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HomeMy WebLinkAboutItem 06.k November 19, 2018 Item No. ______ HARDER VARIANCE Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the Harder variance and adopt the findings of fact. Overview 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 10341 - 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. The Planning Commission met with the applicant to discuss the propose deck plans during a workshop September 6, 2018. The Planning Commission held a public hearing on November 1, 2018 to consider the variance request. The Planning Commission recommended unanimous approval subject to the four stipulations listed in the October 26, 2018 planning report. There was no public comment. Primary Issues to Consider Is the request consistent and in keeping with other single family residential homes in the area? The proposed deck expansion is consistent with other non-conforming single family homes and properties in this area if Lake Marion. Supporting Information • Variance • Findings of fact • November 1, 2018 draft Planning Commission meeting minutes • October 26, 2018 planning report • September 6, 2018 Planning Commission Workshop Notes 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 VARIANCE NO. 18-______ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a variance from the required 20-foot bluff setback to allow the expansion of a deck onto the Kyla Harder single family home located at 10341 204th Street. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 3, Block 1, Southbluff 3. Conditions. The variance is issued subject to the following conditions: a) The deck shall be constructed in compliance with the survey/site plan approved by the City Council. b) Any disturbed soils resulting from the deck construction shall be restored and established with suitable groundcover immediately after work in that area is completed. c) 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. d) 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. 2 4. Expiration. This variance shall expire unless the applicant commences the construction of the deck within one year of the date of this variance, unless an extension is approved by the Zoning Administrator. Dated: November 19, 2018 CITY OF LAKEVILLE BY:____________________________ Douglas P. Anderson, Mayor BY:____________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 19th day of November 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 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HARDER VARIANCE FINDINGS OF FACT AND DECISION 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 allow a setback variance from the bluff edge for a deck expansion on a single family home 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. The City Council hereby adopts the following: 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 expansion and encroachment into the bluff impact zone setback will be consistent and in harmony with other single-family properties in the area. 2 c) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The lot was platted prior to adoption of the Shoreland Overly District ordinance and is legal non-conforming. The expansion of the deck will comply with the minimum OHWL and property line setbacks. The lot depth and lot configuration is a unique circumstance to the property not created by the property owner/applicants. d) That the purpose of the variance is not exclusively for economic considerations. The variance request is not exclusively for economic considerations. The deck expansion will improve the functionality of the existing deck. 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 expansion will be consistent with and will not alter the character of the neighborhood. f) That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed deck has been designed to minimize the proposed variance request while also eliminating at least four non-conforming conditions on the property. 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 and deck are 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. DECISION The City Council approves the variance in the form attached hereto. 3 DATED: November 19, 2018 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor BY: ________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 1, 2018 Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Pat Kaluza, Vice Chair Jason Kelvie, Karl Drotning, Jeff Witte, Scott Einck, Jason Swenson, Ex-officio Mike Lamm, Commissioner Lillehei arrived at 6:20 p.m. Members Absent: None Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner, Kris Jenson, Associate Planner, Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 20 and October 18, 2018 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that a revised building elevation plan for Four Square Preschool and Daycare had been distributed to the Planning Commission members at tonight’s meeting. 5. Kyla Harder Chair Kaluza opened the public hearing to consider the application of Kyla Harder for a variance from the bluff impact zone setback requirements to allow the construction of a deck in the RS-3, Single Family Residential District and Lake Marion shoreland Overlay District, located at 10341 – 204th Street. Kyla Harder provided a brief overview of her project. Mr. Dempsey presented the planning report. Mr. Dempsey stated that a variance is required to allow an expanded deck within the minimum 20-foot setback to the bluff edge of Lake Marion. Ms. Harder’s property is located in the Shoreland Overlay District and is located within the bluff impact zone. Mr. Dempsey reviewed Ms. Harder’s lot regarding depth, setbacks and slopes. He indicated that Ms. Harder met with the Planning Commission at their September 6, 2018 work session to discuss the proposed deck and to get the Planning Commission’s feedback on her variance request. The Planning Commission recommended the survey be revised to clearly delineate the 50-foot OHWL and 20- Planning Commission Meeting Minutes, November 1, 2018 Page 2 foot bluff setback lines. Mr. Dempsey indicated that the Planning Commission did not express support for increasing the non-conformity of the existing deck by allowing additional deck area to extend into the 50-foot OHWL setback. Ms. Harder has revised her 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. Mr. Dempsey reviewed the existing non-conforming conditions of Ms. Harder’s property along with responses to the Zoning Ordinance variance criteria, which are listed in the October 25, 2018 planning report. Mr. Dempsey stated that staff recommends approval of the Kyla Harder variance, subject to the four stipulations listed in the October 25, 2018 planning report, and adoption of the Findings of Fact dated November 1, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Swenson to close the public hearing at 6:07 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission members agreed that Ms. Harder had revised her plans as the Planning Commission had requested when they reviewed her original plans at the September 6th work session. Motion was made by Drotning, seconded by Einck to recommend to City Council approval of the Kyla Harder variance from the bluff impact zone setback requirements to allow the construction of a deck in the RS-3, Single Family Residential District and Lake Marion Shoreland Overlay District, located at 10341 – 204th Street, subject to the following stipulations, and adoption of the Findings of Fact dated November 1, 2018: 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 Planning Commission Meeting Minutes, November 1, 2018 Page 3 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. Ayes: Swenson, Einck, Kaluza, Kelvie, Witte, Drotning Nays: 0 6. Southfork West Chair Kaluza opened the public hearing to consider the application of Valerian, LLC for a Zoning Map amendment to rezone property from C-3, General Commercial District to PUD, Planned Unit Development, located at 17630 Juniper Path. Michael Margulies from Valerian, LLC provided an overview of the request. Mr. Margulies stated that they have reviewed and will comply with the stipulations listed in the October 26, 2018 planning report. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the applicant is requesting rezoning of the property and the building previously occupied by Schneiderman’s Furniture showroom from C-3, General Commercial District to PUD, Planned Unit Development District. The applicant is requesting the rezoning to allow the introduction of low occupancy, variable peak traffic businesses as a means of managing the limited number of available parking spaces on site. The building has been a single tenant building previously occupied as a furniture showroom and warehouse use. The applicant is proposing to convert the building to a multi-tenant commercial building. Rezoning the property to PUD would allow multi- tenant occupancy by a restricted selection of possible tenants and a reduced number of parking spaces on the property. Mr. Dempsey stated the October 26, 2018 planning report lists the uses proposed to be allowed in this PUD District, which are generally the lower intensity C-3 District uses. Mr. Dempsey described the history of the building and the existing tenants. He also listed possible future tenants of the building, which are identified in the applicant’s narrative attached to the October 26, 2018 planning report. The Zoning Ordinance currently requires multi-tenant commercial buildings to provide one parking space for each 160 square feet of floor area (532 spaces would be required). An inventory of existing on-site parking submitted with the rezoning application identifies 189 existing parking spaces, 22 parking spaces less than required with the 1996 PUD/CUP and parking deferment agreement. Mr. Dempsey stated that the deferment of 70 parking spaces approved in 1996 will remain in force. The planning report recommends that a minimum of 22 additional parking spaces shall be constructed on site in compliance with the 1996 parking deferment no later than June 1, 2019. CITYOFLAKEVILLE PLANNING COMMISSION WORKSESSION MINUTES September 6, 2018 Chair Kaluza called the work session toorder at 7:40 p.m. Members Present: Chair Pat Kaluza, Karl Drotning, Scott Einck, Brooks Lillehei, Jason Swenson, and Jeff Witte Members Absent: Vice Chair Jason Kelvie StaffPresent: Planning Director Daryl Morey and Associate Planner Frank Dempsey thOthersPresent: Kyla Harder, 10341 – 204 Street KylaHarderVariance Discussion Mr. Dempsey provided an overview ofKyla Harder’srequest for a deck setbackthstvarianceat10341 – 204 Street, as outlined in his planning memo dated August 31. Ms. Harder handed out a proposal toremove a2’ x32’ (64 s.f.) section ofthe existing deck and to narrow the width of the proposed deck by 2’ (for a total of 64’ s.f.). The Planning Commission pointed out that most of the deck addition that Ms. Harder proposes on her hand-out to be taken off the plan meets the OHWL and bluff setbacks; therefore, that portion ofthe proposed deck should not be considered in a trade-off for removal ofany non-conforming portions of the existing deck. The Planning Commission stated that the survey should be revised to clearly delineate the 50’ OHWL setback and the 20’ bluff setback so the Planning Commission can better understand how much of the existing deck isnon-conforming and how much of the proposed deck would require a variance. In addition, Ms. Harder should propose the removal of an equal or greater amount of the non-conforming portion of the existing deck as she is proposing for asetback variance on the new deck. The work session adjourned at 8:40 p.m. Respectfully submitted, Daryl Morey, Planning Director City 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 2 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 3 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. 4 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. 5 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. RS-2 P/OS RS-3 RS-2 RS-3RS-3 W P/OS W RS-3 RS-3 JAGUAR A V EJ USTICEPA T HJUSTICECTJUNO CTJAGUART E RJUNOT R L J A S M IN EPATHJUPITER AVE2 0 5 T H S T W JAVELINCIRJ U R A T RLUPPE R 205THSTW JU T L ANDPL JUPITER PATH J U PIT E R WAY202NDSTW 204 T H S T W 1 0 3 4 1 - 2 0 4 T H S T R E E T 10341 - 204TH STREET Property Information Octo ber 11 , 2018 0 225 450112.5 ft 0 60 12030 m 1:2,400 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.