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HomeMy WebLinkAboutItem 05 SchusterCity of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: June 9, 2023 Subject: Packet Material for the June 15, 2023 Planning Commission Meeting Agenda Item: Donald Schuster Conditional Use Permit Application Action Deadline: July 22, 2023 INTRODUCTION Donald Schuster has submitted an application for a conditional use permit to allow the construction of a second detached accessory building with a combined accessory building area greater than 1,500 square feet on his property located at 19390 Iteri Avenue and within the RS-2, Single Family Residential District. A conditional use permit is required for more than one detached accessory building and for combined accessory building area greater than 1,500 square feet in the RS-2 District. The following exhibits are attached for your review: Exhibit A – Location/Zoning Map Exhibit B – Aerial Photo Map Exhibit C – Survey/Site Plan Exhibit D – Building Elevation Image PLANNING A NALYSIS Existing Conditions. The subject property is 2.77 acres. The house was constructed in 2003 and totals 3,845 finished square feet. The house includes a 1,250 square foot attached garage and a 384 square foot shed in the far rear yard located approximately 150 feet east of the house that was 2 constructed by the previous owner of the property. Mr. Schuster would like to construct a 10’x16’ (160 square foot), 12 foot tall utility storage shed closer to the house. The shed would be located approximately 30 feet north of the house and 20 feet from the north property line, both in compliance with setback requirements. The proposed combined accessory building square footage is 294 square feet greater than allowed in the RS-2, Single Family Residential District unless approved by a conditional use permit. More than one detached accessory building also requires approval of a conditional use permit. The property is served by City sewer and water. A pre-existing well was allowed to remain on the property after sewer and water was extended to the properties on Iteri Avenue by Assessment Project 04-10. Adjacent Land Uses. Adjacent land uses and zoning are as follows: North – Single family home, 2.8 acres (RS-2 District) East – Single family homes (RS-2 District) South – Single family home, 2.7 acres (RS-2 District) West – Iteri Avenue and single family homes (RS-2 District) Setbacks. The minimum setback for the proposed detached accessory building in the RS-2 District in the location proposed is five feet to the side (north) lot line and six feet from the house. The proposed accessory building will be located approximately 20 feet from the north lot line and 30 feet from the house, in compliance with minimum setback requirements. Accessory Building Use. The applicant indicated that the new detached accessory building will be used to store personal related items and yard maintenance equipment. Screening. Consistent with past practice, conditional use permits for oversized detached and multiple accessory buildings require an effective screening plan between the detached accessory building and adjacent properties and public right-of-way. The property is wooded along the north, east and south boundaries and from public right-of-way. No additional screening is required. Appearance. The Zoning Ordinance requires that the detached accessory building exterior materials shall be consistent with those used with the principal building and in compliance with Section 11-17-9.C of the Zoning Ordinance. The proposed accessory building is a barn-roof shaped building with LP Smartside siding consistent with those found on similar residential properties and in compliance with Zoning Ordinance requirements. 3 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 12 feet. Sanitary Sewer. The property is serviced with City water and sewer. No sanitary sewer is proposed or allowed to any detached accessory building. CONDITIONAL USE P ERMIT 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 second detached accessory building for the storage of personal items and yard maintenance equipment and for a desire to have an accessory building located closer to the house. 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 second detached accessory building will be used to store personal and yard maintenance 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 second accessory building will be consistent with other similar approved conditional use permits in similar residential areas of the city. The total combined accessory building square footage will be compatible with the characteristics of the neighborhood, given the lot size of 2.77 acres. Continued use as a residential accessory storage building is consistent with Zoning Ordinance requirements. 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 second detached accessory building will be in a location on the property set back a considerable distance from existing nearby homes and will be compatible with 4 adjacent properties. The detached accessory building will be screened by existing landscaping. The total combined accessory building square footage will be compatible with the characteristics of the larger single family lots in this neighborhood. 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 Schuster conditional use permit to allow a second detached accessory building with a combined total area greater than 1,500 square feet in the RS-2, Single Family Residential District located at 19390 Iteri Avenue subject to the following stipulations: 1. The detached accessory building shall be constructed in the location identified on the site survey/site plan submitted with the conditional use permit application and shall meet the setbacks required by the Zoning Ordinance. 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. No door opening in the accessory building shall be wider than eight feet unless a paved driveway is installed between the driveway of the attached garage to the accessory building. 5. Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling or as part of a home occupation. Findings of Fact are attached 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SCHUSTER CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On June 15, 2023 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Donald Schuster for a conditional use permit to allow a second detached accessory building and combined accessory building area greater than 1,500 square feet in the RS-2, Single Family Residential District on property located at 19390 Iteri Avenue. 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. 4 of the 2040 Comprehensive Land Use Plan, which guides the property for low density residential use. 2. The property is zoned RS-2, Single Family Residential District. 3. The legal description of the property is: That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 114, Range 20. Dakota County, MN, described as follows: Beginning on the east line of said SW ¼ of the NE ¼, distant 630 feet south of the northeast corner of said SW ¼ of the NE ¼; thence West, parallel with the north line of said ¼ of the NE ¼ a distance of 526.41 feet to the center line of Iteri Avenue; thence south 00 degrees 02 minutes 40 second East on the center line of said road a distance of 230 feet; thence East, parallel with the north line of said SW ¼ of the NE ¼ a distance of 527.31 feet to the east line of said SW ¼ of the NE ¼; thence north, on the said east line a distance of 230 feet to the point of beginning. Subject to easements of record. 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 second detached accessory building use is consistent with the 2040 Comprehensive Land Use Plan and District 4 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 second 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 second 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 second 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 second detached accessory building will not overburden the streets serving the property. 5. The planning report dated June 9, 2023 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 June 9, 2023 DATED: June 15, 2023 LAKEVILLE PLANNING COMMISSION BY: _________________________ Jenna Majorowicz, Chair