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April 29, 2015 Item No. _____
BOECKER CONDITIONAL USE PERMIT
MAY 4, 2015 CITY COUNCIL MEETING
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve
the David Boecker conditional use permit and adopt the findings of fact.
Adoption of this motion will allow the construction of a 3,200 square foot detached accessory
building on property located at 20110 Judicial Road.
Overview
David Boecker has submitted an application for a conditional use permit to allow the
construction of a detached accessory building. The property is zoned RA, Rural Agricultural
District and is 1.4 acres in area. A conditional use permit is required because the proposed
accessory building will exceed the accessory building size allowed in RA, Rural Agriculture
District.
The Planning Commission held a public hearing and unanimously recommended approval of
the conditional use permit at their April 23, 2015 meeting subject to nine stipulations. There
was no public comment.
Primary Issues to Consider
Does the proposed detached accessory building meet Zoning Ordinance requirements and
will be compatible with surrounding properties? The proposed detached accessory building will
meet setbacks and accessory building height and square footage requirements for the RA District
given compliance with the stipulations of the conditional use permit. The proposed accessory
building will be compatible with the surrounding area.
Supporting Information
• Conditional use permit form
• Findings of fact
• April 23, 2015 Planning Commission draft meeting minutes
• April 15, 2015 planning report
_________________________
Frank Dempsey, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ 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- 08
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby
grants a conditional use permit to:
David Boecker to construct a detached accessory building resulting in a total accessory
building area greater than 2% of the lot area in the RA, Rural/Agricultural District on property
located at 20110 Judicial Road.
2. Property. The permit is for the following described property in the City of Lakeville, Dakota
County, Minnesota:
That part of the Northwest Quarter of the Northwest Quarter of Section 26, Township 114,
Range 21, Dakota County, Minnesota, more particularly described as follows:
Commencing at a point on the west line of said Northwest Quarter of the Northwest Quarter
of said Section 26, 684 feet north of the southwest corner thereof; thence north 10 rods,
thence east 16 rods; thence south 10 rods, also: The north 68 feet of the south 684 feet of the
west 264 feet of the Northwest Quarter of the Northwest Quarter, Section 26, Township 114,
Range 21, Dakota County, Minnesota.
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) The accessory building shall be constructed in the location shown on the Certificate of
Survey and in accordance with the approved conditional use permit.
b) The detached accessory building shall be kept, used and maintained in a manner that is
compatible with the existing single family home on the property and shall not present a
hazard to the public health, safety and general welfare.
c) A building permit must be approved by the City prior to construction of the new detached
accessory building.
d) Electric service to the detached accessory building shall be placed underground.
e) The driveway to the detached accessory building shall be paved with concrete,
bituminous or paving brick.
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f) No sanitary sewer service or indoor water service shall be provided to the detached
accessory building.
g) No commercial activity shall occur in any accessory building on the property, including
but not limited to storage of commercial vehicles or equipment, private rental storage, or
use as a dwelling.
h) All areas of disturbed ground shall be seeded or established with suitable ground cover
upon completion of construction.
i) The detached accessory building materials and colors shall be compatible with the
existing single family home on the property.
4. Termination of Permit. The City may revoke the permit following a public hearing for violation
of the terms of this permit.
5. Lapse. If within one year of the issuance of this 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: May 4, 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 4th day of May 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
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
BOECKER CONDITIONAL USE PERMIT
On April 23, 2015 the Lakeville Planning Commission met at it’s regularly
scheduled meeting to consider a conditional use permit to allow total accessory
building area greater than 2 percent of the lot area in the RA, Rural/Agricultural District
on property located at 20110 Judicial Road. 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 currently zoned RA, Rural/Agricultural District.
2. The property is located in Planning District No. 10 of the 2008 Comprehensive Plan,
which guides the property for rural density residential uses.
3. The legal description of the property is:
That part of the Northwest Quarter of the Northwest Quarter of Section 26,
Township 114, Range 21, Dakota County, Minnesota, more particularly described
as follows:
Commencing at a point on the west line of said Northwest Quarter of the
Northwest Quarter of said Section 26, 684 feet north of the southwest corner
thereof; thence north 10 rods, thence east 16 rods; thence south 10 rods, also:
The north 68 feet of the south 684 feet of the west 264 feet of the Northwest
Quarter of the Northwest Quarter, Section 26, Township 114, Range 21, Dakota
County, Minnesota.
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.
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The existing single family home and proposed detached accessory building is consistent
with the 2030 Land use Plan and District 10 recommendations of the Comprehensive
Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
Provided compliance with the conditional use permit, the proposed detached accessory
building will be compatible with existing and future 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 detached accessory building
will conform with all performance standards contained in the Zoning Ordinance and
the City Code.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
The subject property lies outside the current MUSA. The property is served with
private sanitary sewer and water. The detached accessory building 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 detached accessory building will not overburden the streets serving the property.
5. The planning report, dated April 15, 2015, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: May 4, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP
Associate Planner
Date: April 15, 2015
Subject: Packet Material for the April 23, 2015 Planning Commission Meeting
Agenda Item: David Boecker Conditional Use Permit
Application Action Deadline: May 12, 2015
INTRODUCTION
David Beocker has submitted an application for a conditional use permit to allow the
construction of a detached accessory building on his property that will exceed the maximum
allowable accessory building square footage in the RA, Rural/Agricultural District. The request
is to allow a 40’ x 80’ foot (3,200 square foot) detached accessory building to be constructed
on the property.
The property is 1.41 acres in area (1.24 acres when Judicial Road right of way is excluded. The
property is located at 20110 Judicial Road. The City of Lakeville/Scott County line runs down
the centerline of Judicial Road.
EXHIBITS
The following exhibits are attached for your review:
Exhibit A – Location/Zoning Map
Exhibit B – Aerial Photo
Exhibit C – Certificate of Survey and Site Plan
Exhibit D – Garage Building Elevation Plan
Exhibit E – Applicant Narrative and Exhibits dated March 30, 2015 (10 Pages)
Exhibit F – List of Accessory Building CUPs approved 1981 to present
SITE ANALYSIS
The Zoning Ordinance allows properties in the RA District a maximum accessory building area
of 2% of the total lot area up to a maximum of 8,712 square feet. The lot area of this property
is determined by calculating the dimensions of the property minus road rights-of-way or road
easement area.
The proposed new detached accessory building would be 3,200 square feet in area and less
than 20 feet in height. There is also a 732 square foot tuck-under garage attached to the
house that brings the total accessory building area to 3,932 square feet, which equals 7.3 % of
the lot area. No other accessory buildings are located on the property.
Consistency with the Comprehensive Plan. The property’s current rural residential use is
consistent with the rural density land use identified on the 2030 Land Use Plan and Planning
District 10 recommendations of the 2008 Comprehensive Plan. The property is designated as
Permanent Rural on the Staged MUSA Expansion Area map as indicated in the 2008
Comprehensive Plan.
Zoning. The property is zoned RA, Rural Agricultural District which allows up to 2% of the
property for accessory building area unless approved by conditional use permit.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North, South and East– A single family home on 18 acres (RA District)
West – Credit River Township (Scott County) and single family homes on 10 acres parcels
Existing Conditions. The property is a metes and bounds described, non-conforming parcel
abutting the east side of Judicial Road. The property consists of relatively flat terrain sloping
to the south and east toward a wetland on an adjacent property. A single family home was
constructed on the property in 1963 and includes a driveway and private sanitary sewer
system and water well.
Last year, the applicant commenced importing and compacting fill on the property to create
a building pad for the proposed accessory building. The applicant’s narrative states that this
was done with the understanding that only a building permit was required for the new
building.
Existing Zoning Ordinance Non-Conformities. The property is non-conforming in that it is
less than 10 acres in area and less than 300 feet in width as required by the RA District.
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Setbacks – The following minimum RA District building setback requirements pertain to the
existing home as well as the proposed new detached accessory building:
Required Existing House New Accessory Building
Front Yard: 30 feet 113 feet 34.4 feet
Rear Yard: 30 feet 34.7 feet 116 feet
Side Yards: 10 feet 25.9 feet 20 feet
Wetland: 10 feet N/A 20+ feet
Allowed Accessory Building Area – The Zoning Ordinance for the RA District allows a
maximum of 2% of the lot area to be accessory building space. For a 1.24 acre lot this equals
1,080 square feet unless a conditional use permit is approved. The existing attached garage
and proposed new accessory building would include the following buildings square footage:
Existing Attached Garage – 732 square feet
Proposed Detached Accessory Building – 3,200 square feet
Total proposed accessory building area = 3,932 square feet, or7.3% of the lot area.
Building Materials – The proposed new accessory building will have brown prefinished steel
siding with a brown prefinished steel roof consistent with other similar accessory buildings in
the neighborhood and as allowed in the RA District. The north elevation will include two
overhead garage doors. No overhead garage doors will face the street. The applicant
proposes a building design and color similar to the detached accessory building approved in
2013 located at 16218 Laigle Avenue, which is discussed as a comparison further in this
report.
Building Height – A maximum building height of 20 feet is allowed in the RA District unless
approved by conditional use permit. The new detached accessory building garage will be
19.4 feet in height at the peak of the roof.
CONDITIONAL USE PERMIT ANALYSIS
Chapter 18, Section 5 of the Zoning Ordinance allows accessory building area requirements to
be exceeded by conditional use permit subject to the following criteria:
A. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
The property owner has indicated a need for additional garage storage of personal vehicles,
recreational equipment and hobby equipment storage.
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B. No accessory building or private garage shall be utilized for all or a portion of a
home occupation, for commercial activities or for commercial storage.
The property owner has been informed that no home occupation activities are allowed in
the accessory building and that no storage of commercial equipment, commercial vehicles
or private rental storage is allowed in the accessory building.
C. The accessory building has an evident reuse or function related to a single-family
residential environment in urban service areas or hobby farm environment in
nonurban service areas of the city.
The proposed detached accessory building can be used in conjunction with the single family
home use of the property within the RA District.
At least four other properties received conditional use permits for oversized accessory
buildings within one mile of the Boecker property: These four properties are located at
20486 Judicial Road; 19430 Judicial Road; 19198 Judicial Road and, 12280 – 197th Street.
The proposed accessory building is larger on a percentage basis than other similar buildings
previously approved on a property this size in the RA District. In 2013, the City Council
approved a conditional use permit for the construction of a 2,224 square foot detached
accessory building for a total accessory building area of 2,927 square feet (equal to 3.35 %
of the property) on a two acre lot in the RA District located at 16218 Laigle Avenue.
The accessory building square footage for the Boecker property would be the largest known
accessory building as a percentage of lot area in the RA District to receive conditional use
permit approval since 1981. Please see the attached Exhibit F listing accessory building
conditional use permits approved since 1981.
The attached Exhibit B is an aerial photo map of the vicinity which demonstrates that the
area is primarily rural in character and large detached accessory buildings are characteristic
of the area.
D. Detached accessory buildings shall be maintained in a manner that is compatible
with the adjacent residential uses and does not present a hazard to public health,
safety and general welfare.
The proposed detached accessory building will be in a location in front of the house toward
Judicial Road a setback of 34.4 feet to the Judicial Road right-of-way. The building design
will be generally compatible with buildings on adjacent properties in this rural area of the
City and will not present a hazard to public health, safety and general welfare.
E. The performance standards and criteria of section 11-4-7 of this title shall be
considered and a determination made that the proposed activity is in compliance
with such criteria.
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The provisions of section 11-4-7 of the Zoning Ordinance (Conditional Use Permits) have
been considered and satisfactorily met. Please refer to the attached findings of fact.
RECOMMENDATION
Planning Department staff recommends approval of the Boecker conditional use permit to
allow a total accessory building area greater than two percent of the lot area in the RA District
subject to the following stipulations:
1. The accessory building shall be constructed in the location shown on the Certificate of
Survey and in accordance with the approved conditional use permit.
2. The detached accessory building shall be kept, used and maintained in a manner that
is compatible with the existing single family home on the property and shall not
present a hazard to the public health, safety and general welfare.
3. A building permit must be approved by the City prior to construction of the new
detached accessory building.
4. Electric service to the detached accessory building shall be placed underground.
5. The driveway to the detached accessory building shall be paved with concrete,
bituminous or paving brick.
6. No sanitary sewer service or indoor water service shall be provided to the detached
accessory building.
7. No commercial activity shall occur in any accessory building on the property, including
but not limited to storage of commercial vehicles or equipment, private rental storage,
or use as a dwelling.
8. All areas of disturbed ground shall be seeded or established with suitable ground
cover upon completion of construction.
9. The detached accessory building materials and colors shall be compatible with the
existing single family home on the property.
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EXHIBIT A