HomeMy WebLinkAboutItem 06.i January 30, 2015 Item No. ______
GREGORY BERGER CONDITIONAL USE PERMIT AND VARIANCE
FEBRUARY 2, 2015 CITY COUNCIL MEETING
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve the
Berger conditional use permit and variance and adopt the findings of fact dated February 2, 2015.
Adoption of this motion will allow improvements to a legal non-conforming single family home on
Orchard Lake located at 12160 – 168th Street.
Overview
Gregory Berger has applied for a conditional use permit and variance to allow improvements to his
existing single family home. The house is non-conforming to the required 10 foot side yard setback
and the 75 foot Ordinary High Water Level (OHWL) setback to Orchard Lake. The plans propose to
remodel the existing covered screen porch and to replace the porch’s flat roof with a pitched roof to
improve drainage and match the roof pitch of the house. This work requires a conditional use permit
and a variance because part of the remodeled porch does not meet setback requirements to the side
yard and to the Orchard Lake OHWL.
The Planning Commission held a public hearing on January 22, 2015 to consider the conditional
use permit and variance request. The Planning Commission recommended unanimous approval
subject to the three stipulations listed in the January 16, 2015 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
proposal to maintain a matching low pitch on the porch expansion minimizes the variance request. The
design is consistent with other homes in the area and does not increase the non-conforming setbacks to
the side yard or OHWL.
Supporting Information
• Conditional use permit and variance forms
• Findings of fact forms for conditional use permit and variance
• January 22, 2015 draft Planning Commission meeting minutes
• January 16, 2015 planning report
_______________________________________
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N N/A_ Source: __________________________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance_____________________________________________
Community Values: A Home for All Ages and Stages of Life__________________________________________
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 15-___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit to:
Gregory Berger to allow the expansion of a legal non-conforming single family home
in Shoreland Overlay District of Orchard Lake located at 12160 – 168th Street.
2. Property. The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
That part of Government Lot Three (3), Section Two, (2), Township One hundred
fourteen (114), Range Twenty one (21), Dakota County, Minnesota, described as
follows:
Beginning at a point of the intersection of the west line of said Government Lot 3 with
the centerline of the town road which point is 641.2 feet south of the southeast corner
of the Northwest 1/4 of the Southwest 1/4 of said Section 2, thence running South 89°
43' East along said centerline 240 feet, thence running North 89° 02' East along said
centerline 103.18, thence running North 89° 03' East along said centerline 80 feet to the
actual point of beginning of the tract of land to be described. thence running North 88°
41' East along said centerline 80 feet, thence running South 0° 14' West 205.8 feet more
of less to the Northerly shore line of Orchard Lake, thence running Westerly along said
shore line to its intersection with a line bearing South 0° 14' West from the actual point
of beginning, thence running North 0° 14' East along said line 188.5 feet more or less to
the actual point of beginning, subject to the right of way of the town road over the
Northerly 33 feet thereof.
For the purpose of this description the West line of said Government Lot 3 is considered
to be a due north and south line, said above described tract of land being part of the
following described tract, that part of Government Lot Three (3), Section Two, (2),
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Township One hundred fourteen (114) North, Range Twenty one (21) West, lying south
of the south line of the Northwest Quarter of the Southwest Quarter of said Section
Two (2) extended East and lying west of a line drawn parallel with and Four hundred
sixteen and five-tenths (416.5) feet west of the East line of said Government Lot Three
(3) except that part of the East Twenty six (26) feet thereof lying south of the north
Three hundred ninety and seventy-five hundredths (390.75) feet thereof. Subject to
building and zoning laws, restrictions, reservations and easements of record, if any.
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 and building
plans approved with the conditional use permit and variance.
b) The exterior building materials and roof for the addition shall match the house.
c) All disturbed soils shall be restored and established with groundcover 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: February 2, 2015
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 2nd day of February 2015,
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. 15-______
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants
a variance to:
Gregory Berger to allow the expansion of a legal non-conforming single family
home in the Shoreland Overlay District of Orchard Lake located at 12160 – 168th
Street.
2. Property. The variance is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
That part of Government Lot Three (3), Section Two, (2), Township One hundred
fourteen (114), Range Twenty one (21), Dakota County, Minnesota, described as
follows:
Beginning at a point of the intersection of the west line of said Government Lot 3 with
the centerline of the town road which point is 641.2 feet south of the southeast corner
of the Northwest 1/4 of the Southwest 1/4 of said Section 2, thence running South 89°
43' East along said centerline 240 feet, thence running North 89° 02' East along said
centerline 103.18, thence running North 89° 03' East along said centerline 80 feet to the
actual point of beginning of the tract of land to be described. thence running North 88°
41' East along said centerline 80 feet, thence running South 0° 14' West 205.8 feet more
of less to the Northerly shore line of Orchard Lake, thence running Westerly along said
shore line to its intersection with a line bearing South 0° 14' West from the actual point
of beginning, thence running North 0° 14' East along said line 188.5 feet more or less to
the actual point of beginning, subject to the right of way of the town road over the
Northerly 33 feet thereof.
For the purpose of this description the West line of said Government Lot 3 is
considered to be a due north and south line, said above described tract of land being
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part of the following described tract, that part of Government Lot Three (3), Section
Two, (2), Township One hundred fourteen (114) North, Range Twenty one (21) West,
lying south of the south line of the Northwest Quarter of the Southwest Quarter of said
Section Two (2) extended East and lying west of a line drawn parallel with and Four
hundred sixteen and five-tenths (416.5) feet west of the East line of said Government
Lot Three (3) except that part of the East Twenty six (26) feet thereof lying south of the
north Three hundred ninety and seventy-five hundredths (390.75) feet thereof. Subject
to building and zoning laws, restrictions, reservations and easements of record, if any.
3. Conditions. The variance is issued subject to the following conditions:
a) The improvements shall be constructed in accordance with the site plan and
building plans approved with the conditional use permit and variance.
b) The exterior building materials and roof for the addition shall match the house.
c) All disturbed soils shall be restored and established with groundcover immediately
after work in that area is completed.
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: February 2, 2015
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 2nd day of February 2015
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
BERGER CONDITIONAL USE PERMIT
On January 22, 2015 the Lakeville Planning Commission met at it’s regularly
scheduled meeting to consider a conditional use permit request by Gregory Berger to
allow an expansion of an existing legal non-conforming single family home in the
Shoreland Overlay District of Orchard Lake located at 12160 – 168th 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. The City
Council hereby adopts the following:
FINDINGS OF FACT
1. The property is zoned RS-1, Single Family Residential District and Shoreland Overlay
District.
2. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan, which
guides the property for low density residential land uses.
3. The legal description of the property is:
(See attached legal description)
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 expansion of the porch roof will not further encroach into the non-conforming side
yard and OHWL setbacks. The setback of the proposed roof expansion 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.
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The proposed porch improvements 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 porch improvements 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 porch improvements 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 porch
improvements 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 porch improvements will not overburden the streets serving the property.
5. The planning report, dated January 16, 2015 and prepared by Associate Planner Frank
Dempsey, is incorporated herein.
DATED: February 2, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
2
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
BERGER VARIANCE
On January 22, 2015 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the application of Gregory Berger for a variance to the setback of an
existing legal non-conforming single family home from in the Shoreland Overlay District of
Orchard Lake located at 12160 – 168th 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 hereby adopts the following:
FINDINGS OF FACT
1. The property is zoned RS-1, Single Family Residential District and Shoreland Overlay
District.
2. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan
which guides the property for low density residential land uses.
3. The legal description of the property is:
(See attached legal description)
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.
b) That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
The proposed porch roof expansion will not increase the side yard and OHWL setback non-
conformities.
c) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
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The flat roof porch was constructed prior to the Shoreland Overlay District setback
requirements and prior to the applicant purchasing the property.
d) That the purpose of the variance is not exclusively economic considerations.
The construction of the porch’s proposed pitched roof will correct drainage problems
associated with the current flat roof. No additional living area square footage will be
included in the proposed porch roof expansion.
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 proposed pitched roof over the porch will be consistent with other homes in the area
and will not negatively impact the nearby properties.
f) That the requested variance is the minimum action required to eliminate the practical
difficulty.
The proposed pitched roof construction to match the existing house is a minimal approach
to eliminate the on-going drainage problem due to the flat roof construction of the current
porch.
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-1 District and Shoreland Overlay
District.
5. The planning report dated January 16, 2015 and prepared by Associate Planner, Frank
Dempsey is incorporated herein.
DATED: February 2, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
2
City of Lakeville
Planning Department
Me morandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: January 16, 2015
Subject: Packet Material for the January 22, 2015 Planning Commission Meeting
Agenda Item: Berger Conditional Use Permit and Variance, 12160 – 168th Street
Application Action Deadline: February 15, 2015
BACKGROUND SUMMARY
Gregory Berger has applied for a conditional use permit and variance to allow an expansion
of the legal non-conforming house located at 12160 – 168th Street. The property is located in
the Shoreland Overlay District for Orchard Lake. The house is non-conforming to the
required 10 foot side yard setback and the 75 foot Ordinary High Water Level (OHWL)
setback to Orchard Lake. The plans propose to remodel the existing three-season screen
porch and to replace the porch’s flat roof with a pitched roof to improve drainage and match
the roof pitch of the house. A conditional use permit is required because the non-
conforming house is being expanded. The variance is required because part of the
expansion does not meet setback requirements to the side yard and to the Orchard Lake
OHWL.
EXHIBITS
A. Zoning/Location Map
B. Aerial Photo
C. Survey
D. Building Elevation and Floor Plans (8 Pages)
E. Applicant Narrative
Item No. 5
PLANNING ANALYSIS
According to Dakota County records, the Berger house was constructed in 1961. The
property is a 16,006 square foot metes and bounds, unplatted parcel. The house to the
west and the three houses to the east were all constructed between 1960 and 1961. The
Berger house is a 1,146 square foot full basement walk-out with a two car garage and a
lower level storage area with an overhead door below the porch that was apparently
constructed as a boat storage area. The house was constructed prior to the 75 foot OHWL
setback requirement. The total impervious surface area is 22.6% and will not change with
this proposed remodel. Single family lots are allowed a maximum impervious surface area
of 25% in the Shoreland Overlay District.
Mr. Berger included a written narrative with his applications that outlines his project and
what he is attempting to achieve with the proposed plans. The narrative also attempts to
address the seven variance criteria required by Section 11-6-5 of the Zoning Ordinance.
The narrative describes the applicant’s position that the project is compatible and
harmonious with the conditions of the surrounding properties and is the minimum
variance necessary to accomplish the best outcome to address the design deficiency of the
existing porch condition and design.
Existing Non-Conforming Conditions. The survey submitted with the conditional use
permit and variance applications indicates the home’s following non-conforming
conditions:
1. The lot does not meet the lot width at the front setback (north) lot line
2. The building does not meet the 75 foot setback to the OHWL and 10 foot side yard
setbacks
CONDITIONAL USE PERMIT
Section 11-102-15 requires that additions or expansions to non-conforming single family
homes within the Shoreland Overlay District be allowed by conditional use permit
provided the addition or expansion meets the setback, height, and other requirements of
the Zoning Ordinance. The proposed vertical expansion does not meet the west side yard
and OHWL setback requirements. The majority of the existing house and part of the porch
meets the required setbacks, including the setback to the OHWL, however, a variance is
required to allow the vertical expansion of the portion that does not meet the setback
requirements. Planning Department staff considers the proposed expansion to be
consistent and harmonious with the neighborhood and in the spirit and intent of the
Zoning Ordinance. Findings of fact for the conditional use permit are attached.
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VARIANCE
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 vertical expansion of the porch roof will not create an artificial
obstruction restricting the passage of storm and flood water or increase the height of
flooding. The total impervious surface area of the property will remain at current levels
(less than 25%) in 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 vertical expansion of the porch roof is consistent with the design of 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 expansion will be vertical to a degree only to accomplish the construction
of the pitched roof to improve drainage. The expansion will not further encroach into
the required setbacks. The proposed expansion 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 vertical expansion of the porch roof will be constructed over the area of
the existing porch, will require no 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
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variance, the council may attach such conditions as they deem necessary to ensure
compliance with the purpose and intent of this chapter.
The only physical impact to the property with the proposed reconstruction of the porch
will be construction equipment that may access the rear of the house. No significant
vegetation or grading is proposed that would require significant erosion control
measures. All disturbed soils must be restored and established with groundcover
immediately after work in that area is completed.
F. The criteria established by section 11-6-5 (variances) of this title are met.
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 the Board of
Adjustment 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.
Staff’s review of the Berger variance concludes that the application meets the seven
criteria listed in Section 11-6-5 of the Zoning Ordinance as described in the attached
findings of fact.
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 Berger conditional use permit and variance
subject to the following stipulations:
1. The improvements shall be constructed in accordance with the site plan and
building plans approved with the conditional use permit and variance.
2. The exterior building materials and roof for the addition shall match the house.
3. All disturbed soils shall be restored and established with groundcover immediately
after work in that area is completed.
4
EXHIBIT C
South Elevation Lake side 1/8" = 1'-0"
8'
0
"
12
'
6
"
20' 6"
existing roof
new roof fill-in
existing roof
wa
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Pr
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-
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4/12 roof slo
p
e
Awad + Koontz Architects Builders
Tel 612/243-0540 Lic BC033713
Berger. 4 Season Room Re-Build
12160- 168th St West. Lakeville EXHIBIT D
West Elevation 1/8" = 1'-0"
18' 5"
12
'
6
"
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Existing roo
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4
/
1
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Awad + Koontz Architects Builders
Tel 612/243-0540 Lic BC033713
Berger. 4 Season Room Re-Build
12160- 168th St West. Lakeville
North Elevation Street Side 1/8" = 1'-0"
1'
0
"
Awad + Koontz Architects Builders
Tel 612/243-0540 Lic BC033713
Berger. 4 Season Room Re-Build
12160- 168th St West. Lakeville
North Elevation 1/8" = 1'-0"
Awad + Koontz Architects Builders
Tel 612/243-0540 Lic BC033713
Berger. 4 Season Room Re-Build
12160- 168th St West. Lakeville
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Objective
To obtain the necessary permits to correct deficiencies in my porch.
Background
The house was built in 1962 and has a garage (boathouse) facing the lake with a porch above, which is
common on Orchard Lake. The porch is split into two sections (see photos in attached document): an
enclosed 3-season section to the rear and an open front section facing the lake, which I believe was
originally used as a screen room but the screen was removed at some point.
We purchased the home (with the porch in this configuration) in 2002.
The Problem
The porch was poorly designed and implemented, and has had water issues since we moved in. In
essence, I have two flat roof surfaces exposed to rain and snow, one on top of the other and both
problematic.
The flatter front section of the roof over the exposed section of the porch has sagged over time and has
developed a low spot, which now puddles rainwater. The roof material is a rubber membrane, which
was replaced shortly before I bought the house and has been leaking again for some time.
The floor of the exposed front section is essentially a flat surface with a shingle-like roofing material.
Unfortunately, this surface has no slope for drainage and the metal "legs" of the roof supports create
multiple places for leakage. Any rain that gets on this surface puddles and subsequently leaks into the
garage below (see photo below):
EXHIBIT E
Example: Fairly light rain on Dec 15, 2014 causing standing water and leakage to the garage below.
I've attempted multiple repairs on this but have been unable to stop the leakage.
I'm sure at this point I have rotted wood below both surfaces. I’m convinced that any further attempts
to patch this in its current configuration will result in failure.
The Solution
To permanently fix the problem we need to fully enclose the porch and add a pitched roof.
By fully enclosing the porch we eliminate the flat exposed area and any future problems with leakage,
with the added benefit of more usable space and consistency with other houses on the lake (including
my next door neighbor, who has a nearly identical house and a very similar porch configuration to what
we’ve proposed).
Adding the pitched roof ensures proper drainage and consistency with rest of the house. We have
adopted the same 4/12 pitch as the rest of the house, although the porch roof will be slightly higher
than the rest of the house due to the porch floor being approx 12" higher than the floor of the main
house. It’s our plan to re-roof the entire house along with this project.
It’s our strong belief that this is the only viable, permanent fix for these issues.
Notes
Our plan makes no changes to the footprint of the house on the ground
There will be no grading or changes to drainage or runoff
There will be no landscaping changes
There will be no impact to the shoreline
Variance Review Criteria
A. That the variance would be consistent with the comprehensive plan.
The comprehensive plan guides this property for low density residential, single family, which remains
unchanged.
B. That the variance would be in harmony with the general purposes and intent of this title.
The property remains as single family use, and the proposed changes result in only a slight increase in
roof height.
C. That the plight of the landowner is due to circumstances unique to the property not created by the
landowner.
The home was constructed in 1962, prior to the current ordinance.
D. That the purpose of the variance is not exclusively economic considerations.
The proposed changes are not done for any economic reasons, other that preservation of the existing
home thru better drainage.
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 proposed design is consistent with other single family homes on the lake.
F. That the requested variance is the minimum action required to eliminate the practical difficulty.
Per input from the planning department, we have lowered the pitch on the porch roof to reduce vertical
expansion.
G. Variances may not be approved for any use that is not allowed under the Zoning Ordinance for
property in the zone where the affected person's land is located.
The proposed variance is consistent with single family land use.
Thanks,
Greg Berger
12160 168th St W
Lakeville, MN 55044
612-812-0363
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
BERGER CONDITIONAL USE PERMIT
On January 22, 2015 the Lakeville Planning Commission met at it’s regularly
scheduled meeting to consider a conditional use permit request by Gregory Berger to
allow an expansion of an existing legal non-conforming single family home in the RS-1,
Single Family Residential District and Shoreland Overlay District of Orchard Lake located
at 12160 – 168th 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.
FINDINGS OF FACT
1. The property is zoned RS-1, Single Family Residential District and Shoreland Overlay
District.
2. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan, which
guides the property for low density residential land uses.
3. The legal description of the property is:
(See attached legal description)
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 expansion of the porch roof will not further encroach into the non-conforming side
yard and OHWL setbacks. The setback of the proposed roof expansion 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.
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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 January 16, 2015 and prepared by Associate Planner Frank
Dempsey, is incorporated herein.
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DATED: February 2, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
BERGER VARIANCE
On January 22, 2015 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the application of Gregory Berger for a variance to the setback of an
existing legal non-conforming single family home from the west side lot line and the Ordinary
High Water Level (OHWL) of Orchard Lake located at 12160 – 168th 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.
FINDINGS OF FACT
1. The property is zoned RS-1, Single Family Residential District and Shoreland Overlay
District.
2. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan
which guides the property for low density residential land uses.
3. The legal description of the property is:
(See attached legal description)
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.
B. That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
Part of the proposed porch roof expansion will not increase the side yard and OHWL
setback non-conformities.
C. That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
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The flat roof porch was constructed prior to the Shoreland Overlay District setback
requirements and prior to the applicant purchasing the property.
D. That the purpose of the variance is not exclusively economic considerations.
The construction of the porch’s proposed pitched roof will correct drainage problems
associated with the current flat roof. No additional living area square footage will be
included in the proposed porch roof expansion.
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 existing non-conforming porch is characteristic of other homes in the area. The
proposed pitched roof over the porch will remain consistent with other homes and will not
negatively impact the nearby properties.
F. That the requested variance is the minimum action required to eliminate the practical
difficulty.
The proposed pitched roof construction to match the existing house is a minimal approach
to eliminate the on-going drainage problem due to the flat roof construction of the current
porch.
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-1 District and Shoreland Overlay
District.
5. The planning report dated January 16, 2015 and prepared by Associate Planner, Frank
Dempsey is incorporated herein.
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DATED: February 2, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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