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HomeMy WebLinkAboutItem 06.j Date: Item No. JON BUYCK VARIANCE Proposed Action Staff recommends adoption of the following motion: Move to approve the Jon Buyck fence variance and adopt the findings of fact as presented. Overview Jon Buyck has submitted a variance application to allow the construction of a seven foot tall privacy fence along the rear lot line of his single family home located at 18561 Jasper Way. The Zoning Ordinance allows privacy fences up to six feet in height to be constructed up to the rear property line on lots platted prior to 1994, and up to eight feet in height if the fence is setback ten feet from the rear property line and five feet from the side lot lines. Mr. Buyck’s fence is proposed to be six feet in height along the side lots lines and seven feet in height along the rear property line. Mr. Buyck has stated that he prefers a privacy fence instead of the option of a sound wall that was presented by Dakota County during discussions held with property owners as part of the CSAH 50/60 roundabout improvement project. The Zoning Ordinance allows for City Council approval of a minor variance created as a result of public action, in this case the CSAH 50/60 improvement project. 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 • Site Plan 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 16, 2016 Zoning Ordinance (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA BUYCK VARIANCE 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a variance to allow a seven foot tall privacy fence to be constructed along the rear property line of a single family home located at 18561 Jasper Way. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 3, Block 1, Lakeview Heights 3. Conditions. The variance is issued subject to the following conditions: a. The fence shall be set back at least one foot from the rear property line. b. The portion of the fence located along the side lot lines shall not exceed six feet in height. DATED: May 16, 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 16th 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 BUYCK VARIANCE FINDINGS OF FACT AND DECISION Jon Buyck has submitted a variance application to allow the construction of a seven foot tall privacy fence set back one foot from the rear lot line of his single family home located at 18561 Jasper Way. Chapter 11-6-7.A.1 of the Zoning Ordinance provides for an expeditious method of processing variance requests which are defined as minor. This variance request is due to practical difficulties resulting from public action, the CSAH 50/60 roundabout improvement project. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is located in Comprehensive Planning District 5 (Central Area Heritage Commons), 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 3, Block 1, Lakeview Heights 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 subject property is guided by the Comprehensive Land Use Plan for low density residential use. The proposed privacy fence is consistent with the single family land uses in the surrounding area. b. That the variance would be in harmony with the general purposes and intent of this title (the Zoning Ordinance). 2 Finding: Section 11-6-7.A.1.b.(1) of the Zoning Ordinance 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. c. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: There are three other single family homes on Jasper Way that back up to CSAH 60 that could request a variance for fence height along their rear lot line. The need for the fence variance was created by the CSAH 50/60 improvement project, not by the landowner. d. That the purpose of the variance is not exclusively economic considerations. Finding: The variance request 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 the single family lots 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: The seven foot tall privacy fence will 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 seven foot tall privacy fence will provide privacy and a noise buffer lost when the trees and shrubs adjacent to the subject property were removed with the CSAH 50/60 improvement project. The property owner could have requested Dakota County install a 15 foot tall sound barrier instead. 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. 3 Finding: Fences are an allowed accessory use for single family homes in the RS-3 District. 5. The report dated May 16, 2016 prepared by Daryl Morey, Planning Director is incorporated herein. DECISION The City Council approves the Buyck variance in the form attached thereto. DATED: May 16, 2016 CITY OF LAKEVILLE BY: __________________________ Matt Little, Mayor BY: __________________________ Charlene Friedges, City Clerk