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February 4, 2019 Item No. _____
MARIAN CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Jeff Marian
conditional use permit and adopt the findings of fact.
Overview
Jeff Marian has applied for a conditional use permit to allow an expansion to a single-family
home with legal non-conforming building setbacks in the RS-1, Single Family Residential District
and Shoreland Overlay District. The property is located at 12138 – 168th Street on the north
shore of Orchard Lake. The project includes remodeling the existing two car garage into living
space, construction of a new attached garage on the north side of the house, expansion of the
deck, and construction of a new detached accessory building. The new addition and other
improvements will meet setback requirements.
The Planning Commission held a public hearing on the conditional use permit application at their
January 17, 2019 meeting and unanimously recommended approval subject to six stipulations.
Primary Issues to Consider
Will the new construction comply with setback requirements? The house, deck and new shed will
comply with Shoreland Overlay District requirements. The site improvements will also bring
existing non-conforming property conditions into compliance with Zoning Ordinance
requirements.
Supporting Information
• Conditional use permit
• Findings of fact
• January 17, 2019 draft Planning Commission meeting minutes
• January 11, 2019 planning report
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
CONDITIONAL USE PERMIT NO. 19- ___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit to Jeff Marian to allow an expansion to 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.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
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:
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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.
3. Conditions. This conditional use permit is issued subject to the following
conditions:
a) 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.
b) The exterior building materials of the house and addition shall match.
c) The existing detached shed shall be relocated to comply with OHWL and side
yard setback requirements prior to the issuance of a certificate of occupancy
for the house addition.
d) All disturbed soils shall be restored and established with groundcover
immediately after work in that area is completed.
e) The impervious surface area of the property shall not exceed 25%.
4. Revocation. The City may revoke the conditional use permit for cause upon
determination that the conditional use permit is not in conformance with the
conditions of the permit or is in continued violation of the city code or other
applicable regulations.
5. Expiration. This conditional use permit shall expire unless the applicant commences
the authorized use within one year of the date of this conditional use permit unless an
extension is approved by the Zoning Administrator.
DATED: February 4, 2019
CITY OF LAKEVILLE
BY: ________________________
Douglas P. Anderson, Mayor
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BY: ________________________
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 4th day of February
2019, 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
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MARIAN CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
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. The City Council hereby adopts the following:
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.
3. The legal description of the property is:
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
2
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.
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 single-family use of the property is consistent with the 2030 Land Use Plan and District 1
recommendations of the Comprehensive Plan. The proposed attached garage addition is consistent
with other single family homes in the neighborhood.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The home expansion will be compatible with present and future land uses in the area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: Provided compliance with the conditional use permit, the home expansion 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 subject property lies within in the current MUSA. The property is served with City
sanitary sewer and water. The home expansion 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 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.
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DECISION
The City Council approves the Marian conditional use permit in the form attached thereto.
DATED: February 4, 2019
CITY OF LAKEVILLE
BY:_____________________________
Douglas P. Anderson, Mayor
BY:_____________________________
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
January 17, 2019
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, Brooks Lillehei, Scott Einck, Ex-officio Mike Lamm
Members Absent: Karl Drotning
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner
3. Approval of the Meeting Minutes
The December 20, 2018 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated that the February 7th Planning Commission meeting will be a work
session only. He would like to know if the Commissioners could make a 5:00 p.m. start
time.
5. Jeff Marian
Chair Kaluza opened the public hearing to consider the application of Jeff Marian for
a conditional use permit to allow an expansion to a legal non-conforming single-family
home in the RS-1, Single Family Residential District and Shoreland Overlay District,
located at 12138 – 168th Street.
The applicant Jeff Marian and Jon Wood, Project Director with Pollock Construction
presented a brief overview of the request. Mr. Marian indicated that he is requesting
to build a 2 ½ car garage along with rebuilding/expanding the back deck. Mr. Wood
commented that all setbacks will be met when the project is complete.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
explained that the applicant has applied for a CUP to allow for the remodel of 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 CUP is required, per the
Zoning Ordinance, because the non-conforming house is proposed to be expanded.
Planning Commission Meeting Minutes, January 17, 2019 Page 2
There are three non-conforming conditions, which are listed in the January 11, 2019
planning report. The garage addition will be constructed primarily over existing paved
driveway, and a new sidewalk to the front door is included in the plans. 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. The storage
shed will be relocated as proposed and the garage addition will meet all setback
requirements.
Mr. Dempsey stated that staff recommends approval of the CUP subject to the six
stipulations listed in the January 11, 2019 planning report and adoption of the Findings
of Fact dated January 17, 2019.
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. Discussion points
included:
• Commissioner Swenson summarized the reason a CUP is required for the
proposed addition in the Shoreland District and stated that he supports the
project.
• Commission Kelvie concurred with Commissioner Swenson and felt it was a
good use of the property.
Motion was made by Lillehei, seconded by Einck to recommend to City Council
approval of the Jeff Marian conditional use permit to allow an expansion to a legal
non-conforming single-family home in the RS-1, Single Family Residential District and
Shoreland Overlay District, located at 12138 – 168th Street, 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%.
Planning Commission Meeting Minutes, January 17, 2019 Page 3
Ayes: Swenson, Einck, Lillehei, Kaluza, Kelvie, Witte
Nays: 0
There being no further business, the meeting was adjourned at 6:10 pm. The Planning
Commission immediately went into their work session.
Respectfully submitted,
Kris Jenson, Associate Planner
City 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)
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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
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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
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RS-1
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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 TREEELECTRIC 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 TREEELECTRIC 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