1998 09 29 AGENDA
CHANHASSEN ZONING BOARD OF
ADJUSTMENTS AND APPEALS
TUESDA Y, SEPTEMBER 2~, 1~8, 6:00 P.M.
CHANHASSEN CITY HALL, ~0 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
NE W BUSINESS
lm
l/'ariance from the 75foot lake shore setback for the construction of a deck on property
zoned RSF and located at 6621 Minnewashta Parkway, Tom and Mary ~41lenburg.
g
lfariance from the 30foot front yard setback for the construction of a pool on properly
zoned RSF and located at 1520 Heron Drive, D. Bennett & Sons (applicant) and Kevin
and Lisa Olson (owners).
3. Approval of Minutes.
Adjournment
CITY OF
BOA DATE: 9/29/98
CC'DATE:
CASE #: 98- 9 VAR
BT. Kirchoff:v
STAFF
REPORT
Z
<1:
PROPOSAL:
LOCATION:
APPLICANT:
A request for twenty-eight (28) foot variance from the seventy-five foot (75)
shoreland setback for the reco~~on and expansion of a d~k_
6621 Minnewashta Pkwy.
(Lot 2, Block 2, Minnewtmhta Creek First Addition)
Tom & Mary Allenburg
6621 Minnewashllt Pkwy
Excelsior, MN 55331
(474-7938)
bJ
PRESENT ZONING:
ACREAGE:
DENSITY:
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACFER:
RSF, Single Family Residential
Approx.. 30,000 sq. fa
N/A
N:
S:
E:
W:
RSF, Single Family Residential
RSF, Single Family Residential
Lake Minnewashta, Recreational Development Lake
RSF, Single Family Residential
Available to the site
!
This site is a riparian lot on Lake l~qinnewashta that contains
an existing home with a deck_
2000 LAND USE PLAN: Low De~i~ Residential
.
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Allenburg Variance
September 29, 1998
Page 2
APPLICABLE REGULATIONS
Section 20-48 l(a) requires that structures (including decks) be setback (75) seventy-five feet
from recreational development lakes (Attachment 2).
Section 20-72(a) states that there shall be not expansion, intensification, replacemeng 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 ora dwelling is nonconforming, no additions may be
added to the nonconforming side of the building unless the addition meets setback requirements
(Attachment 4).
BACKGROUND
The subject property is located in Minnewashta Creek First Addition. This planned unit
development was approved in 1976. Staff assumes that, as part of the platting process, house
locations and types were included on the plato In 1977, the shoreland ordinance was adopted.
This ordinance required a 75 foot setback from the ordinary high water mark of recreational
development sewered lakes. When the house was built in 1979 it did not meet the setbacks
(about one-half of the house is in the setback). The house was constructed 58 feet from the lake
and the deck 47 feet.
ANALYSIS.
The applicant is requesting a 28 foot variance to allow for the complete reconstruction of an
existing deck and the construction of an additional section with stairs. The zoning ordinance
requires a 75 foot setback from the ordinary high water mark of a recreational development lake.
The existing deck is 47 feet from the edge of the lake. The lot varies in depth from 128 feet to
180 feet with the lake increasing in distance as one moves to the south_ The City Code does not
permit the intensification of a nonconforming smaemre (Section 20-72). The applicant is
expanding the nonconformity by increasing the area of aa existing deck. However, the additional
decking is 49 feet from the lake, which is less than the established setback_
Staff surveyed the building permit files along the western portion of Lake Minnewashtah and
found that the majority of the properties in this area of Lake Minnewashta meet the required
setback (see Attachment 5). However, when this home was constructed, it did not meet the 75
foot setback. The additional decking will not create a new lakeshore setback. Being the
shoreline meanders, the new decking will be 49 feet from Lake Minnewashta.
Staff recommends approval of the variance request because it will not create a new lakeshore -
setback.
Allenburg Variance
September 29, 1998
Page 3
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:
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 pm-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The.applicant has a reasonable use of this property, however, the depth of the
property makes it difficult to expand an existing deck. The additional decking will not
create a new lakeshore setback. The variance will not depart downward from pre-existing
neighborhood standards.
bi
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 request is based are not applicable to
most other properties in the RSF zoning district. Although the City does have many
riparian properties, most properties are non-riparian and maintain a 30 foot rear yard
setback.
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 variance is not based upon a desire to increase the value or
income of the property, but to reconstruct a deteriorating deck and slightly increase the size
of the deck.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created. The lot was platted prior to the shorelaad
ordinance so the depth is insufficient for an average home.
el
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.
Allenburg Variance
September 29, 1998
Page 4
Finding: The granting of the vaxiance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
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
Finding: The variance will not impair an adequate supply of light and air to adjacent
properties or increase the congestion of the public street It will not endanger the public
safety or diroinish property values in the neighborhood. Due to the extenuating nature of
the existing deck, the reconsmmfion will improve safety.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
'Whe Board of Adjustments and Appeals approves the request for a 28 foot variance from the 75
shoreland setback for the reconstruction and expansion of a deck based upon the findings presented
in the staff report."
ATTACHME~S:
1. Application
2. Section 20481 (a), Shoreland Setbacks
3. Section 20-72, Nonconforming Uses and Structures
4. Site Plan
5. Lake Minnewashta Setbacks
6. Property Owners
8:~plan~k~oa~allenbur8 98-9 var.dac
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
RECEt,VED
. '$EP - :!. 1998
CITY OF CHANHASSEN
DEVELOPMENT REVIEW APPLICATION
TELEPHONE (Daytime)
OWNER:.
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
· Sign Plan Review
Site Plan Reviow*
Subdivision*
. Temporary Sales Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
Escrow for Filing Fees/Attorney Cost**
($~ CU P/SP R/VACNAR/WAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $ L2.5. ~
A list 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 size folded copies of the plans must be submitted, including an 8½" 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.
v" PROJECT NAME /~~ ~
·
LOCATION
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
V/REASON FOR THIS REQUEST
i
application must be completed in full and be typewritten or clearly printed and must be accompanied by all Information
plans required by applicable City Ordinance provisions. Before filing 'this application, you should, confer with the
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 action by the City and that I em responsible fo/' complying
with all City requirements with regard to this request. This application should be processed In my name end 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, etc. with an estimate prior to 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 approvaVpermlt is granted within 120 days with the Carver County Recorder's
Office and the original document retumed to City Hall Records.
Signature of A~3plicant
Date
Signature of ~ Owner
Application Received on ~/! /qGO/ .
Date
· The applicant should contact staff for a copy of the etaff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the appllcant'e addreu.
ZONING § 20-481
Tributary
Agricultural No Sewer Sewer
Triplex 800 200 150
Quad 375 250 190
(4) Additional special provisions. Residential subdivisions with dwelling unit densities
exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if
designed and approved as residential plnn,ted unit developments. Only land above
the ordinary high water level of public waters shall be used to meet lot area
standards, and lot width standards shall be met at both the ordinary high Water level
and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3)
can only be used if publicly owned sewer system service is available to the property.
(Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95)
Sec. 20-481. Placement, design, and height of structure.
(a) Placement of structures on lots. When more than one (1) setback applies to a site,
structures and facilities shall be located to meet all setbacks. Structures and onsite sewage
treatment systems shall be setback (in feet) from the ordinary high water level as follows:
Classes of Public Waters
Lakes
Natural environment
Recreational development
Sewage
Structures Treatment
Unsewered Sewered System
150 150 150
100 75 75
Rivers
Agricultural and tributary 100 50 75
When a structure exists on a lot on either side, the setback of a proposed structure shall be the
greater of the distance set forth in the above table or the setback of the existing structure.
One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b)
of this article may be setback a minimum distance of ten (10) feet from the ordinary high water
level.
(b) Additional structure setbacks. The following additional structure setbacks apply,
regardless of the classification of the waterbody.
Setback From:
(1) Top of bluff;
(2) Unplatted cemetery;
(~) Right-of-way line of federal, state,
or county highway; and
Setback (in feet)
3O
5O
5O
Supp. No. 8 1195
§ 20-60
CHANHASSEN CITY CODE
Sec. 20-60. Denial.
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.
ford. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86)
Secm. 20-61--20.70. Reserved.
DIVISION 4. NONCONFORMING USES*
Sec. 20-71. ~
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. Nonconformin_~ uses and structures.
(a) There mhall be no expansion, intensification, replacement, structural change, or relo-
cation of any nonconforming use or nonconforming structure except to lessen or elirninate the
nonconformity.
fo) Notwithstandi,~g 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 nmy not be increased. If a
setbac~ of a dwelling is nonconformlnL,, no additions may be added to the nonconforming side
of the building unless the addition meets eetback requirements.
(c) No nonconform;nE use shall be resumed ff normal operation of the use has been
discontinued for a period of twelve (12) or more months. T/me shallbe calculated as beginning
on the ~ following the last ~ 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 ~_hi~, or~t-Ance shall be allowed to be established.
*Editor's note-Sect/on 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. Bls. 163, § 1, adopted Feb. 24, 1992.
Supp. N~. 4
1164
ZONING § 20-73
(d) 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
diminished 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 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 (19) months. For the purposes of this section, intensity of use shall be mea-
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
(e) Maintenance and repair ofnonconforrning structures is permitted. Removal or destruc-
tion 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-
t/nue the nonconforming structure.
(f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if approved by the city council a nonconforming land use' may be changed to another noncon-
forming land use of lgss intensity ff it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensities of uses.
(g) If a nonconforming 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. 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 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.
(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 (75) percent of the
mi~,~um requirements of this chapter.
(c) Except as oth~ specifically provided for detached single-family dwellings, 'there
shall be no expansion, 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
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LAKE SHORE SETBACKS
/I~WASHTA
CFIEEK
7 1
12
13
12
2 15
15
13
12
16
H7'
2
25.005,.t000
25.OO512OO
25.0051600
D
25.0051500
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENTS AND APPEALS
Tuesday, September 29,' 1998
at 6:00 p.m.
City Hall Council Chambers
690 City Center Drive
PROJECT:
Front Yard Setback Variance
Glendale
APPLICANT: Tom and MaryAIlenburg
LOCATION: 662t Mlnnewashta Parkway
NOTICE: You are invited to attend a public hearing about a development proposed in your area.
The applicant, Tom and Mary Allenburg, are requesting a variance from the 75 foot lake shore
setback for the construction of a deck on property zoned RSF and located at 6621 Minnewashta
Parkway.
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 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 September 17, 1998.
,KENNETH & DONNA DURR
4830 WESTGATE ROAD
NNETONKA, MN 55345
MINNEWASHTA CREEK ASSN.
ATrN NANCY NELSON
3891 UNDEN CIRCLE
EXCELSIOR, MN 55331
DAVID TERPSTRA
6581 JOSHUA CIRCLE
EXCELSIOR, MN 55331
MICHAEL F. SKALLMAN
6590 JOSHUA CIRCLE
EXCELSIOR, MN 55331
BRIAN WINDSCHITL
6591 JOSHUA CIRCLE
EXCELSIOR. MN 55331
KRIS & DAWN KNOX
3801 LESLEE CURVE
EXCELSIOR, MN 55331
DAVID LOCKWOOD
3810 LESLEE CURVE
EXCELSIOR, MN 55331
HARRY DUNN
PO BOX 343
EXCELSIOR, MN 55331
LESTER C JR & N ANDERSON
6200 BEARD PL
MINNEAPOLIS, MN 55410
LEWARHOL
SLEE CURVE
EXCELSIOR, MN 55331
JOSEPH FROEHUNG
3840 LESLEE CURVE
EXCELSIOR, MN 55331
STEVE & LAURIE ERICKSON
3850 LESLEE CURVE
EXCELSIOR, MN 55331
MARK ROGERS
3851 LESLEE CURVE
EXCELSIOR, MN 55331
VINCE DECKER
3861 LESLEE CURVE
EXCELSIOR, MN 55331
DOUGLAS & DENISE FOOTE
3871 LESLEE CURVE
EXCELSIOR, MN 55331
DIANE BARTZ
3881 LESLEE CURVE
EXCELSIOR, MN 55331
VINCENT FEUERSTEIN
3800 LINDEN CIRCLE
EXCELSIOR, MN 55331
TERRY THOMPSON, SR.
3620 LINDEN CIRCLE
EXCELSIOR, MN 55331
VIC & DIANE MORAVEC
3821 UNDEN CIRCLE
EXCELSIOR, MN 55331
MICHAEL BARNES
3840 LINDEN CIRCLE
EXCELSIOR, MN 55331
BLAKE BOGEMA '
3841 UNDEN CIRCLE
EXCELSIOR, MN 55331
THOMAS KRUEGER
3860 UNDEN CIRCLE
EXCELSIOR, MN 55,331
STEPHEN & SANDY CASTER
3861 UNDEN CIRCLE
EXCELSIOR, MN 55331
DAVID & CONNIE RIKKE
3840 MAPLE CIRCLE
EXCELSIOR, MN 55331
DEAN/JACQUELINE SIMPSON
7185 HAZELTINE BLVD
EXCELSIOR, MN 55331
NANCY & DANA JOHNSON
6541 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
TIMOTHY COLLERAN
6560 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
CHARLES F. ANDING
6601 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
THOMAS ALLENBURG
6621 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
DALE MENTEN
6630 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
ZOE BROS
6631 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
JAMES & JEAN WAY
6641 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
BRUCE BOSSHART
6671 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
ROBERT M. JOSEPHS
6701 MINNEWASHTA PKWY
EXCELSIOR, MN 55331
CITY OF
BOA DATE: 9/29/98
CCDATE:
CASE #: 98- 10 VAR
BT.. Kirchoff:v
STAFF
REPORT
Z
0
PROPOSAL:
LOCATION:
APPLICANT:
A request for a two (2) foot variance from the thirty (30) foot front yard
setback for the location of an above-ground pool.
1520 Heron Drive
Chanhassen, MN 55317
(Lot 3, Block 1, Lake Susan Hill~ West Third Addition)
D. Bennett & Sons, Inc.
3300 County Road 10, Suite 110
Brooklyn Center, MN 55429
561-9266
Kevin & Lisa Olson
1520 Heron Drive
Chanhassen, lVIN 55317
368-4644
Itl
PRESENT ZONING:
ACREAGE:
DENSITY:
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACFER:
PUD-R, Planned Unit Development, Residential
Approx. sq. fl. 15,000 sq. fl.
N/A
N:
S:
E:
W:
IOP, Industrial Office Park
RSF, Single-Family Residential
PUD-R, Planned Unit Development, Residential
PUD, Planned Unit Development
Available to the site
This site is a comer lot with two from yards. A single-
family home with attached garage exists on the site.
2000 LAND USE PLAN: Low Density Residential
V, RYW
CRVS
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! KIMBERLY LANE
2 Nicholas V~4~y
'.o u lter Blvd ~
Suffox Dr
Burlwood Dr .'
Rosewood Dr /'
Bowers Place
Lak~ Susan
D. Bennett & Sons, Inc. Variance
September 29, 1998
Page 2
APPLICABLE REGULATION
Section 20-615(5)(a) requires a 30 foot front yard setback for all properties in the RSF district
BACKGROUND
The existing home was constructed in 1991 as part of Lake Susan Hill.~ West 3ra Addition. The
subject property is a corner lot and has two fixmt yaxds for setback purposes. The existing house
and attached garage meet all required setbacks.
In April 1998, a building permit application for an above-ground pool was submitted. When the
planning staff reviewed the application, the pool did not meet the required 30 foot setback. The
contractor (D. Bennett & Sons, Inc.) was informed that the setback is 30 feet from the property
line. The setback was also noted on the survey which accompanied the application. In August,
the homeowner applied for a permit for a deck. When the owner picked-up the permit, staff
noted that the permit for the pool was not picked-up. The homeowner stated that the pool was
already constructed. The pool was installed without an issued permit. When the pool was
inspected, it was determined that it did not meet the required setback. The inspector measured 28
feet. The homeowner was informed that the setback is 30 feet. The decision was made by the
homeowner that the pool cannot be moved because of the landscaping.
ANALYSIS
The applicant is requesting a 2 foot variance from the 30 foot front yard setback requirement to
keep an above-ground pool at its current location. Approving this variance will permit the pool
to remain 28 feet from a property line abutting Bittern Court.
Staffbelieves that the city should not be held accountable for a contractor's error. It is the
responsibility of the contractor to make certain that a structure complies with all zoning and
building code requirements and with the local government's permit process. The locafional and
building code requirements were clearly spelled out on the ~t information. The fact that this
slxucture is not permanently affixed to the ground and can be moved to meet the required setback
makes this request frivolous. Therefore, a vaxiance should not be granted.
Staff recommends denial of this variance request because flae pool can be moved to meet the
required setback.
FINDINGS
The Board of Adjustments and Appeals shall not recomme~ and the City Council shall not grant a
variance unless they find the following facts:
D. Bennett & Sons, Inc. Variance
September 29, 1998
Page 3
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~i?~ 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 literal enforcement of this chapter does not create an undue hardship. The
applicant can place an above-ground pool on the property within the required setbacks
without a variance. This variance would depart downward from the pre-existing standards
in the neighborhood.
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 request is based are applicable to most properties
within the RSF 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: The purpose of the request is so the pool does not have to be shif~d two feet
from the property line.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is self-created. The hardship was created by the contractor when
the pool was placed in a required setback.
The granting of the variance will not be de~-nental 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 allow a pool to be placed in a setback, which in
the majority of the properties in the RSF district is free of structures.
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.
D. Bennett & Sons, Inc. Variance
September 29, 1998
Page 4
Finding: The variance will allow au above-ground pool to be closer to a public street than
would be normally found in a RSF district.
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 2 foot variance from the 30 front
yard setback for the location of a pool based upon the findings presented in the staff report."
ATTACHMENTS:
1. Application
2. Section 20-615, RSF District Requirements
3. Site Plan
4. Permit Information
5. Property Owners
\~efsl\vol2~plan~ek~oa~d~nnett & sons 98-10 var.doe
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT RE,VIEW APPLICATION
TELEPHONE (Day time) ~/~--..~/-~;~ TELEPHONE=~~
.__ ·
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 Escr~r Filing Fees/Attpru~y Cost**
5~.~. _ UP/SPRNAC~ AP/Metes
and Bounds, $400 Minor SUB) I'/c ~~E~J,
TOTAL FEE $ r-//~.~
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
application.
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.
LOCATION
-- / -
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
is applicat6n must be ~mpl~ed in'full a~ b~ ~ew~en or clea~ p~ed and ~a ~ a~~nled by all i~o~ation
and plans required by appli~ble C~ O~inance provisions. Before filing this ~li~bn, ~u s~u~. ~er ~h the
Planning Depa~ment to determine the spec~ o~ina~e and pm~dural requireme~ ~pl~le ~ ~ur ~plication.
This is to ce~y that I am ma~ng application for the des~d a~n by the C~ ~ t~ ! am res~n~ble fo~ ~~i~
wEh all Ci~ requirements wRh regard to th~ request. ~is appleton s~uld be p~ess~ In ~ ~ a~ I am the pa~y
whom the City should ~a~ regarding any mailer pe~alnl~ to th~ ~l~n. I ~ ~ached a ~py of proof of
ownership (e~her ~py of ~ner's Duplicate Ce~Ei~te ~ ~le, ~ra~ ~ ~e or ~~e agme~nt), or I am the
authorized person to make ~is appli~tion a~ the fee owner h~ a~o s~ned ~ ~l~on.
I will keep myself informed of the deadlines for submission of material and the progress of this appll~tion. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed ~ the study. The documents and Information I have submitted are true and correct to the best
of my knowledge. ~,'~
I also understand thatc%.fter t~e ~proval or granting of the permit, such permits shall be Invalid unless they are record_e?
against the title to the I~ro'~rt~for~hich the approvaVpermit is granted within 120 days with the Carver County Recorder s
Office and the original d~c~ rltumed to City Hall Records.
Signa--ture of ' licant "-" " ' -- '"- Dat~
Sigr~ure of F~ e~/~t '~ Date
,plication Rec' on ~'ll z~. lc{ ~:~ Fee Paid. "~'/'7.~' Receipt No.~c~-//
· The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, e copy of the report will be mailed to the applicant's address.
D, Bennett
~l~.and k
ons, ~
3300 County Road 10, Suite 110 · Brooklyn Center, MN 55429 · (612) 561-9266
September 2, 1998
Cynthia R. Kirchoff
CITY OF CHANHASSEN
690 City Center DR
Chanhassen MN 55317
Dear Ms Kirchoff
D BENNEI'r & SONS ]:NC are requesting a variance of 2 feet on an above
ground swimming pool installed at 1520 Heron DR in Chanhassen.
The problem is that the pool water wall is 30 feet 4 inches on the north side of
the property but the Buttress Kick Outs are 2 feet closer to the property line
which makes the need for the variance.
The swimming pool is not a permanent structure, It is all above ground and can
be moved.
When I applied for the permit I was under the impression that the 30-foot set
back was from the water wall not from the Buttresses. The swimming pool is
landscaped With rock and is very eye appealing.
I want to thank you in advance and appreciate your time looking into this
request for a variance.
-..
Sinc..efely ~'k , -,. '-,
' -.
Sales Manager for the State of Minnesota
D. Be nett
· and
,~ Sons,
3300 County Road 10, Suite ! 10 · Brooklyn Center; MN 55429 · (612) 561-9266
September 15, 1998
Cynthia R. Kirchoff
CITY OF CHANHASSEN
690 Clty Center DR
Chanhassen MN 55317
1998
Dear Ms K]rchoff
I went out to 1520 Heron DR in Chanhassen to mmeasure. The Building
Inspector had measured the distance between the pool fence to the curb; not
the pool wall to the curb. My measuremenl:s were 40 feet from the pool wall to
the curb. If you subtract the 10 feet from the curb you end up with 30 feet,
which meets the code; therefore I don~c think we need the variance.
I have enclosed pictures of the pool and the area including the house and deck.
Once again, the swimming pool is not a permanent structure, It is all above
ground and can be moved. As you will notice in the pictures - the new deck
stands closer to Bittern Court than the pool.
I have spo~X~ith Lisa Olson (the home owner) she called the city the day the
pool was to I~ ii~ .st?ailed and was told that the set backs were 30 fe~t fzom the
curb. After he~trin§ this they went ahead and had the pool installed.
\-
I want to thank yoilxagaln for looking In to this matter. Please keep these
pictures wIth all of tl~ Paperwork If we sUII riced to get the variance.
·
Brian .1. Bora~
D. BENNE'I-I' 8OSONS INC
Sales Manager for the State of Minnesota
Enclosure
§ 20-595
CHANHASSEN CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The m~n~mum 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 t'd~y (1,250)
feet.
(Ord. No. 80, Art. ¥, § 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. 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. 20-597~20-610. Reserved.
ARTICLE XII. '~SF" SINGLE.FAMU.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(5-5-14 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(5-5-2), 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.
Supp. No. 9 1210
· ZONING § 20-615
(2) Storage building.
·
(3) Swimmin~ pool.
(4) Tenni~ 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 fi_eceen 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~ilinear 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 CHANHASSEN CITY CODE
illustrated below.
Leto Whore Frontage 18
Measured At 8otbiok 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 L~te
Fron Lot Line
I ! I I
~t II I
Lot Width ~~_j t I
t I I I
a._._l_..j
(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
Qpercent.
The setbacks are as follows:
For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
Supp. No. 9 1212
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937-1
9OO
INSPECTION FOR Y~
DATE TIME
/
PERMIT N O.~&~/~--'
dtJt.-U~-~ iur. Ul,.qU r'l'! U~H tflI.RJ~)lKt~ lflb I'H~ flU.
j~PROVED PLANS, SURVEY, MFG.
MPONENT SPI:C'S AND PERMIT
CARD MUST BE ON JOB SITE AT
'- ALL TIMES
5'" CONTRASTING HOUSE
NUMBERS REQUIRED
dO5 ~TA'l~g
Tm,. CoD ,,J~t111 FAX
ENGINEERING C~TIONS
SWIMEONG POOL
PREPARED FOR
ANCHOR INDUSTRIF_,S
111 KERO ROAD
APPROVED
CASE # 1 - 24~ROUND POOL
CA~ # 2- 15' X 24' OVAL POOL W/PATIO
CASE # 3 - 15' X ~)' OVAL POOL W/PATION
WITH CODI/5 AND FIELD INSPECTIONS.
CiTY OF CHANHASSEN BUILDING DEPT.
__
OUR FILE: 94/675
NO OCCUPANCY ALLOWED
UNTIL FINAL INSPECTION AND APPROVAL
CALL BUILDING i.i'-;$p;-CTOR 937-1900.
PENALTY-MAXIMUM $500.00 FINE.
CALL FOR INSPECTIONS
..__FOUNDATION ( FORE
BACKFILL)
FRAMING & SHEATHING
INSULATION
LATH
__.___GYPSUM WALLBOARD
FIREPLAa/
PLUMBING, HVAC AND ELECTRICAL
PERMITS AND INSPECTIONS REQUIRED
BEFORE FRAMING INSPECTION.
·
NEW .rE~E¥ LIC. #29847
?ENNSYI.,V~ LIC. #3~
~'"~ Sc~l~: 1" - ~o'
,
.,
¢ /~ e~o~.~'~ z''~-
Plat bearings shown
NOTICE OF PUBLIC HEARING
lARD OF ADJUSTMENTS AND APPEALS
Tuesday, September 29, 1998
at 6:00 p.m.
City Hall Council Chambers
690 City Center Drive
PROJECT: Front Yard Setback Variance
APPLICANT:
LOCATION:
D. Bennett & Sons (applicant)
Kevin and Lisa Olson (owners)
1520 Heron Drive
NOTICE: You are invited to attend a public hearing about a development proposed in your area.
The applicant, D. Bennett & Sons (applicant) and Kevin and Lisa Olson (owners), are requesting a
variance from the 30 foot front yard setback for the construction of a pool on property zoned RSF
and located at 1520 Heron 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 t~ 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 September 17, 1998.
PHU TRINH
8548 ALISA COURT
CHANHASSEN, MN 55317
BRIAN ROME
8461 BITTERN COURT
CHANHASSEN MN 55317
BARRY PATEL
1490 HERON DRIVE
CHANHASSEN MN 55317
PHILIP JENSEN
8551 ALISA COURT
CHANHASSEN, MN 55317
THANH TANG
8470 BI'I-I'ERN COURT
CHANHASSEN MN 55317
JIM CARMICHIEL
1491 HERON DRIVE
CHANHASSEN MN 55317
JOHN SCHLIESMAN
8559 ALISA COURT
CHANHASSEN, MN 55317
GARY & PATTI LUND
8471 BITTERN COURT
CHANHASSEN MN 55317
JOHN & CONNIE HERRING
1500 HERON DRIVE
CHANHASSEN MN 55317
TOM JOHNSON
8560 ALISA COURT
CHANHASSEN. MN 55317
JEFFREY ALAN KULLBERG
8480 BITTERN COURT
CHANHASSEN MN 55317
JEROME SCHUELKE
1501 HERON DRIVE
CHANHASSEN MN 55317
KARRI & PETER PLUCINAK
8565 ALISA COURT
CHANHASSEN, MN 55317
MIKE & DENISE CHOINIERE
8481 BI'i-I'ERN COURT
CHANHASSEN. MN 55317
BRIAN REIS
1511 HERON DRIVE
CHANHASSEN, MN 55317
MIKE & ASHLEY PIZZATO
8572 ALISA COURT
CHANHASSEN, MN 55317
DAVID & SHEILA KELLER
8491 BI'I-FERN COURT
CHANHASSEN MN 55317
KEVIN & LISA OLSON
1520 HERON DRIVE
CHANHASSEN. MN 55317
TIM PASS
8584 ALISA COURT
CHANHASSSEN, MN 55317
JAMES A. O'DONNELL
1550 BLUEBILL TRAIL
CHANHASSEN MN 55317
GEORGIA BLACKMUN
1521 HERON DRIVE
CHANHASSEN, MN 55317
SCOTT & SHARON KOBASICK
8450 BITTERN COURT
CHANHASSEN, MN 55317
BOB CHATMAS
1552 BLUEBILL TRAIL
CHANHASSEN MN 55317
DANIEL & GAlL SUTER
1530 HERON DRIVE
CHANHASSEN, MN 55317
DAWNE CHRISTIANSEN and DAVID MUNCH JAMES & REBECCA JACKSON
ROBIN WHITE 1554 BLUEBILL TRAIL 1531 HERON DRIVE
8451 BI'I-I'ERN COURT CHANHASSEN MN 55317 CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
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KURT KLINGELHUTZ
8460 BITTERN COURT
CHANHASSEN, MN 55317
TIM & DEB BLANCHARD
1559 BLUEBILL TRAIL
CHANHASSEN, MN 55317
DANIEL & KlM OBERMEYI~R
1540 HERON DRIVE
CHANHASSEN, MN 55317
~SCOTT FLOLID
1541 HERON DRIVE
NHASSEN, MN 55317
CRAIG MERTZ
PO BOX 216
CHANHASSEN, MN 55317
JODI & QUENTIN STAPP
1551 HERON DRIVE
CHANHASSEN, MN 55317
LYNN & KATHLEEN CALHOUN
8562 OSPREY LANE
CHANHASSEN, MN 55317
TIM & SHARON BAKKE
1561 HERON DRIVE
CHANHASSEN, MN 55317
PATTY HARMON
8571 OSPREY LANE
CHANHASSEN, MN 55317
PAUL & TONI COLEMAN
1571 HERON DRIVE
CHANHASSEN. MN 55317
ELIZABETH FINCH
8572 OSPREY LANE
CHANHASSEN, MN 55317
CHARLES J OLSON
1581 HERON DRIVE
CHANHASSEN, MN 55317
JOHN & CATHY PAULUS
8582 OSPREY LANE
CHANHASSEN, MN 55317
CHRISTOPHER T. ACKERMAN
1591 HERON DRIVE
CHANHASSEN, MN 55317
MIKE & MARY EHRMANTRAUT
8510 SPOONBILL CIRCLE
CHANHASSEN, MN 55317
NATIONAL WEATHER SERVICE
FORECAST OFFICE
1733 LAKE DRIVE WEST
CHANHASSEN, MN 55317
JEROME & BETH MAULE
8520 SPOONBILL CIRCLE
CHANHASSEN, MN 55317
GRANT & JUUE JOHNSON
8532 OSPREY LANE
CHANHASSEN, MN 55317
CHRIS PAROLA
8470 SWAN COURT
CHANHASSEN, MN 55317
JIM BOYLE GREG DOEDEN
8551 OSPREY LANE 8480 SWAN COURT
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
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-.
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. .
DAHL KEVlN SCHMITZ
8552 OSPREY LANE 8490 SWAN COURT
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
SEPTEMBER 1, 1998
Chairperson Johngon called the m~ting to order at 6:05 p.m.
MEMBERS PRESENT: Willard Johnnon, Steven Berquist and Carol Watson
STAFF PRESENT: C~thia Kirchoff, Planner I
A REQUEST FOR A 10 FOOT VARIANCE FROM ~ 30.FOOT FRONT YARI~
SETBACK FOR ~ CONSTRUCTION OF A DETACI~D GARAGE~ 7401
YOSEMITE~ HUE AND CATHERINE LAM.
C~thia Kirchoffpresented the staff report on this item.
Hue Lam stated that he has had plans to construct a detached garage since he purchased the
property. He explained that the proposal is the most logical place to constant a garage because
of existing elevations. Mr. Lam rebutted staff's three proposals for the garage location. He
summarized by saying that the garage placement must be compatible with the existing residence,
not affect the maneuverability of vehicles and not block the view from the lower level of the
residence.
Carol Watson asked the distance between the house and garage on proposal #1.
Kirchoffresponded that it is 6 feet.
Steve Berquist asked if the applicant had considered a 2-stall garage.
Lam responded that his proposal is 32 feet by 22 feet for 3 vehicles and equipment storage.
Berquist stated that there are 2 sheds on the survey.
Lam explained that one of the sheds is deteriorated.
Charlie Herbert, 6614 Yosemite, stated that he lives east of the subject property. He asked if the
variance would devalue his property.
Kirchoff responded that she is not aware that it would.
Herbert asked if it was normal to grant variances on the front property line.
Berquist stated that variances are not granted very often.
Board of Adjustments and Appeals Meeting Minutes
September 1, 1998
Page 2
Willard Johnson stated that they on more rigid on front yard setback variances.
Herbert asked if it was normal for side or front yards or is every situation unique. He explained
how he will rely on the experiences of the Board to make the decision, but the applicant does
need a garage.
Berquist asked if staff would explain the topography of the site.
Kirchoffresponded that the property slopes to the east.
Watson stated that the applicant can expand or shif~ the driveway to accommodate a garage
within the setbacks.
Johnson stated that there are a number of options for the garage location.
Berquist asked Mr. Johnson where he would place a garage.
Johnson responded that he would locate it east of the home.
Lam indicated that the property drops to the east.
Herbert asked if the garage could be attached on the western portion of the home.
Lam stated that there is not sufficient space.
Watson asked if the garage could be placed on the northern portion of the property.
Lam stated that there is not enough space and that the distance from the existing home is a
problem because he would like to attach the garage to the home.
Watson stated that this is a large lot and a large garage proposal.
Berquist stated that the applicant can build 2 stalls now and add the third at the time it is attached
to the home.
Johnson moved, Watson seconded the motion to deny a 10 foot variance from the 30 foot front
yard setback for the construction of a detached garage. All voted in favor and the motion carded.
Berquist stated that there are too many options for the garage placement.
Watson moved, Johnson seconded the motion to close the public hearing.
Board of Adjustments and Appeals Meeting Minutes
September 1, 1998
Page 3
APPROVAL OF MINUTES: Watson moved, Berquist seconded the motion to approve the
minutes of the Board of Adjustments and Appeals Meeting dated August 4, 1998. All voted in
favor and the motion carded.
Watson moved, Berquist seconded the motion to adjourn.
The meeting was adjourned at 6:40 p_m_
Prepared and Submitted by Cynthia Kirchoff
Planner I