HomeMy WebLinkAboutItem 06.gLakeville
August 16, 2013 Item No.
TIM AND TRACI RADTKE CONDITIONAL USE PERMIT
AUGUST 19, 2013 CITY COUNCIL MEETING
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve
the conditional use permit and adopt the findings of fact dated August 22, 2013.
Adoption of this motion will allow the construction of a detached accessory building in excess of
15 feet in height on property located at 19713 Jersey Avenue.
Overview
Timothy and Traci Radtke are requesting approval of a conditional use permit to allow the
construction of a detached accessory building greater than the 15 feet in height in the RS-
3, Single Family Residential District and Shoreland Overlay District of Lake Marion located
at 19713 Jersey Avenue. The building will be 21 feet, 10 inches in height.
The Planning Commission held a public hearing on August 8, 2013 to consider the
conditional use permit request. The Planning Commission recommended unanimous
approval of the conditional use permit subject to the eight stipulations listed in the August
2, 2013 planning report plus a ninth stipulation requiring that any floor drains in the garage
comply with building code requirements. There was no public comment.
Primary Issues to Consider
Does the proposed detached accessory building taller than 15 feet in height meet Zoning
Ordinance requirements and is it consistent with surrounding properties? The proposed
accessory building will be 21 feet, 10 inches in height and will meet all setback and Shoreland
Overlay District requirements. The detached accessory building will be compatible with
adjacent properties.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• August 8, 2013 Planning Commission meeting minutes.
• August 2, 20 lanning report.
G( t�
Frank Dempsey, Associate Planner
Financial Impact: $ None Budgeted: Y/N N/A Source:
Related Documents (CIR ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 13-
Permit Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit to:
Tim and Traci Radtke to allow the construction of a detached accessory building taller
than 15 feet in height in the RS -3, Single Family Residential District and Shoreland
Overlay District of Lake Marion located at 19713 Jersey Avenue.
Property The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
Lot 17, Block 23, Lenihan's Lots, Antlers Park
Conditions This conditional use permit is issued subject to the following conditions:
1) The house and site improvements shall be constructed as shown on the plans
approved by the City Council.
2) The building exterior shall be constructed in accordance with the building materials
identified on the elevation plans.
3) No part of the detached accessory building shall be used for all or a portion of a home
occupation, for commercial activities or for commercial storage, dwelling purposes,
guest room or for any other overnight accommodations.
4) The detached accessory building 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.
5) Two new trees meeting minimum Zoning Ordinance requirements shall be planted in
another location on the property to replace the significant tree to be removed.
6) A cash escrow of $2,000 shall be submitted prior to the issuance of a building permit
to guarantee removal of the existing shed, the removal and installation of the existing
and new driveway, and the installation of two new trees.
7) A demolition permit shall be required prior to removal of the existing detached
accessory building.
8) A building permit shall be required prior to commencing construction on the new
building and construction and installation of sanitary sewer and water to the accessory
building.
9) Any floor drains in the detached accessory building must meet building code
requirements.
Termination of Permit The City may revoke this conditional use permit following a public
hearing for violation of the terms of this permit.
Lapse If within one year of the issuance of this conditional use permit the allowed use has
not been completed or the use commenced, this permit shall lapse.
Criminal Penalty Violation of the terms of this conditional use permit is a criminal
misdemeanor.
DATED: August 22, 2013
CITY OF LAKEVILLE
Kerrin Swecker, Acting Mayor
1
Charlene Friedges, City Clerk
E
STATE OF MINNESOTA)
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 22 "d day of August 2013, by
Kerrin Swecker, Acting 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
RADTKE CONDITIONAL USE PERMIT
FINDINGS OF FACT
On August 8, 2013 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider a conditional use permit to allow a detached accessory
building taller than 15 feet in height in the RS -3, Single Family Residential District and
Shoreland Overlay District of Lake Marion located at 19713 Jersey 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 zoned RS -3, Single Family Residential District and Shoreland Overlay
District.
2. The property is located in Planning District No. 4 of the 2008 Comprehensive Plan,
which guides the property for low density residential land uses.
3. The legal description of the property is:
Lot 17, Block 23, Lenihan's Lots, Antlers Park
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 is a low density residential accessory use consistent
with the goals and objectives of the Neighborhood Planning District 4 of the
Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
The detached accessory building will be located between two existing detached
accessory buildings on the adjacent lots. 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
public 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 August 2, 2013, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: August 19, 2013
CITY OF LAKEVILLE
la
Kerrin Swecker, Acting Mayor
M.
Charlene Friedges, City Clerk
2
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 8, 2013
Chair 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.
Member Present: Jason Swenson, Linda Maguire, Bob Boerschel, Chair Brooks
Lillehei, Pa euvers, Gerry Grenz, Karl Drotning, Ex- officio Shawn Fitzhenry
Members Absen . one
Others Present: Daryl - orey, Planning Director; Frank Dempsey, Associate Planner;
Daniel Licht, The Planning mpany; Mark Hansen,: Assistant City Engineer; and Penny
Brevig, Recording Secretary
3. Approval of the Meeting Minute
The July 25, 2013 Planning Commi 'on` meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated #haf- : the followTrig ; ,item's `were:-- ' tributed to the Planning
Commission at tonig, t's * meeting:
1. Parks, ` .recreation an d Natural:;= ;.Resources Committe meeting motion
regard ing't ie- .Spirit,&- BrandtJen Farmj12 Addition.
2. Letter from th i# =' Attorney's- - . office' regarding the standards fo onsidering
:ararees
IVIr > Morey stated`.1hat the- -next Planning Commission meeting is schedule or
5. Tim and - .Traci Radtke'
Chair Lilleheii pened`,the public hearing to consider the application of Tim and Traci
Radtke for a Conditional Use Permit to allow the construction of a detached
accessory building taller than 15 feet in height in the RS -3, Single Family Residential
District and Shoreland Overlay District of Lake Marion, located at 19713 Jersey
Avenue.
Tim and Traci Radtke presented an overview of their request. Mr. Radtke explained
that their current detached garage will be torn down and the new detached garage
will be constructed in the same location. They are requesting the additional height
with the new garage for personal storage and entertainment purposes.
Planning Commission Meeting Minutes, August 8, 2013 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the Radtke's are proposing to construct a detached accessory building
greater than the maximum height of 15 feet. They are proposing to remove the
existing detached garage and detached shed and replace them with a new two level
garage with an upper level party room. He indicated that the new garage will meet
the side and front yard setbacks as required by the Zoning Ordinance, and will also
meet the setback from the Lake Marion Ordinary High Water Level. Mr. Dempsey
added that the total impervious surface area following construction of the proposed
building will be less than the maximum of 25% allowed by the Zoning Ordinance
Mr. Dempsey reviewed the floor plans for the proposed garage and pointed out that
there will be a restroom on the upper level.
Mr. Dempsey reviewed the applicable criteria of.ahe=deneraf', erformance standards
for the evaluation of a CUP request and identified the norm= donformities on the
property which must be brought into compljaric6 as a stipulation_�� tthe conditional
use permit.
Mr. Dempsey stated that Planning Departrn
Radtke conditional use permit subject to the
2013 planning report. Findings4fact were
Planning Commission's review. :::: ~r:_,
.recommends approval of the
ulations listed in the August 2,
:d in the packet material for the
Chair Lillehei opened the hearing t6the pu
There were no cor*iments from the
mm
Motion was made by Drcafning, seconded by Reuvers to close the public
hearing at 6:12 pm. _.. -11'= 4`.k
Ayes: Swenson, Maj Boe'rsichel :Lillehei, Reuvers, Grenz, Drotning
Nays: fl'
Lillehei asked -x.f- or 6661 _ents from the Planning Commission. Discussion
included:
• Du%Jo the posbility that a floor drain could be installed in the proposed
gar'6.0 -&fin the -i re (Mr. Radtke indicated that he has no intention of installing
a floor` .- dralh)'*''the Planning Commission wanted the following stipulation
added:
9. Any floor drains in the garage must meet building code requirements.
Motion was made by Reuvers, seconded by Drotning to recommend to City
Council approval of the Radtke Conditional Use Permit to allow the construction of a
detached accessory building taller than 15 feet in height in the RS -3, Single Family
Residential District and Shoreland Overlay District of Lake Marion, located at 19713
Jersey Avenue, subject to the following 9 stipulations, as amended:
0
Planning Commission Meeting Minutes, August 8, 2013
Page 3
1. The house and site improvements shall be constructed as shown on the plans
approved by the City Council.
2. The building exterior shall be constructed in accordance with the building
materials identified on the elevation plans.
3. No part of the detached accessory building shall be used for all or a portion of a
home occupation, for commercial activities or for commercial storage, dwelling
purposes, guest room or for any other overnight accommodations.
4. The detached accessory building 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.
5. Two new trees meeting minimum Zoning Ordinance- requirements shall be
planted in another location on the property to replacd -the significant tree to be
removed. _
6. A cash escrow of $2,000 shall be submitted prior to thessuance of a building
permit to guarantee removal of the existing shed, the removal and installation of
the existing and new driveway and the installation of two new trees.
7. A demolition permit shall be required;�Oior to removal of the existing detached
accessory building.
8. A building permit shall be required prior"to com construction on the new
building and construction and installation. of- sanitary sewer and water to the
accessory building.
9. Any floor drains in the garage-must -meet building code requirements.
Ayes: Maguire, Boerschel, Lillehei; Reuvers'; Grenz, "Diotning, Swenson
Nays: 0 -
Chair hei opened thek:pi blic :,-hearrg`: to consider the application of SBF
Developme Corp: for a breliminary.'_plat. and PUD development stage plan of 52
single family -..Io, o be .known as Spirit of Brandtjen Farm 12 Addition, located east
of Knob Road: R:`3a),and south of 160 Street (C.R. 46).
Jacob Fick, from SBF. De lopment Corporation presented an overview of their
request;`.: Mr. Fick indicated th his plat will be very similar to the east side of the
Spirit of Farm".developm t with lots being 65 feet in width (cottage lots)
and with Robert Thomas Homes being a builder. He stated that the location of the
12 Addition " a new front door fo he SBF development along Pilot Knob
Road and will work around the current Aggreg Industries mining operation, which
will be done in 2014.
Planning Consultant Daniel Licht presented the planning re rt. Mr. Licht stated that
the SBF 12 Addition preliminary plat includes 52 single famil is and four outlots
located on 25 acres in the northwest quadrant of the Spirit of Bran Farm PUD.
Mr. Licht stated that there is no minimum lot area required by the SBF P istrict.
He indicated that lots are regulated based on minimum width requirements, setbecks
and design standards that were established by the SBF PUD Booklet in 2005.
City of Lakeville
Planning Department
Lakeville
Memorandum
To: Planning Commission
From: � rank Dempsey, AICP, Associate Planner
Date: August 2, 2013
Subject: Packet Material for the August 8, 2013 Planning Commission Meeting
Agenda
Item: Tim and Traci Radtke Conditional Use Permit.
Application Action Deadline: September 20, 2013
INTRODUCTION
Timothy and Traci Radtke, owners of property located at 19713 Jersey Avenue, have
submitted an application and plans for a conditional use permit to allow the construction
of a detached accessory building greater than the maximum height of 15 feet. A detached
accessory building requires a conditional use permit in the RS -3, Single Family Residential
District if it is to exceed 15 feet in height. The property is also in the Shoreland Overlay
District of Lake Marion. The proposed new detached accessory building will be 21 feet, 10
inches in height. The property received a conditional use permit in 1997 and an amended
conditional use permit in 2000 to allow expansions to the single family home. The existing
detached garage will be demolished and the new detached garage will be constructed in
the same location.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Certificate of Survey
D. Architectural Site Plan
E. Proposed Perspectives and Elevations
F. Cross Section Plan
G. Proposed Upper Level and Lower Level Floor Plans
PLANNING ANALYSIS
The property was platted in 1909 as Lenihans Lots Antler's Park. The house was
constructed in 1995 and does not include an attached garage. The finished floor area of
the house is s 2,910 square feet in area. The applicants propose to remove the existing 528
square foot detached garage and 120 square foot detached shed and replace them with a
new two level 766 square foot garage with an upper level party room. The new garage will
meet the minimum 10 foot side yard setbacks and 30 foot front yard setbacks as required
by the Zoning Ordinance. The new building will also meet the 75 foot setback from the
Lake Marion Ordinary High Water Level. The total impervious surface area following
construction of the new detached accessory building will be 24.8 %, which is below the
maximum allowed impervious surface area of 25 %.
SURROUNDING LAND USES
North - Single family home
South - Single family home
East - Jersey Avenue and Single family home
West - Lake Marion
Section 11- 18 -9.0 of the Zoning Ordinance allows a maximum accessory building height of
15 feet unless a taller building is allowed subject to the approval of a conditional use
permit. In the RS -3 District, single family homes are allowed a maximum height of three
stories or 35 feet, whichever is less.
The foundation area of the new detached accessory building will be 766 square feet in area
which is within the maximum 1,100 square feet allowed in the RS -3 District. The new
accessory building will be adjacent to existing detached accessory buildings on both
adjacent lots.
Section 11 -18 -5 of the Zoning Ordinance requires that an application for a conditional use
permit under this section may be granted provided that:
A. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
The applicants have stated a need to replace the existing deteriorating detached
garage. They have also stated a need for additional gathering space not available
within the confines of the existing single family home.
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.
This criterion will be a stipulation of the conditional use permit.
2
C. The accessory building has an evident reuse or function related to a single - family
residential environment in urban areas or farm environment in nonurban areas of
the city.
The accessory building has a reuse as a garage and residential gathering area or
storage.
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.
This criterion shall be a stipulation of the conditional use permit.
E. The performance standards and criteria of Section 11 -4 -7 (Conditional Use Permits)
of this title shall be considered and a determination made that the proposed
activity is in compliance with such criteria.
Building Exterior. The proposed building exterior is vinyl lap siding and asphalt shingles
that will match the single family home and be in compliance with Zoning Ordinance
requirements.
Tree Preservation. One large spruce tree is located west of the shed and will be removed
with the construction of the new detached accessory building. Staff recommends that two
new trees be planted in another location on the property to replace the significant tree to
be removed.
Department of Natural Resources. The DNR has been notified of the proposed
conditional use permit and has not responded with any comments.
RECOMMENDATION
Planning Department staff recommends approval of the Radtke conditional use permit
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 building exterior shall be constructed in accordance with the building materials
identified on the elevation plans.
3. No part of the detached accessory building shall be used for all or a portion of a
home occupation, for commercial activities or for commercial storage, dwelling
purposes, guest room or for any other overnight accommodations.
4. The detached accessory building 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.
5. Two new trees meeting minimum Zoning Ordinance requirements shall be planted
in another location on the property to replace the significant tree to be removed.
6. A cash escrow of $2,000 shall be submitted prior to the issuance of a building
permit to guarantee removal of the existing shed, the removal and installation of
the existing and new driveway and the installation of two new trees.
7. A demolition permit shall be required prior to removal of the existing detached
accessory building
8. A building permit shall be required prior to commencing construction on the new
building and construction and installation of sanitary sewer and water to the
accessory building.
Findings of fact are attached for your review.
cc: Tim and Traci Radtke
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Dakota County assumes no legal responsibility for the information contained in this data. 7/22/2013
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