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HomeMy WebLinkAboutItem 06.g Date: Item No. THOMAS AND LORI PETERSON VARIANCE Proposed Action Staff recommends adoption of the following motion: Move to approve the Peterson fence variance and adopt the findings of fact. Overview 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 lot located at 18490 Jasper Path. Planning staff approved a zoning permit last summer to allow the Petersons to construct a new six foot tall privacy fence along their south side property line abutting 185th Street. The survey submitted by the Petersons with the zoning permit showed the privacy fence extending past the front of the house. The Zoning Ordinance requires the portion of the fence extending past the front of the house to be a maximum of four feet in height and a minimum of 75% open (i.e. chain link). The new fence replaced a six foot tall privacy fence that had to be removed due to the improvements associated with the CSAH 50/60 roundabout improvement project. The old privacy fence did not extend past the front of the house. The Petersons state the reason they extended the new privacy fence into their front yard was to re-gain privacy lost with the removal of trees and shrubs along their south lot line due to the CSAH 50/60 improvement project. The Planning Commission held a public hearing on the variance application at their April 21, 2016 meeting and unanimously recommended approval. There was no public comment. Planning Department staff recommends approval of this variance request due to the practical difficulty created as a result of the CSAH 50/60 improvement project and because the request meets the criteria listed in Chapter 11-6-5 of the Zoning Ordinance. Primary Issues to Consider None Supporting Information • Variance Form • Findings of Fact • April 21, 2016 draft Planning Commission meeting minutes • Two e-mails from neighbors supporting the variance • April 15, 2016 planning report (revised April 21, 2016) Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Daryl Morey, Planning Director May 2, 2016 Zoning Ordinance (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA PETERSON VARIANCE 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a variance to allow a six foot tall privacy fence to be located in the front yard of a single family corner lot located at 18490 Jasper Path. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 8, Block 2, Woodridge Estates Second 3. Conditions. The variance is issued subject to the following condition: a. The portion of the fence located in front of the house cannot be expanded unless it complies with Zoning Ordinance requirements. DATED: May 2, 2016 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2016, 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 STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing variance is a true and correct copy of the variance presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 2nd day of May, 2016 as shown by the minutes of said meeting in my possession. _______________________ Charlene Friedges, City Clerk (SEAL) DRAFTED BY: The City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA PETERSON VARIANCE FINDINGS OF FACT AND DECISION 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 corner 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. The City Council hereby adopts the following: 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 property is 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). 2 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 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 CSAH 50/60 improvement project area. d. That the purpose of the variance is not exclusively economic considerations. Finding: The Petersons 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. 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 25 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. 3 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 (revised April 21, 2016) prepared by Daryl Morey, Planning Director is incorporated herein. DECISION The City Council approves the Peterson variance in the form attached thereto. DATED: May 2, 2016 CITY OF LAKEVILLE BY: __________________________ Matt Little, Mayor BY: __________________________ Charlene Friedges, City Clerk City of Lakeville Planning Department Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: April 15, 2016 (revised April 21, 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 2 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 3 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 subject to the following stipulation: 1. The portion of the fence located in front of the house cannot be expanded unless it complies with Zoning Ordinance requirements. Findings of fact in support of the variance request are attached.