HomeMy WebLinkAboutItem 06.h
Date: Item No.
CSAH 50 PROJECT FENCE MINOR VARIANCE
Proposed Action
Staff recommends adoption of the following motion: Move to approve the CSAH 50 project
fence minor variance and adopt the findings of fact.
Overview
Five property owners with lots that back up to CSAH 50 have submitted applications requesting
a minor variance to reduce the required setback for fences that abut public right-of-way from 10
feet to one foot along their rear property lines. The properties that are involved with this request
are: 19143 Ittabena Way, 19135 Ittabena Way, 19111 Iteri Avenue, 19107 Iteri Avenue, and
19095 Iteri Avenue.
The subject properties have been required to dedicate land for public right-of-way for the CSAH
50 improvement project. A minor variance provides an expeditious method of processing
variance requests that do not require a public hearing or review by the Planning Commission in
cases like this where practical difficulties to platted property are created as a result of public
action.
Planning and Engineering staff recommend the City Council grant a minor variance to reduce the
required setback for fences that abut public right-of-way from 10 feet to one foot along the rear
property lines of the five applicants.
Primary Issues to Consider
Is there a practical difficulty in meeting the requirements of the zoning ordinance? Yes, the
CSAH 50 improvement project included the acquisition of property from the five applicants for
public right-of-way. Allowing a setback of one foot for their fences will allow them to install a
fence and utilize as much of their remaining backyards as possible.
Supporting Information
• Variance form
• Findings of fact
• Location Map
• Survey (2 pages)
• Photos of Existing Fences (3 pages)
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
November 6, 2017
None
Zoning Ordinance
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
VARIANCE NO. 17-____
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves a minor variance for Henry Tillman, Michael J.
Gallant, Mary Solberg & Timothy Solberg, Chris Treftlin, and
Anthony & Amy Campisi to reduce the required setback for fences that
abut public right-of-way from 10 feet to one foot along the rear property
lines at 19143 Ittabena Way, 19135 Ittabena Way, 19111 Iteri Avenue,
19107 Iteri Avenue, and 19095 Iteri Avenue.
2. Property. The variance is for the following described properties in the City of
Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, The Greenway 3rd Addition (19095 Iteri Avenue)
Lot 4, Block 1, The Greenway 3rd Addition (19107 Iteri Avenue)
Lot 5, Block 1, The Greenway 3rd Addition (19111 Iteri Avenue)
Lot 7, Block 1, The Greenway 3rd Addition (19135 Ittabena Way)
Lot 9, Block 1, The Greenway 3rd Addition (19143 Ittabena Way)
3. Conditions. The variance is issued subject to the following conditions:
a) The privacy fence must be set back at least one foot from the rear property
line/CSAH 50 right-of-way line.
b) The fences to be installed on the five properties must have consistent
materials, colors, and height.
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4. Expiration. This variance will expire two years from the date of this
approval, unless construction of the fences has commenced.
Date:_ _November 6, 2017____
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 6th day of November,
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
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CSAH 50 PROJECT FENCE MINOR VARIANCE
FINDINGS OF FACT AND DECISION
FINDINGS OF FACT
1. The subject properties are located in Comprehensive Planning District 5 (Central
Area/Heritage Commons), which guides the properties for residential use.
2. The subject properties are zoned RS-3, Single Family Residential District.
3. The legal descriptions of the subject properties are:
Lot 1, Block 1, The Greenway 3rd Addition (19095 Iteri Avenue)
Lot 4, Block 1, The Greenway 3rd Addition (19107 Iteri Avenue)
Lot 5, Block 1, The Greenway 3rd Addition (19111 Iteri Avenue)
Lot 7, Block 1, The Greenway 3rd Addition (19135 Ittabena Way)
Lot 9, Block 1, The Greenway 3rd Addition (19143 Ittabena Way)
4. Section 11-6-5 of the City of Lakeville Zoning Ordinance provides that a
variance may not be issued unless certain criteria are satisfied. The criteria
and our findings regarding them are:
a. That the variance would be consistent with the comprehensive plan.
Finding: The subject properties are located in Planning District 5 of the
Comprehensive Land Use Plan. The Comprehensive Plan guides this area
for single family homes, which is consistent with the use of the subject
properties.
b. The variance would be in harmony with the general purposes and
intent of the Zoning Ordinance.
Finding: Section 11-21-5 of the Zoning Ordinance allows fences for double
frontage lots that can provide screening and protection of single family
properties from the public street.
c. That the plight of the landowner is due to circumstances unique to the
property not created by the applicant.
Finding: The plight of the landowners are due to government action, the
CSAH 50 improvement project, and not created by the applicant.
d. That the purpose of the variance is not exclusively economic
considerations.
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Finding: The purpose of the variance is due to the landowners losing land
that was needed for public right-of-way for the CSAH 50 improvement
project and is not for 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.
Finding: The fences will be located closer to the rear of the homes than they
were before the road expansion project, so they will not alter the essential
character of the neighborhood.
f. That the requested variance is the minimum action required to
eliminate the practical difficulty.
Finding: The variance to reduce the required setback for fences that abut
public right-of-way from 10 feet to one foot along the rear property lines will
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.
Finding: Fences are an allowed accessory use for single family homes in
the RS-3 District.
DECISION
The City Council approves the variance in the form attached hereto.
DATED: November 6, 2017
CITY OF LAKEVILLE
BY: ________________________
Douglas P. Anderson, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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CSAH 50 Fence
Minor Variance
City of Lakeville
Aerial Map
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