1998 07 21 AGENDA
CHANHASSEN ZONING BOARD OF
ADJUSTMENTS AND APPEALS
TUESDA Y, JUL Y 21, 1998, 6:00 P.M.
CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
NE W BUSINESS
A request for a 7foot variance from the 30footfrontyard setback for the
construction of a 576 sq. fi. addition; Lots 24 & 25, Shore Acres; 9217 Lake
Riley Boulevard; Greg & Kelly Hastings.
2. Approval of Minutes.
Adjournment.
CITY OF
BOA DATE: 7/21/98
CCI)ATE:
CASE #: 98-6 VAR
By:. Kimhoff:v
1
STAFF
REPORT
Z
0
I
PROPOSAL:
LOCATION:
APPLICANT:
A request for a 7 foot variance from the 30 foot front yard setback for the
construction of a 576 sq. f~ addition~ ..
9217 Lake Riley Boulevard
(Lots 24 and 25, Shore Acres)
Greg and Kelly Hastings
9217 Lake Riley Blvd.
Chanhassen, MN 55317
496-3861
PRESENT ZONING:
ACREAGE:
DENSITY:
RSF, Single Family Residential
Approximately 17,000 sq.'/L
N/A
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
N:
S:
E:
W:
RSF, Single Family Residential
RSF, Single Family Residential
RD, Reereafi~ Development Lake
PUD-R, Planned Unit Development, Residential
Available to the site
The site is a riparian lot on Lake Riley. ~ single family
home with an attached garage exists on the site.
2000 LAND USE PLAN: Low Density Residential
La]c,
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Rice
La~e
Lake
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Hasting Variance
July 21, 1998
Page 2
APPLICABLE REGULATIONS
Section 20-615 states that in single family residential districts the minimum front yard setback is
30 feet (Attachment #2).
Section 20-908 states that open porches may encroach 3 ft. into a required front yard or side yard
setback (Attachment #3).
BACKGROUND
Shore Acres was platted in 1951 before the City was incorporated and a zoning ordinance was
adopted. Therefore, as in the cases of Carver Beach and Red Cedar Point, many of the properties
have non-conforming structures and setbacks. Variances have been granted in these areas in
order for the property owner to make a reasonable use of the property. A hardship does exist on
some of the properties because the 75 foot shoreland setback and the 30 foot front yard setback
may make the actual buildable area very small.
A home and 2-stall attached garage currently exists on the subject property. The applicant is
requesting a 7 foot variance from the front yard setback to construct a 576 sq. ft. living space
addition. The proposed living space is 23 feet from the property line that abuts Lake Riley
Boulevard. The open deck/porch is 20 feet. The existing garage is setback 20 feet from the
property line and the house is setback 25 feet.
ANALYSIS
The applicant is requesting a 7 foot variance for the construction of two bedrooms, a bathroom,
ahd screen porch addition. The addition is 18 feet by 40 feet and is located on the south side of
the home. Construction of additional bedrooms is restricted by the location of the existing
bedroom. It is rational to assume that a bedroom addition should be placed adjacent to an
existing bedroom. The problem with the placem~t of the addition is that the existing home does
not meet the required setback. The addition actually encroaches two feet further into the setback
than the existing home. However, the garage is 3 feet closer to the property line than the new
bedrooms, so the addition is not creating a new setback.
A reasonable use is defined as the use made by a majority of the comparable property within 500
feet. In this case a reasonable use would be a single family home. Although a surv~ has not
been compiled on the number of bedrooms in the homes within this distance, it is fair to say that
many of the homes have at least three bedrooms. Staff believes that this application is not
excessive and that the addition is required to accommodate a growing family. The applicant
contends that the two additional bedrooms should be located near the master because of their
young children. Staff agrees that bedrooms intended for small children should be placed near the
master bedroom.
Hasting Variance
July 21, 1998
Page 3
The setback of the addition did create some concern as it could have been placed at the 30 foot
setback. However, this could have negatively affected the appearance of the home. The
proposed addition creates architectural symmetry on the front of the home. Furthermore, it could
have made it difficult to configure the two bedrooms with the existing bedroom.
Staff recommends approval of the variance request because it will not create a new front yard
setback and a hardship has been demonstrated.
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
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The applicant does not have a reasonable oppommity to construct a bedroom
addition without obtaining a variance. The majority of the properties in the area have a
minimum of three bedrooms; therefore, the applicant should have the same reasonable use.
Staff does not believe that this request will allow a proliferation of variances, because most
homes on Lake Riley Boulevard meet the 30 foot front yard setback since they were built
recently after lots had been assembled and existing cottages demolished. According to City
records, only 4 of the 26 properties do not meet the required front yard setback (Attachment
#5). The applicant is attempting to accommodate a bedroom addition on an existing home
that does not meet required setbacks. This variance will not depart from existing standards
because it is not creating a new front yard setback for the property.
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: Most properties in the RSF zoning district met the required setbacks when the
home was built. This home was built before the zoning ordinance and therefore, does not
meet current standards.
C!
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Hasting Variance
July 21, 1998
Page 4
Finding: The purpose of the variance is to allow the applicant to construct a bedroom
addition on an existing home·
d. The alleged difficulty or hardship is not a serf-created hardship.
Finding: The hardship is not self-crea~ ~e the applicants did not build the home.
The placement of the addition is constricted by the existing home layout
e.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other properties in the Shore Acres subdivision-
The proposed variation will not impair an adequate supply of light and air to adjacem
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 proposed variance will not impair an adequate supply of light and air to
neighboring properties or endanger the public safety or impair property values within Shore
Acres.
RECOMMENDATION
Staff' recommends that the Board of Adjustments and Appeals adopt the following motion.'
"The Board of Adjustments and Appeals approves request g98-6 for a 7 foot variance from the 30
front yard setback for the construction of an addition based upon the findings presented in the smd'f
AT'FACHMENTS
1. Application and Letter
2. Section 20-615, Lot Requirements and Setbacks
3. Section 20-908, Yard Regulations
4. Lot Survey and Addition Layout
5. Shore Acres Subdivision
6. Property Owners List
g:~olan~ck~oa~hastings 98-6 vat.doc
JUL-0~-1998
MARIGOLD 11155 OFFICE
CITY OF OHANllA~gEN.
690 OOULTER DRIVE
CHANHASBEH, MN 85.t17'
($12) 937-1900
612 3?8 85~8
A, TT-A -+kI T I
CITY OF C~.NHASSEN
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*JUL 0 1998
CHAI~n,~,.,,..,, ......... ,., ur. PT
DEVELOPMENT REVIEW APPUCATiON
ADDRESS:._. .
TELEPHONE: .......
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.__ Comprehensbe Plan Amendment
..__ Conditional Use Permit
Interim Use Permit
I _ IL-- . ii ......
_..._ Non-conforming Use Permit
..... __ IL I I I .
__ Piann~ Unit Development'
__ Rezonlng
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__ Sign Perm~
___ Sign Plan Review
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.... I I II II ..... [I ..... ---" I
__ Temporary 8ales Permit
__ Va~tlon of ROW/Easements
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Zoning Ordinance Amen~'nent
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;_._ Notification
A list of mil property ownere within $00 feet of the boundaries of tho property must be Inoluded with the
appll~tlon.
Building material samples must be submltt~ with site plan review&
· ' B~etow will be required for other applioatlons through the d~elolament contmot
NOTE - When multiple applicallons are processed, the appropriate, fee ~all be ehargacl for each a~lleatlon. '
JUL-82--1998: 12:18 MARIGOLD 18~ OFFICE 612 :~ 8~
NOTE · When muttlple spploatlon, am processed, the aNxtapd~ fee emil be 0MrOKI for UGh epplloation.
PROJEOT NAME
-
LEGAL DF. BCRIPTION __ ___ ., . ' .
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PRESENT ZONING ..... ~ , , .
REGUF..STED ZONING,
PRF.~ENT LAND USE DE~GNATION.,
REQUF~TED LAND USE DESIGNATION ,,, ·
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Pm~ Oepament to ~e~ne the s~ ~IM~ ~ ~du~ ~~e~ ~e ~ ~ ~~on,
Thl~ is t~ cen~.v that I am ma]th~ Iii~d~ for the d~ m ~ the 01~ W that I em reNx)nJJl)le e~. ~mplylng
with all Gib, requirement; with regard 1o this feQUHL Thk ILoplicatlon t, houkl bl ~#.cl b my tame aM I am the party
whom the Oity ,Multi o0ntaot reoa~ng any matter pe~ng to this N;4eeJon. I lmve aU·abed · copy of txoo~ of
· umomc/person to mike this appl/catJon aM me tee ~ner has also ~;gned thl~
I will keep r/~/itelf Info.ecl of the delcll]nee lot ~ubm~k)n of mlfl~l aM tM pmgmB of mis app~n. I turn-,er
undeTStaM thal additioflal fees nmy be r. Mr~ for ml-4ultlna fees, felS~ liud~ei, lit with in esHmn~ pdor to ,ny'
a~hO~?.a~n to pro~eed with th, mcly. "rhe d~umlN; and Iflf~rml~ i huv, ~d ire trna aM M)lTeCl t~ Ihs best
I gdso undemand fha1 a~r the ~wal ~r granting ~ the pem~lt, mJoh penM. ~ be k'NsM unless they am recorded
against the title to the property for wNoh the Ipl:eovIWpermlt Is granted WlUlki 1~0 ~ with the Oarver County Reoordor's
Office anti the original document returned to City H~ Raoords,
'61gM,ute' c;f ~ee Owner
Ill Il . · __ - '-
Applicat;on Reoelvecl on_ . ..... Fee Pak;I ___
Receipt No. ~_.
· The a~uoant should conta=t etaff for e copy of the mTf re.r1 whloh wtfl be livaflable ~ I:~day pt'lot lo tl~
meeting. If not r. onta~ted, · c~)p¥ ~ the report wlfl be mallKI to tM aN)tlr, ant'· EldreH. '
JUL-02-199~ 12:17
MARIGDLD 10S5 DFFICE
612 378 8S98 P.02~t~4
CITY OF CHANHASSEN
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'JUL 0 2 1998
CHAhn~ ............... ua-PT
.luly 2, 1998
Board of Adjustment md Appeal
City of Chanhassen
690 Coulter Drive
Chanhassen, .MN 55317
Dear Board of Adjustment and Appeal,
Please co=sider our request for a variance for our proposed addition of two bedrooms per
our plans delivered to the city office. We moved into our $0 year old home almost ten
years ago md we love the neighborhood and want to stay in our home. We now have a
four year old boy and a txvo year old girl and we only have our bedroom and one very
small second bedroom on the main level. Since the children are very young, we ~e not
comfortable having one of them downstairs for safew masons. Sharing the upsta/rs
bedroom would be very difficult since it is very small and since they are a boy and girl.
Our addition would be only two feet out towards the street from om' existing home, and
actually two feet back from om' existing garage. By not going out two feet, we would not
be able to usc our bedroom as part of the cMldren's second bedroom and we would have
to redo the entire inside if we had to move everything back. Both of the kids bedrooms
are planned to be on the front side of the house and ours on the back. We do not feel this
would be detrimental to our neighbors and we have actually discussed it with some of
them and they feel it would be fi~e with them. We realize that several of our neighbors
have also requested and have been granted variances so we hope that we also have that
opportunity since we are trying to make it better for our family.
Thank you for your consideration.
§ 20-595
CHANHASS~ CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as fonows:
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 fifty (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 foUowing are interim uses in the "RR" District:
(1) Commercial kennels and stables.
(Ord. No. 120, § 3, 2-12-90)
Editor's note~Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No.
120 as § 20-595 have been redesignated as § 20-596.
Secs. 20-597~20~10. Reserve&
ARTICLE E. '~' SINGT.~..FAM~Y RESIDENTIAL D~~~
~ 2~11.
~e ~t of ~ ~ ~~ ~ ~ ~de for s~gl~~ ~d~ s~~~.
(~. No. 80, ~. ~ ~ 5(5-5-1), 12-15~)
S~. 20~. P~it~d ~es.
~ foU~ ~ ~e pe~~ ~ ~ ~ ~~:
(1) S~I~~ dwe]]inp.
(2) ~bUc ~d ~va~ ~ spa~.
(3) ~U~~ day ~ cm~ ~ ~ve (12) ~ f~ ~~.
(4) ~U~ ~up home s~ng s~ (6) ~ f~ p~.
(5) U~ ~~.
(6) ~p~ ~ ~ ~ ~d m~ ~e.
(7) ~~~ ~ ~a~ by ~cle ~ of ~ ~~.
(0~. No. 80, ~ ~ ~ 5(5-5-2), 1~15~; ~. No. 259, ~ 11, 11-1~)
Se~ 2~1~. Pemit~d accesso~ ~e~
~e fol]o~g ~ ~it~d a~sso~ ~ ~ ~ ~' ~~:
(1) Gara~.
Supp. No. 9 1210
ZONING § 20-615
(2) Storage building.
(3) Swimming pool.
(4) Tennis court.
(5) Signs.
(6) Home occupations.
(7) One (1) dock.
(8) Private kennel.
(Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86)
Sec. 20-614. Conditional uses.
The following are conditional uses in an "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)0 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12,
11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.
Sec. 20-615. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter and chapter 18:
(1)
The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots,
the lot area requirements shall be met after the area contained within the "neck" has
been excluded from consideration.
(2)
The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac
"bubble" or along the outside curve of cui-vilinear 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
Lot8 Where Frontage Ia
Measured At 8etbiok 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 building
setback line.
· Neck I Flag I. eta
Fron Lot Line
100#Lot Width
(4) The maxim-m lot coverage for an e12~cturee 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
(6)
c. For side yards, ten (10) feet.
The setbacks for lots served by private driveways and/or neck lots are as ~ollows:
a. For front yard, thirty (30) feet. The front yard 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 remaining exposures treated
as side lot lines. On neck lots the front yard setback shall be measured at the
point nearest the front lot line' where the lot achieves a one-hundred-foot
minimum width.
b. For rear yards, thirty (30) feet.
c. For side yards, ten (10) feet.
(7) The maxim,,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, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90;
Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95)
Editor's note--Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to
accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend-
ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included
as amending § 20-615(7)b.
Sec. 20-616. Interim uses.
The following are interim uses in the "RSF" District:
(1) Private stables subject to provisions of chapter 5, article IV.
(2) Commercial stables with a minimum lot size of five (5) acres.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20.617--20-630. Reserved.
ARTICIJE XIH. '5t-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT
Sec. 20.631. Intent.
The intent of the "R-4" District is to provide for single-family and attached residential
development at a maximum net density of four (4) dwelling units per acre.
(Ord. No..80, Art. V, § 6(5-6-1), 12-15-86)
Sec. 20-632. Permitted uses.
The following uses are permitted in an "R-4" District:
(1) Single-family dwellings.
(2) Two-family dwellings.
Supp. No. 9 1213
ZONING § 20.9O8
increased in width or depth by an additional foot over the side and rear yards required
for the highest building otherwise permitted in the district.
(Ord. No. 80, Art. VI, § 10, 12-15-86)
Sec. 20-908. Yard regulations.
The following requirements qualify or supplement district regulations. Yard measurements
shall be taken from the nearest point of the wall of a building to the lot line in question, subject
to the following qualifications:
(1) Every part of a required yard or court shall be.open and unobstructed.
(2) Ayard, court, or other open space of one (1) building used to comply with the provisions
of this chapter shall not again be used as a yard, court, or other open space for another
building.
(3) Except as provided in the business, industrial, and office districts, the front yard
setback requirements shall be observed on each street side of a corner lot; provided,
however, that the remslniug two (2) yards will meet the side yard setbacks.
(4) On double frontage lots, the required front yard shall be provided on both streets.
Whenever possible, structures should face the existing street.
(5) The following shall not be considered to be obstructions (variances granted from a
required setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance
not exceeding two (2) feet, six (6) inches; fire escapes may project a distance not
exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings
may project a distance not to exceed six (6) feet, provided such stair and landing
shall not extend above the entrance floor of the building; bay windows, balconies,
open porches and chimneys may project a distance not exceeding three (3) feet;
unenclosed decks and patios may project a distance not exceeding five (5) feet and
shall not be located in a drslnage and utility easement. Other canopies may be
permitted by conditional use permit.
b. The above-named features may project into any required yard adjoining an
interior lot line, subject to the limitations cited above.
c. Porches that encroach into the required front yard and which were in existence on
February 19, 1987 may be enclosed or completely rebuilt in the same location
provided that any perch that is to be completely rebuilt must have at least a
ten-foot rain/mum front yard.
d. Subject to the setback requirements in section 20-904, the following are permitted
in the rear yard: enclosed or open off-street parking spaces; accessory structures,
toolrooms, and similar buildings or structures for domestic storage. Balconies,
breezeways and open perches, unenclosed decks and patios, and one-story bay
windows may project into the rear yard a distance not to exceed five (5) feet.
Supp. No. 10 1233
CARDARELLE & ASSOCIATES, Inc.
941-3031
Certificate of Survey
!
Land Surveyors
Eden Prairie, MN 55344
Survey For ~,,.~. /./A. ~"/';~ 5
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Book,q,ql Page Z~ File
EXISTING HOME
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C~R DA~ELL~: & ~'~SOC I~,'~-S: INC.
STATE REG. NO. 6508
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Land Surveyors
Eden Prairie, I~IN 5534.4
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PROPOSED HOME LAYOUT
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JUN,~ 2 1998 STATE REG NO. 6508
SHORE ACRES SUBDIVISION
25.0241100~
L 0 T
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T L 0 T F
A DDi TI
N
1 OUTLOT
0 U
OUTLOT
2ND
ADD
Legend
Properties with non-conforming front yard setback
I~-Propertles without survey In City files
-- Vacant
·
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:
· NOTICE OF PUBLIC HEARING ~umm,
li~~D OF ADJUSTMENTS AND APPEALS ~.
'~' Tuesday, July 21, 1998
at 6:00 p.m.
City Hall Council Chambers
690 City Center Drive
Lake
Riley
PROJECT: Front Yard Setback Variance
APPLICANT: Greg & Kelly Hastings
LOCATION: 9217 Lake Riley Blvd.
NOTICE: You are invited to attend a public headng about a development proposed in your area. The
applicant, Greg and Kelly Hastings, requesting a 10 foot variance from the 30 foot front yard setback for
the construction of an addition located at 9217 Lake Riley Blvd.
VVhat 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 headng 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 July 9, 1998.
DAVID O HANSEN
108 PIONEER TRAIL
CHANHASSEN, MN 55317
WENDY NELSON
10 POINEER TRAIL
CHANHASSEN, MN 55317
LAKEVIEW HILLS LLC
7630 WEST 78TH STREET
BLOOMINGTON, MN 55439
SUNNYSLOPE HOMEOWNERS
C/O S. SEKELY
341 DEERFOOT TRAIL
CHANHASSEN, MN 55317
LAKE RILEY WOODS HOME.
C/O PAUL J. MARTIN
9610 FOXFORD ROAD
CHANHASSEN, MN 55317
CATHY HARGREAVES
300 DEERFOOT TRAIL
CHANHASSEN, MN 55317
DALE Ku3-rER
301 DEERFOOT TRAIL
CHANHASSEN, MN 55317
ROBERT D REBERTUS
320 DEERFOOT TRAIL
CHANHASSEN, MN 55317
KENT & NAOMI RAMLIDEN
321 DEERFOOT TRAIL
CHANHASSEN, MN 55317
ROBERT EVANS
331 DEERFOOT TRAIL
CHANHASSEN, MN 55317
PAMELA GUYER
340 DEERFOOT TRAIL
CHANHASSEN MN 55317
STEVEN & PATRICIA SEKELY
341 DEERFOOT TRAIL
CHANHASSEN MN 55317
ROBERT MURRAY
360 DEERFOOT TRAIL
CHANHASSEN MN 55317
SCOTT WIRTH
361 DEERFOOT TRAIL
CHANHASSEN. MN 55317
KEVIN SHARKEY
380 DEERFOOT TRAIL
CHANHASSEN MN 55317
RICHARD MADORE
381 DEERFOOT TRAIL
CHANHASSEN MN 55317
PAUL & GAlL TERRY
400 DEERFOOT TRAIL
CHANHASSEN MN 55317
WILLIAM JANSEN
240 EASTWOOD COURT
CHANHASSEN MN 55317
WILLIAM HENAK & K ALLERS
280 EASTWOOD COURT
CHANHASSEN, MN 55317
DAVID & KAREN DAOUST
9470 FOXFORD ROAD
CHANHASSEN MN 55317
JOANNE/RICHARD LAME3-rRY
9490 FOXFORD ROAD
CHANHASSEN MN 55317
DENNIS MILLS
9510 FOXFORD ROAD
CHANHASSEN, MN 55317
RICHARD J CHADWICK
9530 FOXFORD ROAD
CHANHASSEN MN 55317
PETER PEMRICK
9251 KIOWA TRAIL
CHANHASSEN MN 55317
TODD PORTER
9261 KIOWA TRAIL
CHANHASSEN MN 55317
BARRY BERSHOW
9271 KIOWA TRAIL
CHANHASSEN MN 55317
CRAIG HALVERSON
9283 KIOWA TRAIL
CHANHASSEN MN 55317
CRAIG & KATHRYN HALVERSON
9283 KIOWA TRAIL
CHANHASSEN MN 55317
STEVEN & RENEE WILLIAMS
9291 KIOWA TRAIL
CHANHASSEN MN 55317
SCO3-r & SUSAN BABCOCK
9351 KIOWA TRAIL
CHANHASSEN MN 55317
PETER C. LILLIE
9355 KIOWA TRAIL
C~HASSEN, MN 55317
ROBERT H. PETERSON
9101 LAKE RILEY BLVD.
CHANHASSEN, MN 55317
DENNIS BAKER
9219 LAKE RILEY BLVD
CHANHASSEN, MN 55317
RICHARD BLUMENSTEIN
9361 KIOWA TRAIL
CHANHASSEN, MN 55317
NATHAN BERGELAND
9111 LAKE RILEY BLVD
CHANHASSEN, MN 55317
EDWIN DOMKE
1980 STANICH COURT
MAPLEWOOD, MN 55109
JOHN BELL
9371 KIOWA TRAIL
CHANHASSEN, MN 55317
JACK HUNGELMANN
9117 LAKE RILEY BLVD
CHANHASSEN, MN 55317
GORDON & CASEY ALEXANDER
6895 SAND RIDGE ROAD
EDEN PRAIRIE, MN 55346
MARK MOKSNES
9381 KIOWA TRAIL
CHANHASSEN. MN 55317
JOHN GOULETT
9119 LAKE RILEY BLVD
CHANHASSEN, MN 55317
GORDON & CASEY ALEXANDER JR.
6895 SAND RIDGE ROAD
EDEN PRAIRIE, MN 55346
JOYCE E. KING
9391 KIOWA TRAIL
CHANHASSEN, MN 55317
RICHARD OLIN
9125 LAKE RILEY BLVD
CHANHASSEN, MN 55317
RON YTZEN
9227 LAKE RILEY BLVD
CHANHASSEN, MN 55317
RANDI BOYER ROBINSON
9005 LAKE RILEY BLVD
CHANHASSEN, MN 55317
DAVID A. DUHAIME
9131 LAKE RILEY BLVD
CHANHASSEN, MN 55317
FREDERICK POq-I'HOFF
9231 LAKE RILEY BLVD
CHANHASSEN, MN 55317
LAURA M. COOPER
9015 LAKE RILEY BLVD
CHANHASSEN, MN 55317
ALAN DIRKS
9203 LAKE RILEY BLVD
CHANHASSEN, MN 55317
SCOTt JOHNSON
9235 LAKE RILEY BLVD
CHANHASSEN, MN 5.5317
NORMAN GRANT JR
9021 LAKE RILEY BLVD
CHANHASSEN, MN 55317
LELAND SAPP/DIANE TAYLOR
9201 LAKE RILE BLVD
CHANHASSEN, MN 55317
PAUL OLSON
9239 LAKE RILEY BLVD
CHANHASSEN, MN 55317
DEl_BERT & NANCY SMITH
9051 LAKE RILEY BLVD
CHANHASSEN, MN 55317.
CURTIS KRIER
9211 LAKE RILEY BLVD.
CHANHASSEN, MN 55317
JOY A. SMFrH
9243 LAKE RILEY BLVD
CHANHASSEN, MN 55317
9071 LAKE RILEY BLVD
CHANHASSEN, MN 55317
GREG HASTINGS
9217 LAKE RILEY BLVD
CHANHASSEN, MN 55317
LUCILLE REMUS
9245 LAKE RILEY BLVD
CHANHASSEN, MN 55317
.l
JAMES F. JESSUP
9247 LAKE RILEY BLVD
CHANHASSEN, MN 55317
DONALD W SI'I-I'ER
9249 LAKE RILEY BLVD
CHANHASSEN, MN 55317
WILLIAM D. SAMUELSON
106 LAKEVIEW ROAD EAST
CHANHASSEN, MN 55317
STEVE & KATHLEEN M BURKE
9591 MEADOWLARK LANE
CHANHASSEN, MN 55317
TIM ERHART "
9611 MEADOWLARK LANE
CHANHASSEN, MN 55317
RICHARD P VOGEL
105 PIONEER TRAIL
CHANHASSEN, MN 55317
MICHAEL & TERESA MONK
9671 MEADOWLARK LANE
CHANHASSEN, MN 55317
l,,. ~.. ,,,,,.
MICHAEL & LISA A REILLY
2305 INDIAN RIDGE DR
GLENVIEW, IL 60025
CAROL & WILLIAM GRAY
50 PIONEER TRAIL
CHANHASSEN, MN 55317
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
JULY 14, 1998
Chairperson Johnson called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Willard John.~on, Steven Berquist and Carol Watson
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR AN 11 FOOT VARIANCE FROM Tree. 30 FOOT REAR YARD
SETBACK FOR Tm~ CONSTRUCTION OF A ENCLOSED PORCI~ KIM BEAUCLAIR
(CONTRACTOR) CFrRIS AND CRAIG WINTER (OWNERh 8372 STONE CREEK
DRIVE
Cynthia Kirchoffpresented the staff report on this item.
Steve Berquist asked if the side yard setback on the flag lot is 20 feet.
Kirchoff responded that it was 10 feet.
Carol Watson stated that the house on the adjacent flag lot would probably be oriented in such a
way that the side of the house would abut the rear of the subject property and face the driveway.
Berquist stated that it is logical for a side yard to abut a side yard, not a rear ym'd. He explained
that this variance would allow the tree canopy to remain in the rear yard.
Willard Johnson stated that the porch should be placed in the rear yard because if a variance is
granted, it will place pressure on the vacant lot.
Berquist moved, Watson seconded the motion to approve an 11 foot variance from the 30 foot
rear yard setback for the construction of an enclosed porch_ Johnson opposed. The motion failed
by a vote of 2 to 1.
Watson stated that the decision was not arbium'y because it is a unique situation- She explained
that this variance will save trees in the back yard. Ms. Watson also stated that in a normal
situation, the side yard would only be 20 feet. Watson stated that the house will probably be
oriented so that the side abuts the rear yard of subject property and the enclosed porch.
Craig Winter stated that the house on the vacant lot could be setback further than 10 feet.
Watson stated that the house has to be built within the required setbacks.
Board of Adjustments and Appeals Meeting Minutes
July 14, 1998
Page 2
Mike Clausen, the home builder, stated that the two lots would have had the choice to share a
driveway if the garage was end-loading.
Johnson stated that the variance would put pressure on the vacant lot.
Watson asked if the utility easements were occupied.
Kirchoff stated that she is uncertain and that engineering should be consulted.
Berquist stated that the power line and the creek are in the easements.
Watson moved, Johnson seconded the motion to close the public heahng.
APPROVAL OF MINUTES: Watson moved, Berquist seconded the motion to approve the
minutes of the Board of Adjustments and Appeals Meeting dated June 30, 1998. All voted in
favor and the motion carried.
Watson moved, Johnson seconded the motion to adjourn.
The meeting was adjourned at 6:20 p.m.
Prepared and Submitted by Cynthia Kirchoff
Planner I