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HomeMy WebLinkAboutItem -2506Item No. -� City of Lakeville Planning Department Memorandum To: Planning Commission From:-rt�Fnk Dempsey, AICP, Associate Planner Date: July 19, 2013 Subject: Packet Material for the July 25, 2013 Planning Commission Meeting Agenda Item: Conditional Use Permit and Variance for Minneapolis Meeting Rooms, Inc. Application Action Deadline: July 30, 2013 (extended 60 days to September 28, 2013) INTRODUCTION Minneapolis Meeting Rooms, Inc. (members of the Plymouth Brethren church) have submitted an application for a conditional use permit to allow the conversion of a 1,200 square foot single family home to a church use with a 40 seat main assembly hall (worship area) and a 14 stall parking lot in the RS -2, Single Family Residential District located at 9880 - 192nd Street. The church also proposes to maintain the existing residential character of the building by keeping the residential design and exterior building materials intact. An exception from exterior building material requirements for institutional uses is also being requested. The property is 3.0 acres in area and includes a single family home and a 200 square foot detached accessory building. Religious institutional uses, including churches, are allowed in the RS -2, Single Family Residential District subject to the approval of a conditional use permit. Minneapolis Meeting Rooms, Inc. also has a church located at 21151 Idaho Avenue, west of Dodd Boulevard and north of 212th Street that received conditional use permit approval in 2011. According to the application narrative provided with the application, the church proposes to have a smaller second church location to sere the needs of their congregation. Planning Department and Engineering Division staff has reviewed the conditional use permit plans for compliance with the Zoning Ordinance and findings of fact and a recommendation are included in this report. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Application Narrative D. Survey/Site Plan, Grading, Drainage, Erosion Control and Landscape Plan E. Existing Floor Plan F. Proposed Floor Plan G. Appaloosa Farm Sketch Subdivision Layout H. Meeting Notes of the June 25, 2013 Neighborhood Meeting I. Petition letter and Emails from Neighborhood Residents (13 Pages) SITE ANALYSIS Zoning. The property is zoned RS -2, Single Family Residential District. The subject property is a 3 acre metes and bounds described parcel. The lot meets the lot area and lot width requirements for the RS -2 District. Churches and other religious institutions are allowed in the RS -2 District by conditional use permit. Surrounding Land Uses and Zoning North -192nd Street and single family homes (RS -3 District) South - Single family homes (RS -2 District) East - Iteri Avenue and single family homes (RS -2 District) West - Single family homes (RS -2 District) and CSAH 50 Comprehensive Plan. The subject property is located in Planning District No. 5 and is guided for low density residential land use by the City's 2030 Land Use Plan. Public and quasi -public land uses such as schools, churches, government buildings and utility sites are allowed in residential zoned areas by conditional use permit. In such locations where public and quasi - public uses abut residential land uses, the Comprehensive Plan suggests that site design, building orientation, access locations, setbacks, landscaping and screening be provided for buffering and transition to mitigate potential compatibility issues. Appaloosa Farm Subdivision. The Appaloosa Farm residential neighborhood was first subdivided in the late 1960's and included 25 metes and bounds described single family home parcels within 70 acres. The parcels are between two and three and a half acres in size. 2 The first homes were constructed in 1970 and 1971. In 2002, following the development of The Greenway residential development north of 192nd Street, the City was able to provide sanitary sewer and water services throughout the Appaloosa Farm neighborhood. Nine new parcels have been created and six new homes have been constructed in the Appaloosa Farm neighborhood by approval of a plat or administrative subdivision since City sewer and water were extended through the neighborhood. A property subdivision sketch was created in conjunction with the street and utility improvement project in 2002 to estimate possible future subdivisions of some or all of the properties in Appaloosa Farm (Exhibit G). The property owned by Minneapolis Meeting Rooms is three acres in area and could be subdivided to create one or two single family lots as shown on Exhibit G. Building Re -Use. If the religious institution use of the property is discontinued, any future use of the property will be subject to the uses allowed by the Zoning Ordinance at that time. If the property is no longer used for a church or religious institutional use, the parking lot shall be removed and groundcover reestablished prior to occupancy of the building for any other use. Grading, Drainage, Erosion Control and Utilities. The existing house on the property is connected to City sewer and water. Private utility services are provided via an overhead power line from a wood pole located along the west property line. The change in the use of the property from single family residential to institutional use will require that the non -conforming overhead power line to the building be placed underground. A private well that once provided water service to the house prior to the availability of City water is located next to the existing driveway. The well is separate from the public water service and is used for outdoor irrigation. Staff recommends a stipulation that the well be sealed. The project engineer has submitted a grading, drainage and erosion control plan for the proposed site and the construction of the proposed parking lot. The Engineering Division recommends approval of the conditional use permit plans subject to the recommendations outlined in the engineering report dated July 18, 2013. CONDITIONAL USE PERMIT ANALYSIS The subject property is zoned RS -2, Single Family Residential District. Religious institutions such churches are allowed by conditional use permit subject to a side yard setback requirement double that required by the zoning district but not greater than 30 feet. The attached garage is setback 27 feet from the west side property line but the garage will not be occupied for church use. The ratio of building and pavement area to lot size is approximately 7%. Section 11-4-7 of the Zoning Ordinance includes general performance standards for the evaluation of conditional use permit requests. Staffs review of the applicable criteria as they 3 pertain to the conditional use permit request of Minneapolis Meeting Rooms, Inc. is as follows: A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. The subject property abuts 192nd Street to the north which is a major collector road as defined by the City's Transportation Plan. 192nd Street is a 36 foot wide road. Eight (80) feet of right-of-way is required for 192nd Street. This is achieved with a combination of 51 feet of right-of-way dedicated with The Greenway 15t and 2nd Addition final plats and a 29 foot roadway easement along the south side of 192nd Street. The subject site currently has a driveway that accesses 192nd Street. The church parking lot is proposed to access Iteri Avenue, a local street, restricting further driveway access onto the major collector road consistent with Zoning Ordinance requirements and the residential character of the neighborhood. The parking lot access will be located 53 feet south of the 192nd Street and Iteri Avenue intersection which is considered acceptable given the small size of the church and parking lot and to minimize impacts to the residential neighborhood. The church proposes to use the property twice per week for up to 40 persons and approximately eight to ten but not more than 14 vehicles at any one time. Vehicle trips to the property for the church use as described in the narrative will result in approximately 56 vehicle trips per week, consistent with the number of vehicle trips for a single family home which is typically 70 trips per week. B. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of this title. The proposed 14 stall parking lot will be located at the north end of the property adjacent to 192nd Street minimizing traffic impacts to the Appaloosa Farm neighborhood to the south. C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. A sidewalk will be constructed between the parking lot and the church entrance. A trail is located on the north side of 192nd Street that was constructed in conjunction with The Greenway residential development. The Appaloosa Farm neighborhood between 192nd Street and Kenwood Trail (CSAR 50) to the south is a large lot single family neighborhood without sidewalks. There is no sidewalk is on the south side of 192nd Street or on either side of Iteri Avenue. 2 D. Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title. The church proposes seats for up to 40 persons. The Zoning Ordinance requires that churches provide parking at a ratio of one space for each three seats of the capacity of the main assembly hall. The Zoning Ordinance requires 14 parking spaces. Fourteen (14) parking spaces are proposed in the parking lot plus one handicap accessible parking space will be provided in the existing driveway. The site plan shows that four additional parking spaces could be constructed the in future to accommodate additional parking needs. Vehicle parking associated with those occupying the church property shall not occur on any public street. The parking lot is set back 15 feet from the 192nd Street road easement in compliance with Zoning Ordinance requirements. E. Loading areas and drive -up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 20 of this title. The parking lot will be located on the east side of the lot, east of the existing building. A driveway is located north of the existing garage which will be used to access the garage and for a single handicap parking space. The parking lot will include landscape screening to act as a visual and noise buffer to the adjacent residential area. The nearest residential homes to the proposed parking lot and loading area are approximately 155 feet to the north, 280 feet to the southeast and 150 feet to the west. F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. Twenty-three (23), four foot tall arborvitae shrubs are proposed to be planted as a screening buffer between the proposed parking lot and the adjacent residential uses. There are seven mature spruce trees and four mature deciduous trees that will remain and act as a visual and sound buffer for the single family homes to the north. A 45 foot wide buffer lies between the south curb line of 192nd Street and the proposed parking lot. A financial security in the sum of $15,000 shall be required to guarantee completion of the improvements shown on the site plan such as the parking lot construction, sealing the well, burying the overhead power to the building, landscaping installation, grading and erosion control and other related site construction improvements. G. General site screening and landscaping shall be provided in compliance with chapter 21 of this title. The proposed landscaping and screening meet the size and height requirements of the Zoning Ordinance. 5 H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-16-17 of this title. No exterior lighting is proposed to be installed on the property. Lighting is allowed by the Zoning Ordinance but it must be down -cast type lighting and shall not glare onto adjacent properties. Lighting is not allowed to exceed one foot candle of intensity at any property line. I. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of this title. The applicants have not indicated that any outdoor services or other formal gatherings will occur outside the building. No outdoor sound amplification is permitted. J. The site drainage system shall be subject to the review and approval of the city engineer. Please refer to the attached engineering report prepared by Mark Hansen, Assistant City Engineer dated July 18, 2013. K. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The church representatives have indicated that they wish to maintain the residential character of the single family home that is currently on the property. The building consists of painted wood siding and asphalt roof shingles. There is no proposal to increase the size or to make any other significant changes to the outside appearance of the building. Section 11-17-9D of the Zoning Ordinance states that commercial, office and institutional uses, of which churches are included, must provide exterior finishes composed of at least sixty five percent (65%) grade A materials; not more than thirty five percent (35%) grade 6 or grade C materials and not more than ten percent (10%) grade D materials (excluding windows, doors or roof area). The Zoning Ordinance allows for an exception from the architectural requirements subject to the approval of a conditional use permit. The criteria required for the exception is listed in 11-17-9G of the Zoning Ordinance as follows: 2 1. The use is an essential service as defined by this title; or 2. The applicant shall have the burden of demonstrating that: a. The proposed building maintains the quality in design and materials intended by this title. By keeping the existing building exterior intact, the building will be consistent with the character of the neighborhood, meeting the intent of the Zoning Ordinance. b. The proposed building design and materials are compatible and in harmony with other structures within the district. The exterior building materials on the existing building are consistent with other single family residential buildings of it's age in the area. c. The justification for deviation from the requirements of this section shall not be based on economic considerations. By keeping the existing exterior building materials the church intends to compliment and blend into the predominant architecture of the Appaloosa Farm neighborhood. L. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of this title. This provision will be a stipulation of the conditional use permit. No outdoor trash storage is proposed as part of this conditional use permit. M. All signs and informational or visual communication devices shall be in compliance with chapter 23 of this title. No identifying signage is proposed with this conditional use permit and variance. If signage is proposed at a later date, it would be required to be in compliance with Zoning Ordinance requirements. Staff recommends no wall signs so as to be in keeping with the single family residential character of the Appaloosa Farm neighborhood. N. The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. This provision shall be a stipulation of the conditional use permit. 7 O. Any applicable business licenses mandated by this code are approved and obtained. No business licenses are required for the proposed church use. No commercial business shall be operated from the property. P. The hours of operation maybe restricted when there is judged to bean incompatibility with a residential use or district. The proposed days and hours of occupancy by the church are considered compatible with the residential character of the neighborhood. The church's proposed days of occupancy are twice per week on Sunday mornings and Monday evenings around 7:00 PM. Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated. Zoning nonconformities include the driveway onto 192"d Street, the side yard setback of the church building to the west property line, the overhead private utility service to the building and along 192"d Street and the private well. Staff recommends that the power line to the house be placed underground, the well to be sealed and a variance be approved for the existing west side yard and building setback. R. All additional conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. VARIANCE ANALYSIS Minneapolis Meeting Rooms, Inc. is requesting the approval of a variance to the 30 foot west side yard setback requirements. The existing house is 27 feet from the west side property line. Section 11-51-7D of the Zoning Ordinance requires that institutional uses be set back twice the required side yard setback for a structure in the R-2 District, which for single family homes is 15 feet. The variance is required since the proposed change in use of the property from residential to institutional use requires the increased setback. There is no proposal to expand the existing building. Section 11-6-5 of the Zoning Ordinance requires that a variance not be approved unless it can be found that failure to grant the variance will result in practical difficulties. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this title. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The following criteria must also be met: E:3 A. That the variance would be consistent with the comprehensive plan. The Comprehensive Plan designates the subject property as low density residential. Religious institutional uses are allowed in low density residential zoned properties by conditional use permit. B. That the variance would be in harmony with the general purposes and intent of this title. The setback variance of approximately three feet would allow the existing side yard setback of the garage to remain. The side yard setback is compliant for a single family home use. An institutional use requires double the required setback of 15 feet in the RS -2 District for a total of 30 feet. The existing building will remain in harmony with the general purposes and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the property owner. The house was constructed in 1970 in compliance with setback requirements including a side yard setback of 27 feet to the west property line. The minimum side yard setback for an institutional use building is double that required for the zoning district. The setback of the garage is not a result of action by the church. D. That the purpose of the variance is not exclusively economic considerations. The church proposes to keep the existing attached garage intact. No expansion of the existing building or an increase in the non -conforming setback is proposed. The purpose of the variance was not caused by the church and is not being requested exclusively for economic considerations. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Approval of the setback variance will not alter the essential character or be injurious to the neighborhood in which the parcel of land is located. F. That the requested variance is the minimum action required to eliminate the practical difficulty. No expansion, alteration or increase in non -conformity of the existing building is proposed. Staff recommends that any future expansion be required to meet the 30 foot setback requirement. 9 G. Variances may not be approved for any use that is not allowed by the Zoning Ordinance where the affected person's land is located. The proposed religious institution use of the property is allowed in the RS -2, Single Family Residential District subject to the approval of a conditional use permit. Findings of fact incorporating these responses to the variance criteria are attached for your review. Neighborhood Meeting. On June 25, 2013 at 6:00 p.m., representatives of Minneapolis Meeting Rooms, Inc. hosted a neighborhood meeting at Heritage Library to introduce their proposal and to answer questions from neighborhood residents. My notes from the neighborhood meeting are attached as Exhibit H of the planning report. Resident Letters/Emails. At the time of this planning report, seven emails, including a petition with signatures, have been submitted by residents of the neighborhood. Those emails and letters are attached as Exhibit I. Any additional emails or letters received prior to the public hearing will be provided to the Planning Commission at the July 25, 2013 meeting. RECOMMENDATION Planning Department staff has reviewed the Minneapolis Meeting Rooms Church conditional use permit and variance applications and plans and has determined that the requests meet Zoning Ordinance requirements and therefore recommends approval subject to the following stipulations: 1. The parking lot and other site improvements on the property shall be completed in compliance with the site plan approved by the City Council. 2. Site development shall be in compliance with the recommendations outlined in the July 18, 2013 engineering report. 3. Landscaping shall be installed according to the approved site plan. The landscaping shall remain alive and in healthy condition to act as an effective screen of the parking lot. Any dead landscaping shall be promptly replaced with like landscaping in compliance with the approved site plan and Zoning Ordinance requirements. 4. The driveway from 192nd Street shall be used only for handicap parking or access to the garage. Said driveway shall not be used for non -handicap parking during times of religious assembly. 10 5. Parking during religious services or other religious institution assemblies in the building or the property shall be restricted to the on-site parking lot and shall not occur on 192nd Street and Iteri Avenue or any other public streets. 6. If the property is no longer used for a church or assembly use, the parking lot shall be removed and groundcover shall be reestablished in compliance with Zoning Ordinance requirements prior to occupancy of the building for any other use. 7. The property shall not be used for commercial, residential or residential shelter purposes. 8. Amplification of sound outdoors is not permitted. 9. The water well on site shall be abandoned and sealed in accordance with official requirements. 10. Required parking spaces shall not be used for snow storage. 11. The overhead utility service between the electric power pole and the building shall be placed underground. 12. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage. 13. The use and property shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. 14. A building permit is required prior to commencing any building remodeling. 15. Any future building expansion will require a conditional use permit amendment and must meet Zoning Ordinance setback requirements. 16. No wall signs shall be allowed on the church building. 17. A financial security of $15,000 shall be submitted to guarantee completion of the site improvements and other improvements required by this conditional use permit. cc: Minneapolis Meeting Rooms, Inc. CUP/Minneapolis Meeting Rooms 11 190TH ST �W'A 10TWw", illi iii - �' � 9880 92nd RS -2 lim HIBIT A Dakota County, MN I r, 1 t r Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 176 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/5J2013 EXHIBIT B May -30,2013 afy &f L-akczvut' 20195 Ho4xjofc , Avt, L-xkvtUL,&, MN 55044 Re/ CU App4to4io*v, 9880 192"1 Sfre *Weyf To- W+k-o v i 4- wuuy wlAt rw, minneapolis meeting rooms, inc. M i,�yaLi s, M e e4fi,wg Ro awLs., I Kt,, (M M R) Zi, cv yvwad,L, Lak e vi)U - b,atie al. 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In I` I I �m o"j I F O00 c>O I< I ma F I Z 28•-0'rn --I 6'•t IV IV I r X m z m q wmq m X 0 C: X -q 90 s! 1 0 D r r m m x c� mom rC COCo O m <0 o� zW m 0 "0 r °0 U) D X ----------- --------------------� 1 1 /A O I ' ------ � -------------=--lir ---------- --- I I. i I �1 I `V l 1 1 06 ( , i ZA ----------- --------------------� 1 1 ` ui fnJ N I 1 i I �1 I `V 1 1 1 I ----------- --------------------� 1 1 City of Lakeville Planning Department Lakeville Memorandum TO: Planning Commission FROM: Frank Dempsey, AICP, Associate Planner DATE: June 26, 2013 SUBJECT: Minneapolis Meeting Rooms Church Neighborhood Meeting Notes On June 25, 2013 at 6:00 p.m., representatives of Minneapolis Meeting Rooms, Incorporated (members of the Plymouth Brethren church) hosted a neighborhood meeting at Heritage Library for their proposed conditional use permit to convert an existing single family home into a 40 seat religious institution facility. The property is located at 9880 —192"d Street. The meeting was attended by the following individuals: • Six church representatives • Approximately 20 neighborhood residents The Minneapolis Meeting Rooms representatives introduced themselves and gave a brief presentation of the church's plans for the property and building. The property is approximately three acres and is proposed to include 14 parking spaces for the 40 seat main assembly area of the building. The church representatives will be asking for approval of a conditional use permit to allow the religious institution use of the property. The following questions were raised by neighbors: 1. How large is the proposed assembly area? 2. What will be the days and hours of services? EXHIBIT H 3. Can the parking lot be accessed from 192nd Street? 4. Will parking be allowed on street? 5. Can the building be converted back to a residential use? 6. Will the building be used for any other residential or residential shelter type of use? 7. Church growth plans and projections? 8. How is building occupancy controlled for the maximum number of seats? 9. Concerns about traffic impact and pedestrian safety on Iteri Avenue. 10. A written intent on the planned use of the property was requested. 11. Provide parking lot screening. 12. Will existing spruce trees remain between the house and 192nd Street? 13. What will be the financial impact of the parking lot to property values in the neighborhood? 14. How will the site drainage be handled? 15. On site and parking lot lighting? 16. Any proposed signs? Lack of a sign may promote vandalism. 17. The empty building may promote vandalism if not occupied as planned between Tuesday and Saturday. The meeting adjourned at 7:00 pm June 28, 2013 Dear Mayor Little, Council Member Doug Anderson, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey. We strongly oppose the plans to convert the home located at 9880 192nd Street into a Minneapolis Meeting Rooms Hall with a parking lot. The development of a parking lot in a residential area will bring increased traffic and create significantly higher safety concerns to the residents living nearby. It will also create noise, air, and light pollution seriously impeding the residents' ability to peacefully enjoy their homes and the small-town feel of our Lakeville community. Many small children and family members like to walk, bike, and jog on this busy street. As Lakeville residents and homeowners, we believe and support the Vision of the City of Lakeville that states, Lakeville is the choice for residents and businesses looking for a superior quality of life, unique and connected neighborhoods, and a character that reflects a strong sense of community. We do not feel that converting a home into a Meeting Hall with a parking lot supports the City of Lakeville Vision. In fact, it opposes it. In addition to the concerns mentioned above, such a parking lot on a highly visible street will be a blight to the surrounding residential areas and have an adverse impact on the existing and future home values. This will also negatively impact tax revenue to the City of Lakeville. As leaders of Lakeville, we urge you to support the families of Lakeville. We urge you to reject the current plans to convert the home located at 9880 192nd Street into a Minneapolis Meeting Rooms Hall with a parking lot. Sincerely, Concerned Lakeville Residents (Please see the attached list of signatures.) EXHIBIT I IMITIP ADDRESS 4 t'o'l vt 'O"W , I ,,-# 7j ' � -�-i , " C It A "1 -1 • -ki!L 77 , I ,,-# 7j ' � -�-i , " C MEW SIGNATURE ADDRESS -7 14 A -1- V'! !"A c -C) f, Ta 7 4 144 le� A. flofl'_ le: AI rlf(L-Irf t':'K I AVE" A -1- V'! !"A c -C) f, Ta 7 4 144 le� Dempsey, Frank From: Blaine Eggum <bineggum@gmail.com> Sent: Friday, June 28, 2013 4:20 PM To: Dempsey, Frank Subject: Church Parking lot Frank, I live at 19390 Iteri Ave and was present at the neighborhood meeting that was recently held for the change in use and church parking lot. I would like share some thoughts with you for your discussions with the planning department. I'm assuming that we have no say as far as the use in the residential setting. However I chose this location to build my house in a more of a rural setting where houses would not be stacked on top of each other. The neighborhood is unique in the fact that we are basically in the heart of Lakeville and still live on acreage. This change in use is exactly what we wanted to not have to look at (a parking lot). I'm very against putting a parking lot in our quiet neighborhood. That said I'm assuming the planning board is going to go ahead with it anyways as its been done in the past. So if I have any voice in the matter at all please make sure that the size cannot increase in the future and that there is plenty of screening in place in order to hide as much of the parking lot as possible. There should be restriction on noise as well as far as if they were to hold any outside events. Thanks for your time and taking my concerns into consideration. Thanks, Blaine Eggum Dempsey, Frank From: Paul Schliesman <schliesman@hotmail.com> Sent: Sunday, July 14, 2013 10:13 PM To: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl; Dempsey, Frank Subject: Minneapolis Meeting Rooms Hall parking lot Dear Mayor Little, Council Member Doug Anderson, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey - We strongly oppose the plans to convert the home located at 9880 192nd Street into a Minneapolis Meeting Rooms Hall with a parking lot. The development of a parking lot in a residential area will bring increased traffic and create significantly higher safety concerns to the residents living nearby. As Lakeville residents and homeowners, we believe and support the Vision of the City of Lakeville that states, Lakeville is the choice for residents and businesses looking for a superior quality of life, unique and connected neighborhoods, and a character that reflects a strong sense of community. We do not feel that converting a home into a Meeting Hall with a parking lot supports the City of Lakeville Vision. In fact, it opposes it. In addition to the concerns mentioned above, such a parking lot on a highly visible street will be detrimental to the surrounding residential areas and have an adverse impact on the existing and future home values negatively impacting tax revenue to the city. As leaders of Lakeville, we urge you to support the families of Lakeville. We urge you to reject the current plans to convert the home located at 9880 192nd Street into a Minneapolis Meeting Rooms Hall with a parking lot. Thank you. Sincerely, Jay & Kathy Schliesman 19134 Ismay Path Lakeville Dempsey, Frank From: Sanita.Manyram <Sanita. Manyra m @target. com > Sent: Tuesday, July 16, 2013 9:08 AM To: 'mlittle@lakevillemn.gov'; 'danderson@lakevillemn.gov; 'bdavis@lakevillemn.gov; 'clabeau@lakevillemn.gov'; 'kswecker@lakevillemn.gov; 'dmorey@lakevillemn.gov'; 'fdem psey@lakevil lem n.gov' Cc: Sanita.Manyram; ragjieram@aol.com Subject: Minneapolis Meeting Rooms Hall with a parking lot Dear Mayor Little, Council Member Doug Anderson, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey. We are writing to you as very concerned citizens of Lakeville to let you know that we strongly oppose the plans to convert the home located at 9880 192"d Street into a Minneapolis Meeting Rooms Hall with a parking lot. In 2012 Lakeville was listed as #19 on the top 100 cities to live in by Money Magazine. We are very proud of our neighborhood and take great pride in up keeping it. We are asking you as leaders to help us keep it this way. Creating a parking lot in this highly residential area will bring increased traffic and create significantly higher safety concerns for all of us, not to mention the noise and air pollution. Our neighborhood is very family oriented with many, many small children. Our kids are constantly playing from one yard to another. This will take away our children's freedom and be very stressful for us as parents. We will be unable to enjoy the peacefulness of our community and our homes. Our quiet walks and bike rides will become very worrisome as this parking lot will mean increased traffic. Approving the creation of a parking lot in our community and converting a home into a Meeting Hall will not be in support of our community. Another big concern for us is because this property is on the main street leading into our community, the impact this will have on the value of our homes and how negatively this will impact the tax revenue to the city of Lakeville. We are urging you as our Lakeville leaders to support the families of Lakeville and reject the current plans to convert the home located at 9880 192nd Street into a Minneapolis Meeting Rooms Hall with a parking lot. Thank you for your kind consideration to this matter! Sincerely, Jay & Sanita Ragjieram 19142 Ismay Path, Lakeville, MN 55044 612-636-8937 Dempsey, Frank From: Heather McKinley <heathermc5@gmail.com> Sent: Sunday, July 14, 2013 7:05 PM To: Little, Matthew; Davis, Bart; Swecker, Kerrin; Dempsey, Frank; 'danderson@lakevillemn.gov; LaBeau, Colleen Subject: Minneapolis Meeting Rooms Proposal Dear Lakeville Leaders, Thank you for your service to our community. It is very much appreciated. I am a concerned neighbor who is opposed to the renovation adjacent to our street, Iteri Avenue. The group is called "Minneapolis Meeting Rooms" and plans to renovate a residential property into a meeting space with a parking lot. My husband and I feel this will aversely affect property values and traffic flow. We are also concerned that if this group moves on, there will be little to no resale value with the presence of the parking lot and state of the inside. If it goes unkempt for any length of time ... all of the homes in our neighborhood will also adversely affected. Please carefully consider this proposal and all elements involved in turning this property into something other than a home. Regards, Heather McKinley Heather McKinley (612)889-0049 Dempsey, Frank From: Heather McKinley <heathermc5@gmail.com> Sent: Wednesday, July 17, 2013 11:14 AM To: Dempsey, Frank Cc: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl Subject: Proposal at 9880 192nd St. Rick and Heather McKinley 19128 Iteri Ave. Lakeville, MN 55044 July 16, 2013 Frank Dempsey Associate Planner, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Mr. Dempsey, We are sending this letter because we are unable to attend the public hearing July 25. Thank you for the option of contacting you in this way. We echo the concerns of our friends and neighbors, Mike and Michelle Colbert, and have outlined their words below. We do not think that the proposed location for this group is a good idea and will affect our neighborhood in a negative way. After learning that a group has requested that the home located on 192nd Street at the corner of Iteri Avenue be issued a conditional use permit to remodel the interior of and add a parking lot, we had a lot of questions and concerns. The addition of a parking lot on that corner will not only be unsightly in a nice residential neighborhood, it could attract trespassers once everyone knows the home is no longer a residence. Without people actively living in the house, on nights after it becomes known that no one will be living in the building, the parking lot could become a meeting place for unsavory activity because no one will be in the home to report the activity. In the decade the Fairfield neighborhood has existed, there have been numerous cases of break-ins to cars left on the street or in driveways and even worse, several home invasions. The parking lot would sit lower than 192nd Street and be a perfect place for a would-be criminal to stake out the neighborhood to see when cars come and go. Being law-abiding citizens, it is hard to imagine the exact behavior could take place on the property when it is not being used by the group but we are not naive enough to think illegal activities are not a possibility. On a different note, if a meeting is held and more cars arrive than will fit in the parking lot, cars will line the sides of 192nd Street causing possible traffic issues. There is concern over what will happen to the property when it is not being used for group meetings. Will the group decide to use it as a homeless shelter or soup kitchen? Will the group use the property for frequent outdoor meetings that could impact the quiet peace of the neighborhood? A Google search of "Minneapolis Meeting Rooms, Inc" and other variations, found no website for this church group. Given nearly every church we know of has a website, it would seem this group is very private. We did find an article in the Star Tribune, hqp://www.startribune.com/local/south/122189674.html, that indicated that the group submitted an application in May 2011 for a new church to be built on a plot west of Dodd Boulevard and north of 212th Street, at 21151 Idaho Avenue. The article mentioned that the proposed building would be 3,200 SF, seat 72 people and would include 34 parking spaces. We searched this property on the Dakota County property records website and found that the group does not have the tax exempt status which is typical of church groups. Churches are listed on the site as having a "Uses = EXEMPT", with no text in the "Building description" box and have $0 of tax due each year. But in the case of the two properties they own on Idaho Avenue, one of which is undeveloped, the Minneapolis Meeting Rooms, Inc group has a "Uses = COMMERCIAL -PREFERRED" and pays nearly $12,000/year in taxes for both properties. The developed property has a "Building description" as "CLUBHOUSE". All of this information makes us wonder why this "religious institution" (as described on the Public Notice for Proposed Development) is paying taxes if they are considered a religious group. Churches of all kinds (Catholic, Lutheran, Evangelical, Latter Day Saints, Jehovah's Witness, etc) don't pay property taxes but this group pays property taxes on its current Lakeville property. Why is that? What makes this group so different from other churches that the government doesn't seem to recognize it as a church. Further, if the group has the funds to buy and remodel this property on 192nd Street, (it is on record that it paid $210,000 for the home on 192nd Street) it goes without saying that the first big question is why does the group not just add on to that site? Given that that building is less than two years old, it seems very strange that they would not expand their current site. What happens if the group decides it no longer wants to meet at this building9 what happens to the building? Our understanding is that the remodel will result in a building that look like a private residence from the outside but will no longer resemble a private family home. Will the property sell with the conditional use permit, or is the permit limited to this group? What happens if the group meeting needs grow to overflow the parking lot, where will the people park? If the group starts parking along 192nd Street result in the group's conditional use permit being revoked? If so, would the City require the group to pay to remove the parking lot and convert it back into a single-family home before it can be listed for sale again? What kind of precedence would be set by allowing this group to convert a property with an existing single-family home currently zoned as a residence into a meeting hall? Could any single-family home be converted to a meeting hall in any neighborhood? Where does the City draw the line between which homes can be converted and which cannot? Lastly, there is concern over the addition of the parking lot and the converting of the private residence into a meeting hall could have an adverse affect on the resale value of each of the nearby homes as prospective buyers could pass over homes in this area for other neighborhoods without a nearby property that has had an out -of - the -ordinary zoning change made. We ask each person on the committee making this decision to ask themselves if they would want to live near this property if it was updated with a parking lot and remodeled into a meeting hall, especially given the fact that the group already owns land in Lakeville and expansion seems to be more reasonable to take place at that site. It is our hope that the property at 9880 192nd Street will remain a traditional 4 -bedroom single-family home. Sincerely, Rick and Heather McKinley CC: Matt Little, Mayor Doug Anderson, City Council Bart Davis, City Council Colleen LaBeau, City Council Kerrin Swecker, City Council Daryl Morey, Planning Director Dempsey, Frank From: Michelle Colbert <mmcolbert@gmail.com> Sent: Tuesday, July 16, 2013 11:22 PM To: Dempsey, Frank Cc: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl Subject: Proposed development at 9880 192nd Street Michael & Michelle Colbert 19138 Ittabena Way Lakeville, MN 55044 July 16, 2013 Frank Dempsey Associate Planner, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Mr. Dempsey, Thank you for taking the time to speak with me on the phone on June 25 and again today. I hightlight below some of the concerns we have after learning a few weeks ago about the plans for the property at 9880 192nd Street, on the comer of Iteri Avenue and 192nd Street, the primary entrance to the Fairfield community, a neighborhood of nearly 100 homes. After learning that a group has requested that the home located on 192nd Street at the corner of Iteri Avenue be issued a conditional use permit to remodel the interior of and add a parking lot, we had a lot of questions and concerns. The addition of a parking lot on that corner will not only be unsightly in a nice residential neighborhood, it could attract trespassers once everyone knows the home is no longer a residence. Without people actively living in the house, on nights after it becomes known that no one will be living in the building, the parking lot could become a meeting place for unsavory activity because no one will be in the home to report the activity. In the decade the Fairfield neighborhood has existed, there have been numerous cases of break-ins to cars left on the street or in driveways and even worse, several home invasions. The parking lot would sit lower than 192nd Street and be a perfect place for a would-be criminal to stake out the neighborhood to see when cars come and go. Being law-abiding citizens, it is hard to imagine the exact behavior could take place on the property when it is not being used by the group but we are not naive enough to think illegal activities are not a possibility. On a different note, if a meeting is held and more cars arrive than will fit in the parking lot, cars will line the sides of 192nd Street causing possible traffic issues. There is concern over what will happen to the property when it is not being used for group meetings. Will the group decide to use it as a homeless shelter or soup kitchen? Will the group use the property for frequent outdoor meetings that could impact the quiet peace of the neighborhood? A Google search of "Minneapolis Meeting Rooms, Inc" and other variations, found no website for this church group. Given nearly every church we know of has a website, it would seem this group is very private. We did find an article in the Star Tribune, http://www.startribune.com/local/south/122189674.htm1, that indicated that the group submitted an application in May 2011 for a new church to be built on a plot west of Dodd Boulevard and north of 212th Street, at 21151 Idaho Avenue. The article mentioned that the proposed building would be 3,200 SF, seat 72 people and would include 34 parking spaces. We searched this property on the Dakota County property records website and found that the group does not have the tax exempt status which is typical of church groups. Churches are listed on the site as having a "Uses = EXEMPT", with no text in the "Building description" box and have $0 of tax due each year. But in the case of the two properties they own on Idaho Avenue, one of which is undeveloped, the Minneapolis Meeting Rooms, Inc group has a "Uses = COMMERCIAL -PREFERRED" and pays nearly $12,000/year in taxes for both properties. The developed property has a "Building description" as "CLUBHOUSE". All of this information makes us wonder why this "religious institution" (as described on the Public Notice for Proposed Development) is paying taxes if they are considered a religious group. Churches of all kinds (Catholic, Lutheran, Evangelical, Latter Day Saints, Jehovah's Witness, etc) don't pay propety taxes but this group pays property taxes on its current Lakeville property. Why is that? What makes this group so different from other churches that the government doesn't seem to recognize it as a church. Further, if the group has the funds to buy and remodel this property on 192nd Street, (it is on record that it paid $210,000 for the home on 192nd Street) it goes without saying that the first big question is why does the group not just add on to that site? Given that that building is less than two years old, it seems very strange that they would not expand their current site. What happens if the group decides it no longer wants to meet at this building? What happens to the building? Our understanding is that the remodel will result in a building that look like a private residence from the outside but will no longer resemble a private family home. Will the property sell with the conditional use permit, or is the permit limited to this group? What happens if the group meeting needs grow to overflow the parking lot, where will the people park? If the group starts parking along 192nd Street result in the group's conditional use permit being revoked? If so, would the City require the group to pay to remove the parking lot and convert it back into a single-family home before it can be listed for sale again? What kind of precedence would be set by allowing this group to convert a property with an existing single-family home currently zoned as a residence into a meeting hall? Could any single-family home be converted to a meeting hall in any neighborhood? Where does the City draw the line between which homes can be converted and which cannot? Lastly, there is concern over the addition of the parking lot and the converting of the private residence into a meeting hall could have an adverse affect on the resale value of each of the nearby homes as prospective buyers could pass over homes in this area for other neighborhoods without a nearby property that has had an out -of - the -ordinary zoning change made. We ask each person on the committee making this decision to ask themselves if they would want to live near this property if it was updated with a parking lot and remodeled into a meeting hall, especially given the fact that the group already owns land in Lakeville and expansion seems to be more reasonable to take place at that site. It is our hope that the property at 9880 192nd Street will remain a traditional 4 -bedroom single-family home. Sincerely, Michael and Michelle Colbert CC: Matt Little, Mayor Doug Anderson, City Council Bart Davis, City Council Colleen LaBeau, City Council Kerrin Swecker, City Council Daryl Morey, Planning Director *** I received the email addresses for those on the CC line from my neighbor, Kerry Singh, who recently asked people in the Fairfield community to write to all of you with our concerns. Dempsey, Frank From: Carol Murto <cjmurto@hotmail.com> Sent: Wednesday, July 17, 2013 9:00 PM To: Dempsey, Frank Subject: 192 nd street As a home owner on Ipava, I would very much like to know what this "religious institution" is. A church or half way house??? I need to know if we, the neighbors need to start thinking about selling our homes and moving out of Lakeville with our families. Also, I am concerned about how this will affect our traffic if at all. I paid quite a bit to build my home here in Lakeville and feel it my right to be consulted about what "religious institution" gets built near my home. Carol Murto Lakeville Memorandum To: Frank Dempsey, Planning Director From: Mark C. Hansen, Assistant City Engineer Copy: Zach Johnson, City Engineer R iac Cafferiy, Environmental Resources Manager Date: July 18, 2013 Subject: Minneapolis Meeting Rooms CUP City of Lakeville Engineering Minneapolis Meeting Rooms Church representatives have submitted a Conditional Use Permit (CUP) application to convert a 1,200 square foot single family residence to use as a church for up to 40 persons. This residential property is located at 9880 192nd Street. SITE CONDITIONS The property is currently developed as a single family residential lot. STREETS The property is adjacent to 192nd Street, a major collector as identified in the City's Comprehensive Transportation Plan. The 1/2 right of way requirement for 192"d Street is a minimum of 40 feet. A 29 foot roadway drainage and utility easement currently exists along the south half of 192nd Street. The development located to the north of this property (The Greenway 1 st Addition), dedicated 51 feet of right of way for 192nd Street. There is currently one driveway access from the subject property to 192nd Street. The property is also located adjacent to Iteri Avenue, a 22 foot wide local street within a 60 foot right of way. Iteri Avenue is currently a rural cross section with no curb and gutter. The owner proposes to construct a new parking lot consisting of 14 stalls on the east side of the property with the option to construct four additional stalls if needed in the future. A new 24 foot wide driveway access to Iteri Avenue is also proposed. GRADING, DRAINAGE AND STORM SEWER The site is located within the Lake Marion Stormwater District. There are no trunk facilities located or required within this site. The existing drainage pattern on the parcel has runoff flowing south and away from the house to localized low areas within the property. Runoff from the proposed parking lot will flow to a curb cut to be located in the southeast corner of the proposed parking lot, where it will eventually flow to existing localized low points located toward the center and south portion of the property. Water will collect at these low areas, and eventually infiltrate into the existing soils. The added impervious area does not meet the MPCA requirement of one acre of added impervious necessary to require permanent stormwater treatment and/or detention systems. In addition, the proposed driveway to be located on the east time of the property will have a 1 2 inch CMP cul %/GYt installed to maintain existing ditch drainage from north to south along Iteri Avenue. This culvert will be privately owned and maintained. The added impervious area due to the proposed parking lot does not require any new permanent storm water improvements. UTILITIES The existing residential structure is served by City water and sewer. There is an existing well located on the site. The City requests this well to be abandoned, as allowed by Section 11-4-7 Q of the zoning ordinance. A special assessment search for this property identified three deferred assessments. Deferred status terminates at such time that the property is subdivided or combined with an adjacent parcel. The owner must bury the overhead power service line that runs from the power pole located along the west property boundary to the structure. A $2,000 security is required to ensure that this work is completed. WETLANDS There are no known wetlands identified on the site. TREE PRESERVATION There are several significant trees located on the property. There are no impacts proposed to existing trees on the site. EROSION CONTROL An erosion control plan has been submitted and includes the following: • Perimeter silt fence control to be located around the construction limits. • The site will be re -vegetated within 48 hours of final grade. Streets must be cleared of debris at the end of each day. A seed/mulch specification that meets City requirements, as well as inlet protection placed on the upstream end of the proposed driveway culvert shall each be depicted on the final plans. Additional erosion control measures may be required during the construction process as deemed necessary by City staff. SECURITIES The church shall be required to provide a security. The security will be based on the construction costs estimated for site grading, curb and pavement, seeding and erosion control, developer's record drawings, landscaping, well abandonment and for burying the overhead electrical service. The security amount will be determined prior to City Council approval. RECOMMENDATION Engineering recommends approval of the Minneapolis Meeting Rooms Church CUP subject to the terms listed in this report. Approval is also subject to the comments of the City Administrator, Planning Director and the City Attorney. GACUPAMinneopolis Meeting Rooms CUP1Engineering Review Memo - Mpls Mtg Room CUP- 070913 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MINNEAPOLIS MEETING ROOMS, INC. CONDITIONAL USE PERMIT On July 25, 2013, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Minneapolis Meeting Rooms, Inc. for a conditional use permit to allow: 1) a religious institution in the RS -2, Single Family Residential District and, 2) an exception from the exterior building material requirements for institutional uses on property located at 9880 -192nd 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. FINDINGS OF FACT 1. The property is zoned RS -2, Single Family Residential District. 2. The property is located in Planning District No. 5 of the 2008 Comprehensive Plan, which guides the property for residential uses. Religious institutions (churches) are allowed by conditional use permit in residential zoning districts. 3. The legal description of the property is as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 114, Range 20 commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence west along the north line of said Southwest Quarter South 03 degrees 07 minutes 40 seconds East 450.67 feet; thence South 89 degrees 12 minutes 08 seconds West 297.18 feet; thence North 00 degrees 10 minutes 53 seconds West 450 feet to the point on north line of said Southwest Quarter of the Northeast Quarter; thence east on said north line 274.67 feet to the point of beginning. 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 proposed church use and existing exterior building materials are consistent with the RS -2, Single Family Residential zoning and residential guided use of the property and are consistent with the residential character of the neighborhood. b. The proposed use is or will be compatible with present and future land uses of the area. Provided compliance with the stipulations of the conditional use permit, the church use and existing exterior building materials will be compatible with existing and future residential uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Provided compliance with the stipulations of the conditional use permit, the church re -use of on existing single family home 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 within the existing MUSA. The property is served with city sanitary sewer and city water. The church facility will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The Minneapolis Meeting Rooms church facility will not overburden the streets serving the property. S. The planning report, dated July 19, 2013, prepared by Associate Planner Frank Dempsey is incorporated herein. 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MINNEAPOLIS MEETING ROOMS, INC. VARIANCE On July 25, 2013, the Lakeville Planning Commission met at it's regularly scheduled meeting to consider the application of Minneapolis Meeting Rooms, Inc. for a variance to allow a side yard setback less than 30 feet for a religious institution in the RS -2 District located at 9880 - 192nd Street. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT The property is zoned RS -2, Single Family Residential District. 2. The property is located in Planning District No. 5 of the 2008 Comprehensive Plan, which guides the property for residential uses. Religious institutions (churches) are allowed by conditional use permit in residential zoning districts. 3. The legal description of the property is: That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 114, Range 20 commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence west along the north line of said Southwest Quarter South 03 degrees 07 minutes 40 seconds East 450.67 feet; thence South 89 degrees 12 minutes 08 seconds West 297.18 feet; thence North 00 degrees 10 minutes 53 seconds West 450 feet to the point on north line of said Southwest Quarter of the Northeast Quarter; thence east on said north line 274.67 feet to the point of beginning. 4. The Zoning Ordinance requires that consideration of a variance provide evidence that certain criteria have been met. The criteria and our findings regarding them are: a) That the variance would be consistent with the comprehensive plan. The Comprehensive Plan designates the subject property as low density residential. The use of the property for religious institutional purposes is allowed in low density residential zoned properties by conditional use permit. b) That the variance would be in harmony with the general purposes and intent of this Title. The setback variance of approximately three feet would allow the existing side yard setback of the garage to remain. The side yard setback is compliant for a single family home use. An institutional use requires double the required setback of 15 feet in the RS -2 District for a total of 30 feet. The existing building will remain in harmony with the general purposes and intent of the Zoning Ordinance. c) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The house was constructed in 1970 in compliance with setback requirements including a side yard setback of 27 feet to the west property line. The minimum side yard setback for an institutional use building is double that required for the zoning district. The setback of the garage is not a result of action by the church. d) That the purpose of the variance is not exclusively economic considerations. The church proposes to keep the existing attached garage intact. No expansion of the existing building or an increase in the non -conforming setback is proposed. The purpose of the variance was not caused by the church and is not being requested exclusively for economic considerations. e) That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Approval of the setback variance will not alter the essential character or be injurious to the neighborhood in which the parcel of land is located. f) That the requested variance is the minimum action required to eliminate the practical difficulty. No expansion, alteration or increase in non -conformity of the existing building is proposed. g) Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person's land is located. The proposed religious institution use of the property is allowed in the RS -2, Single Family Residential District subject to the approval of a conditional use permit. 5. The planning report dated July 19, 2013 and prepared by Associate Planner, Frank Dempsey is incorporated herein. VA