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HomeMy WebLinkAboutItem 06City of Lakeville Planning Department Memorandum To: Planning Commission From: Brent Jones, Planning Assistant/Code Enforcement Technician Date: May 26, 2017 Subject: Packet Material for the June 1, 2017 Planning Commission Meeting Agenda Item: Michael Barnett Conditional Use Permit Application Action Deadline: July 3, 2017 INTRODUCTION Michael Barnett has submitted an application and plans for a conditional use permit to allow an expansion of an existing non-conforming single family home located at 20068 Italy Ave. The property is zoned RS-3, Single Family Residential District and is located within the Shoreland Overlay District of Lake Marion. The existing house has a non-conforming setback from the northerly side yard property line. The Zoning Ordinance allows additions and expansions to non-conforming structures in the Shoreland Overlay District subject to the approval of a conditional use permit provided the addition meets all setback requirements and any existing non-conformities are removed where possible. EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Certificate of Survey D. Architectural Plans (8 pages) 2 PLANNING ANALYSIS Section 11-102-15B of the Zoning Ordinance requires that all additions or expansions to the outside dimensions of an existing nonconforming single-family structure in the Shoreland Overlay District be allowed by conditional use permit provided the addition or expansion meets the setback, height, and other requirements of the Zoning Ordinance. The proposed new construction and site improvements will result in an overall decrease in the existing non- conformities. The subject property was platted as Antler’s Park in 1909. The house was constructed in 1948. The house is 624 square feet in area and has no garage. The current property owners purchased the property in 2017. The survey indicates that the house is set back 5.3 feet from the northerly side yard property line. The applicant proposes to construct a 400 square foot addition and a 144 square foot deck to the west side of the house over what is currently grass. An existing porch will also be removed from the south side of the house. The conditional use permit requires the identification and elimination of any zoning non-conformities where practical. The property and the existing house and site improvements include the following non- conformities. A brief description of how these non-conformities will be eliminated or reduced according to the proposed plans is also included. 1. The house does not meet the 10 foot north side yard property line setback. The house is set back 5.3 feet from northerly side yard property line. The proposed addition will be located on the west side of the house and will meet all setback requirements. 2. The driveway on the south side of the property does not meet the minimum 5 foot side yard setback. The non-conforming driveway will be removed and replaced with a new driveway that meets setback requirements. 3. The accessory building located in the southeast corner of the property does not appear to meet the 5 foot minimum setback from property lines. The accessory building was constructed by a previous owner and may need to be relocated or removed to comply with the setback requirements. 4. The house utilizes overhead utility lines. 3 The overhead utility lines must be placed underground to comply with Section 7-6-3 of the Lakeville City Code. 5. The lot is less than 15,000 square feet in area and 85 feet in width. Because there are existing homes on both sides of the lot, there is nothing that can be done to address this non-conformity. The impervious surface area on the property is currently 24.5%. The proposed impervious surface area is 24.95%, which is below the maximum of 25% allowed in the Shoreland Overlay District. The proposed deck is counted as an impervious surface because the proposed driveway will be located below it. House Addition. The addition will include a 280 square foot tuck-under garage, 400 square feet of living area above the garage that will be accessed from inside the house, and a 144 square foot deck that will be accessed from the proposed house addition. The addition will be sided with wood siding and must be coordinated to match the existing house exterior. The proposed exterior materials meet Zoning Ordinance requirements. Department of Natural Resources. The DNR has been notified of the proposed conditional use permit and has not responded with any concerns. RECOMMENDATION Planning Department staff recommends approval of the Michael Barnett conditional use permit subject to the following stipulations: 1. A financial security of $2,000 shall be submitted prior to the issuance of a building permit to guarantee the following: a) Removal or relocation of the existing accessory building from the property. If the accessory structure is relocated, a zoning permit must be approved by Planning Department staff. b) Removal of the existing driveway from the property. c) Placement of the overhead utility lines underground from the utility pole to the house. 2. The new driveway shall be surfaced with concrete, paver bricks, or bituminous material. 3. The exterior materials and color for the addition shall match those of the existing house. 4 4. The impervious surface area shall not exceed 25% of the lot area. 5. A building permit shall be required prior to commencing any construction on the property. 6. Construction shall include erosion control measures and ground cover restoration in compliance with Zoning Ordinance requirements. Findings of fact are attached. cc: Michael Barnett RS-3 RS-3P/OS RM-1 RST-2 RM-2 RS-3 Lake Marion 199TH S T W ITALY AVEKE N W O O D T R L 201ST ST W 20068 ITALY AVENUE Ü EXHIBIT A Dakota County, MN Property Information May 11, 2017 0 225 450112.5 ft 0 60 12030 m 1:2,400 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 EXHIBIT D 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MICHAEL BARNETT CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On June 1, 2017 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit to allow an expansion of an existing non- conforming single family home in the Shoreland Overlay District and RS-3, Single Family Residential District located at 20068 Italy Ave. 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. 4 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 and Shoreland Overlay District. 3. The legal description of the property is: Lot 27, Block 8, Antler’s Park 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 addition meets setback requirements and is consistent with the 2030 Land Use Plan and District 4 recommendations of the Comprehensive Plan. 2 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 addition 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 addition 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 city sewer and water services. The proposed addition will not overburden the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed addition will not overburden the streets serving the property. 5. The planning report dated May 26, 2017 prepared by Brent Jones, Planning Assistant/Code Enforcement Technician is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit in the form attached thereto. DATED: June 1, 2017 LAKEVILLE PLANNING COMMISSION BY: _______________________________ Jason Swenson