HomeMy WebLinkAboutItem 06.jOctober 13, 2010 Item No.
OCTOBER 18, 2010 CITY COUNCIL MEETING
HELLEVIK CONDITIONAL USE PERMIT
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve the
Steven Hellevik conditional use permit and adopt the findings of fact dated October 18, 2010.
Adoption of this motion will allow the construction of a new 616 square foot detached garage and
allow a total of five detached accessory buildings on the property located at 12430 — 210 Street.
Overview
Steven Hellevik has submitted an application for a conditional use permit to allow the
construction of a new detached garage and to allow him to keep a total of five detached
accessory buildings on the hobby farm property. The property is zoned RA, Rural Agricultural
District and is 10 acres in area.
The Planning Commission held a public hearing and unanimously recommended approval of the
conditional use permit at their October 7, 2010 meeting subject to 10 stipulations. There was
no public comment.
Stipulation No. 10 has been addressed as the driveway has been paved.
Primary Issues to Consider
Do the existing and proposed detached accessory buildings meet all Zoning Ordinance
requirements? The existing and proposed detached accessory buildings meet all setback,
height and square footage requirements for the R4, Rural Agricultural District given compliance
with the stipulations of the conditional use permit.
Supporting Information
• Conditional use permit form
• Findings of fact
• October 7, 2010 Planning Commission draft meeting minutes
• September 26, 2010 email supporting the conditional use permit request.
• October 1, 2010 planning report
4a/di f 1
Frank Dempsey, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance.
Notes:
(Reserved for Dakota County Recording Information
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 10-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants a conditional use permit to:
Steven Hellevik to construct a new detached garage and to allow a total of five
detached accessory buildings on property located at 12430 — 210 Street (PID# 22-
03500- 012 -27).
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
The East Half of the West Half of the Northwest Quarter of the Northwest
Quarter of Section 35, Township 114, Range 21, Dakota County, Minnesota.
3. Conditions. This conditional use permit is issued subject to the following
conditions:
a) The proposed detached accessory building shall be constructed in the location
identified on the certificate of survey dated September 3, 2010 prepared by
Jacobson Engineers and Surveyors.
b) The detached accessory building shall be constructed with steel siding and
asphalt shingles and to the size and height identified on the plans submitted with
the Conditional Use Permit application.
1
c) 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.
d) A building permit must be approved by the City prior to construction of the new
detached accessory building (garage).
e) Any additional accessory buildings on the property other than those approved
with this conditional use permit will require a conditional use permit amendment
and building permit from the City.
f) Electric service to the detached accessory building shall be placed underground.
g) No sewer or water service shall be provided to the detached accessory building.
h) No home occupation or dwelling shall be permitted within any accessory building
on the property. The accessory buildings shall not be used for the operation of
any commercial business or storage of commercial equipment.
i) The two existing fabric hay shelters shall be removed by June 1, 2011.
4. Termination of Permit. The City may revoke the permit following a public hearing
for violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the allowed use has not
been completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
2
DATED: October 18, 2010
CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
BY:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
(
The foregoing instrument was acknowledged before me this 18 day of October
2010, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
3
Notary Public
(SEAL)
3. The legal description of the property is:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HELEVIK CONDITIONAL USE PERMIT
FINDINGS OF FACT
On October 7, 2010 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider a conditional use permit to allow more than one
detached accessory building in the RA, Rural /Agricultural District on property
located at 12430 — 210 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. The City Council hereby adoptions
the following:
1. The property is currently zoned RA, Rural /Agricultural District.
2. The property is located in Planning District No. 10 of the 2008 Comprehensive
Plan, which guides the property for permanent rural, residential agricultural and
hobby farm land uses.
The East Half of the West Half of the Northwest Quarter of the Northwest
Quarter of Section 35, Township 114, Range 21, 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 and 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 detached accessory buildings on the 10 acre rural residential property are
consistent with the RA District zoning of the properly.
b. The proposed use is or will be compatible with present and future land uses
of the area.
1
Provided compliance with the conditional use permit, the proposed detached
accessory buildings will be compatible with exist/ng 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 stipulations of the conditional use permit, the
detached accessory buildings 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
buildings 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 buildings not overburden the streets serving the
property.
5. The planning report, dated October 1, 2010, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: October 18, 2010
2
CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
BY:
Charlene Friedges, City Clerk
DRAFT
Page 5, Arnold Zach, President of Village Creek development townhorne HOA,
20559 Hampshire Way
The September 23, 2010 Planning Commission meeting minutes were approved as
amended.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated the following items were distributed at tonight's meeting:
1. E -mail from a neighbor of Mr. Hellevik's (agenda Item 5) frog no
objection to- his - proposal:
ITEM 5. STEVEN HELLEVIK
Vice Chair Lillehei opened the public hearing to consider the request of Steven
Hellevik for a Conditional Use Permit to allow more than one detached accessory
building on a single family residential lot in the RA, Rural Agricultural District,
located at 12430 - 210th Street. The Recording Secretary attested that the legal notice
had been duly published in accordance with State Statutes and City Code.
Steven Hellevik presented an overview of his request. Mr. Hellevik indicated that
the property was in disrepair when he bought it last year. He is requesting the
proposed garage for the storage of his outdoor equipment.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
asked that the applicant clarify how much of his driveway he will be paving. Mr.
Dempsey stated that Planning Department staff recommends approval of the
Hellevik Conditional Use Permit to allow an additional detached accessory
building subject to the 10 stipulations listed in the October 1, 2010 planning report.
Vice Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
10.44 Motion was made and seconded to close the public hearing at 6:13 p.m.
Ayes: Glad, Maguire, Lillehei, Adler, Drotning.
Nays: 0
Planning Commission Meeting
October 7, 2010
Page 2
Vice Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
DRAFT
Ayes: Maguire, Lillehei, Adler, Drotning, Glad.
Nays: 0
Planning Commission Meeting
October 7, 2010
Page 3
• Mr. Hellevik stated that the paving of his entire driveway has been
completed.
• Discussed which accessory buildings were on the property when the
property was for sale, and which accessory buildings have since been taken
down by Mr. Hellevik.
10.45 Motion was made and seconded to recommend to City Council approval of the
Steven Hellevik Conditional Use Permit to allow more than one detached accessory
building on a single family residential lot in the RA, Rural Agricultural District,
located at 12430 - 210th Street, subject to the following stipulations:
1. The proposed detached accessory building shall be constructed in the
location identified on the certificate of survey dated September 3, 2010
prepared by Jacobson Engineers and Surveyors.
2. The detached accessory building shall be constructed with steel siding and
asphalt shingles and to the size and height identified on the plans submitted
with the Conditional Use Permit application.
3. 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.
4. A building permit must be approved by the City prior to construction of the
new detached accessory building (garage).
5. Any additional accessory buildings on the property other than those
approved with this conditional use permit will require a conditional use
permit amendment and building permit from the City.
6. Electric service to the detached accessory building shall be placed
underground.
7. No sewer or water service shall be provided to the detached accessory
building.
8. No home occupation or dwelling shall be permitted within any accessory
building on the property. The accessory buildings shall not be used for the
operation of any commercial business or storage of commercial equipment.
9. The two existing fabric hay shelters shall be removed by June 1, 2011.
10. The existing driveway shall be paved for a minimum distance of 50 feet from
the edge of the 210th Street (CSAH 70) roadway. A $1,500 cash escrow shall
be submitted prior to the issuance of a building permit for the new detached
accessory building to guarantee the installation of the driveway pavement by
June 30, 2011.
Dempsey, Frank
From: Sharon Winsness [sw5712 @hotmail.com]
Sent: Sunday, September 26, 2010 3:29 PM
To: Dempsey, Frank
Cc: Diane Hellevik
Subject: 12430 210th ST W
To whom it may concern,
We received notice re the hearing Oct 7TH in regard to the request by Steven Hellevik to allow more
than one detached accessory building on their property at the above address.
We have no objection to their proposal.
Sharon Winsness and Gary Hulin
12499 210th St W
952 469 8337
10/12/2010
Page 1 of 1
Memorandum
To: Planning Commission
From:
Frank Dempsey, AICP
Associate Planner
City of Lakeville
Planning Department
Date: October 1, 2010
Subject: Packet Material for the October 7, 2010 Planning Commission Meeting
Application Action Deadline: October 30, 2010
Agenda Item: Steve Hellevik Conditional Use Permit
Steve Hellevik has submitted an application for a conditional use permit to allow more
than one detached accessory building on the property which includes the construction
of a 616 square foot detached garage. The property is 10 acres in area and is located
at 12430 — 210 Street on the south side of 210 Street approximately one mile west
of Interstate 35. The property is zoned RA, Rural Agricultural District and is located in
the Permanent Rural area of the staged MUSA Expansion Areas component of the
Comprehensive Plan.
The existing single family home has a two car attached garage. The new detached
accessory building would be a detached two car garage located off of the west side of the
existing driveway. The property is also used as a hobby farm where horses and goats
are kept. There are seven existing detached accessory buildings on the property as
shown on the attached survey.
The following exhibits are attached for your review:
Exhibit A — Location /Zoning Map
Exhibit B — Aerial Photo
Exhibit C — Certificate of Survey and Site Plan
Exhibit D — Garage Building Plans (3 Pages)
Exhibit E — Photos of Existing Accessory Structures and Driveway (6 Pages)
Exhibit F — Applicant Narrative
Exhibit G — List of CUPs approved for accessory buildings — 1981 to present.
Item No.
SITE ANALYSIS
Consistency with the Comprehensive Plan. The property's current rural residential,
agricultural and hobby farm land uses are consistent with the rural density land use
identified on the 2030 Land Use Plan and Planning District 10 recommendations of the
2008 Comprehensive Plan.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North — 210 Street (CSAH 70 and RA District)
East — Single Family Home (RA District)
South — Agricultural Property (RA District)
West — Single Family Home (RA District)
Existing Zoning Ordinance Non - Conformities. There are two existing non-
conforming conditions on the property:
1. Unpaved driveway
2. More than one detached accessory building
The gravel driveway is not paved as required by the Zoning Ordinance for driveways
with access to a paved public street. Staff is recommending that a minimum of 50 feet
of bituminous, concrete or paving brick be installed from the existing road surface of
210 Street (CSAH 70) to reduce impacts from the gravel driveway to the public street.
The applicant has submitted a service agreement from an asphalt construction company
to pave the driveway.
There currently are five detached accessory buildings on the property. Records show
that no conditional use permit, site plan or building permit was issued for the existing
detached accessory buildings.
Single Family Home. The existing home was constructed in 1990. The house is served
by private sanitary sewer and water. The Helleviks purchased the property in 2009.
Existing Private Utility Easement. A 100 foot wide natural gas pipeline easement is
located on the north quadrant of the property as shown on the survey. The existing
and proposed buildings do not encroach into the easement.
Setbacks — The following minimum RA District building setback requirements pertain
to the existing home and accessory structures as well as the proposed new detached
garage:
Front Yard:
Rear Yard:
Side Yards:
30 feet
30 feet
10 feet
2
The new detached garage is proposed to be set back 10 feet from the west property
line.
The existing and proposed buildings meet the RA District building setback requirements.
Allowed Accessory Building Area — The Zoning Ordinance allows a maximum of
8,712 square feet of accessory building space on a 10 acre lot within the RA District. The
existing and proposed new accessory building would include the following buildings:
Existing Attached Garage — 576 square feet
New Detached Garage — 616 square feet
Existing Storage Shed — 240 square feet
Existing Horse Shelter — 405 square feet
Existing Horse Equipment Building — 120 square feet
Existing Goat Shed — 96 square feet
Existing Fabric Horse Feed Shelters — (2) 200 square feet each (400 sf total)
Staff recommends that the two fabric horse feed shelters be removed from the
property.
The remaining existing and proposed accessory building area on the Hellevik property
would total 2,053 square feet.
Appearance — The Zoning Ordinance requires that "the same or similar quality and
scale exterior building materials shall be used in the new garage as in the principal
building." The proposed new garage building will have steel siding with asphalt
shingles. The north elevation will have one double wide overhead door and a service
door. The accessory building materials and colors will be consistent and complimentary
to the existing home on the property.
Building Height — A maximum building height of 20 feet is allowed in the RA District
unless approved by conditional use permit. The new detached accessory building
garage will be 11.5 feet tall as defined by the Zoning Ordinance. All other detached
accessory building on the property are less than 20 feet in height.
CONDITIONAL USE PERMIT ANALYSIS
Chapter 18, Section 5 of the Zoning Ordinance allows accessory building requirements
to be exceeded by conditional use permit subject to the following criteria:
A. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
3
The property owner has indicated a need for an additional garage for the storage
of personal vehicles and equipment. The property owner indicates that the
existing attached two stall garage no longer meets their automotive storage needs.
B. No accessory building or private garage shall be utilized for all or a
portion of a home occupation, for commercial activities or for
commercial storage.
No home occupation or storage of home occupation equipment or vehicles is
permitted in the accessory building.
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 existing and proposed detached accessory buildings are constructed with
wood or finished maintenance free siding compatible with the existing single
family residential character of the subject property and the surrounding area
given compliance with the approved conditional use permit.
The proposed garage and other accessory buildings will be consistent with other
approved conditional use permits. Please see the attached Exhibit G for a list of
accessory building conditional use permits approved from 1981 through present.
D. Detached accessory buildings shall be maintained in a manner that is
compatible with the adjacent residential uses and does not present a
hazard to public health, safety and general welfare.
The proposed detached accessory building (garage) will be in a location
compatible with adjacent properties. The existing detached accessory buildings
are also compatible with adjacent residential uses, with the exception of the two
fabric hay shelters. Staff recommends that the two existing fabric horse feed
shelters shall be removed by June 1, 2011.
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.
4
RECOMMENDATION
Planning Department staff recommends approval of the Hellevik Conditional Use Permit
to allow an additional detached accessory building subject to the following stipulations:
1. The proposed detached accessory building shall be constructed in the location
identified on the certificate of survey dated September 3, 2010 prepared by
Jacobson Engineers and Surveyors.
2. The detached accessory building shall be constructed with steel siding and
asphalt shingles and to the size and height identified on the plans submitted with
the Conditional Use Permit application.
3. 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.
4. A building permit must be approved by the City prior to construction of the new
detached accessory building (garage).
5. Any additional accessory buildings on the property other than those approved
with this conditional use permit will require a conditional use permit amendment
and building permit from the City.
6. Electric service to the detached accessory building shall be placed underground.
7. No sewer or water service shall be provided to the detached accessory building.
8. No home occupation or dwelling shall be permitted within any accessory building
on the property. The accessory buildings shall not be used for the operation of
any commercial business or storage of commercial equipment.
9. The two existing fabric hay shelters shall be removed by June 1, 2011.
10. The existing driveway shall be paved for a minimum distance of 50 feet from the
edge of the 210 Street (CSAH 70) roadway. A $1,500 cash escrow shall be
submitted prior to the issuance of a building permit for the new detached
accessory building to guarantee the installation of the driveway pavement by
June 30, 2011.
5
RA
12430 - 210th Street
j
RS -2
RM -1
RST -2
RM -1
EXHIBIT A
EXHIBIT B
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RESIDENCE FOR:
DON WELLEVIK
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EXHIBIT D
PLANCO
MINNESOTA, INC
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EXHIBIT E
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EXHIBIT F
Applicant
Hellevik
Miler
Goss
Piekauski
Meyer
Rimnac
Spangler
Weinel
Hanson
Drogmuller
Steinman
Zeien
Emond
Riehm
Graham
Jensen
Laun
Hendrickson
Pietsch
Smith
Edmonson
Krebs
Forland
Stuke
Miller
Menke
Teal
Curren
Cronen
Koble
Goetze
Fenner
Oster
Clifford
Moe
Olson
Storlie
Moss
Tangen
Grossman
Johnson
Radunz
LaFavor
Harris
Campbell
Kalmes
Zak
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Year
2010
2008
2008
2006
2006
2005
2005
2004
2002
2002
2002
2001
2001
2000
2000
2000
2000
2000
1999
1999
1998
1998
1998
1998
1996
1996
1996
1995
1995
1994
1993
1993
1992
1990
1990
1989
1989
1985
1984
1983
1983
1983
1983
1982
1982
1982
1981
&e(In Zon
2,053 sf (Five) RA
Ex 15 ft (two)RS -1
4,032 (two)
1,344
1,572
2,096
869
1,480
576
2,184
624
1,102
864
1,310
1,078
1,470
952
4,452
2,400
896
864
2,400
1,462
2,520
2,240
1,620
2,160
960
2,396
2,400
1,232
936
2,400
288
1,600
1,728
1,196
2,000
1,800
672
3,402
5,000
1,600
900
400
720
1,632
RA
RS -3
RS -3
RS -2
RS -2
RS -3
RS -3
RM -1
RM -1
RS -3
RS -C B D
RM -1
RS -C B D
RS -3
RS -C B D
R -2
R -1
R -3
R -2
R -1
R -1
R -1
R -2
R -2
R -2
R -2
R -1
R -2
R -2
R -2
R -2
R -1
R -2
R -2
R -1
R -1
R -2
RA
R -1
R -2
R -2
R -2
R -2
R -2
I -1
Inside MUSA
No
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
Parcel Size
10 acres
1.42 acres
30 acres
1.60 acres
.66 acres
7.3 acres
2.3 acres
.69 acres
1.5 acres
10 acres
1.4 acres
1.5 acres
.25 acres
1.96 acres
.57 acres
.52 acres
.50 acres
15 acres
22 acres
.35 acres
3 acres
9.1 acres
5 acres
20 acres
3.7 acres
15 acres
10 acres
3 acres
10 acres
10 acres
4.3 acres
9.5 acres
10 acres
20 acres
2 acres
9.4 acres
3 acres
EXHIBIT G