HomeMy WebLinkAboutItem 06.e
August 1, 2016 Item No. _____
LYNCH CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Lynch conditional use
permit and adopt the findings of fact.
Overview
Brian Lynch has submitted an application for a conditional use permit to allow the construction
of a detached accessory building on property located at 18486 Jambeau Court that will result in a
total accessory building area greater than the 1,500 square feet allowed in the RS-2 District. The
total combined square foot area of the attached and the proposed detached garage will be 1,617
square feet. The Lynch single family home is located on a one acre lot in the Wyldwood Oaks
subdivision.
The Planning Commission held a public hearing on the conditional use permit application at
their July 21, 2016 meeting and unanimously recommended approval subject to seven
stipulations. There was no public comment.
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 is one acre in size. The proposed
accessory building is located more than 200 feet from other homes in the area. The accessory
building will meet setbacks and allowable height requirements for the RS-2 District. The proposed
accessory building will be compatible with the surrounding single family neighborhood.
Supporting Information
• Conditional use permit form
• Findings of fact
• July 21, 2016 draft Planning Commission meeting minutes
• July 15, 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- 08
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby
grants a conditional use permit to Brian Lynch to allow the construction of a detached accessory
building that will result in a total combined accessory building area greater than 1,500 square feet in
the RS-2, Single Family Residential District on property located at 18486 Jambeau Court.
2. Property. The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
Lot 17, Block 3, Wyldwood Oaks
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) 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.
b) 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.
c) 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.
d) 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.
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e) A building permit must be approved by the City prior to construction of the new
detached accessory building.
f) No sanitary sewer service shall be provided to the detached accessory building and no
accessory building shall be used as a dwelling.
g) 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.
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: August 1, 2016
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 1st day of August 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
LYNCH CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
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. 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-2, Single Family Residential District.
3. The legal description of the property is:
Lot 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 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.
b. 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.
c. 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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d. 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.
e. 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.
f. 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.
DECISION
The City Council approves the Brian Lynch conditional use permit in the form attached
hereto.
DATED: August 1, 2016
CITY OF LAKEVILLE
BY:_______________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
City 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:
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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.
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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.
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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.
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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