland described the 30-foot rear ! yard setback requirement as unreasonable and more restrictive than surrounding cities He explained that { the p:oposed structure will have vinyl siding with cedar trim to match the home on the property and that if � he did position the structure to meet present setback requirements it would interfere w7th an existing apple � tree on the propercy. P�illip Tries, 14b0� Biscatime, stated he had constructed a 12' x 16' accessory building in his rear ard a � y i couple of years ago which ��as situated closer than 30 feet to the rear property line. He is considering ! building a detached garage which wiIl not be able meet the current setback requirement. � ! City Flanner V�'oznia�: advised that �vhen the Citv Council and Planning Commission reviewed ordinance � + c;anges, discussions focused on maintaining spaciousness, openness and a rural setting in the Cit��. Concern � was expressed regardin� large accessory structures u�ithin the residential district. It was concluded that ; restrictions should be set on si�e of these structures and to increase sezbacks as a means to ensure openness t � and presen�e a rural atmospherz. � , ! There were no other persons present for comment. � � � Regulat' Planniag Commissioa Meeting Minutes August 28, 1990 Page Three ;.:=;; Chairperson Huntington closed the public hearing at S•SS p.m. ;�_ �-��- MOTION by Meyer to deny the variance petition as submitted by Larry Newland because it does aot meet °"' the requirements of Section 15.2 of Ordinance B - Ciry of Rosemount Zoning Ordinance. Second by �� Jacobson. Ayes: 3. Nays: 0. � �� . Chairperson Huntington advised the petitioner of the appeal process which wouid be addresssd by City Council should he wish to pursue his request. '. -��:.,- . - _,.x,;. " �. Chairperson Huntington closed the Board of A eals and Ad'ustments at 5:50 �` PP ) p.m.and reopened the Regulaz Planning Commission Meeting. Mr. Wayne Groth has requested approval of a metes and bounds description division of property. Mr. Groth owns 160 acres of property located east of Akron avenue and south of 135th Street East a7th oae farm home currently on the property. He is requesting a ?A-acre division of property to create anorher homesite: The �property is cunently zoaed Agriculture Preserve and is registered in the Meuopolitan Agricultural Preserve Program which restricts residential density to one home per 40 acres. The proposed parcel meets the minimum 300-foot frontage requirement and is consistent with the requirements for the A�riculrure District at such time as the property is removed from the AG Preserve program and rezoned to AG Agriculture. MOTION by Huntington recommending to City Council approval of the request from Wayne Grath fnr a division of property by metes and bounds descripUon. Second by Meyer. Ayes: 3. Nays: 0. Mr. Palmer Peterson, �'resident of Bitumiaous Roadwa s Inc., has amendment to the Zonin Ordinance text to allow mineral extraction as a�ermt t deusei ui �e�nsider an p Agriculiure District on agricultural properues east of STH 52, subject to requirements of Section 14.8 of the Zoniag Ordinance. Mr. Peterson is pursuing�this text amendment to allow him to conduct a mining operation on the Otto Ped property. The Planning Commission had previously determined that it had no objection to issuance of a grading/excavation permit for removal of sand and gravel on the Ped property with a one-year term running from May 15th to May 15th. In their discussions regazding this issue, Council also expressed no objection to the sand and gravel mining activity on the Ped property, however, if excavation could not be compieted duriag one coastruction season Council prefened that the sand aad gravel removal be regulated by means of a Mineral Extraction Permit. The City Council concurred that they would be willing to consider an amendment to the Zoning Ordinance to allow sand and gravel mining by permit on Agriculiural zoned property situated east of State T'runk Highway S2. It was noted that a rezoning of Mr. Ped's property would also re�ui.e rezoning to allow the mining activity. MOTION by Huntington recommending to City Council approval of an amendment to Ordinance B - City of Rosemount Zoning Ordinance by adding the following language to Section b.l, paragraph B.: 9. Mineral Extraction only east of State Trunk Higha�ay 52,subject to requiremencs of Section 14.8. Second by Meyer. Ayes: 3. Nays: 0. Mr. Otto Ped has pe[itioned_ the City to consider rezoning of his 160-acre parcel, situated south of County Road 42 and 1/4 mile west of Emery Avenue, from Agriculture Preserve to AG Agriculture. This property is no longer eniolled in the Metropolitan Agricultural Preserve Program and is currently being used for agricultural purposes. MOTION by Huntington recommending approval of the petition received :from Q[to Ped to rezone his prope:ry from AG-P Agriculture Preserves to AG Agriculture. Second by Jacobson. Ayes: 3. Nays: 0. USPCI has requested authorization for a division of property by metes and bounds description. The purpose of this division is to allow a 3.3-acre parcel situated on the north side of Countv Road 38 to be divided from it's current legal parcel which totals 80 acres and is situated south of County Road 38. The properry is curren[ly zoned Agriculture and since the di��ision of prapem- would result in a parcel les� thar. ten acres in size it will be required that the applicant agree to legally combine the 33-acre parcel to abvtting property to Cne north. MOTION by Meyer to recommend to Ciry Council approval of the USPCI reques[ for division of property by metes and bounds description subject to an executed Parcel Combination A¢reement. Second b4 F;egular •,i:- .. Ylanning Coaunission Meeting Minutes August 28, 1990 Page Fbuc Huntington. Ayes; 3. Nays: 0. M01'ION by Huntiagton to adjoum, Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjoumed at 6:?A p.m. ' Respectfully submitted, Donna Quintus � Recording Secretary s. (�} F o. eox s�o . \✓•+� � 2875-1CSTr� 5T W ` O�+prn.Ou�� ROS�t.�Ot iKT. MINNESGT4 55068 ''�G 612-.:�z-a41 t Septembe� 4, 1990 Mr. Larry Newland 14590 Biscayne Way Rosemount, ,Mn 55068 F�E: Notice of Action By Board �f Appeals & Ad�ustments Dear Mr. Newland: The action of the Board of Appeals and Adjustments, a� their meeting of August 28, 1990 was denial of your requested variance. -Denial of - the variance prevents issuance of a building permit. Rosemount Z�cning Ordinance provides 30 days from thE date of action by the Planning Commission Board of Appeals and Adjustment for the applicant to file an appeal with the City Council . The Council will then set a date for a public hearing and mske a decision to approve or deny the variance request. YoLr re�uest for �ppeal must be made in writing to t,he City ad�-ninistrator, Mr Stephan Jilk. Y'ou will in turn be notified of the assigned datE and time for the appeals hearing. Please be advisea that such pending action does not in any way canstitute permission to proceed with any construction relating to the pending . . variance and building permit. Feel free to contact me if you h�ve any questions regardino these actions . Sincerely, , Ron Wasmund Building Official cc: Stephan Jilk - City Ad.�inistrator � Dean Johnson - Community Development Director David Grannis - City Attorney Michael Wozniak - City Planner i . - - ,� � __.. _._ ^ _.__ ____ _.___..__ _ _ . _. ___ �-��_ ___ _ _ _ ._ �� _ __ __.__ _ _ ___.__ � _-_ _ _ _ _ _ ____ _. .__ ___ _ __ _ ._ _. _ _ _ ___ . _____.__. _ ___. __ _ � __�-_ �o_ _ _ _ __. _ _ ____________ _ _ _ _ _ . .______ ____ E .__ .____ _ Lv ._. -��. � _�_�.�z.�..Q.�- �____ ��3-� . �� --- • _. __ .f�� .�. .� -r- ,;� _____-- _. i;i� /�� . ��o`"'�_ �.iG�/` �-''l2.- �--7�Z.�c�J (.,�i�•/R.�L'�� _ - _��: '� , � ,:: _ ��_ '` �— �/..s� �� ;i; �� ► , !;: _ _ � c..G�� G�-�� '� . - -- � "�� -�t�„6�- l ,��2%�;�'s� � � , � _ �; �-�'=��-- �.L�� i�`"'•-�'=i�� a�'--�_--� _ i;, � i ` �/ _ , j �� l�L.E:.,_ ,.,�:�G<�yk/�� . ��f � ' �L.E�� r lF.e��.�� s : � ��— ' ,�1. � �...,.o�i.�..�'...r�/ lJ�..�..c.�.�' ,;Z-��.�-�c.�� `` __ _ •� t _ _ ._ � . _ _ / . /-�.'�✓ C��%,/�. - v,✓...��c� � .. �C�.•��.,/�'�--s�^'..� �,F`�c..G'�� . j t✓ZL O P.O. BOX 510 � 2875-�a5TH ST. w. OSeYYLOZtYL� ROSEMOUNT. MINNESOTA 55068 612-423-44t t September 10, 1990 � �� Mr. Larr Newland � Y � 14590 Biscayne Way Rosemount, MN 55068 Dear Mr. Newland: T�e enclosed Violations Summons requires you to apgear in Dakota County Court at 1: 30 p.m. , Wednesday, October 10, 1990 . Your appearance is scheduled at the Western Court facility located at 2030 East Cliff Road, Eagan, MN, This will be an arraignment hearing for you to enter your plea to the charges being brought against you by the City of Rosemount. _ Specifically, construction of a building -without a _building - permit, violation of City Code Section 9-1-2; and failure to comply with minimum yard requirements set forth by Dimensional Standnrds for Accessory Buildings and Surface Parking as established by Section 7 .2 of Ordinance B - City of Rosemount Zoning Ordinance. Failure to ap�ear at the established court date will result in issuance o� a warrant by the court. Sincerely, Ron Wasmund Building Official RW/DQ cc : S�ephan Jilk, City Administrator Dean Johnson, Director of Community Development David L. Grannis III, City Fttcrney ��I�I�I� � September 25, 1989 J�� `' �99(� �L��'� �,3F�1C;�� C1TY OF RQ$�►yQ�NZ Honorable Mayor and City Council City of Rosemount It is our petition to address the City Council on a request for a variance to leave the shed built this year on last year's set-back requirements. Respect full}*, _ . --- -- - � .�--j��,�. �G✓��.� � Mr. and Mrs. Larry R. I�ewland 14590 Bisca}=ne kTay t,� Rosemount MN 423-5562 , rti � . , ��.i-.- '„/ { � . . . .� � � � .