1998 11 10 AGENDA
CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS
TUESDAY, NOVEMBER 10, 1998 AT 7:30 P.M.
CHANHASSEN CH'Y HALL, 690 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
New Business
A request for a thirty-nine (39) foot variance from the fit~ (50) foot rear yard setback for
the construction of a screen porch and a request for a five (5) foot variance from the seven
(7) foot bluff setback for the eonsmaefion of a screen porch, on property zoned RR, Rural
Residential and located on Lot 3, Block 1, Hesse Farm (1250 Hesse Farm Road), Eugene &
Miriam Junker.
.
Appeal an administrative decision of the planning department that their retail sales are not
a permitted use nor a grandfathered fight in the RSF, Single Family Residential district,
2630 Orchard Lane, Richard & Yvonne Brown.
3. Approval of Minutes.
Adjournment
It
CITY 0 F '---
CCDATE:
CASE #: 98- 11 VAR
By:. Kirehoff:v
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
(1) A request for a thirty-nine (39) foot variance from the fit~ (50) foot rear
yard setback for the conslxucfion of a screen porch.
(2) A request for a five (5) foot variance from the seven (7) foot bluff
setback for the construction of a screen porch.
1250 Hesse Farm Road (Lot 3, Block 1, Hesse Farm)
Eugene & Miriam Junker
1250 Hesse Farm Road
Chaska, MN 55318
(445-5425)
PRESENT ZONING:
ACREAGE:
DENSITY:
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
RR, Rural Residential
6.8 ~
N/A
N:
S:
E:
W:
Bluff Creek Cmlf Course,
A-2, Agricultural Estate
RR, Rural Residential
RR, Rural Residential
RR, Rural Residential
Unavailable to the site
This site contains severe topography. An existing single
family home is located near the bluff.
2000 LAND USE PLAN: Large Lot Residential
·
/
,NCE REQUEST
REGION
Junker Variance
November 10, 1998
Page 2
APPLICABLE REGULATIONS
Section 20-575 requires a 50 foot rear yard setback in the RtL Rural Residential District
(Attachment 2).
Section 20-1401 states that on parcels of land on which a building has already been constructed
on June 1, 1991, the setback form the top of the bluff is five (5)feet or existing setback,
whichever is more, for additions to an existing building (Attachment 3).
Section 20-72(a) states that there shall be no expansion, intensification, replacement, structural
change, or relocation of any nonconforming use or nonconforming structure except to lessen or
eliminate the nonconformity (Attachment 4).
Section 20-72(b) states that ifa setback of a dwelling is nonconforming, no additions may be
added to the nonconforming side of the building unless the addition meets setback requirements
(Attachment 5).
BACKGROUND
The subject property is located Hesse Farm Subdivision. According to building permit records,
the existing home was constructed in 1977. When the house was constructed a 50 foot rear yard
setback was required. The 1989 aerial photos indicate the that home was constructed
approximately 15 feet from the property line. The survey submitted with the building permit
shows the home approximately 95 feet from the rear property line. When the family room was
constructed in 1984, it did not meet the required 50 foot setback because the home was built in
the required setback. Since the survey was incorrect, staff is estimating the setback and the
variance requests.
In 1991, the bluff' protection ordinance was adopted. This ordinance was intended to protect the
Minnesota River Valley bluffs which include the Hesse Farm Subdivision- The city has prepared
bluff protection aerial photos. According to these photos, the home is located in the bluff and
does not maintain any setbaclc However, smffhas determined.that the top of the bluff is the 900
contour line. The house is actually placed on this contour line. Therefore, according to staff's
calculations, the home maintains a 7 foot setback from the top of the bluff. The proposed porch
is approximately 2 feet from the 900 contour line on the aerial photos.
ANALYSIS
The applicant proposes to construct a 216 sq. fa screen porch. Approximately 120 sq. fa will be
new construction and 96 sq. fa of the porch is existing decking. A large deck does exists on the
rear of the property with portions replaced recently. The applicant was not required to submit an
Junker Variance
November 10, 1998
Page 3
updated survey with this application because of the expense. Therefore, the setbacks are all
approximate.
There are two variances in this application. The first is a 39 foot variance from the 50 foot rear
yard setback and the second is a 5 foot variance from the bluff setback. According to a 1989
aerial photo, the existing home is 15 feet from the rear yard property line and 7 feet from the top
of the bluff. The proposed porch will be 11 feet from the rear property line and 2 feet from the
top of the bluff. Again, these distances are approximate.
This home was not constructed in accordance with the plans submitted with the building permit.
It was constructed approximately 80 feet closer to the rear property line than indicated on the
original survey. Staff cannot determine how this home was permitted in a required setback. This
was probably done to maximize views of the bluff. Over one-half of the home is in this required
50 foot rear yard setback. If the home had been constructed according to the survey, a variance
may not be needed. Since the property in over 700 feet in depth and the home was constructed
by the applicant, the hardship is self-created. A property of this size should not require a
variance to build outdoor living space. The applicant akeady has a large deck to view the bluffs.
Although this home was constructed prior to the adoption of the bluff protection ordinance,
provisions were made for existing situations. It states that any additions must maintain a 5 foot
setback or the existing setback, whichever is greater. In this case, staffhas estimated that the
setback is 7 feet. Therefore, the required setback would be 7 feet. The proposed porch will
reduce the bluff setback to 2 feet. This setback is unacceptable given the overall size and
buildable area of this property. It is uncertain if the decreased setback will further erode the
bluff.
The zoning ordinance does not permit the expansion of a non-conforming structure except to
eliminate the non-conformity. If this variance is approved, it will expand a non-conforming
structure into two required setbacks.
This proposal does not warrant the granting of a variance because a hardship is not present. A
hardship occurs when the owner does not have a reasonable use of the property. A reasonable
use is defined as the use made by a majority of comparable property within 500 feet. A "use" is
defined as "the purpose or activity for which land or buildings are designed, arranged or intended
or for which land or buildings are occupied or maintained." In this case, because it is in a RR
zoning district, a reasonable use is a single family home. The owners have a reasonable use of
the property with a large existing deck. The inability to construct a screen porch does not
constitute a hardship.
Since the applicant has a reasonable use of the property without the screen porch, a hardship does
not exist and staff does not recommend approval of the variances.
Junker Variance
November I0, 1998
Page 4
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:
b.
d.
That the literal eufomement 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-exis~' g standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward fi'om them meet this criteri~
Finding: The applicant has a reasonable use of this property. A house and large deck
currently exist on the site. The applicant has an opportunity to view the bluffs from the
home and deck. Approving this variance will create a new bluff setback and rear yard
setback for the property. It will also permit the expansion of a non-conforming structure
into an environmentally sensitive feature.
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 applicable to most
other properties in the RR zoning district. The majority of the properties in this zoning
district must maintain a bluff setback, and many homes were constructed prior to the bluff
ordinance's adoption.
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 construction of the screen porch will ceminly increase the value of the
property, since the proposed screen porch will offer views of the ravine and bluff.
However, this is not the primary purpose of the request.
The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is self-created. The existing home was not built in accordance with
the plans submitted to the city at the time of building pemfit. It did not meet the 50 foot rear
yard setback.
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.
Junker Variance
November 10, 1998
Page 5
Finding: The granting of the variance will enable a structure to be located closer to an
extremely sensitive environmental feature than the ordinance permits. It will also permit
the expansion of a non-conforming structure. The ordinance was specifically adopted to
prevent further erosion of the Minnesota River Valley bluffs.
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The variance will enable a structure to maintain a rear yard setback that is much
less than what would be found in other properties in the RR zoning district. It will also
permit further expansion into a protected environmental feature, which could cause
unnecessary erosion.
RECOMMENDATION
Staffrecommends that the Board of Adjustments and Appeals adopt the following motion:
'~'he Board of Adjustments and Appeals denies the request for a 39 foot variance from the 50 foot
rear yard setback and a 5 foot variance from the 7 foot bluff protection setb~ick based upon the
findings presented in the staff report and the following:
1. The applicant has not demonstrated a hardship to wan'ant a variance.
2. The applicant has a reasonable opportunity to view the bluffs with an existing deck."
Should the Board of Adjustments and Appeals approve the requests, the following condition shall
apply:
1. The applicants shall be required to have the northem portion of the property surveyed or, at a
minimum, locate the property comers to determine the setbacks.
ATTACHMENTS:
1. Application
2. Section 20-575, RR Setbacks
3. Section 20-1401, Bluff Setback
4. Section 20-72, Non-conforming Uses and Structures
5. Site Plan
Junker Variance
November 10, ! 998
Page 6
6. Staff Revised Site Plan
7. Property Owners
\~cfal\vol2~plan~ck\junker 98-11 vat. doc
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ZO/2Z/Z998 06:~3 6~2 OH~SI,¢, SCHOOLS P~6E 0~
City of Chanhassen FAX 937-5739
Cindy Klmhoff
FROM: Eugene and Miriam Junker
RE: Screen Porch
We are asking for a variance to build a screen pomh on part of our existing
deck, in place of steps that were there and an additional few feet to make it
a rectangular room. We Intend this pomh to be an extension of our family
room.
We have found that during the summer and the fall, living where we do, the
outdoor living ends at 6:30 or 7:00 p.m. We enjoy being out of doors and
this seems like a logical way to do so.
The plans indicate how it is to be built and where it Is to be built.
§ 20-576
CHANHASSEN CITY CODE
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(OrcL
Mineral extraction.
Reserved.
Mobile homes (compliance with section 20-905 is not required).
Bed and bre~ast establishments.
Commercial kennels, stables and ridln.~ academies.
Wholesale nurseries.
C-~O]I dl'/~ ~ with 01' without miniature g01~ Cottr~s.
No. 120, § 3, 2-12-90; Ord. No. 140, § 1, 3-11-9i; Ord. No. 240, § 17, 7-24-95)
Secs. 20-577--20-590. Reserved.
ARTICt.F. XI. '~tR" RURAL RESIDENTIAL DISTRICT
Sec. 20-591. Intent.
The intent of the "PR" District is to provide for single-fAmily residential subdivisions
intended for large lot developments.
(Ord. No. 80, Art, V, § 4(5-4-1), 12-15-86)
Sec. 20-592. Permitted uses.
The following uses are permitted in an "PR" District:
(1) Single-family dwellings.
(2) Public and private parks and 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) Agriculture.
(8) Antennas as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 4(5-4-2), 12-15-86; Ord. No. 259, § 9, 11-12-96)
Sec. 20-593. Permitted accessory uses.
The following are permitted accessory uses in an "PR' District:
(11 Garage.
(21 Storage building.
(3) Swimming pool.
Supp. No. 9 1208
ZONING
§ 2O-595
(4) Tennis court.
(5) Signs.
(6) Home occupation.
(7) One (1) dock.
(8) Roadside stand.
(9) Private kennel.
(Ord. No. 80, Art. V, § 4(5-4-3), 12-15-86)
Sec. 20-594. Conditional uses.
The following are conditional uses in an "RR" District:
(1) Churches.
(2) Private stables.
(3) Public buildings.
(4) Recreational beach lots.
(5)
(4)
Towers as regulated by article XXX of this chapter.
(Ord. bro. 80, Art. V, § 4(5-4-4), 12-15-86; Ord. No. 120, § 4(34 2-12-90; Ord. No. 259, § 10,
11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.
Sec. 20-595. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RR" District subject to
additional requirements set forth in this chapter:
(1) The minimum lot area is two and one-half (2¥=) acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot
frontage of lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the
building setback line.
(3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a
cul-de-sac shall be at least two hundred (200) feet at the building setback 1/ne.
The maximum lot coverage is twenty (20) percent.
The minimum setbacks are as follows:
a. For front yards, fi/fy (50) feet.
b. For rear yards, fif~ (50) feet.
c. For side yards, ten (10) feet.
(6) The maximum height is as follows:
a. For the principal structure, three (3) stories/forty (40) feet.
Supp. No. 9 1209
Sees. 20-1352--20-1399. Reserved.
ZONING § 20-1402
ARTIC~.~. XXVIH. BLUFF PROTECTION
Sec. 20-1400. Statement of intent.
Development, excavation, clearcutting and other activities witl~in the bluff impact zone may
result in increased dangers of erosion, increased vis~ility to surroundiniI properties and
thereby endanger the natural character of the land and jeopardize the health, safety, and
welfare of the citizens of the city. To preserve the character of the bluff impact.zone within the
city, alteration to land or vegetation within the bluff area will not be permitted except as
regulated by this article and by the regulations of the underlying zoning district where the
property is located.
(Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 2, 4-8-96)
Sec. 20-1401. Structure setbacks.
(a) Structures, including, but not Iimlted to, principal buildings, decks, and accessory
buildings, except stairways and landings, are prohibited on the bluff and must be set back from
the top of the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet.
~/ (b) On parcels of]and on which a buildin~ has already been constructed on June 1, 1991, the
setback from the top of the blj~ff is five (5) feet or existing setback, whichever is more, for
additions to an ex/sting building. Any new buildin~ will have to meet the thirty-foot setback.
(Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 3, 4-8-~)
Sec. 20-1402. Stairways, lifts and landings.
Stairways and lifts may be permitted in suitable sites where construction will not redirect
water flow direction and/or increase draina~ velocity. Major topo/raphic alterations are
prohibited. Stairways and lifts must receive an earthwork permit and must meet the following
design requirements:
(1) Stairways and ~ may not exceed four (4) feet in width on residential lots. . Wider
stairways may be used for commercial properties, public open space recreational
properties, and planned unit developments.
(2) Reserved.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts and lanrlings may be either constru~ed above the Kround on posts or
placed into the/round, provided they are designed and built in a manner that ensures
control of soil erosion.
(5) Stairways, lifts and landings must be located in the most visually inconspicuous
portions of lots.
Supp. No. 9 1273
§ 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.
(Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86)
Sees. 20-81-20-70. Reserved..
DMSION 4. NONCONFOKMING USES*
Sec. 20-?1. Purpose.
The purpose of this division is:
(1) To recognize the existence of uses, lots, and structures which were lawful when
established, but which no longer meet all ordinance requirements;
(2) To prevent the enlargement, expansion, intensification, or extension of any noncon-
forming use, building, or structure;
(3) To encourage the elimination of nonconforming uses, lots, and structures or reduce
their impact on adjacent properties.
(Ord. No. 165, § 2, 2-10-92)
Sea. 20.72. Nonconforming uses and structures.
(a) There shall be no expansion, intensification, replacement, structural change, or relo-
cation of any nonconfor~*,g use or nonconforming structure except to lessen or eliminate the
nonconformity. -.
to) Notwithstanding any other provisions of this chapter, any detached single-family
dwelling that is on a nonconformi-g lot or that is a nonconforming use or structure may be
altered, or expanded provided, however, that the nonconformity may not be increased. If a
setback of a dwelling is nonconforming, no additions may be added to the nonconforming side
of the building unless the addition meets setback requirements.
(c) No nonconforming use shall be resumed if normal operation of the use has been
discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning
on the day following the last day in which the use was in normal operation and shall run
continuously thereafter. Following the expiration of twelve (12) months, only land uses which
are permitted by this ordinance shall be allowed to be established.
*Editor's note-Section 2 of Ord. Bio. 165, adopted Feb. 10, 1992, -r-ended Div. 4 in its
entirety to read as set out in §§ 20-71-20.73. Prior to -r-endment, Div. 4 contained §§
20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III,
§ 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992.
Supp. No. 4
1164
ZONING § 20.'/3
(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 ieesened or ff the intensity of the use is in any manner
diminished for a period of twelve 112} or more months. Time shall be calculated as beginning
on the da~ 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 (12) months. For the purposes of this section, intensity of use shall be mea-
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
(e) Maintenance and repair ofnonconforml,tg stru~ 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-
tinue the nonconforming structure.
(f) Notwithstan~,~g 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-
for~,~g l~.d use of less intensity ff it is in the public interest. In all instances the applicant
has the burden of proof regar~i,~g the relative intensities of uses.
(g) If a nonconformi,~L, land use is superseded or replaced by a permitted use, the non-
conforming status of the pre~-,-i-es and any rights which arise under the provisions of this
section shall terminate. --
(Ord. No. 165, § 2, 2-10-92)
Sec. 20-73. Nonconforming lo~s of record.
(a) Bio variance shall be required to reconstruct a detached single.family dwelling located
on a nonconforming lot of record or which is a nonconforming use ff it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of the
destroyed structure and is substantially the same size in building height and floor area as the
destroyed structure. Recons~~n shall commence within two (2) years of the date of the
destruction of the original bulldog 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-i,~um requirements of this clmpter.
(c) Except as otherwise specific~¥ provided for detached single.family dwellings, 'there
shall be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming
(d) If two (2) or more contiguous lots are in aingle ownership and ff 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
,%
~oh~son, sheldon &
ARCHITECTS inc.
5407 EXCELSIOR BOULEVARD
Staff Revised Site Plan
A~~~T ~
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENTS AND APPEALS
Tuesday, November 10, 1998
at 7:30 p.m.
City Hall Council Chambers
690 City Center Drive
PROJECT: Bluff Setback Variance
APPLICANT: Eugene and Mariam Junker
LOCATION: 1250 Hesse Farm Road
NOTICE: You are invited to attend a public hearing about a development proposed in your area.
The applicants, Eugene and Miriam Junker, request a variance from the bluff setback for the constructio
of a screen porch on property zoned RE, Rural Residential and located at 1250 Hesse Farm Road.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood about this project. During the meeting,
the Board of Adjustments Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Board discusses project. The Board will then make a decision.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit
written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on October 29, 1998.
BLUFF CREEK GOLF ASSN
P.O. BOX 475
-'LSIOR, MN 5,5331
HESSE FARM HOMEOWNER'S
C,/O JANET WINTER
1075 HESSE FARM ROAD
CHASKA, MN 55318
RICHARD DEE
1201 HESSE FARM CIRCLE
CHASKA, MN 55318
JEFFREY MAY
1225 HESSE FARM CIRCLE
CHASKA, MN 55318
EDWARD MUELLER
1251 HESSE FARM CIRCLE
CHASKA, MN 55318
KEITH & STACY CARLSON
1301 HESSE FARM CIRCLE
CHASKA. MN 55318
BRUCE RECH
1180 HESSE FARM ROAD
CHASKA, MN 55318
PETER TAUNTON
316-19TH AVE S.E.
WILLMAR, MN 56201
ROGER BROWN
1200 HESSE FARM ROAD
CHASKA, MN 55318
JUNKER
1250 HESSE FARM ROAD
CHASKA, MN 55318
ROBERT STEFFES
1350 HESSE FARM ROAD
CHASKA, MN 55318
MICHAEL & KATHY ARNOLD
1400 HESSE FARM ROAD
CHASKA, MN 55318
NICK EVANOFF
1401 HESSE FARM ROAD
CHASKA, MN 55318
cYrYOF
690 GO.' Center Dri,~e. PO B~r 147
Chan/mse,. 3li,,esota 5531.."
Pho,e 612.937.1900
Ge,end fla' 612937.5739
£,gi,eeri,g fla' 612937.9152
l~tblic 5,~v. ; fla' 612.934.2524
l13b u'u.u', ti. cl, a,lusse,, m,.,s
MEMORANDUM
TO:
Board of Adjustments and Appeals
FROM:
C~thia Kirchoff, Planner I
DATE:
November 4, 1998
Zoning Appeal, Richard & Yvonne Brown
Location:
2630 Orchard Lane
(Minnewashta Park, Lot 4)
Request:
The applicant is appealing an administrative decision of the
planning department that their retail sales are not a permitted use
nor a grandfathered right in the RSF, Single Family Residential
district
BACKGROUND
'The planning department received two complaints regarding the on-street parking
associated with the ret~l sales taking place in the "Red Barn" located at 2630
Orchard Lane. Staff notified the property owners that retail sales are not a
permitted use the RSF district and that the activity must cease. The property
owner met with staff to discuss the notice. The owner contended that they had
been operating a "boutique" twice per year since 1984. Crhis "boutique" entails
Mrs. Brown making eratts and selling them in the red barn located on their
property.) Staff indicated that they would research the adoption of the home
occupation ordinance. It was discovered that retail sales were specifically
prohibited as part of a home occupation since 1972. Staff forwarded this
information to the property owner. Aiter receiving the 1972 zoning ordinance, the
property owner requested to meet with the planning director.
At the second meeting the owner indicated that they have been operating the
"boutique" since 1970, not 1984 as originally stated. The planning director
explained that the owners could either appeal the planning department's
interpretation of the home occupation ordinance and grandfather fights or amend
the zoning ordinance to permit this type of activity in the RSF district. The
property owners chose to appeal staff's decision- The home owner believes that
since they have been operating a "boutique" since 1970 they have grandfather
fights and should be permitted to continue the retail sales.
c/tv af C/~mt/.~#en. A e, vu'ine ,~,nmunin' wid., ,'/,.ut lakes, a::.d,:.~, sc/.,aob, a cl.,,muin~, dotvntown. ~dvh~ businesses, rout beautihd t~arks. .4 freat l~[ace w lire.
Board of Adjustments and Appeals
Brown Appeal
November 4, 1998
Page 2
APPLICABLE REGULATIONS
Article XXII. General Supplemental Regulations. Division 3. Home Occupations (Attachment 2).
Section 20-983 states that no commodities, merchandise or supplies shall be sold or offered for
sale upon or from the premises, whether at retail or wholesale.
Section 20-982 states no traffic shall be generated by any home occupation in greater volume
than would normally be expected in a residential neighborhood, and no home occupation
involving the need for more than three (3) parking spaces for the occupants and visitors shah be
permitted. Adequate off-street parking facilities required to serve the home occupation shall be
provided on the premises, but no such parking facilities shah be established within any required
front or side yard, except upon an established driveway.
Section 20-1124 states that one (1) space for each two hundred (200) square feet of gross floor
area is required for retail stores (Attachment 3).
Section 20-28 Co) (1) grants the Board of Adjustments and Appeals the power to hear an~fdecide
appeals where it is alleged that there is an error in any order, requirement, decision or
determination made by a city employee in the administration of this chapter (Attachment 4).
ANALYSIS
The planning staff received two complaints regarding on-street parking problems on Orchard
Lane due to a craft sale. The complainants indicated that several times a year, the subject
property has sales that creates congestion on Orchard Lane. It was also stated that a cash register
is present on the site. Staff performed an inspection at 2630 Orchard Lane during the fall sale
(early October) and found that seven (7) cars were parked on Orchard Lane. Orchard Lane is
only 24 feet wide. The typical street width is 31 feet from curb to curb. The reduction in the
street width along with on-street parking makes for a traffic hazard. Staff also noted that crafts
were being sold out of the red barn located in the rear yard. It was very evident that this activity
was altering the character of the residential neighborhood.
Zoning ordinances were adopted to protect the value of the single-family home. The purpose of
the various business, industrial and residential zoning districts is to regulate the uses. One of the
regulations is parking. The city requires a certain number of parking spaces based on the use.
For instance, one space is required for every 200 sq. ft. of gross floor area for retail sales. The
applicants are not providing parking for their retail sales, thus creating the parking congestion on
the street. This congestion is altering the character of the neighborhood and possibly decreasing
Board of Adjustments and Appeals
Brown Appeal
November 4, 1998
Page 3
the value of properties. However, the applicant contends that the activity actually has increased
the value of neighboring homes
On-Street Parking
The home occupation ordinance states that all parking shall take place off-street. Since the
property does not have parking facilities, customers park on the street, thus creating a traffic
hazard for neighborhood residents. The property owner does place "No Parking" signs on the
south side of Orchard Lane, however, congestion still takes place. The ordinance also states that
traffic should not be any greater than would normally be expected in a residential district. One
expects only traffic of residents in a residential neighborhood. In this case, they have customers
parking on a narrow street creating congestion for residents.
Retail Sales
The current ordinance specifically states that no retail sales shall take place in conjunction with
the home occupation. The reason that the ordinance specifically prohibits this activity is because
it creates additional traffic and noise. Furthermore, retail sales cannot be considered an
accessory use in a single family home as most permitted home occupations. Retail sales are most
appropriate in a business district. This also provides an unfair advantage over other retail uses in
the city who must locate in a commercially-zoned property.
Home Occupation Ordinance History
In 1952, the Township of Chanhassen adopted a zoning ordimmce. This ordinance permitted
offices of professional persons when located in the dwelling in the Residence District "B." Staff
believes that this was referring to home occupations. This type of activity is not permitted in the
Residence District "A," which is most likely what the subject property was zoned. Retail sales
were only permitted in the Business District, which is typical of a zoning ordinance. In 1972, the
Village of Chanhassen adopted a zoning ordinance where retail sales in conjunction with a home
occupation are specifically prohibited. However, the zoning ordinance does not specifically state
that home occupations are permitted as an accessory use in the R-1 Single Family Residence
District. Staff believes that a home occupation may be permitted in the R-2, R-3 and R-4
Districts where it states that the following uses may be permitted as accessory to the permitted
use: (1) Subordinate uses which are clearly and customarily accessory to the permitted use.
Historically, home occupations are deemed accessory to the single-family home. However, the
businesses must be incidental to the permitted use. Retail sales cannot be considered incidental
to a dwelling since they significantly alter the character of the permitted use.
Board of Adjustments and Appeals
Brown Appeal
November 4, 1998
Page 4
Based on this information, staff believes that a home occupation involving retail sales was never
permitted in the zoning district, so the applicant does not have grandfather rights to operate the
"boutique."
Neighborhood Comments
Residents' comments are perhaps the most indicative of a tree problem. Staff has received letters
from neighboring property owners (Attachment 6). The neighbors both stated that the applicants
have been operating the "boutique" since they purchased the property in 1970. Conversely, other
neighbors find the situation frustrating. After all, they do not expect retail sales to take place in a
quiet residential neighborhood. This activity is interfering with the enjoyment of their property.
Garage Sales
A garage sale can be defined as a sale, conducted for a short period of time, of used goods. The
goods are not made on the premises. Also, the revenue from the sale is not generally included on
tax forms. Since the property owner is making the crafts on the premise, it cannot be considered
a garage sale.
Alternative Location
At the second meeting, staff suggested that the applicant find an alternative location such as Old
Village Hall. The building is rented by the hour. This would be an ideal location because of the
ample parking and the historical ambience.
Staff believes that the applicant has not demonstrated grandfather rights to continue operating
retail sales in a residentially-zoned district.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals affirm staff's decision that the
applicant does not have grandfather rights to operate retail sales in the RSF, Single Family
Residential District.
Should the Board determine that the applicant does have grandfather rights and is a legal non-
conforming use, staff recommends that the following conditions shall apply:
1. All parking shall comply with the parking requirements in the City Code. This means that
the number of spaces shall equal that required by ordinance for retail sales.
Board of Adjustments and Appeals
Brown Appeal
November 4, 1998
Page 5
2. The "boutique" sales shall be limited to twice per year. The property owner shall notify the
city with the dates of the sale.
3. The "boutique" shall not increase in floor area.
Attachments:
1. Application and Location Map
2. Art. XXII. Div. 3. Home Occupation Ordinance
3. Section 20-1124 (2) (s) Parking Requirements for Retail Sales
4. Section 20-28 (b) (2) BOA Powers
5. 1952 Zoning Ordinance
6. 1972 Zoning Ordinance
7. Neighbor Letters
8. Property Owners List
g:Xplan~:k~x~a',brown appeal.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN S5317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
TELEPHONE (Daytime> ~,/~.'" ~"'~ ~-7"7 ;~, (~
TELEPHONE://, / Z "- L~'7 ¢!'7 7~. (~)
,
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'
Temporary Sales Permit
Vacation of ROW/Easements
Variance
,
Wetland Alteration Permit
'--~--Zoning Appeal
. Zoning Ordinance Amendment
Notification Sign
X Escrow for Filing Fees/Attorney Cost**
Subdivision*
($50 CUPISPRNACNAR/VV APIMetes
and Bounds, $400 Minor SUB)
TOTAL FEES ~
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
appllcatlon.
Building material samples must be submitted with site plan reviews.
~Twenty-six full size folded coples of the plans must be submitted, Including an 81/2.. X 11" reduced copy of
transparency for each plan sheet.
'* Escrow will be required for other applications through the development contract
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.
JECT NAME
LOCATION
LEGAL DESCRIPTION
PRESENT ZONING
REQUESTED ZONING
·
PRESENT LAND USE DESIGNATION
·
REQUESTED LAND USE DESIGNATION -
This ~pplication must be ~pleted in full and be ~pew~en or clea~y pd~ed and ~ ~ a~~ied by all i~o~ation
nd plans required by applicable City Ordinance provisions. Before filing this application, you should, confer with the
lanning Department to determine the spec~ic 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 ! am responslble fo/' complying
with 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 a~oplication. 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 approval/permit is granted within 120 days with the Carver County Recorder's
ice and the o,~ginal document retumed to City Hall Records.
Signature of".qpplicant " ." Date
Signature of Fee Owner
Received on ~/,~l [ ~ ~
Date
Fee Paid ~//~' Receipt No..~//-~
· 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, a copy of the report will be mailed to the applicant's address.
ZONING APPEAL .--. ~...-
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PARK
DRIVE
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Stalrgees Steel
~ ~ Ah~num
Ceded ~G .
Affordab~
40~0313
haasen '
5 Pot,lac ~nde
~raft. BoutiqueS-
Fd, Oct 2., 1 larn-7pm
Sat, Oct 3, aam-6pm
Sun. Oct 4, noon-4pm
14928 Credit View Drive
Carver
· MultiFamlly ' '
4:30pm-7pm, Fri, 10/2
9arn-~. m, Sa~ 10/3
309 Main SL W.
Nice pictures, lots of nice la-
dles fashicns, misc.
v ~gn~ ~ Ka~er
~lle
'fiche Creek Trail
. . Other Areas
3 .
'ATE SALE
!ay ¢3~ 3rd
an, Beard~
:lay Oct. 3
3nly .
FURNI~HEDROOM .....
!$130 Week-. $480 Morith'
erook~::;445~. _.TQ...
FuW Partial Con:l ' For Lea~e: 1400 a~f. part office/-
S~r,p~c,C,o~D,~r,d '~d~,S~. ,.A~a~,, Eden P'~;~i~'i~"
4~.5-0~4~ .. ~0/1.$~30/mo~.3~-70~ '"
OAK ASH ELM MA~L~' Ll(m'r ~NDUS'm~AL & . ...'
'- Dry, Split Rrewood . . OFFICE. .. -... . ~arvice FREEI~ ranter_,
Dellvered : 'New. 1400-11,000s.f. ofa0~c~ .. 1,2&3BR.'~ .-. "
44~.aoTa . - AC, doc~s, andro~mfor~ - Apartment&-T~
Sea~=nal~m"vla~, ' Energy efflctent. I.oca~ed neat' ....N..o, ap .~. __nt.n_ec?ssi~'y_..
Intersac~on16~/41. .. '- . : {wa r~nex~oL~,i~ncaen~'m-
' ' Sun"etR°Oflng& Call Nan 445-3124' :"-' :.' tie.): .....: ~':~-~.~---..'.'~,-'..:
I=Impl~ce Pmduitl- . ................. ' ' ' '.- · --"':':- ';'~- B41-g03g' :.:-: .:'
woodflreplaceunlt~ '.. downtown location..Laurent :l~;4,;la~ '"' ";;-"-' :''~ : Car~
· S~l~ & Inltlll~tlm,~* Bu~ldlng. 445-5~45 ;r.,:-~:~.: '-'~*~'=* . ........... ,
~forlees~:1400s.f.' I BR apaJlme~ u;dlrd~s In- 2 BRI
buk~nginVick3da.
El~onlcs - 443-~4., ,.:: ;~.
·
. omc,mm,.--::..-': 'Prior Lake:'' '-'
Pentlum 300, 64 IVMg Ram. ~ o~ce/retail areas avaUab~,
$750. C, all for mom informatloo, downtow~$hakopee, 300s.for-- '1BRapartmentln4-ple~oncul* :
~~~-4~2'2117 ' ' _ 400s.f. Being bu~ now, canba de-sac. Available 11/1.
· Misc. Fo~ Sale ,-_ Tur, e, 445-~See- · ' . ' 49e-1792 · .: ..... ...,
21 Interior oak doc~m, peH~:t' PrimePFUOFILAKELac~tion Aval]abl~11/1;2BRapartment, 3BRc~
condition, as~ortsd sizes Make 2100 s.f. building for le~ or $725/month inctudas garage, rage,
AC, fireplace, dishwasher & Avallabl
offer, g44.8171 , ' sale. OornerofHwy. 13&OR21. morel No pets. For'more Info lies, rare
(Eagle Creek Ave). Parking lot andappointmentcallMa~,445, 492-22~
8'$' Westem snowplow, newer & visible highway 13 & down- .7234. .'- ·
town location. $9.80/s.f. triple
nm. -. -: .... :' -C, ozgJ BRor2BRapm~ent, '2 BRa
Craftsman lawn tractor, ~4HP, 612-888-2939/612-888-848~' lstfloorpatlo, dlshwasher, AO, heat-In
KohlerOHV, Sspeed, 42'dec~, " -702-838-0223.:'.. ... $50(~650/mon~.$350secu- Avallab]
· excellent coalition. ~30. PRIOR LAKE: Downtown, 851 rlty depogit. Mamle: 440-915g 448-7'~
443-2567 a.f., ~nain floor, retaW, office Lakeshomduplex.a~PrlorLake,
·
Desks' (3), exacutive $200; space,available 11/1.- -' ':':- 2 BR.. Enjoy lake living. ~4)2- 3
Secretary $100; S1s~ent $45, Ca11376-9744 - '" 21621eavernessaga' .. - · . -bat~,n~
Dlnln9 room table, wood/ 4 Tower Hill Ai~artmente' "Fire
chaJra$125. Entertainmentcem :[~t'JO£ ].41ke: .-.~... -. - Wesher/Dryereachurdt - 100's
tarS60. 445-3002 New Office/Er. tail, FF[(~It. . Secure Building '
· TTLAFFTC. t000-]0,000: ' Underground Parking 3'BR, al
Eapresao machine, f:ablea, '~ by US Bank & Norex.:; .8 milesBurnaville CenteP
~ ratm! ' 447-4283/440-4132'
~ ,...., . ,
Sha~ saw & tool grinder. , ., ta~4 with garage. Available 11/1. Victori~
~E~5(L 894-5879 · Roommate~ $700.447.8964/440-9629. Heat In(
NordlcTrack Pro, '$350; .. ' , . 'Shakol~.C"':" " s
NordlcTrac Ab Rex, $60; pot-. I roomn;mte ~are house on ' · ' '
teblec~lb,$40.448-5012 lake, non_-smo~, own balh- :": -1.BRApartmintH .o!~!, '
"_R'l~llngLawnmower, 42"16HP 'questKI. Days: 942-6113,1esv~ .....
~napper rear engine rider, message. I BR. R=nin-,, ^-'¢'. ~' "'"
$~200/80.
§ 20-959
CHANHASSEN CITY CODE
Sec. 20-959. Explosives.
Any use requiring the storage, use or manufacturing of products which could decompose
by detonation shall be located not less than four hundred (400) feet from any R District line
provided that this section shall not apply to the storage or use of liquefied petroleum or natural
gas for normal residential or business purposes.
(Ord. No. 80, Art. VI, 1(6-1-9),
Sec. 20-960. Surface water management.
All development shall comply with the city's surface water management plan dated
February 1994, which is incorporated herein by this reference.
(Ord. No. 227, § 1, 10-24-94)
Secs. 20-961--20-975. Reserved.
~ DMSION 3. HOME OCCUPATIONS
Sec. 20.976. Compliance.
A home occupation may be established and conducted only in accordance with .this
division.
(Ord. No. 80, Art. VI, § 8, 12-15-86)
Sec. 20-977. Subordinate use.
The use of a dwelling unit for any home occupation shall be clearly incidental and
subordinate to its residential use. Not more than twenty-five (25) percent of the floor area of
one (1) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage
or accessory buildings except accessory agricultural buildings existing on February 19, 1987
shall be used for any home occupation.
(Ord. No. 80, Art. VI, § 8(6-8-1), 12-15-86)
Sec. 20-978. Occupations permitted.
(a) The following home occupations are permitted:
(1) Professional services such as architects, engineers, attorneys, office, real estate
agents, insurance agents, and computer programmers, secretarial services, and
manufacturer's representatives.
(2) Dressmaking, sewing, and tailoring.
(3) Painting, sculpturing or writing. .
(4) Home crafts such as model making, rug weaving, lapidary work, pottery and cabinet
making.
(5) Tutoring services (e.g. piano teacher).
Supp. No. 8 1238
ZONING
§ 20-979
(6) Contractors' yards/landscaping businesses are prohi.'bited for home occupations.
(Ord. No. 80, Art. VI, § 8(6-8-2), 12-15-86; Ord. No. 240, § 24, 7-24-95)
Sec~ 20-9?9. Outside appearance.
The home occupation ahall be conducted entirely within a fully enclosed builrllng. No
change in the outside appearance of the buil~li,~l~ or land, or other visible evidence of the
conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited
in connection with a home occupation.
(Ord. No. 80, Arr. VI, § 8(6-8-3), 12-15-86)
Supp. No. 8 1238.1
ZONING § 20-1001
Sec. 20-980. Hours of operation.
The hours of operation for any home occupation shall be limited to between 8:00 a.m. and
8:00 p,m.
(Ord. No. 80, Art. VI, § 8(6-8-4), 12-15-86)
Sec. 20-981. Use of equipment.
No mechanical or electrical equipment requiring the use of voltage in excess of two
hundred twenty (220) volts single phase shall be used in the conduct of a home occupation.
(Ord. No. 80, Art. VI, § 8(6-8-5), 12-15-86)
~/sec. 20-982. Traffic and parking.
No traffic shall be generated by any home occupation in greater volume than would
normally be expected in a residential neighborhood, and no home occupation involving the
need for more than three (3) parking spaces for the occupants and visitors shall be permitted.
Adequate off-street parking facilities required to serve the home occupation shall be provided
on the premises, but no such parking facilities shall be established within any required front
or side yard, except upon an established driveway.
(Ord. No. 80, Art. VI, § 8(6-8-6), 12-15-86)
Sec. 20-983.r Retail and wholesale sales prohibited.
No commodities, merchandise or supplies shall be sold or offered for sale upon or from the
premises, whether at retail or wholesale.
(Ord. No. 80, Art. VI, § 8(6-8-7), 12-15-86)
Sec. 20-984. Nonresident employee.
Only one (1) nonresident of the dwelling unit may be employed upon the premises of a
home occupation.
(Ord. No. 80, Art. VI, § 8(6-8-8), 12-15-86)
Secs. 20-985-20-1000. Resei-ved.
DIVISION 4. ANIMALS
Sec. 20-1001. Keeping.
The following animals may be kept in the city: .
(1) Household pets are an allowed use in all zoning districts.
(2) Horses in the A-l, A-2, RR and RSF zoning districts iri accordance with chapter 5,
article III.
(3) Farm animals are an allowed use on all farm property. Farm animals may not be
confined in a pen, feed lot or building within one hundred (100) feet of any residential
dwelling not owned or leased by the farmer.
1239
ZONING § 20-1124
square feet, four (4) stall~ per one thousand (1,000) square feet gross floor area;
and buildings over one hundred thousand (100,000) square feet, three and one-
half (3.5) stalls per one thousand (1,000) square feet gross floor area.
o. Public service buildings, including municipal arlministrative buildings, commu-
nity center, public library, museum, art galleries, and post office--One (1) parking
space for each five hundred (500) square feet of floor area in the principal struc-
ture, plus one (1) parking space for each four (4) seats within public assembly or
meeting rooms.
p. Recreational facilities, including golf course, country club, swimming club, rac-
quet club, public swimming pool--Twenty (20) spaces, plus one (1) space for each
five hundred (500) square feet of floor area in the principal structure or two (2)
spaces per court.
q. Research, experimental or testing stations-One (1) parking space for each five
hundred (500) square feet of gross floor area within the building, whichever is
greater.
r. Restaurant, cafe, nightclub, tavern or bar:
1. Fast food--One (1) space per sixty (60) square feet of gross floor area.
2. Restaurant:
(a) Without full liquor license--One (1) space per sixty (60) square feet of
gross floor area or one (1) space per two and one-half (2¥2) seats which-
ever is greater.
(b) With full liquor license--One (ii space per fifty (50)'square feet of gross
floor area or one (1) space per two (2) seats, whicheve~ is greater.
Retail stores and service establishments-One (1) space for each two hundred
(200) square feet of gross floor area.
t. School, elementary (public, private or parochial)--One (1) parking space for each
classroom or office room, plus one (1) space for each one hundred fifty (150) square
feet of eating area including aisles, in any auditorium or 15~nnasium or cafeteria
intended to be used as an auditorium.
u. School, junior and senior high schools and colleges (public, private or parochial)--
Four (4) parking spaces for each classroom or office room plus one (1) space for
each one hundred fifty (150) square feet of seating area including aisles, in any
auditorium or gymnasium or cafeteria intended to be used as an auditorium.
v. Shopping center--On-site automobile parking shall be provided in a ratio of not
less than one (1) parking space for each two hundred (200)'square feet of gross
floor area; separate on-site space shall be provided for loading and unloading.
w. Storage, wholesale, or warehouse establishments--One (1) space for each one
thousand (1,000) square feet of gross floor area up to ten thousand (10,000) square
feet and one (1) additional space for each additional two thousand (2,000) square
feet, plus one (1) space for each company vehicle operating from the premises. If
it can be demonstrated by the applicant that the number of employees in the
warehouse or storage area will require less than the required number of spaces,
and if the applicant shall submit a letter to the city assuring that if there is to be
Supp. No. 2
1250.3
§ 20-28
CHANHASSEN CITY CODE
Sec. 20-28. Board of adjustments and appeals.
(a) There is created a board of adjustments and appeals which shall consist of three (3)
regular members and one (1) alternate member all of whom shall be appointed by the city
council. Three (8) members of the board shall constitute a quorum. The alternate member may
vote only if a regular member is absent from the board meeting. The board shall serve without
compensation. Its members shall serve a term of one (1) year beginning on the first day of
January or until their successors are appointed. The board shall select one (1) of its members
as chairperson and appoint a secretary who may, but need not, be one (1) of its members.
Co) Pursuant to Minnesota Statutes section 462.357, subdivision 6. The board shall have
the following powers:
Supp. 1%. 8 1158.10
ZONING § 2O-29
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by a city employee in the administra.
.
tion of this chapter.
~ (2) To hear requests for variances from the provisions of this chapter which are not made
in conjunction with platting, site plan review, conditional use or interim use permit.
application.
(Ord. No. 80, Art. HI, § 1, 12-15-86; Ord. No. 131, § 1, 7-9-90)
State law reference-Board of adjustment and appeals, M.S. § 462.354, subd. 2.
Sec. 20-29. Board of adjustments variance and appeal procedures.
(a) Form; fee Appeals and applications for variances shall be filed with the zoning
administrator on prescribed forms. A fee, as established by the city council, shall be paid upon
the filing of an application. The board of adjustments and appeals may waive the application
fee in unusual circumstances.
Co) Hearing. Upon the filing of an appeal or application for variance, the zoning adminis-
trator shall set a time and place for a hearing before the board of adjustments and appeals on
such appeal or application, which hearing shall be held within thirty (30) days after the filing
of said appeal or application. At the hearing the board shall hear such persons as wish to be
heard, either in person or by attorney or agent. Notice of such hearing shall be mailed not less
than ten (10) days before the date of hearing to the person who filed the appeal or application
for variance, and, in the case of an application for variance, to each owner of property situated
wholly or partially within five hundred (500) feet of the property to which the variance
application relates. The names and addresses of such owners shall be d~termined 'by the
zoning administrator from records provided by the applicant.
(c) Decisions of the board. The board shall be empowered to decide appeals and grant
variances only when the decision of the board is by a unanimous vote. A simple majority vote
or split vote by the board shall serve only as a recommendation to the city council, who shall
then make the final determination on the appeal or variance request within thirty (30) days
after receipt of the board's action. The board shall act upon all appeals and variance requests
within fifteen (15) days after the date of the close of the required hearing.
(d) Appeal from decisions of board. A city council member, the applicant, or any aggrieved
person may appeal such decision to the city council by f'ding an appeal, with the zoning
administrator within four (4) days after the date of the board's decision.
(e) Council action. 'By majority vote, the city council may reverse, afrn-m or modify,
wholly or partly, the decision appealed from the board, and to that end' the city 'council shall
have all the powers of the board. The council shall decide all appeals within thirty (30) days
after the date of the required hearing thereon.
(f) Action without decision. If no decision is transmitted by the board to the city council
within sixty (60) days from the date an appeal or variance request is fried with the zoning
Supp. No. 3
1159
O~
N~
0
ZONING ORDINANCE NO. 47
ADOPTED FEBRUARY 8, 1972,e
doorway
to a
ilew
frontier
VILLAGE OF CHANHASSEN
ZONING ORDINANCE NO. 47
ORDINANCE NO. 4'/
AN ORDINANCE TO PROMOTE THE
HEALTH, SAFETY, ORDER, CONVEN.
IENCE AND GENERAL WELFARE BY
REGULATING THE USE OF LAND,
THE LOCATION AND THE USE OF
BUILDINGS AND THE ARRANGE-
MENT THEREOF ON LOTS, AND THE
DENSITY OF POPULATION IN THE
VILLAGE OF CHANHASSEN. MINNE-
SOTA.
THE COUNCIL OF THE VILLAGE OF
C HAN H A,~iEN ORDAINS:
SECTION 1. PURPOSES AND INTENT.
This ordinance is enacted for the pur-
pose of promoting the health, safety, or-
der. convenience and general welfar~ of
the residents of the Village by regulating
the use of land. the location and use of
buildings and the arrangement thereof on
lots. by controlling the density of popula-
tion and by avoiding environmental pollu-
tion.
SECTION 2. TITLE.
This ordinance shall be known and may
be cited and referred to as the "Chanhas-
sen Zoning Ordinance."
SECTION 3. SCOPE AND INTER.
PRETATION.
3.01 St"ow. From the effective date of
this ordinance, the use of all land and ev-
ery building erected, altered, enlarged or
reJocated, and every, use within a build-
ing. or use accessory, thereto, in the Vil-
lage shall be in conformity with the provi-
sions of this ordinance.
3.02 Non-Conforming Use. Any exist-
ing use of land or any existing building not
~n conformity with the regulations Dre-
.~cribed here~n shall be regarded as a non-
conforming use. and shall be subject to
the regulations prescribed herein govern-
ing non-conforming uses.
:1.03 Interpretation. This ordinance
shaU be held to establish minimum stand-
ards for the promotion of the public
health, safety, comfort, convenience and
general welfare. Where the provisions of
this ordinance impose greater restric-
tions than those of any statute, other ordi-
nance or regulation. ~he prowsions of this
ordinance shall be controlling. Where the
· provisions of any statute, other ordinance
or regulation impose greater restrictions
than this ordinance, the provisions of such
statute, other ordinance or regulation
shall be controlling.
The standards established by this ordi-
nance are not intended to repeal, abro-
gate. annul or impair private agreements
or restrictive covenants which are equal
to or more restrictive than the standards
hereby established, except that the most
restrictive shall apply
SECTION 4. RULES AND DEFINi-
TIONS.
4.01 Rules. For the purposes of this
ordinance, words used in the singular
shall ~nclude the plural, and the plural the
singular, the word "braiding" shall in-
clude the word "structure": the word
· 'lot" shall ~nclude the words "plot".
"parcel" and "tract": the word "shall"
is mandatory: and the word "may" is
discretionarY.
4.02 Definitions. For the purposes of
this ordinance, certain terms and words
are defined as follows:
ACCESSORY USE OR STRUCTURE:
An accessory use or structure is a use or
structure subordinate to and serving the
principal use or structure on the same lot
and clearly and customarily incidental
thereto.
AGRICULTURE: Agriculture is the
cultivation of the soil and ali activities
incident thereto. Said term shall not in-
clude the raising and feeding of hogs by
feeding garbage thereto, the raising of
fur-bearing animals, nor the operation of
riding academies, commercial stables or
kennels.
ALTERATION: Alteration is any
change in size. shape, character, or use of
a building or structure.
APARTMENT: Apartment is a room
or suite of rooms in a multiple dwelling
structure which is arranged, designed.
used or intended to be used as a dwelling
unit for a single family.
AUTOMOBILE SERVICE STATION:
Automobile service service station is a
retail place of business engaged primari-
ly in the sale of motor vehicle fuels, but
also may be engaged in supplying goods
and services generally required in the
operation and maintenance of motor vehi-
cles. These may include sale of petroleum
products, sale and servicing of tires, bat-
~eries. automotive accessories, and re-
placement items, washing and lubrication
services, and the performance of minor
automotive ,naintenance and repair.
BASEMENT: Basement is a portion of
a building located partially underground.
but having half or less than its floor to
ceiling height below the average grade of
the adjoining ground. A basement shall be
counted as a story, except that a base-
ment the ceiling o~ which does not extend
more than 5 feet above the curb level or
above the highest level of the adjoining
ground shall not be counted as a story..
BOARD: Board is the Board of Adjust-
ments and Appeals of the Village of Chan-
bas.sen.
BUILDING: Building is any structure
built for the support, shelter, or enclosure
of persons, animals or personal property
of any kind and which is permanently af-
fixed to the land. and which building pro-
vides a permanent protection against the
elements.
BUILDING, COMPLETELY EN-
CLOSED: A completely enclosed building
ns a building separated on all sides from
the adjacent open space or from other
buildings or structures, by a permanent
roof and by exterior walls or party'walls.
pierced only by windows and normal en-
trance and exit doors.
BUILDING. DETACHED: A detached
building is a building surrounded by an
open space on the same lot.
BUILDING HEIGHT: Building heigh[
is the vertical distance from the curb lev-
el. or its equivalent, opposite the center of
the front of the building to the highest
point of the roof in the case of a flat roof:
to the deck line of a mansard roof: and to
the mean level of the underside of the raf-
ters between the eaves and the ridge of a
gable, hip. or gambrel roof. If one side of
the sweet, between intersecting streets,
is partially built up with buildin~ at the
time of the adoption of this ordinance, the
height of building may be measured from
the elevation of ground at the center of
the front of the next adjoining building if
there are buildings on one side only or the
average of the elevation of ground at the
/:enter of the front of the adjacent build-
ings on each side. On through lots or cor-
ner lots. height of building shall be mea-
sured from the lowest curb or ground lev-
el as established above.
BUILDING. PRINCIPAL: A p. rtncipal
building is a non-accessory btulding in
which a primary use of the lot on which it
is located is conducted.
BUILDING, RESIDENTIAL: A resi-
dential building is a building which is ar-
ranged, designed, used or intended to be
used for residential occupancy by one or
more families, and which includes, but is
not limited to. the following types:
1. Single family dwellings.
2. Two family dwellings.
3. Multiple family dwellings.
4. Townhouses. '
CAR PORT: A car port is a roofed au-
tomobile shelter opened on at least two
sides, usually formed by extension of ~
roof from the side of a building.
CHURCH: A church is a building for
pul~lic worship, and includes a ~synagogue.
CLINIC: A clinic is a building in wifich
a group of physicians, dentists, or physi-
cians and dentists and allied professional
assistants are associated for carrying on
their profession. The clinic may include a
dental or medical laboratory., but shall
not include in-patient care or operating
rooms for major surgery..
CLUB OR LODGE, PRIVATE: A pri-
vate club or lodge is a non-profit associa-
tion of persons who are bona fide mem-
bers paying annual dues. which owns.
hires, or leases the building or a portion
thereof: the use of such premises being
restricted to members and their guests.
The affairs and management of such pri-
vate clubs or lodges shall be conducted by
a board of directors, an executive com-
mittee, or a similar body chosen by the
members. It shall be permissible to serve
food and meals on such premises, provid-
ed adequate facilities are available.
Where properly licensed under Village
ordinances, the consumption of alcoholic
or non-alcoholic malt beverages by the
members of such club or lodge, or their
guests, shall be permitted.
CONFORMING BUILDING OR
STRUCTURE: A conforming building or
structure is any building or structure
which complies with all the regulations of
this ordinance or any afnendment thereto
governing the zoning district in which
such building or structure is located.
CONVALESCENT, NURSING AND
REST HOME: A convalescent home. a
nursing home. or a rest home is a home
for aged. chronically ill. or convalescent
persons in which two or more persons not
of the immediate family are received.
kept or provided with food. shelter and
care for compensation, but not including
hospitals, clinics or similar institutions
devoted primarily to the diagnosis and
treatment of disease or injury, maternity
cases, or mental illness.
COUNCIL: Council is the Village Coun-
cil of the Village of Chanhassen.
CURB LEVEL: The curb level for any
building is the level of the established
curb in front of such building measured at
the center of such front. Where no curb
elevation has been established, the Vil-
lage Engineer shall establish such curb
elevation. When a building has frontage
on more than one street, the lowest curb
level as determined above shall apply.
DISTRICT: A district is a 0ortlon of the
corporate area of the Village within
which certain uniform regulations and
requirements, or various combinations
thereof, apply under the provisions of this
ordinance.
DRIVE.IN ESTABLISHMENT: An
establishment of the drive-in type is one
which accommodates the patr6ns' auto-
mobiles, from which the occupants may
receive a service or obtain a product
which may be used or consumed in the
vehicle on the samepremises.
DWELLING: A dwelling is a building
or portion thereof designed or used exclu-
sively for human habitation, including
single family, two family, multiple fami-
ly and townhouse dwellings, but not in-
eluding hotels or motels.
DWELLING, ATTACHED: An at-
tached dwelling is one which is joined to
another dwelling or building at one or
more sides by a party wall or walls.
DWELLING, DETACHED: A detached
dwelling is one which is entirely sur-
rounded by open space on the same lot.
DWELLING UNIT: A dwelling unit
consists of one or more rooms which are
arranged, designed, or used exclusively
as living quarters for one family only.
Complete single kitchen facilities and in-
dividual bathrooms, permanently in-
stalled, shall always be included with
each dwelling unit.
DWELLING, SINGLE FAMILY: A
single family dwelling is a buildini/ de-
signed for or occupied exclusively by one
family and containing one dwelling unit
only.
I~WELLING, TWO FAMILY: A two
family dwelling is a building designed for
or occupied exclusively by two families
and contain,ng two dwelling units only.
DWELLING. MULTIPLE FAMILY: A
multiple family dwelling is a building de-
signed for or occupied by more than three
families and containing three or more
dwelling units, but not including a motel
or hotel.
EFFICIENCY UNIT: An efficiency
unit is a dwelling unit consisting of one
principal room. exclusive of bathroom.
kitchen, hallway, closets or dining alcove
direct{y off the principal room.
FAMILY: a family is an individual or
two o,' more persons related by blood.
marriage, or adoption, including foster
children and bona fide domestic servants
employed on a full time basis by the fami-
ly in the dwelling unit. living together as a
single housekeeping unit in a dwelling
unit.
FENCE: A fence is a structure provid-
ing enclosure but not protection against
the elements.
FENCE, SOLID: A'solid fence is a
fence which provides a visual barrier
between adjacent property and the area
enclosed.
FINANCIAL INSTITUTION: A finan-
cial institution is a commercial banking
establishment or savings and loan asso-
ciation chartered by the State of Minneso-
ta or the United States.
FOSTER CHILD: A foster child is one
placed in a private home for care and
maintenance by a parent, guardian, or a
duly accredited and established public or
private welfare agency.
FREIGHT TERMINAL: A building or
area in which freight is transferred or
stored for movement in intrastate or in-
terstate commerce.
GARAGE, PRIVATE: A private ga-
rage is a detached accessory building or
portion of the principal building, includ-
ing a car port. which is used primarily for
storing passenger vehicles.
GARAGE, PUBLIC: A public garage is
a building used for the storage or care of
power driven vehicles, or where such ve-
hicles are equipped for operation, repair.
or kept for storage, hire or sale.
GRADE: Grade is an average level of
the finished surface of the ground adja-
cent to the exterior walls of the building
or structure.
GREENHOUSE: A greenhouse is a
structure used for the cultivation or pro-
tection of flowers, vegetables and nursery
HOME OCCUPATION: Home occupa-
*'lion is any occupation or profession car-
tied on by a member of the immediate
family residing on the premises in
connection with which there is no display
that will indicate from the exterior that
the building is being utilized in whole or in
part for any purpose other than that of a
dwelling. There shall be no commodities
sold upon the premises and no person
employed therein other than a member of
the immediate family residing on the
premises or domestic servants: and no
mechanical or electrical equipment shall
be used except such as is normally used
for purely domestic or professional pur-
poses. No accessory building shall be used
for such home occupation. Clinics. hospi-
tals. barbershops, beauty parlors and
animal hospitals are not home occupa-
tions.
HOSPITAL: An institution providing
persons with intensive medical or surgi-
cal care and devoted primarily to the di-
agnosis and treatment of disease or inju-
ry. maternity cases, or mental illness.
HOTEL: Hotel is a building containing
12 or more guest rooms in which lodging
is provided with or without meals for
compensation and which is open to tran-
sient or permanent guests or both. and
where no provision is made for cooking in
any guest room. and which ingress and
egress to and from all rooms is made
through an inside lobby or office super-
vised by a person in charge.
JUNK YARD: Junk yard means an
area where used. waste, discarded or sal-
vaged materials are bought, sold. ex-
changed, stored, baled, cleaned, packed.
disassembled or handled, including but
not limited to scrap iron and other met-
als. paper, rags. rubber products, bottles
and lumber. A junk yard includes an auto-
mobile wrecking or dismantling yard. but
does not include uses established in con-
junction with a permitted manufacturing
process when within an enclosed area or
building.
LOADING SPACE: Loading space is
that portion of a lot designed to serve the
purpose of loading or unloading all types
of vehicles.
LOT: A lot is a zoning lot. except as the
context shall indicate a lot of record in
which case a lot is a lot of record.
LOT OF RECORD: A lot of record is a
lot which is part of a subdivision, the plat
of which has been recorded in the office of
the Register of Deeds or Registrar of Ti.
ties: or a parcel of land. the deed to which
was recorded in the office of the Register
of Deeds or Registrar of Titles prior to
the adoption of this ordinance.
LOT, CORNER: A corner lot is a lot
situated at the intersection of two streets.
LOT, THROUGH: A through lot is a lot
having a pair of opposite lot lines along
two more or less parallel public streets.
On a through lot both street lines shall be
deemed front lot lines.
LOT, ZONING: A zoning lot is a single
tract of land which, at the time of filing
for a building permit, is designated by its
owner or developer as a tract to be used.
developed or built upon as a unit under
single ownership or control, a zoning lot
or lots may or may not coincide with a lot
of record.
LOT AREA: Lot area is the area of a
horizontal' plane bounded by the front.
side. and rear lot lines, but not including
an.,,' area occupied by the waters of a duly
recorded lake or river.
LOT DEPTH: Lot depth is the average
horizontal distance between the front lot
line and the rear lot line of a lot measured
within the lot boundaries.
LOT WIDTH: Lot width is the mini-
mum horizontal distance between the side
lot lines of a lot measured at the required
front yard set-back line. The front lot line
shall 'be-that boundary of a lot which is
along an existing or' dedicated public
street. A corner lot where interior lots of
record exist on both of the intersecting
streets shall provide for a front yard on
both street frontages.
LOT LINE REAR:The rear lot line is
that boundary of a lot which is most dis-
rant from an~i is. or is most nearly, paral-
lel to the front lot line.
LOT LINE SIDE: The side lot line is
an.,,' boundary' of a lot which is not a front
line or a rear lot line.
MOTEL, MOTOR COURT. MOTOR
HOTEL: :\ motel, motor court or motor
hotel is an establishment consisting of a
group of attached or detached living or
sleeping accommodations with bathroom.
located on a single zoning lot and designed
for use by transient automobile tourists.
portion of such lot shall extend beyond
the fifty (50~ foot limitation, the dis-
trier boundary line shall prevail. Ap-
peals from the Zoning Administrator's
determirmtion and questions of doubt
concerning the exact location of dis-
triet boundary lines shall be heard by
the Board of Adjustments and Appeals.
5.04 Compliance. Except as may oth-
erwise be provided in Section 20, Non-
Conforming Uses, all buildings,or struc-
tures erected hereafter, all uses of land.
buildings or structures established here-
after, all structural alteration or reloca-
tion of existing buildings or structures
occurring hereafter, and all enlarge-
meats of or additions to existing build-
ings. structures or uses occurring hereaf-
ter shall comply with all regulations of
this ordinance which are applicable to the
zoning district in which such building,
structure, use or land shall be located.
SECTION 6. R-IA AGRICULTURAL
RESIDENCE DISTRICT.
6.01 Purpose. The R-IA Agricultural
Residence District is intended to provide
a distrie' ,~'hieh will allow extensive
areas of b,e Village to be retained in a
lower population density in advance of the
need for these lands for extensive urban
purposes and to prevent the occurrence of
premature scattered urban development.
which would be uneconomical from the
standpoint of municipal services, utilities
and schools.
6.0~ Permitted Uses. Within an R-IA
Agricultural District. no building or land
shall be used except for one or more of
the following uses:
1. Single family dwellings.
~-. Agriculture. Any enclosure, stable, or
other building in which farm animals.
including bees. are kept shall be a dis-
tance of not less than 100 feet from any
other lot in a Residential District.
6,03 Accessory Uses. Within an R-IA
Agricultural District, the following uses
shall be allowed as accessory to the per-
mitted use:
1. Private garages.
2, Privately owned swimming pools and
tennis courts for the use and conveni-
ence of the residents of the permitted
USe.
3. Structures accessory to an agricultural
permitted use.
4. Stands for agricultural products pro-
operated for commercial purposes, ence of the residents of the permitted
5. Cemeteries use.
6. Commercial radio and television trans- 3. Rental of rooms for occupancy by not
mission stations, more than two persons per dwelling
7. Living quarters for persons employed
on the premises of the permitted use.
8. Greenhouses, tool houses and similar
structures accessory to a private resi-
dential use.
6.65 Height, Yard, Area, and Lot
Width and Depth Regulations.
1. Height i~lations:
a. No single family dwelling shall
exceed two and one-haH (2-1 2 ) stories.
b. Ail other structures shall not ex-
ceed twenty-five (2~) feet in height.
except when accessory to an agrieul- 2.
turai principal use.
2. Front Yard Regulations:
a. There shall be a front yard having 3.
a depth of not less than fifty (50) feet.
3. Side Yard Regulations:
a. There shall be a side yard on one
side having a depth of not less than one
hundred (100! feet, and a side yard on
the other side having a depth of not less
than ten (10) feet.
4. Rear Yard Regulations:
a. There shall be a rear yard having
a depth of not less than fifty (50) feet.
5. Lot Area Regulations:
a. Every lot or tract of land on which
a single family dwelling is erected shall
contain an area of not less than two and
one-half (2-1 2) acres, which shah ad-
join a public road or a village street.
$. Lot Width and Depth Regulations:
a. Every lot or tract of lind on which
a single family dwelling is erected shah
have a depth not greater than two times
the width.
6.0~ Parking.
1. Not less than two (2) automobile park-
ing spaces shall be provided on the site
occupied by the permitted use. Ade-
quate space shall be reserved on the
site to allow for the construction of a
two ear garage.
6.07 General Regulations.
1. Additional regulaUons in the R-lA A~*
ricultural District are set forth in Sec-
Uon 19.
8.08 Bonmiarles of the R-IA Agricultur-
al District.
1. The boundaries of the R-IA Agricultur-
al District shall Include the following
7.01 Purpose. The R-I Si_'ngle Family
Residence District is intended to provide
a district which will allow residential.
development in those areas where such
development fits the Village land use
plan.
7.02 Permitted Uses. Within an R-1
Residence District, no building or land
shall be used except for the following use:
1. Single family dwellings.
'/.03 Accessory Uses. Within an R-I
Residence District. the following uses
shall be allowed as accessory to the Per-
mitted Use:
1. Private garages.
2. Privately owned swimming pools and
tennis courts for the use and conveni-
duced on the premises by the owner. ,7 described tracts and parcels of land:
6.04 Uses by Conditional Use Permit. "~.ECTION '/. R-I SINGLE FAMILY
Within an R-I A Agricultural District, the RESIDENCE DISTRICT.
following uses may be allowed but only
upon the securing of a CondiUooal Use
Permit:
1. Parks and recreational areas owned
and operated by governmental units
and residential neighborhood assoeli-
tions.
2. Non-profit schnoJs, including colleges.
having a regular course of study ac-
credited by the State of Minnesota.
3. Government owned and operated civic
and cultural institutions including, but
not limited to, administrative offices.
libraries, public safety buildings, and
plices of assembly.
4. Golf courses, but not including driving
tees, ranges, or miniature golf courses
unit, except that no separate dwelling
unit shah be allowed and that one off-
street parking space per tenant shall be
provided.
7.04 Uses by Conditional Use Permit.
Within an R-1 Residence District, the fol-
lowing uses may be allowed but only upon
the securing of a CondiUonal Use Permit:
I. Parks and recreational areas owned
and operated by governmental units
and recreational areas operated by res-
idenfial neighborhood associaUons.
Non-profit schools having a regular
course of study accredited by the State
of Minnesota.
Government owned and operated civic
and cultural insfituUons including, but
not Umited to, admlnistraUve offices,
Ubraries, pubUc safety buildings, and
places of assembly.
4. Golf courses, but not including driving
tees, ranges, or miniature golf courses
operated for commercial purposes.
5. Churches.
6. Living quarters for persons employed
on the premises of the permitted use.
7. Greenhouses, tool houses and simihr
structures accessory to a private resi-
denUal use.
8. Amateur radio transmission antennas.
'/.05 Height, Yard, Area and Lot Width
and Depth Regalations.
1. Height Replaflons:
a. No single family dwelling shall
exceed two and one-haH (2-1 2) stories.
2. Front Yard Regulations:
a. There shaU be a front yard having
a depth of not less than thirty (30) feet.
3. Side yard Regulitions:
a. There shaU be a side yard having a
depth of not less tMn ten (10) feet.
4. Rear Yard Regulations:
a. There shaU be a rear yard having
a depth of not less than thirty (50) feet
from the dwelling to the rear property
line.
b. There shaU be a rear yard having
a depth of not less than ten (10) feet
from any detached accessory use struc-
ture to the rear property line.
5. Lot Area Replaflons:
a. In areas served by pubUc water
and sanitary sewer systems every lot
or tral:t of lind on which a single family
dwelling is erected shaU contain an
area of not less than 15,000 square feet,
except that in platted areas served by
said water and sanitary sewer systems
the minimum lot size shall be gover-
ened by the provisions of Section
8.06(a)(1) of the Subdivision Ordinance
of the Village of Chanlmssen. '
6. Lot Width and Depth Replatlens:
a. 'Every lot or tract of land on which
a single family dwelling is erected shall
have a width of not less than 90 feet at
the building set back line.
'/.06 Parking.
1. Not less than two (2) automobile Park-
ing spaces shall be provided on the site
occupied by the permitted use. Ade-
quate space shall be reserved on the
site to allow for the construction of a
two car garage.
7.07 General Regulations.
1. Additional regulations in the R-1 RESI
DENCE DISTRICT are set forth in Sec
tion 19.
?.08 Boundaries ol the R-I Residenc~
District. The boundaries d the R-1 Real.
dence District shall include the followinl~
described tracts and parcels of land:
.-~d-SECTION 8. R-2, R-3 AND R4 MULTI-
PLE RESIDENCE DISTRICTS.
8.01 Purpose. The Multiple Residence
Districts are intended to provide districts
which will allow multiple dwelling devel-
opment, including double family dwell-
ings. apartments and townhouses, in
those areas where such development fits
the Village land use plan and where mu-
nicipal sanitary sewer and water services
are immediately available. The Multiple
Residence Districts are designated as R-
2, R-3 and R-4 Districts.
8.02 Permitted Uses,
1. Within an R-2 District, no building or
land shall be used except for the follow-
lng uses:
a. Single family dwellings containing
not more than one residential unit.
b. Two (2r family dwellings.
2. Within an R-3 District, no building or
land shall be used except for the follow-
lng uses:
a. Multiple dwellings containing not
less than two (2) nor more than twelve
~ 12 ~ dwelling units.
b. Townhouses.
3. Within an R-4 District, no building or
land shall be used except for the follow-
lng uses:
a. Multiple dwellings containing not
less than twelve, 12 ~ dwelling units.
8.03 Accessory Uses. Within an R-2.
R-3 and R-4 Multiple Residence District.
the following uses shall be allowed as
,,~, accessory to the Permitted Use:
1. Suborainate uses which are clearly and
customarily accessory to the perr6itted
use.
2. Private recreational facilities, includ-
ing swimming pools and tennis courts.
intended solely for the use and enjoy-
ment of the r~sidents of the Permitted
Use and their guests.
8.04 Uses by Conditional Use Permit.
The following uses may be allowed in the
following districts but only upon the se-
curing of a Conditional Use Permit:
1. R-2 and R-3 Residence Districts:
a. Any use permitted in Section 7.04
of the R-1 Single Family Residence
District as regulated thereby.
b. Hospitals and convalescent and
nursing homes.
2. R-4 Residence Districts:
a. An.,,' use permitted in Subsection 1
of this section.
b. Retail shops and restaurants situ-
ated entirely within the permitted use
building, a~ which are accessible only
from the interior of the building and
have no advertising or display which is
visible from the outside of the building.
and which facilities are provided pri-
marilv for the residents of the building.
8.05 'Height, Yard, Area and Lot Width
nnd Depth Regulations.
1. Hei&ht Regulations:
a. No structure in the R-2 and R-3
Multiple Residence Districts shall ex.
eeed 30 feet in height as measured from
the average grade of the surrounding
lot area.
2. Front Yard Regulations:
a. There shall be a front yard having
a depth of not less than twenty-five (25)
feet, except that a lot located at the in-
tersection ct' two or more streets shall
have a front yard depth on each street
side of not less than twenty-five (25)
feet in R-2 and R-3 Multiple Residence
Districts and thirty (30) feet in R-4
Multiple residence Districts.
3. Side Yard Refulations:
a. Each building not in excess of thir-
ty (30) feet in height shall have a side
yard having a depth of not less than
twenty-five (25) feet.
b. Each building in excess of thirty
(30) feet in height shall have a side yard
having a depth of not less than twenty-
five (25) feet plus one (1) foot of side
yard depth for every foot in height in
excess of thirty (30 ~ feet.
4. Rear Yard Regulations:
a. Each building not in excess of thir-
ty (30) feet in height shall have a rear
yard having a depth of not less than
twenty-five (25) feet.
b. Each building in excess of thirty
t30) feet in height shall have a rear
yard having a depth of not less than
twenty-five (25) feet plus one (1) foot of
rear yard depth for every foot in height
in excess of thirty (30) feet.
5. Lot Area Regulations:
a. The minimum number of square
feet of total lot area, adjusted by the
allowances permitted or imposed here-
under, shall be as follows:
,1 ) H-2 District - 15,000 square feet, or
3.fO0 square feet per dwelling unit.
whichever is most restrictive.
~2~ R-3 District - 18,000 square feet, or
2,500 square feet per dwelling unit.
whichever is most restrictive.
~3~ R-4 District - :30,000 square feet, or
2,000 square feet per dwelling unit,
whichever is most restrictive.
b. Basis and Amount of Allowance:
~Is Subtract 500 square feet for each
parking stall in or under the multi-
ple residence building, or other-
wise completely underground.
(2~ Subtract 300 square feet for each
dwelling unit atmve the fourth sto-
ry of the multiple residence build-
lng.
13s Add 500 square feet for each bed-
room in excess of two in each
dwelling unit.
8.06 Building Design and Construction.
1. Design Review:
a. No building permit for a multiple
residence building or townhouse com-
plex containing more than 12 dwelling
units, or buildings accessory thereto,
shall be issued without having first
been reviewed by the Planning Com-
mission and approved by the Council
following the procedures set forth in
Section 23, Conditional Use Permits.
except that no public hearing need be
held on any application for a permit.
The Council may attach such conditions
and guarantees to any such permit as it
deems necessary to insure compliance
with the provisions of this ordinance.
2. Design Responsibility:
a. A building permit for a multiple
residence building containing more
than 12 dwelling units, or buildings ac-
cessory thereto, shall not be issued un-
less the applicant's building plans,
in-
cluding the site plan, are certified by an
architect registered in the State of
Minnesota, stating that the design of
the building and site has been prepared
under his direct supervision. Any build-
lng of Type I or Type II construction, as
provided in the Uniform Building Code
incorporated by reference by Ordi-
nance No. 23, shall have its electrical,
mechanical and structural systems
designed by engineers registered in the
State of Minnesota. Provisions of this
paragraph shall not prohibit the prepa-
ration of the site plan by a professional
site planner.
3. Type of Construction:
a. Any building more than three sto-
ries in height shall be of Type I or Type
II construcUon as set forth in said Uni-
form Building Code.
4. Floor Area:
a. The minimum floor area per
dwelling unit shall be as follows:
Efficiency dwelling unit: 400 net square
feet
One bedroom dwelling unit: 700 net
square feet
Two bedroom dwelling unit: g00 net
square feet
b. Dwelling units' containing three or
more bedrooms shall have an addition-
al 150 net square feet of floor area for
each bedroom in excess of two.
c. For purposes of measurement, the
net floor area of a dwelling unit shall
mean that area within a building used
as a single dwelling unit, and shall be
measured from the inside of outside
walls to the center of ~rtitions bound-
lng the dwelling unit acing measured,
but shall not include public stairways
or elevators, public entries, public roy-
ers, public balconies, or unenclosed
[~uUblic porches, separate utility rooms,
rnace areas or rooms, storage areas
not within the dwelling unit or garages.
5. Closets and Bulk Storage:
a. The following minimum amounts
of closet and bulk storage shall be pro-
vided for each dwelling unit:
(1 ~ Efficiency and one bedroom units:
10 lineal feet of closet space and 96
cubic feet of bulk storage.
12~ Two bedroom units: 24 lineal feet of
closet space and 144 cubic feet of
bulk storage.
~3~ Three or more bedrooms: For each
bedroom in excess of two in any
one dwelling unit, an additional 10
lineal feet of closet space and 50
cubic feet of bulk storage volume
shall be required.
~4~ Only closet space having a mini-
mum clear finish depth of 2'0" and
having unobstructed floor to ceil-
ing height of 8.0' shall be consid-
ered in determining the lineal feet
October 21, 1998
Chanhassen City Council,
City of Chanhassen
1456 Arboretum Drive
Chanhassen, Minnesota 55417
To Whom it may Concern:
My husband and I, John F. and Mary C. Schumacher are property
owners in Minnewashta Manor in the City of Chanhassen, MN.
We moved to the area in 1963, when the current city was under
township government. We have watched the area grow.
I am writing to verify that we know Dick and Yvonne Brown who
live on Orchard Lane in the adjoining neighborhood to
Minnewashta Manor. We met the Browns when they moved into
the area.
We had been friends and clients of the Burnleys who owned the
property before the Browns moved into their residence. Irene
Burnley was in the antique refinishing business and sold
antiques out of her home. I purchased some items from her
during our time as neighbors of each other.
When the Browns moved in I became friends with Yvonne and
realized that she, t~oo, was in business as an artist who
painted on antique pieces. I purchased many items from
Yvonne and it became apparent that the vintage property was
lived in by artisans who used the property to subsidize
living expenses. I have known the property since 1963 as
one with wonderful friends and enhancing art pieces that
could be purchased from reputable people.
The home site is a picturesque homestead in Chanhassen. The
small amount of business operating out of it has been widely
received, without issue, and with gratitude, by many people
over the years. It is these small cottage industries that
give enchantment to our country. I do hope that they will
remain so in the years ahead. They give respect and homage
to a past that should remain a viable part of our culture.
Sincerely,
John F. Schumacher
Mary C. Schumacher
820 Santa Vera Lane
Chanhassen, MN 55317
M~ Cynthia R. Kirchoff
690 City Center Dr. Box 147
Chanhassen, MN. 55317
Dear Ms Kirchoff:
It is my understanding that our former neighbors the Brown,s at 2630 Orchard
Lane received a letter from you recently regarding their small business
operation.
The Brown,s moved into that home in, I beleive, 1970 and at that time started
the business.
It seems strange to me that at"this late date an ordinance encacted years
later would apply to this operation.
If any substantiation of the dates or operation are required please do not
hesitate contacting me.
TERRY STODOLA
6330 FOREST CIR.
EXCELSIOR, MN. 55331
OCTOBER 27, 1998
R. J. BROWN
2630 ORCHARD LANE
EXCELSIOR, MN. 55331
RED BARN SALE
DEAR MR. BROWN
THIS LETTER IS TO INFORM YOU THAT YOUR SALE, WITCH YOU ONLY
HAVE (2) PER YEAR WOULD BE.A GREAT LOSS TO THE NEIGHBORHOOD.
I HAVE LIVED AT 6330 FOREST CIR. FOR 20 PLUS YEARS AND NEVER
HAD A PROBLEM. I WOULD LIKE FOR YOU TO KEEP THE SALE IN THE
NEIGHBORHOOD.
I SINCERELY HOPE THE CITY WILL WORK OUT A COMPROMISE WITH
YOU.
-.
SINCERELY
November 3, 1998
Re: 2630 Orchard Lane
To: The City of Chanhassen
I have lived Just up the street from the Brown family for over
21 years. They have had a sale only ~wice a year for as long as
I can remember and it has NEVER been any problem. It is held in
their barn, which is far away from the street! Vehicles are only
allowed to park on one side of the street in order to ensure
safety and to be sure there is a fire lane.
A great number of the neighbors as well as other prople look
forward to these ~o sales every year, Just like people look
forward to Christmas!
None of this is a hazard, disruptive nor an inconvenience ~o our
neighborhood. I cannot possibly understand how anyone could
object to this very nice "happening" in our area.
Please allow this "happening" to continue as it has through these
many years!!
Thank you.
Linde Conner
2521 Orchard Lane
~,~.. :2., I 0 ~oL6----
· o
To Board of Adjustments and Appeal
Chanhassen, Minnesota
Re: Appeal of Yvonne and Richard Brown
Dear Sirs:
Our nelahbors have peen havina these sales for many years.
We live directlv across the street from Browns and have had
no problems from these semi-annual sales. They erect "No
Parking" signs on our side of the street so this eliminates
traffic problems. We see no reason why they cannot continue
these sales.
Yours truly,
Edit~] and Ralph Livingston
2631 Orchard Lane
Excelsior, Minnesota 55331
From: Pat & Ginny Hanily
2660 Orchard Lane Excelsior, Mn.
( Brown's neighbor)
To: City Of Chanhassen
Subject: We have lived at the above address for the past 20 years.
Brown's have conducted sales on a average of twice a year since we have
live here. Browns have taken care to post parking signs as traffic has
increased.
To us, it is worth the minor inconvenience of, a couple of sales
to have good neighbors like the Brown's.
Pat & Ginny Hardly
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENTS AND APPEALS
Tuesday, November 10, '1998
at 7:30 p.m.
City Hall Council Chambers
690 City Center Drive
PROJECT: Appeal Administrative Decision
APPLICANT: Richard and Yvonne Brown
LOCATION: 2630 Orchard Lane
NOTICE: You are invited to attend a public hearing about a development proposed in your area.
The applicants, Richard and Yvonne Brown, are appealing an administrative decision to allow retail
sales on property zoned RSF, Single Family Residential, 2630 Orchard Lane.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood about this project. During the meeting,
the Board of Adjustments Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Board discusses project. The Board will then make a decision.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit
written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on October 29, 1998.
KEN LANG
2631 FOREST AVENUE
MN 55331
WILLIAM WlSNIEWSKI
6340 MINNEWASHTA WOODS D
EXCELSIOR, MN 55331
RALPH LIVINGSTON
2631 ORCHARD LANE
EXCELSIOR, MN 55331
ROBERT RIESSLEMAN
6320 FOREST CIRCLE
EXCELSIOR, MN 55331
EARL ERICKSON
6341 MINNEWASHTA WOODS D
EXCELSIOR, MN 55331
GAlL KNUTSON
2641 ORCHARD LANE
EXCELSIOR, MN 55331
TERRY STODOLA
6330 FOREST CIRCLE
EXCELSIOR, MN 55331
DARRELL HINKLIN
6345 MINNEWASHTA WOODS D
EXCELSIOR, MN 55331
ANTHONY KASER
2651 ORCHARD LANE
EXCELSIOR, MN 55331
WARREN OLSON
6340 FOREST CIRCLE
EXCELSIOR, MN 55331
MARJORIE/C.E. WOOSLEY JR
2511 HIGHWAY 7
EXCELSIOR MN 55331
PAT HANILY
2660 ORCHARD LANE
EXCELSIOR MN 55331
KINGSTON SPURBECK
6350 FOREST CIRCLE
EXCELSIOR. MN 55331
SCO3-r & SUSAN LONG
2511 ORCHARD LANE
EXCELSIOR MN 55331
FRANK JANECKY
2661 ORCHARD LANE
EXCELSIOR. MN 55331
JAMES STORM
6360 FOREST CIRCLE
EXCELSIOR, MN 55331
LINDA L CONNER
2521 ORCHARD LANE
EXCELSIOR MN 55331
WILLIAM G JOHNSON
2670 ORCHARD LANE
EXCELSIOR MN 55331
MICHAEL RENNINGER
6310 MINNEWASHTA WOODS D
EXCELSIOR, MN 55331
TOM CHRISTOPHER
2540 ORCHARD LANE
EXCELSIOR MN 55331
CHESTER BU'I-I'ERFIELD
2671 ORCHARD LANE
EXCELSIOR MN 55331
JEREMY CONE
6320 MINNEWASHTA WOODS D
EXCELSIOR, MN 55331
DEAN PAXTON
2611 ORCHARD LANE
EXCELSIOR MN 55331
LAWRENCE C FREIBERG
2730 ORCHARD LANE
EXCELSIOR MN 55331
KATHY KLADEK
7217 W. 114TH STREET
BLOOMINGTON, MN 55438
DONALD LIVINGSTON
2621 ORCHARD LANE
EXCELSIOR MN 55331
JEFFREY KAMRATH
2731 ORCHARD LANE
EXCELSIOR MN 55331
W. KELLY
6331 MINNEWASHTA WOODS DR
EXCELSIOR, MN 55331
RICHARD BROWN
2630 ORCHARD LANE
EXCELSIOR MN 55331
GEOF POPE
2740 ORCHARD LANE
EXCELSIOR MN 55331
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
SEPTEMBER 29, 1998
Chairperson Johnson called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Willard Johnson, Stgvgn Berquist and Mark Senn
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR 28 FOOT VARIANCE FROM 75 FOOT SHORELAND SETBACK
FOR TIlE RECONSTRUCTION AND EXPANSION OF A DECI~ TOM & MARY
ALLENBURG~ 6621 MINNEWASHTA PKWY.
Cynthia Kirchoffpresented the staff report on this item.
Tom Allenburg stated that they would like to replace the deck to make it more modem.
Berquist moved, Senn seconded the motion to approve a 28 foot variance from the 75 foot
shoreland setback for the reconstruction and expansion of a deck. All voted in favor and the
motion carried.
A REQUEST FOR A 2 FOOT VARIANCE FROM TFiE 30 FOOT FRONT YARD
SETBACK FOR THE LOCATION OF AN ABOVE-GROUND POOL~ D. BENNETT &
SONS~ INC. (APPLICANT) AND KEVIN & LISA OLSON (OWNERS)~ 1520 HERON
DRIVE
Kirchoff presented the staff report on this item.
Senn questioned if an above-ground pool is defined as a structure.
Kirchoff read the definition of a strucvare in the zoning ordinance.
Brian Bomsh stated that the property owner contacted the City prior to the pool installation and
was told that the setback was measured from the curb not the property line. Mr. Borash
explained that the pool can be relocated, however, the landscaping surrounding the pool was
$2,400.00.
Berquist asked if it is 28 feet to the pool wall or to the buttresses.
Borash stated that he measured 40 feet from the pool to the curb and that the inspectors record
was incorrect.
Berquist asked if staff would have given aa incorrect setback to the property owner.
Board of Adjustments and Appeals Meeting Minutes
September 29, 1998
Page 2
Kirchoff responded that all of the setback calls get transferred to the planning department and
that the planners know how to measure a setback.
Berquist asked if the pool was installed without a permit.
Borash stated that he did not have time to pick-up the permit so the property owner called for the
correct setback.
Berquist stated that there were notations on the permit that the setback is measured from the
property line.
Borash stated that the property line changed.
Senn asked how other communities treat above-ground pools.
Borash stated that most do not require a permit and that he does not have any problems.
Berquist asked if the city notified the neighbors.
Kirchoff responded that all property owners within 500 feet were notified.
Senn asked if the owner would mind installing lattice around the bottom of the pool.
Kevin Olson asked if it would be along Bittern Court.
Senn responded that it would screen the pool from the neighbors.
Berquist moved, Senn seconded the motion to approve a 2 foot variance from the 30 foot front
yard setback for the placement of an above-ground pool with the following condition:
1. The applicant shall screen the bottom of the pool.
All voted in favor and the motion carried.
Johnson moved, Berquist seconded the motion to close the public hearing.
APPROVAL OF MINUTES: Berquist moved, Johnson seconded the motion to approve the
minutes of the Board of Adjustments and Appeals Meeting dated September 1, 1998. Senn
abstained from the vote and the motion carded.
Board of Adjustments and Appeals Meeting Minutes
September 29, 1998
Page 3
Johnson moved, Senn seconded the motion to adjourn.
The meeting was adjourned at 6:20 p.m.
Prepared and Submitted by Cynthia Kirchoff
Planner I