HomeMy WebLinkAboutItem 06.g
Date: Item No.
GLENN KLOTZ CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Glenn Klotz
conditional use permit and adopt the findings of fact.
Overview
Glenn Klotz has submitted an application and plans for a conditional use permit to construct a
single family dwelling on a legal, non-conforming, vacant 1.29 acre parcel located to the south of
the Lakeville/Burnsville city limits on the west side of Judicial Road. The property is zoned RA,
Rural/Agricultural District and is not served with City sanitary sewer. On May 15, 2017 the City
Council approved an amendment to the Zoning Ordinance that allows the construction of single
family homes on non-conforming, unsewered parcels existing prior to January 1, 1984 by
conditional use permit.
The Planning Commission held a public hearing on June 29, 2017 to consider the conditional use
permit request. The Planning Commission recommended unanimous approval of the conditional
use permit subject to four stipulations. There were public comments from two neighbors at the
public hearing that were opposed to the conditional use permit request.
Primary Issues to Consider
Can a private sanitary sewer be installed on the property? Construction of a single family home
on this lot will only be allowed if the proposed septic system meets Building Code requirements
and is approved by the City’s Plumbing Inspector, consistent with Zoning Ordinance
requirements.
Supporting Information
• Conditional use permit form
• Findings of fact
• June 29, 2017 draft Planning Commission meeting minutes
• June 21, 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: Brent Jones, Planning Assistant/Code Enforcement Technician
July 17, 2017
None
Zoning Ordinance
1
(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 approves a conditional use permit for Glenn Klotz to construct a single
family dwelling on a legal, non-conforming, vacant 1.29 acre parcel located to
the south of the Lakeville/Burnsville city limits on the west side of Judicial Road
in the RA, Rural/Agricultural District.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
The South 100 feet of the North 115 feet of Lot 4, Fourth Addition to
Benham Investment Company’s Minnesota Orchard Gardens.
3. Conditions. The conditional use permit is issued subject to the following
conditions:
a) The private sanitary sewer design and private well must comply with code
requirements and is subject to approval by the Building Inspections
Department.
b) A building permit shall be required prior to commencing any construction on
the property.
c) The single family dwelling shall be in compliance with all setback requirements
of the RA District.
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d) The location of the house shall provide sufficient side yard setback and grade
to allow for access to the septic tank and drainfield for maintenance vehicles,
subject to review and approval of the Building Official.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Date:______July 17, 2017______
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 17th day of July,
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
KLOTZ CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On June 29, 2017 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider the application of Glenn Klotz for a conditional use
permit to construct a single family dwelling on a legal, non-conforming, vacant 1.29
acre parcel located to the south of the Lakeville/Burnsville city limits on the west
side of Judicial Road. The Planning Commission conducted a public hearing on t he
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. 9 of the 2008 Comprehensive Plan,
which provides the guidance that undeveloped legal lots of record will be allowed
to develop as rural residential land use provided they have adequate lot size to
accommodate an on-site sewer system in compliance with City Code requirements
and meet the building setback requirements of the Zoning Ordinance.
2. The property is currently zoned RA, Rural/Agricultural District.
3. The legal description of the property is:
The South 100 feet of the North 115 feet of Lot 4, Fourth Addition to
Benham Investment Company’s Minnesota Orchard Gardens.
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 use is consistent with the 2030 Land Use Plan and
District 9 recommendations of the Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land
uses of the area.
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Finding: Provided compliance with the conditional use permit, the proposed use
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 use 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 will be served with a private sanitary sewer and well.
The proposed use 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 use will not overburden the streets serving the property.
5. The planning report dated June 21, 2017 prepared by Brent Jones, Planning
Assistant/Code Enforcement Technician is incorporated herein.
DECISION
The City Council approves the conditional use permit in the form attached hereto.
DATED: July 17, 2017
CITY OF LAKEVILLE
BY: ________________________
Douglas P. Anderson, Mayor
BY: ________________________
Charlene Friedges, City Clerk
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Brent Jones, Planning Assistant/Code Enforcement Technician
Date: June 21, 2017
Subject: Packet Material for the June 29, 2017 Planning Commission Meeting
Agenda Item: Glenn Klotz Conditional Use Permit
Application Action Deadline: August 12, 2017
INTRODUCTION
Glenn Klotz has submitted an application and plans for a conditional use permit to construct a
single family dwelling on a legal, non-conforming, vacant 1.29 acre parcel located to the south
of the Lakeville/Burnsville city limits on the west side of Judicial Road. The property PID
number is 22-13600-00-043. A conditional use permit is required since the property is a non-
conforming parcel of record that does not meet the RA, Rural/Agricultural District lot area and
width requirements of 10 acres in size and 300 feet in width and because it is not served with
City sanitary sewer. The applicant previously submitted a request for a variance to allow the
construction of a single family home on this same property, but that request was denied on May
2, 2016 by the City Council, who believed the required seven variance criteria, including
demonstrating a practical difficulty, were not met. The City Council approved an ordinance
amendment on May 15, 2017 that allowed non-conforming parcels that existed before January
1, 1984 to be developed for single family dwellings upon approval of a conditional use permit.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Certificate of Survey
D. Soils Investigation- Primary & Alternate Site Locations (5 pages)
E. Email from Bruce E. Faacks, Neighbor (2 pages)
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PLANNING ANALYSIS
The subject property was platted in 1912 as part of Benham Investment Company’s
Minnesota Orchard Gardens. The properties in the plat total 159 lots:
Minnesota Orchard Gardens: 33 lots
First Addition: 46 lots
Second Addition: 15 lots
Third Addition: 15 lots
Fourth Addition: 50 lots
MN Orchard Gardens and the First Addition are located in what is now Burnsville and the rest
of the plat is located in Lakeville. Most of the lots in the neighborhood range in size between
1.8 and 5 acres. None of the Benham lots in Lakeville appear to meet the minimum 10 acre
lot area and 300 foot lot width requirement of the RA District. Prior to the May 15, 2017
ordinance amendment, any lots created prior to November 7, 1977 not meeting the minimum
lot width and lot area requirements were considered legal non-conforming lots. The May 15,
2017 ordinance amendment changed this date to January 1, 1984 in order to address the past
actions of property owners recording subdivisions with Dakota County without City approval.
The subject property (part of Lot 4) has been under the same ownership since before it was
subdivided in 1980. The subject parcel was part of Lot 4 which once totaled 4.25 acres. Lot
4 was subdivided into three separate parcels to create the subject 1.29 acre parcel, a 2.77 acre
parcel located to the south of the subject property at 16031 Judicial Road and a 0.19 acre, 15
foot wide lot north of the subject property which was purchased by the property owner to the
west at 16003 Judicial Road for a driveway access to Judicial Road. The 0.19 acre parcel was
not combined with the parcel at 16003 when it was subdivided and remains a non-conforming
parcel.
The applicant previously submitted a request for a variance to allow the construction of a
single family home on this same property. On May 2, 2016, the City Council voted to accept
the Planning Commission’s findings of fact and recommendation to deny the variance,
believing the required seven variance criteria, including demonstrating a practical difficulty,
were not met.
During the annual Zoning Ordinance review and update, the Planning Commission directed
staff to examine the possibility of whether a conditional use permit would be an option to
address non-conforming parcels such as the Klotz parcel that were created at a time when City
of Lakeville rules did not allow subdivision of single family home parcels without City sewer
of less than 10 acres, when at the same time, Dakota County was accepting such subdivisions
from property owners without City approval. The City Council approved the Zoning
Ordinance amendment on May 15, 2017. While not a legal parcel of record before 1977, the
Klotz parcel is placed into similar standing as the other Benham Addition lots in the vicinity.
Consistent with other legal non-conforming lots in the area, no further lot subdivision may
occur until City sewer is available.
The purpose of a conditional use permit and the criteria required to determine whether it
should be approved is less strict than the criteria for a variance. The criteria supporting a
conditional use permit can be found in Section 11-4 of the Zoning Ordinance. The Planning
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Commission is required to consider possible effects of the proposed use with its judgement
based upon, but not limited to, the following factors:
1. The proposed use as a single family home has been found to be consistent with the
comprehensive plan.
2. The single family home is or will be compatible with present and future land uses of
the area.
3. The single family home conforms with all performance standards of the Zoning
Ordinance.
4. The single family home can be accommodated with existing public services and will
not overburden the City’s service capacity.
5. Traffic generated by the single family home is within the capabilities of the street
serving the property.
The conditional use permit requires that the use meet the general performance standards listed
in Section 11-4-7 of the Zoning Ordinance. In addition, the applicant must demonstrate that
the development on the subject property will not result in groundwater or soil contamination.
A private sanitary sewer system plan has been designed and submitted for a primary and
secondary sewer system on the subject property. The sanitary sewer system is required to
meet design and installation requirements per applicable codes and subject to City approval.
The closest single family homes to the north and south of the subject property are
approximately 75 feet from the side lot lines. The closest single family home to the west of
the subject property is approximately 300 feet from the rear lot line and 180 feet to the east
from the front property line.
RECOMMENDATION
Planning Department staff recommends approval of the Glenn Klotz conditional use permit subject
to the following stipulations:
1. The private sanitary sewer design and private well must comply with code requirements and
is subject to approval by the Building Inspections Department.
2. A building permit shall be required prior to commencing any construction on the property.
3. The single family dwelling shall be in compliance with all setback requirements of the RA
District.
Findings of fact are attached.
cc: Glenn Klotz
LAKEVILLE
BURNSVILLE
Subject Property
RA
ROW W
16
2
N
D
S
T
W KRAFTONAVEJUDICIAL RD12021
16071
16031
16196
12295 16003
12215
12145
16120
16225
1197012265
1227516040
16075
11955
11980
16250 16227
15650
2709
15708
15720
15701
15715
15725
2609
15720
15690
15732
2801
ZONING MAP
Ü
EXHIBIT A
Dakota County, MN
April 4, 2016
0 450 900225 ft
0 130 26065 m
1:4,800
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
GAR.
PROPOSED
HOUSE
(WALKOUT)
BASE.
FF=1094.6 PORCHPROP. DRIVE
4.0%
EXIST.
HOUSE
RETAINING WALL
1102
1101 110033
33
33
AREA = 1.29 ACRES
33
JUDICIAL ROADPRIMARY SEPTIC
B2
B1
B3
ALTERNATE SEPTIC
INSTALL ORANGE SNOW FENCING
AROUND THE PERIMETER OF
THE DRAIN FIELD PRIOR TO SITE GRADING.
INSTALL SILT FENCE
11011102NORTH LINE OF LOT 4
SOUTH LINE OF THE NORTH
115 FEET OF LOT 4
EXHIBIT C
EXHIBIT D
EXHIBIT E