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HomeMy WebLinkAboutItem 06.e May 1, 2017 Item No. _____ BERRES CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the Richard Berres conditional use permit and adopt the findings of fact. Overview Rick Berres has submitted an application for a conditional use permit to allow the construction of a detached accessory building resulting in a total accessory building area greater than 1,100 square feet in area and a detached accessory building greater than 15 feet in height, on property zoned RS-3, Single Family Residential District and located at 19848 Highview Avenue. The proposed detached accessory building would include a 72’ x 44’ storage area and a 20’ x 20’ recreation room for a total of 3,568 square feet. Including the 672 square foot attached garage, the total accessory building area will be 4,240 square feet. The application narrative describes the request and the proposed use of the accessory building. The Planning Commission held a public hearing on the conditional use permit application at their April 20, 2017 meeting and unanimously recommended approval subject to eight 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? The Berres property is 10 acres in size. The proposed accessory building is located more than 300 feet from other existing homes or future homes to the south or east of the property. The accessory building will meet setback requirements for the RS-3 District. The proposed accessory building will be compatible with the other single family homes in the area. Supporting Information • Conditional use permit form • Findings of fact • April 20, 2017 draft Planning Commission meeting minutes • April 14, 2017 planning report 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: Frank Dempsey, AICP, Associate Planner None Zoning Ordinance (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 17- ___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit to Richard Berres 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 19848 Highview Avenue. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: The south 339.04 feet of the north 504.04 feet of the SW ¼ of the SW 1/4 of Section 21, Township 114, Range 20, EXCEPT that part described as follows: Commencing at the intersection of the east line of the west 507 feet of said SW ¼ of the SW ¼ in said Section 21 and the south line of the north 165 feet of said SW 1/4 of the SW 1/4 ; thence North 89 degrees 06 minutes 27 seconds East, along said south line, a distance of 129.99 feet to the point of beginning; thence South 00 degrees 53 minutes 33 seconds East a distance of 20.00 feet; thence North 89 degrees 06 minutes 27 seconds East a distance of 71.29 feet; thence North 00 degrees 53 minutes 33 seconds West a distance of 20.00 feet to said south line; thence South 89 degrees 06 minutes 27 seconds West along said south line a distance of 71.29 feet to the point of beginning. 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The combination of Parcels #22-02100-53-011 and #22-02100-51-013 shall occur prior to issuance of a building permit for the new detached accessory building. b) The detached accessory building shall be constructed in the location identified on the certificate of survey dated March 29, 2017. c) The detached accessory building shall be constructed with the materials noted on the approved conditional use permit plans including residential grade siding and roof materials. Total building height shall not exceed 18 feet, as defined by the Zoning Ordinance. 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. 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 the detached accessory building shall not be used as a dwelling. g) No home occupation or other commercial use shall occur in any accessory building on the property. The detached accessory building shall not be used for the operation of any commercial business or storage of commercial materials or equipment. h) The detached accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. 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: May 1, 2017 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor BY: ________________________ Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this 1st day of May 2017, by Douglas P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. _______________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RICHARD BERRES CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On April 20, 2017 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Richard Berres for a conditional use permit to allow total accessory building area greater than 1,100 square feet and a detached accessory building greater than 15 feet in height in the RS-3, Single Family Residential District on property located at 19848 Highview Avenue. 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. 5 of the 2008 Comprehensive Plan, which guides the property for low density residential uses. 2. The property is currently zoned RS-3, Single Family Residential District. 3. The legal description of the property is: The south 339.04 feet of the north 504.04 feet of the SW ¼ of the SW 1/4 of Section 21, Township 114, Range 20, EXCEPT that part described as follows: Commencing at the intersection of the east line of the west 507 feet of said SW ¼ of the SW ¼ in said Section 21 and the south line of the north 165 feet of said SW 1/4 of the SW 1/4 ; thence North 89 degrees 06 minutes 27 seconds East, along said south line, a distance of 129.99 feet to the point of beginning; thence South 00 degrees 53 minutes 33 seconds East a distance of 20.00 feet; thence North 89 degrees 06 minutes 27 seconds East a distance of 71.29 feet; thence North 00 degrees 53 minutes 33 seconds West a distance of 20.00 feet to said south line; thence South 89 degrees 06 minutes 27 seconds West along said south line a distance of 71.29 feet to the point of beginning. 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: 2 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 existing single family home and proposed detached accessory building is consistent with the 2030 Land Use Plan and District 5 recommendations of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Provided compliance with the conditional use permit, the proposed detached accessory building will be compatible with existing and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, 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 subject property lies within in the current MUSA. The property is served with private 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 April 14, 2017 prepared by Associate Planner Frank Dempsey is incorporated herein. DECISION The City Council approves the Richard Berres conditional use permit in the form attached thereto. 3 DATED: May 1, 2017 CITY OF LAKEVILLE BY:_______________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 20, 2017 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, Karl Drotning, Scott Einck, Jason Kelvie, Pat Kaluza, Elizabeth Bakewicz, Ex-officio Member Mike Lamm Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 6, 2017 Planning Commission meeting minutes were approved as presented. The April 6, 2017 Planning Commission/City Council joint work session meeting minutes were approved as presented. 4. Announcements Mr. Morey stated the following items were distributed to the Planning Commission at tonight’s meeting: • E-mails in response to Agenda Item 7, Zoning Ordinance amendment Mr. Morey reminded the Planning Commissioners to sign up to attend the upcoming 2018 Comprehensive Plan public meetings starting April 25th. Mr. Morey welcomed our new Ex-officio member Mike Lamm to the Planning Commission. Chair Swenson also welcomed Officer Lamm. 5. Richard Berres Chair Swenson opened the public hearing to consider the application of Richard Berres for a conditional use permit to allow the construction of a detached accessory building exceeding the maximum allowable floor area and maximum building height in the RS-3, Single Family Residential District located at 19848 Highview Avenue. Richard Berres presented an overview of his project. Mr. Berres commented that they have run their family dairy farm in Lakeville since 1962. They have started to develop their land now so the existing farm buildings will be removed soon. He is requesting Planning Commission Meeting Minutes, April 20, 2017 Page 2 approval of the proposed detached accessory building because they need a place to keep some of the current farm equipment after the existing farm buildings are removed. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Richard Berres has submitted an application for a conditional use permit (CUP) to allow the construction of a detached accessory building greater than 1,100 square feet in area and building height greater than 15 feet in the RS-3 District. The applicant is proposing a storage area and a recreation room for a total 3,568 square foot accessory building. The building would be used to store his small machinery that he uses to maintain his property. Mr. Dempsey described the existing conditions of the property. When the property was subdivided in 2000 a stipulation required that a small notch of property along the north property line be deeded to the property owner to the north to eliminate an accessory building encroachment. The notch of property was subdivided but the combination with the property to the north did not occur. Mr. Dempsey stated that the lot combination must occur prior to issuance of a building permit for the new accessory building. Mr. Dempsey stated that the existing driveway is unpaved and considered legal non- conforming. The accessory building will be located behind the house. Staff supports the driveway extension to serve the accessory building be gravel to match the existing driveway. The proposed driveway will not interfere with the private sanitary sewer system located south of the house. A stipulation of the CUP requires the detached accessory building be removed from the subject property when the subject property is subdivided into additional residential lots. Mr. Dempsey reviewed the criteria for a CUP for an accessory building, which are listed in the April 14, 2017 planning report. Mr. Dempsey stated that staff recommends approval of the Richard Berres CUP subject to the 8 stipulations listed in the April 14, 2017 planning report, and approval of the Findings of Fact dated April 20, 2017. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Lillehei to close the public hearing at 6:11 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: Planning Commission Meeting Minutes, April 20, 2017 Page 3 • The Planning Commission likes the orientation of the proposed accessory building and appreciated that Mr. Dempsey provided an updated list of CUP requests for accessory buildings that have been approved in the past. • Mr. Dempsey stated that the original farm buildings will be removed in Phase Three of the Berres Ridge development. Mr. Dempsey confirmed that the City prefers to see these types of buildings removed when the land use changes from farming to residential. Motion was made by Drotning, seconded by Einck to recommend to City Council approval of the Richard Berres conditional use permit to allow the construction of a detached accessory building exceeding the maximum allowable floor area and maximum building height in the RS-3, Single Family Residential District located at 19848 Highview Avenue subject to the following stipulations, and adoption of the Findings of Fact dated April 20, 2017: 1. The combination of Parcels #22-02100-53-011 and #22-02100-51-013 shall occur prior to issuance of a building permit for the new accessory building. 2. The detached accessory building shall be constructed in the location identified on the certificate of survey dated March 29, 2017. 3. The detached accessory building shall be constructed with materials noted on the approved conditional use permit plans including residential grade siding and roof materials. Total building height shall not exceed 18 feet, as defined by the Zoning Ordinance. 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 the detached accessory building shall not be used as a dwelling. 7. No home occupation or other commercial use shall occur in any accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial materials or equipment. 8. The detached accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. Ayes: Kelvie, Einck, Lillehei, Swenson, Bakewicz, Kaluza, Drotning Nays: 0 6. Sandi Raines Chair Swenson opened the public hearing to consider the application of Sandi Raines for a variance for a deck structure setback from the Orchard Lake Ordinary High Water Level (OHWL) and for total impervious surface area on the property located at 12245 – 175th Street. City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP Associate Planner Date: April 14, 2017 Subject: Packet Material for the April 20, 2017 Planning Commission Meeting Agenda Item: Richard Berres Conditional Use Permit Application Action Deadline: May 28, 2017 INTRODUCTION Rick Berres has submitted an application for a conditional use permit to allow the construction of a detached accessory building resulting in a total accessory building area greater than 1,100 square feet in area and building height greater than 15 feet, on property located at 19848 Highview Avenue. The proposed detached accessory building would include a 72’ x 44’ storage area and a 20’ x 20’ recreation room for a total of 3,568 square feet. Including the 672 square foot attached garage, the total accessory building area will be 4,240 square feet. The application narrative describes the request and the proposed use of the accessory building. The following exhibits are attached for your review: Exhibit A – Location/Zoning Map Exhibit B – Aerial Photo Map Exhibit C – Applicant Narrative Exhibit D – Certificate of Survey Exhibit E – Building Floor and Elevation Plan (2 Pages) Exhibit F – Berres Ridge Ghost Plat, including the subject Berres parcel Exhibit G – List of approved conditional use permits for accessory buildings – 1981 to present PLANNING ANALYSIS Existing Conditions. The subject property is 10.14 acres in area and includes a single family home constructed in 2001. The property was subdivided by approval of an administrative subdivision in 2000. The parent parcel of the property was the Berres farm which is now partially platted and developed as the Berres Ridge single family development and the St. John’s Lutheran Church property at 202nd Street (CSAH 50) developed in 2007. Aside from Mr. Berres’s single family home property, the Berres family continues to own and maintain approximately 100 acres over five parcels north of 202nd Street and west of Hamburg Avenue. When the subject property was subdivided in 2000, a stipulation required that the small (71’ x 20’) notch of property along the north property line be deeded to the property owner to the north to eliminate the encroachment of the neighbor’s existing storage shed onto the Berres property. The notch of property was subdivided but the combination with the property to the north did not occur. The lot combination shall occur prior to issuance of a building permit for the new accessory building. 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 homes (RS-3) East – Undeveloped, planned for future single family homes in Berres Ridge (RS-3) South – Under development for single family homes in Berres Ridge 2nd Addition (RS-3) West – Highview Avenue and single family home lots (RS-3) Setbacks. The minimum setback for the detached accessory building from the side and rear lot lines is 10 feet. The proposed building will be located behind the house and will be set back 45 feet from the side (north) property line, 197 feet from the south (side) property line and 550 feet from the rear (east) property line. Accessory Building Use. The applicant’s narrative states that the new accessory building will be used to store maintenance equipment and agricultural machinery and other personal related items. A stipulation of the conditional use permit will require that no commercial use or storage of commercial materials or equipment occur in the accessory building as required by the Zoning Ordinance. 2 Screening. A staggered row of evergreen trees is currently located along the north boundary of the subject property which provides screening for the single family home to the north. Future Highview Avenue and Hexham Way. Highview Avenue is an unimproved gravel surface road that serves the subject property, two properties to the west and two properties to the north. As development occurs to the east, north and on the subject property, Highview Avenue could eventually be decommissioned adjacent to the subject property and a future road will then bisect the subject Berres property east and west as shown on Exhibit F. Hexham Way will extend through the subject property north and south. Driveway. The existing driveway is unpaved and is considered legal non-conforming as a pre- existing condition from when the property was agricultural property located outside the MUSA. Since Highview Avenue is not anticipated to be improved in the future and since the existing driveway is not paved, staff supports the driveway extension to serve the accessory building be gravel to match the existing driveway. The accessory building will be located behind the house and will be accessed by a gravel driveway with a slope not to exceed 10% as required by the Zoning Ordinance. The proposed driveway will not interfere with the private sanitary sewer system located south of the house. Future Development of the Subject Parcel. Due to future plans for subdivision of the subject property as shown on the ghost plat and the incompatibility of a detached accessory building of this size in a developed single family residential neighborhood, a stipulation of the conditional use permit requires the detached accessory building be removed from the subject property when the subject property is subdivided additional residential lots. Appearance. The Zoning Ordinance requires that the same or similar quality and scale exterior building materials shall be used in the new accessory building as is used in the principal building. The proposed accessory building will include board and batten Smart Side (composite) siding and asphalt shingles, with colors consistent with the architecture of the single family home on the property. Building Height. A maximum building height of 15 feet is allowed for detached accessory buildings in the RS-3 District. The total building height, as defined by the Zoning Ordinance, will be approximately 18 feet which requires approval of a conditional use permit. Sanitary Sewer. Private sanitary sewer serves the existing house. No sanitary sewer is proposed or allowed to the accessory building. CONDITIONAL USE PERMIT ANALYSIS 3 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 maintenance equipment and for use of a personal recreation room. 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. No home occupation or storage of commercial vehicles or equipment is allowed in any accessory building on the property. 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 accessory building will be slightly larger but fairly consistent with other similar approved conditional use permits in the city on a 10 acre parcel. Attached Exhibit G is a list of accessory building conditional use permits approved since 1981. The total accessory building area will be less than 1% of the area of the property. 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 on the property that is set back a considerable distance from any nearby homes and will be compatible with adjacent properties. 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 4 Planning Department staff recommends approval of the Berres conditional use permit to allow total accessory building area in excess of 1,100 square feet and building height greater than 15 feet in height in the RS-3 District located at 19848 Highview Avenue subject to the following stipulations: 1. The combination of Parcels #22-02100-53-011 and #22-02100-51-013 shall occur prior to issuance of a building permit for the new accessory building. 2. The detached accessory building shall be constructed in the location identified on the certificate of survey dated March 29, 2017. 3. The detached accessory building shall be constructed with the materials noted on the approved conditional use permit plans including residential grade siding and roof materials. Total building height shall not exceed 18 feet, as defined by the Zoning Ordinance. 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 the detached accessory building shall not be used as a dwelling. 7. No home occupation or other commercial use shall occur in any accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial materials or equipment. 8. The detached accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. 5 RA RS-3 RS-3 RS-3 PUDP/OS RM-2 RS-4 RS-3 200TH ST W HAMBURG AVE202ND ST W HARVESTDRHARNESSAVEHOLD I NGFORDWAYHIGHVIEWAVE197TH ST W HEATHAVEHEXHAMWAYH E NNING AVE HIBBI N G W A Y HER IT AGEDR195TH ST W HIGHVIEW AVEHEA R THCTHALOAVE1 99TH CTW HOLT AVEH OLISTER LN 194TH ST W BERRES CUP Ü EXHIBIT A 19848 Highview Avenue Property Information April 3, 2017 0 875 1,750437.5 ft 0 270 540135 m 1:9,600 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. EXHIBIT B EXHIBIT C 10.26 ACRE PARCEL10.00 W/O RIGHT OF WAY(RICK BERRES)PROPOSED GARAGEFF=1071.2458' HIGH STAGGERED SPRUCETREES ALONG SOUTHERLYAND WESTERLY SIDEPROPOSED GRAVELDRIVE (10% SLOPE)EXHIBIT D