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Home My WebLink AboutItem 06 Goose lake 2nd Addition1 City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: August 14, 2020 Subject: Packet Material for the August 20, 2020 Planning Commission Meeting Agenda Item: Goose Lake Second Addition Preliminary/Final Plat, Easement Vacation and Conditional Use Permit Application Action Deadline: November 20, 2020 BACKGROUND Chris and Evan Cohoe, owners of the property located at 16795 Judicial Road, have submitted applications for preliminary and final plat, easement vacation, and conditional use permit to allow the construction of a replacement detached accessory building on their property. The Cohoe’s own three separate adjacent lots, one of which includes the house, and two that include an old detached accessory building divided by a property line from a separate plat than the lot on which the house is located. The combination of lots from different plats requires the approval of a new preliminary and final plat in accordance with Dakota County requirements for combining lots from different plats. An easement vacation is required to vacate the old underlying drainage and utility easements from the existing Goose Lake First Addition plat. A conditional use permit is required to allow an accessory building greater than 2,000 square feet in area and 20 feet in height in the RS-1, Single Family Residential District. EXHIBITS Exhibit A – Aerial Photo Exhibit B – Location/Zoning Map Exhibit C– Preliminary Plat 2 Exhibit D – Final Plat Exhibit E – Easement Vacation Sketch Exhibit F – Conditional Use Permit Narrative Exhibit G – Proposed Accessory Building Plans (4 Pages) Exhibit H – Accessory Building Conditional Use Permits Approved 1981-2020 (2 Pages) PLANNING ANALYSIS PRELIMINARY PLAT AND FINAL PLAT Existing Conditions. The property gently slopes from south to north and more steeply to the west toward the wetland basin located in Outlot A, Goose Lake First Addition. The property is developed with a single family home constructed in 1972 and a detached accessory building constructed for a single family home that previously located on the two Liberty Heights lots but was removed in approximately 2016. The underlying Liberty Heights plat was recorded in 1909. Taking advantage of the availability of city sewer and water service, the previous owners of the Cohoe property platted the Goose Lake First Addition to create a new lot for the existing Cohoe house and to create a second lot to the southwest, accessed from Judicial Road. Goose Lake First Addition also included an outlot to encompass the wetland and wetland buffer and was deeded to the City as Outlot A. Goose Lake First Addition was recorded in 2001. The Cohoe’s purchased the Goose Lake First Addition lot in 2003 and the two Liberty Heights lots in 2012. Consistency with the Comprehensive Plan. The subject property is guided for single family homes and is located in Planning District 1 of the 2040 Comprehensive Land Use Plan. Zoning and Adjacent Land Uses. The proposed Goose Lake Second Addition preliminary and final plat property is zoned RS-1, Single Family Residential District. Adjacent land uses and zoning are as follows: North –Single family home (RS-1 District) East – Judicial Road and single family home (RS-1 District) South – Single Family home (RS-1 District) West – Wetland (Outlot A) and single family homes (RS-1 District) Lots/Blocks. The RS-1 District requires a minimum lot size of 20,000 sq. ft. and a minimum lot width of 100 feet. Proposed Lot 1 is 1.42 acres in size and 180 feet in width. The Goose Lake Second Addition preliminary and final plat meets the requirements for lot area and lot width. 3 The proposed combined 1.42 acre property does not have adequate lot width to subdivide and create a second single family lot. Setbacks. The location of the existing house on Lot 1 complies with the following setback requirements of the RS-1 District: Yard Front Rear Sides Interior Setbacks 30 feet 30 feet 15 feet Outlots. There are no outlots associated with the proposed Goose Lake Second Addition preliminary and final plat. Density. The property is 1.42 acres, which includes a net density of 0.70 units per acre in compliance with the low density residential development guide of the 2040 Comprehensive Land Use Plan. Streets. The Goose Lake Second Addition preliminary and final plat abuts Judicial Road. All required right-of-way has previously been dedicated for Judicial Road. Tree Preservation. A tree preservation plan is required for all plats and for properties within the Shoreland Overlay District. The tree preservation plan shall include areas of the property within 50 feet of the proposed accessory building, the new driveway, or any associated grading on the property prior to issuance of a building permit. Grading, Drainage, Erosion Control, and Utilities. No new property grading, drainage or utilities construction is proposed for the Goose Lake Second Addition preliminary and final plat other than for the construction work associated with the proposed accessory building. Park Dedication. No park dedication is required for the Goose Lake Second Addition plat. Shoreland Overlay District. The Goose Lake Second Addition property is within 1000 feet of Orchard Lake which places the property in the Shoreland Overlay District. Single family lots are allowed a maximum of 25% impervious surface area. The site plan and preliminary plat proposes a total of 18.54% impervious surface area in compliance with Zoning Ordinance requirements. EASEMENT VACATION 4 The platted easements established with the Goose Lake First Addition plat must be vacated to maintain clear property title if new overlying easements are established with the Goose Lake Second Addition plat. The area of the property that included the 1909 Liberty Heights plat did not include drainage and utility easements. The affected utility companies were notified and no comments were received. CONDITIONAL USE PERMIT The Cohoe’s propose a 70’x30’, 2,100 square foot, 21 foot tall detached accessory building to replace the existing and deteriorating 19’x21’, 399 square foot accessory building on the property. The proposed building would include an upper storage level of 980 square feet. The attached garage is 528 square feet which would bring the total accessory building size to 3,608 square feet, or 5.8% of the property. Setbacks. The minimum setback for the detached accessory building from the side and rear lot lines is 10 feet. The front yard setback requirement is 30 feet. The proposed accessory building setbacks will be 32 feet from the front (Judicial Road) property line and 28 feet from the south side property line in compliance with Zoning Ordinance requirements. Accessory Building Use. The attached applicant narrative describes the proposed accessory building being used for storage of various motor and recreational vehicles. Screening. Mature trees are located between Judicial Road and the proposed accessory building. No additional screening is needed. Driveway. The existing driveway is paved bituminous. Pavement (concrete) will be included in the area leading to the new accessory building as identified on the site plan and excess asphalt pavement will be removed. 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. The proposed accessory building will include 8 inch lap siding consistent with the existing house. The applicant has indicated that wood composite siding and asphalt shingles, or possibly a finished steel roof, with colors consistent with the existing single family home, will be used for the new accessory building. Building Height. A maximum building height of 20 feet is allowed for detached accessory buildings in the RS-1 District. The total building height, as defined by the Zoning Ordinance, will be approximately 21 feet, which requires approval of a conditional use permit. 5 Sanitary Sewer. Private sanitary sewer serves the existing house. No sanitary sewer is allowed to the accessory building. Conditional Use Permit Performance Criteria. The Zoning Ordinance allows the accessory building area and height maximums 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 accessory building for the storage of personal motor and recreational vehicles. 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 proposed accessory building will be used to store personal vehicles and for hobby purposes only. 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 somewhat larger but generally consistent with other similar approved conditional use permits in the city on similar lots larger than one acre. Attached Exhibit H is a list of accessory building conditional use permits approved since 1981. The total accessory building area will be approximately 5.8% of the area of the property. 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 accessory building will be of a design consistent with other residential buildings in the area, in a location set back a considerable distance from any nearby homes, and will be compatible with adjacent properties. 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. 6 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 Goose Lake Second Addition preliminary and final plat, easement vacation and conditional use permit subject to the following stipulations: 1. A building permit shall be required prior to construction of the detached accessory building. 2. The existing detached accessory building shall be removed from the prior to commencing construction of the new accessory building. 3. A tree preservation plan shall be submitted prior to the issuance of a building permit for the accessory building for all grading and construction activity within 50 feet of any significant trees on the property. 4. The detached accessory building foundation shall not exceed 2,100 square feet, the upper level storage area shall not exceed 980 square feet, the height shall not exceed 21 feet, and the combined accessory building area (attached and detached) shall not exceed 3,608 square feet unless a conditional use permit amendment is approved by the City Council. In addition, one detached accessory building is allowed on the property unless a conditional use permit amendment is approved by the City Council. 5. The detached accessory building shall include exterior building materials and colors consistent with the single family home. 6. Sanitary sewer shall not be connected to the detached accessory building. 7. All driveway and parking areas shall be paved with bituminous, concrete or paver brick. JUDICIALRDJ UDICIALR DJUDIC IAL RD LAKEVIEW CT168THSTW 1 67THSTWLINCHPAT H LI ON S CTP/OS P/OS RS-1 RS-1 RS-1 RS-1 RS-1 RA RA RA 16795 JUDICIAL ROAD ZONING MAP ¹ Orchard Lake EXHIBIT A 16795 JUDICIAL ROAD Property Information July 7, 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 EXHIBIT C EXHIBIT D ADDRESS: 16795 JUDICIAL ROAD EASEMENT VACATION SKETCH I I I I Bohlen I I I I I I I Surveying & Associates 31432 Foliage Avenue ' 1682 Cliff Road E. Northfield, MN 55057 Burnsville, MN 55337 Phone: (507) 645-7768 B A Phone: (952) 895-9212 tomeara@bohlensurveying.com Fax: (952) 895-9259 \ a -------, DRAINAGE &.- UTILITY _ EASEMENT TO BE VAC47FD ----r ------------- ---------,\0 0/ \ I \ I �',,,_ 1 LOT 2 \�o I \�"\_ filOCK1 \� I o� \ \ I \�� I \� I GOOSE LAKE RRST ADDITION \ ',,,, I I I I I / 10 / / / ---/ --- .......... - FOR EVAN & CHRIS COHOE \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 1" = 20' I I EASEMENT VACATION DESCRIPTION I \ VACATE THE DRAINAGE & UTILITY EASEMENTS AS PLATTED IN LOT 2, BLOCK 1, GOOSE LAKE FIRST ADDITION, CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA. PROPERTY DESCRIPTION LOT 2, BLOCK 1, GOOSE LAKE FIRST ADDITION, CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA. I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE: _ ___;,7-'-1-=-6-=20=---- S:\Projects\Lakeville\goose-lake-1 st-add\dwg\EASEMENT-SKETCH.dwg 7/16/2020 7:02:20 PM CST THOMAS J. O'MEARA, LAND SURVEYOR MINNESOTA LICENSE NO. 46167 EXHIBIT E July 1, 2020 To Whom this concerns, The size of accessory building is needed for our active and growing family. We will be having a new driver in the next year. Which in turn will cause us to get another vehicle. Currently we have three cars with a attached garage that only fits one at a time. Our family is active in all motorsports and have vehicles in different locations throughout Minnesota. We also have ice fishing equipment and a boat that we would like to store indoors. We would be able to keep all of our equipment for our active lifestyle in one location. This will save us money and offer more time for us to enjoy the sports and our unique location in Lakeville. This accessory building is to be used for hobbies only. Chris Cohoe SUPERINTENDENT P 952.837.8600 | C 612.730.7317 I F 952.842.2284 E chris.cohoe@rjmconstruction.com RJM Construction | 830 Boone Ave. North | Golden Valley, MN 55427 rjmconstruction.com EXHIBIT F 12'-0"T.O. FOUNDATION (100.00)WALL PLATE HGT. (12'-0")B.O. FOUNDATION (98.00)2'-0"8'-0"UPPER LEVEL SUB-FLOOR (2x12 BOT. CHORD)UPPER LEVEL CLG. HGT. (8'-1 1/8")1'-0"UPPER LEVEL WINDOW HEAD HGT.6'-10"SCALE 1/4" 1'-0"1'-0"1'-0"CONT. RIDGE VENT21.1LAP SIDING 8" EXP.2x8 FASCIA12'-0"T.O. FOUNDATION (100.00)WALL PLATE HGT. (12'-0")B.O. FOUNDATION (98.00)2'-0"8'-0"UPPER LEVEL SUB-FLOOR (2x12 BOT. CHORD)UPPER LEVEL CLG. HGT. (8'-1 1/8")1'-0"UPPER LEVEL WINDOW HEAD HGT.6'-10"SCALE 1/4" 1'-0"1'-0"1'-0"CONT. RIDGE VENT21.1LAP SIDING 8" EXP.2x8 FASCIAProject: Cohoe Detached Garage 16795 Judicial Road, Lakeville, MN 55044EXHIBIT G 12'-0"T.O. FOUNDATION (100.00)WALL PLATE HGT. (12'-0")B.O. FOUNDATION (98.00)2'-0"8'-0"UPPER LEVEL SUB-FLOOR (2x12 BOT. CHORD)UPPER LEVEL CLG. HGT. (8'-1 1/8")1'-0"UPPER LEVEL WINDOW HEAD HGT.6'-10"SCALE 1/4" 1'-0"8128122'-0"RGH.TRUSSTAIL21.1LAP SIDING 8" EXP.2x8 FASCIA 2x8 FASCIA12'-0"T.O. FOUNDATION (100.00)WALL PLATE HGT. (12'-0")B.O. FOUNDATION (98.00)2'-0"8'-0"UPPER LEVEL SUB-FLOOR (2x12 BOT. CHORD)UPPER LEVEL CLG. HGT. (8'-1 1/8")1'-0"UPPER LEVEL WINDOW HEAD HGT.6'-10"SCALE 1/4" 1'-0"21.1LAP SIDING 8" EXP.2x8 FASCIA 2x8 FASCIA8128122'-0"RGH.TRUSSTAIL81212'-0"T.O. FOUNDATION (100.00)WALL PLATE HGT. (12'-0")B.O. FOUNDATION (98.00)2'-0"8'-0"UPPER LEVEL SUB-FLOOR (2x12 BOT. CHORD)UPPER LEVEL CLG. HGT. (8'-1 1/8")1'-0" 4'-4" HEEL HGT.2'-0"RGH.TRUSSTAIL14'-0"6'-8" MIN. HEADRM.10"RGH.13'-0" 21R AT 7 7/16"±UPPER LEVEL WINDOW HEAD HGT.6'-10"SCALE 1/4" 1'-0"21.11'-4"HORIZONTAL INSULATION -2" XPS RIGID PANELS1'-0"W. AT PERIMETER24"W. AT CONERS PER PLANVERTICAL INSULATION -2" XPS RIGID PANELSFULL HGT. OF CONC. FTG.3 1/2" MIN. CONC. SLAB-ON-CRADEWITH MONOLITHIC 24"D.TURNED-DOWN FOOTING1'-4"W. AT PERIMETER1'-0"W. AT INTERIOR BRACED WALLANCHOR BOLT PER CODESECTION R403.1.6TRTD. 2x6 SOLE PLATEFLASHING1/2" EXT. SHEATHING ON2x6 16" O.C. FRAMED WALL4" MIN. GRAVEL BASEGRADE1'-4" MIN.1/2" GYPSUM AT INTERIORFIBERGLASS BATT INSUL.SCALE 1 1/2" 1'-0"Project: Cohoe Detached Garage 16795 Judicial Road, Lakeville, MN 55044 FROST PROTECTED SHALLOW FOUNDATION3 1/2" MIN. CONC. SLAB-ON-CRADEWITH MONOLITHIC 24"D.TURNED-DOWN FOOTING1'-4"W. AT PERIMETER1'-0"W. AT INTERIOR BRACED WALL70'-0"30'-0" 3'-4" TYP.39'-6"1'-0"29'-6"1'-4" TYP.SCALE 1/4" 1'-0"HORIZONTAL INSULATION -2" XPS RIGID PANELS1'-0"W. AT PERIMETER24"W. AT CONERSVERTICAL INSULATION -2" XPS RIGID PANELSFULL HGT. OF CONC. FTG.1'-4" TYP.1'-4"TYP.1'-4"TYP.11.111.116'-2" Project: Cohoe Detached Garage 16795 Judicial Road, Lakeville, MN 55044 SCALE: 1/4"=1'-0"1.7<3,CAL :ALL )5A0,1* 72 %E x6 # 16" 2.C. 7<3,CAL3LA7E +E,*+7 72 %E 1'-0"..7<3,CAL :,1'2:/'225 +EA'E5 72 %E -;10'S81LESS 127E' 27+E5:,SE - ASS80E 1 75,00E5)25 +EA'E5 LE1*7+S LESS 7+A1 '-0" 75,00E5S)25 +EA'E5 LE1*7+S '-0" 25 *5EA7E5 81LESS127E' 27+E5:,SE.3.81LESS 127E' 27+E5:,SE ',0E1S,21S A5E )520CE17E5 2) 25 )ACE 2) )5A0,1*. E;7E5,25 )ACE',0E1S,21S A5E 72 E;7E5,25 )ACE 2) S78' 127 72)ACE 2) S+EA7+,1*. '2 127 SCALE 2)) 7+E'5A:,1*S. ,) ',0E1S,21AL ,1)250A7,21 ,S 0,SS,1*25 81CLEA5 C217AC7 352-EC7 '5A)7S0A1 )25CLA5,),CA7,21.x30 6 8 16'-0" x '-0" 2.+. '225'-0" x '-0" 2.+. '225'-0" x '-0" 2.+. '2258'-0" x '-0" 2.+. '225 x30 6 8 8315x1 -2,S7S# 16" 0.C.5220-,1-A77,C 522) 758SSES # 4" 0.C. 5220-,1-A77,C 522) 758SSES # 4" 0.C. *,5'E5 5220-,1-A77,C 522) 758SS *,5'E5 5220-,1-A77,C 522) 758SS40'-0"30'-0"1'-8" ,17E5,25 %5ACE' :ALL 4'-0"4'-0"4'-0"16'-"6'-"13'-3"3'-8"'-"4'-0"'-"4'-0"0'-0"48'-"1'-"16'-10"8'-"'-0" 30'-0"11.111.1 x13 18" L.9.L. +'5. 11 /8" L.9.L. +'5. 11 /8" L.9.L. +'5. x10 +'5. x10 +'5. x10 +'5.SCALE: 1/4"=1'-0"CASE0E17 3048 : 14'-0"'-0"CASE0E17 3048 : '1 15 :ALL L,1E %EL2::ALL L,1E %EL2:3'-0"+. x6 .1EE :ALL11.111.1Project: Cohoe Detached Garage 16 -XGLFLDO 5RDG LDNHYLOOH 01 044 ACCESSORY BUILDING CONDITIONAL USE PERMITS Applicant Year Size (sf) Zoning Inside MUSA Parcel Size Cohoe (prop.) 2020 3,608/21 ft RS-1 Yes 1.42 acres Herbert 2020 1,485 (attached) RA No 11.49 acres Merril 2019 3,072 RS-2 Yes 5.12 acres 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 18 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 EXHIBIT H 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 GOOSE LAKE SECOND ADDITION CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On August 20, 2020 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Chris and Evan Cohoe for a conditional use permit to allow total accessory building area greater than 2,000 square feet and an accessory building height greater than 20 feet in the RS-1, Single Family Residential District on property located at 16795 Judicial Road. 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 2040 Comprehensive Land Use 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: Lot 1, Block 1, Goose Lake Second Addition 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 detached accessory building use is consistent with the 2040 Comprehensive Land Use Plan and District 1 recommendations of the 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 detached accessory building will be compatible with existing and future land uses in the area. 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: 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 but is served with private sanitary sewer and water systems. 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 street, Judicial Road, serving the property. 5. The planning report dated August 14, 2020 prepared by Associate Planner Frank Dempsey 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 Associate Planner Frank Dempsey dated August 14, 2020. DATED: August 20, 2020 LAKEVILLE PLANNING COMMISSION BY: _________________________ Pat Kaluza, Chair