HomeMy WebLinkAboutItem 05City of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: October 25, 2018
Subject: Packet Material for the November 1, 2018 Planning Commission Meeting
Agenda Item: Harder Variance, 10341 – 204th Street
Application Action Deadline: December 4, 2018
BACKGROUND SUMMARY
Kyla Harder has applied for a variance to allow the expansion of a deck attached to her single-
family home on her property adjacent to Lake Marion at 10241 - 204th Street. The property is
located in the Shoreland Overlay District and is located within the bluff impact zone. A variance
is required to allow the expanded deck within the minimum 20-foot setback to the bluff edge.
EXHIBITS
A. Zoning/Location Map
B. Aerial Photo
C. Survey/Site Plan submitted with the Variance Application
D. September 6, 2018 Planning Commission Work Session Minutes
E. Zoning Ordinance Illustration and Definition of a Bluff
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PLANNING ANALYSIS
The subject property is located at 10341 – 204th Street on the south side of Lake Marion. The
property consists of a 16,553 square foot (0.38 acre) lot platted in 1971 as Southbluff prior to
the City’s adoption of the Shoreland Ordinance regulations. The lots in this area of the
Southbluff plat that abut the lake are approximately 130-180 feet in depth and are steeply
sloped toward Lake Marion. Some of the lots in this area have steep sloped conditions that
qualify as a bluff, as defined by the Zoning Ordinance.
The Zoning Ordinance requires that properties platted prior to March 1, 1993 that include
bluff areas maintain a minimum building setback of 20 feet from the top of the bluff. A 75-
foot building setback is also required from the Ordinary High Water Level (OHWL) of Lake
Marion but the Zoning Ordinance provides an option to average the setback of any adjacent
non-conforming houses when an adjacent house is closer to the OHWL than the minimum 75
feet provided the averaged setback is not less than 50 feet.
The applicant met with the Planning Commission at a work session on September 6, 2018 to
discuss the proposed deck and to get the Planning Commission’s feedback regarding her
plans and proposed variance. The Planning Commission recommended the survey be revised
to clearly delineate the 50-foot OHWL and 20-foot bluff setback lines. The Planning
Commission did not express support for increasing the non-conformity of the existing deck
by allowing additional deck to extend into the 50-foot OHWL setback.
Ms. Harder has submitted a revised survey to show a 14 to 15.7-foot wide by 26-foot long
deck on the east side of the house in compliance with the OHWL minimum 50-foot setback
requirement.
Existing Non-Conforming Conditions. The survey submitted with the variance application
indicates the following non-conforming conditions:
1. The lot does not meet the lot size or lot width for a lot abutting the lake within the
Shoreland Overlay District.
2. The house and existing deck does not meet the minimum 50-foot setback to the
OHWL or the 20-foot setback to the bluff edge. The house also does not meet the
minimum 10-foot side yard setback to the east property line.
Definition of Bluff: A topographic feature such as a hill, cliff, or embankment having all of
the following characteristics:
• Part or all of the feature is located in a shoreland area. The slope rises at least 25 feet
above the ordinary high water level of the waterbody. The grade of the slope from the
toe of the bluff to a point 25 feet or more above the ordinary high water level averages
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30 percent or greater. The slope drains toward the waterbody.
• An area with an average slope of less than 18 percent over a distance for 50 feet or
more is not considered part of the bluff.
Bluff impact zone: A bluff and land located within 20 feet from the top of a bluff.
VARIANCE
The italic text represents staff’s response to each of the criteria based on the information
provided with the application and staff’s inspection of the property prior to drafting the staff
report.
Section 11-102-23 of the Shoreland Overlay District requires that a variance address and meet
six criteria. No variance shall be granted where it is determined that the variance will have a
tendency to:
A. Result in the placement of an artificial obstruction which will restrict the passage of
storm and flood water in such a manner as to increase the height of flooding, except
obstructions approved by the watershed districts in conjunction with sound
floodplain management.
The proposed deck will be constructed to allow rain water and snow melt to drain through
to a surface that is not impervious to water. A permanent pervious surface below the deck
will be a recommended stipulation of the variance. The proposed deck will not increase the
height of flooding, create obstructions to flood waters and will not be located within a
floodplain.
B. Result in incompatible land uses or which would be detrimental to the protection of
surface and ground water supplies.
The proposed deck addition shown on Exhibit C would not be detrimental to the protection
of surface and groundwater supplies.
C. Be not in keeping with land use plans and planning objectives for the city or which will
increase or cause damage to life or property.
Adjacent lots include homes and decks within the shoreland and bluff impact zone
setbacks. A deck is considered a common accessory structure to single family homes and
will not alter the character of the neighborhood. The proposed variance will not increase,
or cause damage to life or property.
D. Be inconsistent with the objectives of encouraging land uses compatible with the
preservation of the natural landforms, vegetation and the marshes and wetlands
within the city.
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Storm drainage on the site will not be altered with the construction of the new deck. A site
inspection by staff indicated there is no sign of impact or degradation of the bluff under the
current conditions. The deck addition shown on Exhibit C is not considered to be an
increase to the overall impervious surface area of the property of 23.3%. The deck
construction proposes no alterations to the existing grades on site. A large oak tree is
located at the northeast corner of the proposed deck. All efforts shall be made to preserve
and protect the tree in that location. If the tree is damaged or removed before or during
construction of the deck, the tree shall be replaced with two similar species of tree in
compliance with Section 11-21 (Landscaping) of the Zoning Ordinance. The proposed
deck expansion shown on Exhibit C will not be inconsistent with the objective of land use
compatibility and, preservation of natural landforms and vegetation.
E. No permit or variance shall be issued unless the applicant has submitted a shoreland
impact plan as required and set forth in this chapter. In granting any variance, the
council may attach such conditions as they deem necessary to ensure compliance with
the purpose and intent of this chapter.
Since the proposed deck expansion does not include excavation of the existing grades or
the removal of significant trees, a shore impact plan is not considered necessary. A
stipulation will be included that any disturbed surface area of the property resulting from
the construction of the deck expansion be restored upon completion of the construction.
F. The criteria established by section 11-6-5 (variances) of this title are met.
Section 11-6-5 of the Zoning Ordinance states that the Board of Adjustment (City Council)
shall not approve any variance request (major or minor) unless the Board of Adjustment
find failure to grant 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. Economic conditions alone do not constitute practical
difficulties.
Staff’s review of the Harder variance concludes that the survey/site plan shown on Exhibit
C meets the seven criteria listed in Section 11-6-5 of the Zoning Ordinance as described in
the attached findings of fact. The property is a legal non-conforming lot of record. The
applicant has stated that the existing 10-foot wide deck does not allow the property owner
a reasonable, functional use of the deck. The new construction showing on Exhibit C
would comply with the OHWL averaging setback of 50 feet and the yard setback of 10 feet.
Department of Natural Resources (DNR). The DNR was notified of the proposed variance.
The DNR offered no comment.
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RECOMMENDATION
Planning Department staff recommends approval of the Harder variance subject to the following
stipulations:
1. The deck shall be constructed in compliance with the survey/site plan approved by the
City Council.
2. Any disturbed soils resulting from the deck construction shall be restored and
established with suitable groundcover immediately after work in that area is
completed.
3. The deck shall be designed and constructed to allow water to pass through to a
pervious surface area below the deck. The area below the deck shall remain a pervious
surface and shall not include concrete, bituminous or paver brick or similar impervious
surface area.
4. All efforts shall be made to preserve and protect the tree adjacent to the northeast
corner of the proposed deck. If the tree is damaged or removed before or during
construction of the deck, the tree shall be replaced on the property between the
house and the OHWL with two similar species of tree in compliance with Section 11-21
(Landscaping) of the Zoning Ordinance.
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Property Information
Octo ber 11 , 2018
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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.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HARDER VARIANCE
On November 1, 2018 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the application of Kyla Harder for a variance to the 20-foot bluff setback
for the construction of a deck addition in the Shoreland Overlay District of Lake Marion
located at 10341 – 204th Street. 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.
FINDINGS OF FACT
1. The property is located in Planning District No. 4 of the Comprehensive Plan which
guides the property for low density residential land uses.
2. The property is zoned RS-3, Single Family Residential District and Shoreland Overlay
District.
3. The legal description of the property is:
Lot 3, Block 1, Southbluff
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.
The use of the property as a single-family home with a deck is consistent with the low
density residential land use designation of the Comprehensive Plan.
b) That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
The proposed deck addition to the single-family home and the proposed
encroachment into the bluff impact zone will be consistent and in harmony with other
single family properties in the area.
c) That the plight of the landowner is due to circumstances unique to the property
not created by the landowner.
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The lot is legal non-conforming in terms of lot area and building setback. The lot
configuration is a unique circumstance to the property not created by the property
owner/applicants. The deck addition is a reasonable use of property for a single-family
home.
d) That the purpose of the variance is not exclusively for economic considerations.
The variance request is to improve the practical use of the existing deck and is not
exclusively 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.
The proposed deck addition not alter the character of the neighborhood. Other homes
adjacent to Lake Marion in the vicinity of the subject property are within the OHWL or
bluff impact zone.
f) That the requested variance is the minimum action required to eliminate the
practical difficulty.
The proposed deck addition was reduced in size from the original design to remove the
encroachment into the minimum 50 foot setback to the OHWL.
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.
The single-family home use with the deck addition is a permitted use in the RS-3 District
and Shoreland Overlay District.
5. The planning report dated October 26, 2018 and prepared by Associate Planner, Frank
Dempsey is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approved this variance request.
DATED: November 1, 2018
LAKEVILLE PLANNING COMMISSION
BY: _________________________
Pat Kaluza, Chair