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1998 12 22 AGENDA CHANFI~SEN ZONING BOARD OF ADJUSTMENTS AND APPEAI~ TUESDAY, DECEMBER 22, 1998 AT 6:00 P.M. CHANHASSEN CITY HALL, 690 CTIEf CENTER DRIVE CITY COUNCIL CFIAMBERS New Business le e Request for a 3 fL variance from the 10 fL side yard setback for the construction of an addition, on property zoned RSF.and located 3311 Shore Drive, Ralph and Patricia Hegrnan. Request for a front and side yard setback variance for the construction of an addition, on property zoned RSF and located 6640 Lotus Trail, Joan Wright. 3. Approval of Minutes. Adjournment CiTY OF BOA DATE: 12/22/98 CCI)ATE: CASE#: 98- 13 VAR BT. Kirchoff:v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: A request for 3 foot variance from the 10 foot side yard setback for the construction of all addition. 3311 Shore Drive (Lot M, RLS 7) Ralph & Patricia Hegman 3311 Shore Drive Excelsior, MN 55331 (470-0925) hJ PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: RSF, Single Family Residential Approx..79 acres (34,440 sq. f~) 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 Minnewash~ that contains an existing home with a d~k. A steep slope abuts the eastern property line. 2000 LAND USE PLAN: Low Density Resident~ A ~ 62nd St. 0 0 r'. o o o o z~e:Zg~ts ./ ~Glendale I~. ?:~/ / Hegman Variance December 22, 1998 Page 2 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, replacemen~ structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity (Attachment 3). Section 20-72Co) states that ifa setback of a dwelling is nonconforming no additions may be added to the nonconforming side of the buiMing 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 Land Survey No. 7, Tract M. The existing home meets the required front yard, western side yard and lakeshore setbacks. The eastern side yard setback is non-conforming at 7 feet. The applicant is proposing to construct a 480 sq. fi. master bedroom, a 150 sq. fi" porch and 600 sq. ft. garage addition 7 feet from the eastern property line. 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 fi-om the eastern property line. 3 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 req~ents. A single family home and a 2-stall garage is typically considered a reasonable use of RSF zoned property. C-haxently, 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 thia 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. Hegrnan Variance December 22, 1998 Page 3 3 Foot Side Yard Variance for Bedroom and Porch Addition The applicant is proposing to expand the living space of the home to the east, em 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 3-4 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. Setback from the Drainfield According the site plan, a 1,000 gallon septic tank and drainfield exist just to the south of the home. State law requires that Individual Sewage Treatment Systems' (ISTS) soil treatment areas be setback 20 feet from structures (MN Rules Chapter 7080.0170, Subp. 2A (3), Table IV). The proposed addition is approximately 4.5 feet from the noted drainfield. A variance cannot be granted from this state law. 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 distance. In this instance, the slope is only 20 feet, but the grade is 50 percent. 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 demonstrated 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-conforming structure. Therefore, staff recommends denial of the 3 foot variance from the 10 foot side yard setback for the construction of an addition. Hegman Variance December 22, 1998 Page 4 Thc 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-exis~ standards in this neighborhood. Variances that blend with these pre-~ standards without departing downward from them meet this criteria. Finding: The applicant has a reasonable use of the property asa single-family home with attached garage is presently on the site. A hardship has not been demonstrated to justify a variance for a third stall on the garage and a bedroom addition. The applicant has an oppommity to construct the bedroom and porch addition within the required setbacks. Furthermore, this request will expand a non-conforming structure and setback. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification- Finding: The setback requirements axe applicable to all other properties in the RSF zoning district. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: Although this addition will increase the value of the property, staff does not believe that this is the sole purpose of the application. d. 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 sefl:meks. ew The granting o~' 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 pcamit a smaller side yard setback than what is typically found on other properties in the RSF district If the neighboring property is Hegrnan Variance December 22, 1998 Page 5 subdivided in the future, the homes could potentially be 17 feet apart, when 20 feet is required by ordinance. f. 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 variance 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 opportunity to construct an addition within the required setbacks. 2. The applicant has not demonstrated a hardship to justify granting a variance. 3. The structure does not meet the ISTS dminfield 20 foot setback as required by state law." ATTAC~NTS: 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 Owners 8:~plan~:k~xm~egman 98-13 var.doe CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION RECEIVED NOV o CITY OF CHANHAse, TELEPHONE (Day time) OWNER: ADDRESS: 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* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit , Zoning Appeal Zoning Ordinance Amendment Notification Sign X Es~iling Fees/Attorney Cost** ~$50 CJJE/SP R/VAC/VAR/WAP/Metes ~n"~-~d'~u nds,__$40OMinor SUB) ~1~' ~~ I TOTAL FEE $ ~7~';~'''~ I' ' A list of all property owners within 500 feet of the boundaries of the property must be Included with the application. Building materlal samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, Including an 8W' X 11" reduced copy of transparency for each plan sheet. Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. * NOTE - When multiple applications are 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 =! This application must be ~mpleted In full and be ~pewH~en or clearly pri~ed and ~ ~ a~mpanled by all I~o~ation and plans required by applicable C~ Ordinance provisions. Before filing this appli~lon, you s~uld. ~er w~h the Planning Depa~ment to determine the spec~ic ordinance and pm~dural requlreme~ ~pllc~le to ~ur ~plication. This is to ce~y that I am making application for the des~ibed a~lon by the C~ and that I am res~nsible fo~ ~lying w~h all Ci~ requirements wEh regard to this request. This appli~tlon s~uld be pr~essed In my name and I am the pa~y whom the City should ~a~ regarding any maffer pe~alnlng to this ~l~tion. I ~ve ~ached a ~py of proof of ownership (e~her ~py of Owner's Duplicate Ce~Eicate of T~le, ~stra~ ~ TEle or ~mhase agree~nt), or I am the autho~zed person to make this appli~tion a~ the fee owner has also s~ned ~Is ~l~tlon. I will keep myself info.ed of the deadlines for submission of mate~al a~ the progress of this ~plication. I ~her' understand that additional fees may be charged for m~u~ing fees, feasibllEy ~udles, etc. wEh an estimate pdor to any authorization to proceed w~h the study. The ~me~s and I~o~tlon I ~ve subm~ed are tree and ~ffe~ to the best of my ~owledge. I also understand that after the approval or granting of the permit, such permits shall be Invalid unless they are recorded against the tille to the property for which the a~oproval/permlt is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. Signature of Applicant' Sign.~ture of Fee Owned Application Received on 'Date · The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the 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 RECEIVE[' NOV 0 1998 (~1'1'~ OF C,HANHASc' 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 exi'sting 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 US. - Our proposed addition allows us to-take advantage of existing plumbing -- another cost Savings. - We want our expanded master bedroom to remain consistent 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. · As you can see on the enclosed site plan, granting us this three-foot variance would put the outline of our house no closer to the lot line than it already is at the north-east corner 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 second 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 K/ ZONING § 2O615 (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 "RSF" 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 ~ 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 frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of cuivilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp. No. 9 1211 § 20-615 illustrated below. CHANHASSEN CITY CODE Lots Where Frontage la Measured At 8etbaok Line L (3) The minimum 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 builaing setback line. Neck IFIIo Lots Frofl Lot Line lO0/Lot ,~ e I I I I I I ~1 II I Width ~.~_j I I t I- I I a._._l_..j (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING § 2O-632 (6) c. For side yards, ten (10) feet~ The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thi,~y (30) feet~ The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot 1/ne is to be located opposite from the front lot l/ne with the remaining exposures treated as side lot lines. On neck lots the front yard eetlmck ahall be measured at the point nearest the front lot line' where the lot achieves a ~ne-hundred-foot minimum widtl~ b. For rear yards, th{,~y (30) feet. v// c. For side yards, ten (10) feet. (7) The m_~r{m,,m height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 6(6-5-5), 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 § 20-61§(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 min{mtmm lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617m20-630. Reserved. ARTICLE NTH, q1-4" ~x~.i) LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for 8ingle-fAmily and attached residential development at a marimum 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 pemitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp. No. 9 1213 § 20-60 CHANHASSEN CITY CODE Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-~1-20-?0. Reserved. DMSION 4. NONCONFORMING USES* Sec. 20-71. Purpose. 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 enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2-10-92) j' Sec. 20.72. Nonconformlnguses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconfor~-~-g use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming 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 setback of a dwelling is nonconforming, no additions may Be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed ff normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use Was in normal operation and shall run continuously thereafter. Following the expiration of twelve (12) months, only land uses which are permitted by this ordinance shall be allowed to be established. *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 subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. $upp. Nb 4 1164 ZONING § 20-73 (d) Full use of a nonconforming land use sh~11 not be resumed ff the amount of land or floor area dedicated to the use is iessened or ff the intensity of the use is in any manner diminished for a period of twelve (12) or more months. Time shall be calculated as beginning on the dsy following the last da~ 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- stlred by hours of operation, traffic, noise, exterior storage, ~igns, oc]ors, number of employees, and other factors deemed relevant by the city. (e) Maintenance and repair of nonconforming stru~ is permittech Removal or destruc~ fion of a nonconforming 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. (ir) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city councLl 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 relptrding the relative intensities of uses. (g) If a nonconformi-~ land use is superseded or replaced by a permitted use, the non- conforming status of the premises and any rights which arise under the provisions of this section shall terminate. (Ord. No. 165, § 2, 2-10-92) Sec. 20.73. Nonconforming lots of record. (a) No variance shall be required to reconstruct a detached single-family dwelling located on a nonconforming lot of record or which is a nonconforming use if 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 destruction 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. fo) 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 rvi~um requ/remente of this chapter. (c) Except as otherwise specifically provided for detached single-family dwellings, ~here shall be no expa _~___ion, intensification, rep]aeemant, or structural changes of a structure on a nonconforming lot. (d) If two (2) or more contiguous lots are in single ownership and'flail or part of the lots do not meet the width and area requirements, of this chapter for lots in the district, the SUpp. N~ 4 1165 § 20-73 CHANHASSEN CITY CODE contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel la sold, the sale shall constitute a self-created hardship under the variance provisions of this chapter. (Or& No. 165, § g, ~-10-gg) Seca. ~.0.74-20-90. Re~erved. DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC. Sec. 2,0-91. Building permits. (a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building or structure or part thereof without first 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 parking 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. No 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 plans comply with the provisions of this chapter, the uniform building code as adopted and amended by the city and other applicable laws and ordinances. (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 unless and until a new building permit has been obtained. (Ord. No. 80, Art. III, § 4(3-1-4), 12-15-86) Cross reference--Technical codes, § 7-16 et seq. Sec. 20-92. 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 accessory 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. CO) Application for a 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 Supp. No. 4 1166 A/teru//on means any change or rearrangement, other than incidental repairs,-in the supporting members of an existing builalnE, such as bearing walls, columns .beams, girders or . interior partitions, as well as any ch-nge in dm 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/mai fced/ot means land or builaln~ used for the co~ned feeding, breeding, raising or holSing of Hvestock and poultry where the concentration of ~nlmals is such that a vegetative cover cannot be maintained within the enclosure. Pastures are not considered ~nlmal feedlots. Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas., 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 educational 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 establiAhments or single establishments plsn,~ed, developed, and managed as a ~n!t with off-street paring provided on site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and m~intenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories, replacement items, washing and lubricat- ing services, and the performance of minor automotive mslntenance and repair. This does not include msjor body repair where it is necessary to provide long term storage of cars and bo~ly parts. Bed and brea4fast 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. Block 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. '~ v/~ Bluff means a natural topographic feature such as a hill, cliff, or embankment havinE the following characteristics: (1) The slope rises at least twenty-five (25) feet above the toe of the bluff3 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. Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff. 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: 33tl 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 ff. 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 to 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: 1. Staff will 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 has been published in the Chanhassen Villager on December 10, 1998. PLEASANT ACRES HOMEOWNER BOX 12 EXCELSIOR, MN 55331 JEFFREY & DEBRA PAPKE 6!80 CARDINAL DRIVE SO SHOREWOOD, MN 55331 CAMPFIRE BOYS & GIRLS MN COUNCIL 2610 UNIVERSITY AVE. W. ST. PAUL, MN 55114 MINNEWASHTA BEACH ASSN TOM RUHLAND 6211 GREENBRIAR AVE EXCELSIOR, MN 55331 KATHLEEN LOCKHART 3618 RED CEDAR POINT DR EXCELSIOR, MN 55331 MINNEWASHTA SHORES STEVE WOOD 6341 CYPRESS DRIVE EXCELSIOR, MN 55331 BARBARA O FREEMAN 7431 DOGWOOD EXCELSIOR, MN 55331 GARY KIRT 7140 HAZELTINE BLVD EXCELSIOR, MN 55331 PEMTOM COMPANY 8200 HUMBOLDT AVE S BLOOMINGTON, MN 55431 KENNETH & DONNA DURR 4830 WESTGATE ROAD MINNETONKA, MN 55345 STRATFORD RIDGE HOMEOWN HAROLD J. TAYLOR, TREASURER 3861 STRATFORD RIDGE EXCELSIOR, MN 55331 ABRAHAM & DOROTHY ABBARI 3750 ARBORETUM BLVD PO BOX 28 CHANHASSEN, MN 55317 TROLLS-GLEN HOMEOWN ASSN 7501 WEST 77TH STREET CHASKA, MN 55318 MINNEWASHTA CREEK ASSN. ATTN NANCY NELSON 3891 LINDEN CIRCLE EXCELSIOR, MN 55331 RAFAEL FERNANDEZ 7620 CRIMSON BAY ROAD CHASKA, MN 55318 DANIEL & KAREN HERBST 7640 CRIMSON BAY ROAD CHASKA, MN 55318 JOHN FUNARI 7660 CRIMSON BAY ROAD CHASKA, MN 55318 ROB & CALl OLSON 7700 CRIMSON BAY ROAD CHASKA, MN 55318 DONALD SUEKER 3111 DARTMOUTH DRIVE EXCELSIOR, MN 55331 SUSAN FIEDLER 3121 DARTMOUTH DRIVE EXCELSIOR, MN 55331 C. JOANNE GINTHER 3131 DARTMOUTH DRIVE EXCELSIOR MN 55331 THOMAS MERZ 3201 DARTMOUTH DRIVE EXCELSIOR MN 55331 STEVE MARTIN 3211 DARTMOUTH DRIVE EXCELSIOR MN 55331 PETER & PAMELA STROMMEN 3221 DARTMOUTH DRIVE EXCELSIOR MN 55331 GREGORY & ROBIN NIEMANN 3231 DARTMOUTH DRIVE EXCELSIOR MN 55331 WARREN HANSON 3241 DARTMOUTH DRIVE EXCELSIOR MN 55331-8844 ROGER W. OAS 7301 DOGWOOD EXCELSIOR MN 55331 MARTIN JONES 7321 DOGWOOD EXCELSIOR MN 55331 JANET M QUIST ETAL 7331 DOGWOOD EXCELSIOR MN 55331 RICHARD LUNDELL 7341 DOGWOOD EXCELSIOR MN 55331 WILLIAM C. GETSCH wooo OR, MN 55331 EDWARD MONSER 3920 HAWTHORNE CIRCLE EXCELSIOR, MN 55331 TIMOTHY NELSON 3724 HICKORY EXCELSIOR, MN 55331 GETSCH CORP C/O JOHN GETSCH 18022 PRIORY LANE MINNETONKA, MN 55345 DAVID PETERJOHN 3921 HAWTHORNE CIRCLE EXCELSIOR, MN 55331 JOAN E RASK 3728 HICKORY EXCELSIOR, MN 55331 MARJORIE GETSCH 7530 DOGWOOD ROAD EXCELSIOR, MN 55331-8053 EDWARD V. OATHOUT 3940 HAWTHORNE CIRCLE EXCELSIOR, MN 55331 LOUIS PARSONS 3732 HICKORY EXCELSIOR, MN 5.5.331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD ROAD EXCELESIOR, MN 55.,331 DAVID & SALLY PETERJOHN JAMES & SHERYL BJORK 3921 HAWTHORNE CIRCLE EXCELSIOR, MN 55331 SUSAN MORGAN 3734 HICKORY EXCELSIOR, MN 55331 SCOTT VERGIN 7311 DOGWOOD ROAD EXCELSIOR, MN 55331 JEFFREY SIMON 3980 HAWTHORNE CIRCLE EXCELSIOR, MN 55331 JAMES GARFUNKEL 3738 HICKORY EXCELSIOR, MN 5.5331 MARJORIE GETSCH 7530 DOGWOOD ROAD EXCLESIOR, MN 55331-8053 JAMES J MOORE 3630 HICKORY EXCELSIOR, MN 55331 STEVEN GUNTHER 3628 HICKORY ROAD EXCELSIOR, MN 5.5331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD ROAD EXCELSIOR, MN 55331 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON, MN 55112 EILEEN BOYER 3630 VIRGINIA AVENUE WAYZATA, MN 5.5.391 PETER & DEANNA BRANDT 7570 DOGWOOD ROAD EXCELSIOR, MN 55331 GREG BOHRER 3706 HICKORY EXCELSIOR, MN 55331 RICHARD ZWEIG 3601 IRONWOOD EXCELSIOR, MN 55331 STEVE EMMINGS 6350 GREENBRIAR EXCELSIOR, MN 55331 ALFRED SMITH 3714 HICKORY EXCELSIOR, MN 55331 ROBERT W HEBEISEN 3807 IRONWOOD EXCELSIOR, MN 5,5.331 LEE HANSON 6400 GREENBRIAR EXCELSIOR, MN 55331 MARVIN YORK 3716 HICKORY EXCELSIOR, MN 55331 JIM & BETH GINTHER 3611 IRONWOOD EXCELSIOR, MN 55331 DONNA HOELKE 3621 IRONWOOD EXCELSIOR, MN 55331 KENNETH & DONNA DURR 4830 WESTGATE ROAD MINNETONKA, MN 55345 JOHN & JEAN GEISLER 3680 LANDINGS DRIVE EXCELSIOR, MN 55331 VINCENT & BETH BEACOM 11665 57TH AVE NORTH PLYMOUTH MN 55442 JAMES & CONNIE VOLLING 3700 LANDINGS DRIVE EXCELSIOR MN 55331 BRUCE & KARLA WICKSTROM 3716 LANDINGS DRIVE EXCELSIOR. MN 55331 PAUL & ALYSSA NESS 3732 LANDINGS DRIVE EXCELSIOR. MN 55331 TIMOTHY & MARY O'CONNOR 3748 LANDINGS DRIVE EXCELSIOR MN 55331 THOMAS LONDO 3764 LANDINGS DRIVE EXCELSIOR MN 55331 STEPHEN & JAN VONBEVERN PO BOX 874 CHANHASSEN, MN 55317 KEN & MARTHA SORENSON 3800 LONE CEDAR LANE CHASKA. MN 55318 SCOTT GAUER 3820 LONE CEDAR LANE CHASKA MN 55318 JOSEPH STASNEY 3840 LONE CEDAR LANE CHASKA MN 55318 ARNOLD HED 3860 LONE CEDAR LANE CHASKA MN 55318 JAMES LIPE 3880 LONE CEDAR LANE CHASKA MN 55318 WILLIAM & DEBRA HUMPHRIES 3890 LONE CEDAR LANE CHASKA MN 55318 DAN PETERJOHN 3892 LONE CEDAR LANE CHASKA MN 55318 DOUGLAS & GINGER POLINSKY 3894 LONE CEDAR LANE CHASKA MN 55318 JEROME S AHLMAN 3896 LONE CEDAR LANE CHASKA MN 55318 TERRANCE JOHNSON 3898 LONE CEDAR LANE CHASKA MN 55318 MARK AMBROSEN 3830 MAPLE SHORES DRIVE EXCELSIOR MN 55331 KENT FORSS 3850 MAPLE SHORES DRIVE EXCELSIOR MN 55331 GABRIELE WI'I-I'ENBURG 3870 MAPLE SHORES DRIVE EXCELSIOR MN 55331 DEAN/JACQUELINE SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 NANCY & DANA JOHNSON 6541 MINNEWASHTA PKWY EXCELSIOR MN 55331 CHARLES F. ANDING 6601 MINNEWASHTA PKWY EXCELSIOR MN 55331 THOMAS ALLENBURG 6621 MINNEWASHTA PKWY EXCELSIOR MN 55331 ZOE BROS 6631 MINNEWASHTA PKWY EXCELSIOR MN 55331 JAMES & JEAN WAY 6641 MINNEWASHTA PKWY EXCELSIOR MN 55331 MRS. LEE ANDERSON 6651 MINNEWASHTA PKWY EXCELSIOR MN 55331 BRUCE BO,SSHART 667,~'MINNEWASHTA PKWY E~.SIOR, MN 55331 DOUG ANDERSON 3607 RED CEDAR POINT DR EXCELSIOR, MN 5,5,,331 ROBERT OSBORNE 3815 RED CEDAR POINT DR EXCELSIOR, MN 55331 ROBERT M. JOSEPHS 6701 MINNEWASHTA PKWY EXCELSIOR, MN 55331 PAUL W LARSON 3609 RED CEDAR POINT DR EXCELSIOR, MN 55331 KENNETH SMITH 3837 RED CEDAR POINT DR EXCELSIOR, MN 5.5,331 BARBARA HEADLA 6870 MINNEWASHTA PKWY EXCELSIOR, MN 55331 DR LUMIR PROSHEK 3813 RED CEDAR POINT DR EXCELSIOR, MN 55331 RICHARD FRIEDMAN 3601 RED CEDAR POINT ROAD EXCELSIOR, MN 55331 LARRY WENZEL 6900 MINNEWASHTA PKWY EXCELSIOR, MN 55331 MARK BROECKERT 3816 RED CEDAR POINT DR EXCELSIOR, MN 55331 T. LYMAN 3603 RED CEDAR POINT RD EXCELSIOR, MN 55331 LARRY WENZEL 6900 MINNEWASHTA PI~/VY EXCELSIOR, MN 55331 EMIL SOUBA 14025 VALE COURT EDEN PRAIRIE, MN 55344 DK CONSULT B.V. 3805 RED CEDAR POINT RD EXCELSIOR, MN 55331. DONALD UNKE 7301 MINNEWASHTA PKWY EXCELSIOR, MN 55331 K LOCKHART 3818 RED CEDAR POINT DR EXCELSIOR, MN 5,5,331 WILLIAM NAEGELE 4300 BAKER ROAD MINNETONKA, MN 55343 FRANCES BORCHART 7331 MINNEWASHTA PKWY EXCELSIOR, MN 55331 STEVE KEUSEMAN 3822 RED CEDAR POINT DR EXCELSIOR, MN 55331 RALPH HEGMAN 3311 SHORE DRIVE EXCELSIOR, MN 5.5331 STEPHEN V. BAINBRIDGE 7351 MINNEWASHTA PKWY EXCELSIOR, MN 55331 ERIC BAUER 3524 RED CEDAR POINT DR EXCELSIOR, MN 55331 BARBARA WlNTHEISER 3321 SHORE DRIVE EXCELSIOR, MN 5.5331 WILMER LARSON 7381 MINNEWASHTA PKWY EXCELSIOR, MN 55331 BIRUTA M. DUNDURS 3627 RED CEDAR POINT DR EXCELSIOR. MN 55,.331 FLORENCE BISCHOFF 3331 SHORE DRIVE EXCELSIOR, MN 55331 T. FOLEY C/O RICHARD FOLEY 4804 DUNBERRY LANE EDINA. MN 55435 LINDA JOHNSON 3629 RED CEDAR POINT DR EXCELSIOR, MN 55331 WILLIAM MCDANIEL '3341 SHORE DRIVE EXCELSIOR, MN 55331 MABEL I. WHITE 3351 SHORE DRIVE EXCELSIOR MN 55331 HENRY ARNESON 3401 SHORE DRIVE EXCELSIOR MN 55331 KARL VAN LANGEN 3411 SHORE DRIVE EXCELSIOR MN 55331 WAYNE HAGEN 3421 SHORE DRIVE EXCELSIOR MN 55331 JOHN MCKELLIP 3431 SHORE DRIVE EXCELSIOR MN 55331 PAUL MODELL 3441 SHORE DRIVE EXCELSIOR. MN 55331 MORRIS MULLIN 3451 SHORE DRIVE EXCELSIOR MN 55331 FRANCIS FABER 3471 SHORE DRIVE EXCELSIOR MN 55331 RICHARD WING 3481 SHORE DRIVE EXCELSIOR MN 55331 BILL COLDWELL 3501 SHORE DRIVE EXCELSIOR MN 55331 ADA R. ANDING 3631 SOUTH CEDAR EXCELSIOR, MN 55331 HELEN M ANDING 1708 EAST 57TH STREET MINNEAPOLIS, MN 55417 CHESTER LOBITZ 3637 SOUTH CEDAR EXCELSIOR, MN 55331 EVELYN BEGLEY 3701 SOUTH CEDAR EXCELSIOR, MN 55331 GEORGE/MELANIE WERL 10 ACORN DRIVE SUNFISH LAKE, MN 55077 JAMES JASIN 3705 SOUTH CEDAR EXCELSIOR, MN 55331 JILL HEMPEL 3707 SOUTH CEDAR EXCELSIOR, MN 55331 BLAKE HORTON 3711 SOUTH CEDAR EXCELSIOR, MN 55331 CLIFF PEDERSEN 3713 SOUTH CEDAR EXCELSIOR, MN 55331 RICHARD ANDING 3715 SOUTH CEDAR EXCELSIOR, MN 55331 KEVIN & ANN EIDE 3719 SOUTH CEDAR EXCELSIOR, MN 55331 JIM & SUSAN ROSS 3725 SOUTH CEDAR EXCELSIOR, MN 55331 WILLIAM HAUGH 3727 SOUTH CEDAR EXCELSIOR, MN 55331 WILLIAM HAUGH 5441 JAMES AVENUE SO MINNEAPOLIS, MN 55419 PER JACOBSON 2840 TANAGERS LANE EXCELSIOR, MN 55331 HERB PFEFFER 2850 TANAGERS LANE EXCELSIOR, MN 55331 NARR CONSTRUCTION INC 4617 CHANTREY CT MINNETONKA, MN 55345 KYLE HUNT PARTNERS INC 18324 MINNETONKA BLVD DEEPHAVEN, MN 55391 ARNOLD & ANNE WEIMERSKIRCH & OLIVE WILSON NEUMANN 2831 SANDPIPER TRAIL EXCELSIOR, MN 55331 KRISTEN ORTLIP 2831 WASHTA BAY ROAD EXCELSIOR, MN 55331 J{Sa~NINE & BRUCE HUBBARD 2841 WASHTA BAY ROAD !LSIOR, MN 55331 MRS. HAZEL ANDERSON 2851 WASHTA BAY ROAD EXCELSIOR, MN 55331 KELLIE MANNEN 2901 WASHTA BAY ROAD EXCELSIOR, MN 55331 WAYNE HOLZER 2911 WASHTA BAY ROAD EXCELSIOR, MN 5,5331 KAREN HESSE 2921 WASHTA BAY ROAD EXCELSIOR, 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 CITY OF BOA DATE: 12/22/98 CCI)ATE: CASE #: 98- 14 VAR By:. Kirchoff:v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Requests for the following variances for the co~on of an addition: (1) A $.2 foot variance from the north property line 10 foot side yard setback; (2) An 7.3 foot ~ from the south property line 10 foot side yard setback; .. (3) A 1 percent varignce from the 25 perce~t maximum i .m~,io~ su.rf~ requirement;' (4) A 7,000 sq. i~. variance from the 15,000 sq. i~. ~irrn~n lot size requirement; and (5) A 50 foot variance from the 90 foot m~irrnm~ lot width/street frontage requirement. 6640 Lotus Trail (Lots 641,642, 671 and 672, Carver Beach) Joan Wright 6824 Thomas Avenue South Richfield, MN 55423 (869-5940) PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWEI~ PHYSICAL CHARACTER: 2000 LAND USE PLAN: RSF, Single Family Residential N/A N: S: E: W: RSF, Single Family Residential RSF, Single Family Residential Lotus Lake, Recreational Development Lake RSF, Single Family Residential Available to the site This site is a compilation of 4 lots in Carver Beach. The property is within the shoreland of Lotus Lake but does not have lake frontage. A small 595 sq. fl. cabin with a detached garage exists on the site. Low Density Residential h ist 0 0 CI 0 0 0 0 0 CD L~ ~tl L/1 '~ r~ 04 ~1 . '-?-'--0 i Wright Variance December 22, 1998 Page 2 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 20-615 (6) (a) states that a 30 foot front yard setback shall be maintained on properties zoned RSF (Attachment 2). Section 20-615 (4) states that the maximum lot coverage for all structures is 25 percent (Attachment 2). Section 20-615 (1) states that the minimum lot size is 15,000 sq. ft. for properties zoned RSF (Attachment 2). Section 20-615 (2) states that the minimum lot frontage is 90 feet for propertieS zoned RSF (Attachment 2). Section 20-72(a) states that there shall be not expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity (Attachment 3). Section 20-72Co) 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). BACKGROUND Carver Beach was platted in 1927. This is one of the oldest and most unique residential neighborhoods in the city. The lots are generally 20 feet in width and about 100 feet in depth (depending on topography and physical features). The lots, although originally intended for cottages or summer cabins, have been combined to accommodate singie family homes with attached garages. The size and shape of some of the lots, as well as the topography, makes locating a home or an accessory structure difficult at times. Hence, many variances have been granted in this area. Many of these variances were for lot area, not setbacks. Without these variances, the owner could not make a reasonable use of their property. The subject property consists of four lots and measures 40 feet by 200 feet. The site also abuts two streets, Mohawk Drive and Lotus Trail. Lotus Trail is unimproved at the intersection with Napa Drive. It is actually a "paper street" when it abuts Lots 671-72. However, it is still public right-of-way, so a 30 foot fi-ont yard setback must be maintained. The prop~ does not actually abut Napa Drive because two lots are present between the subject propea'ty and the bituminous Wright Variance December 22, 1998 Page 3 surface. A 591 square foot detached garage along with a 709 square foot, one-story cabin occupy the site. The existing home and garage do not meet the required side yard setbacks. It meets the front yard setbacks on Mohawk Drive and Lotus Trail. The applicant is proposing a 780 square foot addition to the existing structure. This addition includes a new kitchen, master bedroom, a second bedroom and deck on the southern portion of the home. The addition is proposed to maintain the northern side yard setback and encroach further into the southern side yard setback. The addition will be located between the existing garage and home. ANALYSIS The applicant is requesting five variances: a 2.5 foot side yard setback Variance on the north, an 7.3 foot side yard variance on the south, a 1 percent maximum impervious surface variance, a 7,000 sq. f~. minimum lot area variance and a 50 foot minimum lot width variance. The proposed addition will double the size of the home and increase the non-conformity of the structure and the setbacks on the side yards. Northern Side Yard Setback Variance According to the survey, the proposed addition maintains the existing 4.8 foot side yard setback from the north property line. The zoning ordinance requires a 10 foot side yard setback, so the variance request is for 5.2 feet. Since the property is only 40 feet in width and the setbacks are 10 feet on each side, only 20 feet remains for a home. Staff supports this variance request because the buildable area is limited and it maintains the existing setback. The addition will not encroach any further into the setback, although it is technically increasing the non-conformity. The ordinance does not permit non-confomfities to be increased. However, staff believes that this variance request is reasonable. Southern Side Yard Setback Variance The proposed addition maintains a 8.6 foot setback form the southern property line. Again, the zoning ordinance requires a 10 foot setback. The applicant is proposing to encroach 6 additional feet into this setback. The home will maintain a 2.7 foot side yard setback. Staff appreciates that the applicant is improving the property by the addition, however, the existing setback should be maintained. Actually, staff would like to see the required 10 foot setback maintained. However, in an effort to be reasonable and consistent staff would recommend approval of the 1.4 foot variance to maintain the existing setback. Instead of the addition measuring 24 feet by 32.5 feet it will be 24 feet by 26.6 feet. The house will be approximately 1,234 square feet, rather than approximately 1,489 square feet as proposed by the applicant. Wright Variance December 22, 1998 Page 4 The applicant is also proposing to construct a 6 foot deep deck adjacent to Napa Drive on the existing structure. The zoning ordinance permits decks to encroach 5 feet into a required setback. This will encroach 3 feet further into the setback than the ordinance permits. Staff believes the deck would be more appropriate abutting Lotus Trail while maintaining the required setback. Maximum Impervious Surface Variance The proposed addition will increase the impervious surface to 26 percent based on staff's calculations. If the addition maintains the existing setback on the south property line a variance from the impervious surface requirement will not be required. This requirement was adopted to ensure that the home was in proportion with the size of the property. Staff does not support this variance. The size of the home should reflect the size and topography of the site. This is a small site, so therefore, the home should be proportionate. Lot Area and Width Variances Staff is requiring variances from the minimum lot area and width requirements to make the property legal. This approval cannot be done administratively because the existing conditions are not 75 percent of the existing requirements. Staff supports both of these variances. This proposal does not warrant the granting of an 7.3 foot variance on the southern property line because a hardship is not present A hardship occurs when the owner does not have a reasonable - use of the property. A reamnable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a RSF zoning district, a reasonable use is a single family home. Staff believes that the applicant does have a hardship in that the width of the contiguous lots only total 40 feet. Based on the size of the existing cabin, an addition is probably warran~ However, existing setbacks should be maintained. Staff recommends that the northern 4.5 foot side yard setback variance and the southern 1.4 foot side yard setback variance be granted. Staff does not recommend approval of the southern 8 foot side.yard setback variance and the 1 percent maximum impervious surface variance. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: Wright Variance December 22, 1998 Page 5 ae 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 reco~ize that there are pm-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward fi'om them meet this criteria. Finding: A reasonable use of this property is a single family home. Ctarenfly, a small cabin exists on the site and the applicant would like to double the living space. This addition is not unreasonable, however, this addition should be located within the existing setbacks. It is assumed that these setbacks have existed on this property prior to the adoption of the zoning ordinance. St,aft'believes that approving greater variances would depart downward from existing standards. Also, it would increase the non-conformity of the structure. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The setback requirements are applicable to all other properties in the RSF zoning district. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: Although this addition will significantly increase the value of the property, staff does not believe that this is the sole purpose of the application. Many other properties in Carver Beach expanded original cabins into larger single family homes for year round occupancy. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that the request for the 8 foot variance on the southern property line is a self-created hardship. However, the variances required so that the addition maintains the existing setbacks are not self-created since the setback where in place prior to the zoning ordinance adoption~ 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 8 foot variance on the southern property line would permit a significantly smaller setback than is found in other properties in the RSF district. If the Wright Variance December 22, 1998 Page 6 acquisition of the property takes place, the home will be approximately 7 feet from the public right-of-way. The proposed variation will not imr~ir 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 e~danger the public safety or substantially diminish or irr?air property values within the neighborhood. Finding: The 8 foot variance on the southern property line would permit a slxuemre to be located clos~ to a public right-of-way than would be typically found in the RSF zoniag district. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals .adopt the following motions: '~I'he Board of Adjustments and Appeals approves a 5.2 foot variance from the 10 foot northern property line side yard setback, a 1.4 foot variance from the 10 foot southern property line side yard, 7,000 sq. ~ variance from the 15,000 sq. fl~ minimum lot area requirement and a 50 foot variance. from the 90 foot minimum lot frontage requirement for an addition based upon the findin~ presented in the staff report." 'Whe Board of Adjustments and Appeals denies the request for a 7.3 foot variance from the 10 foot southern side yard setback and a 1 percent variance from the 25 percent maximum impervious surface requirement for an addition based upon the findings presented in the staff report and the following: 1. The applicant has a reasonable opportunity to construct an addition within the existing setbacks." ATTACHMENTS: 1. Application 2. Section 20-615,. RSF Zoning Requirements 3. Section 20-72, Nonconforming Uses and Structures 4. Survey and Proposed House Interior g:~planV:kR~oa\wright 98-14 vex.dot CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION TELEPHONE (Day time ~___~._.~ / --..-~[~.:'~....."~ ,. Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit · . Planned Unit Development* L Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit · Zoning Appeal Zoning Ordinance Amendment Notification Sign . X Escro.,~,,fi3r Filing Fees/Attorney Cost** ~$50,/CU P/SPR/VACNAR/WAP/Metes ~ Bounds, $400 Minor SUB)I'~ TOTAL FEE $ "7~"O~ A ilst of all property owners within .500 feet of the boundaries of the property must be Included with the application. Building material samples must be submitted with site plan reviews. *Twenty-slx full slze .folded copies of the plans must be submitted, Including an 81/2'' X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract ~,~r',T=. ~m,-,,~ ,-,-,, ,l*;n~,', ~nn~;,"=tinn~ RrR nrncessed, the aooroi~riate fee shall be charged for each application. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LEGAL DESCRIPTION PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION o~ation and plans required by applicable C~ Ordinance provisions. Before filing t~s appll~ion, you s~uld. ~er w~h the Planning Depa~ment to determine the spec~ic ordinance and pro.dural requlreme~ ~pl~le ffi ~ur ~plication. This is to ce~y that I am making application for the des~bed a~n by the C~ and that I am ms.risible fo~ w~h all Ci~ requirements w~h regard to this request. ~is a~li~tion s~uld be p~essed In my ~me a~ I am the pang whom the City should ~a~ regarding any maffer peAainl~ to this ~l~t~n. ! have ~ached a ~py of proof of ownership (e~her ~py of ~ner's Duplicate Ce~ffi~te of T~le, ~ra~ M T~e or ~mhase agree~nt), or I am the authorized person to make this appli~tion a~ the fee owner hM also s~ned ~ls ~l~tion. I will keep myself informed of the deadlines for submission of material and the progress of this applic~tion. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior t~ any authorization to proceed with the study. The documents and Information I 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 Otfice~ the original document retumed to City Hall Records. . Signatd~ of Applicant - ' ' Date Date ' The applicant should contact slaff for a copy of the ~taff report which will be avallable on Friday prior to the · i i Tuesday, December 1, 1998 City of Chanhassen Board of Adjustments and Appeals Chanhassen, MN 5§$17 Dear Board: I am applying for a variance to the property at 6640 Lotus Trail to put an addition onto the existing home. At present this home is a one bedroom log cabin. I would like to put on an addition to make it two bedrooms with extra living space, plus new kitchen and a utility room so the furnace can be moved from under the house. Once this is completed then my husband and I would move out there to live on a full time bases. Please see the enclosed plot and plans for the addition. As you may or may not know I am also in the process via my attorney Margaret Grathwol Bernadi of obtaining ownership of the strip of land Lot 643 and 678 which appears at this time to belong to no one. We have been maintaining these lots and driving across them since 1937. Depending on the result of this acquisition, the addition will be either 2.6 feet from the property line on the Napa Drive side or 22.6 feet. The existing home front is already 88.8 feet from the front road which is Lotus Trail. The addition is also planned to fit within the space of the two existing buildings already on the property. The literal enforcement of the existing Chapter would cause undue hardship as the property cannot be put to reasonable use beause of its size. Reasonable use includes a use made by a majority of comparable property within five hundred (500) feet of it. The proposed variance will not be detrimental to the public welfare or injurious to other land in the neighborhood, nor will it impair an adquate supply of light and air to adjacent property or substantially demish or impair property values within the neighborhood. I am willing to pay for the city to obtain the names and addresses of the property owners within 500 feet of the property boundaries~ I hope we can get this variance in a timely manner so that we can begin building as soon as weather permits. Any further information I can give you, please don't hesitate to contact me by phone as noted on the enclosed application. Thank you for your time and consideration of this matter. ='. ZONING § 20-615 (2) Storage building. (3) Swimmlng 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 "RSF" 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 "RSI~ District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is ~ 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 frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" 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. No. 9 1211 § 20-615 illustrated below. CHANHASSEN CITY CODE Lots Where Frontage lB Msasurecl At 8etbiok Une L (3) The minimum 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 building setback line. Neck I Flag Iota Fron Lot Line /. 100~Lot Width (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING § 20-632 .. c. For s/de yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall 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 re_m~inln~ 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. c. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structm-e, 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~S~on 2 of Ord. No. 145 purported to amend § 20-615(6)b. pert~inlng 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 previsions 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) Secs. 20-617--20-630. Reserved. ARTICI.~.. ~/HI. 5~,-4" l~x~:~ LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for Single-f~mily 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 permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp. No. 9 1213 § 20-60 CHANHASSEN CITY CODE Sec. 20-60. Denial. Variances may be deemed by the board of adjustments and appeals and the council, a,~d such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. DMSION 4. NONCONFORMING USES* Sec. 20-71. Parpose. 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 enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2-10-92) Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconfor,,~ing 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 setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed ff normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of twelve (12) months, only land uses which are permitted by this ordi-nnce shall be allowed to be established. *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 subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. t~upp. No~ 4 1164 ZONING § 2O-73 (cl) Full use of a nonconforming land use shall not be resumed if the amount of land or floor area dedicated to the use is iessened or if the intensity of the use is in any manner dlm{,~i,hed for a period of twelve (12) or more months. Time shall be calculated as beginning on the ~LY following the last cl~ in which the nonconforming land uae was in full operation and shall nm 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 storaEe, aiKns, odors, number of employees, and other facto/s deemed relevant by the city. (e) Maintenance and repair of nonconforming stru~ is permitted. Removal or destru~ fion of a nonconforming stru~ 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- formb~g land use of less intensity ff it is in the public interest. In all instances the applicant has the burden of proof regardl-g 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 premiss and any rights which arise under the provisions of this section shall terminate. (Ord. No. 165, § 2, 2-10-92) Sec. 20-73. Nonconform;,,g lots of record- (a) No variance shall be required to reconstruct a detached single.family dwelling located on a nonconforming 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 s~rne size in building height and floor area as the destroyed structure. Reconstruction shall commence within two (2) years of the date of the destruction 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. (b) 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 (715) percent of the minimum requirementa of this chapter. (c) Except as otherwise specifically provided for detached single.family dwellings, ~ere shall be no expandon, intensification, replacement, or structural changes of a structure on a nonconforming lot. (d) If two (2) or more contiguous 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 Supp. No~ 4 1165 § C~IANHA~SEN CITY CODE contiguous lot~ ~hall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is ~oM, the sale shall constitute a sell-created hardship under the variance provisions of this chapter. (Ord. No. 165, § 2, 2-10-92) Secs. 20.74-20-90. Re, reveal. DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC. Sec. 20-91. Building permits. (a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building or structure or part thereof without first 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 parking 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. No 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 plans comply with the provisions of this chapter, the uniform building code as adopted and amended by the city and other applicable laws and ordinances. (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 unless and until a new building permit has been obtained. (Ord. No. 80, Art. III, § 4(3-1-4), 12-15-86) Cross reference-Technical codes, § 7-16 et seq. Sec. 20-92. 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 accessory 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 a 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 Supp. No. 4 1166 0 · MEI=IILA-HANBEN~ INC. .° .. · 67th'Ave.. No. Center, MN 55430 2/560-1660 13907 SDrjng L~kl' Fid. Minnetonka, MN 55343 612/938-5678 . i i · i i i ~, i i i I heruby certify Ihal lhis is a true and correcl representation of a survey o~ the Ix)u~dariesol Iht: above described land and of the location of all-buildings. if any. thereot~, and all visible encroachments, if any. from or on said land. J As . i L o'r~'~.~ · · ' / -', :ac-..----z,.-".~ '~'i ............ "" '~' ''-' .. · · ~ · i~ARNOTICE OF PUBLIC HEARING D OF ADJUSTMENTS AND APPEALS Tuesday, December 22, 1998 at 6:00 p.m. City Hall Council Chambers 690 City Center Drive 6640 Lotus Trail Lotus Lake PROJECT: Front and Side Yard Setback Variance APPLICANT: Joan Wright LOCATION: 6540 Lotus Trail NOTICE: You are invited to attend a public hearing about a development, proposed in your area. The applicant, Joan Wright, is requesting a front and side yard setback variance for the Construction of an addition, on property zoned RSF and located 6640 Lotus Trail. What Happens at the Meeting: The purpose of this public headng is to 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: 1. Staff will 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 has been published in the Chanhassen Villager on December 10, 1998. DNR - REAL ESTATE MGT. ATTN: TAX SPECIALIST 500 LAFAYE'I-I'E ROAD ST. PAUL, MN 55155-4030 KENTON D. KELLY 6539 GRAY FOX CURVE CHANHASSEN, MN 55317 RICHARD & KATHLEEN DENMAN 6661 HORSESHOE CURVE CHANHASSEN, MN 55317 SUNRISE HILLS PO BOX 184 CHANHASSEN, MN 55317 JOHN & JANE THIELEN 665 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 JOSEPH J. SMITH 224 WILSON ST W PO BOX 213 NORWOOD, MN 55368 NEAR MOUNTAIN LAKE ASSOC 630 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 GARY/CYNTHIA SCHNEIDER 640 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 LARRY A KOCH 471 BIGHORN DRIVE CHANHASSEN, MN 55317 THOMAS JONES 480 BIGHORN DRIVE CHANHASSEN, MN 55317 ANN HOC-.-.-.-~N & M. IMMERMAN 481 BIGHORN DRIVE CHANHASSEN MN 55317 DON MEHL 490 BIGHORN DRIVE CHANHASSEN MN 55317 LEONARD KISKIS 491 BIGHORN DRIVE CHANHASSEN MN 55317 DEAN STANTON 510 BIGHORN DRIVE CHANHASSEN MN 55317 GUY SWANSON 610 CARVER BEACH ROAD CHANHASSEN MN 55317 PAUL & KARl ROMPORTL 620 CARVER BEACH ROAD CHANHASSEN MN 55317 JOHN HAGEDORN 630 CARVER BEACH ROAD CHANHASSEN. MN 55317 JOHN LANG 640 CARVER BEACH ROAD CHANHASSEN MN 55317 CONSTANCE CERVILLA 650 CARVER BEACH ROAD CHANHASSEN. MN 55317 HENRY SOSIN 7400 CHANHASSEN ROAD CHANHASSEN MN 55317 FRED OELSCHLAGER 7410 CHANHASSEN ROAD CHANHASSEN MN 55317 CAROLYN WETTERLIN 7420 CHANHASSEN ROAD CHANHASSEN MN 55317 IRVING RAYMOND 7440 CHANHASSEN ROAD CHANHASSEN MN 55317 TIMOTHY MCHUGH 7450 CHANHASSEN ROAD CHANHASSEN MN 55317 HARVEY PARKER 7480 CHANHASSEN ROAD - CHANHASSEN MN 55317 JEFF BORNS 7490 CHANHASSEN ROAD CHANHASSEN MN 55317 LOUIS TESLER 7500 CHANHASSEN ROAD CHANHASSEN MN 55317 GREGORY LINDSLEY 7510 CHANHASSEN ROAD CHANHASSEN MN 55317 LARRY MON P.O. BOX 39553 EDINA, MN 55439 MARK ENGASSER '7000 DAKOTA CHANHASSEN, MN 55317 ~ENNIS FLAHERTY DAKOTA IHASSEN. MN 55317 DUSTYN BOSWELL 7501 ERIE AVENUE CHANHASSEN, MN 55317 GREGORY CRAY 200 FRONTIER COURT CHANHASSEN, MN 55317 CAROLYN BLOOMBERG 7008 DAKOTA CHANHASSEN. MN 55317 JACKIE HAMMETT 7506 ERIE AVENUE CHANHASSEN, MN 55317 WILLIAM KIRKVOLD 201 FRONTIER COURT CHANHASSEN, MN 55317 STEVEN POSNICK 3400 DAKOTA AVENUE ST. LOUIS PARK, MN 55416 ROBERT AMICK 581 FOX HILL DRIVE CHANHASSEN, MN 55317 PETER J DAHL 220 FRONTIER COURT CHANHASSEN, MN 55317 HENRY NEILS 7012 DAKOTA CHANHASSEN, MN 55317 DAVID SANFORD 6440 FOX PATH CHANHASSEN, MN 55317 LAURA MUELLER 7199 FRONTIER TRAIL CHANHASSEN, MN 55317 FRANK HETMAN JR. 7014 DAKOTA CIRCLE CHANHASSEN, MN 55317 TOM HUBERTY 6450 FOX PATH CHANHASSEN, MN 55317 ROLF G. ENGSTROM 7201 FRONTIER TRAIL CHANHASSEN, MN 5.5317 EVAN NIEFELD 7016 DAKOTA CIRCLE CHANHASSEN, MN 55317 MICHAEL HAYDOCK 6460 FOX PATH CHANHASSEN, MN 55317 PAT & KATHY PAVELKO 7203 FRONTIER TRAIL CHANHASSEN, MN 55317 MICHAEL HEER 2155 W. MARCH LANE SUITE 1D STOCKTON, CA 95207 KEITH M. HOFFMAN 6470 FOX PATH CHANHASSEN, MN 55317 SHIRLEY NAVRATIL 7337 FRONTIER TRAIL CHANHASSEN, MN 55317 ANDREW CLEMENS 6687 DEERWOOD DRIVE CHANHASSEN, MN 55317 JEFFREY & LYNN PORRITT 6510 FOX PATH CHANHASSEN, MN 55317 ARLIS BOVY 7339 FRONTIER TRAIL CHANHASSEN, MN 55317 KURVERS PT HOMEOWNERS ATrN: TANYA GLA3-rLEY 21 BASSWOOD DRIVE CHANHASSEN, MN 55317 ZACHARY DEVELOPMENT 7201 METRO BLVD. MINNEAPOLIS, MN 55439 BOB GREELEY 7341 FRONTIER TRAIL CHANHASSEN, MN 55317 IEW A HISCOX 7508 ERIE AVENUE CHANHASSEN, MN 55317 TOM & CHERYL EBENREITER 6530 FOX PATH CHANHASSEN, MN 55317 ROBERT H HORSTMAN 7343 FRONTIER TRAIL CHANHASSEN, MN 55317 GEORGE PRIEDITIS 7401 FRONTIER TRAIL CHANHASSEN MN 55317 LORNA ASHLING PO BOX 382 CHANHASSEN MN 55317 BLAIR & NANCY ENTENMANN 7407 FRONTIER TRAIL CHANHASSEN MN 55317 ROBERT SOMERS 7409 FRONTIER TRAIL CHANHASSEN. MN 55317 TOM HAROLD 7411 FRONTIER TRAIL CHANHASSEN MN 55317 ROGER KARJALAHTI 7413 FRONTIER TRAIL CHANHASSEN MN 55317 MICHELE KOPFMANN/RICHARD GILLEAPIE 7415 FRONTIER TRAIL CHANHASSEN MN 55317 JOHN & KRISTI SESTAK 7417 FRONTIER TRAIL CHANHASSEN, MN 55317 FRONTIER TRAIL ASSOC C/O MRS. WILLIAM KIRKVOLD 201 FRONTIER COURT CHANHASSEN, MN 55317 JEFF HILDEN 20 HILL STREET CHANHASSEN, MN 55317 JOHN & DONNELLA SEGNER 30 HILL STREET CHANHASSEN MN 55317 JOHN MELBY 40 HILL STREET CHANHASSEN MN 55317 RON HARVlEUX 6605 HORSESHOE CURVE CHANHASSEN MN 55317 JOHN DANIELSON 6607 HORSESHOE CURVE CHANHASSEN MN 55317 RAYMOND BROZOVICH 6609 HORSESHOE CURVE CHANHASSEN MN 55317 THOMAS GILMAN 6613 HORSESHOE CURVE CHANHASSEN MN 55317 JAMES KEIPER 6615 HORSESHOE CURVE CHANHASSEN MN 55317 LADD R CONRAD 6625 HORSESHOE CURVE CHANHASSEN MN 55317 HAROLD & KATHRYN DAHL 6631 HORSESHOE CURVE CHANHASSEN MN 55317 PHILIP ISAACSON 6633 HORSESHOE CURVE CHANHASSEN MN 55317 DOUG & BETH BITNEY 6645 HORSESHOE CURVE CHANHASSEN MN 55317 FRANK KUZMA 6651 HORSESHOE CURVE CHANHASSEN MN 55317 EVELYN ALBINSON 6655 HORSESHOE CURVE CHANHASSEN, MN 55317 RICHARD & KATHLEEN DENMAN 6661 HORSESHOE CURVE CHANHASSEN MN 55317 YORIKO PRICE 6663 HORSESHOE CURVE CHANHASSEN MN 55317 JOHN CUNNINGHAM 6665 HORSESHOE CURVE CHANHASSEN MN 55317 DAVID KOPISCHKE 6675 HORSESHOE CURVE CHANHASSEN MN 55317 DORIS ROCKWELL 6677 HORSESHOE CURVE CHANHASSEN MN 55317 JEFF & JUDI KVILHAUG 6681 HORSESHOE CURVE CHANHASSEN MN 55317 JOHN RYAN 6685 HORSESHOE CURVE CHANHASSEN MN 55317 I~ELEN HARTMANN iSS ORSESHOE CURVE EN. MN 55317 SANDRA OLSON 6691 HORSESHOE CURVE CHANHASSEN, MN 55317 CHARLES C. HURD 6695 HORSESHOE CURVE CHANHASSEN, MN 55317 JOHN HAMME'I'T 6697 HORSESHOE CURVE CHANHASSEN. MN 55317 ALAN KRAMER 531 INDIAN HILL ROAD CHANHASSEN. MN 55317 FRANK KURVERS 7220 KURVERS POINT ROAD CHANHASSEN, MN 55317 MELVIN KURVERS 7240 KURVERS POINT ROAD CHANHASSEN. MN 55317 DOUG MACLEAN 7280 KURVERS POINT ROAD CHANHASSEN, MN 55317 DANNY & BRENDA VATLAND 7290 KURVERS POINT ROAD CHANHASSEN, MN 55317 & JANICE STRAND 18909 KINGWOOD TERRACE MINNETONKA. MN 55345 JEFF VanTHOURNOUT 7320 KURVERS POINT ROAD CHANHASSEN, MN 55317 SUSAN HENDERSON 7330 KURVERS POINT ROAD CHANHASSEN. MN 55317 RONALD HAINES 7340 KURVERS POINT ROAD CHANHASSEN MN 55317 CHARLES APPLEGATE 7350 KURVERS POINT ROAD CHANHASSEN, MN 55317 SUSAN & ALLEN APPLEGATE 7360 KURVERS POINT ROAD CHANHASSEN, MN 5,5317 SEYMOUR & SANDRA RESNIK 7370 KURVERS POINT ROAD CHANHASSEN MN 55317 CHARLES & JUDY PETERSON 708 LAKE POINT CHANHASSEN MN 55317 RALPH & JANICE MEYER 716 LAKE POINT CHANHASSEN, MN 55317 ALAN LAWRENCE 724 LAKE POINT CHANHASSEN MN 5,5317 TERRY VOGT 732 LAKE POINT CHANHASSEN. MN 55317 TODD D & SUSAN L ERICKS~N ELFTMANN 740 LAKE POINT CHANHASSEN, MN 55317 GREG HEDLUND 748 LAKE POINT CHANHASSEN. MN 55317 GREG HEDLUND 748 LAKE POINT CHANHASSEN. MN 55317 JERRY KRIESLER 764 LAKE POINT CHANHASSEN, MN 55317 NED TABAT 772 LAKE POINT CHANHASSEN. MN 55317 MICHAEL POSTON 780 LAKE POINT CHANHASSEN, MN 55317 ROBERT J. DORAN 788 LAKE POINT CHANHASSEN, MN 55317 A.J. FOX 7300 LAREDO DRIVE CHANHASSEN, MN 55317 RICHARD & EUNICE PETERS 7301 LAREDO DRIVE CHANHASSEN; MN 5.5317 STUART BAIRD 7303 LAREDO DRIVE CHANHASSEN, MN 55317 MARIE SCHROEDER 6600 LOTUS TRAIL CHANHASSEN, MN 55317 WILLIAM BENSON 6630 LOTUS TRAIL CHANHASSEN, MN 55317 JOAN WRIGHT / MERMON TOCK 6824 THOMAS AVE S, RICHFIELD, MN 55423 MARTHA NYGREN 6650 LOTUS TRAIL CHANHASSEN MN 55317 CHRIS/CYNTHIA ANDERSON 6680 LOTUS TRAIL CHANHASSEN MN 55317 CHRIS ANDERSON 6680 LOTUS TRAIL CHANHASSEN MN 55317 PAULA VELTKAMP 6724 LOTUS TRAIL CHANHASSEN MN 55317 ERIC MEESTER 6610 MOHAWK DRIVE CHANHASSEN MN 55317 MICHAEL WEGLER 6630 MOHAWK DRIVE CHANHASSEN MN 55317 VERMONT ISAACSON 6640 MOHAWK DRIVE CHANHASSEN MN 55317 AARON & MEGAN GORDON 6650 MOHAWK DRIVE CHANHASSEN, MN 55317 KEITH GUNDERSON 6661 MOHAWK DRIVE CHANHASSEN, MN 55317 DAVID G HOLUB 6670 MOHAWK DRIVE CHANHASSEN, MN 55317 DONALD SENNES 6680 MOHAWK DRIVE CHANHASSEN, MN 55317 PETER LUSTIG 6699 MOHAWK DRIVE CHANHASSEN, MN 55317 DONALD SENNES 6680 MOHAWK DRIVE CHANHASSEN, MN 55317 ROBERT SATHRE 365 PLEASANT VIEW ROAD CHANAHSSEN, MN 55317 RANDY SMITH 429 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 DONN ANDRUS 449 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 TODD ADAMS 469 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 ROBERT L POST 489 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 CURTIS ANDERSON 500 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 JOHN R VON WALTER 510 PLEASANT VIEW ROAD CHANHASSEN MN 55317 DOUG & LANA HABERMAN 520 PLEASANT VIEW ROAD CHANHASSEN MN 55317 HARVEY ROBIDEAU 540 PLEASANT VIEW ROAD CHANHASSEN MN 55317 THOMAS SEIFERT 600 PLEASANT VIEW ROAD CHANHASSEN MN 55317 JOHN NICOLAY 608 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 PETER THIELEN 665 PLEASANT VIEW ROAD CHANHASSEN MN 55317 THOMAS & JUDY MEIER 695 PLEASANT VIEW ROAD CHANHASSEN MN 55317 MONA JEAN KAHL JOHN ARMITAGE & SHONDA WARNER 745 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 ALAN W. LENHART PLEASANT VIEW WAY HASSEN, MN 55317 ROBERT MIDNESS 112 SANDY HOOK ROAD CHANHASSEN, MN 55317 PEGGY NAAS/STEVE MESTITZ 7200 WILLOW VIEW COVE CHANHASSEN, MN 55317 BLAISE & KAY WATSON 750 QUIVER DRIVE CHANHASSEN, MN 55317 WILLIAM SPLIETHOFF 113 SANDY HOOK ROAD CHANHASSEN, MN 55317 BRIAN BATZLI 100 SANDY HOOK ROAD CHANHASSEN, MN 5.5317 TOM PALMBY 114 SANDY HOOK ROAD CHANHASSEN MN 55317 PETER MOSCATELLI 102 SANDY HOOK ROAD CHANHASSEN, MN 55317 STEVE FROST 80 SANDY HOOK ROAD CHANHASSEN MN 55317 CHASE & DIANE BOHLIG 5200 RIDGE ROAD EDINA, MN 55436 GARY MILLER 7632 SOUTH SHORE DRIVE CHANHASSEN MN 55317 SCO'l-r & CATHY NELSON 106 SANDY HOOK ROAD CHANHASSEN, MN 55317 STEVEN & CAROL DONEN 7636 SOUTH SHORE DRIVE CHANHASSEN, MN 55317 GLADYS MCCARY 108 SANDY HOOK ROAD CHANHASSEN, MN 55317 THOMAS & PAMELA DEVINE PO BOX 714 CHANHASSEN MN 55317 JOHN S KERN 109 SANDY HOOK ROAD CHANHASSEN, MN 55317 SANDRA SEDO 7644 SOUTH SHORE DRIVE CHANHASSEN MN 55317 GLADYS MCCARY 108 SANDY HOOK ROAD CHANHASSEN, MN 55317 COLONIAL GROVE ASSOC. CHARLES HIRT 7007 CHEYENNE TRAIL CHANHASSEN, MN 55317 B & SUE MIDNESS 112 SANDY HOOK ROAD CHANHASSEN, MN 55317 MARK SENN 7160 WILLOW VIEW COVE CHANHASSEN, MN 55317 CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING DECEMBER 1, 1998 Chairperson Johnson called the meeting to order at 6:10 pan. MEMBERS PRESENT: Willard Johnson, Carol Watson and Stcven Berquist STAFF PRESENT: C~thia Kirchoff, Planner I A 12~515 SQ. FF. VARIANCE FROM THE 20~000 SQ. FF. LOT AREA REQUIRE~NT~ A 12.5 FOOT VARIANCE FROM ~ 90 FOOT LOT WIDTH REQUIREMENT~ A 17 FOOT VARIANCE FROM ~ 30 FOOT FRONT YARD SETBACK REQUREMENT~ A 7 FOOT VARIANCE ON ~ WESTERN PROPERTY LINE FROM ~ 10 FOOT SIDE YARD SETBACK REQUIREMENT~ AN 11 FOOT VARIANCE FROM ~ 75 FOOT SHORELAND SETBACK REQUIREMENT~ A 51 FOOT VARIANCE FROM THE 75 FOOT LOT WIDTH REQUIREMENT FOR RECREATIONAL DEVELOPMENT LAKE LOTS FOR ACCESS AND A 5 PERCENT VARIANCE FROM THE MAXIMIYM IMPERVIOUS SURFACE REQUIREMENT~ BOB AND BRINN WITT~ LOT 42~ SHORE ACRES. C~thia Kirchoffpresented the staff report on this item. Dennis Mills, Lake Riley Water Association, stated he is concerned about the 24 foot shoreline width. Don Sitter, 9249 Lake Riley Blvd., stated he would like to see a home built on the property, however, it should be constructed within the 1,550 sq. i~. ofbuildable area. He would be comfortable with a 6 foot front yard setback variance, but would discourage the side yard setback variance, the lakeshore setback variance, the impervious surface variance, and minimum width for lake access variance. He expressed concern with the proposed plan overwhelming the property. Bob Witt stated it is challenging to design a home for this property and their original plans have been scaled down. He explained they utili?~l the same home footprint as the 1989 variance request. Mr. Witt stated the home size is reasonable for today's homes. He explained they would like the home to be a small cottage and have settled for a 2-stall garage in.stead of a 3-stall as they originally wanted. He stated they need relief from the front yard setback requirement. Richard Chadwick, 9530 Foxford Road, stated he is concerned with the runoff and pollution into Lake Riley because of past problems. He also expressed concern with keeping the ambiance of the neighborhood. Mr. Chadwick said he would like to see the home maintain the 75 foot lakeshore setback and other required setbacks. He mentioned the only variance he feels comfortable with is the front yard setback. Board of Adjustments and Appeals Meeting Minutes December 1, 1998 Page 2 Gary Bershow, 9271 Kiowa Trail, stated that he supports Don Sitter's presentation. He believes that the home should maintain the lakeshore setback and not have the dock. Watson moved, Berquist seconded the motion to close the public hearing. All voted in favor and the motion carried. Berquist stated he is willing to grant a front yard setback variance and a side yard setback variance. He questioned the number of lakeshore variances on Lake Riley. Kirchoff responded that many of the properties that have received variances were lacking the depth to accommodate a home and the 75 foot shoreland setback. Berquist questioned the rationale for granting lakeshore variances. Watson stated many of the variances were granted for additions to an existing home in an attempt to make them more livable. Berquist stated he is willing to grant a lakeshore variance, but the impervious surface variance is dictated by the other variances that may be granted. He explained he is uncomfortable approving the variance for the lake access because of the narrowness of the lot. He asked if the other properties on Lake Riley have been granted variances to maintain a dock. Kirchoff responded that the docks were existing. Berquist stated he is willing to grant a variance for the dock and a small variance from the impervious surface requirement. He reiterated that he will support a minimal lakeshore variance, a side yard setback variance on the western property line and a 17 foot variance from the front yard setback. Watson stated she is concerned about the additional vehicles being parked on the street because of the reduced driveway. Johnson stated the driveway should be able to accommodate a pick-up track. Kirchoff mentioned that the proposal is an end-loading garage, therefore, the driveway is longer. Watson stated that the proposal may not work. Berquist stated an end-loading is not appropriate for the lot's width. Board of Adjustments and Appeals Meeting Minutes December 1, 1998 Page 3 Watson asked if a 20 foot front yard setback was appropriate. Berquist stated the setback should be consistent with neighboring properties. Watson stated 20 feet is reasonable. Mr. Witt said if the garage is front-loading it will collide with the Sitter's driveway and potentially block their access. Watson asked how it is possible to enter an end-loading garage on the narrow lot. Mr. Witt said it will be fight. He mentioned Sim Sessup was granted a 16 foot variance and he is only requesting a few additional feet. He stated variances were already granted on thig property. Watson stated the Board reviewed a specific house proposal in 1989. Berquist said they could give the applicant guidelines. Watson stated the applicant should exphfin what variances they need~ Witt stated they want what was approved in 1989. He explained the sale is contingent upon the variances being approved. Watson stated this is a very small lot. Johnson stated he would approve a 20 foot front yard setback. Watson said the Board needs to give the applicant guidelines. She asked if the other members were willing to approve a variance on the road or lake. Johnson stated the existing neighborhood setback is 20 feet. Berquist stated the Board could tie the variances back to the maximum impervious surface permitted. Johnson asked if the Board would approve a variance from the lake setback. Watson reiterated the setbacks from the 1989 proposal, a 15 foot front yard setback, a 5.5 foot western side yard setback and a 68 foot lakeshore setback. Johnson stated he would like to maintain 7 feet on the western property line. Board of Adjustments and Appeals Meeting Minutes December 1, 1998 Page 4 Berquist stated the home would have to maintain a 16 foot front yard setback, a 7 foot westem side yard setback, a 10 foot eastern side yard setback and a 75 foot lakeshore setback. Watson said she is fine with the 16 foot setback. Berquist asked if the Board would consider a variance from the lakeshore setback. Watson stated she would consider a 5 foot variance from the lakeshore setback. Berquist stated the Board should provide parameters for the applicant. Watson stated the impervious surface cannot exceed 25 percent. Berquist asked if there are any problems with the guidelines. Kirchoff responded that the home proposal may exceed 25 percent. Watson stated the home should be located within the setbacks and shall not consume the entire buildable area. Johnson asked if the setbacks were measured to the foundation. Kirchoff said they are measured to the eave or projection if a variance is granted. Berquist stated he may approve a variance from the impervious surface requirement. Watson stated the home can be located within the guidelines the Board is giving. Berquist stated the hard surface should be limited to 25 percent within the guidelines. Johnson asked if the Board wanted to table the item. Watson moved, Johnson seconded the motion to table the application with the following guidelines: a 14 foot front yard setback variance, a 3 foot western side yard setback variance, and a 5 foot lakeshore setback variance. All voted in favor and the motion carded. Mr. Witt asked how the total height of the home is measured. Kirchoff responded that it is averaged. Board of Adjustments and Appeals Meeting Minutes December 1, 1998 Page 5 APPROVAL OF MINUTES: Watson moved, Berquist seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated November 10, 1998 with the changes. All voted in favor and the motion carried. Watson stated the Board has suggested parameters for the design of the home and that the maximum impervious surface will limit the size of the home. Watson moved, Johnson seconded the motion to adjourn. All voted in favor and the motion The meeting was adjourned at 7:20 p.m. Prepared and Submitted by C~thia Kirehoff Planner I