BOA 1999 03 17 AGENDA
CHANHASSEN ZONING BOARD OF
AD~STMENTS AND APPEALS
WEDNESDA Y, MAR CH 17, ~: O0 P.M.
CHANHA SSEN CITY HALL, ~ ~ 0 CI~ CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
NE W BUSINESS
le
A request for 3foot variance from the lO foot side yard setback for the construction of an
addition, 3311 Shore Drive (Lot M, RLS 7), Ralph & Patricia Hegrnan.
2. Approval of Minutes.
Adjournment
CITY OF
BOA DATE: !
3/17/99
CCDATE:
CASE#: 98- 13 VAR
By: Kirchoff:v
STAFF
REPORT
l--
Z
<[
PROPOSAL:
LOCATION:
APPLICANT:
A request for 3 foot variance from thc 10 foot side yard setback for the
co~on of an addition.
3311 Shore Drive
CLot ~ RLS 7)
Ralph & Patricia Hcgman
3311 Shore Drive
Excelsior, MN 55331
(470-0925)
PRESENT ZONING:
ACREAGE:
DENSITY:
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
RSF, Single Faufily Residential
Approx..79 acres (34,440 sq. fa)
N/A
N:
S:
E:
W:
RSF, Single Family Residential
RD, Recreational Development Lake
RSF, Single Family Residential
RSF, Single Family Residential
Available to the site.
This site is a riparian lot on Lake Mirmewash~a that conmim
an existing home with a deck. A steep slope abuts the
eastern property line.
2000 LAND USE PLAN: Low Density Residential
-'B
0
0
Hegman Variance
March 15, 1999
Page 2
BOARD OF ADJUSTMENTS AND APPEAI~ UPDATE
This item was reviewed at the December 22, 1998 Board meeting where it was tabled. The
Board requested that the applicant approach the neighbor to the east about purchasing 3
feet of property so a variance would be eliminated for the proposed addition- The neighbor
did not have an interest in selling the property.
State Statute requires that the city process an application within 120 days of its receipt.
This item was stamped received November 20, 1998. Staff has informed the property
owner of this and requested that they either withdraw their application or waive the 120
day review period or staff will schedule a meeting where action will be taken on the item.
A letter was mailed on January 15, 1999, asking ff they would like to proceed with the
variance. To date, staff has not received a response from the applicant.
This report has been updated. All new information is in bold type and all outdated
information has been struck though.
APPLICABLE REGULATIONS
Section 20-615 (6) (c) states that a 10 foot side yard setback shall be maintained on properties
zoned RSF (Attachment 2)).
Section 20-72(a) states that there shall be no expansion, intensification, replacement, structural
change, or relocation of any nonconforming use or nonconforming structure except to lessen or
eliminate the nonconformity (Attachment 3).
Section 20-72(b) states that ifa setback of a dwelling is nonconforming, no additions may be
added to the nonconforming side of the building unless the addition meets setback requirements
(Attachment 3).
Section 20=1 defines a bluff (Attachment 4).
BACKGROUND
This property was platted in 1957 as Registered l_aad Survey No. 7, Tract M. The existing home
meets the required front yard, western side yard and lakeahore setbacks. The eastern side yard
setback is non-conforming at 7 feet.
The applicant is proposing to construct a 480 sq. fa master bedroom, a 150 sq. fL porch and 600
sq. ii. garage addition 7 feet from the eastern pmpe~ line.
Hegman Variance
March 1 $, 1999
Page 3
ANALYSIS
The applicant is requesting a 3 foot variance from the 10 foot side yard setback requirement for
the construction of these additions. The existing home is approximately 22 feet from the eastern
property line and the existing garage is 7 feet from the eastern property line.
Foot Side Yard Setback Variance for Garage Addition
A variance should granted when a reasonable use cannot be made on the property because of
zoning ordinance requirements. A single family home and a 2-stall garage is typically considered
a reasonable use of RSF zoned property. Currently, the applicant has a 2-stall garage on the site.
This application seeks a third stall. Based on its configuration and area, it will more than double
the size of the existing garage space. Staff does not support this variance because it is expanding
the non-conformity of the structure and the setback. If additional storage space is required, the
applicant can construct a detached garage or storage shed that meets the setback requirements.
3 Foot Side Yard Variance for Bedroom and Porch Addition
The applicant is proposing to expand the living space of the home to the eastern property line. At
its narrowest point, the proposed bedroom addition is approximately 16 feet. According to the
site plan, the existing home is approximately 12 feet from the 10 foot side yard setback at the
closest point. Requiring that the addition meet the 10 foot setback would only reduce the width
of the addition by 34 feet. The house is not parallel to the side lot lines, so the addition could
actually be 13 feet at its narrowest point. In the applicant's letter (Attachment 1), they stated that
the addition would not encroach any further into the required setback than the existing garage.
Staff does not believe that the garage's non-conforming setback justifies granting this variance.
The applicant does have a reasonable use of the property, so a hardship has not been
demonstrated. Staff.believes that applicant has the opportunity to construct a reasonable-sized
bedroom addition and enclosed porch within the required setback. Furthermore, this will
increase the non-conformity of the structure and the setback.
Hegnum Variance
March 15, 1999
Page 4
Topography and Erosion Concerns
The steep slope on the eastern portion of the property does not qualify as a '`bluff' by zoning
ordinance standards, however, staff is still concerned about the erosion that may take place
because of the home addition- To be a "bluff" the zoning ordinance requires that the slope be at
least 25 feet above the toe of the bluff and the grade be over 30 percent .within this clisllUlce. In
this instance, the slope is only 20 feet, but the grade is 50 pewent. Although a setback is not
required from the top of the bluff, staff believes that the structure should be the furthest distance
possible, the 10 foot setback, to minimize the erosion of the slope onto a adjacent property.
Staff believes that the garage's non-conforming setback does not justify the variance for the
garage, bedroom and porch addition. Furthermore, a hardship has not been demo~ted as a
reasonable use exists on this site and an addition could be constructed that complies with
ordinance. The variance will also permit the expansion of a non-confoxming struck.
Therefore, staff recommends denial of the 3 foot variance from the 10 foot side yard setback for
the construction of an addition.
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these ~ting standards without departing
Finding: The applicant has a reaso~le use of the property as a single-family home with
attached garage is presently on the site. A hardship has not been demonstrated to justify a
variance for a th/rd stall on the garage and a bedroom addition- The applicant has an
opportunity to consmgt the bedroom and porch addition within the required setbacks.
Furthermore, this request will expand a non-conforming smwmre and setback.
be
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zonin~ classification.
l~mding: The setback requirements are applicable to all other properties in the RSF zoning
district.
Hegn'um Variance
March 15, 1999
Page 5
The purpose of the variation is not based upon a desire to increase the value or income
poten~ of the parcel of lan&
Finding: Although this addition will increase the value of the property, staff does not
believe that this is the sole purpose of the application.
cl. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant creates the hardship. The applicant has a reasonable opportunity to
construct an addition within the required setbacks.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance would permit a smaller side yard setback than what
is typically found on other properties in the RSF district. If the neighboring property is
subdivided in the future, the homes could potentially be 17 feet apart, when 20 feet is
required by ordinance.
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The 3 foot variance on the southern property would permit a structure to be
located closer to a side property line than would be typically found in the RSF zoning
district and may increase the erosion potential on an adjacent property.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals denies the request for a 3 foot variauce from the 10 foot
setback for an addition based upon the findings presented in the staff report and the following:
1. The applicant has a reasonable oppommity to construct an addition within the required
setbacks.
2. The applicant has not demonstrated a hardship to justify granting a variance.
Hegnum Variance
March 15, 1999
Page 6
Should the Board of Adjustments and Appeals approve the variance, the following conditions
~ apply:
1. The applicant shah submit a survey prepared by a licensed land surveyor.
2. The applicant shall show aH existing easements on the survey.
3. The applicant shaH show aH existing and proposed elevations~
4. The applicant shaH indicate where excess material will be stored.
ATFACHMENTS
1. Application
2. Section 20-615, RSF Zoning Requirements
3. Section 20-72, Nonconforming Uses and Structures
4. Section 20-1 Defmtion of a Bluff
5. Site Plan
6. Property ~ers
7. Minutes from December 22, 1998 Board meeting
~:~plan~ck~oa~helpnan 98-13 vat.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
RECEIVED
NO V 0 1998
CITY OF CHANHAS~,
TELEPHONE (Day time)
OWNER:
ADDRESS:
TELEPHONE:
I
· Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
.Rezoning
Sign .Permits
Sign Plan Review
Site Plan Review*
Subdivision*
I
Temporary Sales Permit
Vacation of ROW/Easements
,
Variance
Wetland Alteration Permit
__ Zoning Appeal
Zoning Ordinance Amendment
·
__ Notification Sign
X Esc~iling Fees/Attorney Cost**
fJ$50 ~SPR/VAG~~AP~etes
an~"~'~ounds. $400 MIn0r SUB) -¥ i{
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must l~e Included with the
application. ,
Building material samples mustrbe submitted with site plan reviews.
'Twenty-slx full size folded copies of the plans must be submitted, including an 81/~" X 11" reduced copy of
transparency for each plan sheet.
'* Escrow will be required for other applications through the development contract
t~IDTF__ -Wh~ multiple applications are processed, the appropriate fee shall be charged for each application.
NOTE - When multiple applioations am processed, the appropriate fee shall be charged for each application.
PROJECT NAME
'LOCATION
LEGAL DESCRIPTION
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
OR .,SRE U S _
pn~ed and ~ ~ a~~led by all i~o~n
and plans required by ~pli~le C~ O~inance provisions. B~om filing this a~li~n, ~u s~u~. ~er w~h the
P~n~ng Depa~ent to dete~ine the spec~ o~inance a~ pm~duml m~me~ ~pl~le ~ ~ur ~ll~ion.
~ is ~ ce~y that I am maki~ application for the des~d a~n ~ the C~ a~ th~ I am ms~n~ble ~ ~~i~
~h all Ci~ requirements w~h regard to this request. ~ls appli~t~n s~uld be p~essed in ~ ~me a~ I am the pa~y
w~m the C~ should ~a~ regarding ~y ~er pe~lnl~ to this ~l~n. I~ ~hed a ~py ~ p~ of
~emhip (e~her ~py of ~ner's Dupli~te Ce~i~te ~ ~le, ~m~ ~ ~e or ~m~se agme~m), or I am ~e
a~ed ~=on to m~e ~is appli~tion a~ ~e fee ~ner h~ a~o s~ned ~ ~l~on.
· 1 will keep myself informed of the deadlines for subrr~sion of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. wtth an estimate prior to any
authorization to proceed with the study. The documents and informatlon'l have submitted are true and correct to the best
of my knowledge.
I also understand that after the approval or granting of the permit, such permits shall be Invalid unless they are recorded
against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's
Office and the original document retumed to City Hall Records.
Signature of Applicant'
Date
Date'
Application Received on {11~<::~[ ~ ~
·
.ece pt No.
· The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
zneetln§. If not contacted, a copy of the report will be mailed to the applicant'8 address.
November 19, 1998
Ralph & Patricia Hegman
3311 Shore Drive
Excelsior, MN 55331
Board of Adjustments & Appeals
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
NOV 0 1998
GJTY OF CHANHAS~'
To Whom It May Concern'
We request a three-foot side-yard variance on the distsance between our
property line and an expansion of our master bedroom that we propose
to build to our existing home. We believe our request complies with the
findings for granting a variance for the following reasons:
"The literal enforcement of this Chapter would cause us undue
hardship."
- Because of the narrowness of our lot and in order to comply with
existing setback requirements, we would have to expand our
bedroom as a second-story addition. This is a more expensive
option. We also believe that, at our age, another set of stairs
would make our mobility more difficult in the future.
·
- By keeping the expansion on the same level as the existing
bedroom, the proposed design allows us to make the most of the
existing bedroom space. We will actually have to build less "new
space" than we would for a second-story addition in order to net
the same amount of additional space. Again, a cost savings to
liS.
- Our proposed addition allows us to take advantage of existing
plumbing-- another cost savings.
- We want our expanded master bedroom to remain co, nsistent
with the "bedroom wing" of our existing house -- that is, the
bedrooms adjacent to one another. Given the existing structure,
any other choice is problematic and awkaward.
e
As you can see on the enclosed site plan, granting us this three-fo~t
variance would put the outline of our house no closer to the lot
line than it already is at the north-east comer of our garage (as it
was originally built).
The neighbor's house adjacent to our lot on the east side, is
separated from us by a heavily wooded divide, as well as a steep
hill: Our houses are on two very different levels, and invisible to
one another when the trees are leafed out. That house is sited on
the far eastern side of their lot, separated from us by a pond and
tennis court.
A one-story addition to our house would be far less visually
intrusive to this neighbor than would adding a second 'story onto
our exisiting bedroom wing.
,,
The expansion, as described in the attached site plan, allows us to
take advantage of the primary amenity of our lot -- a view of the ·
lake. While a s~cond story addition would afford us the same
view, it would cost us more, create an impediment to future
mobility, and be more visually intrusive to our neighbors.
Vicki Churchill from the Chanhassen City Planning Department assured
me she would provide required survey information from property owners
within 500 feet of our property as required for this process.
We appreciate your consideration of our request and look forward to
your response.
Sincerely,
Ralph and Patricia Hegman x,/ .
..
I.
ZONING § 20-615
(2) Storage building.
(3) Swimming pool.
(4) Tennis court.
(5) Signs.
(6) Home occupations.
(7) One (1) dock.
(8) Private kennel.
(Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86)
Sec. 20-614. Conditional uses.
The following are conditional uses in an "tL~F" District~
(1) Churches.
(2) Reserved.
(3) Recreational beach lots.
(4) Towers as regulated by article XXX of this chapter. ·
(Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12,
11-12-96)
State law reference~Conditional uses, M.S. § 462.3595.
Sec. 20-615. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter and chapter 18:
(1)
The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots,
the lot area requirements shall be met after the area contained within the "neck" has
·
been excluded from consideration.
(2)
The minimum lot f~ntage is ninety (90) feet, except that lots fronting on a cml-de-sac
'%ubble", or along the outside curve of curvilinear street sections shall be ninety (90)
feet in width at the building setback line. The location of this lot is conceptually
Supp. NQ. 9 1211
§ 20--615
~ustrated below.
CI*L,s,.,'TI..IASSEN CITY CODE
Lots Where Frontage II
Me=iured At 8etbm;k Une
L_
(3)
The minim-m lot depth is one hundred twenty-five (125) feet. The location of these lots
is conceptually illustrated below. Lot width on neck Or flag lots and lots accessed by
private driveways shall be one hundred (100) feet as measured at the front buJl~
setback line.
Neck [ Flag Lot8
Fron Lo~t Line
I O0# Lot Width
(4) The maximum lot coverage for all structures and paved surfaces is t~enty-five (25)
(5) The setbacks are as i~]ows:
a. For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
Supp. lqa 9 1212
ZONING § 20-6S2
(6)
c. For side yards, ten (10) feet.
The setbacks for lots served by private driveways and/or neck lots are as ~ollows:
a. For front yard, thirty (30) feet. The front yard shah be the lot line nearest the
public right-of-way that provides access to the parcel. The rear yard lot line is to
be located opposite from the front lot line with the remaining exposures treated
as side lot lines. On neck lots the front yard setback shall be measured at the
point nearest the front lot line where the lot achieves a one-hundred-foot
minimum width.
b. For rear yards, thirty (30) feet.
v~ c. For side yards, ten (10) feet.
(7) The maximum height is as follows:
a. For the prindpal structure, three (3) stories/forty (40) feet.
b. For accessory structures, twenty (20) feet.
(Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90;
Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95)
Editor's note~Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to
accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- '
ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included
as amending § 20-615(7)b.
Sec. 20-616. Interim uses.
The following are interim uses in the "RSF" District:
(1) Private stables subject to provisions of chapter 5, article IV.
(2) Commercial stables with a minimum lot size of five (5) acres.
(Ord. No. 120, § 3, 2-12-90)
Sees. 20-617--20-630. Reserved.
ARTICLE XIll, '~R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT
Sec. 20-631.' Intent.
The intent of the "R-4" District is to provide for single,family and attached residential
development at a maximum net density of four (4) dwelling units per acre.
(Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86)
Sec. 20-632. Permitted uses.
The following uses are ]~ermitted in an "R-4" District:
(1) Single-fFmily dwellings.
(2~ 'l~,vo-family dwellings.
Supp. No. 9 1213
2O-80
CX-IANHA~EN CITY CODE
Variances may be deemed by the beard of a~uztmen~ and appeals and the council, and
· uch denial shall constitute a finding and determination that the conditions required for
approval do not exist.
(Or& No. 80, Art. III, § 1(3-1-4(6)), 12-15-86)
Sees. 20-61--20-70. Re~erved.
DIV~ION 4. NONOONFOEM~G USES*
Sec. 20-71. Purpoe~
The purpose of this division is:
{1} To recognize the existence of uses, lots, and structures which were lawful when
established, but which no longer meet all ordinance requirements;
(2) To prevent the enl-,~ement, exp~ion, intensification, or extendon of any noncon-
forming use, building, or ~;
{3) To encourage the ~Nml-stion of nonconforml-g uses, lots, and structures or reduce
their impact on adjacent properties.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20-72. Nonconfor,-t,,~ uses and structures.
·
.~' {s} There ahall be no exp,,.~on, intensification, replacement, structural change, or relo-
· .c~on of any nonconform~,~g use or nonconformi,~g structure except to lessen or elin~nate the
..
{B) Notwithstanding any other provisions of this chapter, any detached single.fAmily
dwe__ll~,~g that is on a nonconformi,~g lot or that is a nonconforming use or structure may be
altered, or expanded provided, however, that the nonconformity may not be increased. If a
~-ttmck of a dwelling is nonconformflxg, no additions may be added to the nonconforming side
af the building unless the addition meets setback requirement~
lc) No nonconforming uss sh,ll be resumed ff normal operation of' the us~ has been
discontinued for a period of twelv~ (12) or more month~. Time shah be calculated as beglrming
on the dsy following the last day in which the use was in normal operation and shall run
continuously thereafter. Following the ~rpiraflon of twelve (12) months, only land uses which
ar~ pe~-mitted by this or~,-uce shall be allowed to be est_~blished. "
*Editor's note-Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its
entirety to read as set out in §§ 20-71-20-73. Prior to amendment, Div. 4 contained §§
20-71-20.78, which pertained to similar sul~ect _mntter and derived fi, om Ord. No. 60, Ar~ IH,
§ 5, adopted Dec~ 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992.
. 1164
ZONING
(d) Full use of a nonconforming land use shall not be resumed if the amount of land or
floor area dedicated to the u~e is lessened or if the intensity of the use is in any manner
,8~r-~;,hed for a period of twelve (12) or more months. Time shall be calculated as beginning
au the da~ following the last clay in which the nonconforming land use was in full operation
and shall run continuously thereafter.. Following the expiration .of twelve (12) months, the
nonconforming land use may be used only in the manner or to the extent used' during the
preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea-
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
am/other factor's deemed relevant by the city.
(e) Ma/ntenance and repair of nonconforming structures is permitted. Removal or destruc.
tion of a nonconform/ng structure to the extent of more than fifty (50) percent of its estimated
value, excluding land value and as determined by the city, shall terminate the right to con-
tinue the nonconforming structure.
(f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if approved by the city council a nonconforming land use may be changed to another noncon-
forming land use of less intensity ff it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensifies of uses.
(g) If a nonconformi,~g land use is superseded or replaced by a permitted use, the non-
conforming status of the prer~i~es and any rights which arise under the provisions of this
section shall terminate.
lord. No. 16/~, § 2, 2-10-92)
Sec. 20.73. Nonconfor~,,g lots of record.
(a) No variance shall be required to reconstruct a detached single-family dwelling located
on a nonconfo~g lot of record or which is a nonconforming use ff it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of the
destroyed structure and is substantially the same size in building height and floor area as the
destroyed structure. Reconstruction shall commence within two (2) years of the date of the
flestntction of the original building and reasonable progress shall be made in completing the
project. A building permit shall be obtained prior to construction of the new dwelling and the
new structure shall be constructed in compliance with all other city codes and regulations.
ih) No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at lest seventy-five (75) percent of' the
· r~um requ~ements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, 'there
shall Be nc expansion, intensification, replacement, or structural changes of a str~cture on a
nonconforming lot.
.
(d) If two (2) or more contig~uous lots are in single ownership and if all or part of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
1165
~N (NT~ CODE
con. us lots shall be considered to be an undivided parcel for the purpose of this chapter.
If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance
lOrd. No. 166, § ~-, 2-10-92)
DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC.
Sec. 20-91. Building permits.
(a) Bio person shall erect, construct, alter, enlarge, repair, move or remove, any building
or structure or part thereof without f'u-st securing a building permit.
Co) An application for a building permit'shall be made to the city on a form furnished by
the city. All building permit applications shall be accompanied by a site plan drawn to scale
showing the dimensions of the lot to be built upon and the size and location of any existing
structures and the building to be erected, off-street p .arking and loading facilities and such
other information as may be deemed necessary by the city to determine compliance with this
chapter and other land use ordinances. Bio building permit shall be issued for activity in
conflict with the provisions of this chapter. The city shall issue a building permit only after
determining that the application and planz comply with the provisions of this chapter, the
uniform building code as adopted and amended by the city and other applicable laws and
(c) If the work described in any building permit is not begun within ninety (90) days or
substantially completed within one (1) year following the date of the issuance thereof, said
permit may become void at the discretion of the zoning administrator upon submission of
documented evidence. Written notice thereof shall be transmitted by the city to permit holder,
stating that activity authorized by the expired permit shall cease uhle_~ and imtil a new
building permit has been obtained.
(Ord. No. 80, Art. IH, § 4/3-14), 12-154~6)
Cross reference--Technical codes, § 7-16 et seq.
Sec. 20-9?. Certificates of occupancy.
(a) In accordance with the Uniform Building Code as adopted and amended by the city, a
certificate of occupancy shall be obtained before:
..
. .
(1) Any nonagricultural building, except an accesso_ ry building, hereafter erected or
structurally altered is occupied or used; and
(2) The use of any existing nonagricultural building, except an accessory building, is
changed.
(b) Application for ar'certificate of occupancy shall be made to the city as part of the
application for a building permit. A certificate of occupancy shall be issued by the city
Sup~ N~ 4
1166
ZONING § 20-1
A/terat/on means any change or rearrangement, other than inddental repairs, . in the
supporting members of an existing building, such as bearing walls, columns beams, girders or .
interior partitions, as well as any change in doors or Windows, or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or the moving of a
building or structure from one (1) location to another.
· .
An(mo3 feedlot means land or buildings used for the co~f/,~ed feeding, breeding, raising or
holding of livestock and poultry where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. Pastures are not considered A,~imal feedlots.
Antenna means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional antenn.as, such as panels,
microwave dishes, and satellite dishes; and omnidirectional antennas, such as whip antennas.
Arboretum means a place where plants, trees, and shrubs are cultivated for Scientific and
educat/onal purposes.
Arterial street means a street or highway with access restrictions designed to carry large
values of traffic between various sectors of the city or county and beyond..
[Auto service center] means an integrated group of commercial establishments or single
establishments planned, developed, and managed as a unit with off-street parking provided on
site and providing uses engaged primarily in the supplying of goods and services generally
required in the operation and maintenance of motor vehicles. These may include sale and
serv/cing of tires, batteries, automotive accessories, replacement items, washing and lubricat-
ing services, and the performance of minor automotive maintenance and repair. This does not
include major body repair where it is necessary to provide long term storage of cars and body
Bed and l~reakfast means an owner-occupied single-family home in which not more than five
(5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive days by the
same person. Meals may or may not be provided to residents and overnight guests.
B/ock means an area of land within a subdivision that is entirely bounded by streets, or by
streets and the exterior boundary or boundaries of the subdivision, or a combination of the
above with a waterway or any other barrier to the continuity of development.
VI/ Bluff means a natural topographic feature such as a hill, cliff, or embankment having the
following characteristics:
(1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and
(2) The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more
above the toe of the bluff averages thirty (30) percent or greater.
(3) An area with an average slope of less than eighteen (18) percent over a distance for
fifty (50) feet or more shall not be considered part of the bluff.
Bluffirnpact zone means a bluff and land located within twenty (20) feet from the top of a
Bluff.
Supp. No. 9 1143
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENTS AND APPEALS
Tuesday, December 22, 1998
at 6:00 p.m.
City Hall Council Chambers
690 City Center Drive
PROJECT: Side Yard Setback Variance
APPLICANT: Ralph and Patrlcla Hegman
Lake Minnewashta
LOCATION: 3311 Shore Drive
NOTICE: You are invited to attend a public hearing about a development proposed in your area.
The applicants, Ralph and Patricia Hegman, are requesting a 3 ft. variance from the 10 ft. side yard
setback for the construction of an addition, on property zoned RSF and located 3311 Shore Drive,
What Happens at the Meeting: The purpose of this public hearing is t@ inform you about the
applicant's request and to obtain input from the neighborhood about this project. During the meeting,
the Board of Adjustments Chair will lead the public hearing through the following steps:
I. Staff w~ll give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4..Public hearing is closed and the Board discusses project. The Board will then make a decision.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Cindy at 937-1900 ext. 117. If you. choose to submit
written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission. .,
Notice of this public hearing hasrbeen published in the Chanhassen Villager on December 10, 1998.
· PLEASANT ACRES HOMEOWNER
~:)X 12
CELSIOR, MN 55331
STRA~ORD RIDGE HOMEOWN
HAROLD J. TAYLOR, TREASURER
3861 STRATFORD RIDGE
EXCELSIOR, MN 55331
G. JOANNE GINTHER
3131 DARTMOU'rH DRIVE
EXCELSIOR, MN 55331
JEFFREY & DEBRA PAPKE
6180 CARDINAL DRIVE SO
SHOREWOOD, MN 55331
ABRAHAM & DOROTHY ABBARI
3750 ARBORETUM BLVD
PO BOX 26
CHANHASSEN, MN 55317
THOMAS MERZ
3201 DARTMOUTH DRIVE
EXCELSIOR, MN 55331
CAMPFIRE BOYS & GIRLS MN COUNCIL
2610 UNIVERSFI'Y AVE. W.
ST. PAUL, MN 55114
TROLLS-GLEN HOMEOWN ASSN
7501 WEST 77TH STREET
CHASKA, MN 55318
STEVE MARTIN
3211 DARTMOUTH DRIVE
EXCELSIOR, MN 55331
MINNEWASHTA BEACH ASSN
TOM RUHLAND
6211 GREENBRIAR AVE
EXCELSIOR. MN 5.5331
MINNEWASHTA CREEK ASSN.
A'I-rN NANCY NELSON
3891 UNDEN CIRCLE
EXCELSIOR, MN 55331
PETER & PAMELA STROMMEN
3221 DARTMOUTH DRIVE
EXCELSIOR. MN 55331
KATHLEEN LOCKHART
:3618 RED CEDAR POINT DR
-~_XC~=~ 81OR, MN 55331
RAFAEL FERNANDEZ
7620 CRIMSON BAY ROAD
CHASKA, MN 55318
GREGORY & ROBIN NIEMANN
3231 DARTMOUTH DRIVE
EXCELSIOR, MN 55331
MINNEWASHTA SHORES
STEVE WOOD
6341 CYPRESS DRIVE
EXCELSIOR, MN 55,331
DANIEL & KAREN HERBST
7640 CRIMSON BAY ROAD
CHASKA, MN 55318
WARREN HANSON
3241 DARTMOUTH DRIVE
EXCELSIOR, MN 55331-8844
BARBARA O FREEMAN
7431 DOGWOOD
EXC~=I -~IOR, MN 55331
JOHN FUNARI
7660 CRIMSON BAY ROAD
CHASKA, MN 55318
ROGER W. OAS
7301 DOGWOOD
EXCELSIOR, MN 55331
GARY KIRT
7140 HAZELTINE BLVD
F. XCm -~IOR, MN 55.331
ROB & CALl OLSON
7700 CRIMSON BAY ROAD
CHASKA, MN 55318
MARTIN JONES
7321 DOGWOOD
EXCELSIOR, MN 55331
PEM'rOM COMPANY
8200 HUMBOLDT AVE S
BLOOMINGTON, MN 55431
& DONNA DUI:IR
4830 WESTGATE ROAD
MINNETONKA, MN 55345
DONALD SUEKER
3111 DARTMOUTH DRIVE
EXCELSIOR, MN 55331
SUSAN FIEDLER
3121 DAR'rMOUTH DRIVE
EXCELSIOR, MN 55331
JANET M QUIST ETAL
7331 DOGWOOD
EXCELSIOR, MN 55331
RICHARD LUNDFt~
7341 DOGWOOD
EXCELSIOR. MN 5.5,331
WILLIAM C. GETSCH
7530 DOGWOOD
'EXCELSIOR, MN 55331
GE'tiSCH CORP
C/O JOHN GETSCH
18022 PRIORY LANE
MINNETONKA, MN 55345
MARJORIE GETSCH
7530 DOGWOOD ROAD
'EXCELSIOR, MN 55331-8053
CHARLES & JENNIFER NEWELL
7550 DOGWOOD ROAD
EXCELESIOR, MN 55331
SCO'i-I' VERGIN
7311 DOGWOOD ROAD
EXCELSIOR, MN 55331
MARJORIE GETSCH
· 7530 DOGWOOD ROAD
EXCLESIOR, MN 55331-8053
CHARLES & JENNIFER NEWELL
7550 DQGWOOD ROAD
EXCELSIOR, MN 55331
'PETER & DEANNA BRANDT
7570 DOGWOOD ROAD
EXCELSIOR, MN 55331
STEVE EMMINGS
6350 GREENBRIAR
EXCELSIOR, MN 55331
ANNALEE HANSON
6400 GREENBRIAR
EXCF_t~IOR, MN 55331
EDWARD MONSER
3920 HAWTHORNE CIRCLE
EXCELSIOR, MN 55331
DAVID PETER,JOHN
3921 HAWTHORNE CIRCLE
EXCELSIOR, MN 55331
EDWARD V. OATHOUT
3940 HAWTHORNE CIRCLE
EXCELSIOR, MN 55331
DAVID & SALLY PETER, JOHN
JAMES & SHERYL BJORK
3921 HAWTHORNE CIRCLE
EXCELSIOR, MN 55331
JEFFREY SIMON
3980 HAWTHORNE CIRCLE
EXCELSIOR, MN 55331
JAMES J MOORE
3630 HICKORY
EXCELSIOR, MN 55331
GARY PETERSON
1769 20TH AVE NW
NEW BRIGHTON, MN 55112
GREG BOHRER
3706 HICKORY
EXCELSIOR, MN 55331
ALFRED SMITH
3714 HICKORY
EXCELSIOR, MN 55331
MARVIN YORK
3718 HICKORY
EXCELSIOR, MN 55331
TIMOTHY NELSON
3724 HICKORY
EXCELSIOR, MN 55331
JOAN E RASK
3728 HICKORY
EXCELSIOR, MN 55331
LOUIS PARSONS
3732 HICKORY
EXCELSIOR, MN 55331
SUSAN MORGAN
3734 HICKORY
EXCELSIOR, MN 55331
JAMES C-.-~RFUNKEL
3738 HICKORY
EXCELSIOR, MN 55331
STEVEN GUNTHER
3628 HICKORY ROAD
EXCELSIOR, MN 55331
EILEEN BOYER
3830 VIRGINIA AVENUE
WAYZATA, MN 55391
RICHARD ZWEIG
3601 IRONWOOD
EXCELSIOR, MN 55331
ROBERT W HEBEISEN
3807 IRONWOOD
EXCELSIOR, MN 55331
JIM & BETH GINTHER
3811 IRONWOOD
EXCELSIOR, MN 55331
DONNA HOE~(E
3621 IRONWOOD
EXC~=~ ~C)R, MN 55331
KEN & MARTHA SORENSON
3800 LONE CEDAR LANE
CHASKA, MN 55318
MARK AMBROSEN
3830 MAPLE SHORES DRIVE
EXCELSIOR, MN .55.331
KENNETH & DONNA DURR
4830 WESTGATE ROAD
MINNETONKA, MN 55345
SCO'i-r GAUER
3820 LONE CEDAR LANE
CHASKA, MN 55318
KENT FORSS
3850 MAPLE SHORES DRIVE
EXCELSIOR, MN 5.5,331
JOHN & JEAN GEISLER
3880 LANDINGS DRIVE
EXCm -~IOR, MN 55331
JOSEPH STASNEY
3840 LONE CEDAR LANE
CHASKA, MN 55318
GABRIELE WI'TrENBURG
3870 MAPLE SHORES DRIVE
EXCELSIOR, MN ~1
VINCENT & BETH BEACOM
11885 57TH AVE NORTH
PLYMOUTH, MN .55442
ARNOLD HED
3860 LONE CEDAR LANE
CHASKA, MN 55318
DEAN/JACQUEUNE SIMPSON
7185 HAZELTINE BLVD
EXCELSIOR. MN 55331
JAMES & CONNIE VOLLING
3700 LANDINGS DRIVE
EXC~=m ~IOFL MN -_~,-_~31
JAMES MPE
3880 LONE CEDAR LANE
CHASKA, MN 55318
NANCY & DANA JOHNSON
6541 MINNEWASHTA PKWY'
EXCELSIOR, MN 55331
BRUCE & KARI..A WlCKSTROM
3716 LANDINGS DRIVE
EXCELSIOR. MN 55331
WILLIAM & DEBRA HUMPHRIES
3890 LONE CEDAR LANE
CHASKA, MN 55318
CHARLES F. ANDING
6601 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
PAUL & ALYSSA NESS
3732 LANDINGS DRIVE
EXCELSIOR, MN 55331
DAN PETERJOHN
3892 LONE CEDAR LANE
CHASKA, MN 55318
THOMAS ALLENBURG
6621 MINNEWASHTA PKWY
EXCELSIOR. MN 55331
TIMOTHY &'MARY O'CONNOR
3748 LANDINGS DRIVE
EXCm RIOR, MN 5.5331
DOUGLAS & GINGER POUNSKY
3894 LONE CEDAR LANE
CHASKA, MN 55318
ZOE BROS
6831 MINNEWASHTA PKWY
EXCELSIOR, MN 5.5.331
THOMAS LONDO
3764 LANDINGS DRIVE
EXC~=l RIOR, MN 5,5,331
JEROME S N-II.MAN
3896 LONE CEDAR LANE
CHASKA, MN 55318
JAMES & JEAN WAY
6641 MINNEWASHTA PKWY
EXCELSIOR, MN 5.5,331
~X~~ VONBEVEFIN
CHANHASSEN, MN 5.5317
TERRANCE JOHNSON
3898 LONE CEDAR LANE
CHASKA, MN 55318
MRS. LEE ANDERSON
6651 MINNEWASI..ITA PKWY
EXCELSIOR, MN 55331
BRUCE BOSSHART
6871 MINNEWASHTA PKW"Y
F_XCELSIOR, MN 55331
ROBERT M. JOSEPHS
6701 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
BARBARA HEADLA
6870. MINNEWASHTA PKWY
EXCF! RIOR, MN 55331
LARRY WENZEL
6900 MINNEWASI--rTA PKWY
EXCELSIOR, MN 5,5331
LARRY' WENZEL
6600 MINNEWASHTA PI'WI/Y
EXCELSIOR, MN 55331
DONALD LINKE
7301 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
FRANCES BORCHART
7331 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
STEPHEN V. BAINBRIDGE
7351 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
WILMER LAP, SON
7381 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
JOHN T. FOLEY
C/O RICHARD FOLEY
;4804 DUNBERRY LANE
EDINA, MN 55435
DOUG ANDERSON
3607 RED CEDAR POINT DR
EXCELSIOR, MN 55331
PAUL W LARSON
3809 RED CEDAR POINT DR
EXCELSIOR, MN 55331
DR LUMIR PROSHEK
3813 RED CEDAR POINT DR
EXCELSIOR, MN 55331
MARK BROECKERT
3616 RED CEDAR POINT DR
EXCELSIOR, MN 55331
EMIL SOUBA
14025 VALE COURT
EDEN PRAIRIE, MN 55344
K LOCKHART
3618 RED CEDAR POINT DR
EXCELSIOR, MN 55331
STEVE KEUSEMAN
3622 RED CEDAR POINT DR
EXCELSIOR, MN 55331
ERIC BAUER
3624 RED CEDAR POINT DR
EXCELSIOR, MN 55331
BIRUTA M. DUNDURS
3627 RED CEDAR POINT DR
EXCELSIOR, MN 55331
LINDA JOHNSON
3629 RED CEDAR POINT DR
EXCELSIOR, MN 55331
ROBERT OSBORNE
3815 RED CEDAR POINT DR
EXCELSIOR, MN 55331
KENNETH SMITH
3837 RED CEDAR POINT DR
EXCELSIOR, MN 55331
RICHARD FRIEDMAN
3601 RED CEDAR POINT ROAD
EXCELSIOR, MN 55331
T. LYMAN
3603 RED CEDAR POINT RD
EXCELSIOR, MN 55331
DK CONSULT B.V.
3605 RED CEDAR POINT RD
EXCELSIOR, MN 55331
WILLIAM NAEGELE
4300 BAKER ROAD
MINNETONKA, MN 55343
RALPH HEGMAN
3311 SHORE DRIVE
EXCELSIOR, MN 55331
BARBARA WINTHEISER
3321 SHORE DRIVE
EXCELSIOR, MN 55331
FLORENCE BISCHOFF
3331 SHORE DRIVE
EXCELSIOR, MN 55331
WILLIAM MCDANIEL
3341 SHORE DRIVE
EXCELSIOR, MN 55331
MABEL !. WHITE
~351 SHORE DRIVE
EXCELSIOR., MN 55331
ADA R. ANDING
3631 SOUTH CEDAR
EXCELSIOR, MN 5,5,331
KEVlN & ANN EIDE
3719 SOUTH CEDAR
EXCELSIOR, MN 55331
HENRY ARNESON
3401 SHORE DRIVE
EXC~=/RIOR. MN 55,331
HELEN M ANDING
1708 EAST 571'H STREET
MINNEAPOUS, MN 55417
JIM & SUSAN ROSS
3725 SOUTH CEDAR
EXCELSIOR, MN 55,331
KARL VAN LANGEN
3411 SHORE DRIVE
EXC~=I -e!OR. MN
CHESTER LOBI"I-Z
3637 SOUTH CEDAR
EXCELSIOR, MN 55,331
WILLIAM HAUGH
3727 SOUTH CEDAR
EXCELSIOR. MN 55,331
WAYNE HAGEN
3421 SHORE DRIVE
EXCELSIOR, MN 55331
EVELYN BEGLEY
3701 SOUTH CEDAR
EXCELSIOR, MN 55,331
WILLIAM HAUGH
5441 JAMES AVENUE SO
MINNEAPOUS, MN 55419
JOHN MCKELLIP
3431 SHORE DRIVE
EXCtm RIOR, MN 55331
GEORGE/MELANIE WERL
10 ACORN DRIVE
SUNFISH LAKE, MN 55077
PER JACOBSON
2840 TANAGERS LANE
EXCELSIOR, MN 55331
PAUL MODtm l
3441 SHORE DRIVE
EXC~=,~IOR. MN 55331
JAMES JASIN
3705 SOUTH CEDAR
EXCELSIOR, MN 55331
HERB PFEFFER
2850 TANAGERS LANE
EXCELSIOR. MN 55,331
MORRIS MULL.IN
3451 SHORE DRIVE
EXC~=IRIOR. MN 55331
JILL HEMPEL
3707 SOUTH CEDAR
EXCELSIOR, MN 5,5,331
NARR CONSTRUCTION INC
4817 CHANTREY CT
MINNETONKA, MN 55345
FRANCIS FABER
347.1 SHORE DRIVE
EXCELSIOR, MN 55331
BLAKE HORTON
3711 SOUTH CEDAR
EXCELSIOR, MN 55331
KYLE HUNT PARTNERS INC
18324 MINNETONKA BLVD
DEEPHAVEN, MN 55,391
RICHARD WING
3481 SHORE DRIVE
EXCELSIOR, MN 55,331
EXC~=I RIOR, MN 55331
CUFF PEDERSEN
3713 SOUTH CEDAR
EXCELSIOR, MN 5,5331
RICHARD ANDING
3715 SOUTH CEDAR
EXCELSIOR, MN 55331
ARNOLD &'ANNE WEIMERSKIRCH &
OUVE'WILSON NEUMANN
2831 SANDPIPER TRAIL
EXCELSIOR, MN 55331
KRISTEN ORTMP
2831 WASHTA BAY ROAD
EXCELSIOR, MN 5.5,331
LI~ANNINE & BRUCE HUBBARD
2841 WASHTA BAY ROAD
EXCELSIOR, MN 55331
MRS. HAZEL ANDERSON
2851 WASHTA BAY ROAD
:EXCELSIOR, MN 55331
l~m lie MANNEN
2901 WASHTA BAY ROAD
F_XCm -~;IOR, MN 55331
.-WAYNE HOLZER
2911 WASHTA BAY ROAD
-EXCELSIOR, MN 55331
KAREN HESSE
2921 WASHTA BAY ROAD
· ~XCELSIOR, MN 55331
ALAN TOLLEFSON
2931 WASHTA BAY ROAD
EXCELSIOR, MN 55331
GLENN COPPERSMITH
2941 WASHTA BAY ROAD
EXCELSIOR, MN 55331
MARK & YOMARIE OLSON
2961 WASHTA BAY ROAD
EXCELSIOR, MN 55331
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
DECEMBER 22, 1998
Chairperson Johnson called the meeting to order at 6:15 p.m.
MEMBERS PRESENT: Willard Johnaon, Carol Watson and Steven Berquist
STAFF PRESENT: C~thia Kirchoff, Planner I
A REQUEST FOR A 3 FOOT VARIANCE FROM THF~ 10 FOOT S~E YAI~r~
SETBACK FOR ~ CONSTRUC'HON OF AN P. DDITION~ RALPH AND PATRICIA
HEGMAN~ 3311 SHORE DRIVE.
Cynthia Kirchoffpresented the staffrepor~ on this item.
Berquist asked what the setback is from the drainfield.
Kirchoffresponded that a error was made on the site plan and that the drainfield does not exist.
Ralph Hegrnan stated the variance is required so a larger bedroom can be constructed on the main
level. He explained that the garage only maintains a 7 foot s~k and the addition will be
maintaining that setback and not encroaching any further. Mr. Hegrnan stated the addition will
look better on the eastern side and will be easier for thern~ He indicated that he is willing to work
on the erosion control issues.
Berquist asked if the proposed addition meets the lakeshore setback. He also questioned what
was impeding the addition from being extended towards the lake.
Patricia Hegman stated the living room and kitchen are located on that side of the home.
Mr. Hegrnan asked if the Board would like to view pictures of the site.
Berquist stated that the hill does not appear to have a 50 percent slope as the staff report states.
Kirchoff responded that it does not meet the de~nition of a bluff.
Berquist asked if there is home to the east.
Mr. Hegman stated the house has been demolished and is being rebuilt.
Berquist commented that the drainfield does not exist.
Kirchoff responded that it was an error on the architect's part so a setback is not required.
Board of Adjustments and Appeals Meeting Minutes
December 22, 1998
Page 2
Berquist commented that city water and sewer is available to the site.
Mr. Hegman stated the site plan was dram off an old plat.
Berquist stated that he does not want to see the use intensified because it is currently non-
conforming. He explained that the side yard setback ensures privacy. He commented that he
understands the request, however, he believes the addition should go up or to the lake. He stated
he would like to see the addition meet the 10 foot side yard setback.
Hegmau stated if the addition is reduced to meet the side yard setback it will be a runnel and will
not be feasible.
Berquist stated that he is undecided about this variance.
Willard Johnson stated that he feels similar and would like to see the addition meet the required
Skle yard setback. He believes there are other alternatives.
Carol Watson stated that there is land, but it is not where they would like to place the addition.
She explained that she understands their perspective.
Berquist asked if the applicant had considered purchasing property from the neighbor to the east.
Mr. Hegman stated that he has not.
Berquist stated that the additional 3 feet would solve the problem.
Mr. Hegman stated that 3 feet is really trivial. He stated that the neighboring probably will not
be subdivided in the future so encroaching into the setback would not be harmful.
Berquist stated that it would be mutually beneficial for the applicant to consider purchasing the
additional property.
Berquist moved, Watson seconded the motion to table the application. All voted in favor and the
motion c~u'ricd.
A REQUEST FOR A 7~000 SQ. FT. VARIANCE FROM THE 15~000 SQ. FT. LOT AREA
REQUIREMENT~ A 50 FOOT VARIANCE FROM THE 90 FOOT MINIMUM LOT
WIDTH REQUIREMENT~ A 5..2 FOOT VARIANCE FROM TIlE NORTH 10 FOOT
S. IDE YARD SETBACK REQUIREMENT~ A 7.3 FOOT VARIANCE FROM SOUTH 10
FOOT SIDE YARD SETBACK REQUIREMENT AND A 1 PERCENT VARIANCE
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
MARCH 2, 1999
Chairperson John.~on called the meeting to order at 6:00 p~rn~
MEMBERS PRESENT: Willard Johnson, Carol Watson and Nancy Mancino
STAFF PRESENT: C~thia Kirchoff, Planner I
A REQUEST FOR A 7~000 SQ. FT. VARIANCE FROM Ti:iF. 15~000 SQ. FT. LOT AREA
REQUIREMENT~ A 50 FOOT VARIANCE FROM TI:IF. 90 FOOT MINIMUM LOT
WIDTH REQUIREMENT~ A 5.2 FOOT VARIANCE FROM ~ NORTH 10 FOOT
SIDE YARD SETBACK REQUIREMENT~ A 1.2 FOOT VARIANCE FROM SOUTH 10
FOOT SIDE YARD SETBACK REQUIREMENT AND A 1 PERCENT VARIANCE
FROM THE 25 PERCENT MAXIMUM IMPERVIOUS SURFACE REQUIREMENT
FOR THE CONSTRUCTION OF AN ADDITION~ JOAN WRIGHT~ 6640 LOTUS TR~IL
Kirchoffpresented the staff report on this item.
Watson moved, Mancino seconded the motion to approve the variance application_ All voted in
favor and the motion carried.
APPROVAL OF MINUTES: Watson moved, Johnnon seconded the motion to approve the
minutes of the Board of Adjustments and Appeals Meeting dated January 12, 1999. Mancino
abstained. All voted in favor and the motion carried.
Johnson moved, Watson seconded tho motion to adjourn. All voted in favor and the motion
The meeting was adjourned at 6:10 p.m.
Prepared and Submitted by C~thia Kirchoff
Planner I