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HomeMy WebLinkAboutItem 06.l November 26, 2014 Item No. ______ DARREN KERMES CONDITIONAL USE PERMIT AND VARIANCE DECEMBER 1, 2014 CITY COUNCIL MEETING Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the conditional use permit and variance and adopt the findings of fact. Adoption of this motion will allow the construction of an addition to a single family home located at 19115 Orchard Trail. Overview Darren Kermes has applied for a conditional use permit and variance to allow an addition to the existing house located at 19115 Orchard Trail. The house is a 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 existing house does not meet setback requirements to the Lake Marion Ordinary High Water Level (OHWL). A variance is required because a portion of the proposed addition does not meet the setback requirement from the OHWL. The Planning Commission held a public hearing on November 20, 2014 to consider the conditional use permit and variance requests. The Planning Commission recommended unanimous approval subject to the six stipulations listed in the November 13, 2014 planning report. There was no public comment. Primary Issues to Consider Is the request consistent and in keeping with other single family residential homes in the area? The proposed addition is significantly (84%) compliant with the OHWL setback. The addition is also proposed to be constructed in the direction away from the lake. The proposed request is consistent and compatible with other properties in the vicinity. Supporting Information • Conditional use permit and variance forms • Findings of fact for the conditional use permit and variance • Revised Certificate of Survey dated November 25, 2014 • November 20, 2014 draft Planning Commission meeting minutes • November 13, 2014 planning report _______________________________________ Frank Dempsey, AICP, Associate 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. 14-___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit to: Darren Kermes to allow the expansion of a legal non-conforming single family home in in the RS-3, Single Family Residential District and Shoreland Overlay District of Lake Marion located at 19115 Orchard Trail. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: That part of Government Lot 3, of Section 24, Township 114, Range 21, Dakota County, Minnesota, lying west of the west line of Lot 1, Block 3, BASSETT'S SECOND ADDITION, and south of the southerly right-of-way line of Orchard Trail and east of a line described as follows: Commencing at the most easterly corner of Lot 6, Block 2, BASSETT'S FIRST ADDITION; thence southeasterly along the extension of the northeast line of said Lot 6, a distance of 66.5 feet; thence easterly along a curve, a distance of 15.68 feet to the beginning of said line; thence South 19 degrees 07 minutes West to the shore of the lake. 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The improvements shall be constructed in accordance with the site plan approved with the conditional use permit and variance. b) The exterior building materials and roof for the addition and the existing house shall match. 1 c) 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. d) 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. e) All disturbed soils shall be restored and established with ground cover immediately after work in that area is completed. 4. Termination of Permit. The City may revoke this conditional use permit following a public hearing for violation of the terms of this permit. 5. 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. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. DATED: December 1, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 2 STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 1st day of December 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 and pursuant to authority granted by its City Council. _______________________ Notary Public (SEAL) DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO.______ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to Darren Kermes to allow an addition to the single family home located at 19115 Orchard Trail. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: That part of Government Lot 3, of Section 24, Township 114, Range 21, Dakota County, Minnesota, lying west of the west line of Lot 1, Block 3, BASSETT'S SECOND ADDITION, and south of the southerly right-of-way line of Orchard Trail and east of a line described as follows: Commencing at the most easterly corner of Lot 6, Block 2, BASSETT'S FIRST ADDITION; thence southeasterly along the extension of the northeast line of said Lot 6, a distance of 66.5 feet; thence easterly along a curve, a distance of 15.68 feet to the beginning of said line; thence South 19 degrees 07 minutes West to the shore of the lake. 3. Conditions. The variance is issued subject to the following conditions: a) The improvements shall be constructed in accordance with the site plan approved with the conditional use permit and variance. b) The exterior building materials and roof for the addition and the existing house shall match. c) 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. 1 d) 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. e) All disturbed soils shall be restored and established with ground cover immediately after work in that area is completed. 4. Lapse. If within one year from the issuance of this variance the house addition has not been completed or the use commenced, this permit shall lapse. Dated: December 1, 2014 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 1st day of December 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 KERMES CONDITIONAL USE PERMIT On November 20, 2014 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit request by Darren Kermes to allow an expansion of an existing legal non-conforming single family home in the RS-3, Single Family Residential District and Shoreland Overlay District of Lake Marion located at 19115 Orchard Trail. 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. The City Council hereby adopts the following: FINDINGS OF FACT 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: That part of Government Lot 3, of Section 24, Township 114, Range 21, Dakota County, Minnesota, lying west of the west line of Lot 1, Block 3, BASSETT'S SECOND ADDITION, and south of the southerly right-of-way line of Orchard Trail and east of a line described as follows: Commencing at the most easterly corner of Lot 6, Block 2, BASSETT'S FIRST ADDITION; thence southeasterly along the extension of the northeast line of said Lot 6, a distance of 66.5 feet; thence easterly along a curve, a distance of 15.68 feet to the beginning of said line; thence South 19 degrees 07 minutes West to the shore of the lake. 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. 1 The expansion will be located away from the lakeshore and will not further encroach into the non-conforming setback to the OHWL. The setback of the proposed addition will not be out of character with the existing single family neighborhood and will be consistent with the goals and objectives of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. The proposed addition will be compatible with the single family homes located on the two adjacent lots and within the neighborhood. Provided compliance with the conditional use permit, the proposed addition will be compatible with existing 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 addition will conform to all performance standards contained in the Zoning Ordinance and the City Code, except as allowed by this conditional use permit. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The property is served with City sanitary sewer and water. The proposed addition 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 proposed addition will not overburden the streets serving the property. 5. The planning report, dated November 13, 2014 and prepared by Associate Planner Frank Dempsey, is incorporated herein. DATED: December 1, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA KERMES VARIANCE On November 20, 2014 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Darren Kermes for a variance to the setback of a single family home from the Ordinary High Water Level (OHWL) of Lake Marion located at 19115 Orchard Trail. 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 hereby adopts the following: FINDINGS OF FACT 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: That part of Government Lot 3, of Section 24, Township 114, Range 21, Dakota County, Minnesota, lying west of the west line of Lot 1, Block 3, BASSETT'S SECOND ADDITION, and south of the southerly right-of-way line of Orchard Trail and east of a line described as follows: Commencing at the most easterly corner of Lot 6, Block 2, BASSETT'S FIRST ADDITION; thence southeasterly along the extension of the northeast line of said Lot 6, a distance of 66.5 feet; thence easterly along a curve, a distance of 15.68 feet to the beginning of said line; thence South 19 degrees 07 minutes West to the shore of the lake. 4. Section 11-6-5 of the Zoning Ordinance 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. 1 B. 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 C. 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. D. 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. 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 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. F. 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. 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 home is a permitted use in the RS-3 District and Shoreland Overlay District. 5. The planning report dated November 13, 2014 and prepared by Associate Planner, Frank Dempsey is incorporated herein. 2 DATED: December 1, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 3 ORCHAR D TRAIL LAKE MARION 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