HomeMy WebLinkAboutItem 05 Cory and Sarah LindtCity of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Ryan Tessman, Planning and Zoning Specialist
Date: April 1, 2022
Subject: Packet Material for the April 7, 2022 Planning Commission Meeting
Agenda Item: Lindh Conditional Use Permit
INTRODUCTION
Cory and Sarah Lindh have applied for a conditional use permit to allow the construction of a
1,904 square foot pole barn style accessory building in the RST-2, Single and Two Family
Residential District within the RAO, Rural Agricultural Overlay. The proposed accessory
structure would be on the property located at 11500 195th St W., where the construction of a
single family dwelling is in progress. The proposed accessory structure will be used as storage for
personal vehicles and equipment until the RAO District is removed when the property is brought
into the current MUSA and when the property is subdivided. The conditional use permit is
required since the proposed accessory structure exceeds 1,100 square feet in area and 15 feet in
height, which are the maximums allowed in the RST-2 District unless a conditional use permit is
approved by the City Council.
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 – Architectural Plans (3 pages)
Exhibit F –Accessory Building CUPs approved 1981- Present
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PLANNING ANALYSIS
Existing Conditions. The subject property is 38.38 acres in area. The property is part of an 80
acre parent parcel that was subdivided in 1990 into three separate parcels. Aerial photo records
do not show evidence of a home previously being located on the property. The property is
located in Municipal Urban Service Area (MUSA) Expansion Area B by the 2040 Comprehensive
Land Use Plan and is not expected to have City utility service until at least 2029. City sewer and
water services are therefore unavailable to serve the property which means that private sanitary
sewer and water services will be required. The property includes a 1,972 square foot house with
no attached garage which is currently under construction. The proposed new accessory structure
would be 1,904 square feet. The RST-2, Single and Two Family Residential District allows for
accessory building floor coverage not to exceed 10% of the lot area. The proposed accessory
structure would constitute about 0.1% of the lot area.
Adjacent Land Uses. The property has frontage on 195th Street, which is unpaved. The property
abuts large acreage properties with single family homes to the North and large acreage
undeveloped properties to the South, East, and West. All abutting properties are guided as
MUSA Expansion Area B or Urban Reserve by the 2040 Comprehensive Land Use Plan and are
not expected to be incorporated into the MUSA until at least 2029 and 2038 respectively.
Setbacks. The minimum setbacks for the detached accessory building in the RST-2 District are 7
feet to the side property lines, 25 feet to the front property line and 30 feet from rear property
line. The proposed detached accessory building complies with required setbacks.
Accessory Building Use. The proposed detached accessory building will be used as a garage and
for storage of recreation and personal equipment. No sewer or water service is proposed to the
accessory building and it will not be used for commercial purposes.
Screening. The property and proposed accessory building are extensively screened by existing
trees from adjacent properties. No additional screening is required.
Appearance. The proposed accessory structure will utilize painted steel siding. These materials
comply with Section 11-17-9.C of the Zoning Ordinance.
Building Height. A maximum building height of 15 feet is allowed for detached accessory
buildings in the RST-2 District. Building height is measured from the average grade elevation to
the mid-point of the gable roof. The proposed accessory building height will be approximately
18.9 feet, as defined by the Zoning Ordinance, and is subject to approval of the conditional use
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permit. The single family home under construction is 20.6 feet in height. The proposed
accessory building complies with Section 11-18-9.C.4.c of the Zoning Ordinance.
CONDITIONAL USE PERMIT ANALYSIS
The Zoning Ordinance allows the accessory building area 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 their desire for the use of a pole barn style structure to store
personal vehicles and equipment. The accessory structure will be permitted to remain on the
property until the property is subdivided, at which time the accessory structure and vehicles
will be removed.
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 has indicated that the detached accessory building will be used for personal
recreational purposes. 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 consistent with other similar approved conditional
use permits on large rural lots in this area of the city.
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 set back from
existing nearby homes and screened from 195th Street to the North. The proposed use will
be compatible with adjacent properties. No home occupation or other commercial use of
the accessory building is allowed by the Zoning Ordinance.
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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 Lindh conditional use permit to allow a
detached accessory building exceeding 1,100 square feet in area and 15 feet in height in the RST-
2 District, located at 11500 195th Street, subject to the following stipulations:
1. The detached accessory building shall be constructed in the location identified on the
certificate of survey prepared by Jacobson Engineers & Surveyors and approved by the
City Council.
2. The detached accessory building shall be constructed with the materials noted 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. Sanitary sewer service shall not be provided to the detached accessory building and the
detached accessory building shall not be used as a dwelling.
5. No home occupation or other commercial activities shall occur in any accessory building
on the property including no storage of commercial equipment or third-party properties
or equipment.
6. The detached accessory building shall be removed from the property at the time the
property is subdivided.
gis.co.dakota.mn.usldcgis/ Lindh Conditional Use Pen11it - 11500 195th St W RM-2
RST-2
RS-3
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, suNeY, or for zoning verification. Exhibit A
Lindh Conditional Use Pen11it - 11500 195th St W Exhibit B
195TH STREET WEST66.0
33.0PROPOSED HOUSE9' FND WALLBASE=1043.51051.51051.520.0FUTUREGARAGEFF=1050.41050.120.0NEW DRIVE
14.0117.2 BENCH - TOP OF CAST IRONMONUMENT = 1050.441155.01547.30
AREA = 38.38 ACRESPROPOSED HOUSE& GARAGECERTIFICATE OF SURVEYCory Lindh6904 Gebella StreetApt #419Apple Valley, MN 55124ARROWS SHOW DIRECTION OFSURFACE FLOW.BENCHMARK - TOP OF CAST IRONMONUMENT, ELEVATION = 1050.44PROPOSED DRIVE SLOPE = 2.0%I hereby certify that this is a correct representation of asurvey of:The E 1/2 of the SE 1/4 of Section 23, Township 114,Range 21, Dakota County, Minnesota, Except the North1547.30 feet of the West 1155.00 feet thereof.And that this survey and certificate was prepared by me orunder my direct supervision and that I am a duly licensedLand Surveyor under the laws of the State of Minnesota.Grant D. Jacobson, MN License No. 23189Dated this 10th Day of June, 2021PROPOSED ELEVATIONS FOR HOUSE AND GARAGE:TOP OF HOUSE FOUNDATION = 1052.2DETACHED GARAGE FLOOR = 1050.4BASEMENT HOUSE FLOOR = 1043.5FINISHED GRADE AT PERIMETER OF HOUSE = 1051.5FINISHED GRADE AT PERIMETER OF GARAGE = 1050.11050.1OVERALL PROPERTYSCALE - 1" = 250'
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Applicant Year Size (sf) Zoning Inside MUSA Parcel Size
Lindh (Prop. 2022 1,904 RST-1/RAO No 38 acres
Scholtz 2021 1,6xx RS-1 Yes 1.17 acres
Ryan 2021 520 RA No 18.0 acres
Prawdzik 2020 1,302 RS-CBD Yes 0.40 acres
Cohoe 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
Moss 1985 2,000 R-1 Yes -
Tangen 1984 1,800 R-2 Yes -
Roheder/Johns. 1983-85 36,000 RA No
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
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
LINDH CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On April 7, 2022 the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of Cory and Sarah Lindh for a conditional use permit to allow an accessory
building greater than 1,100 square feet in area and 15 feet in height in the RST-2, Single and Two Family
Residential District on property located at 11500 195th St W. 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. 7 of the 2040 Comprehensive Plan, which guides the
property for rural residential uses until the property is brought into the Current MUSA.
2. The property is currently zoned RST-2, Single and Two Family Residential District with a Rural
Agricultural Overlay because the property is located in MUSA Expansion Area B (2029-2038).
3. The legal description of the property is:
The East Half of the Southeast Quarter of Section 23 Township 114 Range 21, Dakota County,
Minnesota, Except the North 1547.30 feet of the West 1155.00 feet thereof.
4. Section 11-4-3.E 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 is consistent with the
2040 Land Use Plan and District 7 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 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.
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Finding: Provided compliance with the conditional use permit, the proposed detached accessory building
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 MUSA Expansion Area B. The property is served with
private sanitary 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 195th Street serving the property.
5. The planning report dated April 1, 2022 prepared by Planning and Zoning Specialist Ryan Tessman is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the conditional use permit
conditioned upon compliance with the planning report dated April 1, 2022 and prepared by Planning
and Zoning Specialist Ryan Tessman.
DATED: April 7, 2022
LAKEVILLE PLANNING COMMISSION
BY: _________________________
Jenna Majorowicz, Vice Chair