HomeMy WebLinkAboutItem 06.hFrank Dempsey, AICP
Associate Planner
October 10, 2012 Item No.
GARY SARFF CONDITIONAL USE PERMIT
OCTOBER 15, 2012 CITY COUNCIL MEETING
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve
the conditional use permit for Gary Sarff and adopt the findings of fact as presented.
Adoption of this motion will allow the construction of a 192 square foot detached accessory
building on the property located at 11347 -1 78` Street.
Overview
Gary Sarff is requesting approval of a conditional use permit to allow the construction of a
detached accessory storage building in the rear yard of his property. The property is zoned
RST -2, Single and Two Family District.
The Planning Commission held a public hearing and unanimously recommended approval of
the conditional use permit at their October 4, 2012 meeting subject to six stipulations. There
was no public comment. Planning Department staff also recommends approval.
Primary Issues to Consider
Does the proposed detached accessory building meet all Zoning Ordinance requirements
and is it consistent with the neighborhood? The proposed detached accessory building meets
all setback, height and square footage requirements for the RST -2, Single and Two Family District
given compliance with the stipulations of the conditional use permit.
Supporting Information
• Conditional use permit form
• Findings of fact
• October 4, 2012 Planning Commission draft meeting minutes
• September 26, 2012 planning report
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance.
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 12-
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit to:
Gary Sarff to construct a detached accessory building resulting in a total accessory
building area greater than 750 square feet in the RST -2, Single and Two Family
Residential District on property located at 11347 - 1 78 Street.
2. Property. The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
Lot 20, Block 1, The Oaks of Lakevilla
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) The proposed detached accessory building shall be constructed in the location
identified on the certificate of survey submitted with the conditional use permit
application as prepared by James R. Hill, Inc. and dated August 27, 2012.
b) The detached accessory building shall be constructed with wood siding and
asphalt roof shingles and to the size and height identified on the plans submitted
with the conditional use permit application.
c) A building permit must be approved by the City prior to construction of the new
detached accessory building.
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d) No sewer or water service shall be provided to the detached accessory building.
e) The detached accessory building shall be kept, used and maintained in a manner
that is compatible with the existing single family detached townhome on the
property and shall not present a hazard to the public health, safety and general
welfare.
f) No home occupation shall be permitted within an accessory building on the
property. The accessory building shall not be used for the operation of any
commercial business or storage of commercial equipment.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the allowed use has not been
completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
DATED: October 15, 2012
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 15 day of October 2012, by
Mark Bellow, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted by its
City Council.
Notary Public
(SEAL)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SARFF CONDITIONAL USE PERMIT
FINDINGS OF FACT
On October 4, 2012 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider a conditional use permit to allow total accessory
building area greater than 750 square feet in the RST -2, Single and Two Family
Residential District on property located at 11347 - 178 Street. The Planning
Commission conducted a public hearing on the proposed conditional use permit
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:
1. The property is currently zoned RST -2, Single and Two Family Residential District.
2. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan,
which guides the property for medium density residential land use.
3. The legal description of the property is:
Lot 20, Block 1, The Oaks of Lakevilla, Dakota County, Minnesota.
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a conditional
use permit may not be issued unless certain criteria and satisfied. The criteria 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 detached accessory building on the 16,687 square foot property is consistent with
the RST -2 District zoning of the property and the detached townhome land use.
b. The proposed use is or will be compatible with present and future land uses of the
area.
Provided compliance with the conditional use permit, the proposed detached accessory
building will be compatible with existing and future land uses in the area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
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Provided compliance with the stipulations of the conditional use permit, the detached
accessory building will conform with all performance standards contained in the
Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
The property is served by City sanitary sewer and water. The detached accessory
building will have no impact on the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
The detached accessory building will not overburden the streets serving the property.
5. The planning report, dated September 26, 2012, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: October 15, 2012
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CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
October 4, 2012
air Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City
Ha . The pledge of allegiance to the flag was given.
Members - resent: Paul Reuvers, Bob Boerschel, Gerry Grenz, Karl Drotning, Ex-
officio Shaw itzhenry, and Chair Brooks Lillehei
Members Absent: : art Davis and Linda Maguire
Others Present: Daryl
and Penny Brevig, Recordin
4. Announcements
eve
5. Gary Sarff
rey, Planning Director; Frank Dempsey, Associate Planner;
ecretary
3. Approval of the Meeting Minu - s
The September 20, 2012 Planning C
presented.
mission meeting minutes were approved as
Mr. Morey stated that provided tonight's agenda i -m does not get tabled, the
October 18, 2012 Planning Commission meeting will i - cancelled due to lack of
agenda items.
Mr. Morey also indicated that if there would be any plats t• consider at the
November 1 Planning Commission meeting, the Parks, Recreati.. and Natural
Resources Committee would have to meet on either October th or 31
He suggested that the November 1 meeting be moved to .vember
8th. The Recording Secretary will send out an e-mail to survey the PI- • ning
Commission th
to be sure there would be a quorum if the meeting was move• o
Chair Lillehei opened the public hearing to consider the application of Gary Sarff for
a Conditional Use Permit to allow the construction of a shed resulting in total
accessory building area greater than 750 square feet on property zoned RST -2,
Single and Two Family Residential District, and located at 11347 — 178 Street. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Gary Sarff's wife, Trisha, presented an overview of their request. Ms. Sarff stated
that the shed is to store yard maintenance tools, a four - wheeler and trailer. She
P /arming Commission Meeting Minutes, October 4, 2012 Page 2
indicated that they have talked with their neighbors and nobody had an objection to
them putting up a shed.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the conditional use permit (CUP) is required because the combined area
of the attached garage and detached accessory building will exceed the maximum
750 square feet allowed by the Zoning Ordinance for the RST -2, Single and Two
Family Residential District unless approved by conditional use permit.
Mr. Dempsey indicated that this will be a typical garden shed measuring 12' x 16'
and will be located in the northeast rear corner of the property. He pointed out that
he included in the Planning Commission packet a list of previously approved
accessory building CUPs and an e-mail received from a neighbor stating no
objection to the request.
Mr. Dempsey stated there are Findings of Fact for the Planning Commission's
review and that Planning Department staff recommends approval of the CUP,
subject to the 6 stipulations listed in the September 26, 2012 planning report.
Chair Lillehei opened the hearing to the public for comment.
Ms. Sarff commented that they are proposing to turn the shed such that the door
faces south, not east as shown on the survey and plans submitted with their CUP
application.
Mr. Dempsey commented that this modification can be accommodated with a
modification to the survey submitted with their building permit application.
Motion was made by Boerschel, seconded by Drotning to close the public
hearing at 6 :08 p.m.
Ayes: Reuvers, Boerschel, Lillehei, Grenz, Drotning.
Nays: 0
Chair, Lillehei asked for comments from the Planning Commission. Discussion
points were:
• Asked how the staff confirms that setback requirements are met for detached
garages. Mr, Dempsey indicated that the applicant applies for a building permit,
includes a survey showing the location of the shed, and then the Building
Inspection Department inspects the shed placement to make sure it meets the
setback requirements.
• Confirmed that the City of Lakeville does not enforce covenants. Mr. Dempsey
added that this particular homeowners association has been disbanded so there
are no covenants being enforced.
• There was a short discussion regarding homeowners associations, whether the
City knows how many of them are still functioning, and what happens when they
Planning Commission Meeting Minutes, October 4, 2012 Page 3
disband. Mr. Morey commented that the City Attorney has indicated to staff that
the City can require the establishment of a homeowners association with the
initial townhome development, but after that occurs, it is basically out of the City's
control and there is no guarantee that the homeowners association will continue
in perpetuity. There was some concern expressed regarding the maintenance of
private streets and infrastructure if the homeowners association disbands.
• Commissioner Grenz stressed that this shed cannot be used as a garage for
vehicles because there is no driveway to it and because the access door is too
small. The applicant agreed.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the Gary Sarff Conditional Use Permit to allow the construction
of a shed resulting in total accessory building area greater than 750 square feet on
property zoned RST-2, Single and Twn Family R Di and l a t
11347 - 178 Street, subject to the following stipulations:
1. The proposed detached accessory building shall be constructed in the
location identified on the certificate of survey submitted with the
conditional use permit application as prepared by James R. Hill, Inc. and
dated August 27, 2012.
2. The detached accessory building shall be constructed with wood siding
and asphalt roof shingles and to the size and height identified on the plans
submitted with the conditional use permit application.
3. A building permit must be approved by the City prior to construction of the
new detached accessory building.
4. No sewer or water service shall be provided to the detached accessory
building.
5. The detached accessory building shall be kept, used and maintained in a
manner that is compatible with the existing single family detached
townhome on the property and shall not present a hazard to the public
health, safety and general welfare.
6. No home occupation shall be permitted within an accessory building on
the property. The accessory building shall not be used for the operation of
any commercial business or storage of commercial equipment.
Ayes: Boerschel, Lillehei, Grenz, Drotning, Reuvers.
Nays: 0
There being no further business, the meeting was adjourned at 6:15 p.m.
The Planning Commission immediately went into a work session.
Respectfully submitted,
Ash
I,ak
vinimew
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP
Associate Planner
Date: September 26, 2012
Subject: Packet Material for the October 4, 2012 Planning Commission Meeting
Application Action Deadline: November 5, 2012
Agenda Item: Gary Sarff Conditional Use Permit
Item No.
City of Lakeville
Planning Department
Gary Sarff has submitted an application for a conditional use permit to allow the construction
of a detached accessory building on his property located at 11347 - 178` Street. The
conditional use permit is required since the combined area of the attached garage and
detached accessory building will exceed the maximum 750 square feet allowed by the Zoning
Ordinance unless a larger combined area is approved by conditional use permit. The
property is zoned RST -2, Single and Two Family Residential District.
The existing detached townhome was constructed with a 690 square foot two -car attached
garage. The proposed detached accessory building will be 12' x 16' (192 square feet) and will
be located at the northeast rear corner of the property. The total attached and detached
accessory building area would exceed the maximum permitted by 132 square feet. There are
no other detached accessory buildings on the property.
The following exhibits are attached for your review:
Exhibit A - Location /Zoning Map
Exhibit B - Aerial Photo
Exhibit C - Certificate of Survey (2 Pages)
Exhibit D - Building Floor Plan and Elevations
Exhibit E - List of approved conditional use permits for accessory buildings -1981 to present
Exhibit F - Neighbor email in response to public hearing notice
PLANNING ANALYSIS
Consistency with the Comprehensive Plan. The property's current single family detached
townhome use is consistent with the medium density land use identified on the 2030 Land
Use Plan.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North - City Owned outlot (P /OS, Public and Open Space District)
East - City Owned outlot (P /OS, Public and Open Space District)
South - 178` Street and single family detached townhomes (RST -2 District)
West - Single family detached townhomes (RST -2 District)
Non - Conformities. There are no known non - conforming conditions on the property:
Setbacks - The detached accessory building must be set back 10 feet from the side and rear
lot lines and from any other building on the lot. The proposed detached accessory building
will be set back 10 feet from the rear and side property lines and the existing detached
townhome will not be located in a drainage and utility easement.
Appearance - The Zoning Ordinance requires that "the same or similar quality and scale
exterior building materials shall be used in the new garage as in the principal building." The
proposed accessory building will have painted or stained wood panel walls and door and an
asphalt shingle roof (Exhibit D). The accessory building materials and colors will be consistent
with the character of Mr. Sarff's townhome and the other townhomes in the area.
Building Height - A maximum building height of 15 feet is allowed in the RST -2 District
unless approved by conditional use permit. The proposed detached accessory building will
be approximately nine feet tall as defined by the Zoning Ordinance.
Neighbor Email - A neighbor of Mr. Sarff has submitted an email stating no objection to the
proposed conditional use permit (Exhibit F).
CONDITIONAL USE PERMIT ANALYSIS
The Zoning Ordinance allows the accessory building area requirement to be exceeded by
conditional use permit subject to the following criteria as listed in Section 11 -18 -5:
A. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
The property owner has indicated a need for the proposed accessory building for the storage
of personal yard maintenance and recreational vehicle equipment. The property owner
indicates that the existing attached two -stall garage no longer meets his storage needs.
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B. No accessory building or private garage shall be utilized for all or a portion of a
home occupation, for commercial activities or for commercial storage.
Compliance with this requirement is listed as a stipulation in the recommendation section
of this report.
C. The accessory building has an evident reuse or function related to a single - family
residential environment in urban service areas or hobby farm environment in
nonurban service areas of the city.
The proposed detached accessory building will be constructed with wood siding compatible
with the existing single family detached townhome and the residential character of the
surrounding area given compliance with the approved conditional use permit.
The proposed accessory building will be consistent with other similar approved conditional
use permits. Please see the attached Exhibit E for an up -to -date list of accessory building
conditional use permits approved from 1981 through 2011.
D. Detached accessory buildings shall be maintained in a manner that is compatible
with the adjacent residential uses and does not present a hazard to public health,
safety and general welfare.
The proposed detached accessory building will be in a location compatible with adjacent
properties.
E. The performance standards and criteria of section 11 -4 -7 of this title shall be
considered and a determination made that the proposed activity is in compliance
with such criteria.
The provisions of section 11 -4 -7 of the Zoning Ordinance (Conditional Use Permits) have
been considered and satisfactorily met. Please refer to the attached findings of fact.
RECOMMENDATION
Planning Department staff recommends approval of the Gary Sarff conditional use permit to a
total accessory building area in excess of 750 square feet in the RST -2 District subject to the
following stipulations:
1. The proposed detached accessory building shall be constructed in the location
identified on the certificate of survey submitted with the conditional use permit
application as prepared by James R. Hill, Inc. and dated August 27, 2012.
2. The detached accessory building shall be constructed with wood siding and asphalt
roof shingles and to the size and height identified on the plans submitted with the
conditional use permit application.
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3. A building permit must be approved by the City prior to construction of the new
detached accessory building.
4. No sewer or water service shall be provided to the detached accessory building.
5. The detached accessory building shall be kept, used and maintained in a manner that
is compatible with the existing single family detached townhome on the property and
shall not present a hazard to the public health, safety and general welfare.
6. No home occupation shall be permitted within an accessory building on the property.
The accessory building shall not be used for the operation of any commercial business
or storage of commercial equipment.
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Dakota County, MN
Page 1 of 1
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.
Mao Scale
1 inch = 206 feet
EXHIBIT B
http: / /gisx.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota ... 9/11/2012
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CERTIFICATE OF SURVEY
For Gary Sarff
By:
*1
2
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11347 178TH STREET WEST
PROPERTY DESCRIPTION
Lot 20, Block 1, THE OAKS OF LAKEVILLA, according to the recorded plat thereof,
Dakota County, Minnesota.
We hereby certify that this is a true and correct survey of the above described property
and that it was performed by me or under my direct supervision and that 1 am a duly
licensed Professional Land Surveyor under the laws of the State of Minnesota. That this
survey does not purport to show all improvements, easements or encroachments to the
property except as shown thereon.
Signed �hth) th day of Augu,7t, 2012 For: James R. Hill, Inc.
Harold C. Peterson, Land Surveyor, MN License No. 12294
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NOTES
ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE EASTERLY
LINE OF LOT 20, BLOCK 1, THE OAKS OF LAKEVILLA TO HAVE AN
ASSUMED BEARING OF S 05 °42'07" W.
THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE
COMMITMENT OR. TITLE OPINION. A 7T1 LE SEARCH FOR RECORDED OR
UNRECORDED EASEMENTS WHICH MAY BENEFIT OR ENCUMBER THIS
PROPERTY HAS NOT BEEN COMPLETED BY THE SURVEYOR.
THE LOCATION AND INFORMATION SHOWN REGARDING UTILTIIES,
SERVING THIS PROPERTY OR EXISTING ON THIS PROPERTY AS SHOWN AS
A PART OF THIS SURVEY, HAVE BEEN LOCATED BY ON -SITE
OBSERVATION. FOR FURTHER INFORMATION CONCERNING THESE
UTILITIES PLEASE CONTACT THE CITY OF LAKEVILLE ENGINEERING
DEPARTMENT AND /OR GOPHER STATE ONE CALL.
OVERALL GROSS AREA = 16,687 SQUARE FEET OR 0.383 ACRES
o Denotes set iron monument
• Denotes found iron monument
James R. Hill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
2500 W. Cw. RD. 42, Saw 120, Burma, MN 55337
PHONE: (952)890-6044 FAX: (952)890 -6244
EXHIBIT C
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11347 178TH STREET WEST
CERTIFICATE OF SURVEY
For Gary Sarff
Scale: 1" =30' Page 2 of 2
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ON LINE
EXISTING SIDEWALK
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James R. Hill, Inc.
Nov 01 2011 12124PM MP LASERJET FAX
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EXHIBIT D
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Applicant Year Size (sf) Zoning Inside MUSA Parcel Size
Sarff 2012 882 RST -2 Yes .38 acres
Johnson 2010 16,760 RA No 9.6 acres
Hellevik 2010 5 Bldgs RA No 10 Acres
Miler 2008 Exc. 15 ft RS -1 Yes 1.42 acres
Goss 2008 4,032 RA No 30 acres
Piekauski 2006 1,344 RS -3 Yes 1.60 acres
Meyer 2006 1,572 RS -3 Yes .66 acres
Rimnac 2005 2,096 RS -2 Yes 7.3 acres
Spangler 2005 869 RS -2 Yes 2.3 acres
Weinel 2004 1,480 RS -3 Yes .69 acres
Hanson 2002 576 RS -3 Yes 1.5 acres
Drogmuller 2002 2,184 RM -1 No 10 acres
Steinman 2002 624 RM -1 Yes 1.4 acres
Zeien 2001 1,102 RS -3 Yes 1.5 acres
Emond 2001 864 RS -CBD Yes .25 acres
Riehm 2000 1,310 RM -1 Yes 1.96 acres
Graham 2000 1,078 RS -CBD Yes .57 acres
Jensen 2000 1,470 RS -3 Yes .52 acres
Laun 2000 952 RS -CBD Yes .50 acres
Hendrickson 2000 4,452 R -2 Yes 15 acres
Pietsch 1999 2,400 R -1 No 22 acres
Smith 1999 896 R -3 Yes .35 acres
Edmonson 1998 864 R -2 Yes 3 acres
Krebs 1998 2,400 R -1 No 9.1 acres
Forland 1998 1,462 R -1 No 5 acres
Stuke 1998 2,520 R -1 No 20 acres
Miller 1996 2,240 R -2 Yes 3.7 acres
Menke 1996 1,620 R -2 Yes 15 acres
Teal 1996 2,160 R -2 Yes 10 acres
Curren 1995 960 R -2 Yes 3 acres
Cronen 1995 2,396 R -1 No 10 acres
Koble 1994 2,400 R -2 Yes 10 acres
Goetze 1993 1,232 R -2 Yes 4.3 acres
Fenner 1993 936 R -2 Yes 9.5 acres
Oster 1992 2,400 R -2 Yes 10 acres
Clifford 1990 288 R -1 No 20 acres
Moe 1990 1,600 R -2 Yes 2 acres
Olson 1989 1,728 R -2 Yes 9.4 acres
Storlie 1989 1,196 R -1 Yes 3 acres
Moss 1985 2,000 R -1 Yes
Tangen 1984 1,800 R -2 Yes
Grossman 1983 672 RA Yes
Johnson 1983 3,402 R -1 Yes -
Radunz 1983 5,000 R -2 Yes -
LaFavor 1983 1,600 R -2 Yes -
Harris 1982 900 R -2 Yes -
Campbell 1982 400 R -2 Yes -
Kalmes 1982 720 R -2 No -
Zak 1981 1,632 1 -1 No -
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EXHIBIT E
Dempsey, Frank
From: jsever1887 @charter.net
Sent: Tuesday, September 25, 2012 8:51 AM
To: Dempsey, Frank
Subject: Lot 20, Block 1, The Oaks of Lakevilia
Frank, we have reviewed the plans and have no objection to this shed.
Our concern was if it had been a "hugh" building as the lots in this subdivision are relatively narrow
and there are enough issues with selling homes here without adding anything more to turn off a
buyer when we want to sell. I am somewhat familiar with Conditional Use Permits as I worked 25
years in Building Inspections previously.
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EXHIBIT F