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HomeMy WebLinkAboutItem 06.g • • • • • ☐☐ 1 2 3 1 2 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 15, 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, Jeff Witte, Jason Swenson, Paul Jarvis, Paul Reuvers, Ex-officio Mike Lamm Members Absent: Scott Einck, Karl Drotning, Brooks Lillehei Others Present: Daryl Morey, Planning Director; Brent Jones, Planning Assistant / Code Enforcement Technician; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The November 1, 2018 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that a revised survey showing the Hollingsworth’s proposed new driveway connection between the proposed pole barn and the existing driveway was distributed to the Planning Commission at tonight’s meeting (Agenda Item 5). 5. Jeremy and Kris Hollingsworth Chair Kaluza opened the public hearing to consider the application of Jeremy and Kris Hollingsworth for a conditional use permit to allow the construction of a second detached accessory building exceeding 20 feet in height in the RA, Rural Agricultural District, located at 8200 – 190th Street. Jeremy Hollingsworth provided a brief overview of their project. Mr. Hollingsworth explained that the size and height of the proposed pole barn was determined by the size of their RV that they want to park inside the pole barn, along with a few other “toys” that need to be parked inside. Brent Jones presented the planning report. Mr. Jones stated that the Hollingsworths are requesting a CUP to allow the construction of a second detached accessory building with a building height greater than 20 feet in the RA District. The proposed accessory building will meet setback requirements per the Zoning Ordinance. The building will be used for storage of personal items and not for commercial use. Planning Commission Meeting Minutes, November 15, 2018 Page 2 The driveway serving the new accessory building is not required to be paved but must come off the existing paved driveway and not 190th Street, which the revised survey that was distributed at tonight’s meeting indicates. The height of the proposed accessory building, as defined by the Zoning Ordinance, will be approximately 21’, 8” which requires approval of a CUP. Mr. Jones reviewed the conditional use permit criteria for the height and the building area of the proposed accessory building, which are listed in the November 8, 2018 planning report. Mr. Jones stated that staff recommends approval of the Hollingworth CUP, subject to the eight stipulations listed in the November 8, 2018 planning report, and adoption of the Findings of Fact dated November 15, 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 6:06 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Commissioner Swenson commented that with the height of the RV, it is understandable why they are asking for a pole barn greater than 20 feet in height. He was supportive of stipulation 8 that states the accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. • Mr. Hollingsworth asked for clarification of stipulation 8. • Mr. Morey stated that this stipulation applies only to the proposed accessory building. In the future when City sewer and water are available to the subject property, this area of the City will convert from rural to low density residential consistent with the 2040 Land Use Plan. At that time, an accessory building of this size would be incompatible with a single family residential neighborhood. This stipulation is recommended by Planning Department staff consistent with previously approved CUPs for large accessory buildings in rural areas of the city. Motion was made by Swenson, seconded by Kelvie to recommend to City Council approval of Jeremy and Kris Hollingsworth conditional use permit to allow the construction of a second detached accessory building exceeding 20 feet in height in Planning Commission Meeting Minutes, November 15, 2018 Page 3 the RA, Rural Agricultural District, located at 8200 – 190th Street, subject to the following stipulations, and adoption of the Findings of Fact dated November 15, 2018: 1. The detached accessory building shall be constructed in the location identified on the certificate of survey dated October 10, 2018 and revised November 9, 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 proposed detached accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. Ayes: Swenson, Reuvers, Kaluza, Kelvie, Witte, Jarvis Nays: 0 There being no further business, the meeting was adjourned at 6:10 pm. Respectfully submitted, Penny Brevig, Recording Secretary AJMAJMAJMSEC. 21-114-20, DAKOTA COUNTY, MNCERTIFICATE OF SURVEYPART OF W. 20 ACRES NE 1/4-NW 1/411FEETSCALE060120DESCRIPTIONCHKBYDATEREV. NO.CHECKEDDRAWNDESIGNEDOFSHEET_ŒThe 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 21-114-200ADDED PROPOSED DRIVEWAYAJM11/09/20181 City 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.