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HomeMy WebLinkAboutItem 06.e Date: Item No. RONGITSCH CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the Michael Rongitsch conditional use permit and adopt the findings of fact. Overview Michael Rongitsch has submitted an application and plans 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 its own direct access to a public street unless a conditional use permit is approved. The subject property is located at 16009 Judicial Road. The Planning Commission held a public hearing on September 21, 2017 to consider the conditional use permit request. The Planning Commission recommended unanimous approval of the conditional use permit subject to six stipulations. There was no public comment at the public hearing. Stipulation No. 6 was removed upon submittal of a revised survey showing the location of the existing driveway as not encroaching over the property line as identified with the survey submitted with the conditional use permit application. A shared driveway easement between the two property owners is required to be recorded with Dakota County prior to issuance of a building permit for the house to be located on 16009 Judicial Road. Primary Issues to Consider Is there an alternative access available if the current or future property owners determine a shared driveway is no longer desired? Adequate space is available on the subject property to allow the grading and paving of a separate private driveway onto Judicial Road. Supporting Information • Conditional use permit form • Findings of fact • September 21, 2017 draft Planning Commission meeting minutes • September 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 October 2, 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 hereby grants a conditional use permit to Michael Rongitsch to allow the construction of a single family home at 16009 Judicial Road with a shared driveway onto Judicial Road. Section 11-19-11.B of the Zoning Ordinance requires that each lot has its own direct access to a public street unless a conditional use permit is approved. 2. Property. The permit is for the following described property located 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: a) The private sanitary sewer design and private well must comply with code requirements and is subject to approval by Building Inspections. 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. 2 d) 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. e) A perpetual shared access and driveway maintenance agreement shall be submitted to the City for review and shall be recorded on the property title of both affected properties at 16003 and 16009 Judicial Road prior to issuance of a building permit for the house to be constructed at 16009 Judicial Road. 4. Termination of Permit. The City may revoke the conditional use permit following a public hearing for violation of the terms of the permit. 5. Lapse. If within one year of the issuance of this conditional use permit the use allowed by this permit has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: October 2, 2017 CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 2nd day of October, 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 RONGITSCH CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION 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 at 16009 Judicial Road 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. 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 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. 2 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 proposed 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. DECISION The City Council approves the conditional use permit in the form attached thereto. DATED: October 2, 2017 LAKEVILLE CITY COUNCIL BY: __________________________________ Douglas P. Anderson, Mayor BY: __________________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 21, 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 Pat Kaluza, Brooks Lillehei, Paul Reuvers, Scott Einck, Jason Kelvie, Ex-officio Member Mike Lamm Members Absent: Karl Drotning arrived at 6:08 p.m. Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; Alex Jordan, Senior Project Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The August 17, 2017 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed at tonight’s meeting: • September 20, 2017 Parks, Recreation and Natural Resources draft motion regarding the Avonlea 3rd Addition preliminary plat • Suggested Stipulation 6 for Agenda Item 5, Michael Rongitsch CUP 5. Michael Rongitsch Chair Swenson opened the public hearing to consider the application of Michael Rongitsch for a conditional use permit to allow a shared driveway access to Judicial Road, located at 16009 Judicial Road. Michael Rongitsch presented a brief overview of his request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Planning Commission and City Council approved a conditional use permit (CUP) to allow a single family home to be constructed on the subject property that is not served with City sanitary sewer. Mr. Rongitsch is now requesting 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 at 16003 Judicial Road has access onto Judicial Road and the owner has consented to allow the shared driveway arrangement. A shared access and driveway maintenance agreement shall be submitted to the City for review and shall be recorded on the property title of both affected properties. Planning Commission Meeting Minutes, September 21, 2017 Page 2 Mr. Dempsey explained that the conditional use permit process requires identifying and eliminating any non-conformities on the properties. Mr. Dempsey stated that a private sanitary sewer system plan has been designed and submitted for a primary and secondary sewer system on the subject property, which is required to meet design and installation requirements per applicable codes and subject to City approval. Mr. Dempsey stated that he is recommending the following stipulation be added. He had mentioned the driveway encroachment in his report, but did not include it as a stipulation. 6. The driveway encroachment over the north property line of 16003 Judicial Road shall be removed to comply with the survey as shown on Exhibit E of the planning report dated September 14, 2017. Mr. Dempsey stated that staff recommends approval of the Michael Rongitsch conditional use permit, subject to the five stipulations listed in the September 14, 2017 planning report and with the addition of Stipulation 6. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Einck to close the public hearing at 6:07 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Confirmed that the private shared driveway easement will need to be recorded prior to a building permit being issued. • Mr. Rongitsch returned to the podium and explained that the latest survey should have shown that there was no encroachment over the north property line at 16003 Judicial Road. Mr. Dempsey stated that Stipulation 6 should be included until he can verify that the driveway is non-encroaching. If that is the case, Stipulation 6 can be removed. Motion was made by Lillehei, seconded by Kelvie to recommend to City Council approval of the Michael Rongitsch conditional use permit to allow a shared driveway access to Judicial Road, located at 16009 Judicial Road, 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. Planning Commission Meeting Minutes, September 21, 2017 Page 3 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 prior to the issuance of a building permit for the house to be constructed at 16009 Judicial Road. 6. The driveway encroachment over the north property line of 16003 Judicial Road shall be removed to comply with the survey as shown on Exhibit E of the planning report dated September 14, 2017. Ayes: Kelvie, Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning Nays: 0 6. Spirit of Brandtjen Farm Club House Chair Swenson opened the public hearing to consider the application of SBF Development Corp. for PUD Development Stage plans for a community clubhouse in Spirit of Brandtjen Farm, located south of 162nd Street and east of Eagleview Drive. Jacob Fick from SBF Development, Inc. presented an overview of the request. He stated they are proposing to add a second clubhouse in the northeast portion of the Spirit of Brandtjen Farm (SBF) PUD. He indicated that it will look very similar to a granary building, trying to keep with the theme for the entire SBF PUD. The clubhouse will include a party room, a fitness center, bathrooms and locker rooms. The clubhouse will have restricted hours; the use of a key card for access to the building and the outdoor pool will be required. Mr. Fick indicated that they considering a location for an outdoor trash enclosure, if it cannot fit indoors. Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed the performance standards of the Zoning Ordinance which clubhouse facilities in residential areas must follow, along with the building design, landscaping, lot requirements, pedestrian access, off-street parking, the need to include fencing around the sections of the pool that are not bounded by the clubhouse building, and exterior lighting, all of which are discussed in detail in the September 14, 2017 planning report. He indicated that if outdoor storage of trash containers is proposed, details for a structure to enclose the containers that complies with the Zoning Ordinance must be submitted and are subject to review and approval of City staff. Staff feels this will be a nice entrance to the SBF development from the north. The proposed landscaping is extensive; however, staff is recommending additional plantings along the south side of the lot as well as an internal trail connection to the sidewalk along Eagleview Drive in the southwest corner of the lot. Mr. Licht stated that staff recommends approval of the PUD development stage plan for the SBF north clubhouse, subject to the eight stipulations listed in the September 14, 2017 planning report. City 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 2 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. 3 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 Ü 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. 2 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