Loading...
HomeMy WebLinkAboutItem 05 WalzCity of Lakeville Planning Department Memorandum To: Planning Commission From: Ryan Tessman, Planning and Zoning Specialist Date: April 13, 2022 Subject: Packet Material for the April 21, 2022 Planning Commission Meeting Agenda Item: Walz Conditional Use Permit INTRODUCTION Andrew Walz has applied for a conditional use permit to allow the construction of a detached accessory structure within the RS-1, Single Family Residential District and is also located within the Kingsley Lake shoreland overlay district. The proposed accessory structure would add 2,080 square feet to the 2.32 acre property located at 16410 Kingswood Drive, which has an existing 714 square foot attached garage. The addition of this proposed structure would increase total accessory building area to 2,794 square feet. The proposed accessory structure will be used as storage for vehicles and equipment for personal use. The conditional use permit is required since the proposed accessory structure exceeds the 2,000 square feet combined allowable floor area for accessory buildings in the RS-1 District. 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 2 PLANNING ANALYSIS Existing Conditions. The subject property is a single-family lot that totals 2.32 acres in area. The existing house is 2,215 square feet in area and was constructed in 2021. Adjacent Land Uses. The subject property is zoned RS-1, Single Family Residential District with a shoreland overlay district for Kingsley Lake. Adjacent land uses and zoning are as follows: North – Single Family Homes (RS-1) East – Wetland and Single Family Homes (RS-1) South – Single Family Homes (RS-1) West – Kingswood Drive and Single Family Homes (RS-1) Setbacks. The minimum setbacks for the detached accessory building in the RS-1 District are 15 feet to the side property line, 30 feet to the front property line and 30 feet from rear property lines. The proposed detached accessory building complies with required setbacks. The proposed accessory structure setbacks are as follows: Front (West): 113.8 feet Side (North): 20 feet Side (South): >150 feet Rear (East): >200 feet Accessory Building Use. The proposed detached accessory building will be used as a garage and for storage of outdoor recreation equipment (Exhibit C). No sewer or water service is proposed to the new building. The structure will not be used for commercial purposes. Driveway Surfacing. The driveway to the accessory building shall be surfaced with concrete, bituminous, or paver brick. Screening. The property and proposed accessory building are extensively screened by existing trees from adjacent properties. The accessory building will be at an elevation approximately 18- 20 feet above Kingswood Drive. No additional screening is required. Appearance. The proposed accessory structure will utilize painted treated wood board and batten siding with steel roofing to match the house. These materials comply with Section 11-17- 9 of the Zoning Ordinance. 3 Building Height. A maximum building height of 20 feet is allowed for detached accessory buildings in the RS-1 District. The proposed structure is 19 feet in height. Impervious Surface Area. As shown on the Survey submitted with the conditional use permit application (Exhibit D) the detached accessory building would bring the total impervious surface area to 10.18% of the lot, which meets the maximum 25% impervious surface area requirement for single family lots in the shoreland overlay district. 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. Properties in the RS-1 District are allowed combined accessory buildings totaling 2,000 square feet, unless a conditional use permit is approved to exceed that amount. The property owner has indicated a need for the proposed detached accessory building to store personal vehicles and equipment, including a boat, utility trailer, small wheel loader, and a third vehicle. 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 storage 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 space has the evident function of creating storage of personal and maintenance equipment for this 2.32 acre 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. 4 The proposed accessory building will be constructed with similar materials as the existing single family home on the property 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. 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 Waltz conditional use permit to allow the construction of a detached accessory building greater than 2,000 square feet in the RS-1 District located at 16410 Kingswood Drive, subject to the following stipulations: 1. The total accessory building area (combined attached and detached) on the property shall not exceed 2,794 square feet. 2. The detached accessory building shall be constructed in the location identified on the Certificate of Survey approved with the conditional use permit. 3. The driveway to the detached accessory building shall be paved with concrete, bituminous, or paver brick. 4. Exterior building materials shall be of similar color and materials as the principal building and shall conform with the standards and criteria in section 11-17-9 of the Zoning Ordinance. 5. 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. 6. Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 7. 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. gis.co.dakota.mn.usldcgis/ Walz Conditional Use Pen11it - 16410 Kingswood DriveDisclaimer: 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 Walz Conditional Use Pen11it - 16410 Kingswood Drive Exhibit B 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA WALTZ CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On April 21, 2022 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Andrew Walz for a conditional use permit to allow accessory building area greater than 2,000 square feet in the RS-1, Single Family Residential District on property located at 16445 Kingswood Court. 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 use. 2. The property is zoned RS-1, Single Family Residential District 3. The legal description of the property is: Lot 2, Block 1, KINGSWOOD ESTATES 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 home and proposed 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. 2 Finding: Provided compliance with the conditional use permit, the 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: 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 and is served with city sanitary sewer and water systems. The attached 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 attached accessory building will not overburden the streets serving the property. 5. The planning report dated April 13, 2022 prepared by Ryan Tessman, Planning and Zoning Specialist, 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 Ryan Tessman, Planning and Zoning Specialist dated April 13, 2022. DATED: April 21, 2022 LAKEVILLE PLANNING COMMISSION BY: _________________________ Jeff Witte, Chair