Loading...
HomeMy WebLinkAboutItem 06.vt eville December 11, 2013 Item No. ROBERT AND DONITA HELMAN CONDITIONAL USE PERMIT DECEMBER 16, 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 December 16, 2013. Adoption of this motion will allow two detached accessory buildings and a total accessory building area greater than 1,100 square feet on property located at 10747 202 Street. Overview Robert and Donita Heiman are requesting approval of a conditional use permit to allow more than one detached accessory building and a total accessory building area greater than 1,100 square feet in the RS -3, Single Family Residential District and Shoreland Overlay District of Lake Marion located at 10747 202 Street. The total accessory structure /garage space would be 1,614 square feet. The applicants have requested the CUP to allow them to continue using the existing detached garage as storage space for yard equipment and as a workshop. The Planning Commission held a public hearing on December 5, 2013 to consider the conditional use permit request. The Planning Commission recommended unanimous approval of the conditional use permit subject to the four stipulations listed in the November 26, 2013 planning report. Two neighbors spoke in support of the conditional use permit. Primary Issues to Consider What will happen to the existing structures if the CUP is not approved? o The applicants would need to reduce the number of accessory structures to one and the total square footage allowed would be 1,100 square feet. Based on the size of the attached garage of the home under construction, the applicants would be allowed one additional detached structure no greater than 396 square feet in size. Supporting Information • Conditional Use Permit form • Findings of fact • December 5, 2013 Planning Commission meeting minutes. • November 26, 2013 planning report, revised December 11, 2013. Kkt� X Rwy-�-J Kris Jenson, ociate Planner Financial Impact: $ None Budgeted: Y/N N/A Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 13- Permit Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit to: Robert and Donita Heiman to allow two detached accessory buildings and a total accessory building area greater than 1,100 square feet in the RS -3, Single Family Residential District and Shoreland Overlay District of Lake Marion located at 10747 202 Street. Property The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 11, Block 2, Sullivan's First Addition to Marion Heights Conditions This conditional use permit is issued subject to the following conditions: 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. it 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. 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: December 16, 2013 CITY OF LAKEVILLE II-B Matt Little, Mayor M Charlene Friedges, City Clerk STATE OF MINNESOTA) COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 16"' day of December 2013, by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public (SEAL) DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, NIN 55044 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 202 Street. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant's representative 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 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. DATED: December 16, 2013 CITY OF LAKEVILLE M Matt Little, Mayor Charlene Friedges, City Clerk 2 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES December 5, 2013 Nair 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. Membe Present: Jason Swenson, Linda Maguire, Vice Chair Bob Boerschel, Chair Brooks Lill ei\r'aul Gerry Grenz Joe Blee, and Ex- officio Shawn Fit -henry Members Avers, Karl Drotning Others Preey, Planning Director; Frank Dempsey, Associate Planner; Kris Jensonner; Mark Hansen, .Assistant City��Erigineer; and Penny Brevig, Rec = _ 3. Approval of the Meeting Mutes The November 21, 2013 PlanninZj.,Com presented. 4. Announcements inutes were approved as Mr. Morey stated that :tt e.following was halide ou# at:tonight's meeting: 1. Amended first: page of tfae. Helmah-CUP Fin gs of Fact indicating that the apptieant JWicant's representative was present.... Mr. Morey-stated the:Decem�bei'19.;:Plaranng Commission eeting will be cancelled due tolacl:i�fagenda hers. Mr '' - Morey stated-that the `. anuary Planning Commission meets dates will be moved from January 2`':d and to January 9 and 23 in order to c ' cide with the Park `` '_ ecreation and - Natural Resource Committee and the City C it meeting dates. 'Me.Morey had esked Commission members to let Ms. Brevig kno if these dates would-hot work fo'r them. AAr KA­­_Im++ 5. Robert Heiman Chair Lillehei opened the public hearing to consider the application of Robert Helman for a Conditional Use Permit to allow more than one detached accessory building and a total accessory building area greater than 1,100 square feet in the RS -3, Single Family Residential District, located at 10747 — 202 Street. Planning Commission Meeting Minutes, December 5, 2013 Page 2 Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the applicants have requested a conditional use permit to allow for more than one accessory structure and an increase in the amount of accessory building area on their property. She indicated that a new house is currently under construction and is replacing the property's original house which was constructed in 1885. There is also a detached garage and a well house. Ms. Jenson explained that the existing double garage door will be removed and replaced by a walk -in door. In addition, the Helmans are proposing to remove 420 square feet of driveway to bring the impervious surface area.to 14 %. She indicated that the well house is a legal non - conforming structure: =arid the existing detached garage meets setback requirements. _ Ms. Jenson reviewed the criteria in the Zoning`= Ordinance ; th :at pertains to this conditional use permit, which are also listed:;an: the November::26, 2013 planning report. Ms. Jenson indicated that she was contacfed by a neighbor who expressed support for the Heiman's CUP request. Ms. Jenson stated that Plannin Apartment 'staff recommends approval of the conditional use permit subject to_, #fie listed in the November 26, 2013 planning report. The amended Fihding§'bf'Fact were distributed at tonight's meeting for review. Chair Lillehei opened - the hearing to tlie`putilic for comment. Cindy Alexande ' 10725 202=.2 treet and aanelle Stroh, 10708 202" Street Ms. Alexander and M;§,,: Stroh j &6e , eighb of the Helman's and wanted to express their su #port >f&.the Helm an CUP request. R&6rt Heiman's coristructior ::.project manager Matt Simones was in attendance at tonight's meeting and;pesented - an overview of his client's request. Motion '''Was made bj ,Boerschel, seconded by Maguire to close the public hearing A� p.m ;� , ;,s :,. Ayes: Swenson,;11 Boerschel, Lillehei, Blee, Grenz Nays: 0 ;_;v ,v Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Maguire asked Ms. Jenson to explain the amended Findings of Fact. Ms. Jenson pointed out that because the applicant could not be present at tonight's meeting and he was having his project manager come in his place, the Findings of Fact were amended to read "applicant's representative," rather than "applicant." Planning Commission Meeting Minutes, December 5, 2013 Page 3 Motion was made by Maguire, seconded by Blee to recommend to City Council approval of the Helman Conditional Use Permit to allow more than one detached accessory building and a total accessory building area greater than 1,100 square feet in the RS -3, Single Family Residential District, located at 10747 — 202 Street, subject to the following 4 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 not present a hazard to public health, safety and general welfare. 3. The detached accessory building shall have the double:averhead garage door removed and replaced by a window and walk =in door consistent with the house under construction as shown on the buildlrng`elevation and flo ©plans. A building permit is required for this work. 4. That the impervious surface area of the existina, "driveway be reduced to be consistent with the certificate of survey::. =,august 5, 2013 and revised November 5, 2013. = Ayes: Maguire, Boerschel, Lillehei - -$1ee, Grenz, Swenson Nays: 0 >; a Chair ehei ; opened the public hearing to consider the application of Dakota Electric As elation for an Interim Use Permit (IUP) to allow an accessory antenna greater than ` eet hejght'ir. he. C- 3:feneral Commercial District, located at 20685 Kenrick Ave Craig- Knudsen � from Da Electric Association presented an overview of their request. Mr. Knudsen state ,,, that in the future DEA is planning for fiber optics whereby this antenna - 'Would ulti tely become a backup for their communication system ; -: % Associate - Planner Kris; = Jenson presented th lanning report. Ms. Jenson stated that Dakota 'Electrid: Association is requesting roval to replace an accessory antenna and support tower that would be constructe o a height of 80 feet, which is 30 feet greater than allowed by the Zoning Ordinance 'thout the approval of an IUP. Ms. Jenson stated that the proposed accessory antenna will replac he existing 55 foot tower and be placed in the same location. She indicated tha a 80 foot antenna height is the minimum height necessary to maintain a clear line o ight to the DEA headquarters in Farmington. The applicant's narrative states tha he substation communicates with the DEA headquarters via radio, which should have City of Lakeville Planning Department Lakeville To: Planning Commission From: Kris Jenson, Associate Planner Date: November 26, 2013, revised December 11, 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 " 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 more than one detached accessory building and for an increase in the amount of total accessory building area. Section 11 -18 -9D of the Zoning 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. Sectionll -18 -7A of the Zoning Ordinance allows more than one detached accessory building by CUP for single family residential uses. 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 - 202 " 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. 2 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 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 Helman 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 Helman 3 Vv" 1 o Lakev ,'"�"i � ^ moo �mm �T s -C N• Z zc Wz E 0 0 = m 0. i � 0 Q s �•m 0 Co 10 0 J Z Dr - n ■ x w r rn n rn rn 0 z N N rn � Z � 1JZD Z D r o•0Z �Z,'x o -n II o x 0 � �n �F rn 0 IC /� / 0 J O)x I m c F S 9 8� /o� ° tir o 1 0 k x R ��� CD �� JJ �` J 9 8e /T� X VV VV � wJ /0 983 w 1 6� 0 Oz 1 w Q A x /NF rn _j x • 1 0 C9 • _ wO o0 0 0 O N �v o 1 x � N N 0 • O L 0 rn X 0 0 0 0 _ O N m O rn X X0 O x .t. l. OX O V O I _- o x 0 �� I o N �� rn 7 rn r n Q p in X 1 O rn C) Z 8 • O• 7 ` rn x X J O o ' (F, N 0 O O I O O O l = � Al O O 0 NX _ ° b � O O J o �o G) o N Jx o m rn 0�X X X OU! X o _ - '� _ � j* o t O s ��m o N 0 ro V 7 1 p 0 O O X J 711 0 � .D • (D ��� p) �O N O e X y1 •�1 0 5. 1 1 n 110 ov'z O Z z m U) 0 D n r 0 G Z CO ?� O n N 0 0 Z O D z r CD U) D -0 o` C- -U CQ M v o o x 22 o 0 rn p D az� c M = m U) - ° — D O O O z p ;u n Z v m N o �� j v >� >rri 0 0 v oa m � W O Z - O v m N rn 0 O 0 I (n O w D �� ;u N .. -n � � u x Ln C350d o O 0 Z r � Z IM_ ::�,- O0 N N N ON N U1 - OD (jl o ova .� v o o x 22 o 0 II II II Co O z Z m m °z z az� c M = m U) - ° — D O O O Z rn >m D O= m - r� m�mm o m o m ic Z v m N o �� j v >� >rri 0C) "D m CD D:U x v oa m � W O Z - O v m N n �CnW N ( v L4 ND O D Z -� m --i 0 0 co cn U) M r ° m I (n O w D �� < m O o m < > -n � � u x Ln C350d o • o ^ Z r � Z O Z n Z z Lo O J N z m v 7 D 8 O �L9'9 Llgl �i �O m NORTIi LINE OF OUTLOT C 101.87 0 m M 0 m O m Y. C M m Z rn C) 0 x 0 n 0 c O -1 x D z rn 0 n O c O n N o O N (�D -t� N w X rn 5z zti r_ �� 0 50 1 29S z�� � o I o - c -- - g N gSnO x o oo'£ � o �o 1J W � � u x Ln C350d o • o ^ z Lo O J N 00 N V N rn i� O �L9'9 Llgl �i �O ° LA x 1 b l NO�Od • z _ _W o X N r - o ;9� X o o o O O oo ° w v 81 _ 9 y x O S zz cfl 0 CT N (T a 00 0 00 w C ^ r rr C C O O rn 0 I r rn r �ig N O w N v■ N - 0� A O P o N :U 3 -, — ; ;u N N 24.2 w C =r 0 CD m m T) N w N s� _ w CO - 0 5. .• m m m x w D 7 w (202N TREET) o v N N 0 m C •c O C7 70 P A rn Ul r�i• 0 co N 'Z1 w rn Z X N Ll \ CL Ln w rn W v S r+ a h 7 w 1 2.50 4.2 - ( m S m� 0 O X J J O D o .+ C S 00 (n m x m U) iw w • w N u� N () - o 0 o w o CA <Ow 0 •zO w O w ➢ O \ N G O O N n G w v w g D n o •w o L� \CC, �N N a ? v G7 = m 0 w O U w �� co\ m a D m m a m Z to om - o X �D > (� o w o y � N x to Q to CD m O - n w y NN O / 00 0) 0 G > m N W° N N O 7 O NORTIi LINE OF OUTLOT C 101.87 0 m M 0 m O m Y. C M m Z rn C) 0 x 0 n 0 c O -1 x D z rn 0 n O c O n N o O N (�D -t� N w ® ® ®® �l n OX � O m l z A 11 m O < _ D O Z y d w m 24'-0" mm 0 0 < m m X 02 co z m m 0 X o-4 00 0 20 0 0 m z m X 03 m m m z 0 0 0 o R7= m 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