HomeMy WebLinkAboutItem 05a - CUP 9446 210th StCity of Lakeville
Community Development
Memorandum
To: Planning Commission
Heather Botten, Senior Planner
June 11, 2026
Packet Material for the June 25, 2026 Planning Commission Meeting
9446 210th Street - Conditional Use Permit
August 1, 2026
INTRODUCTION
Michael M. Moe of 9446 210th Street has applied for a conditional use permit (CUP) to allow the
gross square feet of accessory building space to exceed the 1,500 gross square feet allowed in the
RS-2, Single Family Residential District. The property is 2.18 acres and includes a single-family
home with an attached two-car garage and a detached accessory building (32 foot by 50 foot
building with an eight foot by 50 foot lean-to attached to the south side of the building). In 1989,
CUP #89-17 was approved to allow the detached accessory building on the property.
The applicant is proposing to convert the existing attached two car garage into living space and
add a 34 x 28-square foot three-car attached garage. The combined accessory building area is
currently 2,462 square feet, and if the CUP is approved, the combined accessory building area
would increase to 2,952 square feet. City Code Section 11-18-9.D. allows accessory building
square footage to exceed the maximum allowed by conditional use permit.
The following exhibits are attached for your review:
A. Location Map
B. Zoning Map
C. Site Plan
D. Building Elevation
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SITE ANALYSIS
Consistency with the Comprehensive Plan. The property’s single family land use is consistent
with the low-density residential land use identified on the 2040 Land Use Plan and Planning
District 4 recommendations of the 2040 Comprehensive Plan.
A single-family home was constructed on the property in 1955, with the
detached accessory building built in 1990. The site plan included with CUP #89-17 indicates that
the proposed accessory building would be located about 36 feet from the rear property line but
when constructed it was placed further south, near the rear property line. There’s no information
in the file to indicate why the change was made or what the minimum setback was at that time,
though the applicant speculates that the building may have shifted south to avoid impacting the
septic system. Because there is no change proposed to the accessory structure, it doesn’t impact
the ability for a new garage to be added to the home.
The subject property is zoned RS-2, Single Family Residential District. The
property is located within a developed neighborhood, with RS-3, Single-Family Residential
zoning to the west and to the north, across 210th Street, and RS-2, Single-Family Residential
zoning to the south and east.
The following minimum RS-2 District building setback requirements pertain to the
existing home as well as the proposed garage addition:
Front Yard: 30 feet
Rear Yard: 30 feet
Side Yards: 15 feet
The existing home and proposed garage addition meet the RS-2 District setback requirements.
As noted previously, a CUP was approved in late 1989 for the accessory
structure. The stipulations of the CUP, including that no commercial or home occupation
activities are conducted on the property and the storage building shall not be used for storage of
commercial vehicles or for rental purposes, are still in effect.
The current driveway will provide access to the garage addition, complying
with code requirements. Any expansion of the driveway to accommodate the new garage must be
a hard surface such as asphalt, concrete, cobblestones, or pavers.
The garage addition is proposed to have LP horizontal siding on the front
and vinyl horizontal siding on the side and rear, consistent with other homes in the
neighborhood. The proposed colors shall be consistent and complimentary to the existing home
on the property.
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CONDITIONAL USE P ERMIT ANALYSIS
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:
Adding a three-car garage to a single-family home is consistent with other homes in the
neighborhood. The existing garage will be converted to living space in conjunction with the
construction of the new garage. Properties in the RS-2 District are allowed combined
accessory buildings totaling 1,500 square feet unless a conditional use permit is approved to
exceed that amount.
The applicant has stated the garage addition is for personal use. No home occupation or
storage of commercial vehicles or equipment is allowed in any accessory building on the
property.
An attached, three-car garage is a typical part of a single-family home in the urban service
area.
N/A; the proposed accessory building will be attached to the existing single-family home.
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 conditional use permit
to allow accessory structures greater than 1,500 square feet in the RS-2 District located at 9446
210th Street, subject to the following stipulations:
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1. The garage addition shall be constructed in the location identified on the site plan
approved with this conditional use permit.
2. The 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.
3. No commercial activity, storage of commercial equipment or use as a dwelling shall take
place within any accessory building on the property. Commercial storage or storage for
third parties is not permitted.
4. 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.
Dakota County, Microsoft, Vantor
City of Lakeville
Location Map
9446 210th St
Attached Garage
CUP
Subject
Property
±
210TH ST
212TH ST
211TH
S
T
INDEPENDENCE AVE
EXHIBIT A
City of Lakeville
Zoning Map
9446 210th St
Attached Garage
CUP
Subject
Property
±
210TH ST
212TH ST
211TH
S
T
INDEPENDENCE AVE
EXHIBIT B
EXHIBIT C
EXHIBIT D
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MOE CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On June 25, 2026 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 1,500 square feet in the RS-2, Single Family Residential District on property located at
9446 210th 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.
1. The property is currently zoned RS-2, Single Family Residential District.
2. The property is located in Planning District No. 4 of the 2040 Comprehensive Plan, which
guides the property for single family residential use and is located in the Low Density
Residential District of the Comprehensive Plan.
3. The legal description of the property is:
The North 380 feet of the West 250 feet of the Northwest 1/4 of the Northwest
1/4, Section 32, Township 114, Range 20 in the City of Lakeville, 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:
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 attached three-car garage on the 2.18 acre
property are consistent with the RS-2 District zoning of the property and District 4
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 attached three-car garage
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 attached three-car garage
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 is within the current MUSA but is not served by existing
public services.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
The attached three-car garage will not overburden the streets serving the property.
5. The planning report, dated June 11, 2026, prepared by Senior Planner Heather Botten 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 Senior Planner Heather Botten dated June 11, 2026.
June 25, 2026
BY: _________________________
Christine Zimmer, Chair