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July 5, 2016 Item No. _____
DURST CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Durst conditional use
permit and adopt the findings of fact.
Overview
David Durst, on behalf of Don and Barbara Durst, has submitted an application for a
conditional use permit to allow the construction of a detached accessory building on property
located at 17325 Jersey Way that will result in a total accessory building area greater than the
1,100 square feet allowed in the RS-3 District. The total combined square foot area of the
attached and the proposed detached garage will be 1,659 square feet. The Durst single family
home is located on two combined lots in the Forest Hills subdivision.
The Planning Commission held a public hearing on the conditional use permit application at
their June 16, 2016 meeting and unanimously recommended approval subject to 11 stipulations.
There was public comment from three neighbors concerning building height, use and screening.
Primary Issues to Consider
Does the proposed detached accessory building meet Zoning Ordinance requirements and will it
be compatible with properties in the area? The property consists of two combined platted parcels
totaling nearly three-quarters of an acre. The accessory building will meet setbacks and allowable
height requirements for the RS-3 District given compliance with the stipulations of the conditional
use permit. The proposed accessory building will be compatible with the surrounding single family
neighborhood.
Supporting Information
• Conditional use permit form
• Findings of fact
• Landscape plan
• June 16, 2016 draft Planning Commission meeting minutes
• June 9, 2016 planning report
Financial Impact: $ None Budgeted: Y/N ____ Source: _______________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________
Community Values: _A Home for All Ages and Stages of Life___________________________________
Report Completed By: Frank Dempsey, AICP, Associate Planner________________________________
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 16-___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit to Don and Barbara Durst to allow the construction of a
detached accessory building that will result in a total accessory building area greater than 1,100
square feet in the RS-3, Single Family Residential District on property located at 17325 Jersey
Way.
2. Property. The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
Lots 2 and 3, Block 1, Forest Hills
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) The proposed detached accessory building shall be constructed in the location
identified on the certificate of survey submitted with the conditional use permit
application as prepared by Pioneer Engineering dated May 6, 2016.
b) The detached accessory building shall be constructed with wood siding and asphalt
roof shingles and to the size and height identified on the plans submitted with the
conditional use permit application.
c) The detached accessory building shall be kept, used and maintained in a manner that
is compatible with the existing single family home on the property and shall not
present a hazard to the public health, safety and general welfare.
d) The overhead utility power pole shall be removed and overhead lines from the power
poles serving the property to the house and accessory building shall be buried
underground in compliance with City Code requirements.
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e) A building permit must be approved by the City prior to construction of the new
detached accessory building.
f) Evergreen screening shall be planted between the detached accessory building and the
north and west property lines to provide screening of the accessory building.
g) Approval of an Administrative Permit is required for the two existing driveway
accesses onto Jersey Way.
h) A Zoning Lot Letter shall be recorded against Lots 2 and 3, Block 1, Forest Hills to
combine the two lots for zoning purposes.
i) The existing detached fabric sided accessory building shall be removed prior to
issuance of a building permit for the new detached accessory building.
j) No sanitary sewer service shall be provided to the detached accessory building.
k) No home occupation shall be permitted within an accessory building on the property.
The accessory building shall not be used for the operation of any commercial business
or storage of commercial equipment.
4. Termination of Permit. The City may revoke the 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 use allowed
has not been completed, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
DATED: July 5, 2016
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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The foregoing instrument was acknowledged before me this 5th day of July 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
(SEAL)
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
DURST CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On June 16, 2016 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Don and Barbara Durst for a conditional use permit to
allow total accessory building area greater than 1,100 square feet in the RS-3, Single Family
Residential District on property located at 17325 Jersey Way. 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. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The property is located in Planning District No. 2 of the Comprehensive Plan, which guides
the property for low density residential land use.
2. The property is zoned RS-3, Single Family Residential District.
3. The legal description of the property is:
Lots 2 and 3, Block 1, Forest Hills.
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 and satisfied. The criteria and our findings
regarding them are:
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 proposed 1,080 square foot detached accessory building on the 31,850 square
foot property is consistent with the RS-3 District zoning of the property and the single family
home land use.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The proposed detached accessory building is compatible with the existing single
family uses in the area.
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c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: The detached accessory building will conform with all performance standards
contained in the Zoning Ordinance and the City Code given compliance with the
stipulations of the conditional use permit.
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 by City sanitary sewer and water. The detached
accessory building 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 detached accessory building will not overburden the streets serving the property.
5. The planning report, dated June 9, 2016, prepared by Associate Planner Frank Dempsey is
incorporated herein.
DECISION
The City Council approves the ETS Elite South Metro conditional use permit in the form
attached hereto.
DATED: July 5, 2016
CITY OF LAKEVILLE
BY:_________________________
Matt Little, Mayor
BY:__________________________
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
June 16, 2016
Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Jason Swenson, Vice Chair Brooks Lillehei, Paul Reuvers,
Pat Kaluza, Scott Einck, Karl Drotning, Ex-officio member Nic Stevens
Members Absent: Jason Kelvie
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Daniel Licht, The Planning Company; Alex Jordan, Project Engineer; and Penny Brevig,
Recording Secretary
3. Approval of the Meeting Minutes
The June 2, 2016 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated the following items were distributed at tonight’s meeting:
1. June 15, 2016 Parks, Recreation and Natural Resources Committee draft motion
regarding the Spirit Place at Brandtjen Farm preliminary and final plat.
2. A landscape plan and photo of the proposed evergreen screening for Agenda
Item #5, the Durst CUP.
3. Statement of Operations from PetSmart and a revised planning report from TPC
dated June 15, 2016 for agenda item #7, Spirit Place at Brandtjen Farm. The
planning report has been revised to address PetSmart’s proposal to include pet
sales and pet grooming as part of their proposed retail store.
5. David Durst
Chair Swenson opened the public hearing to consider the application of David Durst
for a conditional use permit (CUP) to allow the construction of a detached accessory
building exceeding the maximum allowable floor area in the RS-3, Single Family
Residential District, located at 17325 Jersey Way.
David Durst, representing Don and Barbara Durst, presented a short overview of
their request. He indicated that the applicant will use the accessory building to store
their boat, four-wheelers, snowmobiles, an antique vehicle and an ice house among
other miscellaneous items.
Planning Commission Meeting Minutes, June 16, 2016 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that David Durst, representing Don and Barbara Durst, submitted an
application for a CUP to allow a 1,080 square foot accessory building in the RS-3
District. Combined with the existing 576 square foot attached garage, they would
have a total accessory building area of 1,659 square feet. 1,100 square feet of total
accessory building area is allowed for interior lots in the RS-3 District, unless a CUP
is approved by the City Council.
There are two non-conformities on the subject property. A fabric-sided shed, which
will be removed, and an overhead utility line and pole, which will be buried
underground in compliance with City Code requirements.
Mr. Dempsey referred to the landscape plan distributed at tonight’s meeting and
showed where the proposed evergreen trees will be located for screening of the
shed from the neighbors.
Setbacks, building appearance and building height all meet the Zoning Ordinance
requirements for an accessory building in the RS-3 zoning district. The accessory
building will be built over an old Frontier Communications easement which Frontier
is not opposed to.
Mr. Dempsey reviewed the criteria for an accessory building CUP, which are listed in
detail in the June 9, 2016 planning report.
Mr. Dempsey stated that Planning Department staff recommends approval of the
Durst conditional use permit and adoption of the Findings of Fact dated June 16,
2016, subject to the 11 stipulations listed in the June 9, 2016 planning report.
Chair Swenson opened the hearing to the public for comment.
Bob Nehls, 10410 173rd Ct. W.; Bob Nentl, 17355 Jersey Way; Lori Mousel 17266
Jasper Way
All three residents had concerns about the size of the proposed accessory building,
screening, and use of the building. Ms. Mousel asked whether the current driveway
was in the wetland.
Motion was made by Reuvers, seconded by Drotning to close the public
hearing at 6:15 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
The Planning Commission agreed that the proposed accessory building meets the
CUP performance standards of the Zoning Ordinance and the stipulations listed in
the June 9, 2016 planning report are appropriate. They appreciated that the
Planning Commission Meeting Minutes, June 16, 2016 Page 3
applicant has agreed to install the landscape screening even though it is not
required by the Zoning Ordinance.
Motion was made by Lillehei, seconded by Einck to recommend to City Council
approval of the David Durst conditional use permit to allow the construction of a
detached accessory building exceeding the maximum allowable floor area in the RS-
3, Single Family Residential District, located at 17325 Jersey Way, and adoption of
the Findings of Fact dated June 16, 2016, subject to the following stipulations:
1. The proposed detached accessory building shall be constructed in the
location identified on the certificate of survey submitted with the conditional
use permit application as prepared by Pioneer Engineering dated May 6,
2016.
2. The detached accessory building shall be constructed with wood siding and
asphalt roof shingles and to the size and height identified on the plans
submitted with the conditional use permit application.
3. The detached accessory building shall be kept, used and maintained in a
manner that is compatible with the existing single family home on the property
and shall not present a hazard to the public health, safety and general
welfare.
4. The overhead utility power pole shall be removed and overhead lines from the
power poles serving the property to the house and accessory building shall be
buried underground in compliance with City Code requirements.
5. A building permit must be approved by the City prior to construction of the
new detached accessory building.
6. Evergreen screening shall be planted between the detached accessory
building and the north and west property lines to provide screening of the
accessory building. A landscape plan shall be submitted prior to City Council
consideration of the conditional use permit.
7. Approval of an Administrative Permit is required for the two existing driveway
accesses onto Jersey Way.
8. A Zoning Lot letter shall be recorded against Lots 2 and 3, Block 1, Forest
Hills to combine the two lots for zoning purposes.
9. The existing detached fabric sided accessory building shall be removed prior
to issuance of a building permit for the new detached accessory building.
10. No sanitary sewer service shall be provided to the detached accessory
building.
11. No home occupation shall be permitted within an accessory building on the
property. The accessory building shall not be used for the operation of any
commercial business or storage of commercial equipment.
Ayes: Einck, Lillehei, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP
Associate Planner
Date: June 9, 2016
Subject: Packet Material for the June 16, 2016 Planning Commission Meeting
Application Action Deadline: July 25, 2016
Agenda Item: Durst Conditional Use Permit
INTRODUCTION
David Durst, representing Don and Barbara Durst, has submitted an application for a
conditional use permit to allow the construction of a detached accessory building on property
located at 17325 Jersey Way that will result in a total accessory building area greater than the
maximum 1,100 square feet allowed in the RS-3 District. The proposed detached accessory
building would be 1,080 square feet, combined with the existing 576 square foot attached garage
for a total accessory building area of 1659 square feet.
The following exhibits are attached for your review:
Exhibit A – Location/Zoning Map
Exhibit B – Aerial Photo Map (2 Pages)
Exhibit C – Applicant Narrative
Exhibit D – Certificate of Survey
Exhibit E – Building Floor Plan and Elevations
Exhibit F – List of approved conditional use permits for accessory buildings – 1981 to present
Exhibit G – Email from Frontier Communications dated May 26, 2016
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PLANNING ANALYSIS
Adjacent Land Uses. The subject property is zoned RS-3, Single Family Residential District.
Adjacent land uses and zoning are as follows:
North – Single family home lot and wetland (RS-3 District)
East – Single family home (RS-3 District)
South – Jersey Way and single family homes (RS-3 District)
West – Single family home (R-3 District)
Non-Conformities. There are two driveway accesses onto the property. Historic aerial photos
indicate that the two driveways have existed since at least 1991. The Zoning Ordinance allows
more than one driveway access subject to approval of an Administrative Permit. Staff will
approve an administrative permit for the two driveways following City Council approval of the
conditional use permit.
A fabric sided detached accessory building is located behind the house. This accessory building
shall be removed prior to issuance of the building permit for the new accessory building.
An overhead utility line and pole are located on the property that provides electric power to the
houses in the vicinity. The overhead utility power pole shall be removed and overhead lines from
the power poles serving the property to the house and accessory building shall be buried
underground in compliance with City Code requirements.
Setbacks. The minimum setback for the detached accessory building from the side and rear lot
lines is 10 feet. The proposed building will be set back 11 feet from the rear and side property
lines and 83 feet from the front property line. The building will not be located in a drainage and
utility easement.
Appearance. The Zoning Ordinance requires that the same or similar quality and scale exterior
building materials shall be used in the new garage as is used in the principal building. The
proposed accessory building will be wood frame construction with an asphalt shingled roof. The
building exterior will match the painted wooden batten siding on the house. The accessory
building materials and colors will be consistent with the character of the existing house and other
houses in the area.
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Building Height. A maximum building height of 15 feet is allowed for detached accessory
buildings. The proposed building will be 14 feet tall when measured from average height
between the front and rear grades to the mid-point of the gable roof. The building facing Jersey
Way would be 17 feet from the ground to the mid-point of the gable roof. The north side of the
building would be 11 feet measured in the same manner.
Nearby Homes. The detached accessory building would be located approximately 53 feet from
the single family home to the north and 42 feet from the house to the west. Existing trees provide
screening between the two properties.
Telephone Easement. A telephone easement is located on the property in the location where the
detached garage is proposed to be constructed. The easement is under the control of Frontier
Communications, who has indicated they do not oppose construction of the proposed accessory
building over the easement.
CONDITIONAL USE PERMIT ANALYSIS
The Zoning Ordinance allows the accessory building area requirement to be exceeded by
conditional use permit subject to the following criteria as listed in Section 11-18-5:
A. There is a demonstrated need and potential for continued use of the structure for the
purpose stated.
The property owner has indicated a need for the proposed accessory building for the storage of
personal yard maintenance and recreational vehicle equipment. The building is being
designed to be constructed into the grade north and west of the building. The building will
have 10 foot tall overhead doors. The applicant indicates that the building will be used to
store personal yard maintenance equipment, personal vehicles and recreational equipment.
No home occupation or storage of commercial vehicles or equipment is allowed on the
property.
B. No accessory building or private garage shall be utilized for all or a portion of a home
occupation, for commercial activities or for commercial storage.
The applicant indicates that the building will be used to store personal, non-commercial
equipment. Compliance with this requirement is listed as a stipulation in the
recommendation section of this report.
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C. The accessory building has an evident reuse or function related to a single-family
residential environment in urban service areas or hobby farm environment in
nonurban service areas of the city.
The proposed detached accessory building will be constructed with wood siding compatible
with the existing single family home and the residential character of the surrounding
neighborhood.
A Zoning Lot Letter shall be recorded against the property for zoning purposes to ensure that
Lots 2 and 3, Block 1, Forest Hills are formally combined into a single parcel.
The proposed accessory building will be slightly larger but fairly consistent with other similar
approved conditional use permits in the city. Attached Exhibit F is a list of accessory
building conditional use permits approved since 1981. The total accessory building area will
be only 5.2% of the area of the oversized single family lot.
D. Detached accessory buildings shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public health, safety and
general welfare.
The proposed detached accessory building will be in a location compatible with adjacent
properties. The building will be sided with painted wood siding consistent with the existing
house. There is no screening along the west property line since trees have been removed
prior to construction of the proposed accessory building. Evergreen trees shall be planted
between the detached accessory building and the north and west property lines.
E. The performance standards and criteria of section 11-4-7 of this title shall be
considered and a determination made that the proposed activity is in compliance with
such criteria.
The provisions of section 11-4-7 of the Zoning Ordinance (Conditional Use Permits) have
been considered and satisfactorily met. Please refer to the attached findings of fact.
RECOMMENDATION
Planning Department staff recommends approval of the Durst conditional use permit to allow
total accessory building area in excess of 1,100 square feet in the RS-3 District located at 17325
Jersey Way subject to the following stipulations:
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1. The proposed detached accessory building shall be constructed in the location identified
on the certificate of survey submitted with the conditional use permit application as
prepared by Pioneer Engineering dated May 6, 2016.
2. The detached accessory building shall be constructed with wood siding and asphalt roof
shingles and to the size and height identified on the plans submitted with the conditional
use permit application.
3. The detached accessory building shall be kept, used and maintained in a manner that is
compatible with the existing single family home on the property and shall not present a
hazard to the public health, safety and general welfare.
4. The overhead utility power pole shall be removed and overhead lines from the power
poles serving the property to the house and accessory building shall be buried
underground in compliance with City Code requirements.
5. A building permit must be approved by the City prior to construction of the new
detached accessory building.
6. Evergreen screening shall be planted between the detached accessory building and the
north and west property lines to provide screening of the accessory building. A landscape
plan shall be submitted prior to City Council consideration of the conditional use permit.
7. Approval of an Administrative Permit is required for the two existing driveway accesses
onto Jersey Way.
8. A Zoning Lot Letter shall be recorded against Lots 2 and 3, Block 1, Forest Hills to
combine the two lots for zoning purposes.
9. The existing detached fabric sided accessory building shall be removed prior to issuance
of a building permit for the new detached accessory building.
10. No sanitary sewer service shall be provided to the detached accessory building.
11. No home occupation shall be permitted within an accessory building on the property.
The accessory building shall not be used for the operation of any commercial business or
storage of commercial equipment.
P/OS
RM-1
RS-2
RS-3
RS-3
RS-3
P/OSRS-3
P/OS
P/OS
RS-3
175TH ST W175TH ST W
173RDST W
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EXHIBIT A