HomeMy WebLinkAboutItem 06.fApril 28, 2011 Item No.
MAY 2, 2011 CITY COUNCIL MEETING
DARRIN AND SHERRIE KING CONDITIONAL USE PERMIT
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve the
Darrin and Sherri King conditional use permit and adopt the findings of fact.
Adoption of this motion will allow the reconstruction of a non - conforming single family home in
the Shoreland Overlay District of Lake Kingsley located at 16515 Kingswood Drive.
Overview
Darrin and Sherri King plan to remove a non - conforming single family home that does not meet
current setback requirements to Lake Kingsley and rebuild a larger single family home in its
place. The planning report submitted to the Planning Commission made reference to the house
being raised from the foundation and moved nine feet to the north. The project architect has
indicated that the house will in fact be removed and reconstructed nine feet north of it's present
location. State statute allows a non - conforming building to be removed and rebuilt provided
that the non - conformity is not increased. No part of the new construction will be an increase to
the current non - conforming condition.
The Planning Commission held a public hearing on April 7, 2011 to consider the conditional use
permit request. The Planning Commission recommended unanimous approval of the conditional
use permit subject to the stipulations listed in the April 1, 2011 planning report. There was no
public comment at the public hearing.
Primary Issues to Consider
How will the new house construction address the existing zoning non - conformities? Approval
of the Conditional Use Permit will result in the elimination or reduction of the five existing
non - conformities.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• The April 7, 2011 Planning Commission meeting minutes
• April 1, 2011 planning report (revised April 13, 2011)
• March 31, 2011 engineering report (revised April 27, 2011)
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N N/A Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT AMENDMENT NO. 11-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves a Conditional Use Permit for Darrin and Sheerie King to allow
an expansion of an existing non - conforming single family home in the RS -2,
Single Family Residential District and Shoreland Overlay District on Lake Kingsley
located at 16515 Kingswood Drive.
2. Property. The permit is for the following described property located at 20310
Dodd Boulevard in the City of Lakeville, Dakota County, Minnesota:
Lot 12, Block 2, Kingswood Estates, Dakota County, Minnesota, according
to the recorded plat thereof,
And also,
The east 10.00 feet of Lot 11, Block 2, in said Kingswood Estates.
3. Conditions. The permit is issued subject to the following conditions:
a) The recommendations listed in the March 31, 2011 (revised April 27, 2011)
engineering report must be met.
b) The house and site improvements shall be constructed as shown on the plans
approved by the City Council.
1
c) A cash escrow based on the project engineer's estimate shall be submitted
prior to the issuance of a building permit to guarantee completion of the
improvements show on the approved plans.
d) The building exterior shall be constructed in accordance with the building
materials identified on the elevation plans.
e) A building permit shall be required prior to commencing any construction on
the property.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this conditional use permit
amendment is a criminal misdemeanor.
The following instrument was acknowledged before me this 2 " day of May,
2011 by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Date:
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
Notary Public
And also,
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KING CONDITIONAL USE PERMIT
FINDINGS OF FACT
On April 7, 2011, the Lakeville Planning Commission met at its regularly
scheduled meeting to consider the application of Darrin and Sherrie King for a
conditional use permit to allow an expansion of an existing non - conforming single
family home located at 16515 Kingswood Drive in the RS -2, Single Family
Residential District and Shoreland Overlay District of Lake Kingsley. 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 adopts the following:
FINDINGS OF FACT
1. The property is zoned RS -2, Single Family Residential District and lies within
the shoreland overlay district of Lake Kingsley.
2. The property is located in Planning District No. 1 of the Comprehensive
Land Use Plan which encourages low density residential development in
sewered areas and on the subject property together with the strict
enforcement of environmental regulations.
3. The legal description of the property is:
Lot 12, Block 2, Kingswood Estates, Dakota County, Minnesota, according
to the recorded plat thereof,
The east 10.00 feet of Lot 11, Block 2, in said Kingswood Estates.
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance requires the
consideration of possible adverse affects of the proposed Conditional Use
Permit. The affects 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.
1
The residential use of the property is consistent with the Comprehensive
Land Use Plan. The proposed construction will not expand the existing non -
conformities
b) The proposed use will be compatible with present and future
land uses of the area.
The proposed construction is compatible with the existing single family
houses in the area provided the property owner comp lies with the
stipulations of the conditional use permit.
c) The proposed use conforms with all performance standards
contained in the Zoning Ordinance.
The proposed construction is consistent with the single family residential
use of the property and the surrounding neighborhood. The proposed
construction will reduce existing non - conforming setbacks and will meet the
performance standards contained in the Zoning Ordinance.
d) The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
The subject property lies within the existing MUSA. The house is served
with existing public services. The proposed construction will not
overburden the City's service capacity.
e) Traffic generation by the proposed use is within capabilities
of streets serving the property.
Traffic generated by the single family home will be consistent with other
single family homes in the neighborhood and can be accommodated on
existing roadways.
5. The planning report, revised April 13, 2011, prepared by Associate Planner
Frank Dempsey is incorporated herein.
DATED: May 2, 2011
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
The April 7, 2011 Planning Commission meeting was called to order by Chair Davis
in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
Commissioner Boerschel
Commissioner Drotning
Commissioner Grenz
Commissioner Maguire
Ex- officio Member Fitzhenry
Absent: Secretary Adler
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The March 3, 2011 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
There were no handouts for tonight's meeting. Mr. Morey welcomed new Planning
Commission member, Bob Boerschel.
ITEM 5. SWEARING IN OF NEW PLANNING COMMISSION MEMBER
Bob Boerschel was sworn in by Recording Secretary (and notary) Penny Brevig as a
new Planning Commission member at tonight's meeting. Chair Davis welcomed
Commissioner Boerschel.
ITEM 6. DARRIN AND SHERRIE KING
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
APRIL 7, 2011
Chair Davis opened the public hearing to consider the application of Darrin and
Sherrie King for a Conditional Use Permit to allow an expansion of a single family
home with a non - conforming setback within the Shoreland Overlay District of Lake
Kingsley, located at 16515 Kingswood Drive. The Recording Secretary attested that
the legal notice had been duly published in accordance with State Statutes and City
Code.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
Planning Commission Meeting
April 7, 2011
Page 2
Sherrie King presented an overview of their request. Ms. King clarified that they
do not yet own the home on Kingswood Drive.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
indicated that the house will be moved approximately nine feet to the north from
where it presently sits so that the proposed addition will meet the 150 foot setback
requirement to the Lake Kingsley OHWL. He listed the existing non - conformities
and which ones would be eliminated or reduced.
Mr. Dempsey stated that should the Planning Commission recommend approval of
the CUP for Darrin and Sherrie King, Planning Department staff recommends the 5
stipulations listed in the April 1, 2011 planning report, and adoption of the Findings
of Fact dated April 7, 2011.
11.16 Motion was made and seconded to close the public hearing at 6:11 p.m.
Ayes: Maguire, Lillehei, Davis, Boerschel, Grenz, Drotning.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Is it okay to submit an application for a conditional use permit without being
the property owner? Mr. Dempsey stated that the signature of the property
owner on the application is necessary, which the City does have on file.
• The Planning Commission feels this is a win -win situation for the City and
the property owners with the proposed improvements to the site and the
elimination or reduction of the existing non - conformities. The Planning
Commission commended the Kings for their efforts.
11.17 Motion was made and seconded to recommend to City Council approval of the
King Conditional Use Permit to allow an expansion of a single family home with a
non - conforming setback within the Shoreland Overlay District of Lake Kingsley,
located at 16515 Kingswood Drive, subject to the following 5 stipulations, and
adoption of the Findings of Fact dated April 7, 2011:
1. The recommendations listed in the March 31, 2011 engineering report must
be met.
Ayes: Lillehei, Davis, Boerschel, Grenz, Drotning, Maguire.
Nays: 0
Planning Commission Meeting
April 7, 2011
Page 3
2. The addition shall be constructed as shown on the plans approved by the
City Council.
3. A cash escrow based on the project engineer's or architect's estimate shall be
submitted prior to the issuance of a building permit to guarantee completion
of the improvements shown on the approved plans.
4. The building exterior shall be constructed in accordance with the building
materials identified on the architectural plans.
5. A building permit shall be required prior to commencing any construction
on the property.
There being no further business, the meeting was adjourned at 6:14 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary 4/21/11
ATTEST:
Bart Davis, Chair 4/21/11
Memorandum
To Planning Commission
From: ip Frank Dempsey, AICP, Associate Planner
Date: April 1, 2011 (Revised April 13, 2011)
Subject: Packet Material for the April 7, 2011 Planning Commission Meeting
Agenda
Item: Darrin and Sherrie King Conditional Use Permit.
Application Action Deadline: May 23, 2011
INTRODUCTION
Darrin and Sherrie King have submitted an application and plans for a conditional use
permit to allow an expansion of an existing non - conforming single family home on
Lake Kingsley located at 16515 Kingswood Drive. The property is zoned RS -2, Single
Family Residential District and is located within the Shoreland Overlay District of Lake
Kingsley. The existing house is non - conforming with respect to the setback from the
Ordinary High Water Level (OHWL of Lake Kingsley). The existing house will be
demolished and a new house will be constructed approximately nine feet to the north.
The demolition and reconstruction of the house will include the elimination or
reduction of a large number of existing non - conformities. The Zoning Ordinance
allows additions and expansions to non - conforming structures in the Shoreland Overlay
District subject to the approval of a conditional use permit provided the addition meets
all setback requirements.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Topographical Survey /Demolition Plan
D. Grading and Erosion Control Plan
E. Tree Preservation Plan
F. Architectural Site Plan
G. Proposed Perspectives and Elevations (2 Pages)
H. Proposed Upper Level and Lower Level Floor Plans (2 Pages)
I. Applicant Narrative
City of Lakeville
Planning Department
PLANNING ANALYSIS
The property was platted in 1973 as Kingswood Estates. The house was constructed in
1974. The Shoreland Ordinance requiring the 150 foot setback from the OHWL of Lake
Kingsley was adopted in 1978. The OHWL for Lake Kingsley at the time was 978.5. The
OHWL was changed to 980.9 feet on February 7, 2011 as required by the Minnesota
Department of Natural Resources. The existing house is set back 64 feet from the OHWL
of 980.9 feet. The Kings propose to demolish the existing 2,683 square foot house and
reconstruct a new house that will include site modifications and the elimination or
reduction of several existing zoning non - conformities. The proposed site improvements
and new construction_will not encroach into the 20 foot wide drainage and utility
easement that runs from north to south through the property between Kingswood Drive
and the lake. This easement was dedicated to the City in 1996 as part of a public
improvement project that included City sanitary sewer, water, storm sewer and street
improvements for the Kingswood Estates neighborhood in 1997.
Section 11- 102 -15B of the Zoning Ordinance requires that all additions or expansions
to the outside dimensions of an existing nonconforming single - family structure in the
shoreland overlay district be allowed by conditional use permit provided the addition
or expansion meets the setback, height, and other requirements of the Zoning
Ordinance. The Zoning Ordinance allows a non - conforming building to be
demolished and reconstructed provided that the new construction does not increase
the non - conformity. The proposed new construction within the 150 foot setback will
result in an overall decrease in the existing non - conformities.
The house construction will include 521 square feet of new living area and a 1,111 square
foot garage on the north side of the new house. Since the existing house does not meet
the 150 foot setback from the Lake Kingsley OHWL, the Kings propose to construct the
new house approximately nine feet to the north as shown on the site and grading plans.
This will reduce the existing non - conforming setback to the OHWL and bluff impact zone.
The property and the existing house and site improvements include the following non -
conformities. A brief description of how these non - conformities will be eliminated or
reduced according to the proposed plans is also included.
1. The house does not meet the 150 foot setback to Ordinary High Water Level
(OHWL) of Lake Kingsley. The OHWL is a sea level elevation of 980.9 feet and is
established by the Minnesota Department of Natural Resources (DNR).
The house is located 62 feet from the OHWL and will be reconstructed to a 71
foot setback thereby reducing the non - conformity.
2
Required
Existing
Proposed
Front Yard (north)
30 ft
Front Yard (north)
113 ft
Front Yard (north) 45 ft
Side Yard (east)
10 ft
Side Yard (east)
78 ft
Side Yard (east) 74 ft
Side Yard (west)
10 ft
Side Yard (west)
22 ft
Side Yard (west) 16.7 ft
Bluff
20 ft
Bluff
3 ft
Bluff 12 ft
OHWL
—150 ft
OHWL
64 ft
Ordinary High Water Level —73 ft
2. The house does not meet the minimum 20 foot setback to the edge of the bluff.
The existing house setback is three feet from the edge of the break in the
bluff. The house will be reconstructed nine feet to the north thereby reducing
the non - conformity.
3. The shed west of the house does not meet the 10 foot minimum setback to
the west property line and is located in the drainage and utility easement.
The shed will be removed from the property. Any new detached accessory
building will require a site plan permit or a building permit depending on the
size.
4. Part of the bituminous pavement is located over the west property line and does
not meet the five foot setback.
The encroaching pavement and the pavement in front of the existing garage will
be removed and replaced with landscaping.
5. The swimming pool is in the shore impact zone.
The swimming pool and pool deck will be removed.
The existing impervious surface area of the property is 17 %. The proposed impervious
surface area including the new driveway pavement and the reduction of some of the
existing pavement will result in an overall impervious surface area of 16.7 %, a reduction
of 0.3 %.
The existing 358 square foot deck on the south side of the house will be removed and
reduced in size with a new 197 square foot deck being constructed with the new house.
The existing swimming pool and pool deck will be removed and replaced with a grade
level masonry terrace and fire pit. The proposed grade level terrace and fire pit are not
considered structures subject to OHWL setback requirements. A summary of the existing
and proposed building setbacks is described below.
Setbacks Requirements.
The new house will be refinished with stone veneer. The exterior materials meet Zoning
Ordinance requirements.
3
Grading, Drainage and Erosion Control. The grading, site drainage and erosion
control measures are shown on the attached grading, drainage and erosion control plan.
Erosion control fencing and other measures will be taken during grading and construction
to prevent soil from leaving the site. Site rehabilitation shall be completed immediately
following completion of construction or when construction activity is completed in any
given area.
The grading, drainage and erosion control plan was reviewed by the Engineering
Department. A copy of the memorandum prepared by Development Design Engineer
Mark DuChene dated April 1, 2011 is attached.
Tree Preservation. The tree preservation plan identifies a total of 18 significant trees
being removed to accommodate the new construction and site grading within the
construction area. Eighteen new trees will be planted as shown on the tree preservation
plan. No trees are proposed to be removed from the bluff or shore impact zones.
Financial Security. The Zoning Ordinance requires that a financial security be
submitted to guarantee completion of the approved site plan. The financial guarantee will
include coverage of the following:
■ Removal of the swimming pool and pool deck
■ Removal of the shed
• Removal of the bituminous driveway encroachment and re- establishment of ground
cover
■ Planting 18 new trees as shown on the tree preservation plan
• Installation of new bituminous, concrete or paver brick driveway
The King's engineer shall provide a cost estimate for the above noted improvements to
determine the cost of the security. The security shall be submitted prior to the issuance
of a building permit. The security will be returned upon completion of the project. This
security is separate from the security recommended in the engineering report.
Department of Natural Resources. The DNR has been notified of the proposed
conditional use permit and has not responded with any concerns.
RECOMMENDATION
Planning Department staff recommends approval of the King conditional use permit
subject to the following stipulations:
1. The recommendations listed in the March 31, 2011 engineering report must be
met.
4
2. The house and site improvements shall be constructed as shown on the plans
approved by the City Council.
3. A cash escrow based on the project engineer's estimate shall be submitted prior
to the issuance of a building permit to guarantee completion of the
improvements show on the approved plans.
4. The building exterior shall be constructed in accordance with the building materials
identified on the elevation plans.
5. A building permit shall be required prior to commencing any construction on the
property.
Findings of fact are attached for your review.
cc: Darrin and Sherrie King
Peter Eskuche, Architect
Grant Jacobson, Surveyor and Engineer
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Peter Eskuche,
Project Architect
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creative group
March 16 2011
Application for Conditional Use Permit
16515 Kingswood Drive
Lakeville, Minnesota 55044
The purpose of this application is to improve the property and reduce the nonconformity of the existing residence
located at 16515 Kingswood Drive Lakeville, MN 55044. With the needs of a growing family and love for the
neighborhood, the applicant, Darrin and Sherrie King purpose to increase the size of the existing home.
Due to the current site conditions and nonconformity of the existing structure, the King's request for additional
space and room to expand is not possible without a conditional use permit according to the City of Lakeville zoning
code. In order to comply with the zoning code this application does not increase the severity of any of the current
encroachments. In fact, it greatly improves them. For instance, the existing structure was setback only 64' from the
ordinary high water level of Lake Kingsley which was adjusted in 201 1 by the DNR to 980.9'. By relocating the
existing structure this proposal increases the setback to 73'. The side setbacks and easement setback on the
northeast side of the property remain compliant. The proposed addition is beyond the 150' setback line from
ordinary high water level of Lake Kingsley. In addition to the relocation of the existing home the new design
proposes the removal of the existing pool which will reduce the encroachment into the 50% shoreland buffer.
The proposed design reconstructs the existing structure much in the same configuration as it exists today and will
update the current building systems to today's standards in building performance and code compliance. By relocating
the home and pouring a new foundation, moisture and thermal protection can be better managed.
The Kings plan to "grow old" in this neighborhood and have invested months of time in the design, engineering, and
improvement of this property. The applicant has worked with the city's planning department diligently and on
multiple occasions in a sincere effort to comply with its ordinances and codes. To the best of our knowledge, this
application complies with all city ordinances and guidelines and dramatically improves the safety, function, and
aesthetic of the property and home.
Thank you for your consideration,
2012 INDIAN ROAD WEST MINNETONKA MN 55305 PHONE 612- 296 -7575 FAX 952 -544 -3844 www.timelessarchitect.com
EXHIBIT I
Memorandum
To: Frank Dempsey, Associate Planner
From: Mark DuChene, Development Design Engineer
Copy: Gene Abbott, Building Official
Date: March 31, 2011 (Revised April 27, 2011)
Subject: Darrin & Sherrie King
• Conditional Use Permit
BACKGROUND
Darrin and Sherrie King have requested a conditional use permit to expand an
existing non - conforming single family home located at 16515 Kingwood Drive. The
property is located within the Shoreland Overlay District of Kingsley Lake. A
conditional use permit is required for the expansion of a non - conforming single -
family dwelling in the Shoreland Overlay District.
SITE REVIEW
The property is described as Lot 12, Block 2, Kingswood Estates and the east 10 -ft
of Lot 11, Block 2, Kingswood Estates. The existing house is centrally located on the
lot outside of the bluff area. There is a 20 -ft wide public drainage and utility
easement across the northeastern portion of the lot that contains a 15 -in storm
sewer drainage pipe and outlet.
The owner is proposing to remove the existing house structure and construct a new
home approximately 9 feet to the north that is 521 sf larger than the existing home
and also construct a new 1,111 sf garage. The owner will remove the existing
swimming pool and associated concrete pool deck area. A non - conforming shed will
also be removed. The existing site has an impervious area of 9,529 sf or 17% of
the total lot area. The proposed site will have an impervious area of 9,407 sf or
16.7% of the total lot area.
DRAINAGE AND GRADING
City of Lakeville
Engineering
The subject parcel is located within subdistrict OL -25 of the Orchard Lake drainage
district as identified in the City's Water Resources Management Plan. There are no
proposed draielage route changes with the CUP. The proposed grading plan
KING CUP
MARCH 31, 2011
PAGE 2 OF 3
identifies multiple retaining walls within the site. Retaining walls may not be
constructed within the public right -of -way or within public drainage and utility
easements. The retaining walls with a combined height greater than four feet shall
be designed by a registered geotechnical or structural engineer and constructed in
accordance with plans and specifications consistent with Mn /DOT requirements. A
separate building permit from the City's Building Inspections Department is required
prior to construction of the walls for all walls over 4 feet in height. The walls shall
be inspected during construction and certified by the design engineer following
construction.
The grading specifications must indicate that all embankments meet FHA /HUD 79G
specifications. The Owner shall certify to the City that all buildings with footings
placed on fill material are appropriately constructed.
STORM SEWER
The grading plan indicates fill will be placed over the existing storm sewer along the
eastern portion of the site. The existing storm sewer manhole casting must be
raised to the proposed finished grade according to City of Lakeville standards. This
work shall be inspected by a representative of the City of Lakeville's engineering
department prior to the issuance of a certificate of occupancy.
TREE PRESERVATION
A tree preservation plan has been submitted and reviewed. The plan identifies a
total of 18 significant trees on the site to be removed. The tree preservation plan
identifies 18 new trees to be planted.
EROSION CONTROL
An erosion control plan has been submitted and the following standards must be
followed:
• A single rock construction entrance shall be constructed.
• Silt fence to protect offsite areas from sediment transport must be installed
prior to any work commencing.
• All 3:1 slopes must be seeded and stabilized with fiber blanket or sod.
• The site will be re- vegetated within 48 hours of rough and final grading.
• All streets shall be cleared of debris at the end of each day as identified in the
erosion control notes. Street sweeping shall be done weekly or more often as
needed. Additional street sweeping shall be required during the hauling
process. All streets shall be maintained to provide safe driving conditions.
The Owner shall install and maintain any additional erosion control measures
deemed necessary during construction by City staff.
KING CUP
MARCH 31, 2011
PAGE 3 OF 3
SECURITY
The Owner shall post a cash escrow with the building permit in the amount of
$2,000 to ensure compliance with erosion control, landscaping, tree preservation
and the submittal of an as -built certified grading plan.
RECOMMENDATION
Engineering recommends approval of the conditional use permit subject to the
requirements and stipulations within this report.