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May 18, 2020 Item No. _____
HEBERT CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Hebert conditional
use permit and adopt the findings of fact.
Overview
Nicole Nguyen-Hebert, on behalf of M.R. Hebert & Associates, Inc. has submitted an application
for a conditional use permit to allow the construction of a new single family home with an attached
garage area greater than 1,250 square feet. The property is 11.49 acres in area and is located at
16415 Klamath Trail. The proposed attached four-car garage is 1,485 square feet and one detached
accessory building will remain on the property that is 803 square feet. The property is zoned RA,
Rural/Agricultural District. The total allowable combined accessory building square footage in the
RA District is 8,712 square feet.
The Planning Commission held a public hearing on the conditional use permit at their May 7, 2020
meeting. The Planning Commission recommended unanimous approval of the conditional use
permit subject to four stipulations. There was no public comment.
Primary Issues to Consider
• Is the proposed single family home and attached garage compatible with the surrounding
single family homes? The single family home will be on a 11.49-acre parcel in a location set
back a considerable distance from existing nearby homes. The proposed attached four stall
garage is proportional in scale to the proposed house and not out of character with other single
family homes in the area.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• May 7, 2020 draft Planning Commission meeting minutes
• April 30, 2020 planning report packet
Financial Impact: $ None Budgeted: Y☐ N ☐ Source: ______________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________________________________ Envision Lakeville Community Values: A Home for All Ages and Stages of Life_______________________________________ Report Completed by: __Monica Waite, Planning & Zoning Specialist ________________________________________________
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 20- ___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby
grants a conditional use permit to Nicole Nguyen-Hebert, on behalf of M.R. Hebert &
Associates, Inc. to allow the construction of an attached accessory building with an area
greater than 1,250 square feet in the RA, Rural/Agricultural District on property located
at 16415 Klamath Trail.
2. Property. The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
That part of SE 1/4 of the NE 1/4 of Section 2, Township 114, Range 21, Dakota
County, Minnesota, lying northerly of formerly County Road No. 44 (Klamath
Trail), EXCEPT that part lying east and north of the following described line:
Commencing at the northwest corner of said SE 1/4 of the NE 1/4; thence N
89°55'53" W, assumed bearing, along the north line of said SE 1/4 of the NE
1/4453.63 feet to the beginning of the line to be described; thence S 01°27'24"
W141.78 feet; thence S 83°44'57" E 439.53 feet to the centerline of formerly County
Road No. 44 (Klamath Trail), and said line there terminating.
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) No home occupation shall be conducted within any attached or detached accessory
building on the property. No attached or detached accessory building on the property
shall be used for the operation of any commercial business or storage of commercial
equipment.
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b) The property shall be developed in accordance with the plans approved by the City
Council.
c) A building permit must be approved by the City prior to construction of the new
single family home and attached garage.
d) The portion of the driveway from the attached garage to the shared private driveway
easement shall be paved with bituminous, concrete or paver brick in accordance with
Zoning Ordinance requirements prior to the issuance of a Certificate of Occupancy
for the new single family home.
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: May 18, 2020
CITY OF LAKEVILLE
BY: ________________________
SEAL Douglas P. Anderson, Mayor
BY: ________________________
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 18th day of May 2020, 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
HEBERT CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On May 7, 2020 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the request of Nikki Nguyen-Hebert for a conditional use permit to
allow an attached garage greater than 1,250 square feet for a single family home in the RA,
Rural/Agricultural District on property located at 16415 Klamath Trail. 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 2040 Comprehensive Plan, which
guides the property for rural density residential uses.
2. The property is currently zoned RA, Rural/Agricultural District.
3. The legal description of the property is:
That part of SE 1/4 of the NE 1/4 of Section 2, Township 114, Range 21, Dakota
County, Minnesota, lying northerly of formerly County Road No. 44 (Klamath
Trail), EXCEPT that part lying east and north of the following described line:
Commencing at the northwest corner of said SE 1/4 of the NE 1/4; thence N
89°55'53" W, assumed bearing, along the north line of said SE 1/4 of the NE
1/4453.63 feet to the beginning of the line to be described; thence S 01°27'24"
W141.78 feet; thence S 83°44'57" E 439.53 feet to the centerline of formerly County
Road No. 44 (Klamath Trail), and said line there terminating.
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:
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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 proposed single family home use of the property is consistent with the Land
Use Plan and District 1 recommendations of the 2040 Comprehensive Plan.
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 attached accessory
building 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 attached accessory
building square footage and the use of that space 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 is not served with City sanitary sewer or water. The
attached accessory building square footage 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 attached accessory building will not overburden the streets serving the
property.
5. The planning report dated April 30, 2020 prepared by Planning and Zoning Specialist
Monica Waite is incorporated herein.
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DECISION
The City Council approves the Hebert conditional use permit in the form attached
hereto.
DATED: May 18, 2020
CITY OF LAKEVILLE
BY:_______________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, May 7, 2020 Page 2
• For everyone ‘attending’ tonight’s meeting to have their microphone muted
until they are prepared to speak and to turn off their microphone after they
are finished speaking.
• Do not use the Chat function on the right hand side of the screen.
• Please silence your cell phones, unless you are using your cell phone for
access to tonight’s meeting.
6. Nicole Nguyen-Hebert
Chair Kaluza opened the public hearing to consider the application of Nicole Nguyen-
Hebert for a conditional use permit to allow an attached garage on a single-family
home greater than 1,250 square feet in area in the RA/Rural Agricultural District,
located at 16415 Klamath Trail.
Nicole Nguyen-Hebert was present via teleconference at tonight’s meeting. Ms.
Nguyen-Hebert presented a brief overview of her client’s request who went through
the process of combining the lots into one PID. She indicated that her customer plans
to use the garage for personal use only.
Planning and Zoning Specialist Monica Waite presented the planning report. Ms.
Waite stated that the proposed attached four-car garage is 1,485 square feet which is
235 square feet larger than allowed without CUP approval. The additional square
footage is compatible with the RA District neighborhood. Per the applicant’s narrative,
the garage is needed for personal and family storage purposes and will not be used
for home occupation purposes or for the storage of commercial vehicles or equipment.
The home that was constructed on the subject property in the 1970’s was recently
removed for the construction of the proposed new home. The additional storage shed
that was on the property to the east of the preexisting house has been removed.
Ms. Waite indicated that the proposed single family home exceeds the minimum
setback requirements for the RA District.
Ms. Waite stated that the existing driveway access from Knolls Path will not change.
She clarified that the portion of the driveway from the attached garage to the shared
private driveway easement shall be paved with bituminous, concrete or paver brick in
accordance with the Zoning Ordinance requirements. The driveway will need to be
paved prior to the issuance of the certificate of occupancy for the new private home.
The following additional stipulation is being suggested by staff:
4. The portion of the driveway from the attached garage to the shared private
driveway easement shall be paved with bituminous, concrete or paver brick in
accordance with Zoning Ordinance requirements prior to the issuance of a
Certificate of Occupancy for the new single family home.
Ms. Waite stated that the property is served with private well water and septic sewer.
The plans propose floor drains in the garage which are directed toward surface areas
outside the building.
Planning Commission Meeting Minutes, May 7, 2020 Page 3
Planning Department staff recommends approval of the Nicole Nguyen-Hebert
conditional use permit subject to the three stipulations listed in the April 30, 2020
planning report, as amended, and adoption of the Findings of Fact dated May 7, 2020.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Drotning to close the public hearing at
6:19 p.m.
Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Witte, Drotning, Zimmer
Nays: 0
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Drotning confirmed that the subject property is outside the
MUSA. He also thought that there was a change to the Zoning Ordinance
regarding storm drains, but Mr. Morey could not confirm that.
• Commissioner Lillehei thanked Ms. Waite for the clarification earlier today on
the paving of the driveway and for adding Stipulation #4.
Motion was made by Drotning, seconded by Witte to recommend to City Council
approval of the Nicole Nguyen-Hebert conditional use permit to allow an attached
garage on a single-family home greater than 1,250 square feet in area in the RA/Rural
Agricultural District, located at 16415 Klamath Trail, subject to the following
stipulations, as amended, and adoption of the Findings of Fact dated May 7, 2020:
1. No home occupation shall be conducted within any attached or detached accessory
building on the property. No attached or detached accessory building on the
property shall be used for the operation of any commercial business or storage of
commercial equipment.
2. The property shall be developed in accordance with the plans approved by the City
Council.
3. A building permit must be approved by the City prior to construction of the new
single family home and attached garage.
4. The portion of the driveway from the attached garage to the shared private
driveway easement shall be paved with bituminous, concrete or paver brick in
accordance with Zoning Ordinance requirements prior to the issuance of a
Certificate of Occupancy for the new single family home.
Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Witte, Drotning, Zimmer
Nays: 0
7. FedEx Lakeville 2nd Addition
Chair Kaluza opened the public hearing to consider the application of Setzer
Properties SMN, LLC for the following, located south of 215th Street (CSAH 70) and
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Monica Waite, Planning & Zoning Specialist
Date: April 30, 2020
Subject: Packet Material for the May 7, 2020 Planning Commission Meeting
Agenda Item: Hebert Conditional Use Permit
Application Action Deadline: July 15, 2020
INTRODUCTION
Nicole Nguyen-Hebert, on behalf of M.R. Hebert & Associates, Inc. has submitted an application
for a conditional use permit to allow the construction of a new single family home with an
attached garage area greater than 1,250 square feet. The property is 11.49 acres in area and is
located at 16415 Klamath Trail. The proposed attached four-car garage is 1,485 square feet and
one detached accessory building will remain on the property that is 803 square feet. The
property is zoned RA, Rural/Agricultural District. The total allowable combined accessory
building square footage in the RA District is 8,712 square feet. The application narrative
submitted on behalf of the future homeowner describes the request and the proposed use of the
garage space as storage for personal use.
The following exhibits are attached for your review:
Exhibit A – Location/Zoning Map
Exhibit B – Aerial Photo Map
Exhibit C – Application Narrative
Exhibit D – Certificate of Survey
Exhibit E – Building Floor and Elevation Plans (3 Pages)
Exhibit F – List of approved conditional use permits for accessory buildings – 1981 to present
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PLANNING ANALYSIS
Existing Conditions. The subject property included a single family home constructed in the
1970’s that was recently removed for the construction of the proposed new home. The property
also includes a private driveway easement for the property to the north at 16424 Klamath Trail
that provides driveway access for these two properties to Knolls Path. The property is a legal
conforming metes and bounds described (unplatted) parcel.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North – Single Family Home (RA)
East –Single Family Homes (RA)
South – Klamath Trail and Single Family Homes (RS-1)
West – Single Family Home (RA)
Setbacks. The minimum setback for the principle structure in the RA District is 30 feet from the
front, rear, and side lot line abutting street right of way and 15 feet from the interior side lot line.
The proposed single family home exceeds the minimum setback requirements.
Total Accessory Building Area. The applicant’s narrative and plans indicate that the attached
accessory building space will be used primarily for vehicle and personal storage for the family.
The plan proposes a total attached garage building area of 1,485 square feet. The total combined
accessory building area, including the proposed attached garage and existing detached accessory
building is 2,288 square feet. Within the RA District, the total allowable combined square footage
is 8,712 square feet. The additional storage shed that was on the property to the east of the
preexisting house has been removed.
Screening. The property includes stands of mature trees to the west and north that will not be
greatly impacted by site grading according to the proposed grading plan.
Driveway. The existing driveway access from Knolls Path will not change. The entire driveway is
required to be paved with bituminous, concrete or paver brick in accordance with Zoning
Ordinance requirements.
Sanitary Sewer and Water Services. The property is served with private well water and septic
sewer. The plans propose floor drains in the garage which are typically directed toward surface
areas outside the building.
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CONDITIONAL USE PERMIT ANALYSIS
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 of the Zoning
Ordinance:
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 attached garage area greater than
1,250 square feet for personal and family storage purposes.
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 not be used for home occupation
purposes or for the storage of commercial vehicles or equipment. This is included as a
stipulation in the staff recommendation.
C. The accessory building has an evident reuse or function related to a single-family
residential environment in urban ser vice areas or hobby farm environment in
nonurban service areas of the city.
The proposed attached garage space will total 1,485 square feet, 235 square feet larger than
allowed without approval of conditional use permit. The additional square footage is
compatible with the rural character of the property and neighborhood. The Zoning
Ordinance allows up to 8,712 square feet of combined accessory building square footage in
the RA District. The proposed attached garage square footage is consistent with other
similar conditional use permits approved on similar properties. Attached Exhibit F is a list
of accessory building conditional use permits approved since 1981.
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 attached accessory building space will be incorporated into the house design
as shown on the building exterior elevations and floor plan and will be compatible with
other single family homes in the area.
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.
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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 Hebert conditional use permit to allow
an attached garage area in excess of 1,250 square feet in the RA District located at 16415 Klamath
Trail subject to the following stipulations:
1. No home occupation shall be conducted within any attached or detached accessory
building on the property. No attached or detached accessory building on the property
shall be used for the operation of any commercial business or storage of commercial
equipment.
2. The property shall be developed in accordance with the plans approved by the City
Council.
3. A building permit must be approved by the City prior to construction of the new single
family home and attached garage.
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456746
45675
163RDST WKENWOODTRL
KINGSWOODDR
KLAMA
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HTERKLAM ATHCT
162NDSTW KNOLLSPATH
KLAM A THT RL KENDALEDR
KEYSTONECTKRAFTONAVEK
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PATHCONDITIONAL USE PERMIT PUBLIC HEARING
16415 KLAMATH TRAIL
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RA
RS-1
RS-1
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RS-3
RST-2
EXHIBIT A
Conditional Use Permit Public Hearing
Property Information
April 1, 2020
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.
EXHIBIT B
March 16, 2020
Narrative provided via email by future homeowner:
The request for a larger attached garage is to accommodate the vehicles we have
within the family, as well as to utilize the additional space for our families needs.
With 2 small children- toys, games, belongings and tools will take up the space. We
in no way intended to use this space for commercial purpose, and look to have this
additional garage square footage for personal storage
EXHIBIT C
3333333316.516.516.516.516.516.5COUNTY ROAD NO. 44333350503333 FOOT WIDE PRIVATE DRIVEEASEMENT (SEE DESCRIPTIONAT RIGHT)TORRENS PARCELB1B2B4ALTERNATE SEPTICPRIMARY SEPTICROCK BEDB3LOT 1BLOCK 1KNOLLS VALLEYKNOLLS PATH W.KLAMATH TRAIL 33.0PROP. HOUSEWALK-OUTBASE=1052.1GARAGEFF=1060.5PORCHDECKSCREENPORCH1060.51051.625.752.91059.81054.6RET. WALLTOW=1059.8BOW=1054.6B1B2B4ALTERNATE SEPTICPRIMARY SEPTICROCK BEDB3SILT FENCECONCRETE WASHOUT AREA.(CONTAIN W/ POOL OR LINED PITAND MARKED WITH A SIGNHebert Homes23300 Grandview TrailLakeville, MN 55044612-600-6629TOPOGRAPHIC SURVEYAND SITE/GRADING PLANANDREW & MERRISTROHBEHNLAKEVILLE, MNARROWS SHOW DIRECTION OFSURFACE FLOW.EXISTING DRIVE SLOPE = 2.6%1051.6ALL ITEMS ARE PROPOSED:TOP OF FOUNDATION = 1060.8GARAGE FLOOR = 1060.5BASEMENT FLOOR = 1052.1FINISHED GRADE AT REAR OF HOUSE(WALKOUT) = 1051.6FINISHED GRADE AT FRONT OFHOUSE = 1059.8DESCRIPTION OF 33' WIDE DRIVE EASEMENT:A 33.00 foot wide private drive access easement over and across that part of Lot 1, Block1, KNOLLS VALLEY, Dakota County, Minnesota, according to the recorded plat thereof.Said centerline is described as follows:Commencing at the southeast corner of said Lot 1; thence N 00°38'40" E, assumedbearing, along the east line of said Lot 1 a distance of 195.39 feet to the beginning of thecenter line to be described; thence S 26°31'49" W a distance of 85.64 feet; thence S19°01'06" W a distance of 93.16 feet; thence S 13°24'48" W a distance of 71.58 feet tothe south line of said Lot 1 and said center line there terminating.GRADING NOTESEXHIBIT D
EXHIBIT E
EXHIBIT F