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HomeMy WebLinkAboutItem 08 City of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: November 13, 2014 Subject: Packet Material for the November 20, 2014 Planning Commission Meeting Agenda Item: Kermes Conditional Use Permit and Variance, 19115 Orchard Trail Application Action Deadline: December 23, 2014 BACKGROUND SUMMARY Darren Kermes has applied for a conditional use permit and variance to allow an addition to the house located at 19115 Orchard Trail. Mr. Kermes currently resides in a house located at 19139 Orchard Trail and recently purchased this house and property. The house is a 1,400 square foot walk-out rambler with a total finished floor area of 2,163 square feet including a small two car garage. A conditional use permit is required since the non-conforming house is being expanded and portion of the house does not meet setback requirements to the Lake Marion Ordinary High Water Level (OHWL). A variance is required a portion of the proposed addition would not meet the setback requirement from the OHWL. The plans include the construction of a 192 square foot main floor laundry room, guest bathroom and closet space. The new garage would be constructed on the north side of the expanded living area. EXHIBITS A. Zoning/Location Map B. Aerial Photo C. Surveys (Existing and Proposed Addition - 2 Pages) D. Building Elevation Plan (2 Pages) E. Applicant Narrative PLANNING ANALYSIS The existing house was constructed in 1960, is one of the original houses in the neighborhood and is the parent parcel for some of the other houses along Orchard Trail. The long narrow portion of the lot fronting Orchard Trail was created when the lot to the west was subdivided from this parcel at a time when City approval was not required for a single lot subdivision. Most of the older houses in the neighborhood were constructed between 1969 and 1984. The house was constructed prior to the current 75 foot setback requirement to the Ordinary High Water Level (OHWL). The house meets all other setback requirements to the sides (minimum 10 feet) and the front (minimum 30 feet). The lot area is 20,721 square feet which meets the minimum required lot area of 20,000 square feet for a lot abutting the lake. Mr. Kermes explored the option of removing the house and rebuilding in compliance with the current Zoning Ordinance requirements, however, the shape of the buildable area and the narrow north portion of the lot significantly restricts the amount of available buildable area. The plan is to renovate the interior of the house by installing an interior beam to allow the removal of an interior wall in the kitchen and living room area and to construct a 192 square foot guest restroom, laundry and closet storage addition on the north side of the house. To the north of that living area addition would be a 24x24 foot two stall garage addition. The existing garage is a very narrow two stalls that had been further narrowed many years ago when part of the garage was remodeled to be included in the living area of the house. The total attached garage area will be 999 square feet. Existing Non-Conforming Conditions. The survey submitted with the conditional use permit and variance applications indicates the following non-conforming conditions: 1. The lot does not meet the lot width at the front setback (north) lot line 2. The house and deck do not meet the 75 foot setback to the OHWL 3. The driveway crosses the west property line and does not meet the five foot setback to that line 4. A water well is located on the property and the house is served with City water 2 The driveway encroachment was identified in 1998 with the survey of the house to the west when the new house was constructed. Past practice for a conditional use permit or variance within the Shoreland Overlay District has required that identified non-conformities be brought into compliance where possible or the non-conformity is reduced or minimized as a stipulation of approval. Staff recommends that the applicant seal the well and remove the driveway encroachment over the west property line as a means of reducing the nonconformities on the property. Staff’s review of the conditional use permit concludes that the application meets the above criteria. CONDITIONAL USE PERMIT Approximately one-third, or 16%, of the proposed living area and garage addition will be constructed within the 75 foot setback area of the lake. This 16% is the focus of the variance which is discussed further in the planning report. The remaining 84% would meet building setback requirements. The existing garage is 447 square feet in area (interior dimensions). The proposed new garage is 552 square feet in area (interior dimensions) for a total area of 999 square feet. The total is within the maximum 1,000 square foot attached garage area allowed by the Zoning Ordinance. The applicant proposes to re-side the house and new garage with matching siding. The deck is failing structurally and will have to be reconstructed. The deck may be reconstructed in its current location and configuration. The survey identifies a proposed impervious surface area of 23.1% upon completion of the improvements. Findings of fact for the conditional use permit are attached. VARIANCE ANALYSIS Section 11-102-23 of the Shoreland Overlay District requires that a variance address and meet six criteria. No variance shall be granted where it is determined that the variance will have a tendency to: A. Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the watershed districts in conjunction with sound floodplain management. The proposed improvements will not result in the placement of an artificial obstruction that would restrict the passage of storm and flood water or increase the height of flooding. The total impervious surface area of the property will be less than 25% in 3 compliance with Zoning Ordinance requirements. B. Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. The proposed addition is consistent with other single family homes in the vicinity constructed prior to adoption of the current Zoning Ordinance requirements. The addition will not be detrimental to the protection of surface and groundwater supplies. C. Be not in keeping with land use plans and planning objectives for the city or which will increase or cause damage to life or property. The proposed addition is away from the OWHL and is consistent with the land use plan and planning objectives for the City. The proposed addition will not be increase or cause damage to life or property. D. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural landforms, vegetation and the marshes and wetlands within the city. The proposed addition will be constructed partially over existing impervious surface area, will require no significant grading or removal of vegetation and will not impact marshes or wetlands within the City. E. No permit or variance shall be issued unless the applicant has submitted a shoreland impact plan as required and set forth in this chapter. In granting any variance, the council may attach such conditions as they deem necessary to ensure compliance with the purpose and intent of this chapter. The minimal impact of the proposed improvements will not require significant erosion control measures. All disturbed soils will be restored and established with groundcover immediately after work in that area is completed. F. The criteria established by section 11-6-5 of this title are met. The criteria for consideration of a variance is addressed later in this report. 4 VARIANCE REVIEW CRITERIA Section 11-6-5 of the Zoning Ordinance states that the board of adjustment (City Council) shall not approve any variance request (major or minor) unless they find 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 the Zoning Ordinance. Economic conditions alone do not constitute practical difficulties. The following criteria must also be met: 1. 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. 2. That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. Part of the proposed addition will be within the 75 foot setback to the Lake Marion OHWL. The addition would be in the direction north and away from the OHWL so as not to increase the nonconformity toward the lake shore. 3. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The existing house design and limited garage space designed into the 54 year old house are circumstances presumed to have been constructed under the ordinance regulations in place at that time. 4. That the purpose of the variance is not exclusively economic considerations. The construction of a new garage will allow the applicant to also design additional living area into the house in the form of a laundry, restroom and closet area. By keeping the garage attached to the house, the overall site impact is reduced. 5. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The character of the lot is a peninsula of sorts forward of the two adjacent single family homes. The addition will be away from the lake shore and will not negatively impact the adjacent properties. 5 6. That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed addition is a minimal encroachment into the 75 foot setback to the OHWL. The living area addition could technically have been constructed with a significant jog to the east between the existing house and the addition with the garage addition attached north of the living area addition, but the design to accommodate the compliant setback would have been counterproductive to practical architectural design. 7. 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 house is a permitted use in the RS-3 District and Shoreland Overlay District. Staff’s review of the Kermes variance concludes that the application meets the above criteria. Findings of fact for approval of the variance request are attached for your consideration. Department of Natural Resources (DNR). The DNR was notified of the proposed conditional use permit and variance. No comments were received from the DNR. RECOMMENDATION Planning Department staff recommends approval of the Kermes conditional use permit and variance subject to the following stipulations: 1. The improvements shall be constructed in accordance with the site plan approved with the conditional use permit and variance. 2. The exterior building materials and roof for the addition and the existing house shall match. 3. The water well shall be sealed prior to the issuance of a certificate of occupancy for the building addition. A $3,000 security shall be submitted prior to issuance of a building permit to guarantee compliance with this stipulation. 4. The driveway encroachment over the west property line shall be removed. A $1,000 security shall be submitted prior to issuance of a building permit to guarantee compliance with this stipulation. 6 5. Any additional pavement included in the revised driveway and site construction due to site modifications shall be included on a revised survey prior to City Council consideration of the conditional use permit and variance. 6. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 7 EXHIBIT B ORCHAR D TRAIL LAKE MARION EXHIBIT C ORCHAR D TRAIL LAKE MARION EXHIBIT E