HomeMy WebLinkAboutItem 06City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: April 15, 2016
Subject: Packet Material for the April 21, 2016 Planning Commission Meeting
Agenda Item: Thomas and Lori Peterson Variance
Application Action Deadline: May 20, 2016
BACKGROUND
Thomas and Lori Peterson have submitted a variance application to allow an existing six foot
tall privacy fence to remain in the front yard of their single family home located at 18490
Jasper Path. The property is located in the northeast corner of Jasper Path and 185th Street
and is zoned RS-3, Single Family Residential District. In 2015, improvements to the Kenwood
Trail/185th Street (CSAH 50/CSAH 60) intersection area were completed that included a two
lane roundabout. The Peterson’s home is located adjacent to the CSAH 50/60 improvements.
On June 22, 2015 City staff approved a zoning permit to allow the Petersons to construct a
new six foot tall privacy fence along the side yard of their corner lot abutting 185th Street,
which is classified as an arterial street in the City’s Transportation Plan. The fence replaced a
six foot tall privacy fence that was constructed several years earlier but which had to be
relocated due to the CSAH 50/60 improvement project. The new fence was identified on the
survey (Exhibit C) to extend past the front of the house. The privacy fence that was replaced
did not extend past the front of the house. The Zoning Ordinance requires that the portion of
the fence located in front of the house be a maximum of four feet in height and be at least
75% open (i.e. chain link). For this reason, the zoning permit was approved in error.
EXHIBITS
Exhibit A – Aerial Location Map
Exhibit B – Fence Photo
Exhibit C – Property Survey
Exhibit D – Applicant Narrative
Thomas and Lori Peterson Variance
April 21, 2016 Planning Commission Meeting
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PLANNING ANALYSIS
Section 11-6-5 of the Zoning Ordinance lists seven criteria that must be met for all variance
requests. The Peterson’s were asked to address the seven criteria with the submittal of their
variance application. Their review is included in the attached narrative (Exhibit D). The seven
criteria and staff’s response are as follows:
A. That the variance would be consistent with the Comprehensive Plan.
The Peterson’s property is located in Planning District 2 of the Comprehensive Land Use
Plan. The Comprehensive Plan attempts to maintain and enhance the residential
character of the area. The existing privacy fence is consistent with this attempt.
B. That the variance would be in harmony with the general purposes and intent of this
title (the Zoning Ordinance).
Section 11-6 cites instances where practical difficulties to existing buildings or property are
created as a result of public action. The CSAH 50/60 improvement project impacted
existing properties in the area due to the expansion of the roadway. Variances have been
granted in similar situations in other areas of the city. The privacy fencing installed along
Cedar Avenue (CSAH 23) by Dakota County in conjunction with the Cedar Avenue BRT
improvements in 2011 included an increased height to meet federal funding requirements.
In addition, there are three corner lots along Cedar Avenue where the privacy fence extends
past the front of the house.
C. That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
There is one other corner lot abutting 185th Street in this area (in the northeast corner of
185th Street and Jamaica Path) where the side of the house is in close proximity to the 185th
Street right-of-way. This lot is located east of the Peterson’s lot and is outside of the 2015
improvement project area.
D. That the purpose of the variance is not exclusively economic considerations.
The Peterson’s state that the purpose of the variance is due to the loss of privacy that
resulted from the widening of 185th Street and the removal of existing trees and shrubs
adjacent to their house in conjunction with the CSAH 50/60 improvement project.
E. That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
Thomas and Lori Peterson Variance
April 21, 2016 Planning Commission Meeting
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While the privacy fence extends past the front of the house, it is located in the side yard
abutting an arterial street and does not substantially alter the character of the surrounding
neighborhood.
F. That the requested variance is the minimum action required to eliminate the practical
difficulty.
The privacy fence extends approximately 20 feet past the front of the house to provide
privacy and a noise buffer lost when the mature trees were removed with the CSAH 50/60
improvement project.
G. Variances may not be approved for any use that is not allowed under this title for
property in the zone where the affected person’s land is located.
Fences are an allowed accessory use for single family homes in the RS-3 District.
RECOMMENDATION
Planning Department staff recommends approval of the Peterson variance. Findings of fact in
support of the variance request are attached.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
PETERSON VARIANCE
FINDINGS OF FACT AND RECOMMENDATION
On April 21, 2016, the Lakeville Planning Commission met at its regularly scheduled meeting to consider
the application of Thomas and Lori Peterson for a variance to allow a six foot tall privacy fence to be
located in the front yard of a single family lot located at 18490 Jasper Path. The Planning Commission
conducted a public hearing on the variance application 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 subject property is located in Comprehensive Planning District 2 (North Ipava Corridor), which
guides the property for low density residential use.
2. The subject site is currently zoned RS-3, Single Family Residential District.
3. Legal description of the property is:
Lot 8, Block 2, Woodridge Estates Second
4. Chapter 11-6-5 of the City of Lakeville Zoning Ordinance provides that a variance may not be issued
unless certain criteria are satisfied. The criteria and our findings regarding them are:
a. That the variance would be consistent with the Comprehensive Plan.
Finding: The Peterson’s property is located in Planning District 2 of the Comprehensive
Land Use Plan. The Comprehensive Plan attempts to maintain and enhance the
residential character of the area. The existing privacy fence is consistent with this
attempt.
b. That the variance would be in harmony with the general purposes and intent of this
title (the Zoning Ordinance).
Finding: Section 11-6 cites instances where practical difficulties to existing buildings or
property are created as a result of public action. The CSAH 50/60 improvement project
impacted existing properties in the area due to the expansion of the roadway. Variances
have been granted in similar situations in other areas of the city. The privacy fencing
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installed along Cedar Avenue (CSAH 23) by Dakota County in conjunction with the
Cedar Avenue BRT improvements in 2011 included increased height to meet federal
funding requirements. In addition, there are three corner lots along Cedar Avenue where
the privacy fence extends past the front of the house.
c. That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
Finding: There is one other corner lot abutting 185th Street in this area (in the northeast
corner of 185th Street and Jamaica Path) where the side of the house is in close proximity
to the 185th Street right-of-way. This lot is located east of the Peterson’s lot and is outside
of the 2015 improvement project area.
d. That the purpose of the variance is not exclusively economic considerations.
Finding: The Peterson’s state that the purpose of the variance due to the loss of privacy
that resulted from the widening of 185th Street and the removal of existing trees and
shrubs adjacent to their house in conjunction with the CSAH 50/60 improvement project.
e. That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
Finding: While the privacy fence extends past the front of the house, it is located in the
side yard abutting an arterial street and does not substantially alter the character of the
surrounding neighborhood.
f. That the requested variance is the minimum action required to eliminate the practical
difficulty.
Finding: The privacy fence extends approximately 20 feet past the front of the house to
provide privacy and a noise buffer lost when the mature trees were removed with the
CSAH 50/60 improvement project.
g. Variances may not be approved for any use that is not allowed under this title for
property in the zone where the affected person’s land is located.
Finding: Fences are an allowed accessory use for single family homes in the RS-3 District.
5. The report dated April 15, 2016 prepared by Daryl Morey, Planning Director is incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the Peterson variance in the
form attached thereto.
DATED: April 21, 2016
LAKEVILLE PLANNING COMMISSION
BY: __________________________
Jason Swenson, Chair