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HomeMy WebLinkAboutItem 06.g April 15, 2015 Item No. ______ CHRIS BYE CONDITIONAL USE PERMIT APRIL 20, 2015 CITY COUNCIL MEETING Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the Chris Bye conditional use permit and adopt the findings of fact. Adoption of this motion will allow the construction of an addition to a home with a non-conforming setback to the Lake Marion Ordinary High Water Level on property located at 10227 – 205th Street. Overview Chris Bye has applied for a conditional use permit to allow a garage addition to the house located at 10227 – 205th Street. A conditional use permit is required since the non-conforming house is being expanded, and a portion of the existing house does not meet the 75 foot setback requirement to the Lake Marion Ordinary High Water Level (OHWL). The house addition will meet all required setbacks. The Planning Commission held a public hearing on April 9, 2015 to consider the conditional use permit request. There was one neighbor who spoke in favor of the proposed conditional use permit. The Planning Commission recommended unanimous approval subject to the six stipulations listed in the April 3, 2015 planning report. Primary Issues to Consider Is the request consistent and in keeping with other single family residential homes in the area? The proposed addition is entirely compliant with the OHWL setback and will be constructed in the direction away from the lake. The proposed request is consistent, compatible and in character with other single family properties in the vicinity. Supporting Information • Conditional use permit form • Findings of fact • April 9, 2015 draft Planning Commission meeting minutes • Planning report dated April 3, 2015 _______________________________________ 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: Chris Bye to allow an addition to a single family home located at 10227 – 205th Street in the RS-3, Single Family Residential District and Shoreland Overlay District of Lake Marion. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 11, Block 1, Weichselbaum’s First Addition 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. b) The exterior building materials and roof for the addition and the existing house shall match. c) The encroachment of the neighbor’s driveway over the east property line shall be removed prior to issuance of a Certificate of Occupancy for the house addition. d) Total impervious surface area on the property shall not exceed 25%. e) All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. f) Overhead utility lines between the pole and the house shall be buried underground. 1 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: April 20, 2015 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 20th day of April 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 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA BYE CONDITIONAL USE PERMIT On April 9, 2015 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Chris Bye for a conditional use permit to expand 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 10227 – 205th 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-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 and recommends low impact development along Lake Marion and environmental protection of properties within the Shoreland Overlay District. 3. The legal description of the property is: Lot 11, Block 1, Weichselbaum’s First Addition 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 building addition 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 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. 1 The proposed building addition will be compatible with the single family homes located on the two adjacent lots and within the neighborhood. 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. 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 April 3, 2015 and prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: April 9, 2015 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk Prepared by: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 City of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: April 3, 2015 Subject: Packet Material for the April 9, 2015 Planning Commission Meeting Agenda Item: Chris Bye Conditional Use Permit Application Action Deadline: May 12, 2015 BACKGROUND SUMMARY Chris Bye has submitted an application for a conditional use permit to allow an addition to the house located at 10227 – 205th Street. Mr. Bye purchased the property in 2013 and recently completed in interior remodel of the existing garage into living space. The proposed addition will include a 1,008 square foot attached garage and a 210 square foot living area onto the south and east sides of the house. The conditional use permit is required because the existing house does not meet the 75 foot setback to the Ordinary High Water Level (OHWL) of Lake Marion. The proposed addition will meet all setback requirements. EXHIBITS A. Zoning/Location Map B. Aerial Photo C. Survey D. Building Elevation Plans (2 Pages) E. Applicant Narrative PLANNING ANALYSIS Prior to purchasing the home, Mr. Bye discussed various expansion options with Planning Department staff, some of which would have required a variance to the 75 foot requirement to the Lake Marion Ordinary High Water Level (OHWL). At that time, staff informed Mr. Bye of the variance application process. Given the configuration of the lot and placement of the existing home, Mr. Bye decided to remodel the original attached garage into living space and then construct a new attached garage addition to the southwest side of the house, away from the lakeshore. The construction will include the removal of existing driveway pavement and the installation of new driveway pavement for the new garage. The house was constructed in 1973 as a 1,370 square foot split level walk-out with an attached two car garage. The house was constructed prior to adoption of the Shoreland Overlay District regulations. The current house is set back 45 feet from the Lake Marion Ordinary High Water Level (OHWL). A conditional use permit is required since the non- conforming house is being expanded and part of the existing house is within the 75 foot setback from the OHWL. The house meets all other setback requirements (side yard- 10 feet and front yard - 30 feet). The plans propose the construction of a 950 square foot, 3-car attached garage. Existing Non-Conforming Conditions. The survey submitted with the conditional use permit applications indicates the following non-conforming conditions: 1. The existing house does not meet the 75 foot setback to the OHWL 2. The neighbor’s driveway turn-around encroaches over the Bye’s east property line Any conditional use permit within the Shoreland Overlay District requires that identified non- conformities be brought into compliance where reasonable and possible or the non- conformity is reduced or minimized as a stipulation of approval. Planning Department staff, therefore, recommends that the neighbor’s driveway encroachment be removed from the Bye property. Impervious Surface Area. The total impervious surface area following construction is proposed to be 23.44%. A maximum impervious surface area of 25% is allowed. Department of Natural Resources (DNR). The Zoning Ordinance requires notification to the DNR of applications for a conditional use permit. The DNR was notified and has expressed no concerns regarding the proposed conditional use permit application. RECOMMENDATION Planning Department staff recommends approval of the Bye conditional use permit subject to the following stipulations: 2 1. The improvements shall be constructed in accordance with the site plan approved with the conditional use permit. 2. The exterior building materials and roof for the addition and the existing house shall match. 3. The encroachment of the neighbor’s driveway over the east property line shall be removed prior to issuance of a Certificate of Occupancy for the house addition. 4. Total impervious surface area on the property shall not exceed 25%. 5. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 6. Overhead utility lines between the pole and the house shall be buried underground. Findings of fact for the conditional use permit are attached. 3 E X H I B I T C March 11, 2015 City of Lakeville Planning Commission 20195 Holyoke Avenue Lakeville, MN 55044 RE: Conditional Use Permit for 10227 205th Street West Dear Sir/Madam, My name is Chris Bye and I am the homeowner of the residence at 10227 205th Street West. My wife, Christine, and I are 15 year residents of Lakeville and we have three boys in the Lakeville School District (Tommy – 15, Cole – 13 and Zack – 10). I am writing this letter to request approval of a conditional use permit at our residence located on the south side of Lake Marion (10227 205th Street West). The home was built in 1973 and we purchased it in December 2014. At the time of purchase, we knew we had a lot of work to do on the house and we planned for a complete remodel. Our initial remodel plan called for building an addition in front of the current garage. In February 2015, I spoke with Frank Dempsey, Lakeville Associate Planner, about this plan and he advised it would be tough to get this approved as the new structure would still be in the 75 foot setback from Lake Marion. We went back to the drawing board and spent the next 10 months working through numerous plans where our addition would not be built in the setback area. We finally agreed to a plan with our contractor (Tim King – Oakwood Custom Builders) in December 2014. Our plan was to pull two permits and proceed as follows: • Phase 1 (Permit # LA138701) – Renovate the existing structure (excluding the garage) and bring the house up to code. Phase 1 is set to be completed on March 13th. o Completely new electrical wiring o Completely new plumbing o Completely new HVAC o Moving 65% of the interior walls o Replacing all windows on the north (lake side), east and south side of the house o Completely remodel the kitchen and all bathrooms o New paint throughout the house o New flooring throughout the house • Phase 2 – Convert the existing garage into a family room and bathroom and build an addition outside the setback which includes a new garage and mudroom o Garage renovation includes adding windows on the north (lake side), east and south side of the house, adding a bathroom and family room. o Building a new three car garage o Building a mudroom that connects the new garage to the existing structure o Replacing all siding, fascia and gutters of the existing structure and matching it to the addition On March 10th while we were waiting for our Phase 2 permit to be approved, we were notified by Frank Dempsey that since the existing house is non-conforming to the lake setback, it requires a conditional use permit. I take full responsibility for not understanding this rule based on my previous discussions with Mr. Dempsey but I am hopeful the Planning Committee and City Council with see that we are trying to build our dream home while following the current codes and regulations. The new structure does not obstruct any lake view for our neighbors and it is completely outside the setback. I look forward to reviewing this request in the near future. Regards, Chris Bye 612-708-7078 Chrisbye5@gmail.com