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HomeMy WebLinkAboutItem 06.lMay 31, 2012 Item No. JUNE 4, 2012 CITY COUNCIL MEETING DAVID AND LINDA COLLINS CONDITIONAL USE PERMIT AMENDMENT Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the David and Linda Collins conditional use permit amendment and adopt the findings of fact. Adoption of this motion will allow the expansion of a non - conforming single family home in the Shoreland Overlay District of Crystal Lake located at 9845 Oak Shore Drive. Overview David and Linda Collins have submitted an application and plans for a conditional use permit amendment to allow a living area expansion of an existing non - conforming single family home on Crystal Lake located at 9845 Oak Shore Drive. The property is zoned RS -3, Single Family Residential District and is located within the Shoreland Overlay District of Crystal Lake. The existing house has a non - conforming garage setback from the front (Oak Shore Drive) property line. The Planning Commission held a public hearing on May 24, 2012 to consider the conditional use permit amendment request. The Planning Commission recommended unanimous approval of the conditional use permit amendment subject to the stipulations listed in the May 18, 2012 planning report. There was no public comment at the public hearing. Primary Issues to Consider Are there other existing non - conformities besides the front yard house setback? Approval of the Conditional Use Permit Amendment will result in the elimination of three other existing non - conformities as described in the May 18, 2012 planning report. Supporting Information • Conditional Use Permit form • Findings of fact • The May 24, 2012 draft Planning Commission meeting minutes • May 18, 2012 planning report 11 .t1,4 em se AIC Asso is Frank D p y, to Planner Financial Impact: $ None Budgeted: Y/N N/A Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT AMENDMENT NO. 12- 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit Amendment for David and Linda Collins to allow an expansion of an existing non - conforming single family home in the RS -3, Single Family Residential District and Shoreland Overlay District of Crystal Lake located at 9845 Oak Shore Drive. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 10, Block 1, Oak Shore Third Addition 3. Conditions. The permit is issued subject to the following conditions: a) The house and site improvements shall be constructed as shown on the plans approved by the City Council. b) A financial security of $1,000 shall be submitted prior to the issuance of a building permit to guarantee the following: i. Removal of the detached accessory building from the property. ii. Removal of impervious pavers to achieve a maximum impervious surface area of 25 %. iii. Installation of the pervious pavers in accordance with the approved plans. iv. Removal or relocation of the kennel to a location in compliance with setback requirements. 1 c) The total impervious surface area of the property shall not exceed 25 %. d) A building permit shall be required prior to commencing any construction on the property. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of the permit. 5. Lapse. If within one year of the issuance of this permit, the addition has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit amendment is a criminal misdemeanor. The following instrument was acknowledged before me this day of , 2012 by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Date: CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA COLLINS CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT On May 24, 2012, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of David and Linda Collins for a conditional use permit amendment to allow an expansion of an existing non- conforming single family home located at 9845 — Oak Shore Drive in the RS -3, Single Family Residential District and Shoreland Overlay District of Crystal Lake. The Planning Commission conducted a public hearing on the proposed conditional use permit amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is zoned RS -3, Single Family Residential District and lies within the Shoreland Overlay District of Crystal Lake. 2. The property is located in Planning District No. 2 of the Comprehensive Land Use Plan which encourages low density residential development in sewered areas and on the subject property together with the strict enforcement of environmental regulations. 3. The legal description of the property is: Lot 10, Block 1, Oak Shore Drive 4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance requires the consideration of possible adverse affects of the proposed conditional use permit amendment. The affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The residential use of the property is consistent with the Comprehensive Land Use Plan. The proposed construction will not increase the existing non - conformities. b) The proposed use will be compatible with present and future land uses of the area. 1 The proposed construction is compatible with the existing single family houses in the area provided the property owner complies with the stipulations of the conditional use permit amendment. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed construction is consistent with the single family residential use of the property and the surrounding neighborhood. The proposed construction will reduce existing non - conformities and will meet the performance standards contained in the Zoning Ordinance. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The subject properly lies within the existing MUSA. The house is served with existing public services. The proposed construction will not overburden the City's service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generated by the single family home will be consistent with other single family homes in the neighborhood and can be accommodated on existing roadways. 5. The planning report, revised May 18, 2012, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: June 4, 2012 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk May 24, 2012 Planning Commission meeting was called to order by Chair Lillehei in th- ity Hall Council Chambers at 6:00 p.m. Flag pledge • d roll call of members: Present: ' • air Lillehei Vice hair Boerschel Comm Toner Drotning Commissi. er Grenz Commissione aguire Commissioner vers Ex- officio Fitzhenry Absent: Commissioner Davis Staff Present Daryl Morey, Planning 1 ' ector; ' tev M chaud, Parks and Recreation Director; Frank Dem aA . ociate anner; Daniel Licht, The Planning Company; Roger Kniitson Ci • ttorneyd sand Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEND MINUTE The May 3, 2012 Planning Comm ssion meeting minutes were - . proved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Mo stated .ghat due 4 Commissioner Davis being unable to a d tonight's meeting he has sub hist ";comments regarding Agenda Item 6, Park ►` - dication Fees,a,.an e-mail, which were 'd s`tributed to the Planning Commission to be ' uded in the ..,ff1cial rccord for temgh# mcctmg. ITEM 5. DAvitrANp LINDAgOLLINS CITY OF LAKEVILLE Planning Commission Meeting Minutes MAY 24, 2012 Chair Lillehei open:6011e public hearing to consider the application of David and Linda Collins for a conditional use permit amendment to allow an addition to a single family home with an existing non - conforming front yard setback within the Shoreland Overlay District of Crystal Lake, located at 9845 Oak Shore Drive. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. David Collins and his architect Ray Miller were in attendance at tonight's meeting. Mr. Miller presented an overview of the request. Mr. Miller commented on the impervious surface area and explained what the applicant would be doing to get the impervious surface area down to 25 %. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the applicant is proposing to construct a 176 square foot living area addition to the north side of their house over what is currently a patio area of impervious brick pavers. He indicated that the conditional use permit amendment requires the identification and • elimination of zoning non - conformities where practical. M Dempsey indicated that the proposed new construction and site improvements undei • conditional use permit amendment will meet all setback requirements and walk: result ° :,an overall decrease in the existing non - conformities. Mr. Dempsey presented a brief description ,f;'tie non - conformities arid;how they will be eliminated or reduced according to the proposed plans,.: H e commend• that if the non - conformities were taken care of prior ia =xa. buatdzig permit being issued, the applicant would not need to submit a $1,000 security s'-stated in stipulation 3. Mr. Dempsey stated that PlanningR Depait ent staff?: recommends approval of the Collins conditional use permit amen May 18, 2012 planning re or Chair Lillehei open :the hearirig;to the pi ii c for comment. There were no comments 12.32 Motion eand seconded to close the public hearing at 6:12 p.m. Ayes. Maguire, Bete •schel, Lillehei, Reuvers, Grenz, Drotning. Nay, Chair L l;ei asked for caz'tments from the Planning Commission. 2 Planning Commission Meeting May 24, 2012 ent, 'sub ject to tte 4 -, stipulations listed in the • The Planning Commission appreciated that most of the non - conformities were being remav is r reduced with this conditional use permit amendment. If this was a confortiiing use there would be no need for a conditional use permit amendment and it would be approved administratively. • For the benefit of the audience Commissioner Grenz asked that an explanation of pervious and impervious be given. Mr. Dempsey explained the difference between pervious and impervious surfaces. 12.33 Motion was made and seconded to recommend to City Council approval of the David and Linda Collins conditional use permit amendment to allow an addition to a single family home with an existing non - conforming front yard setback within the Shoreland Overlay District of Crystal Lake, located at 9845 Oak Shore Drive, subject to the following 4 stipulations: 1. The house and site improvements shall be constructed as shown on the plans approved by the City Council. 2. The total impervious surface area of the property shall not exceed 25 %. 3. A financial security of $1,000 shall be submitted prior to the issuance of a building permit to guarantee the following: a) Removal of the accessory building from th ro er P P t3'• b) Removal of impervious pavers to ache ea maximum impervious surface area of 25 %. c) Installation of the pervious pavers in accordance. the approved plans. d) Removal or relocation af' °the kennel to a locationin compliance with setback requireme 4. A building permit shall be required prior to.,com encing any construction on the property. Ayes: Boerschel, Lillehei, Reuvers, Greriz Maguire. Nays: 0 EM 6. CITY Or LAKEVJI)L; 3 Planning Commission Meeting May 24, 2012 r . Chair L' . ei opera: the public' bearing to resider an ordinance amending Title 10 of the Lakeville Cede (the ,St i ivision Ordinance) concerning park dedication fees. The Recording Se �: a _see d °` at fhe ;legal notice had been duly published in accordancevi'State S �' es and City Cod Park nd Recreatior " Director::: e Michaud stated that he updates the Lakeville Parks'':T.xails and Open:%Space Pied a• - oximately every five years, which requires review b itle Parks, Recreation and Natur esources Committee and the Planning Commission; as.an amendment to the City's Comp - ensive Plan. He indicated that the next Plan up dat e. i currently underway and will . - forwarded to the Planning Commission in the nex°t;couple of months. Mr. Michaud stated that the City has received a formal challenge to th- .ark dedication fee component of the Subdivision Ordinance and by State Statute the needs to respond to this action. He indicated that City staff has been diligently rese g various options to address this issue and have prepared a detailed report which D Licht of TPC will present to the Planning Commission. Memorandum To Planning Commission From: rank Dempsey, AICP, Associate Planner Date: May 18, 2012 Subject: Packet Material for the May 24, 2012 Planning Commission Meeting Agenda Item: David and Linda Collins Conditional Use Permit Amendment Application Action Deadline: June 22, 2012 INTRODUCTION David and Linda Collins have submitted an application and plans for a conditional use permit amendment to allow an expansion of an existing non - conforming single family home on Crystal Lake located at 9845 Oak Shore Drive. The property is zoned RS -3, Single Family Residential District and is located within the Shoreland Overlay District of Crystal Lake. A conditional use permit was approved for a previous addition to this house in 1994. At that time, a number of non - conforming conditions were removed. The present property owners purchased the property in 2009. The existing house has a non - conforming garage setback from the front property line. The Zoning Ordinance allows additions and expansions to non - conforming structures in the Shoreland Overlay District subject to the approval of a conditional use permit provided the addition meets all setback requirements and any existing non - conformities are removed. EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Certificate of Survey D. Impervious Surface Area Worksheet E. Architectural Site Plan F. Floor Plan G. Architectural Elevation Plan Item No. City of Lakeville Planning Department PLANNING ANALYSIS Section 11- 102 -15B of the Zoning Ordinance requires that all additions or expansions to the outside dimensions of an existing nonconforming single - family structure in the Shoreland Overlay District be allowed by conditional use permit provided the addition or expansion meets the setback, height, and other requirements of the Zoning Ordinance. The proposed new construction and site improvements will result in an overall decrease in the existing non - conformities. The subject property was platted as Oak Shores 3rd Addition in 1969. The house was constructed in 1973. The current property owners purchased the property in 2009. The survey indicates that the house is set back between 79 feet and 117.5 feet from the Crystal Lake Ordinary High Water Level (OHWL) elevation of 934.5 feet. The applicants propose to construct a 176 square foot living area addition to the north side of the house over what is currently an impervious surface patio area of brick pavers. The conditional use permit amendment requires the identification and elimination of any zoning non - conformities where practical. The property and the existing house and site improvements include the following non - conformities. A brief description of how these non - conformities will be eliminated or reduced according to the proposed plans is also included. 1. The house does not meet the 30 foot front yard setback. The house is set back 22.7 feet from the front property line. The proposed addition will be located on the opposite side of the house and will meet all setback requirements. 2. The deck on the west side of the house does not meet the minimum 10 foot side yard setback. The conditional use permit approved in 1994 addressed this non- conforming setback and a stairway encroachment at that same location. The property owner at that time removed the stairway encroachment as a stipulation of the conditional use permit. The northwest corner of the existing deck encroaches slightly into the west side yard setback and will remain as a recognized non- conforming setback. 3. The accessory building located between the house and the lake does not meet the 75 foot minimum setback to the OHWL and is located in a drainage and utility easement. The 123 square foot accessory building was constructed by a previous owner and will be removed as shown on the survey to comply with the setback requirements and impervious surface area requirements. 2 4. The dog kennel is located in a drainage and utility easement and does not meet the minimum 10 foot side yard setback requirement. The kennel shall be relocated outside the easement and must be setback not less than 10 feet from the side property line. The kennel includes an enclosed chain link fence type of enclosure and does not include an impervious surface floor. The kennel cannot have an impervious surface ground cover so that the property can meet the maximum impervious surface area requirements. 5. The property exceeds the maximum permitted impervious surface requirement of 25 %. In order to accommodate the proposed house addition, the property owner will remove the accessory building from the property and remove existing paving bricks to achieve an impervious surface area of25% as shown on the survey and tabulation narrative. The previous property owner provided a site plan that proposed an impervious surface area of 24 %, which met the Zoning Ordinance requirements at that time. Between 1994 and today, the paver brick patio area behind the lower level of the house was expanded, and the accessory building and kennel were placed in their present locations. The proposed addition would increase the impervious surface area to 27 %. The applicant is proposing to remove some of the impervious pavers, install pervious pavers to off -set the impervious pavers being removed and remove the shed. It is common practice acceptable to the Department of Natural Resources to allow 25% of the surface area of pervious pavers to be credited toward the overall impervious surface area of the property. The proposed impervious surface area of the property including the house and garage, driveway, new addition, and the modified patio and removal of the shed will result in an overall impervious surface area of 25 %. By dividing the lot area from the impervious surface area, the total percentage of impervious surface area can be determined as follows: Lot Area (18,750 square feet) Impervious Surface Area with Pervious Paver Credit of 25% (4,697 square feet) Total Proposed Impervious Surface Area = 25% House Addition. The addition will be sided with stucco to match the existing house exterior. The exterior materials meet Zoning Ordinance requirements. Tree Preservation /Removal. The site plan identifies 20 significant trees on the property. The site plan proposes to remove four significant ash trees in the area of the proposed addition. A large number of significant trees will remain between the house and the lake. 3 Department of Natural Resources. The DNR has been notified of the proposed conditional use permit amendment and has not responded with any concerns. RECOMMENDATION Planning Department staff recommends approval of the Collins conditional use permit amendment subject to the following stipulations: 1. The house and site improvements shall be constructed as shown on the plans approved by the City Council. 2. The total impervious surface area of the property shall not exceed 25 %. 3. A financial security of $1,000 shall be submitted prior to the issuance of a building permit to guarantee the following: a) Removal of the accessory building from the property. b) Removal of impervious pavers to achieve a maximum impervious surface area of 25 %. c) Installation of the pervious pavers in accordance with the approved plans. d) Removal or relocation of the kennel to location in compliance with setback requirements. 4. A building permit shall be required prior to commencing any construction on the property. Findings of fact are attached for your review. cc: David and Linda Collins Ray Miller 4 9845 Oak Shore Drive , Allkosiaso07 41111;ii ......... w 10 4. N ilia .4 � sno 1Iigitt ; ;1 e,a„d .� 4 t o of vstal Lake pp „ad 7-11 1111111k 7w 11111 111111i At iiill011.11111K RM -1 Burnsville RM- 165TH ST W RM -1 DR Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Page 1 of 1 Map Scale 1 inch = 289 feet EXHIBIT B http: / /gisx.co. dakota. mn. us/ website /dakotanetgis /printPreview.aspx ?PrintOptData= Dakota ... 4/19/2012 F--1 SURVEY FOR DESCRIBED AS : Lot 10, Block 1, OAK SHORES 3RD ADDITION, City of Lakeville, Dakota County, Minnesota and reserving easements of record. EXISTING CONDITIONS House &Garage = 2.896 sq.ft. Driveway = 1,453 sq.ft. Patio = 584 sq.ft. Shed = 123 sq.ft. TOTAL IMPERVIOUS = 5,056 PROPOSED CONDITIONS House &Garage = 2,896 sq.ft. Driveway = 1,453 sq.ft. Proposed Addition =176 25% Credit of 229 sq ft Pervious Paver Installation =172 Remove Shed TOTAL IMPERVIOUS = 4,697 EXISTING ELEVATIONS Top of Foundation Garage Floor Basement Floor Proposed Elev. Existing Elev. Drainage Directions Denotes Offset Stake = • Linda & Dave Collins = 950.9 =949.4 =942.0 = 0 • As— Built Certificate Exst. Hse. GF =948.2 i 947.2 15 "Ash Rock e ,-,{,, i ,C O W 0 O R 4,20 946.4 934.5 Contour r -. `.: 938.1 939.9 12 "As 941.3 940.2 14 As 941.3 5 "Spr 941. 936.9 SCALE: 1 inch = 30 feet C.Ry 12"FES ice_ p �� 934.5 933 5 934 .5 0 an 2/2/12 Phone Ped 948.1 EIec.Ped 948.1 948.1 8 Q LOT SQ. FOOTAGE = 18,750 EXIST. IMPERV. SQ. FOOTAGE = 5,056 EXIST. IMPERVIOUS COVERAGE = 27% PROP. IMPERV. SQ. FOOTAGE = 4,697 IMPERVIOUS COVERAGE = 25% r'- Kennel 7 938.7 O L__ 950.3 _ 8 7.1 ''- - Exst. Hse. GF= 951.0 937 BENCHMARK, 935.9 936.4 MIN. SETBACK REQUIREMENTS Front —30 House Side —10 Rear —75 Garage Side —10 From OWL HEDL UND PLANNING ENGINEERING SURVEYING 2005 Pin Oak Drive Eagan, MN 55122 Phone: (651) 405 -6600 Fax : (651) 405 -6606 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN. DATE 5 / 17/12 qi INNESOTA LICENSE NU Y D. LINDGREN, L D SURVEYOR BER 14376 JOB NO: 12R -009 BOOK: PAGE: CAD FILE: Misc -12 9845 Oak Shore Drive - Collins Residence impervious coverage worksheet Existing conditions lot square footage house and garage 2,896 driveway 1,453 patio 584 shed 123 TOTAL IMPERVIOUS impervious % 27.0% Proposed condition changes to reach impervious goal lot square footage house and garage driveway TOTAL IMPERVIOUS 2,896 1,453 18,750 5,056 18,750 4,697 impervious % 25.0% EXHIBIT D 7 i 5 ±u tri Gd 239.9 12 "As 941. 943._ 14 941.3 0 1 5 " Sp 941 • 10 9 ,0 h Spruce 39s 5_ •1 5Ih 15"Ash ;� 93$. 939.9 II /1 0"Ash 1€ " 0 94 2 41.O (� 15 "Ash ° I likr l41.7 race 949.5 �� • . ~� Alb,' 26"Ash 3 4 7.$ 23 5' -- 24 9 •.1 L 1 1 0 4. 4„y 937,1 c j he,Ivbe- 0 3$ "Cotton 937,5 7.8 4"Spruc 936.8 27" M1ple 938 co 0 0 c 0) Phone P 948.1 EIec.Pe 948.1 948• _