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HomeMy WebLinkAboutItem 05City of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: July 29, 2015 Subject: Packet Material for the August 6, 2015 Planning Commission Meeting Agenda Item: Jenison Variance, 12235 – 175th Street Application Action Deadline: September 14, 2015 BACKGROUND SUMMARY William and Darlene Jenison have applied for a variance to allow the construction of a single family home on a vacant parcel located on the south side of Orchard Lake. The property is located in the Shoreland Overlay District and is approximately one-quarter of an acre in area. Due to the shallow depth of the lot, a variance from setback requirements and impervious surface area is proposed to construct a house on the property. The applicants propose to construct a 2,185 square foot two bedroom single family home with a walk-out lower level and two car garage. The proposed variance would allow a 42.1 foot setback to the Ordinary High Water Level of Orchard Lake, a front yard setback of 25 feet, and an impervious surface area greater than 25%. EXHIBITS A. Zoning/Location Map B. Aerial Photo C. Survey D. Building Floor Plan E. Applicant Narrative F. 175th Street Area Zoning Analysis 2 PLANNING ANALYSIS The one-quarter acre subject property located at 12235 – 175th Street was platted in 1926 as Lyndale Lake Club 2nd Addition. Lyndale Lakes Club No. 1 was platted the same year and included 11 lots on the north side of 175th Street. Years ago, the subject property contained a seasonal cabin that has long since been removed. The property has been vacant since that time. The oldest existing houses among these 11 lots were constructed in 1927 and 1928, three were constructed in the 1950’s, three were constructed in the 1970’s, and two were constructed in 1985 after approval of variances for setbacks to the street and to the OHWL in 1984. A setback variance was also approved for the house immediately to the west in 1988 to allow a garage addition with an 18 foot setback from the 175th Street right-of-way line. Most of the homes along this side of 175th Street do not meet the OHWL setback of 75 feet to the lake and have used setback averaging to the OHWL. Most of the properties also do not meet the minimum 25% maximum impervious surface area requirement. The Jenisons have provided a written narrative with the application that outlines their proposed variance request and describes their proposed plans. The narrative also attempts to address the seven variance criteria listed in Section 11-6-5 of the Zoning Ordinance. The narrative describes the applicants’ 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 physical limitations of the property. Existing Non-Conforming Conditions. The survey submitted with the variance application indicates the following non-conforming condition: 1. The lot does not meet the lot area for a lot abutting the lake and lot width within the RS-1 District. 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 single family home construction will not create a restriction of storm and flood waters increasing the height of flooding. 3 B. Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. The proposed single family home will be consistent with the development characteristics of the majority of properties and homes in the vicinity. The proposed variance will not be detrimental to surface or ground water 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 planned land use of the property is for a single family home that achieves the land use and zoning objectives of the City, consistent with the characteristics of the neighborhood. The proposed variance will not 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 single family home will be consistent with the objective of land use compatibility and, preservation of natural landforms and vegetation. 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 applicants have indicated that the only tree removal will be at or immediately around the perimeter of the proposed house. A tree preservation and erosion control plan is required prior to building permit approval and prior to commencing tree removal, grading or construction. Staff will review the plan consistent with typical home construction plans to protect the natural resources. 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. 4 Staff’s review of the Jenison 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. The property is a legal non-conforming lot of record that has been assessed for sanitary sewer and water. The proposed variance to the OHWL is a result of the City’s March 16, 2015 adoption of an amendment to the Zoning Ordinance Shoreland Overlay District requiring a minimum OHWL setback of 50 feet for properties that use adjacent non-conforming building setbacks to determine the OHWL setback on any lot abutting the lake. The proposed Jenison house would have met the previous setback requirement of 37.5 feet (50% of the 75 foot minimum setback to the OHWL). This represents a practical difficulty not created by the applicant. If the 37.5 foot setback were to have been used prior to adoption of the Zoning Ordinance amendment, this would likely have resulted in a larger home with a longer driveway and possibly a larger variance request for impervious surface area than is now proposed. The proposed 25 foot front yard setback is intended to reduce the total impervious surface area. The proposed 1.1% of impervious surface area over the 25% maximum represents approximately 127 square feet. The applicants contacted staff when they were deciding to purchase the property. At that time, staff encouraged unique house design to minimize the variance request. Staff met with the applicants to describe the variance process and to encourage them to submit a revised house plan that represents a minimization of the variance request reflective of what is proposed today. The applicants agreed to submit a site plan with a reduced encroachment into the 50 foot OHWL setback. The proposed setback is 42.1 feet from the OHWL to the closest corner of the proposed house and deck. Department of Natural Resources (DNR). The DNR was notified of the proposed variance. No comments have been received from the DNR. RECOMMENDATION Planning Department staff recommends approval of the Jenison variance subject to the following stipulations: 1. The improvements shall be constructed in accordance with the site plan and building plans approved with the variance. 2. A tree preservation and erosion control plan will be required prior to building permit approval and prior to commencing tree removal, grading or construction. Any healthy tree proposed to be saved that is removed during construction shall be replaced with a like species of tree complying with Zoning Ordinance requirements. 5 3. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 4. The lowest floor elevation of the single family home shall not be less than 980.6 feet above sea level to comply with Zoning Ordinance requirements. The survey shall be amended to reflect the minimum floor elevation. EXHIBIT C E X H I B I T D EXHIBIT E 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA JENISON VARIANCE On August 6, 2015 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of William and Darlene Jenison for a variance to allow the construction of a single family home on a vacant parcel in the Shoreland Overlay District of Orchard Lake located at 12235 – 175th 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: Lot 9, Except the West Quarter thereof; Lot 10 and the West Half of Lot 11, Block 4, Lyndale Lakes Club 2nd Addition AND That part of Club Beach Lying between the northerly extension of the West line of the East three-quarters of Lot 9 and the Northerly extension of the East line of the West Half of Lot 11, Block 4, said Lyndale Lakes 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. 2 b) That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. The proposed single family home at the proposed setbacks and impervious surface area will be consistent and in harmony with other single family properties in the area that have received setback variance approval. c) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The lot size and depth is a unique circumstance to the property. The applicant proposes a house design that minimizes the variance request. d) That the purpose of the variance is not exclusively for economic considerations. The variance request is not due exclusively for economic considerations. 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 single family home will be consistent with and will not alter the character of the neighborhood. f) That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed single family home has been designed to minimize the proposed variance request. 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 July 29, 2015 and prepared by Associate Planner, Frank Dempsey is incorporated herein. DATED: August 6, 2015 3 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk