1998 05 12 AGENDA
CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS
TUESDAY, MAY 12, 1998 AT 6:00 P.M.
CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
Ii
,
A request for a 5 foot variance from the 10 foot side yard setback for the construction of a
kitchen and living room addition, 7407 Frontier Trail, Blair and Nancy Entenmamx
Approval of Minutes.
Adjournment
CITY OF
BOA DATE: 5/12/98
STAFF
REPORT
BT. Kirchoff:v
Z
<1:
0
PROPOSAL:
LOCATION:
APPLICANT:
A request for a S'foot variance from th~ 10 foot side yard setback for the
construction of a kitchem and living room addition.
7407 Frontier Trail
(Lot 6, except the northeasterly 15 feet thereof and except the southeasterly
25 feet, Auditor's Subdivision #2)
Blair and Nancy Entenmann
7407 .Frontier Trail
Chanhasserh MN 55317
(949-1277)
Ixl
PRESENT ZONING:
ACREAGE:
DENSITY:
"; kOJAC~rr ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
RSF, Single Family Residential
Appro~ly 19,00O sq. fc
N/A
N:
S:
E:
W:
RSF, Single Family Residential
RSF, Single Family Residential
RSF, Single Family Residential
RSF, Single Family Residential
Available to the site
The site is a riparian lot on Lotus Lake.
home and detached garage exists on the site.
A single family
2000 LAND USE PLAN: Low Density Residential
Entenmann Variance
May 6, 1998
Page 2
APPLICABLE REGULATIONS
Section 20-615 states that in single family residential districts the minimum side yard setback is
10 feet.
Section 20-72 states that nonconforming uses should not be expanded, intensified, replaced,
structurally changed or relocated except to lessen or eliminate the nonconformity.
Section 20-908 states that variances granted from a required setback are not entitled to yard
encroachments.
BACKGROUND
In 1993, the subject property was granted variances from the required front and side yard setback
for the construction of a detached 3-stall garage. The garage was constructed one (1) foot from
the front yard property line and two (2) feet from the side property line. The placement of the
garage was limited by physical features. Staff supported this application because the garage was
deemed to be in an unsafe condition, the proposed location would increase the setbacks and it
would spare several large trees and eliminate the need to perform extensive grading and
excavation.
When Auditor's Subdivision #2 was platted in 1939, Lot 6 (subject lot) was approximately 110
feet in width. Since that time, the lot has been reduced to 65 feet in width. Carver County
indicated that the subdivision was performed prior to 1966, probably in the 1950s. At that time,
the City did not have to approve such actions, therefore, we have no record of the subdivision.
The northern 15 feet of the lot was sold to Lot 7 and the southern 25 feet of the lot was sold to
Lot 5. The original home was 23 foot by 24 foot. An addition was constructed during the 1960s
(according to the applicant) to expand the house pad to 24 feet by 46 feet. The home currently
maintains a 12 foot side yard setback on the north and a 6 foot setback on the south.
ANALYSIS
The applicant is requesting a 5 foot variance from the 10 foot side yard setback requirement for
the construction of an addition. The 30 foot by 22 foot addition is for a larger kitchen and dining
area. The applicant indicated that the addition cannot maintain the required 10 foot setback
because it will detract from the intended new design of the home. Staff believes that the addition
can and should maintain the 10 foot setback.
The fact that several feet of the lot were sold to an adjacent property owner, thus, decreasing the
setback, does not constitute a hardship. The lot was 110 feet in width not the existing 65 feet.
The applicant should have been aware of the constraints of the property when it was purchased.
Entenmann Variance
May 6, 1998
Page 3
Being the house has a non-conforming setback does not entitle an addition to maintain the same
nonconforming setback. Also, the fact that the property to the south maintains a 14 foot setback
from the adjoining lot line is not relevant in this application. That is the adjacent property
owner's setback. The owner of Lot 5 has the right to construct an addition at the 10 foot side
yard setback without a variance. The 20 foot separation that currently exists should not be taken
into consideration in this variance request.
The applicant states in the attached letter that the existing 6 foot setback was the requirement
when the addition was constructed in 1960. Originally, this property was located in the
Township of Chanhassen where the zoning ordinance required a 5 foot side yard setback in all
residential districts in unincorporated areas. The Township became part of the Village in the late
1960s. In 1973, the Village became a City and the side yard setback was increased to 10 feet.
This setback is required on all new construction and additions in the RSF district including
Carver Beach (platted in 1927), Lake Riley (1951), Red Cedar Point (1913) and numerous other
subdivisions. Some properties in these neighborhoods have difficulty maintaining the required
setbacks because the lots were platted very narrow or the house was placed very close to the
property line. (Staffhas attached a map of the subdivisions that were platted prior to the City's
zoning ordinance.) In this case, the lot was relatively large and the house was not originally
constructed close to a property line. It's those actions that took place after the original
subdivision and the house was built that are causing difficulties.
The zoning ordinance prohibits encroachments into setbacks that have received variances. The
existing home does have a 1 foot eave on the south side. The proposal indicates that the addition
will extend this eave. Therefore, the setback is measured from the edge of the eave. Thus, the 5
foot variance. If the addition is located at the 10 foot setback the eave would be entitled to an
encroachment of 2.5 feet.
Staff believes that the hardship was created by the applicant. The property owner has an
opportunity to construct a kitchen addition while maintaining the required setback so a hardship
does not exist. In addition, this variation will increase the nonconformity of the structure.
Therefore, staff does not recommend approval.
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:
a.
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
Entenmann Variance
May 6, 1998
Page 4
allow a proliferation of vagan~, but to reco~ that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing stm~H,rds without departin~
downward from them meet this criteria.
Finding: The applicant has a reasonable use of the property. A single family home and
detached garage exist on the property. There is an opportunity to construct an addition for a
kitchen and still meet the required setbacks. That is, the location of the existing home does
not limit the location of the addition- The majority of the homes in the neighborhood
maintain the required setbacks.
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 conditions upon which this variance is based are applicable to lots in Red
Cedar Point (I~ke Minnewashta), Shor~ Acres (Lake Riley) and Carver Beach. The
majority of the lots in the other subdivisions maintain the required setbacks.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of this request is to increase the living space of the home. The
outcome of this change will increase the value of the parcel.
cl. The alleged difficulty or hardship is not a serf-created hardship.
Finding: The hardship is self-created. This applicant has the opportunity to construct an
addition that expresses personal taste yet still maintains 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 variance will permit a nonconformin~ smlctum to be expanded into a
required setback potentially iufringing the ability of the adjoining property to expand in
compliance with city code.
f. The proposed variation will not ira?air 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 elxdallger the public safety or subsllmtially diminish or im.r~tir propelty values
within the neighborhood.
Entenmann Variance
May 6, 1998
Page 5
Finding: The variation will enable a 53 foot structure to maintain a lesser side yard setback
that would be found in other properties in the RSF zoning district. The 30 additional feet of
structure will most certainly affect the property to the south.
RECOMMENDATION.
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
'°rhe Board of Adjustments and Appeals denies the request #98-2 for a 4 foot variance from the 10
side yard setback for the construction of an addition based upon the findings presented in the staff
report and the following:
1. The applicant has not demonstrated a hardship to warrant a variance.
2. The applicant has a reasonable oppommity to construct an addition for a kitchen within the
required setbacks."
ATTACHMENTS
1. Application and Letter
2. Section 20-615, Lot requirements and setbacks
3. Site Plan, Lot Survey and House Elevations
4. Subdivisions Platted Prior to 1972
5. Public hearing notice and property owners
8Aplan~ek~ma~nt~nmann 98-2 var.d~
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
APR 3. 0 1998
Cl'l~r~-,- ' ~ ....... ~cPT
DEVELOPMENT REVIEW APPUCATION
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site PJan Review'
Subdivision*
.. Temporary Sales Permit
Vacation of ROW/Easements
~f~ Variance
Wetland Alteration Permit
. Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
X Escrow for Filing Fees/Attomey Cost"
($50 CU P/SPR/VACNAR/WAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
application.
l1Buildlgg n~terlal samples must be submitted with site plan reviews.
~ull 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, t_he appropriate fee shall be.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION. ~ ~ { ~[11~ ~ ~~
charged for each application.
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
Tills application must be completed in full and be typewritten or clearly printed and must be acoor~anied by all Informatior
and plans required by applicable City Ordinance provisions. Before filing this application, you should, confer with
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
·
This is to certify that I am making application for the described acticn by the City and that I am responsible foi' complying
wlth all City requirements with regard to this request· This application should be processed In my name and I am the party
whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
authorized person to make this application and the fee owner has also signed this application,
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, otc. with an estimate prior to any
authorization to proceed with the study. The documents and InfonTtation I have submitted are true and correct to the best
of my knowledge.
! 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 approvaVpermit is granted within 120 days with the Carver County Recorder's
Office and the.~,jgj~l docum..nt retumed to City Hall Records.
Signature of Applicant
Signature of Fee Owner
Application Received on ~ Fee Paid
Date
Date
· The applicant should contact staff for a copy of the staff report which will be available on Friday p]-Ior to the
meeting. If not contacted, a copy of the report will be mailed to the appilcant'a address.
April 9, 1998
Re:
Variance Request
Entenmann Residence
7407 Frontier Trail
Chanhassen, MN
ClTY OFCHANHA$$EN
RECEIVED
'APR 10 1998
The following information is provided for clarification of the
existing conditions which exist related to the property located
at 7407 Frontier Trail.
I ·
The original property has been modified from the original
sub-division. The northerly (15) fifteen feet and the
southerly (25) feet where previously sub-divided from the
property.
·
The original house, about 24 x 24, had an addition on the
southerly side constructed about 1960, to the existing size
of 24 x 46. This addition was constructed (6) six feet from
the southerly property line. It is my understanding that
was the allowable setback at the time of construction.
·
The City of Chanhassen adopted a new ordinance, about 1972,
establishing a new side yard setback requirement of (10) ten
feet. This process did not address existing structures
which is the case for this property.
·
The pre-existing conditions and standards which had been in
place previously if allowed to continue would not require
this request for a side yard variance. The request will not
decrease the existing conditions between the property line
and the adjacent residence. The existing (20) twenty foot
distance between the adjacent residence will be maintained.
·
The properties which have similar conditions are minimal and
therefore granting a variance for this property will not be
applicable to the general properties of Chanhassen.
6. The existing conditions are not self-created.
·
By granting the variance it will allow the Entenmann's to
construct an addition which will meet'their needs for a new
kitchen and dining area. The variance and the addition will
not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood.
6 12 EXCEStOR BLVDoMINIXE/ ED , MN, &5416 (612T722-3226
§ 20-595
CHANHASSEN CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The r~nimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fif~ (1,250)
feet.
(Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92;
Ord. No. 194, § 2, 10-11-93)
Sec. 20.596. Interim uses.
The following are interim uses in the "RR" District:
(1) Commercial kennels and stables.
(Ord. Bio. 120, § 3, 2-12-90)
Editor's note-Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord.
120 as § 20-595 have been redesignated as § 20-596.
Secs. 20-597--20-610. Reserved.
ARTICLEXH. "RS~' SINGI.E.FAMII.Y RESIDENTIAL DISTRICT
Sec. 20-611. Intent.
The intent of the "RSF" District is to provide for single-family residential subdivisions.
(Ord. No. 80, Art. V, § 5(5-5-1), 12-15-86)
Sec. 20-612. Permitted uses.
The following uses are permitted in an "RSF" District:
(1) Single-family dwellings.
(2) Public and private open space.
(3) State-licensed day care center for twelve (12) or fewer children.
(4) State-licensed group home serving six (6) or fewer persons.
(5) Utility services.
(6) Temporary real estate office and model home.
(7) Antennas as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 5(5-5-24 12-15-86; Ord. No. 259, § 11, 11-12-96)
Sec, 20-613. Permitted accessory uses.
The following are permitted accessory uses in an "RSF" District:
(1) Garage.
Supg. Nb 9 1210
ZONING
§ 20-615
(2) Storage buildl-g.
(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
The following are conditionnl uses in an "I:~F" ~ct:
(1) Churches.
(2) Reserved.
(3) Recreational beach lots.
(4) Towers as regulated by arfi~ XXX of t:hl. chapter.
(Ord. Bio. 80, Art. V, § 5(5.5.4), 12-15-86; Ord. Bio. 120, § 4(4), 2-12-90; Ord. Bio. 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 minlmnwi 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 consideratio--
(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 -i-ety (90)
feet in width at the buildi-g setback line. The location of this lot is conceptually
Supp. N~ 9 1211
§ 20-615 CHANHASSEN CITY CODE
illustrated below.
Lotl Whirl Frontage Il
lae~aured At 8ltbaok Line
(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 Fleg Iota
Fron Lot Line
(4)
(5)
100#Lot Width
,~ e I I
I I I I
~1 II I
--J' t
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a._._l_.J
The maximum lot coverage for all structures and paved surfaces is twonty-five (25)
percent.
The setbacks are as follows:
a. For front yards, thi~ (30) feet.
b. For rear yards, thirty (30) feet.
Supp. No. 9 1212
o
ZONING § 2O632
't~ c. For side yards, ten (10) feet.
(6) The setbacks for lots served by pzivate driveways and/or neck lots are as follows:
a. For front yard, ~hl,-ty (~0) feet. The fret yard ~h~ 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 ~om the fiunt lot line with the remaini~ eZlX~ares treated
as aide lot lines. On neck lots the front yard setba~ ahall be measured at the
point nearest the f~ont lot line-where the lot achieves a one-hundred-foot
b. For rear yards, ~hi,~y (30) feet.
c. For side yards, ten (10) feet.
(7) The m,~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, Ar~ 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 Orch 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 provisions of Ord. No. 145, § 2, were included
as amending § 20-615(7)b.
Sec. 20-616. Interim ~
The following are interim uses in the "RSI~ District:
(1) Private stables subject to provisions of chapter 5, article IV.
(2) Cor~mercial stables with a m~n~uum lot size of five (5) acres.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20-617-20-630. Reserved.
ARTICT.~. ~r~; 'rR~" l~,x~.,, LOW DENSITY ItESIDtNrlAL DISTRICT ..
Sec. 2/)-~1. Intent.
The intent of the ~R-4" Dista-ict is to provide for sing]e-fnmily and attached residential
development at a m~m,,m net density of four (4) dweI]{ng units per acre.
(Ord. No. 80, Art. V, § 6(5-6-1), 12-1~6)
Sec. 20-632. Permitted uses.
The following uses are permitted in an ~R-4H D/strict:
(1) Single-fAmily dwellln~.
(2~ Two-family dwellings.
Supp. No. 9 1213
FRONTIER TRAIL FRONTIER TRAJL
1
, I
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'I
ENTENMANN REMODELING ! .~';~'K. K. DESIGN
7407 FRONTIER TRAIL ,~1~ m~mM mo~.m~M~
CHANI-IASSEN. _-. MINNESOTA ........ .l'l-tZ~,-3t. ..
I~.I;a. ANK R. CARDARELLE
(612) 941-3031
Survey For
certificate of Survey
I I I I I
Bleir Entenmanr, Book_3.2/_ Page 69
7407 Frontier Trail
Chanhassen, MN
Scale: 1"=50'
denotes iron
·
,,,on. ~ouna ~"'/
/
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37,?
Land Surveyor
Eden Praide, MN 55344
I I
..
APR 10 1998
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CHamn~c- r~. ,,,~ ucPT
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Lot 6, except the. Nort_h~~
State Reg No. 6~8
I I I I
SUBDIVISIONS PLATTED PRIOR TO 1972
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NOTICE OF PUBLIC HEARING
,ARD OF ADJUSTMENTS AND AP. PEALS
Tuesday, May 12, 1998
at 6:00 p.m.
City Hall Council Chambers
690 City Center Drive
PROJECT: Side Yard Setback Variance
APPLICANT: Blair and Nancy Entenmann
LOCATION: 7407 Frontier Trail
Lotus Lake
NOTICE: You are invited to attend a public headng about a development proposed in your
area. The applicants, Blair and Nancy Entenmann, are requesting a 4 foot variance from the
10 foot side yard setback for the construction of an addition on property zoned RSF, Residential
Single Family and located at 7407 Frontier Trail.
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 headng 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 Apdl 30, 1998.
KENNETH & DEB ELLSWORTH
ROUTE 8 PO BOX 8166
HAYWARD, WI 54843
BLAIR & NANCY ENTENMANN
7407 FRONTIER TRAIL
CHANHASSEN, MN 55317
GEORGE HOFF
221 FRONTIER COURT
CHANHASSEN, MN 55317
BOB GREELEY
7341 FRONTIER TRAIL
CHANHASSEN, MN 55317
· ROBERT SOMERS
7409 FRONTIER TRAIL
CHANHASSEN, MN 55317
BRADLEY C. JOHNSON
241 FRONTIER COURT
CHANHASSEN, MN 55317
GLENN MATrSON
7406 FRONTIER TRAIL
CHANHASSEN, MN 55317
TOM HAROLD
7411 FRONTIER TRAIL
CHANHASSEN, MN 55317
ROBERT ROBINETT
401 CIMARRON CIRCLE
CHANHASSEN, MN 55317
EUGENE KLUN
7404 FRONTIER TRAIL
CHANHASSEN, MN 55317
ROGER KARJALAHTI
7413 FRONTIER TRAIL
CHANHASSEN, MN 55317
LARRY ANDERSON
400 ClMARRON CIRCLE
CHANHASSEN. MN 55317
RUSS RASCHKE
7402 FRONTIER TRAIL
CHANHASSEN, MN 55317
MICHELE KOPFMANN
RICHARD GILLEAPIE
7415 FRONTIER TRAIL
CHANHASSEN, MN 55317
HESTIA HOMES INC.
4885 CO RD 6
MAPLE PLAIN, MN 55359
CECIL NELSON
401 HIGHLAND DRIVE
CHANHASSEN, MN 55317
RYAN SCHNELL & CAROLYN LARSON
7423 FRONTIER TRAIL
CHANHASSEN, MN 55317
KLINGELHUTZ DEVELOPMENT
P.O. BOX 89
CHASKA. MN 55318
WAYNE MADER
400 HIGHLAND DRIVE
CHANHASSEN, MN 55317
PAM & WALTER CZERMINSKI
7417 FRONTIER TRAIL
CHANHASSEN, MN 55317
ROBERT H HORSTMAN
7343 FRONTIER TRAIL
CHANHASSEN, MN 55317
PETER J DAHL
220 FRONTIER COURT
CHANHASSEN, MN 55317
GEORGE PRIEDmS
7401 FRONTIER TRAIL
CHANHASSEN, MN 55317
GREGORY CRAY
200 FRONTIER COURT
CHANHASSEN. MN 55317
LORNA ASHL1NG
PO BOX 382
CHANHASSEN, MN 55317
WILLIAM KIRKVOLD
201 FRONTIER COURT
CHANHASSEN, MN 55317
CHA.NHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
JANUARY 13, 1998
Chairperson Johnson called the meeting to order at 6:05 p.m.
MEMBERS PRESENT: Willard Johnson, Steven Berquist and Nancy Mancino
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR AN 8 FOOT VARIANCE FROM THE 10 FOOT SIDE YARD AND A
REQUEST FOR A 10 FOOT VARIANCE FROM TI~E 30 FOOT FRONT YARD
SETBACK FOR THE CONSTRUCTION OF A GARAGE~ DANIEL RUTLEDGE~ 6711
HOPI ROAD.
Cynthia Kirchoffpresented the staff report on this item.
Daniel Rutledge stated that a 20 foot wide garage is too small. He explained his plan for two, ten
foot wide doors on the 28 foot wide garage as this will allow the vehicle doors to be opened
without hitting the other vehicle in the garage. Mr. Rutledge explained that he variance from the
30 foot front yard setback was needed because this would allow for more green space and a
garden area. He mentioned that his vehicle is 17 feet in length and even if the garage was placed
at the 30 foot setback, an additional vehicle could not be parked in the driveway. Mr. Rutledge
stated that the neighbors do not oppose this proposal because this is an investment for the future
property owner.
Sharon Wolfe, 6699 Hopi Road, stated that the proposal would not affecting her sight line.
Steven Berquist asked if the applicant had considered purchasing Lot 1118 so that a larger garage
could be constructed.
Rutledge responded that the previous owner did pose that question to the neighbor, but they did
not wish to sell.
Berquist commented that a potential buyer would probably value an attached garage rather than a
detached garage located a distance from the home.
Rutledge stated that an attached garage is not an option and that he has not approached the
owner.
Berquist stated that he believes that a future owner of the neighboring property will be affected
by the proposal even though the current owner will not. He explained that he must weigh all
issues into his decision.
Board of Adjustments and Appeals Meeting Minutes
January 13, 1998
Page 2
Wolfe reassured the Board that the proposed garage will not affect her because she has natural
screening.
Rutledge stated that the proposed garage will line up with the adjacent properties' garages.
Willard Johnson stated that he would like to see a 30 foot setback along Hopi Road. He believes
that a width of 22 feet is sufficient for a garage.
Rutledge responded that he will only build it 26 feet wide because he does not want to build a
fire wall.
Nancy Mancino stated that Carver Beach is wonderful eclectic neighborhood and that many
variance have had to be granted in order for homes to be built. She stated that there is no reason
that the garage could not be placed 30 feet from the property line. She explained that a smaller
two-car garage may be difficult to get two vehicles parked.
Berquist stated that he is inclined to approve a 2 foot variance to build a 22 foot wide garage with
a 30 foot front yard setback. He stated that he must make a decision that make sense not what
necessarily suits the applicant.
Berquist moved, Johnson seconded the motion to close the public hearing.
Berquist moved, Mancino seconded the motion to deny the 8 foot variance from the 10 foot side
yard setback and the 10 foot variance from the 30 foot front yard setback and approve a 2 foot
variance from the side yard setback for the construction of a garage. All voted in favor and the
motion carded.
Mancino questioned if the City Code regulates the depth of an accessory structure.
Kirchoffresponded that only square footage is regulated
APPROVAL OF MINUTES: Berquist moved to approve the minutes of the Board of
Adjustments and Appeals Meeting dated November 5, 1997. Mancino abstained. All voted in
favor and the motion carried.
The meeting was adjourned at 6:05 p.m.
Prepared and Submitted by C~thia Kirchoff
Planner I