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HomeMy WebLinkAboutItem 05 Homuth CUPCC i t y of Lakeville P l a nning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: July 28, 2023 Subject: Packet Material for the August 3, 2023 Planning Commission Meeting Agenda Item: Homuth Conditional Use Permit Application Action Deadline: September 3, 2023 I NTRODUCT IO N All Energy Solar has submitted a conditional use permit application on behalf of Matthew Homuth to allow the installation of a ground mounted solar energy system as a third detached accessory structure with a combined area exceeding 1,500 square feet in the RS-2, Single Family Residential District located at 10530 – 175th Street. Consideration of residential alternative energy systems such as a ground-mounted solar panels considered as accessory structures in a residential zoning district was approved as an amendment to the Zoning Ordinance by the City Council on June 5, 2023, which was preceded by a work session with the Planning Commission at the request of Mr. Homuth to discuss allowing ground-mounted solar panels on residential zoned properties. Consistent with the limit of two detached accessory structures on a property with a house that does not have an attached garage, the solar array is considered a third detached accessory structure and requires approval of a conditional use permit. The following exhibits are attached for your review: Exhibit A – Location/Zoning Map Exhibit B – Aerial Photo Map Exhibit C – Aerial Photo Site Plan Exhibit D – Solar Array Images Exhibit E – North & West Solar Array Elevations Exhibit F – Structural Details Exhibit G – Site Layout 2 PP LANNING A NA LY SIS Exis ti ng Condit ions. The subject property is 3.08 acres in area. Dakota County property records indicate the house was constructed in 1922 without an attached garage. The property includes a 1300 square foot detached garage constructed in 1983 and a 384 square foot accessory building constructed in 2017 without zoning approval or issuance of a building permit. A small three- sided shed (200 square feet or less) is located southeast of the larger shed and was also constructed without a building or zoning permit (for sheds 200 square feet or less). The property is allowed two detached accessory buildings because there is no garage attached to the house. The proposed 579 square foot, 11 foot tall solar array is considered a third accessory structure which requires approval of a conditional use permit. Ad j a cent Land Use s. Adjacent land uses and zoning are as follows: North – 175th Street and single family home (RM-1 District) East – Single family home, 2.5 acres (RS-2 District) South – Single family home, 3.9 acres (RS-2 District) West – Single family home 3.3 acres (RS-2 District) Acce ss ory B ui ld ing s and Use . The Zoning Ordinance allows a single family home parcel to have two detached accessory buildings if the house does not include an attached garage. There are presently three detached accessory buildings on the property. The detached garage is 1,300 square feet in area. A 384 square foot detached shed is located south of the garage. A three-sided storage shed is located near the southeast corner of the property. The applicant agrees to remove the smaller of the three detached accessory buildings as a condition of approval of the proposed solar array. If the conditional use permit is approved and the smaller shed is removed, the property will have three detached accessory structures. Scree ni ng . 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 east, west and south boundaries. Three minimum six foot tall evergreen trees are recommended to fill the visual gap between the solar array location and 175th Street. The location of the proposed solar array is between 10 and 14 feet above the 175th Street right-of-way. The landscape screening shall be installed prior to issuance of a permit for the installation of the solar array. Appe a ran ce. 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 solar array will face south and is consistent in design with common solar arrays and as illustrated in the exhibits attached to this report. 3 BBuildi ng He ig ht. The maximum building height for an accessory building (structure) in the RS- 2 District is 15 feet. The proposed solar array will be 11 feet, three inches tall. San it a ry Sew er. The property is serviced with City water and sewer. No sanitary sewer is proposed or allowed to any detached accessory building. CONDITIO NAL U S E P ERMIT A NALYSI S The Zoning Ordinance allows the accessory building (structure) area and height requirements to be exceeded by conditional use permit subject to the following criteria as listed in Section 11-18-5: A. T he re is a demonst rate d n eed and poten tial for cont in ued use of t he st ruct ure f or the purpos e st a ted . The property owner intends to install the solar array to benefit the energy needs of the house and property customary with a single family use. B. No a cces sory buildin g or pri va te g a rage sha ll b e uti li zed f or all or a portion of a home occupa ti on , f or com m erci a l a cti vit ies or for comm ercial s torage . The applicant has indicated that the existing detached accessory buildings will be used to store personal vehicles 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. T he acce ss ory buildi ng ha s a n evid ent re us e or funct ion rela ted t o a sin gle -f a m ily re si den tial e nvi ron m ent in urb a n se rvi ce a re as or hob by f a rm e nvi ronmen t i n nonurb a n s ervice are a s of the ci ty. The proposed 579 square foot, 11-foot tall solar array structure and two additional combined detached accessory buildings totaling 1,923(?) square feet on the 3.08 acre lot will be consistent with other similar approved conditional use permits on properties of similar size and character in the city. Continued use of the existing detached accessory buildings and the proposed solar array is consistent with Zoning Ordinance requirements. D . D etached acce ss ory build in gs sha ll be m ai nt ai ned i n a m a nne r t hat is compat ib le wi th the a dj a cent resi den tial us es and d oes not pres ent a hazard t o pub li c hea lt h, s a fe ty an d ge ne ral we lf a re . The proposed solar array and existing detached accessory buildings will be located on the property with a setback of a considerable distance from 175th Street (approximately 110 feet) and abutting properties (approximately 90 feet to the west, 220 feet to the east, and 230 feet to the south). 175th Street and existing nearby homes will be screened by 4 topography and existing trees. The total combined accessory building square footage will be compatible with the characteristics of the larger single family lots in the area. EE. T he pe rforman ce st a ndards an d crit eria o f se ct ion 11-4-7 of this ti tle s ha ll b e con si de red and a d ete rm in a ti on m a de t hat the propose d a cti vit y is in compliance wi th s uch criteri a . 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. RECO MMENDA TI O N Planning Department staff recommends approval of the Homuth conditional use permit to allow three detached accessory structures exceeding a combined area of 1,500 square feet in the RS-2, Single Family Residential District located at 10530 – 175th Street subject to the following stipulations: 1. The solar array shall be constructed in the location identified on the site plan submitted with the conditional use permit application and shall meet the setbacks required by the Zoning Ordinance. 2. The solar array shall be constructed with the materials noted on the approved conditional use permit plans. 3. The solar array and the two detached accessory buildings 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. A building permit application and plans shall be submitted for the 384 square foot detached accessory building constructed without a building permit prior to issuance of a permit for the solar array structure. 5. The existing three-sided detached near the southwest corner of the property shall be removed from the property prior to issuance of a permit for the solar array structure. 6. A minimum of three, six foot tall evergreen trees shall be planted to fill visual gaps between the solar array and the 175th Street right-of-way prior to issuance of a permit for the solar array structure. EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G 1 CCITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HOMUTH C O NDITION AL USE P ERM I T FINDINGS OF FACT AND RECOMMENDATION On August 3, 2023 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of All Energy Solar representing Matthew Homuth for a conditional use permit to allow a ground mounted solar energy system as a third detached accessory structure and combined accessory structure area exceeding 1,500 combined square feet in the RS-2, Single Family Residential District located at 10530 – 175th Street. 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. F I NDIN G S OF FACT 1. The property is located in Planning District No. 2 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: The East Two Hundred feet (200) of Lot Twenty-four (24) of Argonne Farms, Dakota County, according to the duly recorded plat thereof, and the West One Hundred Fifty feet (150) of the East Three Hundred Fifty feet of Lot Twenty-four (24) of Argonne Farms according to the duly recorded plat thereof. 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 solar panel array as a third detached accessory structure is consistent with the 2040 Comprehensive Land Use Plan and District 2 recommendations of the Comprehensive Plan. 2 bb. 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 solar panel array as a third detached accessory structure on the 3.08 acre parcel 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 solar panel array as a third detached accessory structure 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 third detached accessory structure will have no impact on the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the pro perty. Finding: The solar panel array as a third detached accessory structure will not impact the streets serving the property. 5. The planning report July 28, 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 July 28, 2023. D ATE D: August 3, 2023 LAK EVIL LE PLANN I NG C OM MISSION BY: _________________________ Christine Zimmer, Vice Chair