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HomeMy WebLinkAboutItem 05City of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: January 11, 2019 Subject: Packet Material for the January 17, 2019 Planning Commission Meeting Agenda Item: Marian Conditional Use Permit, 12138 – 168th Street Application Action Deadline: February 11, 2019 BACKGROUND SUMMARY Jeff Marian has applied for a conditional use permit to allow an expansion of the legal non- conforming house located at 12138 – 168th Street. The property is located in the Shoreland Overlay District for Orchard Lake. The plans propose to remodel the existing attached garage and convert it to living space and construct a new attached two-car garage to the north side of the remodeled garage. A conditional use permit is required by Section 11-102-15 of the Zoning Ordinance because the non-conforming house is proposed to be expanded. EXHIBITS A. Zoning/Location Map B. Aerial Photo C. Existing Conditions Survey D. Proposed Improvements Survey E. Building Elevation and Floor Plans (3 Pages) 2 PLANNING ANALYSIS According to Dakota County records, the Marian house was constructed in 1960. The property is a 15,469 square foot metes and bounds (un-platted) parcel. The house is a 1,229 square foot full basement walk-out with a two-car garage. Existing Non-Conforming Conditions. The survey submitted with the conditional use permit application indicates that the property includes three non-conforming conditions: 1. The existing house and garage do not meet the 10-foot side yard setback. 2. The house does not meet the 75-foot setback to the OHWL. 3. The shed does not meet the 5-foot setback to the west property line and to the averaged OHWL setback. CONDITIONAL USE PERMIT The houses to the east and west were constructed in 1961 prior to the adoption of Shoreland zoning requirements in the late-1970’s, which included maximum impervious surface area and 75 foot Ordinary High Water Level (OHWL) building setback requirement. The existing impervious surface area is 23%. The garage addition will be constructed primarily over existing paved driveway. A new sidewalk to the front door is included in the plans. The proposed impervious surface area is 25%. To bring the proposed impervious surface area to 25%, part of the concrete area of the outdoor patio/fireplace area will be removed and replaced with crushed gravel. Section 11-102-15 of the requires that additions or expansions to non-conforming single- family homes within the Shoreland Overlay District be allowed by conditional use permit provided the addition or expansion meets the setback, height, and other requirements of the Zoning Ordinance. The storage shed will be relocated as shown on the proposed survey/site plan. The garage addition will meet all setback requirements. Similar conditional use permits to allow expansions of single family homes on the north shore of Orchard Lake were approved at 12226, 12260 and 11960 – 168th Street. Department of Natural Resources (DNR). The DNR was notified of the proposed conditional use permit. No comments were received from the DNR. RECOMMENDATION Planning Department staff finds the proposed expansion to be consistent and harmonious with the neighborhood and meeting the requirements of Zoning Ordinance. Staff 3 recommends approval of the Marian conditional use permit subject to the following stipulations: 1. The property shall be developed and the building addition constructed in accordance with the site plan and building plans approved with the conditional use permit. 2. The exterior building materials of the house and addition shall match. 3. The shed shall be relocated to a setback that complies with Zoning Ordinance requirements prior to the issuance of a certificate of occupancy for the house addition. 4. The existing detached shed shall be relocated to comply with OHWL and side yard setback requirements. 5. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 6. The impervious surface area of the property shall not exceed 25%. Findings of fact for the conditional use permit are attached. Orchard Lake RS-1 RS-1 RS-1 RS-1 RA RA RS-1 RA P/OS LAKEVIEWCT 167TH ST W 168TH ST W U PPER 1 67 T H S T W LAKEVIEW CTJ U D I C I A L R D1 2 1 3 8 1 6 8 T H S T R E E T W E S T CONDITIONAL USE PERMIT Property Information December 1 8, 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. AJMTRHAJMDAKOTA COUNTY, MINNESOTACERTIFICATE OF SURVEYPART OF GOVERNMENT LOT 3, SECTION 2, T. 114 N., R. 21 W., 11FEETSCALE01530DESCRIPTIONCHKBYDATEREV. NO.CHECKEDDRAWNDESIGNEDOFSHEET_LEGENDMONUMENT FOUNDIRON PIPE MONUMENT SETWOOD HUB SETDENOTES DRAINAGE ARROWEXISTING SPOT ELEVATIONPROPOSED ELEVATIONAS-BUILT ELEVATIONPROPOSED CONTOURSEXISTING CONTOURSFIRE HYDRANTSEWER MANHOLESMAILBOXUTILITY PEDESTALLIGHT POLESIGNDECIDUOUS TREECONIFEROUS TREEŒELECTRIC METERGAS METEROVERHEAD UTILITY LINEUTILITY POLE AJMTRHAJMDAKOTA COUNTY, MINNESOTACERTIFICATE OF SURVEYPART OF GOVERNMENT LOT 3, SECTION 2, T. 114 N., R. 21 W., 11FEETSCALE01530DESCRIPTIONCHKBYDATEREV. NO.CHECKEDDRAWNDESIGNEDOFSHEET_LEGENDMONUMENT FOUNDIRON PIPE MONUMENT SETWOOD HUB SETDENOTES DRAINAGE ARROWEXISTING SPOT ELEVATIONPROPOSED ELEVATIONAS-BUILT ELEVATIONPROPOSED CONTOURSEXISTING CONTOURSFIRE HYDRANTSEWER MANHOLESMAILBOXUTILITY PEDESTALLIGHT POLESIGNDECIDUOUS TREECONIFEROUS TREEŒELECTRIC METERGAS METEROVERHEAD UTILITY LINEUTILITY POLEREVISED SHED & CONCRETE PATIOAJM12/07/181 1A4DATE:REVISIONS:5757 WENTWORTH AV. SO.MINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONSOFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION.CONTRACTOR, SUBS ANDDESIGNER WILL WORKTOGETHER TO REACH ASOLUTION IF ANY SITUATIONMAY ARISE.TERMS:10/14/2018 12:56:18 PMA3121382018-09-1912138 168th WELEVATIONS 1/4" = 1'-0"A31NORTH 1/8" = 1'-0"A32EAST 1/8" = 1'-0"A33SOUTH 1/8" = 1'-0"A34WESTA353D View 1 11' - 3 1/2"10' - 8 1/2"3' - 0"18' - 0"3' - 0"3' - 0"3' - 0"5' - 3 1/2"12' - 8 1/2"TO MEET SETBACK1' - 4 1/8"1A41A436"18'X8'2-11 7/8" LVL36"36"36"30x40"30x40"24' - 0"24' - 0"22' - 0"2A42A44-36X544-36X544' - 5 3/8"72X541' - 0"2' - 0"4' - 0"2' - 0"5' - 11 1/2"3' - 6"2' - 0"GARAGE1MUD2LAUNDRY3SUN ROOM4KITCHEN5DINING6LIVING ROOM7FOYER83A43A4PHASE 2SETBACK LINEDATE:REVISIONS:5757 WENTWORTH AV. SO.MINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONSOFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION.CONTRACTOR, SUBS ANDDESIGNER WILL WORKTOGETHER TO REACH ASOLUTION IF ANY SITUATIONMAY ARISE.TERMS:10/14/2018 12:56:09 PMA1121382018-09-1912138 168th WMAIN FLOOR 1/4" = 1'-0"A11MAIN FLOOR 1A41A422' - 0"24' - 0"24' - 0"2A42A430"8"5' - 2 1/4"2' - 6"8' - 8 1/4"3' - 0"6"SLAB ON GRADE ABOVE3A43A4PHASE 2DATE:REVISIONS:5757 WENTWORTH AV. SO.MINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONSOFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION.CONTRACTOR, SUBS ANDDESIGNER WILL WORKTOGETHER TO REACH ASOLUTION IF ANY SITUATIONMAY ARISE.TERMS:10/14/2018 12:56:11 PMA2121382018-09-1912138 168th WLOWER FLOOR 1/4" = 1'-0"A21LOWER FLOOR 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MARIAN CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On January 17, 2019 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the request of Jeff Marian for a conditional use permit to allow an expansion of a legal non-conforming single-family home in the RS-1 Single Family Residential District and Shoreland Overlay District on property located at 12138 - 168th 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. 1 of the 2008 Comprehensive Plan, which guides the property for low density residential uses. 2. The property is zoned RS-1, Single Family Residential District and Shoreland Overlay District. 3. The legal description of the property is: (See attached Exhibit A) 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 legal non-conforming single-family use of the property is consistent with the 2030 Land Use Plan and District 1 recommendations of the Comprehensive Plan. The proposed expansion of the home will comply with minimum setback requirements consistent with the RS-1, Single Family Residential District. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The house addition will be compatible with single family homes of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. 2 Finding: The expanded single family home will comply with all requirements of the Zoning Ordinance for the RS-1, Single Family Residential District and Shoreland Overlay District.. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property lies within in the current MUSA. The property is served with City sanitary sewer and water. The expansion of the single family home 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 single-family home expansion will not overburden the streets serving the property. 5. The planning report dated January 11, 2019 prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit. DATED: January 17, 2019 LAKEVILLE PLANNING COMMISSION BY: ________________________________ Pat Kaluza, Chair 3 EXHIBIT A 12138 – 168th Street That part of Government Lot 3, Section 2, Township 114, Range 21, Dakota County, Minnesota, described as follows: Beginning at the point of intersection of the west line of said Government Lot 3, with the center line of the town road which point is 641.2 feet south of the southeast corner of the Northwest 1/4 of the southwest 1/4 of said Section 2, thence running South 89°43' East along said center line 240 feet, thence running North 89°02' East along said center line 103.18 feet, thence North 89°03' East along said center line 80 feet, thence running North 88°41' East along said center line 80 feet, thence running North 87°08' East along said center line 80 feet to the actual point of beginning of the tract of land to be described, thence running North 83°17' East along said center line 80 feet, thence running South 0°14' West 184.79 feet more or less to the northerly shore line of Orchard Lake, thence running westerly along said shore line to its intersection with a line bearing South 0°14' West from the actual point of beginning, thence running North 0°14' East along said line 203.2 feet more or less to the actual point of beginning, subject to the right of way of the town over the northerly 33 feet thereof. For the purpose of this description the west line of said Government Lot 3 is considered to be a due north and south line; said above tract of land being part of the following described tract: That part of Government Lot Three (3), Section Two (2), Township One hundred fourteen (114) North, Range Twenty-one (21) West, lying south of the south line of the Northwest quarter of the Southwest quarter of said Section Two (2) extended East and lying west of a line drawn parallel with and four hundred sixteen and five-tenths (416.5) feet west of the east line of said Government Lot Three (3) except that part of the East Twenty-six (26) feet thereof lying south of the North three hundred ninety and seventy-five hundredths (390.75) feet thereof. EXHIBIT A 12138 – 168th Street That part of Government Lot 3, Section 2, Township 114, Range 21, Dakota County, Minnesota, described as follows: Beginning at the point of intersection of the west line of said Government Lot 3, with the center line of the town road which point is 641.2 feet south of the southeast corner of the Northwest 1/4 of the southwest 1/4 of said Section 2, thence running South 89°43' East along said center line 240 feet, thence running North 89°02' East along said center line 103.18 feet, thence North 89°03' East along said center line 80 feet, thence running North 88°41' East along said center line 80 feet, thence running North 87°08' East along said center line 80 feet to the actual point of beginning of the tract of land to be described, thence running North 83°17' East along said center line 80 feet, thence running South 0°14' West 184.79 feet more or less to the northerly shore line of Orchard Lake, thence running westerly along said shore line to its intersection with a line bearing South 0°14' West from the actual point of beginning, thence running North 0°14' East along said line 203.2 feet more or less to the actual point of beginning, subject to the right of way of the town over the northerly 33 feet thereof. For the purpose of this description the west line of said Government Lot 3 is considered to be a due north and south line; said above tract of land being part of the following described tract: That part of Government Lot Three (3), Section Two (2), Township One hundred fourteen (114) North, Range Twenty-one (21) West, lying south of the south line of the Northwest quarter of the Southwest quarter of said Section Two (2) extended East and lying west of a line drawn parallel with and four hundred sixteen and five-tenths (416.5) feet west of the east line of said Government Lot Three (3) except that part of the East Twenty-six (26) feet thereof lying south of the North three hundred ninety and seventy-five hundredths (390.75) feet thereof.