HomeMy WebLinkAboutItem 06.l
September 17, 2018 Item No. _____
POEHLING CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Poehling
conditional use permit and adopt the findings of fact.
Overview
Tim and Kristin Poehling have submitted an application for a conditional use permit to allow
the construction of a new single-family home with a proposed attached accessory building
area greater than 1,250 square feet. The property is a 2.74-acre vacant parcel located at 19553
Iteri Avenue. The proposed attached accessory building includes 1,084 square feet of garage
and a 1,620 square foot athletic training area for a total of 2,704 square feet. The conditional
use permit would include allowance for a future additional 200 square feet of detached
accessory building area bringing the total to 2,904 square feet of accessory building area
allowed on the property. The application narrative describes the request and the purpose of
the proposed athletic training use.
The Planning Commission held a public hearing on the conditional use permit application at
their September 6, 2018 meeting and unanimously recommended approval subject to five
stipulations. There was public comment from one resident. Stipulation number five has
been met with the submittal of the revised survey.
Primary Issues to Consider
Is the attached accessory building square footage compatible with properties in the
neighborhood? The proposed Poehling house will be nearly 15,000 square feet in area. The
proposed 2,704 square feet of attached garage on the 2.74-acre property is architecturally
proportional in scale to the proposed house and not out of character with other single-family
homes in the area.
Supporting Information
• Conditional use permit
• Findings of fact
• September 6, 2018 draft Planning Commission meeting minutes
• Revised survey
• August 31, 2018 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
None
Zoning Ordinance
1
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 18- ___
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants a conditional use permit to Tim and Kristin Poehling to allow
a new single-family home with attached accessory building area greater than 1,250
square feet in the RS-2, Single Family Residential District on property located at
19553 Iteri Avenue.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
That part of the Northwest Quarter of the Southeast Quarter of Section 19,
Township 114, Range 20, described as follows: Commencing at the Northeast
corner of the Southwest Quarter of Northeast Quarter and running thence South
89° 12' 08" West along the North line thereof a distance of 554.79 feet to the
beginning of a centerline of a road; thence South 03° 07' 40" East and along
centerline of road a distance of 573.47 feet; thence South 00° 02' 40" East and
along said centerline of road a distance of 782.38 feet to the actual point of
beginning; thence continuing South 00° 02' 40" East along said centerline of road
a distance of 467.62 feet; thence South 74° 57' 20" West and along said centerline
of road a distance of 250.0 feet; thence North 00° 10' 53" West, a distance of 469.14
feet; thence North 75° 20' East, a distance of 250.00 feet to the actual point of
beginning, according to the Government Survey thereof.
3. Conditions. This conditional use permit is issued subject to the following
conditions:
a) The total accessory building area (combined attached and detached) on the
property shall not exceed 2,904 square feet.
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b) The athletic training accessory space shall not be used for the operation of any
commercial business or for the storage of commercial materials or equipment.
c) Restroom facilities shall not be installed within any accessory building area.
d) The private water well shall be sealed in compliance with Dakota County
requirements in conjunction with the new home construction.
4. Revocation. The City may revoke the conditional use permit for cause upon
determination that the conditional use permit is not in conformance with the conditions
of the permit or is in continued violation of the city code or other applicable regulations.
5. Expiration. This conditional use permit shall expire unless the applicant commences
the authorized use within one year of the date of this conditional use permit unless an
extension is approved by the Zoning Administrator.
DATED: September 17, 2018
CITY OF LAKEVILLE
BY: ________________________
Douglas P. Anderson, Mayor
BY: ________________________
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 17th day of September
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
ITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
POEHLING CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On September 6, 2018 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the request of Tim and Kristin Poehling for a conditional use permit to allow an
attached garage greater than 1,250 square feet for a single family home in the RS-2, Single Family
Residential District on property located at 19553 Iteri Avenue. 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. 5 of the 2008 Comprehensive Plan, which guides the
property for low density residential uses.
2. The property is currently zoned RS-2, Single Family Residential District.
3. The legal description of the property is:
That part of the Northwest Quarter of the Southeast Quarter of Section 19, Township 114,
Range 20, described as follows: Commencing at the Northeast corner of the Southwest Quarter
of Northeast Quarter and running thence South 89° 12' 08" West along the North line thereof a
distance of 554.79 feet to the beginning of a centerline of a road; thence South 03° 07' 40" East
and along centerline of road a distance of 573.47 feet; thence South 00° 02' 40" East and along
said centerline of road a distance of 782.38 feet to the actual point of beginning; thence
continuing South 00° 02' 40" East along said centerline of road a distance of 467.62 feet; thence
South 74° 57' 20" West and along said centerline of road a distance of 250.0 feet; thence North
00° 10' 53" West, a distance of 469.14 feet; thence North 75° 20' East, a distance of 250.00 feet to
the actual point of beginning, according to the Government Survey thereof.
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 single-family home use of the property is consistent with the 2030 Land Use
Plan and District 5 recommendations of the Comprehensive Plan. The proposed 1,084 square foot
attached garage and 1,620 athletic training area accessory building space results in an area
representing 18% of the finished floor area of the 14,922 square foot home.
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b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: Provided compliance with the conditional use permit, the attached accessory building will be
compatible with present 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 attached accessory building
square footage and the use of that space 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 subject property lies within in the current MUSA. The property is served with City
sanitary sewer and water. The attached accessory building square footage will have no impact
on the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: The attached accessory building will not overburden the streets serving the property.
5. The planning report dated August 31, 2018 prepared by Associate Planner Frank Dempsey is
incorporated herein.
DECISION
The City Council approves the Poehling conditional use permit in the form attached thereto.
DATED: September 17, 2018
CITY OF LAKEVILLE
BY:___________________________
Douglas P. Anderson, Mayor
BY:_____________________________
Charlene Friedges, City Clerk
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP
Associate Planner
Date: August 31, 2018
Subject: Packet Material for the September 6, 2018 Planning Commission Meeting
Agenda Item: Poehling Conditional Use Permit
Application Action Deadline: October 15, 2018
INTRODUCTION
Tim and Kristin Poehling have submitted an application for a conditional use permit to allow
the construction of a new single family home with a combined attached accessory building
area greater than 1,250 square feet. The property is a 2.74-acre vacant parcel located at 19553
Iteri Avenue. The proposed attached accessory building includes a 1,084 square foot
attached garage and a 1,620 square foot athletic training area in an attached accessory
building space that would total 2,704 square feet. The application narrative describes the
request and the purpose of the proposed use of the accessory building space.
The following exhibits are attached for your review:
Exhibit A – Location/Zoning Map
Exhibit B – Aerial Photo Map
Exhibit C – Applicant Narrative
Exhibit D – Certificate of Survey
Exhibit E – Building Floor and Elevation Plans (5 Pages)
Exhibit F – List of approved conditional use permits for accessory buildings – 1981 to present
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PLANNING ANALYSIS
Existing Conditions. The subject property is vacant and totals 2.74 acres in area. The house
that had been on the property since 1972 was moved to a location outside the city in early
2018. The property is a metes and bounds described parcel subdivided in the mid-1960’s and
known as Appaloosa Farm.
The property was served with City sewer and water in 2005 as part of the neighborhood
public improvement project. The septic systems at that time were abandoned. The property
owners at that time were allowed to continue to use the well for outside, non-domestic use.
The new construction and the conditional use permit will require that the well be sealed.
Adjacent Land Uses. The subject property is zoned RS-2, Single Family Residential District.
Adjacent land uses and zoning are as follows:
North – Undeveloped Single Family Home Lot (RS-2)
East – Iteri Avenue and Single Family Homes (RS-2)
South – Iteri Court West and Single Family Homes (RS-2)
West – Single Family Home (RS-2)
Setbacks. The minimum setback for the home is 30 feet from the front, rear, and street side
lot lines and 15 feet from the interior side lot line. The house will comply with setback
requirements as follows:
Front (south): 55 feet
Rear (north): 100+ feet
Side, street (east): 35 feet
Side, interior (west): 83.6 feet
Total Accessory Building Area. The applicant’s narrative and plans indicate that the
attached accessory building space will be used for vehicle storage in the 1,084 square foot
space and athletic training activities in the 1,620 square foot space attached to the vehicle
storage/garage. This proposes a total attached accessory building area of 2,704 square feet.
Staff recommends that consideration be given to allow a detached storage building on the
property if the owner wishes to install one in the future. Staff suggests allowing a maximum
combined accessory building area of 2,904 square feet. This will allow the future construction
of an accessory building up to 200 square feet without having to amend the conditional use
permit.
Screening. The property includes stands of mature trees to the west and north that will not
be greatly impacted by site grading according to the proposed grading plan.
Driveway. The proposed driveway will provide access to and from Iteri Avenue. The
driveway is required to be paved with bituminous, concrete or paver brick.
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Building Height. A maximum allowable building height for a single family home is 35 feet.
The proposed house will be just under 32 feet in height, as defined by the Zoning Ordinance.
Lowest Allowable Floor Elevation. The zoning ordinance requires that the lowest allowable
finished floor area is a minimum of three feet above the highest known water level.
Sanitary Sewer and Water Services. The property has access to City sewer and water
located within or adjacent to Iteri Avenue. Connection locations will be determined at the
time of building permit review. The plans propose floor drains in both the garage and the
athletic training area. No bathroom fixtures are allowed in the accessory building spaces.
Well. The existing well must be identified and properly sealed in accordance with Dakota
County requirements.
Non-Conforming Conditions. The conditional use permit review process requires that any
and all non-conforming conditions be identified and brought into compliance as is
reasonably feasible. The only non-conforming condition appears to be the water well which
will be sealed as a stipulation of the conditional use permit.
CONDITIONAL USE PERMIT ANALYSIS
The Zoning Ordinance allows the accessory building area requirement to be exceeded by
conditional use permit subject to the following criteria as listed in Section 11-18-5 of the
Zoning Ordinance:
A. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
The property owner has indicated a need for the proposed accessory building area greater
than 1,250 square feet to be used for purpose of configurable cross-fit training for personal
and family use. Since the athletic training space is considered separate from the enclosed,
occupiable space of the house, this space is considered accessory building area. If the
applicant or a future owner of the property wanted to convert the athletic training space to
garage space, that could be done without future zoning approval.
B. No accessory building or private garage shall be utilized for all or a portion of a
home occupation, for commercial activities or for commercial storage.
The applicant indicates that the accessory building will be used for personal storage and
athletic training purposes. The athletic training space shall not be used for business
purposes for a home occupation, or for the storage of commercial vehicles or equipment.
C. The accessory building has an evident reuse or function related to a single-family
residential environment in urban service areas or hobby farm environment in
nonurban service areas of the city.
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The proposed accessory building space, which includes the athletic training space, is
accessed from the driveway via overhead doors. The athletic training space could be
converted to vehicle parking or accessory storage space. The proposed accessory building
area and design is unique and incomparable to other past requests that received
conditional use permit approval. Attached Exhibit G is a list of accessory building
conditional use permits approved since 1981. The total proposed accessory building area
will be approximately 18% of the floor area of the house and less than 2.5% of the area of
the property.
D. Detached accessory buildings shall be maintained in a manner that is compatible
with the adjacent residential uses and does not present a hazard to public health,
safety and general welfare.
The proposed attached accessory building space will be incorporated into the house design
as shown on the building exterior elevations and floor plan and will be compatible with
other single family homes in the area.
E. The performance standards and criteria of section 11-4-7 of this title shall be
considered and a determination made that the proposed activity is in compliance
with such criteria.
The provisions of section 11-4-7 of the Zoning Ordinance (Conditional Use Permits) have
been considered and satisfactorily met. Please refer to the attached findings of fact.
RECOMMENDATION
Planning Department staff recommends approval of the Poehling conditional use permit to
allow a total accessory building area in excess of 1,250 square feet for an attached garage in
the RS-2 District located at 19553 Iteri Avenue subject to the following stipulations:
1. The total accessory building area (combined attached and detached) on the property
shall not exceed 2,904 square feet.
2. The athletic training accessory space shall not be used for the operation of any
commercial business or for the storage of commercial materials or equipment.
3. Restroom facilities shall not be installed within any accessory building area.
4. The private water well shall be sealed in compliance with Dakota County requirements
in conjunction with the new home construction.
5. The survey shall be amended prior to City Council consideration of the conditional use
permit to include the location of the private well and any other recorded easements
on the property.
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Property InformationDakota County
Au gust 17, 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.
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Applicant Year Size (sf) Zoning Inside MUSA Parcel Size
Poehling 2018 2,904 RS-2 Yes 2.74 acres
Berres 2017 4,240 RS-3 Yes 10.00 acres
Lynch 2016 1,617 RS-2 Yes 1.04 acres
Durst 2016 1,656 RS-3 Yes 0.73 acres
Boecker 2014 +2% Lot Area RA No 1.41 acres
Radke 2013 22 feet tall RS-3/Shoreland Yes 0.38 acres
Helman 2013 1,614 RS-3 Yes 1.0 acre
Lau 2013 2,927 RA No 2.0 acres
Sarff 2012 882 RST-2 Yes 0.38 acres
Johnson 2010 16,760 RA No 9.6 acres
Hellevik 2010 5 Bldgs RA No 10 acres
Miler 2008 Exc. 15 ft RS-1 Yes 1.42 acres
Goss 2008 4,032 RA No 30 acres
Piekauski 2006 1,344 RS-3 Yes 1.60 acres
Meyer 2006 1,572 RS-3 Yes 66 acres
Rimnac 2005 2,096 RS-2 Yes 7.3 acres
Spangler 2005 869 RS-2 Yes 2.3 acres
Weinel 2004 1,480 RS-3 Yes 0.69 acres
Hanson 2002 576 RS-3 Yes 1.5 acres
Drogmuller 2002 2,184 RM-1 No 10 acres
Steinman 2002 624 RM-1 Yes 1.4 acres
Zeien 2001 1,102 RS-3 Yes 1.5 acres
Emond 2001 864 RS-CBD Yes 0.25 acres
Riehm 2000 1,310 RM-1 Yes 1.96 acres
Graham 2000 1,078 RS-CBD Yes 0.57 acres
Jensen 2000 1,470 RS-3 Yes 0.52 acres
Laun 2000 952 RS-CBD Yes 0.50 acres
Hendrickson 2000 4,452 R-2 Yes 15 acres
Pietsch 1999 2,400 R-1 No 22 acres
Smith 1999 896 R-3 Yes 0.35 acres
Edmonson 1998 864 R-2 Yes 3.0 acres
Krebs 1998 2,400 R-1 No 9.1 acres
Forland 1998 1,462 R-1 No 5.0 acres
Stuke 1998 2,520 R-1 No 20 acres
Miller 1996 2,240 R-2 Yes 3.7 acres
Menke 1996 1,620 R-2 Yes 15 acres
Teal 1996 2,160 R-2 Yes 10 acres
Curren 1995 960 R-2 Yes 3.0 acres
Cronen 1995 2,396 R-1 No 10 acres
Koble 1994 2,400 R-2 Yes 10 acres
Goetze 1993 1,232 R-2 Yes 4.3 acres
Fenner 1993 936 R-2 Yes 9.5 acres
Oster 1992 2,400 R-2 Yes 10 acres
Clifford 1990 288 R-1 No 20 acres
Moe 1990 1,600 R-2 Yes 2.0 acres
Olson 1989 1,728 R-2 Yes 9.4 acres
Storlie 1989 1,196 R-1 Yes 3.0 acres
Moss 1985 2,000 R-1 Yes -
Tangen 1984 1,800 R-2 Yes -
Grossman 1983 672 RA Yes -
Johnson 1983 3,402 R-1 Yes -
Radunz 1983 5,000 R-2 Yes -
LaFavor 1983 1,600 R-2 Yes -
Harris 1982 900 R-2 Yes -
Campbell 1982 400 R-2 Yes -
Kalmes 1982 720 R-2 No -
Zak 1981 1,632 I-1 No