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HomeMy WebLinkAboutItem 06.fJune 28, 2011 Item No. JULY 5, 2011 CITY COUNCIL MEETING KIRT GARRISON CONDITIONAL USE PERMIT Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the Kirt Garrison conditional use permit and adopt the findings of fact. Adoption of this motion will allow the construction of a garage addition onto an existing non- conforming single family home in the Shoreland Overlay District of Lee Lake located at 11073 — 164 Street. Overview Kirt Garrison is requesting approval of a conditional use permit to allow an expansion of an existing non - conforming single family home on Lee Lake. Mr. Garrison proposes to construct a 662.5 square foot addition to the existing 564 square foot attached garage. The existing house is non - conforming with respect to the setback from the Ordinary High Water Level (OHWL) of Lee Lake. 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. The proposed garage addition meets the setback requirements and performance standards of the Zoning Ordinance. The Planning Commission held a public hearing on June 16, 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 June 10, 2011 planning report. There was no public comment at the public hearing. Primary Issues to Consider Are there any other non - conformities associated with this property? There is an existing fence encroachment across the south property line that will be removed as a stipulation of this conditional use permit. Supporting Information • Conditional Use Permit form • Findings of fact • June 16, 2011 draft Planning Commission meeting minutes • June 10, 2011 planning report Mak - u Frank Dempsey, AICP, A sociate ' . nner 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 NO. 11- 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for Kirt Garrison to allow an expansion of an existing non - conforming single family home in the RS -3, Single Family Residential District and Shoreland Overlay District on Lee Lake. 2. Property. The permit is for the following described property located at 11073 — 164 Street in the City of Lakeville, Dakota County, Minnesota: That part of the South Half of the Northwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner of the South 476.20 feet of said South Half of the Northwest Quarter; thence North 89 degrees, 51 minutes, 16 seconds West (assumed bearing) along the North line of said South 476.20 feet a distance of 342.94 feet to the point of beginning of the land to be described; thence North 66 degrees, 55 minutes, 15 seconds East a distance of 374.34 feet to the East line of said South Half of the Northwest Quarter; thence North 0 degrees, 33 minutes, 30 seconds, East along said East line a distance of 147.38 feet; thence South 79 degrees, 13 minutes, 7 seconds West a distance of 501.13 feet; thence South 0 degrees, 8 minutes, 44 seconds West a distance of 200.00 feet to said North line of the South 476.20 feet; thence South 89 degrees, 51 minutes, 16 seconds East along said North line a distance of 146.98 feet to the point of beginning. 1 3. Conditions. The permit is issued subject to the following conditions: a) The total attached garage area shall not exceed 1,250 square feet. The garage addition shall be constructed in accordance with the plans approved by the City Council. b) A building permit shall be obtained prior to construction of the garage addition. c) The fence attached to the neighbor's accessory building shall be removed to comply with Zoning Ordinance requirements. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of the permit. 5. Lapse. If within one year from the issuance of this permit the conditional 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. Date: July 5, 2011 DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk The following instrument was acknowledged before me this 5 day of July 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. Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA GARRISON CONDITIONAL USE PERMIT FINDINGS OF FACT On June 16, 2011, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Kirt Garrison for a conditional use permit to allow an expansion of an existing non - conforming single family home located at 11073 — 164 Street in the RS -3, Single Family Residential District and Shoreland Overlay District of Lee Lake. 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 -3, Single Family Residential District and lies within the Shoreland Overlay District of Lee Lake. 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: That part of the South Half of the Northwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner of the South 476.20 feet of said South Half of the Northwest Quarter; thence North 89 degrees, 51 minutes, 16 seconds West (assumed bearing) along the North line of said South 476.20 feet a distance of 342.94 feet to the point of beginning of the land to be described; thence North 66 degrees, 55 minutes, 15 seconds East a distance of 374.34 feet to the East line of said South Half of the Northwest Quarter; thence North 0 degrees, 33 minutes, 30 seconds, East along said East line a distance of 147.38 feet; thence South 79 degrees, 13 minutes, 7 seconds West a distance of 501.13 feet; thence South 0 degrees, 8 minutes, 44 seconds West a distance of 200.00 feet to said North line of the South 476.20 feet; thence South 89 degrees, 51 minutes, 16 seconds East along said North line a distance of 146.98 feet to the point of beginning. 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: 1 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 residential use of the property is consistent with the Comprehensive Land Use Plan. The proposed garage addition will not expand the existing non - conformities on the property. b) The proposed use will be compatible with present and future land uses of the area. The proposed garage addition is compatible with the existing single family houses in the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed garage addition is consistent with the single family residential use of the property and the surrounding neighborhood. The proposed garage addition 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 garage addition will not overburden the Citys service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generated by the single family home can be accommodated on existing streets serving the property. 5. The planning report, revised June 10, 2011, prepared by Associate Planner Frank Dempsey is incorporated herein. 2 DATED: July 5, 2011 3 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 16, 2011 The June 16, 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 Fitzhenry Absent: Commissioner Adler Staff Present Daryl Morey, Planning Director, and ' Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: .. The June 2, 2011 Planning Commission meeting minutes were approved as presented. The June 2, 2011 Planning Co mmission Work Session notes were approved as presented. ITEM 4. •A Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Two additional'e -mails regarding Agenda Item 6, Anthony and Ann Schiller,.in support of their plans for a deck variance. ITEM 5. KIRT GARRISON Chair Davis opened the public hearing to consider the application of Kirt Garrison 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 Lee Lake, located at 11073 164th Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Lance Swecker, contractor for Kirt Garrison, presented a brief overview of the project. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the existing house has a non - conforming setback to the OHWL of Lee Lake. He explained that the reason this is a conditional use permit rather than an administrative approval is because it is in the Shoreland Overlay District. He stated that 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. The Zoning Ordinance allows administrative approval of additions and expansions to non- conforming structures in areas other than the Shoreland; Ov District provided the addition meets all setback requirements. There were no comments from the audience.. Nays: 0 1. Planning Commission Meeting June 16, 2011 Page 2 Mr. Morey stated that should the Planning Commission recommend approval of the Garrison Conditional Use Permit, Planning Department staff recommends approval subject to the 3 stipulations listed - in the June 10, 2011 planning report. Chair Davis opened the hearing to the public for comment. 11.32 Motion was made and seconded to close the public hearing at 6:07 p.m. Ayes: Boerschel, Lillehei, Davis, Maguire,, Greiiz "Drotning. Chair Davis asked for comments from the Planning Commission. Discussion points were: • " CornrnisSioner Drotning asked where the front yard setback is measured from Mr. Morey showed that the front yard setback is based on the portion : of the Garrison property that fronts on 164th Street. 11.33 Motion was ::made and ; seconded to recommend to City Council approval of the Kirt Garrison C©nditional Use Permit to allow an expansion of a single family home with a non - conforming setback within the Shoreland Overlay District of Lee Lake, located at 11073164 'Street, subject to the following 3 stipulations, and adoption of the Findings of Fact dated June 16, 2011: The total attached garage area shall not exceed 1,250 square feet. The garage addition shall be constructed in accordance with the plans approved by the City Council. 2. A building permit shall be obtained prior to construction of the garage addition. 3. The fence attached to the neighbor's accessory building shall be removed to comply with Zoning Ordinance requirements. Ayes: Lillehei, Davis, Maguire, Grenz, Drotning, Boerschel. Nays: 0 ITEM 6. ANTHONY AND ANN SCHILLER Chair Davis opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting June 16, 2011 Page 3 Chair Davis opened the public hearing to consider the application of Anthony and Ann Schiller for a variance to allow a reduced rear yard: building setback for the construction of a deck onto an existing house, located at 21077 Istria Path. The Recording Secretary attested that the legal notice had been -duly published in accordance with State Statutes and City Code. Anthony Schiller presented an overview of their project. Mr. Schiller stated that his house was a spec house and they were not aware of the 30 foot setback requirement until they were denied a building permit for the deck. They assumed that because the house was constructed with sliding glass doors and a ledger for a future deck, that they would be able to construct a deck onto the back of the house. Planning Director Daryl. Morey presented ,the planning report. Mr. Morey stated that staff has reviewed= this - request at length to see if there were other options to allow the construction of a deck onto the rear of the house without the need for a variance. He indicated that staff, at the recommendation of the City Attorney, is utilizing the new state .legislation concerning variances that was passed last month and the amendment that will be incorporated into our Zoning Ordinance shortly in their review`of'thikwarian.Ce request. Mr. Morey stated that the configuration of the adjoining lots and the shallow depth of the Schiller's lot were two factors that staff examined when reviewing this'request. Mr. Morey: stated that should the Planning Commission recommend approval of the variance;. Planning.Department staff recommends approval subject to the 2 stipulations listed.. in .the June 10, 2011 planning report, and adoption of the Findings of Fact dated June 16, 2011. 11.34 Motion was made and seconded to close the public hearing at 6:20 p.m. Ayes: Davis, Maguire, Grenz, Drotning, Boerschel, Lillehei. Nays: 0 Memorandum To Planning Commission From: rank Dempsey, AICP, Associate Planner Date: June 10, 2011 Subject: Packet Material for the June 16, 2011 Planning Commission Meeting Agenda Item: Kirt Garrison Conditional Use Permit Application Action Deadline: July 26, 2011 INTRODUCTION EXHIBITS A. Aerial Photo Location Map B. Certificate of Survey C. Floor Plan and Elevation Plan (2 pages) PLANNING ANALYSIS rn No. City of Lakeville Planning Department Kirt Garrison has submitted an application and plans for a conditional use permit to allow an expansion of an existing non- conforming single family home on Lee Lake located at 11073 — 164 Street. The property owner proposes to construct a 662.5 square foot addition to the existing 564 square foot attached garage. The property is zoned RS -3, Single Family Residential District and is located within the Shoreland Overlay District of Lee Lake. The existing house is non - conforming with respect to the setback from the Ordinary High Water Level (OHWL) of Lee Lake. 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. The subject parcel is a 2.2 acre metes and bounds described parcel (1.05 acres above the OHWL) that includes a house that was constructed in 1985. Lee Lake is classified as a recreational development lake that requires a 75 foot setback from the OHWL of 948.5 feet above sea level. 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 subject to the approval of a conditional use permit provided the addition or expansion meets the setback, height, and other requirements of the Zoning Ordinance. The proposed garage addition will bring the total attached garage square footage to 1,226.5 square feet. The Zoning Ordinance allows an attached garage larger than 1,000 square feet, but not more than 1,250 square feet provided that the lot is larger than one acre and the house has a finished floor area greater than 2,000 square feet. The Garrison lot is 1.05 acres above the OHWL and the house has a finished floor area of approximately 2,700 square feet. The survey identifies two non - conformities on the property as follows: 1. The house does not meet the 75 foot setback to Ordinary High Water Level (OHWL) of Lee Lake. The house is located 70 feet from the OHWL. The garage addition will be set back more than 75 feet from the OHWL. 2. The fence along the south boundary crosses the property line. There is an old and worn fence that extends from the Garrisons existing garage to and along the south property line. The fence crosses the property line and attaches to the neighbors detached accessory building located 3 feet south of the Garrisons property line. The portion of the fence that crosses the property line attached to the neighbor's accessory building must be removed to comply with the Zoning Ordinance requirement that the fence be located entirely on the owner's property. The existing impervious surface area of the property is 9.6 %. The proposed impervious surface area; including the garage addition and the expanded driveway pavement to serve the garage addition, will be 12.11 %. The impervious surface area calculations are for the portion of the property located above the OHWL. The proposed impervious surface area will not exceed the maximum permitted 25 %. Garage /House Exterior materials. The new garage addition will have wood siding and will be painted to match the existing house with asphalt shingles to match the existing roof. Garage Height. The height of the garage will be 17 feet in height and will match the architecture of the existing garage. 2 Expansion of the Driveway. The survey site plan shows an expansion of the existing driveway to connect with the expanded garage. Any retaining wall necessary to accommodate the expanded driveway must be less than 48 inches in height unless a building permit is approved by the Building Inspections Department. Department of Natural Resources. The DNR has been notified of the proposed conditional use permit as required by the Zoning Ordinance. The DNR has not responded with any concerns. RECOMMENDATION The proposed garage addition meets all Zoning Ordinance requirements for a property in the RS -3, Single Family Residential District and Shoreland Overlay District. Planning Department staff recommends approval of the Garrison conditional use permit subject to the following stipulations: 1. The total attached garage area shall not exceed 1,250 square feet. The garage addition shall be constructed in accordance with the plans approved by the City Council. 2. A building permit shall be obtained prior to construction of the garage addition. 3. The fence attached to the neighbor's accessory building shall be removed to comply with Zoning Ordinance requirements. Findings of fact are attached for your consideration. cc: Kirt Garrison Zach Johnson, Assistant City Engineer 3 Print Preview Dakota County, MN Locat on of 110 /3 - 164t- St -cot Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch =410 feet http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota County, MNIO Page 1 of 1 Olt... 6/6/2011 LA th N '—' .... -1 Ch 011/1 Is.) 1 ,--` ' CT 4 • -P C\ V1 ,--' 00 t- -•0\.? O I 0 —101 V1 - - v1 .--. 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En- C w11,••■■■ ;77 ••••••/11..,..1 NT 0 9— \ • CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA GARRISON CONDITIONAL USE PERMIT FINDINGS OF FACT On June 16, 2011, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Kirt Garrison for a conditional use permit to allow an expansion of an existing non - conforming single family home located at 11073 — 164 Street in the RS -3, Single Family Residential District and Shoreland Overlay District of Lee Lake. 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. FINDINGS OF FACT 1. The property is zoned RS -3, Single Family Residential District and lies within the shoreland overlay district of Lee Lake. 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: That part of the South Half of the Northwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner of the South 476.20 feet of said South Half of the Northwest Quarter; thence North 89 degrees, 51 minutes, 16 seconds West (assumed bearing) along the North line of said South 476.20 feet a distance of 342.94 feet to the point of beginning of the land to be described; thence North 66 degrees, 55 minutes, 15 seconds East a distance of 374.34 feet to the East line of said South Half of the Northwest Quarter; thence North 0 degrees, 33 minutes, 30 seconds, East along said East line a distance of 147.38 feet; thence South 79 degrees, 13 minutes, 7 seconds West a distance of 501.13 feet; thence South 0 degrees, 8 minutes, 44 seconds West a distance of 200.00 feet to said North line of the South 476.20 feet; thence South 89 degrees, 51 minutes, 16 seconds East along said North line a distance of 146.98 feet to the point of beginning. 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: 1 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 resident /a/ use of the property is consistent with the Comprehensive Land Use Plan. The proposed garage addition will not expand the existing non - conformities on the property. b) The proposed use will be compatible with present and future land uses of the area. The proposed garage addition is compatible with the existing single family houses in the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed garage addition is consistent with the single family residential use of the property and the surrounding neighborhood. The proposed garage addition 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 garage addition 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 can be accommodated on existing streets serving the property. 5. The planning report, revised June 10, 2011, prepared by Associate Planner Frank Dempsey is incorporated herein. 2