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HomeMy WebLinkAboutItem 06.m Date: Item No. WHITE FUNERAL HOME & LAKEVILLE DENTAL MINOR VARIANCE Proposed Action Staff recommends adoption of the following motion: Move to approve the minor variance for White Funeral Home’s parking lot and Lakeville Dental’s parking lot and freestanding sign and adopt the findings of fact. Overview Last year, as part of the CSAH 50 improvement project, City staff worked with the property owners at 20134 Kenwood Trail (White Funeral Home) and 20171 Icenic Trail (Lakeville Dental) to relocate their parking lots and freestanding signs. The subject properties were required to convey 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 where practical difficulties to properties are created as a result of public action. Most of the site work has been completed, as approved by City staff, but a minor variance is needed for compliance with Zoning Ordinance requirements. White Funeral Home is also constructing a new freestanding sign with a five foot setback from the property line that abuts CSAH 50, but a five foot setback variance for their previous freestanding sign was approved in 1993. Planning and Engineering staff recommend the City Council approve a minor variance to reduce the setback for the portion of the White Funeral Home parking lot that abuts CSAH 50 right-of-way from 15 feet to five feet on the west side of the building, from 15 feet to 10 feet on the east side of the building, and from 15 feet to five feet from Icenic Way right-of-way on the north side of the building. Planning and Engineering staff also recommend the City Council approve a minor variance to reduce the setback for the portion of the Lakeville Dental parking lot that abuts CSAH 50 right-of-way from 15 feet to zero feet and to reduce the setback for the freestanding sign that abuts CSAH 50 right-of-way from 15 feet to 11 feet. 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 public right-of-way from the two subject properties. Supporting Information • Variance forms • Findings of fact • Location Map • Site Plans Financial Impact: Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Brent Jones, Planning Assistant/Code Enforcement Technician June 4, 2018 None Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO. 18-____ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a minor variance for White Funeral Home to reduce the setback for the portion of the White Funeral Home parking lot that abuts CSAH 50 right-of-way from 15 feet to five feet on the west side of the building, from 15 feet to 10 feet on the east side of the building, and from 15 feet to five feet from Icenic Way right-of-way on the north side of the building. 2. Property. The variance is for the following described properties in the City of Lakeville, Dakota County, Minnesota: 20134 Kenwood Trail PT OF NW ¼ OF NW ¼ COM INT NE R/W STH #50 & W LINE SE ON R/W 475 FT TO BEG CONT SE ON R/W 250 FT NE AT RT ANG 300 FT NW AT RT ANG 250 FT SW AT RT ANG 300 FT TO BEG EX NE’LY 50 FT EX PAR 76 MN DOT R/W PLAT 19-120 2 Date:_ _June 4, 2018____ CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 4th day of June, 2018 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 (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 Lakeville Dental to reduce the setback for the portion of the Lakeville Dental parking lot that abuts CSAH 50 right-of-way from 15 feet to zero feet and to reduce the setback for the freestanding sign that abuts CSAH 50 right-of-way from 15 feet to 11 feet. 2. Property. The variance is for the following described properties in the City of Lakeville, Dakota County, Minnesota: 20171 Icenic Trail PT OF NW 1/4 OF NW 1/4 COM INT NE R/W SH #50 & W LINE NW 1/4 SE ON R/W 725 FT TO PT OF BEG CONT SE ON R/W 150 FT L 90D 150 FT L 90D 150 FT L 90D 150 FT TO PT OF BEG EX PT HGWY EX PAR 77 STH R/W 19-120 EX PT DESIGNATED AS PARCEL 64 DAKOTA CO R/W MAP NO 469 2 Date:_ _June 4, 2018____ CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 4th day of June, 2018 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 WHITE FUNERAL HOME & LAKEVILLE DENTAL MINOR VARIANCE FINDINGS OF FACT 1. The subject properties are located in Comprehensive Planning District 5 (Central Area/Heritage Commons), which guides the properties for commercial use. 2. The subject properties are zoned C-3, General Commercial District. 3. The legal descriptions of the subject properties are: 20134 Kenwood Trail PT OF NW ¼ OF NW ¼ COM INT NE R/W STH #50 & W LINE SE ON R/W 475 FT TO BEG CONT SE ON R/W 250 FT NE AT RT ANG 300 FT NW AT RT ANG 250 FT SW AT RT ANG 300 FT TO BEG EX NE’LY 50 FT EX PAR 76 MN DOT R/W PLAT 19 - 120 20171 Icenic Trail PT OF NW 1/4 OF NW 1/4 COM INT NE R/W SH #50 & W LINE NW 1/4 SE ON R/W 725 FT TO PT OF BEG CONT SE ON R/W 150 FT L 90D 150 FT L 90D 150 FT L 90D 150 FT TO PT OF BEG EX PT HGWY EX PAR 77 STH R/W 19-120 EX PT DESIGNATED AS PARCEL 64 DAKOTA CO R/W MAP NO 469 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 commercial uses, 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: The parking lot and freestanding sign setbacks meets the intent of the Zoning Ordinance. 2 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. Finding: The purpose of the variance is due to the landowners providing additional 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 reduced setback for the parking lots and the freestanding sign 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 the parking lot at White Funeral Home and to reduce the required setback for the parking lot and freestanding sign at Lakeville Dental 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: Parking lots and freestanding signs are allowed accessory uses in the C-3 District. 3 DECISION The City Council approves the variance in the form attached hereto. DATED: June 4, 2018 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor BY: ________________________ Charlene Friedges, City Clerk WHITE FUNERAL HOME & LAKEVILLE DENTAL MINOR VARIANCE Property InformationDakota County May 31, 2018 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.