06-19-06 PCITEM 3_1
NORTHWEST ASSOCIATED CONSULTANTS, INC.
pr`'' 4300 Olson Nleinorial Higlwvay, Suite 202, Golden Valley, MN 55422
Or Telephone: 763.231.2555 Facsimile: 763.231.2561 planners c;nacplanninq.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Bob's Produce; PUD Development Stage Plan
REPORT DATE: 14 June 2006 60 -DAY DATE: 15 July 2006
NAC FILE: 176.02 - 06.16 CITY FILE:
BACKGROUND
Landcor, Inc. has submitted plans for development of a 10,569 square foot building on
Lot 1, Block 5 Mississippi Shores 6th Addition located at the northwest corner of CSAH
39 and CSAH 42. The proposed building would be occupied by a fresh produce/deli
market and adjoining bakery/coffee shop having a drive though windown. The site was
previously developed with a Tom Thumb convenience gas station which has been
demolished. The City has also recently completed an improvement project extending
utilities to the commercial lots within the Mississippi Shores subdivision and upgrading
the frontage road accessing these properties.
The subject site is guided for commercial land uses by the Comprehensive Plan. The
current zoning of the property is PUD, Planned Unit Development District in accordance
with Ordinance 2005-20 approved by the City Council on 26 September 2006.
Consideration of the development application requires approval of a PUD Development
Stage Plan.
Exhibits:
A. Site location (1 sheet) E. Building Floor Plan (1 sheet)
R_ Site Plan (1 sheet) F. Grading Plan (1 sheet)
C. Landscape Plan (1 sheet) G. Utility Plan (1 sheet)
D. Building Plan (1 sheet)
ANALYSIS
Comprehensive Plan. The Comprehensive Plan guides the subject site for
commercial uses as part of the larger retail/service business area at CSAH 39 and
CSAH 42 defined as the City's primary commercial center. The proposed business is a
unique use that will likely be a destination for both local and regional patrons.
Zoning. The Mississippi Shores commercial PUD District allows for the same uses as
provided for by the B-3, General Commercial District. The proposed retail produce/deli
sales and coffee shop/bakery uses to occupy the building are permitted uses within the
B-3 District. The drive through for the coffee shop/bakery is an allowed accessory use.
Surrounding Land Use. The table below describes existing and planned uses
surrounding the subject site: No compatibility issues are anticipated.
Direction
Land Use Plan
Zoning Map Existing
Use
North
Commercial
PUD District
Godfathers/Fun Cit
East
Commercial
PUD District
Convenience Gas
Medical Office
South
Commerical
A-1 District
Undeveloped
Single famil dwellings
West
Commercial
PUD District
Off -Sale Li uor
Building Design. The proposed 10, 569 square foot building is a one-story structure
having 4" brick as the primary facing material over a rock -face block base. Cornice and
pilaster elements provide detail and interest to the building design as do awnings above
the window sections. We would recommend the addition of faux window panels at the
south end of the east elevation and east 2/3rds of the south elevation under the
awnings for a more consistent "front" to CSAH 39 and CSAH 42 where the building is
most visible. We also recommend an additional pilaster at the west corner of the south
fagade for this same reason. The building is very attractive and will be a visually
pleasing addition this prominent corner at the CSAR 39 and CSAH 42 intersection.
Landscaping. The applicant has submitted a landscape plan for the subject site that
includes plantings at the perimeter of the site and in the parking area. The proposed
plant types and sizes are consistent with Zoning Ordinance standards and we offer the
following design comments:
■ Because of the integration of the parking area between the subject site and
Godfathers, consideration should be given to extending the trees proposed along
CSAH 42 north to Park Avenue.
° Placement of ornafTienial atIU/or 51ICiUC LrCeJ jlIVuid CvtILitI � ��Mj--en+ to the (`C�I-I
39 to the west property line.
■ The cotoneaster hedge along the west property line should be extended to the south
building line to fully screen the loading area at the rear of the building.
2
® Planting containers should be incorporated along the sidewalk and outdoor seating
areas adjacent to the building.
Lot Requirements. The PUD District specifies the following lot requirements
applicable to the subject site:
Min.
Lot
Min.
Lot
Setbacks
CSAH 39
CSAH 42
Frontage
Park
Side
Rear
Area
Width
68
Street
Avenue
1 ac.
200ft.
30ft.
30ft.
Oft.
30ft.
1 Oft. or 35 ft. abutting an
R District at the
perimeter of the PUD;
Within the PUD District
a 20ft. separation
between buildings shall
be maintained.
The subject site has an area of 1.1 acres and is 215 feet wide. The location of the
proposed building upon the lot is setback a minimum of 90 feet from adjacent County
road rights-of-way, is 33 feet from the existing building to the west and 49 feet from the
existing building to the north. The proposed site plan complies with all applicable lot
requirements.
Access. The subject site is accessed from CSAHH 39 and Park Avenue via an existing
public frontage road along the east and south sides of the property. The City has
recently completed an improvement project that upgraded the access to Park Avenue at
the north side of the adjacent Godfather's restaurant property and the frontage road.
The design of the frontage road include provision of parking stalls within the public right-
of-way to expand the parking supply available to the subject site and Godfathers on the
assumption that the area will function like an integrated shopping center.
Use of the parking stalls within the public right-of-way to meet Zoning Ordinance
requirements for the proposed use (and for Godfathers) requires either that the public
right-of-way be vacated or that a land -lease agreement between the City and property
owners be executed. The expectation is that the subject site and Godfathers will
petition the City for vacation of the right-of-way from the west line of the subject site to
Park Avenue. If the right-of-way is to be vacated, an easement allowing the three lots
west of the subject site to maintain access to Park Avenue would be required. As the
process to vacate the public right-of-way has not been initiated, resolution of this issue
will be a condition of approval.
Off -Street Parking. Off-street parking calculations for the proposed use are shown
below:
Use
Requirement
Stalls
Required
Produce sales
1 stall / 250sf.
29
Coffee shop/Bakery
1 stall / 40sf. seating
1 stall / 80sf. kitchen/ rep
39
T®TAL
68
J
There are 60 parking stalls shown on the subject site and adjacent public right-of-way,
or a deficit of eight parking stalls. An agreement between the subject site and
Godfathers is to be established to allow cross parking between the two businesses.
The parking area east of Godfathers has 71 stalls and the parking lot west of Fun City
has 43 stalls for a total of 114 stalls. Godfathers/Fun City are required to provide 102
parking stalls leaving a surplus of 12 parking stalls. These calculations do not account
for outdoor seating areas at Godfathers/Fun City and proposed on the subject site
which is consistent with past City action given the seasonal nature of those seats.
The number of parking stalls provided between the two sites is likely to be adequate
given that the parking requirement calculation for Bob's Produce includes approximately
2,500 square feet of prep area and storage. We would recommend that signs be
located at the Godfathers site entrance to Park Avenue indicating additional parking
available at the lot west of Fun City and that an sign also be added at the entrance to
the west lot identifying additional parking to provide direction if the parking area
becomes congested during peak business hours.
Drive Through. A drive through service window is proposed for the coffee shop/bakery
on the north side of the proposed building. Customers accessing the drive through
would approach from the east (traveling west) to the service window. Curbing directs
traffic exiting the drive through away from the building to allow visibility of approaching
north bound traffic along the west side of the building accessing the drive through
window at Godfathers pizza. Both the exiting coffee shop / bakery and approaching
Godfathers patrons have stops at the northwest corner of the building. Signs warning of
approaching traffic should also be provided for each lane as well as pavement stripping.
Separate stacking space for the coffee shop / bakery is minimal from the service
window and none is provided behind the order board. This situation may create
circulation conflicts with through traffic or access to the parking stalls closest to the
building at peak times. Given the orientation of the building, required access locations
for the service window and the configuration of the property, we do not have a solution
to offer for this issue. Stacking space for the Godfather's service window is more than
adequate along the west property line of the subject site.
The area between the drive through windows for the proposed building and Godfathers
building is not well defined by the site plan. The site plan is to be revised to identify a
landscaped island between the two buildings to minimize impervious surface and
provide direction to traffic movements.
Loading. The loading area is on the west side of the proposed building requiring trucks
tU el ltCl r--IIVM park A venue drive nn -,t the south side of the building (beyond the west
r,,....
property line and into the remaining frontage road right-of-way) and back into the dock.
While Section 20-22-2.A of the Zoning Ordinance required all loading movements to
occur off-street, the intent of the PUD District was that the entire Mississippi Shores
commercial development would function like a private shopping center, not just the
subject site and adjacent Godfathers site. As such, the use of the public right-of-way for
the backing maneuver required to access the loading area is acceptable and will likely
M
not interfere with circulation given the limited volume and limited through traffic
generated within the area.
Signs. The submitted building elevations identify a 50 square foot wall sign on the ease
and south elevations of the building, facing CSAH 42 and CSAH 39 respectively. The
location and area of the proposed wall signs is consistent with the allowances of Section
20-37-5.0 of the Zoning Ordinance. The site plan does not identify the location of any
freestanding signs. If a freestanding sign is to be provided, it is limited to an area of 100
square feet per side, a maximum height of 20 feet and must be setback 10 feet from
any property line. A sign permit is required prior to placement of any sign upon the
building or property.
Lighting Plan. A plan identifying the type, location and illumination field of all exterior
light fixtures has not been submitted. This information is required to determine
compliance with Section 20-16-10 of the Zoning Ordinance and must be submitted as a
condition of approval. All light fixtures must have a 90 degree horizontal cut-off and
cast not more than 1.0 foot candle of light to any property line.
Trash Storage. The site plan indicates the location of a trash storage area shared with
Godfather's at the northwest corner of the subject site. As the trash storage area is
actually on the Godfather's property, an agreement between the two properties is
required. The trash area is required to be screened from view by an enclosure that
includes a gate front in accordance with Section 20-16-15.13.3 of the Zoning Ordinance.
Grading Plan. A grading plan for the subject site has been submitted and was
prepared in coordination with the City improvement project within the abutting right-of-
way. The grading plan is subject to review and approval of the City Engineer.
Utility Plan. A utility plan for the subject site has been submitted and was prepared in
coordination with the City improvement project within the abutting right-of-way.
Drainage and utility easements will be required for any facilities shared between the
subject site and abutting lots. The grading plan is subject to review and approval of the
City Engineer.
RECOMMENDATION
The proposed PUD Development Stage Plan will provide for a unique use within an
attractive building at a significant location in Otsego consistent with the Comprehensive
Plan. Furthermore, the proposed development is consistent with applicable
development regulations. Our office recommends approval of the application as set
forth below.
5
POSSIBLE ACTIONS
A. Motion to approve a PUD Development Stage Plan for Lot 5, Block 1 Mississippi
Shores 6t" Addition, subject to the following stipulations:
The building elevations are revised to add faux window panels at the
south end of the east elevation and east 2/3rds of the south elevation and
add a pilaster at the west corner of the south fapade.
2. The landscape plan is revised to:
a. Continue ornamental and/or shade trees adjacent to the CSAH 39
to the west property line.
b. Extend the cotoneaster hedge along the west property line to the
south building line.
C. Incorporated Planting containers along the sidewalk and outdoor
seating areas adjacent to the building.
3. The developer and owner of the Godfathers property shall petition the City
for vacation of the public right-of-way for the City frontage road or each
shall enter into a land -lease agreement with the City to provide for all
maintenance of the access drive within City right-of-way and to allow use
of areas within the right-of-way for parking stalls to comply with off-street
parking requirements for individual uses within the PUD District.
4. A cross parking and access agreement shall be established between the
subject site and Godfathers property regarding off-street parking, drive
through access and trash access.
5. The site plan is to be revised to identify a landscaped island between the
proposed building and Godfathers building to minimize impervious surface
and provide direction to traffic movements.
6. All signs shall comply with Chapter 37 of the Zoning Ordinance and a sign
permit is required prior to placement of any sign upon the property.
7. A lighting plan identifying the type, location and illumination pattern of all
exterior fixtures shall be submitted and shall comply with the requirements
of Section 20-16-10 of the Zoning Ordinance.
8. All grading and drainage issues are subject to review and approval by the
City Engineer.
9. All grading and drainage issues are subject to review and approval by the
City Engineer.
0
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan and Zoning Ordinance.
C. Motion to table.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
John Brickley, LandCor
Rudy Thibodeau
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EXHIBIT C
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EXHIBIT D
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EXHIBIT D
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Naw"51'..5W2L EXHIBIT C
Hakanson ;
1
Anderson Phone:
Thurston Avenue, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520 r
Assoc., Inc.
MEMORANDUM
To: Honorable Mayor and City Council
cc: Mike Robertson, Administrator
Judy Hudson, Clerk
Dan Licht, NAC
Andy MacArthur, City Attorney
John Brickley, LandCor Construction, Inc.
Metro Land Surveying and Engineering
From: Ronald J. Wagner, P.E.
Date: June 15, 2006
Re: Bob's Produce Ranch, Lot 5, Block 1
We have reviewed the Preliminary Construction plans, dated 5/04/06, with revised Site Plan, dated 6/12/06
for the above -referenced project and would offer the following comments:
Site Layout
The person(s) name and contact information is needed for the developer and developer's engineer.
2. While maintaining drainage and utility easement over the existing city utilities within the old
R.O.W. for the service road, adjacent to 9& Street and Parrish Avenue, an agreement between the
Godfather's parcel to the north and Bob's Produce Ranch parcel must be in place regarding a
cooperative ingress/egress easement over both lots.
3. A final plat shall be submitted depicting all drainage and utility easements, R.O.W., and lot
dimensions. Drainage and utility easement is required over all shared utilities (storm sewer stubbed
to other properties and watermain to hydrants.)
3. The current zoning for this site is restaurant and entertainment. The proposed plat requires rezoning
to a PUD district. Also, adjacent zoning information shall be provided.
4. The existing curb/median in the northeast corner of the lot is labeled as remove. This will produce
6 additional parking stalls. There is an existing street light in the east portion of this median that
shall rcmain. Leaving this portion o the median will reduce the number of additional parking
stalls to 5.
The plans depict existing curb and gutter at the southwest entrance being removed. The plans shall
depict the existing cross gutter along the south side of the parking stalls. The new curb and gutter
C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\Z912UD50\ot2500bobproducervw I
(1).doc
shall tie into the existing cross gutter at this location to provide a minimum 1% grade over the
bituminous at the widened entrance.
6. The typical section used with the parking areas and the frontage road does not agree with the typical
section proposed for the paved areas for this plat. The typical section used by the city was 1 '/2"
LVWE 45030C, 2" LVNW 35030B, and 6" (100% crushed) Class 5.
7. A garbage area is proposed in the northwest corner of the lot, west of Godfathers. Gates shall be
shown on plans for enclosure of the trash area.
Grading, Drainage, and Erosion Control
1. Minimum grade along curb and gutter is 0.6%. Minimum grade across bituminous areas is 1%.
Please provide additional grades/spot elevations showing minimum grades.
2. Depict the setbacks and easements in the grading plan.
3. The plan is difficult to read due to the text size and/or font. Please revise.
Utilities
1. The sanitary sewer consists of a single manhole with a service connection to the building. The water
service will connect to an existing 6" stub at the southwest entrance. Hydrant coverage is
insufficient over the northwest corner of the building. An additional hydrant is required behind the
curb and gutter near the west property line, just south of the electrical utility boxes. The 6"
watermain may be extended to place this hydrant. A drainage and utility easement is required over
this watermain.
2. The plan is difficult to read due to the text size and/or font. Please revise.
Hakanson
Anderson
CADocuments and Settings\TamiTocal Settings\Temporary Intemet Files\Content.IE5\Z91 Assoc., I nc.
(1).doc
JUN-16-2006(FRI) 06:33 Landcor P. 002/002
LandCor, Inc 7 LandCor
Ls� �Construction, Inc
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June 16, 2006 -� !Q Staff.
City of Otsego
Judy Hudson.
City Clerk
8899 NE Nashua Avenue
Otsego, Mn 55330--
763-44 1 -441.4
5330763-441-4414
Re: Petition for Public right-of-way vacation
Dear.Judy, ;
This letter is to serve as our.Petition for Public right -of: way vacation. This Petition is for.
vacation of right-of-way from the west line of the Bob's Produce site to Park Avenue on
the North side of Godfathers, as outlined on* Exhibit W attached hereto_
John Brickley Rudy Thibodeau
Development Associate Goddfaty(ers
LandCor Inc.:.. ,_ . Owner.... .
On Behalf of.our client
Land Funding I, LLC
9325 Upland Lane North, Suite 300 • Maple Grove, MN 55369
Phone: 763-463-8800 •.l:<ax: 763-463-8801 • WWW.IandeorInc.com
ITEM 3-2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ner&anacplanning.com
I1, I:Ilh, Low,II IW M
TO: Otsego Planning Commission
FROM: Laurie Shives / Daniel Licht
DATE: 14 June 2006
RE: Otsego — Rolfe Builders, Inc.; Variance from Required Feedlot Setback
FILE: 176.02 — 06.19
BACKGROUND
Rolfe Builders, Inc. is requesting a variance from the required 1,000 -foot feedlot setback
for the property legally described as Lot 1, Block 1, Arbor Creek 3rd Addition. The
applicant is requesting a 75 -foot variance from the feedlot setback in order to allow for
reasonable use of the established single family lot. The City issued a building permit for
-3 single family dwelling on the subject site and construction is significantly advanced.
The need for the variance was identified when the feedlot operator to which the 1,000
afoot setback applies questioned the location of the home.
,Attached for reference:
Exhibit A — Site Location
Exhibit B — Berning Feedlot Setback
Exhibit C — Arbor Creek 3rd Addition Preliminary Plat
Exhibit D — Arbor Creek 3rd Addition (Proposed)
Exhibit E — Arbor Creek 3rd Addition (Actual)
ANALYSIS
Zoning. The subject parcel is zoned R-6, Medium Density Residential District. Single
family dwellings are a permitted use of the R-6 District.
0
Feedlot Setback. Section 20-27-9 of the Zoning Ordinance requires a 1,000 -foot
setback for any new dwelling from a registered feedlot. The Berning feedlot located
north of 80th Street and east of MacIver Avenue is a registered feedlot under Section
20-27-2.8 of the Zoning Ordinance. The setback required from the Berning feedlot was
identified as part of the preliminary plat review of Arbor Creek.
Lot 1, Block 1 Arbor Creek 3rd Addition. The subject site was proposed to be final
platted as part of the Arbor Creek 2nd Addition. A condition of approval for the 2nd
Addition the developer to submit house plans for these lots illustrating compliance with
the setback requirement or plat all lots within the 1,000 -foot feedlot setback illustrated
on the final plat as outlots. The subject site was established as outlot on the 2nd
Addition final plat that was recorded.
Plans submitted to our office for the proposed third addition did not include the subject
site. The City Engineer indicates that the construction plans the �r received for the 3rd
Addition did include the subject site. The approval for the 3r Addition included a
condition that any proposed lot within 1,000 feet of the Berning feedlot be platted as an
outlot unless building plans demonstrated feasible use of the property. The final plat
signed by the City and recorded with Wright County includes the subject site as Lot 1,
Block 1 establishing a lot of record.
The developer of Arbor Creek, Emmerich Development sold the subject site to the
applicant. The City has issued a building permit to the applicant for construction of a
single family dwelling upon the property. After the feedlot operator questioned the
location of the home under construction, City staff reviewed the site plan and final plat
and determined that the house is 925 feet from the Berning feedlot. The City Attorney
advises that the establishment of the lot of record and issuance of the building permit
conveys entitlements to the applicant. City staff advised the applicant to apply for a
variance from the feetlot setback requirement.
Variance Criteria. Section 20-6-2 of the Zoning Ordinance outlines the variance
criteria that must be considered by the Planning Commission and City Council when
reviewing a variance request as follows:
1. In considering all requests for a variance and in taking subsequent action, the
Planning Commission and the City Council shall make a finding of fact that the
proposed action will not:
a. Impair an adequate supply of light and air to adjacent property.
b. Unreasonably increase the congestion in the public street.
C. Have the effect of allowing any uses which are prohibited, permit a lesser
degree of flood protection than the flood protection elevation for the
particular area, or permit standards which are lower than those required
by State law.
2
2
d. Increase the danger of fire or endanger the public safety.
e. Unreasonably diminish or impair established property values within the
neighborhood or in any way be contrary to the intent of this Chapter.
f. Violate the intent and purpose of the Comprehensive Plan.
g. Violate any of the terms or conditions of Item 2, below.
A variance from the terms of this Chapter shall not be granted unless it can be
demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of
special conditions and circumstances which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures or buildings in the same district or area.
(1) Special conditions may include exceptional topographic or water
conditions or, in the case of an existing lot or parcel of record,
narrowness, shallowness, insufficient area or shape of the property.
(2) Undue hardship caused by the special conditions and
circumstances may not be solely economic in nature, if a
reasonable use of the property exists under the terms of this
Chapter.
(3) Special conditions and circumstances causing undue hardship shall
not be a result of lot or building size, or building location when the
lot qualifies as a buildable parcel.
b. Literal interpretation of the provisions of this Chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same
district under the terms of this Chapter or deny the applicant the ability to
put the property in question to any reasonable use.
C. The special conditions and circumstances causing the undue hardship are
not the result from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any
special privilege that is denied by this Chapter to other lands, structures or
buildings in the same district under the same conditions.
e. The request is not a result of non -conforming lands, structures or buildings
in the same district.
f. The request is not a use variance.
W
g. The variance requested is the minimum variance necessary to accomplish
the intended purpose of the applicant.
City staff advises approval of the variance is necessary to avoid creating undue
hardship for the applicant as the subject site is a lot of record and denial of the variance
will refuse the applicant the right to put the property to reasonable use.
CONCLUSION/RECOMMENDATION
The Planning Commission and City Council have the option of either approving or
denying the requested setback variance. However, it is the recommendation of City
staff that the Planning Commission and City Council approve the proposed variance,
based upon the findings outlined below.
POSSIBLE ACTIONS
A. A motion to approve the variance request based on a finding that denial of the
variance would refuse the applicant the ability to put the property in question to
reasonable use.
1. The subject site as a legal lot or record and a building permit has been
issued for construction of a single family home upon the property.
2. Denial of the variance would deny the applicant the ability to put the
property in question to a reasonable use.
B. Motion to deny the variance request based on a finding that satisfaction of
criteria for approval has not been demonstrated.
C. Motion to table the request.
C. Mike Robertson
Judy Hudson
Ron Wagner
Andy MacArthur
Mike Rolfe
John Jackels
Tom Berning
S
3
FEED LOT
BUILDING LIMITS
CITY OF OTSEGO, MINNESOTA
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J MUMM39 PRANK RWS ASSOCIATfs9, INC.
}NfWlEUA AND t -k slmlarti{7
SIILllI' 2 U F 151[P.87 ;
TO. Otsego Planning Commission
Frare Tom Beming/Barb Beming
DMw. June 19, 2006
Re: Public Commentary on Variance from Feedlot Setback
Beming Family Dairy Inc. owned by Barbara Beming and Thomas Beming, requests that the
variance request by Rolfe Builders Inc. be denied.
The request should be denied based on not meeting the variance criteria in section 20-6-2 of
the zoning ordinance including 1. c., 2. c., and 2. d.
1. C. Granting the Variance would allow a use which is prohibited in Section 20-27-9 of the
zoning ordinance requiring a 1,000 foot setback for any new dwelling from a registered
feedlot.
2. C. The hardship created is the result of Emmerich development knowingly submitting Lot
1, Block 1 Arbor Creek Td Addition as a buildable lot not in the Td addition preliminary
Plat, but in the and addition Final Plat, when in fact they had been notified and followed
through previously in submitting that particular lot as an outlot in the Arbor Creek 2"d
addition Final Plat_
3. D. Granting the Variance request will in fact confer on the applicant special privileges that
are denied by the 1000 foot setback.
Conclusion
Emmerich development should handle this issue with Rolfe Builders since they created the hardship by
knowingly submitting as a buildable lot what had previously been documented as an outiot due to the
1000 foot setback.
Otsego should not set a precedence of allowing Emmerich development, to operate without following
Otsego's ordinances.
If the Variance is given, Otsego needs to not allow this to set a precedence for additional building within
the 1,000 foot setback and Rolfe Builders, Inc. should inform all potential buyers of the dwelling that it
was built with a variance, allowing it to be within 1,000 feet of Beming Family Dairy and accept that at
times there may be odors and sound that are associated with being located near Beming Family Dairy.
0
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersa,nacplanning.com
19 June 2006
Thomas and Barbara Berning
Berning Family Dairy, Inc.
11756 801h Street NE
Otsego, MN 55301
Dear Mr. and Mrs. Berning:
This office serves as the City Planner for the City of Otsego.
We have received a copy of your correspondence dated 19 June 2006 regarding the
Rolfe Builders Inc. variance application. We understand that you will be unable to
attend the public hearing and are writing to provide you the responses we will offer in
regard to your comments:
1. The variance is not a use variance. The zoning of the lot allows use of the
property as a single family dwelling. Use of the property for a single family
dwelling is further subject to other performance standards established by the
Zoning Ordinance, including the 1,000 foot setback from a registered feedlot. An
example of a use variance would be allowing a gas station to be constructed in a
residential district, where the Zoning Ordinance would not otherwise allow that
use to locate.
2. We agree that the hardship is a result of actions by Emmerich Development, Inc.
and the City of Otsego in allowing the subject site to be established as a lot of
record. However, the transfer of the lot between Emmerich Development, Inc.
and Rolfe Builders, Inc. creates a situation where a third party is involved and
that third party cannot be proven to have caused the hardship.
3. Granting a variance to allow construction of a home within the 1,000 foot setback
is a situation unique to the subject site as there are no other properties within
1,000 feet of a registered feedlot upon which a house cannot be built in
accordance with the provisions of the Zoning Ordinance.
Thomas and Barbara Berning
19 June 2006
Page 2
As Mr. Berning and I discussed on the phone on Friday, 16 June 2006 City staff is
recommending approval of the variance. Approval of the variance will in no way
establish precedence for platting of additional lots currently platted as outlots or
construction of additional homes within 1,000 feet of the registered feedlot in
accordance with the Zoning Ordinance and the preliminary plat approval for Arbor
Creek.
Knowing that you are unable to attend the Planning Commission meeting on 19 June
2006 and recognizing that you are likely the only persons affected by the variance
application other than Rolfe Builders, Inc., we will advise the Planning Commission that
they have the option of tabling the request to their meeting on 10 July 2006 to allow you
the opportunity to appear and speak.
In closing, I would note that we understand your request that the Planning Commission
and City Council deny the variance request. We acknowledge our part in allowing the
lot to be final platted and recorded and have taken appropriate steps to ensure that the
documents formalizing the actions of the City Council are correct.
If you have any questions or wish to discuss this matter, please do not hesitate to call
me at your convenience.
Sincerely,
NORTHWEST ASSOCIATED CONSULTANTS, INC.
D. Daniel Licht, AICP
Senior Planner
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
Ron Wagner, City Engineer