HomeMy WebLinkAboutItem 05a - Nikolay Zaytsev CUPCity of Lakeville
Community Development Department
Memorandum
To: Planning Commission
Frank Dempsey, AICP, Associate Planner
July 12, 2024
Packet Material for the July 18, 2024 Planning Commission Meeting
Nikolay Zaytsev Conditional Use Permit
Nikolay Zaytsev of 16394 Klamath Trail 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 located within the Kingsley Lake shoreland overlay district. 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 and for more than one detached accessory
building. The proposed accessory building would total 2,080 square feet in area. The existing
attached garage is 700 square feet, and the existing detached accessory building is 352 square feet
in area which would result in a total of 3,132 square feet.
The following exhibits are attached for your review:
Exhibit A – Location/Zoning Map
Exhibit B – Aerial Photo Maps
Exhibit C – Certificate of Survey
Exhibit D – Building Elevation Plans
Exhibit E – List of Accessory Building Conditional Use Permits Approved 1981-2024
The subject property is a single-family lot that totals 88,027 square feet
(2.02 acres) in area, not including 13,985 square feet of wetland area, which is more than four
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times the minimum lot size of 20,000 square feet in the RS-1 District. The existing house is 3,682
square feet in area and was constructed in 1948 with expansions occurring since that time. An
accessory building was constructed on the west side of the property in approximately 2015. The
existing garage is 700 square feet, and the existing detached accessory building is 352 square feet.
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 – Klamath Trail 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)
The minimum setbacks for the detached accessory building in the RS-1 District are 15
feet to the side property line, 20 feet to the street side (north) property line, and 30 feet to the
front property (west) property line and 30 feet from rear (east) property line. The proposed
detached accessory building complies with required setbacks. The proposed accessory structure
setbacks are as follows:
Front (West): 71 feet
Side (North): 123.4 feet
Side (South): 74 feet
Rear (East): 275 feet (approximately)
The proposed detached accessory building shall be used only as a
garage for vehicle storage, and storage of personal recreation or yard maintenance equipment.
No sewer service is proposed nor shall be extended to the accessory building. The structure shall
not be used for commercial or home occupation purposes.
The driveway to the accessory building shall be surfaced with concrete,
bituminous, or paver brick.
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. Additional screening is not required provided the existing trees
between the building pad and the Klamath Trail and Kingswood Drive remain. If the existing
trees are removed or die for any reason, the property owner shall replace the trees with conifer
and overstory deciduous trees subject to a plan approved by the Zoning Administrator.
The proposed accessory structure will utilize a concrete, fiber composite green
finished siding to match the house color. The roof will be black finished steel. These materials
comply with Section 11-17-9 of the Zoning Ordinance.
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.
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Impervious Surface Area. The proposed new building will increase the impervious surface area
of the property to 19.1%. The lot area is measured from and above the high-water level edge of
the wetland. The proposed impervious surface including the detached accessory building will
bring the total impervious surface area to 19.1% of the lot above the wetland edge, which
complies with the maximum allowable 25% impervious surface area requirement for single
family lots in the shoreland overlay district.
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:
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 and recreational vehicles and equipment.
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.
The proposed accessory building space has the evident function of creating storage of
personal and maintenance equipment for this property.
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. Similar conditional use permits were approved for two properties in
the neighborhood in 2021 and 2022.
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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.
Planning Department staff recommends approval of the Nikolay Zaytsev conditional use permit
to allow the construction of a second detached accessory building greater than 2,000 square feet
in the RS-1 District located at 16394 Klamath Trail, subject to the following stipulations:
1. The total accessory building area (combined attached and detached) on the property shall
not exceed 3,134 square feet.
2. Not more than two detached accessory buildings are permitted on the property.
3. The accessory building shall be constructed in the location identified on the Certificate of
Survey approved with the conditional use permit.
4. The driveway to the detached accessory building shall be paved with concrete,
bituminous, or paver brick.
5. 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.
6. Additional screening is not required provided the existing trees between the building pad
and the Klamath Trail and Kingswood Drive remain. If the existing trees are removed or
die for any reason, the property owner shall replace the dead trees with conifer and
overstory deciduous trees subject to a plan approved by the Zoning Administrator.
7. 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.
8. Sanitary sewer service shall not be provided to the detached accessory building and the
detached accessory building shall not be used as a dwelling.
9. The detached accessory buildings shall not be used for any commercial use or home
occupation. Commercial storage or storage for third parties is not permitted.
10. All vehicles and vehicle equipment shall be parked on an existing or approved paved
surface on the property.
11. A building permit application shall be submitted to and approved by the Building
Inspections Department prior to commencing construction.
RS-1
EXHIBIT A
EXHIBIT B
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DESCRIPTION OF PROPERTY SURVEYED
That part of Lot 2, Block 1 of Kingswood Estates, lying Northerly of a line
commencing at the Northwest corner of said Lot, thence South 32 degrees 8
minutes 0 seconds East along the Westerly line of said Lot a distance of 177.93
feet to the beginning of the line. Thence, North 70 degrees 59 minutes 58
seconds East, 467.73 feet to a point on the East line of said lot, thence Easterly
54.25 feet South to the Northeast corner of said Lot 2 and there terminating.
Survey Notes
1. Bearings are based on the Dakota County Coordinate System.
2. Client Name: Nikolay Zaytsev
3. Site Address: 16394 Klamath Tr, Lakeville, MN 55044
4. This survey is based on the legal description as provided by the Client
5. This Surveyor has not abstracted the land shown hereon for easements, rights
of way or restrictions of record which may affect the title or use of the land
6. Do not reconstruct property lines from building ties
7. Impervious areas include: House, ancillary structures, proposed structures,
proposed decks, driveway, concrete pads, paths and decks.
7.1. Building impervious category covers main residence only
FOUND IRON MONUMENT
Linetype & Symbol Legend
MINNESOTA LAND SURVEYOR CERTIFICATION
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
Dated this 4th day of June, 2024.
___________________________________________________
Kelly D Ness Minnesota License No. 45847
SET IRON MONUMENT
16974.22
Certificate of
Survey
5775 Wayzata Blvd #700
St Louis Park, MN 55416
info@skysurv.us
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Draft copy - not for submittal
EXHIBIT C
EXHIBIT D
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Applicant Year Size (sf) Zoning Inside MUSA Parcel Size
Zaytsev 2024 (>1,132 sf RS-1 Yes 2.3 acres
Kiewatt 2024 (>390 sf) RS-1 No 5.5 acres
Schuster 2023 (>294 sf) RS-2 Yes 2.88 acres
Walz 2022 (>794 sf) RS-1 Yes 2.31 acres
Scholtz 2021 (>548 sf) 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
EXHIBIT E
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
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
NIKOLAY ZAYTSEV CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On July 18, 2024, the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Nikolay Zaytsev 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 16394 Klamath Trail. 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 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:
That part of Lot 2, Block 1, Kingswood Estates, lying Northerly of a line
commencing at the Northwest corner of said Lot, thence South 32 degrees 8
minutes 0 second East along the Westerly line of said Lot a distance of 177.93 feet
to the point of beginning of the line. Thence North 70 degrees 59 minutes 58
seconds East, 467.73 feet to a point on the East line of said lot, thence Easterly
54.25 feet South to the Northwest corner of said Lot 2 and there terminating.
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:
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 existing and proposed detached accessory
buildings are 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.
Finding: Provided compliance with the conditional use permit, the proposed second
detached accessory building will be compatible with existing and future land uses in
the area.
The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Finding: The proposed 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.
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 proposed second detached accessory
building will have no impact on the City’s service capacity.
Traffic generation by the proposed use is within capabilities of streets serving
the property.
Finding: The proposed second detached accessory building will not overburden the
streets serving the property.
5. The planning report dated July 12, 2024 prepared by Frank Dempsey, AICP, Associate
Planner, 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 Frank
Dempsey, AICP, Associate Planner dated July 12, 2024.
July 18, 2024
BY: _________________________
Jenna Majorowicz, Chair