HomeMy WebLinkAboutItem 05City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: September 14, 2017
Subject: Packet Material for the September 21, 2017 Planning Commission Meeting
Agenda Item: Michael Rongitsch Conditional Use Permit
Application Action Deadline: October 10, 2017
INTRODUCTION
Michael Rongitsch has submitted an application, survey and site plan for a conditional use
permit to construct a single family home with a shared driveway onto Judicial Road. Section
11-19-11.B of the Zoning Ordinance requires that each lot has it’s own direct access to a public
street unless a conditional use permit is approved.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Three Subject Properties
D. Certificate of Survey (existing conditions)
E. Certificate of Survey (site plan) with relocated driveway
PLANNING ANALYSIS
The Planning Commission and City Council recently approved a conditional use permit to
allow a single family home to be constructed on this 1.29 acre (Klotz) parcel that is not served
with City sewer. A potential buyer of the property has now come forward with a request to
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allow the construction of the home further to the rear of the property including a shared
driveway with the property to the north. The existing driveway accesses Judicial Road for the
owner of the house addressed at 16003 Judicial Road. The owner of that parcel has consented to
allow the shared driveway arrangement.
The Benham Investment Company’s Minnesota Orchard Gardens plat was platted in 1912 and
included 159 lots. This area of Lakeville is not served with City sewer or water and is located in
the RA, Rural Agricultural District. There are no plans in place to bring City sewer and water
services to this area for the foreseeable future so residential uses will require private sanitary
sewer and wells until that time.
The two surveys submitted with the conditional use permit application (Exhibits D and E) show
the existing and proposed property conditions. The survey labeled Exhibit E shows the existing
driveway at 16003 Judicial Road being relocated slightly to south to more closely comply with
the minimum five foot setback requirement from the north property line. This action reduces
the non-conforming condition with an approximate three foot setback.
The driveway from the new house will access the existing driveway at a location approximately
340 feet west of Judicial Road. This will allow the east 120 feet of the property adjacent to
Judicial Road to remain as a tree preservation area which will act a natural screen of the house
from the road.
The owner of the property at 16003 Judicial Road also owns a separate non-conforming 15
foot wide, 0.19 acre strip of property that includes all or parts of the existing driveway. These
two parcels shall be combined to eliminate the non-conforming condition. The combination
must be recorded with Dakota County prior to issuance of a building permit for the house to
be constructed by Michael Rongitsch.
The criteria that must be considered with the conditional use permit application can be found
in Section 11-4 of the Zoning Ordinance. The Planning 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.
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5. Traffic generated by the single family home is within the capabilities of the street
serving the property.
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 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.
RECOMMENDATION
Planning Department staff recommends approval of the Michael Rongitsch conditional use permit
for a shared driveway access 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 Building Inspections.
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.
4. Dakota County Parcel number 22-13600-000-50 shall be combined with parcel number 22-
13600-000-40 prior to issuance of a building permit for the house to be constructed at 16009
Judicial Road.
5. A perpetual shared access and driveway maintenance agreement shall be submitted to the
City for review and shall be recorded to the property title of both affected properties at
16003 and 16009 Judicial Road.
Findings of fact are attached.
cc: Michael Rongitsch
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
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EXHIBIT A
RONGITSCH C.U.P.
Property Information
September 7, 2017
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
16003 and 16009 Judicial Road
Property Information
September 8, 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 C
EXIST.
HOUSE
33
33
33
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
GAR.
PROPOSED
HOUSE
(LOOK-OUT)
BASE.
FF=1085.5 PORCHCOVERED PATIOPROP.
DRIVE
4.0%21.0AREA = 1.29 ACRES
21.0NORTH LINE OF LOT 4
SOUTH LINE OF THE NORTH
115 FEET OF LOT 4
EXHIBIT D
EXIST.
HOUSE
33
33
33
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
GAR.
PROPOSED
HOUSE
(LOOK-OUT)
BASE.
FF=1085.5 PORCHCOVERED PATIOPROP.
DRIVE
4.0%21.0AREA = 1.29 ACRES
21.0NORTH LINE OF LOT 4
SOUTH LINE OF THE NORTH
115 FEET OF LOT 4
EXHIBIT E
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RONGITSCH CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On September 21, 2017 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider the application of Michael Rongitsch for a conditional use
permit to allow the construction of a single family home with a shared driveway access onto
Judicial Road. 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. 9 of the 2008 Comprehensive Plan, which
allows single family homes that meet the 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 shared driveway 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 and
shared driveway 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 and shared
driveway 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.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
Finding: The single family home with shared driveway will have access to a public
street, Judicial Road. Judicial Road can accommodate traffic generated by the
proposed single family home.
5. The planning report dated September 14, 2017 prepared by Frank Dempsey, AICP,
Associate Planner is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
conditional use permit in the form attached thereto.
DATED: September 21, 2017
LAKEVILLE PLANNING COMMISSION
BY: _______________________________
Jason Swenson, Chair