HomeMy WebLinkAboutItem 06
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 11 September 2018
RE: Lakeville; Kenwood Hills; 18254 Jurel Way variance
TPC FILE: 135.01
BACKGROUND
Homestead Partners LLC (d/b/a Kenwood Hills LLC) has constructed a one-story walkout
basement detached townhome on Lot 9, Block 3, Kenwood Hills 2nd Addition that has been
used as the sales model for the development. The developer has a potential buyer for the
house that is requesting construction of a 10 foot deep by 16 foot wide deck from the main
level on the rear of the structure. The proposed deck would encroach into a required wetland
buffer setback. The subject site is zoned PUD, Planned Unit Development District in
accordance with the ordinance and PUD Development Stage Plan approved by the City Council
on 1 December 2014 and amended by approval of the City Council on 19 January 2016, 19
September 2016, and 4 September 2018. The developer is requesting approval of a variance to
allow the proposed deck construction. A public hearing to consider the variance request has
been noticed for the Planning Commission meeting on 20 September 2018.
Exhibits:
A. Site location map
B. Applicant’s narrative dated August 24, 2018
C. Certificate of Survey
D. Building floor and elevation plans (4 pages)
E. Applicant pictures (6 pages)
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ANALYSIS
Comprehensive Plan. The Comprehensive Plan guides the subject site for low-to-medium
density residential uses. There are severe physical constraints effecting the development of
Kenwood Hills, including steep slopes, wetlands, and utility easements. The Kenwood Hills
subdivision has been designed and the City established PUD District performance standards
have been based on the feasibility of constructing detached townhomes in consideration of
these constraints. The development of the subject site within the unit lot with a detached
townhouse dwelling is consistent with the intent of the Comprehensive Plan to provide for a
residential use of the property within the physical constraints encumbering the Kenwood Hills
subdivision.
Setbacks. The platting of townhouse developments is done with a unit lot to include the
individual dwelling units with base lots that encompass the surrounding yards as common open
space owned and maintained by a homeowners association. The table below outlines the
minimum setbacks required within the Kenwood Hills PUD District. The house constructed on
the subject site complies with all of the required minimum setbacks of the PUD District.
Yard Minimum
Setback
PUD District Perimeter 10ft.
Kenwood Tr. (CSAH 50) ROW 30ft.
Jurel Way ROW 25ft.
Between Bldgs. 10ft.
Wetland Buffer 10ft.
There is a wetland to the northeast of the lot. The house is setback approximately 50 feet from
the wetland. The wetland buffer established on the grading plan for Kenwood Hills 2nd Addition
parallels the rear line of the unit lot of the subject site. The 10 foot setback from the wetland
buffer extends into the unit lot to the rear wall of the detached townhome.
The detached townhome is a one-story structure with a walkout basement. The rear wall of
the detached townhome was constructed with patio doors on the main level and the walkout
basement. The potential buyer is requesting construction of an elevated deck at the main level
patio door that would extend 10 feet from the rear of the detached townhome to the rear line
of the unit lot. The proposed deck is within the unit lot but encroaches into the required
wetland buffer setback.
Variance. The developer is requesting a variance to allow for construction of the proposed
deck into the required 10 foot setback from the wetland buffer. Section 11-6-5 of the Zoning
Ordinance establishes that variance applications are to be approved only when a finding is
made that not granting the variance will result in practical difficulties. "Practical difficulties"
means that the property owner proposes to use the property in a reasonable manner not
permitted by the Zoning Ordinance.
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The intent of the Kenwood Hills PUD District is to provide for flexibilities in subdivision design to
allow for development of detached townhouse dwellings in consideration of the physical
constraints of the property. Platting detached townhouse uses is meant to allow for a building
to be constructed within the full extent of the unit lot and having surrounding open space
managed in common by a homeowners association. The practical difficulty encountered by the
developer with the subject site is that the required setback from the wetland buffer overlays
the unit lot limiting the buildable area therein. The purpose of the wetland buffer setback is to
ensure that there is usable yard space between the principal building and wetland buffer for
outdoor recreation and enjoyment. A wetland buffer setback is not directly applicable to a
townhouse development unit lot which is to provide the defined area for the structure, not
open space.
Furthermore, the environmental constraints within the Kenwood Hills minimize the opportunity
for usable yards, which effectively dictated the subdivision design and type of dwellings that are
being developed. The initial final plat was re-platted as Kenwood Hills 2nd Addition to expand
the buildable area of the unit lots for the detached townhomes, which includes the subject site.
The changes to the final plat in the area of the subject site resulted in elimination of an HOA
owned based lot between the subject site and the adjacent wetland and wetland buffer. The
revisions to the subdivision site resulted in the wetland buffer setback encroaching into the unit
lot for the subject site creating a practical difficulty for construction of a deck onto the
detached townhome.
CONCLUSION
The practical difficulty in utilizing the full extent of Lot 9, Block 3, Kenwood Hills 2nd Addition for
a detached townhome warrants approval of a variance consistent with the intent of the
Kenwood Hills PUD District, function of unit/base lot plats, and requirements for wetland buffer
setbacks. Our office and City staff recommend approval of a variance from the 10 foot
wetland buffer setback required by the Kenwood Hills PUD District. Findings of fact consistent
with this recommendation have been drafted for consideration by the Planning Commission.
c. Alex Jordon, Assistant City Engineer
c Pioneer Engineering
Revisions:
1.) 03-16-17 Stake house
2.) 04-28-17 revise proposed
grades
3.) 8-3-18 Wetland buffer setback
4.) 8-8-18 10' wetland buffer setback
5.) 8-17-18 Add deck
Certificate of Survey for:
2422 Enterprise Drive
Mendota Heights, MN 55120
Ph. : (651) 681-1914
www.pioneereng.comFax: (651) 681-9488
Project # :Folder #:Drawn by:
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
JMS Custom Homes
525 15th Avenue S
Hopkins, MN 55343
(952) 294-2122
1185 SQ FT LL1677 SQ FT ML2862 T SQ FT569 SQ FT GARAGEPLANS PREPAREDBY RICK S6035 Culligan WayMinnetonka, MN 55345Phone: 952-949-3630Fax: 952-949-3730Builder Lic. BC392462JMS Custom Homes, LLC expresslyreserves its common law copyrightand other property rights in theseplans. These plans are not to bereproduced, changed, or copied inany form or manner whatsoever, norare they to be assigned to a thirdparty without first obtaining the writtenpermission and consent of JMSCustom Homes, LLC. In the event ofunauthorized use of these plans by athird party, the third party shall holdJMS Custom Homes, LLC harmless.ã2017 JMS Custom Homes.MN Builder License #BC392462
1185 SQ FT LL1677 SQ FT ML2862 T SQ FT569 SQ FT GARAGEPLANS PREPAREDBY RICK S6035 Culligan WayMinnetonka, MN 55345Phone: 952-949-3630Fax: 952-949-3730Builder Lic. BC392462JMS Custom Homes, LLC expresslyreserves its common law copyrightand other property rights in theseplans. These plans are not to bereproduced, changed, or copied inany form or manner whatsoever, norare they to be assigned to a thirdparty without first obtaining the writtenpermission and consent of JMSCustom Homes, LLC. In the event ofunauthorized use of these plans by athird party, the third party shall holdJMS Custom Homes, LLC harmless.ã2017 JMS Custom Homes.MN Builder License #BC392462
1185 SQ FT LL1677 SQ FT ML2862 T SQ FT569 SQ FT GARAGEPLANS PREPAREDBY RICK S6035 Culligan WayMinnetonka, MN 55345Phone: 952-949-3630Fax: 952-949-3730Builder Lic. BC392462JMS Custom Homes, LLC expresslyreserves its common law copyrightand other property rights in theseplans. These plans are not to bereproduced, changed, or copied inany form or manner whatsoever, norare they to be assigned to a thirdparty without first obtaining the writtenpermission and consent of JMSCustom Homes, LLC. In the event ofunauthorized use of these plans by athird party, the third party shall holdJMS Custom Homes, LLC harmless.ã2017 JMS Custom Homes.MN Builder License #BC392462
1185 SQ FT LL1677 SQ FT ML2862 T SQ FT569 SQ FT GARAGEPLANS PREPAREDBY RICK S6035 Culligan WayMinnetonka, MN 55345Phone: 952-949-3630Fax: 952-949-3730Builder Lic. BC392462JMS Custom Homes, LLC expresslyreserves its common law copyrightand other property rights in theseplans. These plans are not to bereproduced, changed, or copied inany form or manner whatsoever, norare they to be assigned to a thirdparty without first obtaining the writtenpermission and consent of JMSCustom Homes, LLC. In the event ofunauthorized use of these plans by athird party, the third party shall holdJMS Custom Homes, LLC harmless.ã2017 JMS Custom Homes.MN Builder License #BC392462
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
LOT 9, BLOCK 3, KENWOOD HILLS 2ND ADDITION VARIANCE
FINDINGS OF FACT AND RECOMMENDATION
On September 20, 2018, the Lakeville Planning Commission met at its regularly scheduled
meeting to consider application from Kenwood Hills LLC for a variance from the required wetland
buffer setback of the Kenwood Hills PUD District for the property located at 18254 Jurel Way.
The Planning Commission conducted a public hearing on the proposed application 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. Legal description of the property is Lot 9, Block 3, Kenwood Hills 2nd Addition, City of Lakeville,
County of Dakota, State of Minnesota.
2. The property is guided for Low-to-Medium Density Residential land uses by the 2030 Land
Use Plan.
3. The property is zoned PUD District in accordance with the Ordinance approved by the City
Council on 19 September 2016.
4. The applicant is requesting a variance from the minimum 10 foot setback from wetland buffers
required by the PUD District to allow for construction of an elevated deck onto the existing
principal dwelling.
5. Section 11-6-5 of the Zoning Ordinance establishes criteria by which the Planning
Commission is to consider the application for variance requiring a finding be made that failure
to grant the variance will result in practical difficulties and that the following criteria are met:
A. That the variance would be consistent with the comprehensive plan.
Finding: The requested variance is consistent with the Comprehensive Plan for
development of the subject site with detached townhouse dwellings in consideration of the
physical constrains of the subdivision.
B. That the variance would be in harmony with the general purposes and intent of [the Zoning
Ordinance.
Finding: The requested variance is consistent with the intent of the Kenwood Hills PUD
District, development of detached townhouses within unit/base lot plats, and the
requirement for wetland buffer setbacks.
C. That the plight of the landowner is due to circumstances unique to the property not created
by the landowner.
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Finding: The need for the requested variance is due to the unique physical characteristics
of the Kenwood Hills subdivision, which includes wetlands, steep slopes, and utility
easements that limit the buildable area within the development.
D. That the purpose of the variance is not exclusively economic considerations.
Finding: The request for variance is not based exclusively on 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 requested variance will allow for development of Lot 9, Block 3, Kenwood
Hills 2nd Addition to the full extent of the unit lot consistent with the character of the other
unit lots within the subdivision.
F. That the requested variance is the minimum action required to eliminate the practical
difficulty.
Finding: The requested variance is the minimum action required to allow for development
of Lot 9, Block 3, Kenwood Hills 2nd Addition to the full extent of the unit lot.
G. 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.
Finding: The request is not for approval of a use variance.
5. The report dated 11 September 2018 prepared by The Planning Company LLC is incorporated
herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the requested variance
based on the findings outlined herein.
DATED: September 20, 2018
LAKEVILLE PLANNING COMMISSION
BY: __________________________
Pat Kaluza, Chair