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HomeMy WebLinkAboutItem 05City of Lakeville Planning Department Memorandum To: Planning Commission From: Monica Waite Planning & Zoning Specialist Date: August 9, 2019 Subject: Packet Material for the August 15, 2019 Planning Commission Meeting Agenda Item: Collin Merrill Conditional Use Permit Application Action Deadline: September 20, 2019 INTRODUCTION Collin Merrill has submitted an application for a conditional use permit to allow the construction of a detached accessory building resulting in a total accessory building area greater than 1,500 square feet and building height greater than 15 feet, on property located at 11103 181st Street. The property is zoned RS-2, Single Family Residential District. The proposed detached accessory building is 48’ x 52’ for a total of 2,496 square feet. Including the 576 square foot attached garage, the total accessory building area will be 3,072 square feet on the property. The building is proposed to be approximately 18 feet tall. The application narrative describes the request and the proposed use of the detached accessory building. The following exhibits are attached for your review: Exhibit A – Location/Zoning Map Exhibit B – Aerial Photo Map Exhibit C – Applicant Narrative Exhibit D – Certificate of Survey Exhibit E – Building Floor and Elevation Plan (4 Pages) 2 Exhibit F – List of approved conditional use permits for accessory buildings – 1981 to present PLANNING ANALYSIS Existing Conditions. According to Dakota County records, the subject property is 5.12 acres in area and includes a single family home constructed in 1992. The existing attached garage is 576 square feet and there is an existing detached accessory building, which will be required to be removed from the property at the time of building permit application for the new detached accessory building. Adjacent Land Uses. The subject property is zoned RS-2, Single Family Residential District. Adjacent land uses and zoning are as follows: North - Undeveloped, zoned C-3 but guided as medium/high density residential with the draft 2040 Comprehensive Plan East - Undeveloped, zoned PUD and restricted development (wetland) South - 181st Street and single family homes (RS-2) West - Undeveloped, zoned RS-2, Kenrick Ave / Interstate-35 Setbacks. The minimum setback for the detached accessory building from the side and rear lot lines is 10 feet. The proposed building will be located behind the house and will be set back at least 53.49 feet from the side (north) property line, which is the closest property line. The proposed building is located completely within the required building setback line on the property. Accessory Building Use. The applicant’s narrative states that the new detached accessory building will be used to store personal vehicles and recreational vehicles along with other personal related items. A stipulation of the conditional use permit will require that no commercial use, home occupation or storage of third-party materials or equipment occur in the detached accessory building. Screening. Consistent with past practice, conditional use permits for oversized detached accessory buildings require an effective screening plan between the detached accessory building and adjacent properties. The screening must be completely under the control of the owner of the property with the detached accessory building. The south, west and east sides of the property have sufficient effective screening for the building. The area between the north property line and the proposed detached accessory building has few trees to provide adequate screening. If the future development of multiple-family residential guided property to the north necessitates removal of some or all of the existing trees on that property, the Merrill detached accessory building will be significantly exposed. A staggered row of evergreen trees is recommended 3 between the detached accessory building and the north property line in order to provide the required permanent screening. The trees shall be staggered in rows at a minimum of 15 feet off center and shall be 8 feet in height or taller at time of planting in accordance with Zoning Ordinance requirements. Plant material centers shall not be located closer than five feet (5') from the property line. The plantings shall be of sufficient density to provide a substantially continuous visual screen at maturity of the installed plantings. The applicant proposes five (5) spruce trees, minimum 8 feet in height at time of planting that are staggered between the north property line and the detached accessory building. The row of plantings abutting the north property line are proposed to be setback five feet (5’) as required by the Zoning Ordinance. It is recommended that the plantings be setback a minimum of 10 feet (10’) from the north property line to accommodate for the future growth in diameter of approximately 10-15 feet of the selected species. Increasing the setback will limit the potential protrusion onto the neighboring property allowing for adequate maintenance. A $2,500 escrow must be submitted prior to the issuance of a building permit to ensure completion of the landscaping/screening requirement. Future Development to the North. The property to the north is guided as medium/high density residential on the draft 2040 Comprehensive Plan. The property is 36.13 acres in size and is currently undeveloped. City staff has held preliminary discussions with the abutting property owner for the development of multi-family units near the south property line abutting the Merrill property. Driveway. The proposed paved driveway to serve the detached accessory building will be an extension of the existing paved driveway. The detached accessory building will be located behind the house and will be accessed by a paved driveway with a slope not to exceed 10% as required by the Zoning Ordinance. The driveway shall be paved with concrete, asphalt or paving brick as required by the Zoning Ordinance. A $2,000 escrow must be submitted prior to the issuance of a building permit to ensure completion of the driveway requirement. Existing Shed. A stipulation of the conditional use permit requires the existing detached accessory building be removed from the subject property when the building permit application is submitted. A $500 escrow must be submitted prior to the issuance of a building permit to ensure completion of this requirement. Future Development of the Subject Parcel. A stipulation of the conditional use permit requires the detached accessory building be removed from the subject property if the subject property is subdivided into additional lots. Appearance. The Zoning Ordinance requires that the same or similar quality and scale exterior building materials shall be used in the new detached accessory building as is used in the principal 4 building. The proposed detached accessory building will include factory prefinished steel siding that complements the principle building, with colors consistent with the architecture of the single family home on the property. The roof is proposed to be constructed of pre-finished steel. The building is proposed to have a canopy on both the north and south elevations. Building Height. A maximum building height of 15 feet is allowed for detached accessory buildings in the RS-2 District. The total building height, as defined by the Zoning Ordinance, will be approximately 18 feet, which requires approval of a conditional use permit. Sanitary Sewer. The property is serviced with City water and sewer. No sanitary sewer is proposed or allowed to the detached accessory building. CONDITIONAL USE PERMIT ANALYSIS The Zoning Ordinance allows the accessory building area and height requirements 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. The property owner has indicated a need for the proposed detached accessory building for the storage of personal vehicles and recreational equipment and for use of additional personal related storage. 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’s narrative indicates that the detached accessory building will be used to store personal vehicles, personal recreational vehicles and personal related items. 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 consistent with other similar approved conditional use permits in the city. Attached Exhibit F is a list of accessory building conditional use permits approved since 1981. The total accessory building area will be approximately 1% of the area of the property. 5 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 existing nearby homes and will be compatible with adjacent properties. The future use to the north is guided in the draft 2040 Comprehensive Plan as medium/high density residential. The detached accessory building will be screened by evergreen trees to soften the view from this future development. 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 Merrill conditional use permit to allow total accessory building area in excess of 1,500 square feet and building height greater than 15 feet in the RS-2 District located at 11103 181st Street subject to the following stipulations: 1. The detached accessory building shall be constructed in the location identified on the certificate of survey dated July 19, 2019. 2. The detached accessory building shall be constructed with the materials noted on the approved conditional use permit plans including factory pre-finished steel siding and pre- finished steel roofing. Total building height shall not exceed 18.5 feet, as shown on the approved conditional use permit plans. 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 6. No home occupation or other commercial use shall occur in any accessory building on the property. The detached accessory building shall not be used for the operation of any commercial business or storage of commercial materials or equipment. 7. The existing detached accessory building shall be removed from the property before issuance of a building permit. A $500 escrow shall be submitted prior to the issuance of a building permit to ensure completion of this requirement. 8. The driveway shall be paved with concrete, asphalt or paving brick no later than June 30, 2020. A $2,000 escrow shall be submitted prior to the issuance of a building permit to ensure completion of this requirement. 9. A staggered row of five (5) evergreen trees shall be planted between the detached accessory building and the north property line in order to provide the required permanent screening. The trees shall be staggered in rows at a minimum of 15 feet off center and shall be 8 feet in height or taller at time of planting in accordance with Zoning Ordinance requirements. Plant material centers shall not be located closer than ten feet (10') from the property line. The plantings shall be of sufficient density to provide a substantially continuous visual screen at maturity of the installed plantings. A $2,500 escrow shall be submitted prior to the issuance of a building permit to ensure completion of this requirement. 10. The detached accessory building shall be removed from the subject property if the subject property is subdivided into additional lots. C-3 C-3 PU D PU D PU D PUD PUD P/OS P/OS P/OS P/OS RH-1 RH-1 OP RST-2 RST-2 RS-2 O-R 35 50 60 60 ORCHAR D TRL179THSTW KENRICKAVE185TH ST W KE NWOOD T RL KENYONAVEJUBILEEW A Y 181ST ST W J UNIPER PAT H 111 0 3 1 8 1 S T S T R E E T 11103 - 181st Street Property Information Ju ly 2 5, 2019 0 450 900225 ft 0 130 26065 m 1:4,800 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. Collin Merrill 11103 181 street west Lakeville, MN 55044 Written Narrative: I need to build a detached garage store my family vehicles such as 13.3ft tall 36ft long RV, ranger bass boat, crew cab truck. I have a family of 5 and counting. We are active into the outdoors and will have snowmobiles; UTV’s and need warm, dry inside garage to store and maintain this equipment. I moved out to this property in 2010 with the dream of building a large garage someday. My RV and snow mobiles get mice and rodent damage constantly sitting outside. The exterior material of the building will naturally compliment house. I am planning on steel roof and siding that complements the home. The location of this building is in my wooded property with only 4 neighbors to the south having a very limited site line to this garage. My property and neighboring properties are heavily wooded. 36 acre commercial lot is to the north with heavy wooded buffer. I will have a paved driveway to the front entrance of the garage. This building will not be used for any home occupation or rental space to third parties. FLOOR PLANSCALE: 1/8"=1'-0"A37100 SERVICE DOOR W/LEVER LOCK, DEADBOLT& 2x6 F/O W/ INT. TRIM14'x14' OH F/OW/ INT. TRIM14'x14' OH F/OW/ INT. TRIM10'x10' OH F/OW/ INT. TRIM10'x8' OH F/OW/ INT. TRIMWAINSCOT (ALL WALLS)36" CUPOLA W/ HORSE W.V.(TYP. @ 2 PLACES)CONTINUOUS CLOSURE VENTINGNOTE: VERIFY EXACT DOOR ANDWINDOW LOCATIONS W/ OWNER9'x48' OPEN LEANW/ POST COVERS12'x48' OPEN LEANW/ POST COVERS24" BOXED EAVE24" BOXED EAVE12" BOXED GABLE 12" BOXED GABLE 48'-0"9'-0"30'-0"12'-0"ENGINEERING DEPARTMENT2894 58th StreetEau Claire, WI 54703Fax (715) 874-4213Office (715) 874-4211 1of 36/21/19WLC19-196-43AS NOTEDI:\ACAD\DWGS\PLANREQUEST\19\RO\MERRILL,COLLIN.DWGPROJECT TITLEFILE NAME:REVISIONSNO.DATEDESCRIPTION0123BYSCALEJOB NO.DRAWN BYSHEET NO.DATE ELEVATIONSSCALE: 1/8"=1'-0"22'-6"18'-0516"412412ENGINEERING DEPARTMENT2894 58th StreetEau Claire, WI 54703Fax (715) 874-4213Office (715) 874-4211 2of 36/21/19WLC19-196-43AS NOTEDI:\ACAD\DWGS\PLANREQUEST\19\RO\MERRILL,COLLIN.DWGPROJECT TITLEFILE NAME:REVISIONSNO.DATEDESCRIPTION0123BYSCALEJOB NO.DRAWN BYSHEET NO.DATE 22"14"4"8"2x6x9" TREATED BLOCKSSECURED TO TWO FACESOF THE COLUMN AT THEBASE. SECURE w/ 5-10dNAILS EACH BLOCK.22"Ø x 8" POUREDCONCRETE FOOTINGWALL SECTIONSCALE: 1/4"=1'-0"3A14"Ø x 4" PRECASTCONCRETE FOOTING2x6x9" TREATED BLOCKSSECURED TO ALL FACESOF THE POST AT THEBASE. SECURE w/ 5-10dNAILS EACH BLOCK.2x4 MSR 1650 PURLINS@ 2318" O.C.124BEVELED EDGE PURLINNAILED TO FACE OF COLUMNEAVE TRIM2x6 BEARING BLOCKUNDER RAFTERJ-TRIMBOTTOM TRIM914" LVL RAFTER2x10 SYP #1 TREATEDGRADEBOARD2x6 SPF #2 GIRTS6x6 SYP #2 TREATED POST W/HOUSE WRAP & POST COVERSSTEEL PANEL FASTENED W/ SCREWS4 PLY 2x6 COLUMNSTEEL PANEL FASTENEDW/ SCREWSEDGE CAP TRIM3'-0"TRUSS NOTCHED INTO1 PLY OF COLUMN-SECURE w/ 6-20d NAILS5" CONCRETE FLOOR(BY OTHERS)12'-101116"16'-5"4'-10"4'-6"912" HEEL TRUSSNOTE: TRUSSES FLUSH W/EDGE OF COLUMN2x4 SUB-PURLINS IN HANGERS@ 4' O.C., INSULATION (R-38),4 MIL POLY, 29 GA. WHITE STEELLINER, ATTIC ACCESS2x4 SUB-GIRTS @ 4' O.C.,INSULATION (R-19), 4 MIL POLY,29 GA. WHITE STEEL LINERTREATED 2x6TREATED 2x4HOUSE WRAP33" WAINSCOTD-2 TRIM2' BOXED EAVE W/ VENTEDSOFFIT & 2x6 FASCIA1"5'-412"7'-9"10'-112"12'-6"14'-1012"ENGINEERING DEPARTMENT2894 58th StreetEau Claire, WI 54703Fax (715) 874-4213Office (715) 874-4211 3of 36/21/19WLC19-196-43AS NOTEDI:\ACAD\DWGS\PLANREQUEST\19\RO\MERRILL,COLLIN.DWGPROJECT TITLEFILE NAME:REVISIONSNO.DATEDESCRIPTION0123BYSCALEJOB NO.DRAWN BYSHEET NO.DATE ACCESSORY BUILDING CONDITIONAL USE PERMITS Applicant Year Size (sf) Zoning Inside MUSA Parcel Size Merrill 2019 3,072 RS-2 Yes 5.12 Newman 2018 1,422 RS-3 Yes 1.46 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 MERRILL CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On August 15, 2019 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit to allow total accessory building area greater than 1,500 square feet and a detached accessory building greater than 15 feet in height in the RS-2, Single Family Residential District on property located at 11103 181st Street West. 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 2030 Comprehensive Plan, which guides the property for low density residential uses. 2. The property is currently zoned RS-2, Single Family Residential District. 3. The legal description of the property is: That part of the Northwest Quarter of Section 13, Township 114, Range 21, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence West along the North line thereof a distance of 649.83 feet; thence South parallel to the East line of said Northwest Quarter a distance of 317.19 feet; thence deflecting to the left 91 degrees 56 minutes 53 seconds in an easterly direction a distance of 295 feet; thence deflecting to the right 26 degrees 36 minutes 37 seconds in a southeasterly direction a distance of 115.43 feet; thence deflecting to the left 26 degrees 36 minutes 37 seconds in an easterly direction a distance of 250 feet to a point in the East line of said Northwest Quarter distant 364.8 feet South of the Northeast corner thereof; thence North along the East line a distance of 364.8 feet to the point of beginning, 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 are consistent with the 2030 Land Use Plan and District 1 recommendations of the Comprehensive Plan. 2 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. 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 as allowed by this conditional use permit. 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 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 August 9, 2019 prepared by Planning & Zoning Specialist Monica Waite is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit conditioned upon compliance with the planning report prepared by Planning & Zoning Specialist Monica Waite dated August 9, 2019. DATED: August 15, 2019 LAKEVILLE PLANNING COMMISSION BY: _________________________ Scott Einck, Vice Chair