HomeMy WebLinkAboutItem 06.g Date: November 20, 2017 Item No. ______
THE MOMENTS OF LAKEVILLE VARIANCE
Proposed Action
Staff recommends adoption of the following motion: Move to approve a fence variance for The
Moments of Lakeville and adopt the findings of fact.
Overview
TMSC of Lakeville, LLC, also known as The Moments of Lakeville, has submitted an application
for a variance to allow the construction of a privacy fence within the required setback adjacent
to a public street. The Moments of Lakeville is a memory care facility located at 16258 Kenyon
Avenue, south of 162nd Street (CSAH 46). The Zoning Ordinance requires a 30 foot setback for
a fence adjacent to a public street right-of-way on a commercially zoned property.
The Moments of Lakeville owner has determined that the headlights from vehicles facing
south and turning onto CSAH 46 at the I-35 exit ramp will causing disturbance to the
residents who will reside in the facility. The owner contacted City staff with a request to
install a privacy fence to remedy the issue with headlight glare. The existing chain link safety
fence on top of the retaining wall is not sufficient to provide the necessary headlight screening.
The Planning Commission held a public hearing on November 2, 2017 to consider the
variance application. The Planning Commission voted unanimously to recommend approval
of the variance and confirmed that the variance meets the criteria outlined in Section 11-6-5
the Zoning Ordinance. The Planning Commission also amended the variance stipulations to
allow the fence to be constructed to a height no taller than eight feet above the elevation of the
southerly CSAH 46 right-of-way line. There was no public comment at the public hearing.
Primary Issues to Consider
None
Supporting Information
• Variance form
• Findings of fact for approval
• November 2, 2017 draft Planning Commission meeting minutes
• October 27, 2017 planning report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Frank Dempsey, AICP, Associate Planner
1
(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 grants a
variance for fence height to TMSC of Lakeville, LLC, (The Moments of Lakeville) to allow
the construction of a fence with a setback of less than 30 feet from the 162nd Street (CSAH
46) right-of-way line located at 16258 Kenyon Avenue.
2. Property. The variance is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
Lot 2, Block 1, Kenyon Retail
3. Conditions. The variance is issued subject to the following conditions:
a) The fence shall be installed in the location shown on the approved site plan.
b) The fence shall not exceed eight feet in height above the elevation of the property at
the 162nd Street (CSAH 46) right-of-way line.
c) The fence shall be constructed of maintenance free compositing fence materials in a
design consistent with the plan submitted with the variance application and approved
with this variance.
d) Ivy landscaping shall be installed on the north side of the fence in adequate quantities
to provide linear landscape screening of the fence from 162nd Street.
e) The location of the fence within the trail easement is subject to approval by Dakota
County.
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f) A building permit shall be issued for the fence prior to construction.
4. Expiration. This variance will expire one year from the date of this approval unless construction
of the fence has commenced.
Dated: November 20, 2017
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 20th 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
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE MOMENTS OF LAKEVILLE VARIANCE
FINDINGS OF FACT AND DECISION
On November 2, 2017 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the application of TMSC of Lakeville, LLC, aka The Moments of Lakeville,
for a variance to allow the construction of a privacy fence within the required setback adjacent to
a public street on property located at 16258 Kenyon Avenue. The Planning Commission
conducted a public hearing on the proposed variance 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. 1 of the 2008 Comprehensive Plan which
guides the property for commercial land use.
2. The property is zoned C-3, General Commercial District. The residential care facility is a
conditional use in the C-3 District.
3. The legal description of the property is:
Lot 2, Block 1, Kenyon Retail
4. Section 11-6-5 of the Zoning Ordinance requires that certain criteria be met in
consideration of a variance request. The criteria and our findings regarding them are:
a) That the variance would be consistent with the comprehensive plan.
Finding: The use of the property is a residential care facility in a commercial zoning
district, consistent with the comprehensive plan. The fence will be a durable
maintenance free material consistent with the architectural quality requirements of the
Zoning Ordinance. The use of the screening fence would improve the living conditions
of residents in the building whose living spaces are located on the north side of the
building.
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b) That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
Finding: The residential care facility is allowed by conditional use permit in the C-3
District. The privacy fence to screen headlight glare for the facility’s residents is
consistent with residential fence requirements. The elevation of the property at the
base of the fence is lower than the street thereby reducing the visibility and effectiveness
of a large portion of the fence.
c) That the plight of the landowner is due to circumstances unique to the property
not created by the landowner.
Finding: The property topography resulted in large part from the design and
construction of the 162nd Street and Interstate 35 bridge and intersection
improvements, which created a steep slope along the north side of the property whereby
the building is located largely below the road. This creates a situation where vehicle
headlights shine into the windows of the living units on the north side of the facility.
d) That the purpose of the variance is not exclusively for economic considerations.
Finding: The purpose of the variance is to screen vehicle headlights from shining into
the living units. The variance is not economic in nature.
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 proposed screening fence will not be a detriment to the character of the
commercially zoned properties in the area. The proposed ivy will enhance the
character of the fence and will improve the screening of headlights.
f) That the requested variance is the minimum action required to eliminate the
practical difficulty.
Finding: The topographical and cross section illustrations submitted with the
application indicate that the fence height and location is the minimum necessary to
screen the vehicle headlights from shining into the north side of the building.
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g) Variances may not be approved for any use that is not allowed under this section
for property in the zone where the affected person’s land is located.
Finding: Fences are an allowed accessory use on a commercial zoned property. The
use of the property as a residential care facility is a conditional use of the property.
5. The planning report dated October 27, 2017 and prepared by Associate Planner, Frank
Dempsey is incorporated herein.
DECISION
The City Council approves the variance in the form attached hereto.
DATED: November 20, 2017
CITY OF LAKEVILLE
BY: __________________________
Douglas P. Anderson, Mayor
BY: __________________________
Charlene Friedges, City Clerk
City of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: October 27, 2017
Subject: Packet Material for the November 2, 2017 Planning Commission Meeting
Agenda Item: The Moments of Lakeville Fence Variance
Application Action Deadline: December 8, 2017
BACKGROUND SUMMARY
TMSC of Lakeville, LLC, also known as The Moments of Lakeville, has submitted an application
for a variance to allow the construction of a 10 foot tall privacy fence within the required setback
adjacent to a public street. The Moments of Lakeville is a memory care facility located south of
162nd Street (CSAH 46) and north of Kenyon Avenue at 16258 Kenyon Avenue. The Zoning
Ordinance requires a minimum 30 foot setback from a public street for a fence on a commercial
zoned property.
EXHIBITS
A. Zoning Map
B. Aerial Photo
C. Application Narrative
D. Applicant’s Address to Variance Criteria
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E. Survey/Site Plan
F. Cross Section Plan
G. Photo Simulation Perspective View
VARIANCE ANALYSIS
The Moments of Lakeville owner has determined that the headlights from vehicles facing
south and turning from the I-35 exit ramp at 162nd Street (CSAH 46) may cause a disturbance
to the residents who will reside in the facility. The applicant for the variance contacted City
staff with a request to install a privacy fence to remedy the issue with headlight glare. The
owner had previously installed a black vinyl coated chain link fence on top of the 8-10 foot tall
retaining wall as a safety measure for users of the trail along 162nd Street, consistent with
similar retaining walls adjacent to public trail but the existing fence is not tall enough to
provide the necessary headlight screening.
The owner proposes to install a 10 foot tall privacy fence along the north side of the property
setback 14.2 feet of the south property line. The subject property is zoned C-3, General
Commercial District. Section 11-21-5.H.1.a of the Zoning Ordinance allows commercial
fences subject to a minimum setback of 30 feet adjacent to public road rights-of-way. The
proposed board-on-board style privacy fence will be constructed of maintenance free
composite materials and located in place of the existing chain link fence which will be
removed prior to the new fence being installed. The owner has provided a visual cross-
section showing vehicles at the 162nd Street/I-35 off-ramp intersection in relation to the
location and height of the proposed privacy fence. The illustration indicates that the 10 foot
tall privacy fence would provide the desired headlight screening. The applicant has agreed
to plant ivy on the north side of the fence which, over time, will provide additional seasonal
screening. The ivy on the fence as additional landscape screening from the view of the road
is consistent with the design objectives outlined in the City’s Corridor and Gateway Design
Study.
Staff suggested the owner explore other options that would allow the desired screening prior
to applying for the fence variance. Along the north side of the property, there is an 8-10 foot
tall retaining set back approximately 20 feet from the rear (north side) of the building. The
developer of the property dedicated a 15 foot wide trail easement to Dakota County north of
the retaining wall and adjacent to the 162nd Street right-of-way line. Dakota County was not
in favor of allowing the property owner to install trees and/or shrubs within the trail
easement. The proposed 10 foot tall privacy fence was determined to be the best option to
provide the needed safety fence above the retaining wall and to maximize headlight screening
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at the greatest possible setback to the property line. The fence is located approximately eight-
tenths of a foot into the Dakota County trail easement, 14.2 feet from the property line. The
location of the fence within the trail easement is subject to the approval of Dakota County.
VARIANCE REVIEW CRITERIA
Section 11-6-5 of the Zoning Ordinance states that the board of adjustment (City Council) shall
not approve any variance request unless it is determined that failure to grant the variance will
result in practical difficulties. “Practical difficulties” means that the property owner’s request is
a use of the property in a reasonable manner not permitted by the Zoning Ordinance.
Economic conditions alone do not constitute practical difficulties. The following criteria must
also be met:
1. That the variance would be consistent with the comprehensive plan.
The use of the property is a residential care facility in a commercial zoning district,
consistent with the comprehensive plan. The fence will be a durable maintenance free
material consistent with the architectural quality requirements of the Zoning Ordinance.
The use of the screening fence would improve the living conditions of residents in the
building whose living spaces are located on the north side of the building.
2. That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
The residential care facility is allowed by conditional use permit in the C-3 District. The
privacy fence to screen headlight glare for the facility’s residents is consistent with
residential fence requirements. The topography of the property in the vicinity of the fence
is lower than the street thereby reducing the visibility of a large part of the fence.
3. That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
The property topography resulted in a large part from the design and construction of the
162nd Street and Interstate 35 bridge and intersection improvements, which created a
steep slope along the north side of the property whereby the building is located largely
below the road. This creates a situation where vehicle headlights shine into the windows
of the living units on the north side of the facility.
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4. That the purpose of the variance is not exclusively economic considerations.
The purpose of the variance is to screen vehicle headlights from shining into the living
units. The variance is not economic in nature.
5. That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
The proposed 10 foot tall screening fence will not be a detriment to the character of the
commercially zoned properties in the area. The proposed ivy will enhance the character
of the fence and will improve the screening of headlights.
6. That the requested variance is the minimum action required to eliminate the practical
difficulty.
The topographical and cross section illustrations submitted with the application indicate
that the 10 foot tall screening fence is the minimum necessary to screen the headlights
from the north side of the building.
7. Variances may not be approved for any use that is not allowed under this section for
property in the zone where the affected person’s land is located.
Fences are an allowed use on a commercial zoned property. The use of the property as a
residential care facility is a conditional use of the property.
Staff’s review of the Memories of Lakeville variance application finds that it meets the above
criteria to demonstrate practical difficulty. Findings of fact for approval of the variance
request are attached.
RECOMMENDATION
Planning Department staff recommends approval of the variance subject to the following stipulations:
1. The fence shall be installed in the location shown on the approved site plan.
2. The fence shall not exceed 10 feet in height.
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3. The fence shall be constructed of maintenance free compositing fence materials in a
design consistent with the plan submitted with the variance application and approved
with this variance.
4. Ivy landscaping shall be installed on the north side of the fence in adequate quantities
to provide linear landscape screening of the fence from 162nd Street.
5. The location of the fence within the trail easement is subject to approval of Dakota
County.
6. A building permit shall be issued for the fence prior to construction.
Lee
Lake
P/OS
PUDRS-3
RS-3
C-3
C-3
C-3
C-3
C-3
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162ND ST W
KENRICK AVE165TH ST W
KENO R AWAYKENYONAVEKENRICK LOOPBUCK HILL RD
ZONING MAP16258 KENYON AVENUE
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EXHIBIT A
16258 Kenyon Avenue
Property Information
October 23, 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
Lakeviile Planning Department
20195 Holyoke Ave.
Lakeville, MN 55044
Attn: Dar/1 Morey
Planning Director
Dear Daryl Morey,
October 3, 2017
Thank you for your time and attention to this important natter. We greatly appreciate your
consideration of this Variance Application submission. I am writing on behalf of The Moments of
lakevilfe, a new state-of-the-art Memory Care community opening this fall. As you may be aware, we
are located directly at the exit of County Road 46. Our building is literally positioned on the south
quadrant of a main intersection. In fact, the positioning of our two-story main foyer, featuring a glass
atrium, sits directly in the line of traffic exiting south off of Hwy 35W.
As construction on this beautiful Memory Care community is coming to completion, we have become
aware of a concerning challenge for which we believe, with your support, we have an ideal solution. The
issue is we are observing a significant strobing headfight effect, which occurs in our main dining hall and
resident rooms, in particular when semi-trucks come to a stop at the intersection behind our building.
More concerning is the headlights streak across the entire expanse of all backside windows, as these
vehicles make their turns both to the east and west.
For individuals with a diagnosis of Dementia, there is a high level of sensitivity to light stimulus. The
random frequency of streaking and strobing of headlights across a room can produce extreme agitation
and hallucinogenic effects, which can be quite disturbing to a resident who will not likely have the ability
to understand what the light is, and from where it originates.
We have explored several solutions for remedying this challenge, which include applying anti-glare films
to the windows, black-out curtains, etc. However, none of these approaches have proven fully effective
in eliminating the light from coming into the building at night.
Our best approach to solving this problem is to request a variance, in order to accommodate an 8-foot
modern composite, wood grain textured, privacy fence to be located where the existing fence line is
currently. In order to assure this 2-foot increase in height fence is safe during high winds, or wind gusts,
the fence will be slated to allow air to flow through. Composite technology fencing is designed to
withstand weathering and decay, while assuring a long-lasting pleasing aesthetic. Also, it should be
noted that because the grade of the existing fence line has a natural slope to it, the additional height of
the fence will visually appear as 6-foot high fence, while effectively blocking the headlights from
entering the building at night.
We greatly appreciate your consideration of this application and we look forward to the becoming a
valued member of the Lakeville community.
Best "ards, :
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EXHIBIT C
VARIENCE TO ALLOW DEVELOPMENT OF PRIVACY FENCING
1) That the variance would be consistent with the comprehensive plan.
The proposed screening improvements to the property are reasonable and consistent with the
comprehensive plan. The view of the developed fence on the slope of the northern end of the property
will be an improvement from the current chain link fence. The proposed fence will be made of a
composite material to resemble a cedar privacy fence and will help to provide further screening on the
site which is mimicked throughout with various fencing and landscaping designs.
2) That the variance would be in harmony with the general purposes and intent of this title.
The request is consistent with the spirit and intent of the City of Lakeville’s ordinance because it complies
with the safety, maintenance, and height allowances for commercial use of fencing and screening. The
fence is to be built within the property boundaries and will mimic natural materials and colors of the area
and the building facade. The view of the developed fence will be that of a 3’-4’ tall fence due to the
steep slope where it is located and will be used to prevent headlights from entering the property.
3) That the plight of the landowner is due to circumstances unique to the property not created by
the landowner.
The circumstances for this composite privacy fence are unique to this site due to the dramatic grade
change from the right-of-way to the building façade. The slope decreases by 10’ causing the headlights
from the vehicles exiting Highway 35 to shine directly onto the property and into the senior living
building’s windows. Installing a privacy fence is the most practical way to decrease the amount of light
let onto the site.
4) That the purpose of the variance is not exclusively economic considerations.
This variance for the proposed composite privacy fence is not exclusively economic purposes. The
purposes for this fence is to minimize the headlights cast onto the property and inside the building from
vehicles exiting Highway 35.
5) That the granting of the variance will not alter the essential character of the neighborhood in
which the parcel of land is located.
The proposed fence development will not be injurious to the use and enjoyment of the property or
impede on the essential character of the neighborhood. The new fence will be compatible with the
existing mix of retaining walls and fences in the area and on the parcel of land it is located on.
6) That the requested variance is the minimum action required to eliminate the practical difficulty.
Installing a fence on the parcel of land is the minimum action required to eliminate the practical difficulty.
An eight-foot privacy fence to protect this property from vehicle headlights is proposed in a reasonable
manner that will not negatively impact the surrounding area or pedestrians.
7) Variances may not be approved for any use that is not allowed under the Zoning Ordinance for
property in the zone where the affected person’s land is located.
The use of this eight-foot tall fence is to screen the parcel of land from offsite lighting impacts. The
Lakeville Zoning Ordinance allows eight-foot tall screening fences in Commercial Zoning Uses including
the zoning district of this property.
EXHIBIT D
162nd Street WestS.W.Frontage RoadΔ(KENYON AVENUE)10' HT. COMPOSITE PRIVACYFENCING, TYP.10' HT. COMPOSITE PRIVACYFENCING, TYP.EXISTING RETAININGWALL TO REMAIN, TYP.EXISTING RETAININGWALL TO REMAIN, TYP.EXISTING CHAIN LINKFENCE, TYP.EXISTING CHAIN LINKFENCE,TYP.14.8'
FENCE
15.4'
FENCE
14.2'
FENCE
15.1'
BACK
OF
WALL
15.3'
BACK
OF
WALL
15.9'BACKOFWALL
4931 W. 35TH ST. SUITE 200ST. LOUIS PARK, MN 55416CivilSiteGroup.comMatt PavekPat Sarver763-213-3944952-250-2003COPYRIGHT 2013 CIVIL SITE GROUP INC.cISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION10/06/17 CITY SUBMITTAL10/25/17 CITY RESUBMITTAL. .. .. .. .. .. .. .. .. .. .. .
MOMENTS OF LAKEVILLE
COUNTRY ROAD 46 & HWY 35, LAKEVILLE, MN 55044
POBOX 16101, MINNEAPOLIS, MN 55416
TMSC OF LAKEVILLE LLC
PROJECT
24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.10/25/17REVISION SUMMARYDATE DESCRIPTIONC2.0SITE PLAN. .. .. .. .. .. .SITE PLAN LEGEND:01" = 20'-0"20'-0"10'-0"NGOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALCOMPOSITE PRIVACY FENCEEXHIBIT E
10.0'10'-0" HT. COMPOSITE PRIVACY FENCING, TYP.PUBLIC CITY SIDEWALKEASTBOUND LANES COUNTY ROAD 46WESTBOUND LANES COUNTY ROAD 46OFF-RAMP TRAFFIC FROM HIGHWAY 35PROPERTY LINEMEDIANLANDSCAPE BOULEVARDKENYAN RETAIL - LAKEVILLE SENIOR PROPERTYREFER TO COMPOSITE PRIVACY FENCE - 10' HT. DETAILEXISTING BUILDING FACADE4931 W. 35TH ST. SUITE 200ST. LOUIS PARK, MN 55416CivilSiteGroup.comMatt PavekPat Sarver763-213-3944952-250-2003COPYRIGHT 2013 CIVIL SITE GROUP INC.cISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION10/06/17 CITY SUBMITTAL10/25/17 CITY RESUBMITTAL. .. .. .. .. .. .. .. .. .. .. .
MOMENTS OF LAKEVILLE
COUNTRY ROAD 46 & HWY 35, LAKEVILLE, MN 55044
POBOX 16101, MINNEAPOLIS, MN 55416
TMSC OF LAKEVILLE LLC
PROJECT
24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.10/25/17COMPOSITE PRIVACY FENCE - 10' HT.TRASH ENCLOSURE WALLSTD. 6' (NOM.) SECTION5'FENCE SECTION ELEVATIONPLAN10'-0"4X4 POST W/ BEVEL TOP TYP.STD. 6' (NOM.) SECTION1X4 BOARDS2X4 TOP CAP2X4 TOP CAP (NOT SHOWN)+/- 5.0' TYP.+/- 5.0' TYP.18" WIDE CONCRETE FROST FOOTINGSINSTALLER REQUIRED TO OBTAINCERTIFICATION OF SIZE MEETINGSTRUCTURAL REQUIREMENTS2X4 FENCE RAIL (5)1X4 INFILL BOARDS2 COURSES CLEAR BOARDS4X4 POST W/ BEVEL TOP TYP.REVISION SUMMARYDATE DESCRIPTIONC3.0DETAILS. .. .. .. .. .. .01" = 5'-0"5'-0"2'-6"N1KENYON RETAIL COMPOSITE FENCE ELEVATIONEXHIBIT F
EXHIBIT G