HomeMy WebLinkAboutItem 05a - D.R. Horton Inc VarianceCity of Lakeville
Community Development
Memorandum
To: Planning Commission
Kris Jenson, Planning Manager
May 15, 2025
Packet Material for the May 22, 2025 Planning Commission Meeting
4824 171st Street Garage Size Variance
D.R. Horton, Inc. – Minnesota, on behalf of Dayitwa Shrestha and Renu Lakhemaru. has
submitted a variance application for an attached garage of less than 540 square feet and a width
of less than 22 feet for the home at 4824 171st Street West. Construction of the home was
completed and conveyed to the current homeowners in March 2025. The zoning of the property
is RST-2, Single and Two-Family Residential District.
The following exhibits are attached for your review:
A. Location map
B. Applicant narrative
C. Survey
D. Floor Plan
Section 11-18-7.D of the Zoning Ordinance includes minimum size standards for single family
home attached garages. The minimum floor area of an attached garage for a dwelling without a
basement is 540 square feet with a minimum width of 22 feet. The minimum floor area for an
attached garage with a basement is 480 square feet. These measurements are based on interior
dimensions.
2
Shortly after the homeowners took possession of their home, they contacted Community
Development staff to inquire about the minimum size for an attached garage in a single family
home. Staff responded via email a day or so later, but in the interim, Staff was contacted by
representatives from DR Horton. They had been contacted by the homeowners regarding the
garage size, and it was determined that the attached garage constructed with the home did not
meet the minimum garage size for area and width.
When the building permit was submitted, it should have included a bump out on the side of the
garage such that the minimum garage area would be at least 540 square feet and the width 22 feet.
Those measurements are the minimum requirements for a home that is a slab on grade (no
basement). This was an error on DR Horton’s part. When the building plans were reviewed by
Building Inspections staff, they also missed that the garage did not include the additional bump
out area to increase the garage area and width. This was an error on the City’s part. The permit
was issued and the home was constructed. The garage as constructed is 481 square feet in area
and 20 feet in width. Upon learning of the error at 4824 171st Street, Inspections staff reviewed all
of the issued permits for single family homes without a basement in the Brookshire development
and confirmed that all of the previous permits issued for similar homes meet the minimum area
and width requirements.
Approval of this variance request would remove the non-conformity status of the garage,
meaning the structure is considered legal and conforming. The variance form would be recorded
with Dakota County so that the legal and conforming status is known and available to any future
buyers of the home.
Section 11-6-5 of the Zoning Ordinance states that the board of adjustment (City Council) shall
not approve any variance request unless they find failure to grant the variance will result in
practical difficulties. “Practical difficulties” means that the property owner proposes to use the
property in a reasonable manner not permitted by the Zoning Ordinance and that economic
considerations alone do not constitute practical difficulties. The following review criteria must
also be met:
Single family homes are consistent with the low-density residential land use designation.
A two car garage is the minimum requirement for a single family home and therefore is in
harmony with the general purposes and intent of this title.
3
C. That the plight of the landowner is due to circumstances unique to the property not
created by the landowner.
The homeowner did not create this situation; it is due to an error on the part of DR
Horton and the City of Lakeville.
D.
Not applicable.
There are other single family homes in the Brookshire development which have two car
garages. That the attached garage at 4824 171st Street does not meet the minimum area
and width is not noticeable from outside the structure and therefore will not alter the
essential character of the neighborhood in which the home is located.
The home and garage are constructed and therefore the granting of the requeted variance
is the minimum action required to eliminate the practical difficulty.
Not applicable; single family homes are a permitted use in the RST-2 District.
Community Development Department staff recommends approval of the variance for minimum
garage area and width at 4824 171st Street, on the basis that the review criteria have been met.
Findings of Fact are attached for consideration.
Dakota County, Maxar, Microsoft
EA
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170TH ST
4824 171ST ST
City of Lakeville
4824 171st St
Variance
Location Map
EXHIBIT A
DRAFT HORSE BLVD
171ST ST
DRAPER WAY
DY
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E
DURHAM DR
173RD ST
EXHIBIT B
EXHIBIT C
These plans, and the concept thereof
or used without written consent.
And may not be reproduced
are the exclusive property of D.R. Horton Inc.,
COPYRIGHT D.R. HORTON, INC. 2022C
3.0
X
X427 HOLCOMBE
PC#1155: 12-29-23-LLPC#1133,1141,1143: 9-14-2023-LL
PERMIT/CONSTRUCT: 7-29-24-RK
LIVING
ROOM
DINING
942 SQ. FT.
NOTES:-9'-1 1/8" PLATE HEIGHT TYPICAL-WDW SIZES GIVEN IN FEET AND INCHES (WIDTH x HEIGHT)-TYP. FIRST FLOOR WINDOW HEAD HEIGHT AT 7'-11 3/8" U.N.O.-BEAM & HEADER SIZES TO BE VERIFIED BY SUPPLIER/MFR
14'-0"x8'-0"CONC PATIO
2ND FLOOR PLAN
1/4"=1'-0"
NOTES:-8'-1 1/8" PLATE HEIGHT TYPICAL-WDW SIZES GIVEN IN FEET AND INCHES (WIDTH x HEIGHT)-TYP. SECOND FLOOR WINDOW HEAD HEIGHT AT 6'-11 3/8" U.N.O.-BEAM & HEADER SIZES TO BE VERIFIED BY SUPPLIER/MFR
1381 SQ. FT.
LIVING AREA
1ST FLOOR PLAN
1/4"=1'-0"
35'-0"
9'-4"
41
'
-
6
"
16
'
-
9
"
7'-2"
41
'
-
6
"
15
'
-
0
"
16x7 OVERHEAD DOOR
20'-0"
10'-6 1/2"
21'-0 1/2"
35'-0"
11
'
-
6
"
5'-0"5'-0"
2x6 BRNG WALL
2x6 BRNG WALL
6'-1"
20'-0"
26
'
-
0
"
2-8
PED.
PWDRHD-FLR
7'
-
3
1
/
2
"
3'
-
6
"
3'
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6
"
W/ WOOD CAP42" HIGH ANGLED WALL
UP 16 R
14'-0"
2W 3050 SH3050 SH
6'-6"
6'-6"
4'-10 1/4"
3'-6"
BEDRM #1
LAU.
HD-FLR
DRYERWASHER
W.S.
LOFT
14'-8"6'-4 1/2"
BEDRM #3
21'-0 1/2"
W.I.C.
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26
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6
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5'
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FLEX
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11
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20 AMP.MICRO HOODCIRCUIT
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41
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11
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41
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30
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35'-0"
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6'-1 1/2"
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6'
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AHU
METERRISER
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TOWEL RING
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72"
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TOWEL BAR
12'-0"
6'
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5'-0"5'-0"4'-6 1/2"
9'-5"
4'-2"
CONC PORCH73 SQ. FT.16" WIDE DROPPED SOFFIT(SEE SECTION)DROPPED BEAM
3'
-
1
0
"
8"
3'-6"
3'
-
6
"
1'-11 1/2"
8"8"
TYPICAL PORCH COLUMN:6x6 TREATED POST WITHIN10" SQUARE BOXED COLUMN
2'-0"
1'-6"
2040 SH
F.D.
22x30ATTICACCESS
WATER
NOTE:FRAMER TO ROCK , POLY & INSULATEMECH ROOM EXTERIOR WALLS PRIORTO MECH EQUIPMENT BEING INSTALLED
3050 SH
TEMP3050 SH
3050 SH
3-0 DR
2W 3050 SH
14
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2-4
2-4
2-4
2-6 2-8
2-8
2-6
2-62-6
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4'-5"
10'-6"
1'
-
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TEMP
W.I.C.
CPT.
W.I.C.
CPT.
6'-2 1/2" CLEAR FRAMING
3'
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"
1'
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1'
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7'-0"7'-8"
2W 3050 SH2W 3050 SH
HD-FLR
HD-FLR
HD-FLR
CPT.
FOYERHD-FLR
5'-4 1/2"8 1/2"
3'-6 3/4"
SEWERCLEANOUT
CPT.CPT.
CPT.
CPT.
CPT.
2x
6
2x6
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2-6
2-6
WINDOW & DOOR SCHEDULE - MAIN LEVEL
CALL-OUT U-FACTOR ROUGH OPENINGLOCATIONSHGC#
3-0 DR 0.31FOYER 0.231
1 DINING ROOM6068 SGD
3050 SH KITCHEN1
0.31 72 1/8" X 80"0.32
0.31 0.31 36 1/4" X 60 1/4"
WINDOW & DOOR SCHEDULE- UPPER LEVEL
CALL-OUT U-FACTOR ROUGH OPENINGLOCATIONSHGC#
3050 SH 1 CLOSET 0.31 36 1/4" X 60 1/4"0.31
2W 3050 SH 1 BEDROOM #1 0.31 0.31 72 1/8" X 60 1/4"
2 BEDROOM #3 0.31 0.313050 SH 36 1/4" X 60 1/4"
38 1/4" X 83 1/4
2W 3050 SH 1 FLEX RM 0.31 0.31 72 1/8" X 60 1/4"
1 BATH #12040 SH 0.31 24" X 48"0.31
3050 SH 1 STAIRS 0.31 36 1/4" X 60 1/4"0.31
3050 SH 1 BEDROOM #2 0.31 36 1/4" X 60 1/4"0.312W 3050 SH 1 LIVING ROOM 0.31 0.31 72 1/8" X 60 1/4"
1 BEDROOM #4 0.31 0.313050 SH 36 1/4" X 60 1/4"
1 BEDROOM #4 0.31 0.312020 FX 24" X 24"
4'
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6
"
3'
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1
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"
8"
9'-0"4'-8"
ELEC FIREPLACE
3/16"=1'-0"
5'-6"
1'
-
4
"
18-1/4"x44-1/2"
S/R
1'
-
6
1
/
4
"
RGH OPGALLUSION 48 ELEC FP
1'
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4
"
1'
-
6
1
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4
"
10
"
2X
6
W
A
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2-2X10
1/2" PLYWD
2X6 FRAMING
INSULATION & 1 LAYEROF ROCK BY FRAMERS
MANTLE
4'
-
2
"
1/2" ROCK OVER
ROCK RETURNSOF FIREPLACE OPG.
+-
3'-8 1/2"
10 3/4"10 3/4"
GARAGE
4" CONC FLOOR
505 SQ. FT. (OUTSIDE)
TYPICAL 2x6 GARAGE WALLS
481 SQ. FT. (INSIDE)
DRP BEAM
SILLCOCK
10'-6"
WSFUT
2x6
46
'
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0
"
OUTLET INSTALLED20AMP DEDICATED
ON SIDE WALL OFFIREPLACE OPGDO NOT
14
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2" STEP INWALL HEIGHTS
2" STEP INWALL HEIGHTS
NOTE: INSULATORS TOSPRAY FOAM MECHANICALROOM CEILING AT SAMETIME AS RIM BOARD
ADDITIONAL NOTESINTERIOR SWING DOORS: RGH OPG HGT IS 83", THE WIDTH IS THE SIZE OF THE DOOR PLUS 2"INTERIOR BI-FOLD DOORS: RGH OPG HGT IS 82", THE WIDTH IS THE SIZE OF THE DOOR PLUS 1-1/2"
DO NOT POLY
TECH TUBEOUTLET &
SET R.O.HEIGHT AT7'-11 3/8"ABOVELANDING
ANGLEDWALL
ON ALL WALLS & CEILINGGYP. BOARDNOTE:
PANIC PAN
16X36 MECHANICAL SOFFIT
4-0
2'
-
2
1
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4
"
6'-4 1/4"
2'
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6
"
12
'
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7
3
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4
"
3'
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2
"
1'
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1
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1
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14'-6"
MUD RMHD-FLR
STOP SHELVINGHERE
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5'
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4'
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3
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IRRIGATION
SYSTEM
PLAN OPTIONS
LIVING ROOM HD-FLR
ELECTRIC FIREPLACE
IRRIGATION SYSTEM
-
PERMIT/CONSTRUCT PLANS
4824 171ST STREET WEST
LOT 12 BLOCK 6 - BROOKSHIRE
-Min. 15" clearance to any
obstruction from center of
W.C., 24" in front(typ).
3.9
(2)7-1/4 LSL
(2)7-1/4 LSL (2)7-1/4 LSL
3-1/2 x 9-1/2 LSL 3-1/2 x 9-1/2 LSL
3-1/2 x 7-1/4 LSL
3-1/2 x 7-1/4 LSL
3-1/2 x 7-1/4 LSL
3-1/2 x
7-1/4 LSL
(3) 18" LVL
Shearwall PFHPFH
EXHIBIT D
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
4824 171ST ST VARIANCE
FINDINGS OF FACT AND RECOMMENDATION
The Lakeville Planning Commission met at its regularly scheduled meeting on May 22, 2025 to
consider the application of D.R. Horton, Inc, - Minnesota, on behalf of Dayitwa Shrestha and Renu
Lakhemaru, for a variance to allow an attached garage of less than 540 square feet and a width of
less than 22 feet for the home at 4824 171st Street. The Planning Commission conducted a public
hearing on the variance application 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 subject property is located in Comprehensive Planning District 3, which guides the
property for low density residential use.
2. The subject site is zoned RST-2, Single and Two-Family Residential District.
3. Legal description of the property is:
Lot 12, Block 6, Brookshire
4. Chapter 6 of the City of Lakeville Zoning Ordinance provides that a variance shall not be
approved unless failure to grant the variance will result in practical difficulties. The criteria and
our findings regarding them are:
Finding: Single family homes are consistent with the low-density residential land use
designation.
Finding: A two car garage is the minimum requirement for a single family home and
therefore is in harmony with the general purposes and intent of this title.
2
Finding: The homeowner did not create this situation; it is due to an error on the part of DR
Horton and the City of Lakeville.
Finding: Not applicable.
Finding: There are other single family homes in the Brookshire development which have
two car garages. That the attached garage at 4824 171st Street does not meet the minimum
area and width is not noticeable from outside the structure and therefore will not alter the
essential character of the neighborhood in which the home is located.
Finding: The home and garage are constructed and therefore the granting of the requeted
variance is the minimum action required to eliminate the practical difficulty.
Finding: Not applicable; single family homes are a permitted use in the RST-2 District.
5. The report dated May 15, 2025 prepared by Kris Jenson, Planning Manager is incorporated
herein.
The Planning Commission recommends that the City Council approve the variance based
upon the foregoing information, findings, and the considerations and stipulations outlined in
the Planning Report dated May 15, 2025, prepared by Kris Jenson, Planning Manager.
LAKEVILLE PLANNING COMMISSION
BY: __________________________
Christine Zimmer, Chair