HomeMy WebLinkAboutItem 06.g August 14, 2015 Item No. ______
WILLIAM AND DARLENE JENISON VARIANCE
AUGUST 17, 2015 CITY COUNCIL MEETING
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve the
Jenison variance and adopt the findings of fact.
Adoption of this motion will allow the construction of a single family home on Orchard Lake located at
12235 – 175th Street.
Overview
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 Planning Commission held a public hearing on August 6, 2015 to consider the variance
request. The Planning Commission recommended unanimous approval subject to the four
stipulations listed in the July 29, 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?
There are several properties in the vicinity that have been granted similar variances.
Supporting Information
• Variance form
• Findings of fact
• August 6, 2015 draft Planning Commission meeting minutes
• July 29, 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__________________________________________
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(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 building setback and imperious surface variance to William and Darlene Jenison to
allow the construction of a single family home on a vacant parcel located at 12235 –
175th Street:
2. Property. The variance is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
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
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 variance.
b) 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.
c) All disturbed soils shall be restored and established with groundcover immediately
after work in that area is completed.
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d) 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.
4. Lapse. If within one year from the issuance of this permit the single family has not been
constructed , this variance shall lapse.
Dated: August 17, 2015
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 17th day of August 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
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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 building setback and
impervious surface 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. 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:
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.
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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 17, 2015
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CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
Prepared By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 6, 2015
Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Swenson, Vice Chair Linda Maguire, Brooks Lillehei, Paul
Reuvers, Pat Kaluza, Karl Drotning, Scott Einck,
Members Absent: Ex-officio member Nic Stevens
Others Present: Frank Dempsey, Associate Planner and Penny Brevig, Recording
Secretary
3. Approval of the Meeting Minutes
The July 9, 2015 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Dempsey stated that the following item was distributed to the Planning
Commission at tonight’s meeting:
1. E-mail from an area resident expressing their views on the Candlewood Suites
Conditional Use Permit (Agenda Item #6)
5. Darlene A. and William A. Jenison
Chair Swenson opened the public hearing to consider the application of Darlene and
William Jenison for a variance from building setback requirements to allow the
construction of a new single family home in the Orchard Lake Shoreland Overlay
District.
Darlene Jenison presented a brief overview of their request. Ms. Jenson explained
how they came to their decision to move to Lakeville and in particular to the subject
lot on Orchard Lake. She stated that they feel their project is compatible with the
conditions of the surrounding neighborhood.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the Jenison’s have applied for a variance to allow the construction of a
2,185 square foot two bedroom single family home with a walk-out lower level and
two car garage located at 12235 175th Street. The property is located in the
Shoreland Overlay District and is approximately one-quarter of an acre in area. Mr.
Dempsey indicated that due to the shallow depth of the lot, the requested variance
Planning Commission Meeting Minutes, August 6, 2015 Page 2
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%.
Mr. Dempsey explained which neighboring homes had previously requested
variances that were approved for numerous reasons and how most of them do not
meet the OHWL setback of 75 feet to the lake and have used setback averaging to
the OHWL.
Mr. Dempsey stated that the land use is compatible and keeping with other
properties in the area. The Jenison’s had written a very descriptive narrative of their
plans which was included in the staff report.
Mr. Dempsey stated that the Planning Department staff recommends approval of the
Jenison variance subject to the four stipulations listed in the July 29, 2015 planning
report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Maguire, seconded by Drotning to close the public
hearing at 6:12 p.m.
Ayes: Lillehei, Einck, Maguire, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• The Planning Commission agreed that this is the perfect example of how a
variance is supposed to work. If someone owns a piece of property that they
have every right to use, this helps them find a way to use it.
• The Planning Commission felt that this home will fit very well into the
character of the neighborhood.
Motion was made by Drotning, seconded by Maguire to recommend to City
Council approval of a variance from building setback requirements to allow the
construction of a new single family home in the Orchard Lake Shoreland Overlay
District, located at 12235 – 175th Street, 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.
3. All disturbed soils shall be restored and established with groundcover
immediately after work in that area is completed.
Planning Commission Meeting Minutes, August 6, 2015 Page 3
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.
Ayes: Einck, Maguire, Swenson, Reuvers, Kaluza, Drotning, Lillehei
Nays: 0
6. Lakeville Hospitality, LLC
Chair Swenson opened the public hearing to consider the application of Lakeville
Hospitality, LLC for a Conditional Use Permit to allow building height in excess of 35
feet in the C-3, General Commercial District.
Angela Thomas and Nate Nelson, two of the five partners in Lakeville Hospitality,
LLC were in attendance at tonight’s meeting. Ms. Thomas presented a brief
overview of the request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the Candlewood Suites hotel will be located at 21060 Keswick Loop. The
conditional use permit (CUP) is for the proposed building height of the hotel. The
proposed building height would be up to 43 feet, 1-1/2 inches tall. The C-3 District
allows a building height up to 35 feet unless additional height is approved by CUP.
Mr. Dempsey indicated that the Zoning Ordinance allows building heights in excess
of 35 feet, and up to six stories or 65 feet, in the C-3 District subject to additional
setback requirements and approval of a CUP. About one-third of the building will
include architectural parapet walls that will exceed 35 feet, with a total height of
between 39 feet and just over 43 feet.
Mr. Dempsey indicated that City staff will review and approve the site plan, grading
plan and utility plan separately in conjunction with the building permit application.
Mr. Dempsey stated that the Planning Department staff recommends approval of the
Conditional Use Permit subject to the two stipulations listed in the July 29, 2015
planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Reuvers to close the public hearing
at 6:20 p.m.
Ayes: Maguire, Swenson, Reuvers, Kaluza, Drotning, Lillehei, Einck
Nays: 0
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
Planning Commission Meeting Minutes, August 6, 2015 Page 4
• Chair Swenson clarified for the audience that Planning Commission review is
specifically for the height of the building.
• Commissioner Drotning had a concern with parking of oversized vehicles,
trailers, etc. and asked if there had been any discussion with staff regarding
this. Ms. Thomas commented that the site plan is still a work in progress.
There are a lot of challenges with the grading of the lot, but the development
team knows this is a concern. Commissioner Drotning requested that they
look very carefully at the site plan for parking oversized vehicles.
• Commissioner Drotning asked if this was a lot of record. Mr. Dempsey
indicated that it is a legal conforming metes and bounds parcel. It previously
had a single family home on it. He stated that the necessary street right-of-
way has been dedicated and the infrastructure was installed with the
reconstruction of the County Road 70 / I-35 interchange.
Motion was made by Lillehei, seconded by Maguire to recommend to City
Council approval of the Lakeville Hospitality, LLC Conditional Use Permit for building
height in excess of 35 feet, subject to the following stipulations:
1. The building height shall not exceed 44 feet as shown on the building
elevation plans prepared by Truman Howell Architects dated July 1, 2015 and
as approved by the City Council.
2. The project shall receive approval of a site plan application and building
permit prior to commencement of construction.
Ayes: Swenson, Reuvers, Kaluza, Drotning, Lillehei, Einck, Maguire
Nays: 0
There being no further business, the meeting was adjourned at 6:26 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
City 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
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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.
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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.
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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.
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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.
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