HomeMy WebLinkAbout13.B.2. Appeal of Board of Adjustments and Appeals Denial of Variance on Allowable Building Materials for Valleyfair
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CITY OF SHAKO PEE
Memorandum
CASE NO.: 06-062
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Appeal ofthe Board of Adjustment and Appeals Determination on
Allowable Building Materials for Valleyfair, located at One Valleyfair
Drive
DATE: June 6, 2006
INTRODUCTION
Valleyfair has filed an appeal of the Board of Adjustment and Appeals (BOAA) decision
concerning a variance to allow for the construction of two (2) 40' by 32' steel sided buildings at
their property, which is located at One Valleyfair Drive.
The applicant noted in their application that the proposed buildings would remain consistent with
existing steel structures, and by doing this, it would not draw attention to the proposed building.
They also noted that this view of the park along Highway 101 is a service area, and that they are
presently looking into additional landscaping in this area in an effort to enhance the appearance of
the park from Highway 101.
Planning staff noted that the back sides of the proposed building would be quite visible from the
adjacent Highway 101, and that there are other Valleyfair buildings in the vicinity ofthese proposed
structures that utilize building materials that are consistent with the current City Code requirements.
Those existing buildings at Valleyfair that are constructed of steel would be considered legal non-
conforming structures that were constructed prior to the current code language, which includes text
in Sect. 11.60, Subd. 4 A.4. that states "major exterior materials prohibited include sheet metal,
corrugated metal, or unfinished metal (except copper or other metal specifically engineered for
exterior architectural use" (Section 11.60, Subd. 4.A.1-5, attached). Additionally, Subd. 4A.l. of
the same section includes text that states building materials shall be attractive in appearance, and all
new building facades and refaced facades of existing buildings shall include a minimum ofthree of
the design elements listed in the City Code (which include accent materials, window coverage on
each front that faces a street, contrasting yet complementary material colors, a combination of
horizontal and vertical design features, and varying wall depths and shapes).
The Board of Adjustment and Appeals held a public hearing on variance request for Valleyfair at
its May 18, 2006 meeting. By a 4-Jvote, the Board denied the Variance request. The Board
determined that the request did not meet all ofthe criteria required for granting the variance, that
there were numerous building materials available for the applicant to utilize that would be
consistent with the City Code regulations, and that this is an opportunity for Valleyfair to
.--7
improve the outwardly appearance of the park. A copy of the May 18, 2006 Variance staff
report to the Board of Adjustment and Appeals, which includes the resolution denying the
variance request, is attached for the Council's reference.
ALTERNATIVES
1. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to
prepare a resolution for the Council's consent agenda that is consistent with that decision.
2. Uphold the appeal of the applicant, thereby granting the requested variance, and direct
staff to prepare a resolution for the Council's consent agenda that is consistent with that
decision.
3. Table the appeal for additional information.
ACTION REQUESTED
Offer a motion directing staff to prepare a resolution for action at the next meeting, and move its
adoption.
~ --------
Planner II
g: \cc \2006\06-06\appeal valleyfairvariance.doc
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l CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-054
TO: Board of Adjustment and Appeals
FROM: Mark Noble, Planner II
SUBJECT: Variance to Allow the Construction of Steel Sided Buildings in the Major
Recreation Zone
MEETING DATE: May 18, 2006
REVIEW PERIOD: April 7, 2006 -- August 4,2006
Site Information
Applicant: Valleyfair
Property Owner: Valleyfair
Location: 1 Valleyfair Drive (North of CSAH 101, West of Valley Park Drive,
extended)
Current Zoning: Major Recreation (MR) Zone/ Planned Unit Development
Adjacent Zoning: North: Agricultural Preservation (AG)Zone
South: Heavy Industry (1-2) Zone
West: Major Recreation (MR) Zone/ Planned Unit Development
East: Major Recreation (MR) Zone/ Planned Unit Development!
Agricultural Preservation (AG) Zone/Highway Business (B-1) Zone
Compo Plan: Entertainment
Acreage:
MUSA: The site is within the MUSAboundary.
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: Site PlanslElevations
INTRODUCTION
Valleyfair has submitted an application for a Variance to allow for the constmction of two (2) 40'
by 32' steel sided buildings at their property, which is located at 1 Valleyfair Drive (Exhibit A).
The applicant has stated that these buildings will be consistent with existing storage buildings and
surrounding steel structures, and that they will not adversely affect area propeliy values or change '
the appearance of the property. The applicant has submitted plans that illustrate and describe the
proposed buildings materials and design (Exhibit B).
Planning staffnoted that the back sides of the proposed building would be quite visible from the
adj acent Highway 101, and that there are other buildings in the vicinity of these proposed structures
that utilize building materials that are consistent with the current City Code requirements. If there are
1
.,
buildings that are constructed of steel, it would be that those buildings are legal non-conforming
structures that were constructed prior to the current code language, which includes text in Sect.
11.60, Subd. 4 A.4. that states "major exterior materials prohibited include sheet metal, comlgated
metal, or unfinished metal (except copper or other metal specifically engineered for exterior
architectural use" (Section 11.60, Subd. 4.A.1-5, attached). Additionally, Subd. 4A.1. of the same
section includes text that states building materials shall be attractive in appearance, and all new
building facades and refaced facades of existing buildings shall include a minimum ofthree ofthe
design elements listed in the City Code (which include accent materials, window coverage on each'
front that faces a street, contrasting yet complementary material colors, a combination of horizontal
and vertical design features, and varying wall depths and shapes).
FINDINGS:
Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all
of the following circumstances are found to exist. . Staff has provided draft findings for purposes of
discussion by the Board. The Board may use or modify these draft findings as it sees fit, as well as
propose other findings.
Criterion I:
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
I.A. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls;
Finding J.A. The property can continue to be utilized as a commercial development with buildings
to be constructed of mate rials that would comply with the regulations as stated in the City Code.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding J.B. The plight of the applicant/landowner is not due to circumstances unique to the
property. The circumstances are based on their desire for utilizing building materials that are not
consistent with the current City Code regulations.
I.C. The circumstances were not created by the landowner;
Finding J. C. The circumstances were created by the applicant/landowner as a result of their desire
for buildings that do not meet the design standards of the City Code.
1.D. The variance, if granted, will not alter the essential character of the locality; and
Finding J.D. The variance would alter the essential character of the locality.
t.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
Finding I.E. The problems do not extend beyond economic considerations.
Criteriop. 2:
2
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
Finding 2.
The proposed variance would not be in keeping with the spirit and intent of Chapter 11 (Zoning) in
that it would allow additional signage beyond what is allowed by City Code.
Criterion 3:
The request is not for a use variance.
Finding 3.
The request is not a use variance.
Criterion 4:
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4.
(Dependent on the Board's action on the request.)
Criterion 5:
Variances in the flood plain overlay zone also shall meet the following criteria:
Finding 5.
(Not applicable since the property is not within the flood plain overlay zone)
ALTERNATIVES:
1. Approve Resolution No. PC06-054, a resolution denying the variance request to allow steel
sided buildings, and move its adoption.
2. Approve the variance request to allow steel sided buildings and direct staff to prepare a
resolution with findings as proposed by the Board, and move its adoption.
3. The Board may table the request for additional information.
RECO~ENDATIONS
Staffrecornmends Alternative No.1, approval of Res. No. PC06-054, as presented.
ACTION REQUESTED
Offer a motion approving Resolution No. PC06-054, a resolution denying the variance request to
allow steel sided buildings, and move its adoption.
~
Mark Nob e .
Planner II
g:\boaa-pc\2006\05-18\varvalIeyfair06054,doc
3
~SOLUTION NO. PC06-:054
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A VARIANCE
REQUEST BY V ALLEY FAIR TO ALLOW THE CONSTRUCTION OF STEEL SIDED
BUILDINGS AT 1 V ALLEY FAIR DRIVE.
WHEREAS, Valleyfair, applicant and property owner, has filed an application dated Ap1i1 6,
2006 for a Variance to allow the construction of steel sided buildings under the provisions of
Chapter 11 (Zoning) of the Shakopee City Code; and
WHEREAS, this parcel is presently zoned Major Recreation (MR) Zone/ Planned Unit
Development Overlay Zone; and
WHEREAS, the property upon which the request is being made is legally described as:
See Exhibit],' and
WHEREAS, notice was provided and on May 18, 2006, the Board of Adjustment and Appeals
conducted a public hearing regarding this application, at which it heard from the Community
Development Director and invited members of the public to comment.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the application for Variance is hereby DENIED, based on the following findings with respect to
City CodeSec, 11.89, Subd. 2, "Criteria forGranting Variances."
Criterion I
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means the
following:
1.A. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls:
Finding 1.A. The property can continue to be utilized as a commercial development with buildings
to be constrUcted ofmaterials that would comply with the regulations as stated in the City Code,
I.B. The plight of the landowner is due to circumstances unique to the property;
4
Finding J.B. The plight of the applicant/landowner is not due to circumstances unique to the
property. The circumstances are based on their desire for utilizing building materials that are not
consistent with the current City Code regulations.
I.C. The circumstances were not created by the landowner;
Finding J.e. The circumstances were created by the applicant/landowner as a result of their
desire for buildings that do not meet the design standards of the City Code.
l.D. The variance, if granted, will not alter the essential character of the locality; and
Finding J.D. The variance would not alter the essential character of the locality.
I.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
Finding J.E. The problems do not extend beyond economic considerations.
Criterion 2
.It has been demonstrated that a variance as requested will be in I{eeping with the spirit and intent
of this Chapter.
Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter 11
(Zoning) in that it would allow additional signage beyond what is allowed by City Code.
Criterion 3
The request is not for a use variance.
Finding 3 The request is not a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4 (Dependent on the Board's action on the request.)
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria: ......
Finding 5 (Not applicable since the property is not within the flood plain overlay zone)
Adopted by the Board of Adjustment and Appeals pfthe City of Shako pee, Minnesota, this
18th day of May, 2006.
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ATTEST: /.~)~"'///J~Y~
Community Development Director
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Variance for Construction
Materials for 2 Storage Buildings
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January 31, 2006
, Ken Felber
1 Valley .F.Di~._Drlve
. Shakopee~ MN 5$379
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SPECIFICATIONS
40' x 80' x 12'-4" high (from.t(l.(~~_T.P..9.mP'9) storage ..... -.
STORAGE: 3-ply 2" x 6" laminatad columns spaced at ar.OJl on center, .
" set In ground 4'8" :t on poured concrete footings (footIng
'designed for assumed soli bearing of 2500 PSF).
2" x 8" treated planking at perimeter of building placed one
row high.
2" x.4".~~bypEla~':,w~H.glct!.~p~~~d.a~ 24" ~n ~en.ter. .. .
Roof trusses spaced "at 5'-O'l.on center wIth a 35--5-5 loading
at a 4:12 pitch.
211 x 4" roof purlins spaced at 16" on center.
Roof finish to be 29 gauge Pro-Panel1J steel in standard
colors.
~ Exterior walls to be ,29 gauge pro..Panel Il steelln standard
. colors.
All necessary trims and flashings.
ACCESSORIES: Two 3068 primed Insulated metal service door with wood
I~ wXl6 rI frames BRei daAda~ leek:sets.
Two 4er ^ 1 fj uninsulatedsteel overhead doors with PVC
weatherstrip In endwalt (In White).
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