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HomeMy WebLinkAboutItem 05 - Nicholas Borman CUPCity of Lakeville Community Development Department Memorandum To: Planning Commission Kris Jenson, Planning Manager October 10, 2024 Packet Material for the October 17, 2024 Planning Commission Meeting Nicholas Bormann Conditional Use Permit Nicholas Bormann of 7059 200th Street has applied for a conditional use permit to allow the construction of a second detached accessory structure and to exceed 1,100 square feet of accessory storage space in the RST-2, Single- and Two-Family Residential District. The conditional use permit is required since the proposed accessory structure exceeds the 1,100 square feet combined allowable floor area for accessory buildings in the RST-2 District and for more than one detached accessory building. The proposed accessory building would total 2,400 square feet in area. The existing attached garage is 1,018 square feet, and the existing detached accessory building is 308 square feet in area which would result in a total of 3,726 square feet. The following exhibits are attached for your review: A. Location Map B. Zoning Map C. Site Plan D. Building Elevation Plans E. List of Accessory Building Conditional Use Permits Approved 1981-2024 The subject property is a single-family lot that totals 130,686 square feet (3.2 acres) in area, not including 8,625 square feet of area used by 200th Street, which is more than 2 15 times the minimum lot size of 8,400 square feet for a single-family home in the RST-2 District. The existing house is 2,280 square feet in area and was constructed in 1997 by a previous owner. An accessory building was constructed on the northeast side of the property can be seen in aerial photos from 2000 and records show that a building permit was not issued for this building. However, the construction occurred prior to the Bormann’s purchase of the property in 2001. The existing garage is 1,018 square feet, and the existing detached accessory building is 308 square feet. The property was re-zoned to RST-2 as part of the 2040 Comprehensive Planning process. Prior to that the property was zoned RA, Rural/Agricultural District. The subject property is zoned RST-2, Single- and Two-Family Residential District. Adjacent land uses and zoning are as follows: North – Agricultural Land (RST-2), proposed single family homes (Cedar Hills North) East – Agricultural Land (RST-2), proposed single family homes (Cedar Hills North) South – 200th Street (CR 64), Detached townhomes (RM-1) West – Agricultural Land (RST-2), proposed single family homes (Cedar Hills North) The minimum setbacks for the detached accessory building in the RST-2 District are 10 feet to the side and rear property lines and 30 feet to the front property line. The proposed detached accessory building complies with required setbacks. The proposed accessory structure setbacks are as follows: Front (South): 400+ feet Side (West): 70+ feet Side (East): 100+ feet Rear (North): 15 feet The applicant indicated that the purpose of the structure is to store personal items including a large icehouse/RV, skid steer and attachments used to maintain the property (primarily yard maintenance and snow removal), a four-wheeler plus trailer, four snowmobiles and two trailers, large mower, etc. These items have been stored outside given that there are no neighbors in the vicinity. With the residential development proposed around their home, the applicant indicated that the proposed structure is intended to house these and other similar items. 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. 3 Screening. The property and proposed accessory building are extensively screened by existing trees along the west property line. The accessory building will be located on the north end of the property, which along with existing trees along 200th Street will minimize the views from 200th Street. The applicant is proposing to plant a row of evergreen trees along the north property line, to provide screening to the future development in that area. To the east, the development proposes an outlot along the Bormann’s east property line, approximately 55 feet in width, which will provide additional setback from the planned public street along east of the Bormann’s lot to the storage shed. In addition, the approximate grade elevation of where the structure would be constructed is 984 feet, while the proposed street to the east would have an elevation of 992 feet, approximately eight feet above the structure floor. The proposed accessory structure will utilize a metal siding with a four-foot-tall black wainscot and dark gray siding above to match the house color. The roof will be black metal. These materials comply with Section 11-17-9 of the Zoning Ordinance. A maximum building height of 15 feet is allowed for detached accessory buildings in the RST-2 District. The proposed structure has sidewalls of 12 feet and a peak height of 18 feet. When a structure has a peaked roof, the building height is determined by the midpoint of the peak to the eaves, which in this case is 15 feet, which complies the with Zoning Ordinance requirement. 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 RST-2 District are allowed combined accessory buildings totaling 1,100 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 previously stored some commercial trailers and equipment at the rear of the property. With the application for the CUP, the applicant was made aware that the commercial equipment is not permitted to be stored on site, and he has since moved the commercial equipment off site. No home occupation or storage of commercial vehicles or equipment is allowed in any accessory building on the property. 4 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 property. The proposed accessory building will be constructed with similar colors as the existing single-family home on the property. 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 Nicholas Bormann conditional use permit to allow the construction of a second detached accessory building greater than 1,100 square feet in the RST-2 District located at 7059 200th Street, subject to the following stipulations: 1. The total accessory building area (combined attached and detached) on the property shall not exceed 3,726 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 site plan approved with the conditional use permit, with the accessory building being no closer than 15 feet to the north property line. 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 along the west property line provided the existing trees in that area 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. 5 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. Findings of Fact are attached for consideration. Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community City of Lakeville Site Location Map N. Bormann CUP EXHIBIT A City of Farmington Bormann property 200TH ST 205TH ST GABARDINE LNGALLIFREY WAY & City of Lakeville Zoning Map Bormann CUP EXHIBIT B Cit y o f F a r m i n g t o n CED A R A V E ( C S A H 2 3 ) Bormann Property 200TH ST (CR 64) 202ND ST GALLIFREY WAY & RST-2 RST-2 RST-2 RM-3RM-3 RM-1 M-2M-2 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 NICHOLAS BORMANN CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On October 17, 2024, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Nicholas Bormann for a conditional use permit to allow accessory building area greater than 1,100 square feet in the RST-2, Single and Two- Family Residential District on property located at 5079 200th Street West. 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. 5 of the 2040 Comprehensive Land Use Plan, which guides the property for low/medium density residential use. 2. The property is zoned RST-2, Single and Two-Family Family Residential District 3. The legal description of the property is: The West 261.37 feet of the East 522.74 feet of the South 533.00 feet of the SW ¼ of Section 22, Township, 114, Range 20, Dakota County, Minnesota. 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 5 recommendations of the Comprehensive Plan. 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 but is not 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 or add traffic to the streets serving the property. 5. The planning report dated October 10, 2024 prepared by Kris Jenson, Planning Manager, 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 Kris Jenson, Planning Manager, dated October 10, 2024. October 17, 2024 BY: _________________________ Jenna Majorowicz, Chair