HomeMy WebLinkAboutItem 05a - Kevin Kiewatt CUPCity of Lakeville
Community Development Dept
Planning Commission
Frank Dempsey, AICP
Associate Planner
June 13, 2024
Packet Material for the June 20, 2024 Planning Commission Meeting
Kevin Kiewatt Conditional Use Permit
July 28, 2024
Kevin Kiewatt has submitted an application for a conditional use permit to allow the
construction of a detached accessory building on his property that will exceed the maximum
allowable accessory building square footage in the RS-1, Single Family Residential District. The
property is 5.49 acres in size and is located at 16560 Laigle Avenue, north of Orchard Lake and
east of Judicial Road. The Zoning Ordinance allows the property a maximum accessory building
area of 2,000 square feet without a conditional use permit. The proposed new detached accessory
building will be 1,998 square feet. There is also a 392 square foot two stall garage attached to the
house. The property is located in the Rural Service Area on the 2040 MUSA Staging Plan of the
2040 Comprehensive Plan.
A. Location Map
B. Zoning Map
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C. Certificate of Survey
D. Garage location on aerial photo
E. Garage Building Plans (3 pages)
F. Applicant Narrative
G. List of CUPs approved for accessory buildings – 1981 to present
The property’s current single family land use is
consistent with the rural density residential land use identified on the 2040 Land Use Plan and
Planning District 1 recommendations of the 2040 Comprehensive Plan.
Adjacent land uses and zoning are as follows:
– Single family home on 1.36 acres (RA)
Railroad tracks, Orchard Lake Elementary School (RS-1)
Single family homes (RS-1)
Single family home, (RA and RS-1)
The property is Outlot B of Swan Addition. The character of the property
and surrounding neighborhood is primarily two-to-seven-acre rural lots served with private
sanitary sewer systems and wells. Laigle Avenue is a gravel surface road.
The existing home was constructed in 1989. The house is served by private
sanitary sewer and water.
The following minimum RS-1 District building setback requirements pertain to the
existing home as well as the proposed new detached accessory building:
Front Yard: 30 feet
Rear Yard: 30 feet
Side Yards: 10 feet
Other Buildings: 10 feet
The RS-1 District allows a maximum of 2,000 square feet of
accessory building space. The minimum lot size for the RS-1 District is 20,000 square feet, with the
Kiewatt parcel being 5.49 acres (239,144 square feet). The existing attached garage and proposed
new accessory building would include the following buildings square footage:
Existing Attached Garage – 392 square feet
Proposed Detached Accessory Building – 1,998 square feet
Total proposed accessory building area = 2,390 square feet, or 0.01% of the lot area.
The proposed new accessory building will have steel siding and a steel roof
consistent with other similar accessory buildings in the neighborhood and within the adjacent
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RA District. The primary exterior color is dark gray with a black wainscot. The south elevation
will include two overhead garage doors. The east and west elevations will have three windows
and the north window will have two windows. The proposed accessory building materials and
colors shall be consistent and complimentary to the existing home on the property.
A maximum building height of 20 feet is allowed in the RS-1 District unless
approved by conditional use permit. The new detached accessory building garage will be 17 feet,
6 inches, which is in compliance with the Zoning Ordinance.
Chapter 18, Section 5 of the Zoning Ordinance allows accessory building requirements to be
exceeded by conditional use permit subject to the following criteria:
The property owner has indicated a need for personal storage of vehicles and household
items.
No home occupation or storage of commercial equipment or vehicles is permitted in the
accessory building. The applicant has provided a letter stating that the structure will only
be used personal storage of vehicles and household items.
The existing and proposed detached accessory buildings can be used in conjunction with
the single-family home principal use of the property within the RS-1 District.
The proposed garage and other accessory buildings will be consistent with other approved
accessory building conditional use permits. Refer to attached Exhibit G for a list of
accessory building conditional use permits approved from 1981 through present.
The proposed detached accessory building (garage) will be in a location that meets
setback requirements and will be compatible with adjacent properties in this rural area of
the City.
4
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.
Community Development Department staff recommends approval of the Kiewatt conditional
use permit to allow accessory building area greater than 2,000 square feet in the RS-1, Single
Family Residential District, subject to the following stipulations:
1. The detached accessory building shall be constructed in accordance with the plans
approved with the Conditional Use Permit application.
2. 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.
3. A building permit must be approved by the City prior to construction of the new
detached accessory building (garage).
4. Electric service to the detached accessory building shall be placed underground.
5. No sanitary sewer service shall be provided to the detached accessory building.
6. No commercial activity, storage of commercial equipment or use as a dwelling shall take
place within any accessory building on the property.
7. The subject accessory building shall be removed from the property if the property is
subdivided into one or more additional lots in the future.
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
ORCHARD LAKE
City of Lakeville
Kiewatt CUP
Zoning Map
EXHIBIT A
JUDICIAL RD
LAIGLE AVE
RAILROAD
&
Kiewatt
parcel
168TH ST
KLAMATH TRL
ORCHARD LAKE
City of Lakeville
Kiewatt CUP
Zoning Map
EXHIBIT B
RA
JUDICIAL RD
LAIGLE AVE
RAILROAD
&
Kiewatt
parcel
168TH ST
KLAMATH TRL
RA
RA
RA
RA
RS-1
RS-1
RS-1
RS-1
RS-1
RS-1
55
.
5
’
36
’
EXHIBIT C
Dakota County, MN
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.
Map Scale
1 inch = 50 feet
5/24/2024EXHIBIT D
PROJECT #:
COPYRIGHT NOTICEALL DESIGNS, SPECIFICATIONS ANDPLANS ARE THE PROPERTY OF THEDESIGN CONNECTION THESE PLANSAND DESIGNS WERE CREATED ANDDEVELOPED IN CONNECTION WITH THESPECIFIC PROJECT AND SHALL NOT BEREPRODUCED FOR ANY PURPOSEWHATSOEVER WITHOUT THE EXPRESSWRITTEN PERMISSION OF THE DESIGNCONNECTION AND BUILDER
www.thedesignconnection.net
PHONE (507) 286-7869
Residential and Commercial
Design * Planning
Serving Rochester and
Southern Minnesota
1652 Greenview DR SW
Rochester, MN 55902
aaron@thedesignconnection.net
DRAWN BY:
CHECKED BY:
PRELIM DATE:
FINAL SET DATE:
Mar 11, 2024PRINTED:
FEBRUARY 29, 2024
MARCH 11, 2024
RCJ
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REVISION :.
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FOUNDATION
PLAN
EXHIBIT E
PROJECT #:
COPYRIGHT NOTICEALL DESIGNS, SPECIFICATIONS ANDPLANS ARE THE PROPERTY OF THEDESIGN CONNECTION THESE PLANSAND DESIGNS WERE CREATED ANDDEVELOPED IN CONNECTION WITH THESPECIFIC PROJECT AND SHALL NOT BEREPRODUCED FOR ANY PURPOSEWHATSOEVER WITHOUT THE EXPRESSWRITTEN PERMISSION OF THE DESIGNCONNECTION AND BUILDER
www.thedesignconnection.net
PHONE (507) 286-7869
Residential and Commercial
Design * Planning
Serving Rochester and
Southern Minnesota
1652 Greenview DR SW
Rochester, MN 55902
aaron@thedesignconnection.net
DRAWN BY:
CHECKED BY:
PRELIM DATE:
FINAL SET DATE:
Mar 11, 2024PRINTED:
FEBRUARY 29, 2024
MARCH 11, 2024
RCJ
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KI
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24067
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REVISION :.
FINAL
APPROVED FOR
CONSTRUCTION
S2.0
FLOOR
PLAN
PROJECT #:
COPYRIGHT NOTICEALL DESIGNS, SPECIFICATIONS ANDPLANS ARE THE PROPERTY OF THEDESIGN CONNECTION THESE PLANSAND DESIGNS WERE CREATED ANDDEVELOPED IN CONNECTION WITH THESPECIFIC PROJECT AND SHALL NOT BEREPRODUCED FOR ANY PURPOSEWHATSOEVER WITHOUT THE EXPRESSWRITTEN PERMISSION OF THE DESIGNCONNECTION AND BUILDER
www.thedesignconnection.net
PHONE (507) 286-7869
Residential and Commercial
Design * Planning
Serving Rochester and
Southern Minnesota
1652 Greenview DR SW
Rochester, MN 55902
aaron@thedesignconnection.net
DRAWN BY:
CHECKED BY:
PRELIM DATE:
FINAL SET DATE:
Mar 11, 2024PRINTED:
FEBRUARY 29, 2024
MARCH 11, 2024
RCJ
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KI
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W
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REVISION :.
FINAL
APPROVED FOR
CONSTRUCTION
S3.0
EXTERIOR
ELEVATIONS
Kevin & Molly Kiewatt
16560 Laigle Avenue
Lakeville MN, 55044
Proposal
To whom it may concern,
Thank you for considering our project for review along with the application for a conditional use
permit at our property of 16560 Laigle Avenue in Lakeville Minnesota.
I want to express my gratitude to the City of Lakeville staff specifically from the Planning Division
and Inspections Division. All staff has been more than helpful throughout the process so far and
has shown great patience and knowledge guiding us through all stages of our building process.
I write to ask in consideration that the City of Lakeville will approve through correct process the
plans we have to approve our post frame building in the finished size of 36’x55’6”. This finished
size including our attached garage will put us at approximately 2,392 square feet of “accessory
structure” space. Our 5.49 acre lot and privacy of the property provides more than enough
space to achieve this.
Our request for the approval of the additional 392 square feet will not provide any hinderance
to any ecosystem, utility easements, or visual impact to neighboring properties. Though the
additional square footage request may seem small in comparison the building was designed for
personal storage and use ONLY and provide adequate storage of all our vehicles and household
items.
Again thank you for your time and consideration in this process.
Regards,
Kevin & Molly Kiewatt
CUP Applicant
EXHIBIT F
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Applicant Year Size (sf) Zoning Inside MUSA Parcel Size
Kiewatt (proposed 1998 (390 sf over) RS-1 No 5.5 acres
Schuster 2023 294 RS-2 Yes 2.88 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
EXHIBIT G
EXHIBIT G
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
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KIEWATT CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On June 20, 2024 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider a conditional use permit to allow total accessory building area greater
than 2,000 square feet in the RS-1, Single Family Residential District on property located at
16560 Laigle 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.
1. The property is currently zoned RS-1, Single Family Residential District.
2. The property is located in Planning District No. 1 of the 2040 Comprehensive Plan, which
guides the property for single family residential use and is located in the Permanent Rural
District of the Comprehensive Plan.
3. The legal description of the property is Outlot B, Swan 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.
The single-family home and proposed detached accessory building on the 5.49 acre
property are consistent with the RS-1 District zoning of the property and District 1
recommendations of the 2040 Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land uses of the area.
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.
Provided compliance with the conditional use permit, the 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.
The subject property lies outside the current MUSA. 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.
The detached accessory building will not overburden the streets serving the property.
5. The planning report, dated June 13, 2024, prepared by Associate Planner Frank Dempsey,
AICP, is incorporated herein.
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 13, 2024
June 20, 2024
BY: _________________________
Jenna Majorowicz, Chair