Loading...
HomeMy WebLinkAboutItem 06.i (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to Linda Hegna to allow a variance for the setback between a single family home and a detached accessory building located at 7440-165th Street. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 10, Block 3, DONNAYS COLLEGE PARK 3. Conditions. The variance is issued subject to the following conditions: a) The house addition shall be constructed in accordance with the floor plan approved with the variance. b) The setback of the house addition and deck to the accessory building shall be at least 8.5 feet as shown on the floor plan approved with the variance. 4. Lapse. If within one year from the issuance of this permit the variance has not been completed or the use commenced, this permit shall lapse. Dated: June 2, 2014 1 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 22nd day of June, 2014 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HEGNA VARIANCE On May 22, 2014 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Linda Hegna for a variance for the setback between a single family home and a detached accessory building located at 7440 – 165th 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. The City Council adopts the following: FINDINGS OF FACT 1. The property is zoned RS-3, Single Family Residential District. 2. The property is located in Planning District No. 3 and is classified as Low Density Residential in the Comprehensive Plan consistent with the current use of the property. 3. The legal description of the property is: Lot 10, Block 3, DONNAYS COLLEGE PARK, Dakota County, Minnesota 4. Section 11-6-5 of the Zoning Ordinance concerning variance criteria requires that certain criteria be met in consideration of a variance request. The criteria and our findings regarding them are: A. That the variance would be consistent with the comprehensive plan. The use of the property as a single family home is consistent with the low density residential land use designation of the Comprehensive Plan. B. That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. While the Zoning Ordinance requires a 10 foot setback between the house and the detached garage, the building code requires a six foot separation without the construction of fire walls. The Zoning Ordinance also allows a six foot separation between a detached accessory building less than 120 square feet in area and the house. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The house and garage are presumed to have been constructed under the ordinance regulations in place at that time. D. That the purpose of the variance is not exclusively economic considerations. The variance is not exclusively requested due to economic considerations but also a practical difficulty of bringing the design of the house addition and/or the existing accessory building into compliance with the current 10 foot setback requirement while maintaining the feasibility of the proposed improvements. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The setback of the house to the detached garage of less than 10 feet is consistent with other homes in the area. The new addition will meet the minimum setback requirement for building code purposes while not special fire-wall construction. The proposed variance to allow an 8’6” setback would not be perceptibly noticeable to any adjacent property and would remain in harmony with the surrounding neighborhood and with the general purpose and intent of the Zoning Ordinance. F. That the requested variance is the minimum action required to eliminate the practical difficulty. Due to the proximity of the home’s load-bearing wall and due to the practical difficulty of reconstructing said wall and relocating kitchen plumbing and fixtures, the design proposes a minimum variance to eliminate the practical difficulty. 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 single family use and detached accessory buildings are permitted uses of the property. 5. The planning report dated May 16, 2014 and prepared by Associate Planner, Frank Dempsey is incorporated herein. 2 DATED: June 2, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 3 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 22 , 2014 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Linda Maguire, Vice Chair Bob Boerschel, Chair Brooks Lillehei, Jason Swenson, Karl Drotning, Ex-officio member Nic Stevens Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Monica Heil, WSB Engineering; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 24, 2014 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following was handed out at tonight’s meeting: A. Draft minutes of the May 21, 2014 Parks, Recreation and Natural Resources Committee meeting regarding the Dodd Crossing and Cedar Landing preliminary plats. B. E-mail from a neighbor of the proposed Cedar Landing preliminary plat. C. E-mail from a resident regarding the proposed Dodd Crossing preliminary plat. 5. Linda Hegna Chair Lillehei opened the public hearing to consider a request for a variance from the 10 foot setback requirement between a single family home and a detached accessory building to allow an expansion to the existing home in the RS-3, Single Family Residential District located at 7440 – 165th Street. Jim Koestering, contractor for Linda Hegna, presented a brief overview of Ms. Hegna’s request. Mr. Koestering stated that they explored other options for the proposed house addition, but none of them were viable. He felt that the neighborhood would not be affected if this variance is granted. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Ms. Hegna has submitted an application for a building setback variance to allow the construction of an addition onto the rear of her existing house. He Planning Commission Meeting Minutes, May 22, 2014 Page 2 indicated that the addition will include a remodeled and enlarged kitchen and living area, plus reconstruction of the deck. Mr. Dempsey stated that the Zoning Ordinance requires a 10 foot or more separation between the detached garage and the house. There is currently a 5’8” separation between the house and detached garage. The Hegna house and non- conforming garage setback appears to be consistent with many of the houses in the neighborhood constructed in the mid 1960’s. Mr. Dempsey stated that staff suggested the homeowner, with the advice of their builder, explore possible options to eliminate the need for the variance. He indicated that the homeowner and her builder explored four options that would avoid a variance and which are described in the May 16, 2014 planning report. The homeowner chose not to go with these any of these four options due to specific practical difficulties. Mr. Dempsey discussed the variance review criteria, which are listed in the May 16, 2014 planning report. He stated staff finds that this variance request meets the criteria listed in Section 11-6-5 of the Zoning Ordinance and recommends approval subject to the 2 stipulations listed in the May 16, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Boerschel, seconded by Drotning to close the public hearing at 6:10 p.m. Ayes: Maguire, Boerschel, Lillehei, Swenson, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. The Planning Commission agreed that this variance request does meet the Zoning Ordinance criteria regarding practical difficulties. Motion was made by Maguire, seconded by Swenson to recommend to City Council approval of the Hegna variance from the 10 foot setback requirement between a single family home and a detached accessory building to allow an expansion to the existing home, subject to the following stipulations: 1. The house addition shall be constructed in accordance with the floor plan approved with the variance. 2. The setback of the house addition and deck to the accessory building shall be at least 8.5 feet as shown on the floor plan approved with the variance. Ayes: Boerschel, Lillehei, Swenson, Drotning, Maguire. Nays: 0 Planning Commission Meeting Minutes, May 22, 2014 Page 3 Mr. Koestering asked if reinstalling Ms. Hegna’s deck after the addition is complete would be an issue. Mr. Dempsey stated that as long as the deck is 30 inches or less above grade, it will not be subject to 10 foot setback requirement between the house and detached garage. If the deck is greater than 30 inches in height, an 8.5 foot setback would be required, provided the variance request is approved by the City Council. City of Lakeville Planning Department 2 3 4 2 3