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Home My WebLink AboutItem WS 02City of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: July 7, 2017 Subject: Packet Material for the July 20, 2017 Planning Commission Work Session Agenda Item: Discussion with John Schweich Regarding Proposed Building Projects on Non- Conforming Properties located in Shoreland Overlay District BACKGROUND John Schweich, owner of five contiguous non-conforming lots with two houses located at 9860 and 9874 – 199th Street, has submitted a sketch layout of the existing lots. The sketch proposes the reconfiguration of lot lines for the purpose of allowing an expansion to the house, an expansion to a non-conforming detached accessory building, and construction of a new detached garage and plans for the construction of a future new home. The existing built conditions, lot configurations and remedies to bring the properties and buildings into compliance with current Zoning Ordinance requirements is somewhat complex and would necessitate a number of variances, some of which pose a challenge for the property owner to demonstrate compliance with the required variance criteria outlined in the Zoning Ordinance and the requisite demonstration of “practical difficulty”. The purpose of the work session with the Planning Commission is to allow the property owner to present his proposal to the Planning Commission prior to submitting a formal application and revised plans. This memorandum will present the information submitted by Mr. Schweich in addition to staff comments regarding the requisite criteria to establish practical difficulty. 2 EXHIBITS A. Zoning Map B. Aerial Photo with Current Lot Configurations C. Subdivision Sketch PLANNING ANALYSIS The house owned by Mr. Schweich at 9860-199th Street was constructed in 1974. The house owned by Mr. Schweich at 9874-199th Street was constructed in 1948. Both properties and houses were assessed and connected to City sanitary sewer and water in the 1970’s. Both houses are presumed to have been constructed in accordance with Zoning Ordinance requirements at that time as both houses predate the Shoreland Overlay District requirements adopted in 1978. Mr. Schweich proposes to reconfigure lot lines and combine lots to remove a lot line encroachment of the house at 9874-199th Street (Parcel A) and to construct a garage addition to his house at 9860-199th Street (Parcel B) that would encroach into the side yard setback. He also proposes to add onto the existing non-conforming shed to the east of the house that does not meet setback requirements. Any planning action that requires a variance, conditional use permit or plat of the properties requires that any non-conforming conditions be addressed and corrected to bring the properties into compliance with Zoning Ordinance requirements wherever possible and reasonable. The subject properties consist of five separate lots from three different plats. Non-Conforming Conditions. Staff has identified the following non-conforming conditions: 9860 – 199th Street • This house was constructed in 1974. There are three separate parcels from three separate plats (Antlers Park (1908), Lenihan’s Lots Antlers Park (1941) and Warweg Addition (2016) that make up this property. These parcels cannot be combined into one lot without approval of a preliminary and final plat. • Two of the parcels were created in 1981 with no record of City approval for compliance with Zoning and Subdivision ordinance requirements. • The parcel with the house is not contiguous to an improved public street without crossing two other parcels also under the ownership of Mr. Schweich. • The property uses a shared driveway access to 199th Street with the property to the west at 3 9874-199th Street, which is owned by Mr. Schweich. • The house is non-conforming to the Ordinary High Water Level (OHWL) minimum setback of 75 feet. • The proposed garage addition would not meet setback requirements to the OHWL. • There are two detached accessory buildings that do not meet setback requirements. One of the shed appears to encroach onto Outlot B and into the wetland buffer. A maximum of one detached accessory building is allowed unless approved by conditional use permit. An expansion to the shed nearest the house would require a wetland delineation to determine the edge of the wetland and the minimum 10 foot buffer setbacks. • A maximum impervious surface area of 25% is required for each parcel. Preliminary measurements indicate the lot is very near the maximum 25%, which would have to be verified on the survey. 9874 – 199th Street • This house was constructed in 1948. There are two separate parcels, one of which provides accesses via a shared driveway with the house at 9860-199th Street. • The house encroaches over the east property line onto the lot at 9860-199th Street. • An existing shed appears to be within the minimum 10 foot side yard setback line. • A new detached garage would require a conditional use permit, compliance with setback requirements and combination of the two parcels. • The encroaching house over the east property line cannot be corrected without creating an irregular shaped lot that could have a detrimental effect to the property at 9860-199th Street and further reducing the lot area of that property. Irregular shaped lots are discouraged by the Subdivision Ordinance. A conditional use permit may be considered for the new detached garage provided all setbacks, including the existing house and new garage and impervious surface area requirements are met. • If the plat results in a lot size less than the required minimum 20,000 square feet, as would be the case with this property, a variance for lot size and lot width would be required. Variances. The variance option for lot size and lot width has merit for consideration provided that other non-conformities are eliminated or significantly reduced. Mr. Schweich owns two houses on lots that were each assessed for sewer and water services. Section 11-6-5 of the Zoning Ordinance sets forth seven criteria that must be considered to determine whether practical difficulties are evident that may warrant the approval of a variance. Practical difficulties mean that the property owner proposes to use the property in a reasonable matter not permitted by the Zoning Ordinance. Therefore, the following criteria must be met: 4 A. That the variance would be consistent with the comprehensive plan. B. The variance would be in harmony with the general purposes and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the applicant. D. That the purpose of the variance is not exclusively economic considerations. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. F. That the requested variance is the minimum action required to eliminate the practical difficulty. G. Variances may not be approved for any use that is not allowed by the Zoning Ordinance for property in the zone where the affected person’s land is located. Staff looks forward to your input and direction on Mr. Schweich’s request. RS-3 RS-3 RM-1 RST-2 RS-3 Lake Marion RST-2 RS-3 RS-3 P/OS RS-2 RM-2 OP 199TH ST W I PAV A AV E 198TH ST W ITALY AVEIRI S W A Y ITER I P L IRELAND WAY ITA S C A L N KE N W O O D T R L 201ST ST W ZONING MAP Ü EXHIBIT A EXHIBIT B OUTLOT C LAKE MARION Found DAKOTA COUNTY CIM MEANDER CORNER WATER ELEVATION ON 9/15/15 = 981.5 PROPOSED HOUSE PROPO S E D D R I V E 10.0 14 10 PARCEL A (14,730 SQ. FT.) PARCEL B (24,722 SQ. FT.)OUTLOT B199TH STREET W. PROPOSED PROPERTY SPLIT 10 EXHIBIT C