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Home My WebLink AboutItem 05City of Lakeville Planning Department Memorandum To: Planning Commission From: Brent Jones, Planning Assistant/Code Enforcement Technician Date: November 8, 2018 Subject: Packet Material for the November 15, 2018 Planning Commission Meeting Agenda Item: Jeremy Hollingsworth Conditional Use Permit Application Action Deadline: December 14, 2018 INTRODUCTION Jeremy Hollingsworth has submitted an application for a conditional use permit to allow the construction of a second detached accessory building and building height greater than 20 feet in the RA District, on the property located at 8200 190th Street. The proposed detached accessory building is a 60’ x 80’ pole barn with a height of approximately 21’-8”. EXHIBITS A. Aerial Photo Map B. Location/Zoning Map C. Applicant’s Narrative D. Certificate of Survey E. Building Plans (4 Pages) F. List of approved conditional use permits for accessory buildings – 1981 to present 2 PLANNING ANALYSIS Existing Conditions. The subject property is 10 acres in area and includes a single family home constructed in 1959. There is also a 30’ x 50’ horse barn on the property. The maximum combined allowable floor area for accessory buildings on a property in the RA District is 8,712 square feet. The total square footage of the attached garage, horse barn, and proposed accessory building is 6,875 square feet. Adjacent Land Uses. The subject property is zoned RA, Rural/Agricultural District. Adjacent land uses and zoning are as follows: North – 190th Street, single family homes on 10 acre lots, agricultural land (RA) East – Agricultural land (RA) South – Agricultural land (RA) West – Single family home on a 10 acre lot (RA) Setbacks. The minimum setback for the detached accessory building is 20 feet from the side lot lines and 30 feet from the front and rear lot lines. The proposed building will be set back at least 100 feet from any property line. The minimum setback from another building is 10 feet and the proposed building will be set back 20 feet from the existing horse barn. Accessory Building Use. The applicant’s narrative states that the new accessory building will be used to store trailers, motorcycles, ATVs, snowmobiles, an RV, and other personal items. A stipulation of the conditional use permit will require that no commercial use or storage of commercial materials or equipment occur in the accessory building as required by the Zoning Ordinance. Future Development of the Subject Parcel. Due to future plans for subdivision of the subject property for low density residential lots as shown on the 2040 Land Use Plan and the incompatibility of a detached accessory building of this size in a developed single family residential neighborhood, a stipulation of the conditional use permit requires the detached accessory building be removed from the subject property when the subject property is subdivided into additional residential lots. Driveway. The existing driveway is paved and legal. Since 190th Street is not anticipated to be improved in the near future, the driveway serving the new accessory building is not required to be paved but must come off of the existing driveway and not 190th Street, which is classified as a major collector roadway. 3 Appearance. The Zoning Ordinance requires that the same or similar quality and scale exterior building materials shall be used in the new accessory building as is used in the principal building, except as allowed by conditional use permit. The proposed building will be gray and white steel panels. Sanitary Sewer. Private sanitary sewer serves the existing house and is located west of the existing driveway. The septic system was recently inspected and complies with code. No sanitary sewer service is proposed or allowed to the accessory building. Building Height. A maximum building height of 20 feet is allowed for detached accessory buildings in the RA District. The total building height, as defined by the Zoning Ordinance, will be approximately 21’-8”, which requires approval of a conditional use permit. CONDITIONAL USE PERMIT ANALYSIS Section 11-18-9.C.4 of the Zoning Ordinance allows building height in excess of 20 feet in the RA District by conditional use permit provided the following criteria are met: A. There is a functional need for the additional height while maintaining that the structure is accessory to the principal use consistent with the intent of this title. The property owner has stated that the need for the additional height is so that an RV can be parked in the accessory building. B. The additional height is necessary to maintain an evident architectural character compatible to the principal building. The additional height is compatible with the rural hobby farm character of the property and the surrounding area. C. In no case shall the height of an accessory building exceed that of the principal building on the lot on which it is located within the RS-3, RS-4, RST-1, RST-2, RM-1, RM-2, RH-1, RH-2 districts. The property is located in the RA District, so this requirement is not applicable. 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: A. There is a demonstrated need and potential for continued use of the structure for the purpose stated. 4 The property owner has indicated a need for the proposed accessory building for the storage of personal recreational vehicles and equipment. 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 to store personal recreational vehicles and equipment. No home occupation or storage of commercial vehicles or equipment is allowed in any accessory building on the property. 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. The proposed accessory building will be larger but fairly consistent with other similar approved conditional use permits in the city on a 10 acre parcel. Attached Exhibit F is a list of accessory building conditional use permits approved since 1981. The total accessory building area will be less than 2% of the area of the property, as required by the Zoning Ordinance. 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 detached accessory building will be in a location on the property that is set back a considerable distance from any nearby homes and will be compatible with adjacent properties that are also in the RA District and include larger detached accessory buildings. 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 Hollingsworth conditional use permit to allow a second detached accessory building and building height greater than 20 feet in height in the RA District located at 8200 190th Street subject to the following stipulations: 5 1. The detached accessory building shall be constructed in the location identified on the certificate of survey dated October 10, 2018. 2. Total building height of the detached accessory building shall not exceed 22 feet, as defined by the Zoning Ordinance. 3. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. 4. A building permit must be approved by the City prior to construction of the new detached accessory building. 5. No sanitary sewer service shall be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 6. No second driveway access off of 190th Street is allowed. The new driveway serving the proposed accessory building must come off of the existing driveway. 7. No home occupation or other commercial use shall occur in any accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial materials or equipment. 8. The detached accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. CUP 8200 - 190TH STREET Property Information Octo ber 2 3, 2018 0 875 1,750437.5 ft 0 270 540135 m 1:9,600 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. ±HIGHVIEWAVERA PUD RA RS-3 RA RA Hollingsworthsite 190TH ST City of Lakeville Location and Zoning Map Jeremy Hollingswor th Accessory Struc ture CUPEXHIBIT BCEDARAVE(CSAH23)RST-2 AJMAJMAJMSEC. 21-114-20, DAKOTA COUNTY, MNCERTIFICATE OF SURVEYPART OF W. 20 ACRES NE 1/4-NW 1/411FEETSCALE060120DESCRIPTIONCHKBYDATEREV. NO.CHECKEDDRAWNDESIGNEDOFSHEET_The West 20 acres of Northeast Quarter (NE 1/4) of Northwest Quarter (NW 1/4), except West 232.50 feet of North Half (N1/2) of Northeast Quarter (NE 1/4) of Northwest Quarter (NW 1/4) and except West 429.71 feet of South Half (S 1/2) ofNortheast Quarter (NE 1/4) of Northwest Quarter (NW 1/4), Section Twenty-one (21), Township One Hundred Fourteen (114),Range Twenty (20), according to the United States Government Survey thereof, Dakota County, Minnesota.Orientation of the bearing system is basedon Dakota County Coordinates, NAD 83,(2011 adjustment).DESCRIPTION OF RECORDLEGENDMONUMENT FOUNDIRON PIPE MONUMENT SETWOOD HUB SETDRAINAGE ARROWEXISTNG SPOT ELEVATIONPROPOSED ELEVATIONAS-BUILT ELEVATIONPROPOSED CONTOURSEXISTING CONTOURSFIRE HYDRANTCATCH BASINSEWER MANHOLESMAILBOXCURB STOPUTILITY PEDESTALLIGHT POLESIGNDECIDUOUS TREECONIFEROUS TREETREE REMOVALCONCRETE SURFACEFEETSCALE1000SECTION 21-114-200 2x8 SYP #1 TREATEDGRADEBOARD4" CONCRETE FLOOR(BY OTHERS)BOTTOM TRIM24"Ø x 8" POUREDCONCRETE FOOTING2x6x9" TREATED BLOCKSSECURED TO TWO FACESOF THE COLUMN AT THEBASE. SECURE w/ 5-10dNAILS EACH BLOCK.2x6 SPF #2 GIRTS3 PLY 2x6 COLUMN2x4 SPF #2 PURLINS@ 2234" O.C.412STEEL PANEL FASTENEDW/ SCREWS NEXT TOEVERY RIB @ EACH GIRTSTEEL PANEL FASTENED W/ SCREWSNEXT TO EVERY RIB @ EACH PURLIN9"8"24"SECURE BRACE TO TOP CHORDOF TRUSS w/ 4-10d NAILSSECURE BRACE TO BOTTOM CHORDOF TRUSS w/ 3-10d NAILSSECURE KNEE BRACE TOCOLUMN w/ 5-20d NAILS2x6 KNEE BRACESCALE: 1/4"=1'-0"WALL SECTION3A2 PLY TRUSS NOTCHED INTO2 PLIES OF COLUMN-SECURE w/ 10-60d NAILS2'-11"5'-714"8'-312"10'-1134"13'-8"1"2' BOXED EAVE W/ VENTEDSOFFIT & 2x6 FASCIA16'-4"4'-10"2 PLY 812" HEEL TRUSSNOTE: TRUSSES FLUSH W/EDGE OF COLUMN33" WAINSCOTD-2 TRIMHOUSE WRAP (THIS SIDE)ENGINEERING DEPARTMENT2894 58th StreetEau Claire, WI 54703Fax (715) 874-4213Office (715) 874-4211 3of 39/26/18WLC3302665AS NOTEDI:\ACAD\DWGS\PLANREQUEST\18\RO\HOLLINGSWORTH,JEREMY.DWGPROJECT TITLEFILE NAME:REVISIONSNO.DATEDESCRIPTION0123BYSCALEJOB NO.DRAWN BYSHEET NO.DATE ELEVATIONSSCALE: 3/32"=1'-0"412412WESTSOUTHEASTNORTHENGINEERING DEPARTMENT2894 58th StreetEau Claire, WI 54703Fax (715) 874-4213Office (715) 874-4211 2of 39/26/18WLC3302665AS NOTEDI:\ACAD\DWGS\PLANREQUEST\18\RO\HOLLINGSWORTH,JEREMY.DWGPROJECT TITLEFILE NAME:REVISIONSNO.DATEDESCRIPTION0123BYSCALEJOB NO.DRAWN BYSHEET NO.DATE FLOOR PLANSCALE: 1/8"=1'-0"A3WAINSCOT (ALL WALLS)EAVELITE (THIS SIDE)CONTINUOUS CLOSURE VENTING12'x14' OH F/O(DOOR BY OTHERS)12'x14' OH F/O(DOOR BY OTHERS)5'x4' INSUL. VINYL EZ-FIT WINDOWW/ GRILLS & 2x8 F/O (TYP. @ 6 PLACES)7100 SERVICE DOOR W/ 9-LITE,DEADBOLT & 2x8 F/O24" BOXED EAVE24" BOXED EAVE18" BOXED GABLE 18" BOXED GABLENOTE: VERIFY EXACT DOOR ANDWINDOW LOCATIONS W/ OWNERHOUSE WRAP (THIS END)HOUSE WRAP (THIS SIDE)112"7'-1034"8'-0"8'-0"8'-0"8'-0"8'-0"8'-0"8'-0"8'-0"7'-1014"112"112" 9'-1012"9'-0"9'-0"9'-0"9'-012"11'-11" 1'-11"112"112"7'-1014"8'-0"8'-0"8'-0"8'-0"8'-0"8'-0"8'-0"8'-0"7'-1034"112"112"1'-11"11'-11"9'-012"9'-0"9'-0"9'-0"9'-1012"112"80'-0"60'-0"ENGINEERING DEPARTMENT2894 58th StreetEau Claire, WI 54703Fax (715) 874-4213Office (715) 874-4211 1of 39/26/18WLC3302665AS NOTEDI:\ACAD\DWGS\PLANREQUEST\18\RO\HOLLINGSWORTH,JEREMY.DWGPROJECT TITLEFILE NAME:REVISIONSNO.DATEDESCRIPTION0123BYSCALEJOB NO.DRAWN BYSHEET NO.DATE ACCESSORY BUILDING CONDITIONAL USE PERMITS Applicant Year Size (sf) Zoning Inside MUSA Parcel Size Hollingsworth 2018 4,800 - 2nd & Ht RA No 10.00 acres 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 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HOLLINGSWORTH CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On November 15, 2018 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit to allow a second detached accessory building with a height greater than 20 feet in the RA, Rural/Agricultural District on property located at 8200 190th Street. 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. FINDINGS OF FACT 1. The property is located in Planning District No. 12 of the 2008 Comprehensive Plan, which guides the property for low density residential uses. 2. The property is currently zoned RA, Rural/Agricultural District. 3. The legal description of the property is: The West 20 acres of Northeast Quarter (NE 1/4) of Northwest Quarter (NW 1/4), except West 232.50 feet of North Half (N 1/2) of Northeast Quarter (NE 1/4) of Northwest Quarter (NW 1/4) and except West 429.71 feet of South Half (S 1/2) of Northeast Quarter (NE 1/4) of Northwest Quarter (NW 1/4), Section Twenty-one (21), Township One Hundred Fourteen (114), Range Twenty (20), according to the United States Government Survey thereof, Dakota County, Minnesota. 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 existing single family home and proposed detached accessory building is consistent with the 2030 Land Use Plan and District 12 recommendations of the Comprehensive Plan. 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 proposed detached accessory building will be compatible with existing and future land uses in the area. 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, the detached accessory building 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 property is served with private sanitary sewer and water. The detached accessory building 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 detached accessory building will not overburden the streets serving the property. 5. The planning report dated November 8, 2018 prepared by Brent Jones, Planning Assistant/Code Enforcement Technician is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit. DATED: November 15, 2018 LAKEVILLE PLANNING COMMISSION BY: _________________________ Pat Kaluza, Chair