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HomeMy WebLinkAboutItem 05City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP Associate Planner Date: July 15, 2016 Subject: Packet Material for the July 21, 2016 Planning Commission Meeting Application Action Deadline: September 14, 2016 Agenda Item: Lynch Conditional Use Permit INTRODUCTION Brian Lynch has submitted an application for a conditional use permit to allow the construction of a two level, 15 foot tall detached accessory building (garage with upper level recreation room and storage area) on property located at 18486 Jambeau Court that will result in a total accessory building area greater than the maximum 1,500 square feet allowed in the RS-2 District. A building height conditional use permit is not required since the applicant’s architectural drawings demonstrate a total building height of not more than 15 feet, as defined by the Zoning Ordinance. The proposed new detached accessory building would be 30’x30’ (900 square feet), combined with the existing 1,040 square foot attached combination garage/tool room and 276 square foot tuck-under storage area garage for a total accessory building square footage of 2,216 square feet. The applicant’s narrative describes that future plans include converting 323 square feet of the existing 1,040 square foot attached garage to living space accessible from the home and the 276 square foot tuck-under garage space to living space, also accessible from the home. These changes would bring the total accessory building area to 1,617 square feet. The following exhibits are attached for your review: 2 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 (3 Pages) Exhibit F – List of approved conditional use permits for accessory buildings – 1981 to present PLANNING ANALYSIS Existing Conditions. The subject property includes what was the original home on the property platted as the Wyldwood Oaks single family development in 1998. There is no evidence in historic aerial photos of any other pre-existing homes on the subject property that was to included the Wyldwood Oaks development. Adjacent Land Uses. The subject property is zoned RS-2, Single Family Residential District. Adjacent land uses and zoning are as follows: North – Single family homes lot (RS-2 District) East – Single family homes (RS-2 District) South – Wetland, 185th Street and single family homes (RS-2 District) West – Single family homes (R-2 District) 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 23 feet from the rear (east) property line and 23.6 feet from the south (side) property line. The setback from the street is approximately 165 feet from the front property line and approximately four feet below street level. 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 include cement-board lap siding and a cedar shingled roof. The accessory building materials and colors will be consistent with the character of the existing house and other houses in the area. Building Height. A maximum building height of 15 feet is allowed for detached accessory buildings. The total building height, as defined by the Zoning Ordinance, will be approximately 15 feet when measured between average grade elevations at the building foundation to the mid- point to the gable roof. 3 Nearby Homes. The detached accessory building would be located approximately 265 feet from the nearest single family home to the west and north and 230 feet from the house to the east. Existing trees provide screening between the properties. 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, pool equipment and vehicle storage. The upper level will be used for additional storage space and a pool-side recreation room. No home occupation or storage of commercial vehicles or equipment is allowed in any accessory building 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 accessory building will be used to store personal vehicles and equipment including equipment for a future swimming pool. Compliance with this requirement is listed as a stipulation in the recommendation section of this report. 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 cement-board lap siding and a cedar shake roof which will be compatible with the existing single family home and the residential character of the surrounding neighborhood. 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 3.6% 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. 4 The proposed detached accessory building will be in a location with setbacks a considerable distance from any nearby homes and will be compatible with adjacent properties. The building will be sided with cement board siding consistent with the existing house. 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 Lynch conditional use permit to allow total accessory building area in excess of 1,500 square feet in the RS-2 District located at 18486 Jambeau Court subject to the following stipulations: 1. The 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 Brandt Engineering dated April 18, 2016. 2. The detached accessory building shall be constructed with cement board siding and cedar or asphalt roof shingles and to the size and dimensions identified on the plans submitted with the conditional use permit application. Total building height shall not exceed 15 feet, as defined by the Zoning Ordinance. 3. The proposed conversion a of existing portion of the attached accessory building to living space directly accessible from the home as described in the applicant’s narrative and as defined by Building Code, no later than one year after approval of the conditional use permit. 4. 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. 5. A building permit must be approved by the City prior to construction of the new detached accessory building. 6. No sanitary sewer service shall be provided to the detached accessory building and no accessory building shall be used as a dwelling. 5 7. No home occupation shall be permitted within any accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial equipment. ACCESSORY BUILDING CONDITIONAL USE PERMITS Applicant Year Size (sf) Zoning Inside MUSA Parcel Size Lynch 2016 1,617 RS-2 Yes 1.04 acres Durst 2016 1,656 RS-3 Yes 0.73 acres Boecker 2014 +2% Lot Area RA No 1.41 acres Radke 2013 22 feet tall RS-3/Shoreland Yes 0.38 acres Helman 2013 1,614 RS-3 Yes 1.0 acre Lau 2013 2,927 RA No 2.0 acres Sarff 2012 882 RST-2 Yes 0.38 acres Johnson 2010 16,760 RA No 9.6 acres Hellevik 2010 5 Bldgs RA No 10 acres Miler 2008 Exc. 15 ft RS-1 Yes 1.42 acres Goss 2008 4,032 RA No 30 acres Piekauski 2006 1,344 RS-3 Yes 1.60 acres Meyer 2006 1,572 RS-3 Yes 66 acres Rimnac 2005 2,096 RS-2 Yes 7.3 acres Spangler 2005 869 RS-2 Yes 2.3 acres Weinel 2004 1,480 RS-3 Yes 0.69 acres Hanson 2002 576 RS-3 Yes 1.5 acres Drogmuller 2002 2,184 RM-1 No 10 acres Steinman 2002 624 RM-1 Yes 1.4 acres Zeien 2001 1,102 RS-3 Yes 1.5 acres Emond 2001 864 RS-CBD Yes 0.25 acres Riehm 2000 1,310 RM-1 Yes 1.96 acres Graham 2000 1,078 RS-CBD Yes 0.57 acres Jensen 2000 1,470 RS-3 Yes 0.52 acres Laun 2000 952 RS-CBD Yes 0.50 acres Hendrickson 2000 4,452 R-2 Yes 15 acres Pietsch 1999 2,400 R-1 No 22 acres Smith 1999 896 R-3 Yes 0.35 acres Edmonson 1998 864 R-2 Yes 3.0 acres Krebs 1998 2,400 R-1 No 9.1 acres Forland 1998 1,462 R-1 No 5.0 acres Stuke 1998 2,520 R-1 No 20 acres Miller 1996 2,240 R-2 Yes 3.7 acres Menke 1996 1,620 R-2 Yes 15 acres Teal 1996 2,160 R-2 Yes 10 acres Curren 1995 960 R-2 Yes 3.0 acres Cronen 1995 2,396 R-1 No 10 acres Koble 1994 2,400 R-2 Yes 10 acres Goetze 1993 1,232 R-2 Yes 4.3 acres Fenner 1993 936 R-2 Yes 9.5 acres Oster 1992 2,400 R-2 Yes 10 acres Clifford 1990 288 R-1 No 20 acres Moe 1990 1,600 R-2 Yes 2.0 acres Olson 1989 1,728 R-2 Yes 9.4 acres Storlie 1989 1,196 R-1 Yes 3.0 acres Moss 1985 2,000 R-1 Yes - Tangen 1984 1,800 R-2 Yes - Grossman 1983 672 RA Yes - Johnson 1983 3,402 R-1 Yes - Radunz 1983 5,000 R-2 Yes - LaFavor 1983 1,600 R-2 Yes - Harris 1982 900 R-2 Yes - Campbell 1982 400 R-2 Yes - Kalmes 1982 720 R-2 No - Zak 1981 1,632 I-1 No - EXHIBIT F 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA LYNCH CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On July 21, 2016 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Brian Lynch for a conditional use permit to allow total accessory building area greater than 1,500 square feet in the RS-2, Single Family Residential District on property located at 18486 Jambeau Court. 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 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-2, Single Family Residential District. 3. The legal description of the property is: Lots 17, Block 3, Wyldwood Oaks 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: 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 900 square foot detached accessory building and total accessory building area of 1,617 square feet on the 1.04 acre property is consistent with the RS-2 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. 2 Finding: The proposed detached accessory building is compatible with the existing single family uses in the area. 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. 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 July 15, 2016, prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit in the form attached thereto. DATED: July 21, 2016 LAKEVILLE PLANNING COMMISSION BY:_____________________________ Jason Swenson, Chair