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HomeMy WebLinkAboutItem 08• • • • • • ☐☐ • (Reserved for Dakota County Recording Information ) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA KENWOOD HILLS VARIANCE 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a variance from the required 10-foot wetland buffer setback in the Kenwood Hills PUD to allow the construction of a deck onto the existing detached townhouse located at 18254 Jurel Way. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 9, Block 3, Kenwood Hills 2nd Addition 3. Expiration. This variance shall expire unless the applicant commences construction of the deck within one year of the date of this variance, unless an extension is approved by the Zoning Administrator. DATED: October 1, 2018 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor BY: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of October 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 STATE OF MINNESOTA ) ( ss. CITY OF LAKEVILLE ) I hereby certify that the foregoing variance is a true and correct copy of the variance presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 1st day of October 2018 as shown by the minutes of said meeting in my possession. _______________________ Charlene Friedges, City Clerk (SEAL) DRAFTED BY: The City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA LOT 9, BLOCK 3, KENWOOD HILLS 2ND ADDITION VARIANCE FINDINGS OF FACT AND DECISION On September 20, 2018, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the 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. The City Council hereby adopts the following: 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. 2 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. 6. The report dated 11 September 2018 prepared by The Planning Company LLC is incorporated herein. 7. At their September 20, 2018 meeting, the Planning Commission motion to recommend City Council approval of the variance application failed by a 0-5 vote. DECISION The City Council hereby approves the variance application based on the findings outlined herein. DATED: October 1, 2018 LAKEVILLE CITY COUNCIL BY: ___________________________ Douglas P. Anderson, Mayor BY: ___________________________ Charlene Friedges, City Clerk 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA LOT 9, BLOCK 3, KENWOOD HILLS 2ND ADDITION VARIANCE FINDINGS OF FACT AND DECISION On September 20, 2018, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the 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. The City Council hereby adopts the following: 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. 2 Finding: The need for the requested variance is due to the developer constructing the existing detached townhouse with a patio door on the rear wall at the required setback line, which does not allow area for construction of a deck in compliance with the requirements of the PUD District. The plight of the developer in this circumstance was created by them by not constructing a detached townhouse plan upon the lot whereby the entire townhouse, including a deck, could be entirely within the required setbacks as has been done on other lots within the subdivision that are subject to the same setback requirements. 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 would allow the construction of a deck on an existing detached townhouse located on Lot 9, Block 3, Kenwood Hills 2nd Addition to less than 10 feet from a wetland buffer inconsistent with the requirements of the PUD District and PUD Development Stage Plan for Kenwood Hills to which all other structures constructed to date have complied with. 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. 6. At their September 20, 2018 meeting, the Planning Commission motion to recommend City Council approval of the variance application failed by a 0-5 vote. DECISION The City Council hereby denies the variance application based on the findings outlined herein. DATED: October 1, 2018 3 LAKEVILLE CITY COUNCIL BY: __________________________ Douglas P. Anderson, Mayor BY: ___________________________ Charlene Friedges, City Clerk Planning Commission Meeting Minutes, September 20, 2018 Page 2 that existing landscaping at the DEA substation site consists of mature evergreen trees and adequately screens the substation and the proposed antenna. DEA has agreed to combine a separate abutting parcel they own south of the principal substation parcel, thereby eliminating a non-conformity. DEA representatives will contact Dakota County regarding the formal procedure to combine the parcels. Mr. Dempsey stated that staff recommends approval of the DEA IUP for an accessory antenna subject to the three stipulations listed in the September 14, 2018 planning report, and adoption of the Findings of Fact dated September 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Reuvers to close the public hearing at 6:06 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission agreed that this is a good location to install the antenna and it will blend in with the surroundings. Motion was made by Lillehei, seconded by Reuvers to recommend to City Council approval of the Dakota Electric Association interim use permit to allow an accessory antenna greater than 50 feet in height in the C-3, General Commercial District, located at 17709 Cedar Avenue, subject to the following stipulations, and adoption of the Findings of Fact dated September 20, 2018: 1. The antenna and tower shall not exceed 58 feet in height 2. The interim use permit for the 58 foot tall accessory antenna and tower shall expire when the antenna and tower is no longer needed for the operation s of Dakota Electric Association or their successors 3. The two Dakota Electric Association owned parcels (PID220090079013 & 220090079012) shall be combined into a single parcel Ayes: Einck, Lillehei, Kaluza, Swenson, Reuvers Nays: 0 6. Kenwood Hills Chair Kaluza opened the public hearing to consider the application of Kenwood Hills LLC (aka Homestead Partners LLC) for a variance from the wetland buffer setback to allow the construction of a deck onto the rear of an existing detached townhome within the Kenwood Hills PUD, located at 18254 Jurel Way. Planning Commission Meeting Minutes, September 20, 2018 Page 3 Tom Bakritges and Chuck Ryan from Homestead Partners were in attendance at tonight’s meeting. Mr. Bakritges provided an overview of their request. Mr. Bakritges pointed out the environmental constraints with the development of the Kenwood Hills project, including slopes and wetlands. He explained there is a unique construction method they use called the Diamond Pier Foundation System that will minimize impacts in the wetland buffer area for installation of the proposed deck footings. Mr. Bakritges stated that the survey submitted with the variance application showed the proposed deck on the left (north) side of the home. He provided a revised survey showing the deck on the right (south) side of the home consistent with the location of the existing patio door on the rear of the home. He stated he supports the planning report and the draft findings of fact. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the proposed deck, located on Lot 9, Block 3, Kenwood Hills 2 nd Addition, would encroach into a required wetland buffer setback. The subject site is zoned PUD, Planned Unit Development District. The detached townhome constructed on the subject site complies with all the required minimum setbacks of the PUD District. Mr. Licht explained that there is a wetland to the east of the lot. The 10 -foot setback from the wetland buffer extends into the unit lot to the rear wall of the detached townhome. A 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. Mr. Licht stated that the developer is requesting a variance to allow for construction of the proposed deck into the required 10-foot setback from the wetland buffer. He explained the practical difficulty encountered by the developer is that the required setback from the wetland buffer overlays the unit lot limiting the buildable area therein. Mr. Licht also described the Kenwood Hills 2nd Addition re-plat approved in 2016. Mr. Licht stated that staff recommends approval of a variance from the 10-foot wetland buffer setback required by the Kenwood Hills PUD District and adoption of the Findings of Fact dated September 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Swenson to close the public hearing at 6:20 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: Planning Commission Meeting Minutes, September 20, 2018 Page 4 • Commissioner Reuvers referred to the variance criteria listed in Section 11 -6- 5.C of the Zoning Ordinance where it states the variance request is “unique to the property not created by the landowner”. He believes the PUD zoning of this property is designed to address this request. • There was a discussion regarding whether other lots in Kenwood Hills have the same situation and could potentially request a variance too. Mr. Morey indicated that he researched this question and determined there would be a maximum of three detached townhome lots that could request a similar variance. One is the existing detached townhome on the lot to the north, which has a three-season porch and meets the wetland buffer setback, and the other is one of the three vacant lots located immediately north of that lot. Chuck Ryan stated JMS Custom Homes will restrict the types of house plans that would be offered for the three vacant lots in order to meet the 10-foot wetland buffer setback. The existing detached townhome with the three -season porch was also designed to meet the 10-foot wetland buffer setback. • The Planning Commissioners support the request for the deck but agreed that amending the PUD would be more appropriate. They also questioned whether restrictive covenants could be recorded against the three vacant lots to ensure that the detached townhomes to be constructed on those lots meet the 10 -foot wetland buffer setback. • Mr. Morey reviewed the application process and timing if the developer were to apply for a PUD amendment. Mr. Morey stated that the PUD amendment would have to be advertised for a public hearing to be held at the October 18th Planning Commission meeting. The developer could request a special City Council meeting prior to their work session on October 22nd to consider the PUD amendment application. If not, the next possible City Council meeting would be November 5th. The developer stated this would be too late in the year to build the deck. • Mr. Morey clarified that even if the Planning Commission denies the variance request at tonight’s meeting, the developer can still request the variance application be considered at the October 1st City Council meeting. Chair Kaluza called for a recess at 6:44 so the developer could discuss his options with staff. Reconvened at 6:55 • Mr. Bakritges thanked the Planning Commission for the meeting break to discuss his options with staff. He requested the Planning Commission take action this evening on his variance application. Motion was made by Reuvers, seconded by Swenson to recommend to City Council approval of the Kenwood Hills LLC variance from the wetland buffer setback to allow the construction of a deck onto the rear of an existing detached townhome within the Kenwood Hills PUD, located at 18254 Jurel Way, and adoption of the Findings of Fact dated September 20, 2018: Ayes: 0 Planning Commission Meeting Minutes, September 20, 2018 Page 5 Nays: Lillehei, Kaluza, Swenson, Reuvers, Einck The Planning Commission supports construction of the deck but believes that a PUD amendment would be the preferred application. Motion was made by Reuvers, seconded by Einck to direct staff to prepare findings of fact to reflect their discussion and recommendation. Ayes: Kaluza, Swenson, Reuvers, Einck, Lillehei Nays: 0 There being no further business, the meeting was adjourned at 6:59 pm. Respectfully submitted, Penny Brevig, Recording Secretary 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 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) 2 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. 3 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