HomeMy WebLinkAboutItem 06City of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: October 30, 2015
Subject: Packet Material for the November 5, 2015 Planning Commission Meeting
Agenda Item: Raines Conditional Use Permit and Variance, 12245– 175th Street
Application Action Deadline: Variance (January 8, 2016) Conditional Use Permit
(December 18, 2015)
BACKGROUND
Sandi Raines has applied for a conditional use permit and variance to allow an expansion of
the legal non-conforming house located at 12245 – 175th Street. Ms. Raines purchased the
house and property in October 2013. She has determined that improvements are
necessary to replace the worn sidewalk to the main entrance door of the house as well as
to reduce the number of steps over that area. The applicant did not discuss or meet with
Planning Department staff to identify non-conforming zoning conditions or building
permit requirements prior to purchasing the property. The property had been in
foreclosure in the months preceding purchase by the applicant.
The property is located in the Shoreland Overlay District for Orchard Lake. The house is
non-conforming to the required 30 foot front yard setback, the 10 foot side yard setback
and the adjacent building averaged minimum setback of 50 feet to the Orchard Lake
(OHWL). A variance was approved for the construction of the attached garage in 1984
allowing an 18 foot front yard setback. The applicant plans to remodel the existing
sidewalk adjacent to the garage that accesses the main entrance. The plans also propose
the construction of a deck on the east side of the house adjacent to a new sliding door.
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A conditional use permit is required because the non-conforming house is being
expanded. The variance is required because the expansion does not meet setback
requirements to the Orchard Lake OHWL.
EXHIBITS
A. Zoning/Location Map
B. Applicant Narrative
C. Google Street View Photo – October 2013
D. MLS Listing Photo – 2013
E. Pictometry Aerial Photo – May 2014
F. Google Street View – July 2015
G. Survey
H. East Building Elevation Plan
I. Zoning Analysis Map
PLANNING ANALYSIS
According to Dakota County records, the Raines house was constructed in 1957 and
includes a 660 square foot foundation area. The 546 square foot garage was constructed in
1984 after the approval of a variance to the front yard setback. The house and garage
addition were constructed prior to the 75 foot OHWL setback requirement. Single family
lots in the Shoreland Overlay District are allowed a maximum impervious surface area of
25%. The property totals 5,293 square feet in area and includes all or part of three
combined lots platted as Lyndale Lakes Club 1st Addition in 1926 and Lyndale Lakes Club
2nd Addition also in 1926. The total impervious surface area is 41.2%.
Existing Non-Conforming Conditions. The survey submitted with the conditional use
permit and variance applications indicates the home’s following non-conforming
conditions:
1. Minimum lot area of 20,000 square feet for a lot abutting the lake
2. Minimum setback of 50 feet using adjacent building averaging to the OHWL. The
existing setback to the OHWL is 38 feet
3. Minimum 10 foot side yard setback to the west side property line
4. Minimum 18 foot front yard setback approved with the variance in 1984 is 11.89
feet as shown on the current survey
5. Maximum impervious surface area of 25%. Currently is 41.2%
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CONDITIONAL USE PERMIT
Section 11-102-15 requires that additions or expansions to non-conforming single family
homes within the Shoreland Overlay District by conditional use permit provided the
addition or expansion meets the setback, height, and other requirements of the Zoning
Ordinance. Part of the proposed deck is greater than 30 inches above grade. The portion
of the proposed deck located within the 50 foot OHWL setback requires a variance.
Planning Department staff considers the proposed expansion (deck) for access to the main
entrance to be to be consistent and harmonious with the neighborhood and meeting the
spirit and intent of the Zoning Ordinance.
VARIANCE
Ms. Raines has submitted a written narrative with her applications that outlines her project
and what she 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 sidewalk and to also allow additional deck area on the house.
The applicant wants to provide deck access to the patio door on northeast corner of the
house. City records indicate that the patio door was installed without approval of a
building permit sometime between October 2013 and today. Staff determined this fact by
examining the following information:
• The Google Street View photo from October 2013 shows the previous window prior
to installation of the patio door
• The 2013 MLS property listing photo shows the window prior to installation of the
patio door from prior to the applicant purchasing the home.
• The Dakota County May 2014 Pictometry aerial photo shows the new patio door
installed.
• The Google Street View photo from July 2015 shows the existing patio door
installed.
Section 11-102-23 of the Shoreland Overlay District requires that a variance 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.
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The proposed new deck that would replace the concrete sidewalk from the driveway to
the main entrance door and the deck proposed north of the main entrance door will not
create an artificial obstruction restricting the passage of storm and flood water or
increase the height of flooding. If all of the existing sidewalk to be covered by the new
deck were removed, the impervious surface area would be reduced from 41.2% to
37.7%. The removal of the concrete sidewalk along the north east corner and along the
north side of the house were removed and replaced with landscaping, the impervious
surface area would be further reduced to 36.1%.
B. Result in incompatible land uses or which would be detrimental to the protection of
surface and ground water supplies.
The deck proposed to be constructed north of the 50 foot OHWL setback to the
northeast corner of the house would be set back 38 feet from the OHWL and is
inconsistent with minimum setback requirements required by the Zoning Ordinance by
increasing the amount of building area within the shore impact zone of the lake. The
variance as proposed would not be detrimental to the protection of surface and
groundwater supplies provided impervious surface area is reduced.
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 deck area north of the 50 foot OHWL setback is not consistent with the
land use plan and planning objectives for the City outlined as goals and objectives of
the Comprehensive Plan for properties within environmental protection areas.
The oldest existing houses among the 11 lots on the north side of 175th Street 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.
The property to the east received approval of a variance for setbacks to the front and
OHWL in 2015. The house is now under construction. Most of the homes along this side
of 175th Street do not meet the OHWL setback of 75 feet to the lake, due to the shallow
depth of the lots on the south side of Orchard 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 subject house was constructed in 1957 and a variance was approved in 1984
allowing a garage addition with an 18 foot front yard setback. The garage was
apparently constructed with an 11.89 foot setback according to the survey prepared in
2015 for this variance and conditional use permit application. This building setback
results in some vehicles in the driveway being parked over the street right-of-way line.
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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 variance would intensify the amount of building area visible from the lake
which could be considered detrimental to the preservation of the natural landform of
Orchard Lake.
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 only physical impact to the property with the proposed reconstruction of the deck
will be construction equipment that may access the side and rear of the house. No
significant vegetation removal or grading is proposed that would require significant
additional erosion control measures. All disturbed soils shall be restored and
established with groundcover immediately after work is completed on the property.
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 finds 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 Raines variance concludes that the applicant may improve the
condition of access between the driveway and main entrance, including the removal of the
numerous concrete steps but does not meet the seven criteria listed in Section 11-6-5 of
the Zoning Ordinance for construction of the deck beyond the 50 foot setback as
described in the attached findings of fact. Prior to submitting the variance application,
staff discussed with the applicant that constructing a retaining wall adjacent to the
proposed deck to reduce the elevation from grade to deck to 30 inches or less would
eliminate the need for the variance. In addition, removing the sidewalk below the deck to
reduce the impervious surface area would reduce this non-conformity in support of the
conditional use permit.
Department of Natural Resources (DNR). The DNR was notified of the proposed
conditional use permit and variance. The DNR Area Hydrologist responded with no
comments to the conditional use permit and variance applications.
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RECOMMENDATION
Planning Department staff concludes that the proposed variance for the portion of the
deck to be constructed within the 50 foot setback to the OHWL does not meet the criteria
for a variance as outlined in Section 11-6-5 of the Zoning Ordinance. Furthermore, there
are construction alternatives that would allow the proposed deck to be located less than
30 inches above grade, thereby eliminating the need for the variance. Staff recommends
the variance not be approved due to lack of evident practical difficulty to establish a case
for a setback variance as required by the Section 11-6-5 of the Zoning Ordinance and as
outlined in the planning report and findings of fact.
The conditional use permit to construct the new deck and walkway with a reduction of the
existing number of steps for the purpose of improving access to the main entrance door is
considered reasonable provided that the OHWL setback and side yard setback
requirements are met and the impervious surface area is reduced. Staff recommends the
conditional use permit be approved 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 for all construction with 50
feet of the Orchard Lake Ordinary High Water Level of 977.6 feet.
2. The concrete impervious surface area below the proposed new walkway from the
driveway to the main door and along the northeast corner of the house and along
the north side of the house shall be removed. The deck shall be constructed to
allow water to pass through to a pervious surface below.
3. The concrete sidewalk north of the house shall be removed to further reduce
overall impervious surface area on the property.
4. Construction activities shall not commence prior to issuance of a building permit.
5. The patio door as identified on the survey shall be removed no later than December
31, 2015 after approval of a building permit or plans for the placement of fill and
the construction of retaining walls shall be submitted by the applicant in order to
comply with setback requirements for the proposed deck and to allow the
associated patio door. Construction activities associated with this option shall be
substantially completed no later than June 1, 2016.
6. All disturbed soils shall be restored and established with groundcover immediately
after work in that area is completed.
Findings of fact consistent with staff’s recommendation for the conditional use permit
and variance are attached.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RAINES CONDITIONAL USE PERMIT
On November 5, 2015 the Lakeville Planning Commission met at it’s regularly
scheduled meeting to consider the application of Sandi Raines for a conditional use
permit request to allow an expansion of an existing legal non-conforming single family
home in the Shoreland Overlay District of Orchard Lake located at 12245 – 175th 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:
Lot 8, and the West Quarter of Lot 9, Block 4, Lyndale Lakes Club 2nd Addition,
according to the recorded plat thereof on file and of record in the office of the
Register of Deeds, Dakota County, Minnesota.
AND
That part of Club Beach Lyndale Lakes Club 2nd Addition lying between the West
line of the East three-quarters of Lot 9 and the West line of Lot 8, Block 4, Lyndale
Lakes Club 2nd Addition, extended Northerly to the shore of Orchard Lake,
according to the recorded plat thereof on file and of record in the office or the
Register of Deeds, Dakota County, Minnesota.
AND
That part of Club Beach, Lyndale Lakes Club #1, according to the recorded plat
thereof on file and of record in the office of the Register of Deeds, Dakota
County, Minnesota, lying between the East and West line of Lot 8, Block 4, prod
North to Lake Shore.
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:
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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 walkway deck to the main entrance door will not further encroach
into the required side yard and Ordinary High Water Level setbacks. The setback
compliant walkway and deck improvements will not be out of character with the existing
adjacent single family lakeshore homes on the south side of Orchard Lake and will be
consistent with the goals and objectives of the Comprehensive Plan provided compliance
with setback requirements.
b. The proposed use is or will be compatible with present and future land uses of the
area.
The expansion of the walkway deck to the main entrance door will be compatible with
the single family homes located on the two adjacent lots and the adjacent lakeshore
homes on the south side of Orchard Lake provided compliance with setback
requirements and with the conditional use permit stipulations.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Provided compliance with the conditional use permit, the expansion of the walkway and
deck improvements within setback requirements will conform to 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 property is served with City sanitary sewer and water. The proposed project 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 project improvements will not overburden the streets serving the property.
5. The planning report, dated October 30, 2015 and prepared by Associate Planner Frank
Dempsey, is incorporated herein.
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DATED: November 16, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RAINES VARIANCE
On November 5, 2015 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the application of Sandi Raines for a variance to the setback of an
existing legal non-conforming single family home in the Shoreland Overlay District of Orchard
Lake located at 12245 – 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 8, and the West Quarter of Lot 9, Block 4, Lyndale Lakes Club 2nd Addition,
according to the recorded plat thereof on file and of record in the office of the
Register of Deeds, Dakota County, Minnesota.
AND
That part of Club Beach Lyndale Lakes Club 2nd Addition lying between the West line
of the East three-quarters of Lot 9 and the West line of Lot 8, Block 4, Lyndale Lakes
Club 2nd Addition, extended Northerly to the shore of Orchard Lake, according to the
recorded plat thereof on file and of record in the office or the Register of Deeds,
Dakota County, Minnesota.
AND
That part of Club Beach, Lyndale Lakes Club #1, according to the recorded plat
thereof on file and of record in the office of the Register of Deeds, Dakota County,
Minnesota, lying between the East and West line of Lot 8, Block 4, prod North to Lake
Shore.
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:
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a) That the variance would be consistent with the comprehensive plan.
The proposed expansion into the minimum 50 foot Ordinary High Water Level (OHWL)
adjacent building averaged setback would be inconsistent with the goals and objectives of
the comprehensive plan. The proposed deck within the 50 foot OHWL would be located
closer to the OHWL than other adjacent buildings.
b) That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
The proposed deck within the 50 foot OHWL setback would increase the OHWL setback
non-conformity pre-existing on the property, which is not consistent with the intent of the
Zoning Ordinance.
c) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
The applicant’s narrative indicates that the deck within the 50 foot OHWL setback would
alleviate an unsafe condition by providing deck access to the patio door near the northeast
corner of the building. The patio door was installed without the required building permit.
The property owner did not seek to identify any existing property non-conformities or
discuss the proposed improvements with City staff prior to purchasing the property
therefore; the circumstances of practical difficulties are not unique to the property.
d) That the purpose of the variance is not exclusively economic considerations.
The proposed construction within the 50 foot OHWL setback does not appear to be
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 deck construction within the 50 foot OHWL setback and the resulting
increase in the non-conforming setback would not be in character with the neighborhood
and other lakeshore homes located on this south side of Orchard Lake.
f) That the requested variance is the minimum action required to eliminate the practical
difficulty.
The variance would not be required if the patio door were remodeled to eliminate that
opening as an access door or if a retaining wall is constructed adjacent to the proposed
deck to reduce the elevation from grade to deck to 30 inches or less.
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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 October 30, 2015 and prepared by Associate Planner, Frank
Dempsey is incorporated herein.
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DATED: November 16, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk