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HomeMy WebLinkAboutItem 06.gLakeville June 28, 2013 LAU CONDITIONAL USE PERMIT JULY 1, 2013 CITY COUNCIL MEETING Item No. Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the Rollin Lau conditional use permit and adopt the findings of fact dated July 1, 2013. Adoption of this motion will allow the construction of a new 2,224 square foot detached accessory building on property located at 16218 Laigle Avenue. Overview Rollin Lau has submitted an application for a conditional use permit to allow the construction of a detached accessory building. The property is zoned RA, Rural Agricultural District and is 2.0 acres in area. A conditional use permit is required because the proposed accessory building will exceed the accessory building size allowed in the Zoning Ordinance. The Planning Commission held a public hearing and unanimously recommended approval of the conditional use permit at their June 20, 2013 meeting subject to 9 stipulations. There was public comment from one neighboring property owner at the public hearing. The Planning Commission recommended replacing Stipulation 1 with language to require that the property owner install evergreen landscaping between the detached accessory building and the Laigle Avenue right -of -way line. The landscape materials must be of a type that will reach a minimum of 10 feet in height when mature. Primary Issues to Consider Does the proposed detached accessory building meet Zoning Ordinance requirements and is it consistent with surrounding properties? The proposed detached accessory building will meet all setback, height and square footage requirements for the RA, Rural /Agricultural District given compliance with the stipulations of the conditional use permit. Supporting Information • Conditional use permit form • Findings of fact • June 20, 2013 Planning Commission draft meeting minutes. • Revised survey showing compliant building setbacks (meeting Stipulation 2). • Additional written narrative provided by the applicant. • June 14 3 planning report. 'n.. A"� Frank Dempsey, AICP Associate Planner 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. 13- 1. Permit Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit to: Rollin Lau to construct a detached accessory building resulting in a total accessory building area greater than 2% of the lot area the RA, Rural /Agricultural District on property located at 16218 Laigle Avenue. 2. Propeqy. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: That part of Lot 37, BENHAM INVESTMENT COMPANY 4T" ADDITION, lying southerly from the following described line: Beginning at the Southeast corner of said Lot 37; thence North 76 33' 16" West 705.05 feet to a point on the westerly line of said Lot 37, which is North1 04'5" East and 267.14 feet from the Southwest corner of said Lot 37 3. Conditions This conditional use permit is issued subject to the following conditions: a) Evergreen shrubs that will achieve a minimum height of tent feet at maturity shall be planted between the front property line and the accessory building. b) The detached accessory building shall be constructed in accordance with the plans approved with the Conditional Use Permit application. c) The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. d) A building permit must be approved by the City prior to construction of the new detached accessory building. e) Electric service to the detached accessory building shall be placed underground. f) No sanitary sewer service shall be provided to the detached accessory building. g) No commercial activity, storage of commercial equipment, or use as a dwelling shall take place within any accessory building on the property. h) The property owner shall remove the existing fabric storage building, the two metal storage sheds and the storage pod from the property prior to the issuance of a building permit for the new accessory building or a $500 cash escrow shall be submitted prior to the issuance of a building permit for the new accessory building to guarantee removal of said non - conforming accessory buildings prior to final inspection approval of the new accessory building. 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. DATED: July 1, 2013 CITY OF LAKEVILLE W Matt Little, Mayor M Charlene Friedges, City Clerk STATE OF MINNESOTA) COUNTY OF DAKOTA ) i► The foregoing instrument was acknowledged before me this 1 5 t day of July 2013, by Matt Little, 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) DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA LAU CONDITIONAL USE PERMIT FINDINGS OF FACT On June 20, 2013 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider a conditional use permit to allow total accessory building area greater than 2 percent of the lot area in the RA, Rural /Agricultural District on property located at 16218 Laigle Avenue. 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 RA, Rural /Agricultural District. 2. The property is located in Planning District No.1 of the 2008 Comprehensive Plan, which guides the property for permanent rural residential and agricultural land uses. 3. The legal description of the property is: That part of Lot 37, BENHAM INVESTMENT COMPANY 4 ADDITION, lying southerly from the following described line: Beginning at the Southeast corner of said Lot 37; thence North 76 33'16" West 705.05 feet to a point on the westerly line of said Lot 37, which is North1° 04'5" East and 267.14 feet from the Southwest corner of said Lot 37 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 are 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 two acre rural residential property is consistent with the RA Districtzoning of the property and District 1 recommendations of the Comprehensive Plan. 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. Provided compliance with 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 subject property lies outside the current MUSA. The property is served with private 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 buildings not overburden the streets serving the property. 5. The planning report, dated June 14, 2013, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: July 1, 2013 CITY OF LAKEVILLE M Matt Little, Mayor MN Charlene Friedges, City Clerk CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES June 20, 2013 air Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hal . The pledge of allegiance to the flag was given. Members resent: Linda Maguire, Bob Boerschel, Chair ;, Brooks Lillehei, Paul Reuvers, Ge Grenz, Joe Blee Members Absent: arl Drotning, Jason Swenson, Ex- officio member Shawn Fitzhenry Others Present: Daryl orey, Planning Director; frank Dempsey;. Associate Planner; and Penny Brevig, Recordin Secretary 3. Approval of the Meeting Min The May 23, 2013 Planning Co ission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that following ite'mss " we. distributed to the Planning Commission at tonight's meeting: 1. Letter fro'm' Rollin Lau dated June 20, 2013. Mr. Morey reminded the 'Planning Emission that there will be n eeting on July 4 due; to it: being a holiday. He hdie'ated that the next Plannin Commission meeting is scheduled for; July 18 ", but staff is considering rescheduling t t meeting tq July 25 and also to rescheduling the August meetings from August 1 st a 15 to Aud Est 8 and 22" to alidh-- -,with the Parks, Recreation and Natural Reso ces 5. Rollin Chair Lillehei opened the public hearing to consider the application of Rollin Lau for a Conditional Use Permit to allow the construction of a detached accessory building resulting in the total accessory building area on the property greater than 2% of the lot area as allowed in the RA, Rural /Agricultural District, located at 16218 Laigle Avenue. Mr. Lau was not in attendance yet, so Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. Lau has submitted an application for a conditional use permit to allow the construction of a detached accessory building on his property that will exceed the maximum allowable accessory building Planning Commission Meeting Minutes, June 20, 2013 Page 2 square footage in the RA, Rural /Agricultural District. He stated that Mr. Lau's property is two acres in size and the Zoning Ordinance allows a maximum accessory building area of two percent of the total lot area, or 1,742 square feet in Mr. Lau's case, without a conditional use permit. Mr. Dempsey stated that Mr. Lau is proposing a 2,224 square foot detached accessory building. Mr. Dempsey identified the non - conformities on the property which must be brought into compliance as a stipulation of the conditional use permit. He indicated that staff is recommending that the proposed location of the accessory , building be shifted 12 feet to the east in order to meet a 30 foot setback from a potential street right -of -way dedication if Laigle Avenue is upgraded in the future. Mr. Dempsey stated that staff recommends approval of the. Lau Conditional Use Permit subject to the 9 stipulations listed in the June 14, 2013 punning report. The Planning Commission took a short recess until Mr. Lau Recess at 6:11 Reconvened at 6:26 Mr. Lau presented an overvieW pf Fhis. : request. Mral Lau distributed a revised survey of his property to the Planning Corr nmission and staff:= The revised survey addresses stipulation 2 of the June 14 planning report; by shifting the proposed detached accessory building approximately one_foot to: the an'rest, in order to meet the ten foot setback requirement b'the.-house. He explained tha' t' he would prefer to not have the proposed accessory building set back an additional 12 feet from the front property line as-stated by stip =ulation 1'.of ,.the June 14 planning report. Mr. Lau stated that if he did; this, there' would not'be: enough room to access the accessory building as intended from thesouth %#rout of the building. Mr. Lau explained that he has already;rxioved tris two metal s heds and the tarp building from the property, which are identified as non- conforming in the June 14 planning report. He rdguested that the: storage pod that is currently on his property be allowed to stay untii September 15, .2Q13 because the items in the pod will be put into the new proposed accessory building after construction is completed. Chair Lillehei opened r the hearing to the public for comment. Cliff Thom, 12145`46Z" Street Mr. Thom's concern was what the proposed accessory building will look like. He stated that there have been other large accessory buildings built in the area and he wanted to be sure that this would be a nice looking building. Motion was made by Blee, seconded by Boerschel to close the public hearing at 6:32 p.m. Ayes: Maguire, Boerschel, Lillehei, Reuvers, Grenz, Blee Planning Commission Meeting Minutes, June 20, 2013 Nays: 0 Page 3 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Reuvers expressed his appreciation for stipulation 1 of the June 14 planning report, but asked Mr. Lau if he understood that the detached accessory building could become non - conforming in the future if Laigle Avenue is widened. Mr. Lau was not concerned about this issue because he feels that Laigle Avenue will probably not be upgraded for another 50 years. He stated the proposed loca #ion meets all the current setback requirements. • Chair Lillehei asked what the building will look like.`` Mr., Lau indicated that it will be a metal sided pole type building, tw. ,colors with colored band around the bottom of the building. The end-of--the building will face Laigle Avenue with one window. It is not as large'6s his neighbor's accessory building, which did not require a condition use permit because that property is five acres in size. • Commissioner Grenz reminded Mr. Lau that if conforming in the future because of the'setbacl somebody buying his property to, get a loan eo City staff is trying to avoid situations hke this i6 #1- • Commissioner Maguire asked for clarjfication on planning report requinrig an 6iddition6112 feet bf Mr. Dempsey.responded. his property becomes non - issue, it may be difficult for i a bank. He indicated that ation 1 of the June 14 ck from Laigle Avenue. • The Planning Commission concurred they are fine with the proposed location of the accessory building arid1 ,.not the additional 12 foot setback recommended by staff • Commissioner B1ee askede whether the Planning Commission could recornmbnd that `landscaping be installed to buffer the proposed accessory building Lain hdicated that they were planning to plant bushes between Laigle Avenue and the accessory building after construction was complete. • . Mr. Morey and J1llr. Dempsey suggested adding the following stipulation in lace of current.SN)ulation 1: "Evergreen shrubs that will achieve a minimum height of ten feet at maturity shall 13 l" ' between the front property line and the accessory building." Motion was made by Reuvers, seconded by Maguire to recommend to City Council approval of the Rollin Lau Conditional Use Permit to allow the construction of a detached accessory building resulting in the total accessory building area on the property to be greater than 2% of the lot area as allowed in the RA, Rural /Agricultural District, located at 16218 Laigle Avenue, subject to the following 9 stipulations, as amended. Planning Commission Meeting Minutes, June 20, 2013 Page 4 1. Evergreen shrubs that will achieve a minimum height of ten feet at maturity shall be planted between the front property line and the accessory building. 2. The property survey shall be amended to identify the setback between the house and the new accessory building to ensure compliance with the minimum 10 foot separation. 3. The detached accessory building shall be constructed in accordance with the plans approved with the Conditional Use Permit application. 4. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home ©n the property and shall not present a hazard to the public health, safety and general welfare. 5. A building permit must be approved by the City prior to construction of the new detached accessory building. 6. Electric service to the detached accessory building shall be pleced underground, 7. No sanitary sewer service shall be provided to the detached accessory building. 8. No commercial activity, storage of commercial equipment or use as a dwelling shall take place within any accessory- -bWilding on the. property. 9. The property owner shall remove the existing fabric storage building, the two metal storage sheds and the storage pod from the"' property prior to the issuance of a building permit for the new, accessory buifd,ng or a $500 cash escrow shall be submitted prior to the issuance of a buwidm permit for the new accessory building to guarantee removal; of said :non- conforni�ng accessory buildings prior to final inspection approval of the new accessory building. , Blee; Maguire was adjourned at 6:45 p.m. mediately went into a work session. Penny Brevig, Re�4rc Brooks Lillehei, Chair ng Secretary S CL m O 7 CD 8 In � O CD 0) LL J Za m m m CA p p C K Z D m� N N O N N p O W c4 • 0 O - 0 0 Z DZ O (AO M �m (n n (n O D m C U -1 Z D O Z7 ;o Z O m z 0-0 ;um r N (Y)_ (O 00 i D m m a M M DO <? N mm 1 0 m � m � M { 5 D m y � D m 0 { { n 33 m � D Z O 6nvM m n mmm cam z > a rm z ;:u m 0 -0O M , m Z] C) � m O m m ;o] X ZDD m < O N . 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Purpose of the Proposed building: I have been working for over 40 years and am planning for Retirement: Some of the things I enjoy are Woodworking and old cars. I have been saving my whole carreer to put up a building to be able to work in, at home. I have the funds available now to do this. There will be an area for cold storage as well. I have several vehicle stored off site now. This w il also allow mm-er landscanina of th area for gardens and flowers we enjoy. This will be a nice looking building, attractive to the neighborhood. Thank You Rollin and Barbara Lau RECEIVED JUN 2 0 2013 CITY OF LAKEVILLE June 20 2013 Lau 16218 Laigle Ave, Proposed Building Our Proposal to the City Council is to leave the proposed Accessory Building where it is plotted on the updated Survey 6/20/2013 as long as it meets minimum side and front setback requirements. Required Set backs: 1.) The front (west )Street Setbacks is 30 feet. 2.) The North (side) setbback will be the required 10 feet from Property Line. 3.) The South setback requirement to the Existing Garage is 10 feet. We are at 11 feet from the 20 foot section of the proposed building and 12' from the corner of the wider 36' section. A.) If the building is moved back 12 from the street, as recommended by the planning board, there will not be enough room to to utilize the building as intended from the south /front of the building. Entry and exit. There will be two overhead doors to the south side of the Proposed Building which would leave no room to baack a vehicle into the building, such as a camper, because of the Well and Existing Garage. B. ) The pie shaped Property and the location of the house on the property make this difficult. C. ) The Well is also along the driveway. D. ) We prefer not to have the doors street side because it would make entry nearly impossible with the location of the driveway and property line and corner of 162nd street. E.) We Prefer not to have a second driveway. F. ) Moving the building behind the house is not an option because the land drops off 12 -15 feet. G.) It also disrupts our back yard view. We Purchased the Property because of the location of the property and view in the back yard and prefer not to block that view. H.) The Builder has staked the Proposed Building and it meets the minumum requirements. I.) There is no room on the South side of the housefor a Building because of the Septic Tank and the terrain Property drops off 15 feet and more. J.) We have attemped to reconfigure the Building, move it, change it, but this configuration is the best fit for the layout and dimensions of this Property. This is my understanding of the area we live. 1.) Laigle Ave area is Zoned Permanant Rural. 2.) Laigle Ave. is a Dead End street with no outlet and only 8 other homes. 3.) There is no propety left to Build on in the area, as it now requires 5 acres, so changes are not likely. 4.) 162nd Street is also not an Improved Street, even tho it is thru street to Scenic Lane. 5.) There is no City Water or Sewer in the immediate area and no plans that we are aware of. 6.) Laigle Avenue is not likely to be improved for 30 to 50 years. 7.) Other Buildings along Laigle Ave are at setbacks of 27 Feet, 30 Feet and 36 Feet. 8.) We are not aware of any of the Neighbors opposing the building of this proposed building. 9.) The Tarp shed has been removed. 10.) The Two Metal sheds are gone. 11.) We request that we keep the Rental Storage Pod until the building is up, as it contains things that will go in the new building. It will be removed by Sept 15th. at the latest. 12.) We have spent alot to make this area of the property buildable and would like to Thank You for a favorable response. Thank you, Rollin and Barbara Lau Item No. ...." City of Lakeville Planning Department ��1 Lakeville Memorandum To: Planning Commission From: �ID Frank Dempsey, AICP Associate Planner Date: June 14, 2013 Subject: Packet Material for the June 20, 2013 Planning Commission Meeting Agenda Item: Rollin Lau Conditional Use Permit Application Action Deadline: July 27, 2013 INTRODUCTION Rollin Lau has submitted an application for a conditional use permit to allow the construction of a detached accessory building on his property that will exceed the maximum allowable accessory building square footage in the RA, Rural /Agricultural District. The property is two acres in size and is located at 16218 Laigle Avenue, north of Orchard Lake and east of Judicial Road. The Zoning Ordinance allows the Lau property a maximum accessory building area of two percent of the total lot area, or 1,742 square feet, without a conditional use permit. The proposed new detached accessory building will be 2,224 square feet. There is also a 703 square foot garage attached to the house. The property is located in the Permanent Rural on the Staged MUSA Expansion Areas map in the 2008 Comprehensive Plan. EXHIBITS The following exhibits are attached for your review: Exhibit A — Location /Zoning Map Exhibit B — Aerial Photo Exhibit C — Certificate of Survey and Site Plan Exhibit D - Garage Building Plans Exhibit E - Garage Floor Plan Exhibit F - Applicant Narrative dated June 11, 2013 Exhibit G - List of CUPS approved for accessory buildings -1981 to present SITE ANALYSIS Consistency with the Comprehensive Plan. The property's current rural residential, agricultural and hobby farm land uses are consistent with the rural density land use identified on the 2030 Land Use Plan and Planning District 10 recommendations of the 2008 Comprehensive Plan. Adjacent Land Uses. Adjacent land uses and zoning are as follows: North - Single Family Home on 5.13 acres (RA District) East - Undeveloped 3.5 acre (landlocked) parcel (RA District) South - Single Family Home on 1.84 acres (RA District) West - Single Family Home on 2.57 acres (RA District) Existing Conditions. The property is part of Lot 37 of Benham Investment Company's plat of Minnesota Orchard Gardens First, Second, Third and Fourth Additions recorded with Dakota County on July 9,1912. The character of the property and surrounding neighborhood is primarily two to seven acre rural lots served with private sanitary sewer systems and wells. 162 Street and Laigle Avenue are gravel surface roads. Existing Zoning Ordinance Non - Conformities. There are three existing non - conforming conditions on the property which must be brought into compliance as a stipulation of a conditional use permit: 1. A fabric sided accessory building shall be removed from the property 2. Two detached metal storage buildings shall be removed from the property 3. A storage container shall be removed from the property Single Family Home. The existing home was constructed in 1972. The house is served by private sanitary sewer and water. Setbacks - The following minimum RA District building setback requirements pertain to the existing home as well as the proposed new detached accessory building: Front Yard: 30 feet Rear Yard: 30 feet Side Yards: 10 feet Other Buildings: 10 feet 2 The review of the applicant's survey of the property and review of the 1912 plat indicate that 30 feet of road right -of -way was dedicated for Laigle Avenue. The standard road right -of -way width for a local residential street is 60 feet. When Laigle Avenue is improved in the future or if the property is subdivided in the future, an additional 15 feet of east half road right -of -way may be needed from this property. This would result in a non - conforming front yard setback for the proposed detached accessory building. Staff recommends that the proposed location of the accessory building be shifted 12 feet to the east in order to meet the 30 foot setback requirement from a future street right -of -way dedication. The survey proposes a setback of 33 +/- feet to the front property line. The surveyor has indicated to staff that the 1912 plat did not provide bearings or dimensions of the property line adjacent to Laigle Avenue so an exact line location could not be provided. The survey indicates that the two front property corner monuments were located. The surveyor attempted to draw the front property line as shown on the plat but an exact line cannot be determined at this time. The survey scales the setback of the accessory building to the house at eight feet. A minimum setback of 10 feet is required. The plans show the proposed accessory building was designed with a notch in order to meet the minimum 10 foot setback to the house. Allowed Accessory Building Area - The Zoning Ordinance for the RA District allows a maximum of two percent of the lot area to be accessory building space. For a two acre lot this equals 1,742 square feet. The existing attached garage and proposed new accessory building would include the following buildings square footage: Existing Attached Garage - 703 square feet Proposed Detached Accessory Building - 2,224 square feet Total proposed accessory building area = 2,927 square feet, or 3.35% of the lot area. Building Materials - The proposed new accessory building will have steel siding and a steel roof consistent with other similar accessory buildings in the neighborhood and the within the RA District. The south elevation will include two overhead garage doors. No overhead garage doors will face the street. The accessory building materials and colors shall be consistent and complimentary to the existing home on the property. Building Height - A maximum building height of 20 feet is allowed in the RA District unless approved by conditional use permit. The new detached accessory building garage will be 20 feet in height. CONDITIONAL USE PERMIT ANALYSIS Chapter 18, Section 5 of the Zoning Ordinance allows accessory building requirements to be exceeded by conditional use permit subject to the following criteria: 3 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 additional garage storage of personal vehicles and equipment as well as space for a woodworking shop. 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. No home occupation or storage of commercial equipment or vehicles is permitted in the accessory building. 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 existing and proposed detached accessory buildings can be used in conjunction with the single family home principal use of the property within the RA District. The proposed garage and other accessory buildings will be consistent with other approved accessory building conditional use permits. Please see the attached Exhibit G for a list of accessory building conditional use permits approved from 1981 through present. 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 (garage) will be in a location that meets setback requirements and will be compatible with adjacent properties in this rural area of the City. The existing detached accessory buildings (metal storage sheds), fabric covered storage building and storage container must be removed from the property as a stipulation of the conditional use permit. 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 Lau conditional use permit to allow accessory building area greater than two percent of the lot area subject to the following stipulations: 4 1. The accessory building shall be set back an additional 12 feet from the Laigle Avenue right -of -way line (front property line) to ensure compliance with setback requirements when Laigle Avenue is improved in the future. 2. The property survey shall be amended to identify the setback between the house and the new accessory building to ensure compliance with the minimum 10 foot separation. 3. The detached accessory building shall be constructed in accordance with the plans approved with the Conditional Use Permit application. 4. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. 5. A building permit must be approved by the City prior to construction of the new detached accessory building (garage). 6. Electric service to the detached accessory building shall be placed underground. 7. No sanitary sewer service shall be provided to the detached accessory building. 8. No commercial activity, storage of commercial equipment or use as a dwelling shall take place within any accessory building on the property. 9. The property owner shall remove the existing fabric storage building, the two metal storage sheds and the storage pod from the property prior to the issuance of a building permit for the new accessory building or a $500 cash escrow shall be submitted prior to issuance of a building permit for the new accessory building to guarantee removal of said non - conforming accessory buildings prior to final inspection approval of the new accessory building. i RA MA / Locati n 62 ND�� 6218 v� L m L I v v RS -1 OEM LJ Dakota County, MN EXHIBIT B Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. 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We would like to put up a shed for personal storage for vehicles, lawn and yard equipment and a camper in my coming retirement. Two things I wanted in my retirement was to do some woodworking and store and work on older cars that I own. I currently have personal vehicles stored at other locations and would like them all in one place. Part of the building may be used for hobby wood working in retirement. I have many wood working tools that I cannot currently use since we moved here. Before we purchased the lot in 2004 we went to the city of Lakeville and were told that we could put up as large of a storage building as we wanted, as much as 10,000 sq ft., we still have our notes on that. So we purchased the property. In 2008 when we were first considering the building, we were then told that we were limited to 2 percent of the lot area and would need a survey.. At the time we could not find a Surveyer to survey the property at a reasonably cost because of the terrain in the back of the lot. We were then limited to roughly 1850 square feet and we have about 700 in our current garage. That limited the size for us, that we were not expecting. We would like to have a larger inside area as stated above. Roughly 1000 sq feet larger than permitted. We are in a rural setting and will be a nice looking building and will be a well kept yard. The building will not be used for commercial storage, it would be my own vehicles. This would not be used for business purposes. I currently have a tractor for snow and yard equipment stored outside. I would also like to keep it inside away from the elements and also for maintenance. There is a tin shed that will be removed from the property. The lots triangular shape and the location of the house on the lot makes it challenging. We have been preparing this area for many years and would like your favorable consideration. Thank You, Barb and Rollin Lau 16218 Laigle Ave. W Lakeville, MN 55044 Sent from my iPad On Jun 6, 2013, at 8:52 AM, "Dempsey, Frank" < fdempsey@lakevillemn.gov > wrote: EXHIBIT F ACCESSORY BUILDING CONDITIONAL USE PERMITS Applicant Year Sizes Zonin Inside MUSA Parcel Size Lau 2013 2,927 RA No 2.0 acres 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 3.0 acres Krebs 1998 2,400 R -1 No 9.1 acres Forland 1998 1,462 R -1 No 5.0 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 3.0 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 2.0 acres Olson 1989 1,728 R -2 Yes 9.4 acres Storlie 1989 1,196 R -1 Yes 3.0 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 - EXHIBIT G