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HomeMy WebLinkAboutItem 06.i November 12, 2015 Item No. ______ RAINES CONDITIONAL USE PERMIT NOVEMBER 16, 2015 CITY COUNCIL MEETING Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the Raines conditional use permit and adopt the findings of fact. Adoption of this motion will allow an expansion to a legal non-conforming single family home on Orchard Lake located at 12245 – 175th Street. Overview Sandi Raines has applied for a conditional use permit to allow an expansion of her existing single family home. The house is non-conforming to the required 10 foot side yard setback and the 50 foot averaged setback to the Ordinary High Water Level (OHWL) of Orchard Lake. The plans propose to construct a deck addition on the east side of the house. Ms. Raines withdrew the variance application after consulting with staff and drafting deck plans that will comply with setback requirements. The Planning Commission held a public hearing on November 5, 2015 to consider the conditional use permit request. The Planning Commission recommended unanimous approval subject to the six stipulations noted in the October 30, 2015 planning report, as amended, plus an additional stipulation requiring the removal of non-compliant parking paving bricks in front of the house, west of the garage as shown on the survey. 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? The proposed building expansion does not increase in non-conforming setback of the building and will result in a reduction of overall impervious surface area. The design is consistent with other homes on the south side of Orchard Lake. Supporting Information • Conditional use permit form • Findings of fact • November 5, 2015 draft Planning Commission meeting minutes • October 30, 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__________________________________________ 1 (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 for Sandi Raines to allow the expansion of a legal non-conforming single family home in Shoreland Overlay District of Orchard Lake located at 12245 – 175th Street. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: 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. 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 and building plans approved with the conditional use permit for all construction within 50 feet of the Orchard Lake Ordinary High Water Level of 977.6 feet. 2 b) The concrete impervious surface area below the proposed new walkway from the driveway to the main door shall be removed. The deck shall be constructed to allow water to pass through to a pervious surface below. c) The concrete sidewalk north of the house shall be removed to further reduce overall impervious surface area on the property. d) Construction activities shall not commence prior to issuance of a building permit. e) 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. f) All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed as soon as practical as dictated by the growing season and plating dates. 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: November 16, 2015 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 3 STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 16th day of November 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 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RAINES CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION 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 located in Planning District No. 1 of the 2008 Comprehensive Plan, which guides the property for low density residential land uses. 2. The property is zoned RS-1, Single Family Residential District and Shoreland Overlay District. 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: 2 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. Finding: 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. Finding: 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. Finding: 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. Finding: 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. Finding: 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. 3 DECISION The City Council approves the conditional use permit if the form attached hereto. DATED: November 16, 2015 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk City 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. 2 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% 3 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. 4 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. 5 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. 6 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.