HomeMy WebLinkAboutItem -0505M o. 5a._.
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Kris Jenson, Associate Planne
Date: November 26, 2013
Subject: Packet Material for the December 5, 2013 Planning Commission Meeting
Agenda Item: Heiman Conditional Use Permit
Application Action Deadline: January 13, 2014
INTRODUCTION
Robert and Donita Heiman, owners of property located at 10747 202"d Street, have
submitted an application and plans for a conditional use permit to allow more than one
detached accessory building and total accessory building area greater than 1,100 square
feet in the RS -3, Single Family Residential District. The property is also in the Shoreland
Overlay District of Lake Marion.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Certificate of Survey
D. Building Elevation Plan
E. Building Floor Plan
F. Applicant's Narrative
PLANNING ANALYSIS
The property was platted in 1910 as Sullivan's First Addition to Marion Heights. A new
house is currently under construction and is replacing the property's original house which
was constructed in 1885. Approximately 12 years ago an 830 square foot detached garage
was constructed. The site also includes an 80 square foot well house which dates back to
the late 1800's. The house currently under construction includes a 704 square foot
attached garage.
The applicants have requested a CUP to allow for an increase in the amount of accessory
building area. The ordinance permits up to 1,100 square feet of accessory building/garage
space in the RS -3 District. The total of the three accessory structures/garages on site would
be 1,614 square feet. The lot is 41,688 square feet and the total area of the accessory
structures/garages would be 3.9 % of the total lot area.
The existing detached garage has an eight foot garage door and a 16 foot garage door. The
applicant is proposing to remove the 16 foot garage door and replace it with a six foot
double door and a six foot wide window between the two doors in a style that will match
the house under construction. The applicant is also proposing to remove 420 square feet of
impervious driveway area leading to the detached garage.
The Shoreland Ordinance requires that the impervious surface coverage shall not exceed
25% of the lot area. According to the figures provided on the certificate of survey, this lot
has 15% impervious surface area currently. When the additional 420 square feet of
driveway is removed, the impervious surface area will drop to 14%.
SURROUNDING LAND USES
North - Juno Trail, Lake Marion
South - 202nd Street, Single family homes
East - Single Family Homes
West - Path from 202nd St to Juno Trail, Single Family Homes
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 maintain the existing detached garage as a
workshop and for yard equipment storage. They have also indicated that the milk house
has some historical significance and would be used as a children's playhouse or a
potting shed.
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.
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 storage space.
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.
2
Building Exterior. The building exterior is vinyl lap siding and asphalt shingles and is in
compliance with Zoning Ordinance requirements.
Setbacks. The following minimum building setback requirements pertain to the existing
detached accessory buildings:
Required Setbacks:
Front Yard: 30 feet
OHWL: 75 feet
Side Yards: 10 feet
Detached Garage to other buildings: 10 feet
Well House to other buildings: 6 feet
Existing Setbacks:
Detached Garage:
Well House:
Front Yard:
30 feet
80 feet
OHWL:
286 feet
276 feet
Side Yard:
12.5 feet
5 feet
Other Buildings:
9.2 feet
9.2 feet
The well house is a legal non -conforming structure as it is located five feet from the west
property line. The existing detached garage meets the property setbacks.
RECOMMENDATION
Planning Department staff recommends approval of the Heiman conditional use permit
subject to the following stipulations:
1. No part of the detached accessory buildings 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.
2. The 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.
3. The detached accessory building shall have the double overhead garage door
removed and replaced by a window and walk-in door consistent with the house
under construction as shown on the building elevation and floor plans. A building
permit is required for this work.
4. That the impervious surface area of the existing driveway be reduced to be
consistent with the certificate of survey dated August 5, 2013 and revised
November 5, 2013.
Findings of fact are attached for your review.
cc: Robert and Donita Heiman
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Request for a Conditional Use Permit
for
Property Located at 10747 202nd Street West
November 14, 2013
Description of Request:
We are requesting a conditional use permit to increase the allowable storage area for the above
mentioned property from 1100 square feet to 1500 square feet. This increase would allow us to
retain two existing out buildings located on the property and would be consistent with the storage
allocation granted to many of the other properties in the neighborhood.
The two existing structures are a three bay garage which has been on the property for
approximately 12 years and a cement block milk house. The milk house is the only remaining
structure left from the original farm property which dates back to the late 1800's. We feel the milk
house has some historical significance that we would like to preserve.
The new home currently being built on the property has a 665 square foot attached garage. The
three bay garage is 772 square feet and the milk house is 48 square feet. All measurements are
inside dimensions. This brings the total amount of on-site storage to 1485 square feet.
Modifications to the Existing 3 Bay Garage:
The existing 3 bay garage currently has one 8 foot and one 16 foot garage door on the east facing
side. In order to minimize the amount of asphalt driveway required, the 16 foot garage door will
be replaced with a 6 foot double door and a 6 foot window that will match the style of the home
being built. See the east facing elevation drawing and the plat map for further details.
The Proposed Use of the Out Buildings:
The milk house will be used as a children's play house or a potting shed. The three bay garage
will house one vehicle and provide space for a workshop and yard equipment storage. In the
future it could also be used to store small private watercraft.
Benefits:
Not only will granting the conditional use permit provide us with the same amount of storage that
many other properties already have in our neighborhood.
• It will prevent the destruction of existing buildings and the resultant disposal of the demolition
materials to a landfill.
• It will decrease the amount of impervious asphalt on the property by 420 square feet.
• It will increase the tax base for the property.
EXHIBIT F
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HELMAN CONDITIONAL USE PERMIT
FINDINGS OF FACT
On December 5, 2013 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider a conditional use permit to allow more than one
detached accessory building and total accessory building area greater than 1,100 square
feet in the RS -3, Single Family Residential District located at 10747 202nd 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.
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 11, Block 2, Sullivan's First Addition to Marion Heights
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 buildings are a low density residential accessory use consistent
with the goals and objectives of Planning District No. 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 buildings currently exist. Provided compliance with the
conditional use permit, the detached accessory buildings 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 buildings
will conform to all performance standards contained in the Zoning Ordinance.
d. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
The subject property is within the current MUSA. The property is served with public
sanitary sewer and water. The detached accessory buildings 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 will not overburden the streets serving the property.
S. The planning report, dated November 26, 2013, prepared by Associate Planner Kris
Jenson is incorporated herein.