4. Ambrosen/Senn Hard Surface Coverage Variance
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
1-
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Angie Auseth, Planner I
Terry Jeffery, Water Resources Coordinator
DATE:
OLtY ~
Ambrosen/Senn Hard Surface Coverage Variance
Planning Case #08-24
January 12,2009
SUBJ:
PROPOSED MOTION:
"The Chanhassen City Council denies Planning Case #08-24 for a 3.7%
hard surface coverage variance to exceed the 25% impervious coverage
limitation by 1,038 square feet on Lot 7, Block 1, Maple Ridge Addition,
with conditions 1 through 4 on pages 8 and 9 of the staff report and adoption
of the attached Findings of Fact and Action."
City Council approval requires a majority of City Council present.
EXECUTIVE SUMMARY
The applicant is requesting a 3.7% hard surface coverage variance to exceed the
25% maximum hard surface coverage limitation by 1,038 square feet.
Planning Commission Update
A Public Hearing was held at the December 2, 2008 Planning Commission meeting
for this item. The Planning Commission voted 6 to 0 to deny the variance request.
The applicant is appealing the decision of the Planning Commission to the City
Council. The City Council's decision requires a majority of members present.
The applicant presented a narrati~e dated December 1, 2008, stating that the
topography of the site causes an undue hardship. However, based on the guidelines
of the City Code for the RSF district, the property owner does have reasonable use
of the property which includes a single-family home and three-car garage.
The Planning Commission discussed the fact that the applicant showed a reduction
of 1,039 square feet of hard coverage in order to obtain a building permit to
construct the additions. This demonstrates that their goal of adding onto the home
and bringing the site into compliance with the 25% maximum hard surface coverage
can be achieved. The homeowner submitted security and a signed escrow
agreement to ensure compliance with the decision of the Board of Adjustments and
Appeals.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Ambrosen-Senn Hard Surface Coverage Variance
January 12, 2009
Page 2
The applicant stated that the condition requiring an as-built survey was added late in the process;
however, staff conveyed this requirement to the applicant prior to issuing the building permit.
Water Resource Response
In response to the narrative given by the consultant on behalf of the applicant, at the December 2,
2008 Planning Commission; Mr. Bruning states that the patio and retaining walls located behind
the property are a solution to the erosion issues on the slope. Staff disagrees with this statement.
The very act of placing hard cover immediately adjacent to the top of bluff results in an increase
in the volume of water running off of the surface as well as a decrease in the time of
concentration for this runoff. This means that more water is running off the area at an increased
velocity.
Some of the water will infiltrate through the brick pavers, but without an underlying layer of
engineered soils, an underdrain system and regular maintenance, this infiltration is limited and
"\'~l , diminishes annually.
~. Evidence visible in the
.\;; photographs, such as
plant growth in the
joints and an absence of
granite chips in the
joints, indicates that
regular maintenance of
the patio as a drainage
system does not take
place.
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The re-establishment of
a vegetative cover will
slow the movement of
surface water in the
area, create a more
diffused flow pattern
and promote infiltration
of water into the soils
compared to an
engineered hardcover
system. This would
also eliminate the need for the point discharge of drain tile westerly in the retaining wall system.
Finally, the removal of the vegetation on the bluff itself exposes the soil to the full erosive force
of the rainfall as well as the erosion which results from runoff. No fewer than four trees were
removed on the bluff. City code allows for the removal of thirty feet or thirty percent of the lot
width, whichever is less. This tree removal created a large opening in the canopy exposing a
considerable area of bare soil. Replacement of these trees would go a long way to improve the
erosion problem on the lot.
The Planning Commission did not find any objection to staffs recommendation for the variance
request.
The City Council minutes for December 2, 2008 are item 1 a of the January 12, 2009 City
Council Packet.
RECOMMENDATION
Staff and the Planning Commission recommend the following motion:
"The Chanhassen City Council denies Planning Case #08-24 for a 3.7% hard surface coverage
variance to exceed the 25% impervious coverage limitation by 1,038 square feet on Lot 7, Block
1, Maple Ridge Addition, with conditions 1 through 4 on pages 8 and 9 of the staff report and
adoption of the attached Findings of Fact and Action."
ATTACHMENTS
1. Applicant Narrative, dated December 1, 2008.
2. 60-day Development Review Deadline extension letter dated December 5, 2008.
3. Planning Commission Staff Report Dated December 2,2008.
g:\plan\2008 planning cases\08-24 ambrosen-senn variance\I-12-09 executive sumrnal)'.doc
I'
December 1, 2008
Staff has suggested that the only reasonable use of a property in R-l zoning is a single-
family home with a 2-car garage. I submit that this view is not current thinking of land
use. The majority of properties within 500 feet of this property are much more ~han that.
10 out of 13 houses on Maple Shores Drive have 3 car garages or more (a clear majority).
In addition, an examination of the aerial photos on the Carver County website shows that
20 of the 32 residences in this area appear to be over the 25% hardcover restriction, some
extremely over. These are pre-existing standards for this neighborhood. In comparison to
the majority of the homes in the area, Mark Ambrosen and Ann Senn are not asking for
an unreasonable use of their property.
Because of the shape and topography of their lot, my clients need to use precious
hardcover for an atypically long driveway to access their home and a retaining waUl
patio/ drain system to protect it. Three properties to the South have longer driveways than
my clients and each has a turnabout, however, they are all on near level lots. Two have
flag lot exemptions to the hardcover requirement; the remaining is on a much larger
property.
To the East are the only two lots within 500 feet that have an elevation change greater
that this property, however it is only slightly greater and over a longer distance. This
property is unique in that it has both these elements combined on a parcel that is
substantially smaller than any of them. The lot size combined with the shape and
topography is the hardship_ it is not self-created: the willingness to accept an undue
hardship does not negate the hardship or create it.
The granting of this variance would not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which this parcel is located. Mark
and Ann have incurred both the monetary and more importantly the hardcover expense to
mitigate the runoff /erosion problem caused by the topography of their lot. Without this
allocation of protective hardcover, my clients would be able to construct their addition
a,nd meet the hard surface coverage limitation while maintaining their driveway and
turnabout. They should not be penalized for their efforts to comply with the spirit of the
hardcover code simply because they don't meet the letter of that code. However, denial of
this variance could endanger public safety. While staff's finding offact does not agree,
we feel that backing a vehicle down a narrow wooded sloped driveway in excess of 130'
could be a danger to public safety.
I ask that the Planning Commission consider the following actions:
1) Grant the variance as requested.
.
2) Grant an exemption to the hardcover calculation for the retaining wall! patio/
drain system in the rear of the home (The City currently recognizes similar
exemptions for swimming pools and driveways on flag lots, etc.).
3) Request that the City Council consider recognizing other means of mitigating
hardcover (see list in original narrative)
4) Modify the recently added condition requiring my clients to use an as-built
survey, signed by a registered land surveyor to ensure that the lot complies with
the 25% hard surface coverage. We request that if the variance is denied, Mark
and Ann should be asked to maintain there existing hardcover condition (currently
at an estimated 25.7%). The current excess hardcover is a pre-existing condition
that appears prevalent in the area.
We appreciate your considerations for this variance.
~ . "'\
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rung ~/
Senior Designer
Sawhorse Designers and Builders
763-533-0352
fredbruning@sawhorseusa.com
,.,
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building,lnspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
6?5-2'-f
December 5,2008
Fred Bruning
Sawhorse Design & Builders
4740 42nd A venue North
Robbinsdale, MN 55422
Re: Hard Surface Coverage Variance Development Review Deadline
3830 Maple Shores Drive--Planning Case 08-24
Dear Mr. Bruning:
Your hard surface coverage variance request appeal has been scheduled for the
January 12, 2009 City Council meeting. This date exceeds the application review
deadline as required by State Statute. Being that staff is unable to process this
application within the 60-day review deadline; the City is taking an additional 60
days to complete its review. The review deadline for this item is now February
28, 2009.
If you have any questions please feel free to contact me at 952-227-1132 or
aauseth@ci.chanhassen.mn.us.
Sincerely,
~<
. ~
Angie Auseth
Planner I
cc: Mark Ambrosenand Ann Senn
ec: Kate Aanenson., Community Development Director
G:\PLAN\2008 Planning Cases\08,24 Ambrosen-Sennyariance\ExtensionLetter.doc
SCANNED
Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow
Auseth, Angie
From:
Sent:
To:
Subject:
Fred Bruning [FredBruning@Sawhorseusa.com]
Friday, December 05,200811 :06 AM
Auseth, Angie
RE: Variance decision appeal
Angie,
We would like to appeal the decision of the Planning Commission to the City Council. Could you tell me the date the
appeal would be heard? Would you confirm this request for the appeal?
Thank you,
Fred
-----Original Messagem--
From: Auseth, Angie [mailto:aauseth@cLchanhassen.mn.us]
Sent: Wednesday, December 03, 2008 9:36 AM
To: Fred Bruning
Cc: Aanenson, Kate; Meuwissen, Kim
Subject: Variance decision appeal
Fred,
I wanted to remind you that you have four days in which to submit a written request to appeal the decision of
the Planning Commission to the City Council. The appeal must be submitted no later than Monday, December
8,2008. If an appeal is not submitted, the decision of the Planning Commission is final.
Please let me know if you have any question.
Sincerely,
Angie
Angie Auseth
Planner I
City of Chanhassen
7700 Market Blvd
Chanhassen, MN 55317
Direct dial: 952-227-1132
Fax: 952-227-1110
email: aauseth@cLchanhassen.mn.us
Website: www.cLchanhassen.mn.us
1
CC DATE: 1/12/09
ca - Z,J1
IT]
PC DATE: 12/2/08
CITY OF CHANHASSEN
REVIEW DEADLINE: 12/30/08
CASE #: 08-24
BY: AA, TJ, JM, JS
PROPOSED MOTION: "The Chanhassen Planning Commission denies Planning Case #08-24
for a 3.7% hard surface coverage variance to exceed the 25% impervious coverage limitation by
1,038 square feet on Lot 7, Block 1, Maple Ridge Addition, and adoption of the attached Findings
of Fact and Action."
SUMMARY OF REQUEST: The applicant is requesting a 3.7% hard surface coverage
variance to exceed the 25% impervious coverage limitation by 1,038 square feet on a lakeshore
lot, zoned Single-Family Residential (RSF).
LOCATION:
3830 Maple Shores Drive
Lot 7, Block 1, Maple Ridge Addition
Fred Bruning ~ ~ark Ambrosen & Ann Senn
Sawhorse Design & Builders 3830 Maple Shores Drive
4740 42nd Avenue North Excelsior, MN 55331
Robbinsdale, MN 55422
APPLICANT:
PRESENT ZONING: Single-Family Residential (RSF)
2020 LAND USE PLAN: Residential-Low Density (1.2 - 4 units per acre)
ACREAGE: 0.64 acres
DENSITY: N/ A
ADJACENT ZONING: The properties to the north, west and east are zoned Single-Family
Residential (RSF) and contain single-family homes. Lake Minnewashta is located to the south.
WATER AND SEWER: Water and sewer service is available to the site.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
SCANNED
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 2 of9
APPLICABLE REGULATIONS
. Chapter 20, Article II, Division 3, Variances
. Chapter 20, Article XII, Shoreland Management District
. Chapter 20, Article XII, Single Family Residential (RSF) District
. Section 20-615 (5) Lot requirements and setbacks
. Chapter 20, Article XXIII, General Supplemental Regulations
. Section 20-908 Yard Regulations
PROPOSAL SUMMARY
The applicant is requesting a 3.7% hard surface coverage variance to construct improvements,
including garage expansion, house addition, and driveway expansion on property located at 3830
Maple Shores Drive, Lot 7, Block I, Maple Ridge Addition.
The 28,100 square-foot lot is a lakeshore lot located on the west side of Lake Minnewashta. The
applicant submitted and obtained a building permit, in addition to the variance application, to add
two additions onto the home and necessary accesses, totaling 848 square feet.
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 3 of9
The applicant wanted to commence construction before the ground froze; therefore, staff worked
with the applicant to process the building permit prior to the scheduled Planning Commission
meeting.
The applicant demonstrated that the site could comply with the 25% hard surface coverage by
proposing to remove 1,039 square feet of hard surface. Staff has obtained a security deposit and a
signed escrow agreement to ensure the removal and revegetation of the hard surfaces exceeding
25%, should the variance be denied. Staffhas advised the applicant of staffs interpretation and
recommendation for the denial of the request.
The homeowner currently has reasonable use ofthe property, which includes a single-family home
and a three-car garage. The applicant has demonstrated that the hard surface coverage on the site
can be reduced to achieve their goal of constructing the additions on the site. This request is a self-
created hardship, as defined by the City Code. Staff is recommending denial of the variance
request.
BACKGROUND
The property is located on Lot 7, Block 1, Maple Ridge Addition, which is zoned Single-Family
Residential (RSF). The Maple Ridge Addition was platted in 1985 and consists of 13 lots. The
subject property was developed in 1986 and complies with the current standards for a riparian
lot. Minimum lot area for a riparian lot in the RSF district is 20,000 square feet. The subject site
has an area of 28, 1 00 square feet (0.64 acres).
The Single-Family Residential zoning
district was adopted in 1972 which
includes the maximum 25% hard
surface coverage per lot. Staff met with
the applicant to discuss the proposed
additions to the home. Staff informed
the applicant that a variance would be
required for the 848 square-foot
expansions as the site would exceed the
25% maximum hard surface coverage
by 3.7%.
The expansions include converting one
stall of the three-car garage into a
laundry room and adding a new third
stall onto the north side of the existing ,.,v"" :
garage, a driveway expansion to access
the third stall, and a two-story theater
addition with a wraparound balcony on the east side of the house with concrete stairs and patio.
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 4 of9
The applicant wanted to
commence construction
prior to the ground
freezing, the applicant
applied for a variance and
a building permit
simultaneously.
ANAL YSIS
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Prior to issuing the
building permit, the
applicant demonstrated
that the site could meet the
25% hard surface
coverage by eliminating
1,039 square feet of hard
surfaces. The applicant
provided an escrow of $4,000 and an escrow agreement to ensure the removal of the excess
impervious coverage, bringing the site into compliance with the 25% maximum site coverage,
should the variance request be denied.
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The subject site is a riparian lot and has an area of 281 ,000 square feet, which exceeds the
minimum lot area in the RSF district by greater than 8,000 square feet. Additionally, the site
currently exceeds the 25% hard surface coverage by 190 square feet. The applicant is requesting
a variance to increase the size of the home/garage and site improvements by 848 square feet and
keep the existing hard surfaces currently on the site. The applicant is requesting a 3.7% (1,038
square-foot) hard surface coverage variance.
Existing
Existing Lot size 281,000
House/garage 2,779
Driveway/entry (concrete) 3,143
sidewalk
Shed (concrete) 120
Walkout patio (pavers) 723
Fire pit patio (pavers 250
Dog kennel (concrete) 167
Pad for gas grill (concrete 33
Total 7,215
Percentage 25.7%
I
I
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Pro osed Additions
House/garage additions
Service door pad
Driveway spur
connection
Steps & patio for
addition
Total
Variance Re uest
Square footage
Request
Percentage
Without reductions
692
(3x6 concrete) 18
90
(6 treads) 48
848
1,038
28.7%
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 5 of9
Site Characteristics
The subject site is located at the end of a cul-de-sac. The property is an inverted 'L' shape and
the majority of the property is oriented north/south to the lake. Most of the south side of the lot is
a bluff with an elevation change over 46 feet and occurs within the first 70 feet abutting the lake.
The soils are classified as "highly erodible land" by the USDA Natural Resources Conservation
Service.
Driveway
Due to the 'L' shape of the property
and location of the home on the lot, the
driveway is over 130 feet in length and
includes a turnabout. The driveway
occupies II % of the allowed hard
surface coverage of the lot (3,143
square feet). The applicant states that
removing the turnabout is a hardship as
the alternative is to drive in reverse
down the 130-plus-foot driveway.
However, as part of the building permit
and several discussions with the
applicant, it was conveyed by the
applicant, on behalf of the homeowner,
In the past, there have been erosion
issues concerning the bluff on the site.
To mitigate the erosion problems; the
applicant has had retaining walls
engineered and a patio installed on the
site. However, increasing the
hardcover will subsequently increase
the volume and rate of runoff and may
lead to additional erosion.
As shown in the photograph to the left,
wood stairs have been installed down
the bluff from the home to the lake to
provide access. This is permitted
through Sec.20-1402, Stairways, lifts
and landings, of the City Code.
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 6 of9
that the turnabout portion could be removed to meet the 25% coverage to receive building permit
approval for the additions. Therefore, the hardship is self-created.
Upon inspection of the site, staff noted that the driveway is relatively flat and straight. Driving
in reverse down the driveway does not create a safety issue and does not require a turnabout as
outlined in the City Code.
According to Section 20-1122 (11) of the City Code, a turnabout is required on driveways that
enter onto a state highway, county road or collector roadway, and city streets where deemed
necessary by the city engineer, based on traffic counts, sight distances, street grades, or other
relevant factors.
The subject site is located at the end of a
cul-de-sac that serves 13 single-family
homes. Of the 13 properties, four have
driveways longer than 30 feet, which is the
minimum front yard setback requirement in
the RSF district. The subject site is the only
driveway with a turnabout, which the
applicant has demonstrated can be removed
if the variance is denied. Additionally,
Maple Shores Drive is not a through street
and non-residential traffic is minimal.
Compliance
The applicant has demonstrated that the goals of the homeowner to add on to the home can be
achieved without the need for a variance. The applicant wanted to begin construction of the
additions before winter and submitted a building permit, prior to the Planning Commission
meeting, to construct the additions. The applicant has submitted an application for a building
permit which does not increase the hardcover. Instead, it mitigates for the hardcover by eliminating
several ofthe existing elements on the property: the driveway, dog kennel, grill pad and portion of
the patio near the lake.
Compliance
Total existing & Proposed 8,063
Total reductions 1,039
Proposed Total 7,024
Percentage w/ reductions 24.9%
Proposed Reductions
Dog kennel (change to pea rock) 167
Pad for gas grill (eliminate) 33
Driveway/turnabout (reduce) 725
Fire pit size reduction 50
Driveway in front of 64
new laundry Room
Total 1.039
The applicant submitted security and
signed an escrow agreement stating that
should the variance be denied, the excess
hard surface coverage would be removed
by May 31, 2009. A condition is added that an as-built survey, signed by a registered land
surveyor, is required to ensure the lot complies with the 25% hard surface coverage. The
registered land survey must be submitted to the City by June 15,2009.
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 7 of9
In speaking with the applicant, prior to
issuing the building permit, the applicant
explained that the additions were
important to the homeowner, who was
willing to risk the turnabout in the
driveway and various hard surfaces on
the site to be able to begin construction.
It is staffs interpretation that this request
is a self-created hardship.
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In addition, the applicant stated that a portiones) of the 250 square-foot patio and 120 square-foot
shed located near the lake could be removed or reduced to bring the site into compliance with the
25% maximum hard surface coverage for the site if necessary.
500 feet
The City Code states that a variance may be granted if the literal enforcement causes undue
hardship and the property owner does not have reasonable use of the property, which includes
comparable properties within 500 feet.
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 8 of9
Of the properties within 500 feet of the
subject site (outlined in yellow), there have
been two variance requests (outlined in
green). One of the requests was for a 2-
foot side yard setback to construct a two-
car garage at 3841 Red Cedar Point Drive.
The second request was for a 79- foot lot
frontage variance for the construction of a
single-family home at 3727 South Cedar.
The consultant for the applicant suggests a
number of examples for reducing the impact
of increased hardcover. While it may be true
that some of these practices would offset the
effects of increased hardcover, there is no
process by which these alternative
management practices can be evaluated.
There is also no way to assure that these
alternative practices will be kept in place in
the future. It is the intent of the hardcover
code to maximize vegetative cover as much
as it is to minimize total paved area. The benefits garnered by maintaining an area in natural
vegetative cover will always outweigh the benefits of an engineered pavement system regardless of
how well designed or installed.
The applicant has not demonstrated a hardship that would warrant the granting of a variance.
Under the current conditions, the homeowner has reasonable use of the property including a
single-family home and a three-car garage. The hardships listed by the applicant are not
inconsistent with the criteria specified in the Zoning Ordinance for granting a variance.
Therefore, staff is recommending denial of the variance.
RECOMMENDATION
Staffrecommends that the Planning Commission adopt the following motion and the adoption of
the attached findings of fact and action:
"The Chanhassen Planning Commission denies Planning Case #08-24 for a 3.7% hard surface
coverage variance on Lot 7, Block 1, Maple Ridge Addition and adoption of the attached
Findings of Fact and Action and subject to the following conditions:
1. The site must comply with the 25% maximum hard surface coverage requirement as
outlined in the City Code.
Ambrosen-Senn Variance Request
Planning Case 08-24
December 2, 2008
Page 9 of9
2. Excess hard surface coverage must be removed and revegetated no later than May 31, 2009.
3. An as-built survey, signed by a registered land surveyor, is required and must be submitted
no later than June 15,2009 to ensure compliance.
4. Final building inspection will not be approved until verification of compliance."
ATTACHMENTS
1. Findings of Fact and Action.
2. Development Review Application.
3. Reduced copy of site layout, stamped "Received October 31, 2008".
4. Reduced copy of architect drawings, stamped "Received October 31,2008".
5. Letter attached to Building Permit, dated November 20, 2008.
6. Copy of Escrow Agreement.
7. Public Hearing Notice and Affidavit of Mailing.
8. Reduced copy of site layout with removal areas, stamped "Received November 7,2008".
g:\plan\2008 planning cases\08-24 ambrosen-senn variance\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Mark Ambrosen and Ann Senn for a 3.7% hard surface coverage variance
from the 25% maximum hard surface coverage in the Single-Family Residential (RSF) District-
Planning Case No. 08-24.
On December 2, 2008, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Mark Ambrosen and Ann Senn for a 3.7% hard
surface coverage variance from the 25% maximum hard surface coverage to allow 1,038 square
feet of hard surfaces at 3830 Maple Shores Drive, located in the Single Family Residential District
(RSF) on Lot 7, Block 1, Maple Ridge Addition. The Planning Commission conducted a public
hearing on the proposed variance that was preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential-Low Density (1.2 - 4 units per
acre).
3. The legal description of the property is: Lot 7, Block 1, Maple Ridge Addition.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The literal enforcement of this chapter does not cause an undue hardship. The
applicant currently has reasonable use of the property including a single-family home and a
three-car garage and a turnabout in the over l30-foot long drive. The applicant showed the
removal of 1,039 square feet of existing impervious surfaces, including the removal of the
turnabout (725 square feet), in order to obtain a building permit to construct 848 square feet
of home improvements on the site while maintaining 24.9% hard surface coverage. This
demonstrates that the applicant can achieve their goals of constructing the additions and
comply with City Code. Therefore, the hard surface coverage variance request is a self-
created hardship.
1
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all properties
within the Single-Family Residential District. All properties within the RSF district are
limited by the 25% maximum hard surface coverage. In the past there has been erosion
problems in the bluff located on the south side of the property. Retaining walls have been
constructed on the site to mitigate those erosion issues; however, increasing the hard surface
coverage on the site will increase the runoff and may cause additional erosion issues.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel ofland.
Finding: The intent of the request is not based on the desire to increase the value of the
home. The property owner's intent is to increase the livable area ofthe home in addition to
the existing hard surface coverage on the site. The applicant has demonstrated that additions
can be constructed and the site can be brought into compliance with the 25% maximum hard
surface limitation as outlined in the City Code.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant has reasonable use of the property, as a single-family home and a
three-car garage are currently located on the site. The applicant has demonstrated that 1,039
square feet of hard surface coverage can be removed to meet the 25% hard surface coverage
limitation in the RSF district in order to construct 848 square feet of improvements. As part
of the building permit, the applicant included removal of the turnabout in the driveway (725
square feet). Prior to issuing a building permit for the improvements and processing the
variance request, staff advised the applicant of staffs interpretation and recommendation for
the denial of the request. This request is a self-created hardship.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of a variance may be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located. The
increase in the amount of hard surface coverage on the site will increase the runoff from the
site and may cause additional erosion which may run into Lake Minnewashta.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed home will not impair an adequate supply of light or air to the
adjacent property or substantially increase the congestion ofthe public streets or increase the
danger of fire or endanger the public safety or diminish property values within the
neighborhood.
2
5. The planning report #08-24, dated December 2,2008, prepared by Angie Auseth, et aI, is
incorporated herein.
ACTION
"The Planning Commission denies Planning Case #08-24 for a 3.7% hard surface
coverage variance from the 25% maximum hard surface coverage to allow 1,038 square feet of
hard surfaces on Lot 7, Block 1, Maple Ridge Addition, based on these findings of fact."
ADOPTED by the Chanhassen Planning Commission on this 2nd day of December, 2008.
CHANHASSEN CITY PLANNING COMMISSION
BY:
Its Chair
g:\plan\2008 planning cases\08-24 ambrosen-senn variance\12-2-08 fmdings of fact.doc
3
Planning Case No. 6 <6 "'G-~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address:
~-q,A]HoIL<;E De:,lf",*"FxL.C, 'Cl &J(~<;
4,4n - 4?}.lD l\.t)l:::,~
lZoAAn"u;)~ I roM. <;;~+2.2
Contact: Fi2.Gn J?.lWNIK(."
Phone:f..li2-~"'lI- ~:11 S Fax: 7b3-S3?> - 2k><oB
Email: +C&:!hrt>Y\'i~@Scu.u~N',.i' I)~ .Cbrt"l
Owner Name and Address:
(Y)A17JL Am~I'1..D""GN. 4- ANN <3~N
~B-:2,l:~ n1A\OI h c;,.,~ DtuulS
~1='1~IDt'L m""" ~S?)?, I
Contact: t-'\KI'-v. ,\Wt4.~~
Phone: ~'i'~ "''1C>.1~'-S Fax:
Email:
NOTE: Consultation with City staff is reQuired prior to submittaJ, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements (VAC)
Interim Use Permit (IUP)
y..
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
CITY OF CHANHA:C;SFI'
RECEIVED
Sign Plan Review
OCT 3 1 20U8
X Notification Sign - $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRNACNARIWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE S t\\ 1.\ 50. CD
CHANHASSHl C>J"~I\"""
Site Plan Review (SPR)*
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full..size folded copies of the ptans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (* .tit) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME:
ADO/''' or-l . ~l;>~ nf:= t"YlA"u,J i 1..../d1!~'L. t G;v~ I t'':''J:w?.A-l<!)~ ~p~ ~lOrJ
LOCATION: ?lR?o rl\~LE:, '5~ \')I'lIUc;
LEGAL DESCRIPTION AND PID: Loi aD, ~\..DdL 1')C)' .lb4 At'
P l [) il-? ~44-~QD ,0
TOlAL ACREAGE: ..Je 5
<&Fr ne, itAJP Ill/') fLHt.... b~
NO( m1N1't6wAS~TA ~)
WETLANDS PRESENT:
)(
YES
PRESENT ZONING:
REQUESTED ZONING:
PRESENT lAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Indude number of existing employees:
and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application..
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice ot application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for 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 application. I have attached a copy of proof of ownership
(either copy of owner's Duplicate Certificate of Title, Abstract of TItle or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
~~J
~~
IQnalure Cil Applil;aril ~
<3i"~. ./'/-
,/ <0 / . _...._
~I:ate 6f~ee Owner
J 6(3l 103
Date
CITY OF CHANHASSE
RECEIVED
OCT 3 1 2008
6/027-zcog-
Date CHANHASSEN PLANNING OW'
G:\plan\forms\Development Review Application.DOC
SCANNED
Rev. 1/08
. '."'
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Engineering . PfElnr~1fng · :::iurveying
r
CITY OF CHANHASSEI\I
RECEIVED -
McCombs Frank RODS
Associates, Inc.
OCT 3 1 200B
CHANHASSEN PLANNiNG DEP7
October 9,2008
Sawhorse Designers & Builders
4720 42ND Ave. N.
Robbinsdale Minnesota 55422
"
Fax 763 533-2668
Phone 763 533-0352
SUBJECT: Lot7t Block 1, Maple Ridget Carver CountYt Mn.
3830 Maple Shores Dr
Excelsior,:MN 55331
To Whom It May Concern:
We hereby certify that the acreage of the above mentioned Lot 7 is 28,100 square feet, more or
less, or 0.65 acres.
Sincerely,
MFRA. Inc.
p, rr;~
Henry D. elson
Land Surveyor
Minnesota Lie. # 17255
1f\Pr
,~~"f
An Equal Opportunity Employer
14800 28th AVinue North, Suite 740 · Plymouth, Minnesota · 55447
phonB 768/476-8010 · fax 763/476-8532 · e-msil: mfratP.Jmfra.com
SCANNED
CITY ~~g~1'v~~SSEN
NQV 2 0 2008
CHANHASSEN PLANNING DEP7
The home of Mark Ambrosen and Ann Senn is localed at 3830 Maple Shores Drive
Maple Shores Drive is a street with an ascending elevation to Lake l'vlinnewashta, \vhen it
terminates at their property its e1e\'ation is at its llmximum The North to South elevation
change of this property is over 46 feetI'his dramatic change is fimher exacerbated by the
slight change in grade for the first 70 f"Cet abutting the lake Their property is also usually
shaped; a canted "1." with its narrowest border abutting Maple Shores Drive While the
size of their lot would normally easily allow them to comply with the hardcover portion
of the code, these two factors
i Shape of the Lot - Because of its shape, the buildable area is limited to the Eastern side
of the lot requiring an extremely long driveway to access the home, Driveways of this
length create the need of a turnabout The combined hardcover of these two elements is
3143 sq ft., 13% more thanlhe 2779 sq n f~Jotprint of the home itself This
disproportionate percentage of hardcover needing to be utilized for a driveway is a
hardship.
2. Topography - Because of the dramatic change in grade on the South of their lot rvlark
and Ann were faced with an erosion problem at the rear of their home Water had eroded
the slope to within six feet oftheir foundation 'rhe solution \-vas to constmcl a series of
retaining walls, a paver patio and a system of drains installed along the entire rear
elevation of their home, This 723 sqft of hardcover '.vas designed to alleviate the
problem. They are not inclined to remove this protection to their home. The amount of
hardcover needed to provide this protection is a hardshIp
We are asking for a variance to the hardcover ordinance to 28.5~'~ vs. the 25%1 required.
Findings for granting a variance - Mark Ambrosen and Ann Senn did lJot create these
hardships Reasonable use aerial photos of the neighborhood, show that this I.-shaped
lot and this length driveway is atypical to immediate vicinity. The purpose of this
request for variance is not based on a desire to increase the value or income potential of
this land. The owners simply want to use the property differently. The granting of this
variance would not he deh'imental to the public welfare or il~urious to other land or
improvements in the neighborhood, nor would the variance impair an adequate supply
of light and air to adjacent property, it would not increase congestion of the public
streets, increase the danger offire, endanger the public saf"Cty or diminish or impair
property values in the neighborhood
I also oller another consideration
1 The strict, literal enforcement the hardcover code over its intent is a hardship in
itself Mark and Ann afe two of the most environmentally people 1 've
known They understand need to restrict water into our lakes streams,
They don't understand why a viable that can accomplish the spirit of the
code cannot be used silnply because it doesn't follovv the letter oCt he code We
a few examples:
a) More permeable alternative surfaces available. the Uof 1Vl
Arboretum has been testing systems promoting to improve \vater quality nm off
issues from parking lots.. driveways and patios, {recent Kare 11 expose')
b) Downspouts that can direct water to otherwise inaccessible permeable areas
c) Holding ponds
Drain fields
to permit
to
permeable areas
n (in addition to
reduce the demand on
can
be used to
Other
pitch
including
not limited
ground cover, grade
data if
to
one of
and Ann \vould like to alter their home
in order to stay in a community and
the to hardcover would
We
vanance,
Senior Des.igner
Sawhorse Designers
com
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CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
AdministratiDn
Phone: 952.227,1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone; 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
November 20, 2008
Mark Ambrosen and Ann Senn
3830 Maple Shores Drive
Excelsior, MN 55331
Dear Mr. Ambrosen and Ms. Senn,
Due to the construction season coming to a close as winter approaches and your
desire to add on to your home while exceeding the hard surface requirements on
the property; both a building permit and a hard surface coverage variance
application have be simultaneously submitted to the City of Channassen.
The hard surface coverage variance request will be heard at the December 2,2008
Planning Commission meeting. Prior to that meeting you have submitted security
in the amount of $4,000 and a signed Escrow Agreement to the City to ensure the
removal of the excess hard surface coverage should the variance be denied.
As stated in the escrow agreement, the removal and revegetation must be
completed no later than May 31, 2009. Should this condition not be met, the City
may draw on the security to bring the site into compliance. The final building
inspection will not be approved and an asbuilt survey, signed by a registered land
surveyor, will be required for the property to verify compliance with the decision
of the Planning Commission/City Council.
Should you have any questions please contact me 3.t952-227 -1132 or
aauseth@ci.chanhassen.mn.us.
Best regards,
~-
Angie ~
Planner I
cc: Building File
ec: Alyson Fauske, Assistant City Engineer
Jerry Mohn, Building Official
Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
Roger Knutson, City Attorney
Fred Brunning, Saw Horse Designers & Builders
Chanhassen is a Community for life. Providing for Today and Planning for Tomorrow
rlle c Ll
t..w,/ LJ
ESCROW AGREEMENT
This Agreement is made as of ;<I.I'IioJ , 2008 by and between Mark Ambrosen and
AIm Senn, husband and wife ("Applicants"), and the City of Chanhassen, a Minnesota mtmicipal
corporation ("City").
RECITALS
A. The Applicants are the owners of real property located at 3830 Maple Shores Drive in the
City of Chanhassen (the "Property").
B. The Applicants have applied for a building pem1it for the construction of a building
addition (the "Building Addition") to the Property.
C. Construction of the Building Addition results 111 28.5% impervious coverage, which
exceeds that which is allowed by City Code.
D. The Applicants have applied for an impervious surface coverage vanance (the
"Variance").
E. The Applicants have submitted plans (the "Plans") with the building permit that indicate
that certain impervious areas (the "Impervious Areas") on the Property wiII be removed in order
to comply with the City's imperviolls surface requirement in the event that the Variance is not
granted.
F. The estimated cost to remove the Tmoerviolls Areas and revee:etate with seed and mulch
.-- - . I. ' -
is $4,000.
AGREEMENT
NOW, THEREFORE, in consideration of the facts recited above and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. · Establishment of Escrow. The Applicants hereby escrow with the City the sum of $4,000
(the "Funds"), to be held pursuant to the terms of this Agreement. The Funds must be deposited
by the Applicants in cash.
2. Completion of Work by the Applicants. The Applicants agree to construct improvements
as shown on the Plans. The Impervious Areas must be removed and revegetated by May 31,
2009 unless the City has granted a variance. If the Applicants do notremove and revegetate the
Imprevious Area, in the event a variance has not been approved, by May 31, 2009, the City may
draw down the escrowed funds and the City and it's contractor's may enter the property and do
the work.
3. Return of Funds to the AJ2RJicants. Unless the City has drawl1 down the escrowed funds
as provided herein the Funds shall be returned to the Applicants, without interest, when the
Impervious Areas are removed and revegetated. In the event that the Variance is granted, the
Funds shall be returned to the Applicants.
6. . Amendment of Escrow. No rescission or modification to this escrow agreement shall be
effective without written consent of the City and the Applicants.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
PROPERTY OWNERS:
~
Mark Ambrosen
2I11::-~
ST ATE OF MINNESOTA)
( S8.
COUNTY OF CARVER )
. Tpe foregoing instrument was acknowledged before me this ~ day of
NbVCVV\.Y.)t,y , 2008, by Mark Ambrosen and Ann Senn.
If"
a=~~~f'<~
. Myr..nfllln"txrnB~.31.2012~'
. ;..~-
By
Not
My
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
November 20, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for the AmbrosenlSenn Variance - Planning Case 08-24 to the persons named on
attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner,
and depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this)~ day of ~N()veYV\~ 2008.
.
~ ..
\JW\ \. . . ~"t--
. ~ ~blic
.{a. KIM T. MEUWISSEN I
Notary Public-Minnesota
,. My Commission Expires Jan 31,2010
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,
THOMAS & MARY MANN
7211 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 -9668
GARY THOMAS & DIANE E COBB
3859 RED CEDAR POINT DR
EXCELSIOR, MN 55331 -7766
PETER M & CARLA M BENJAMIN
7231 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 -9668
TIMOTHY J & LAURIE A JENZER
3920 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9629
JASON E & CARRIE S LANDSTROM
7301 MINNEWASHTA PKY
EXCELSIOR, MN 55331 -9670
JOANN J HALLGREN
3921 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9629
TERRY D & CARRIE B CARNS
3911 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9629
ROBBY 0 & SUSAN E SEGAL
3901 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9629
CHARLIE S SCIMECA
3900 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9629
THOMAS L & SANDRA M GIESEN
3930 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9629
FRANCES T BORCHART
7331 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 -9670
CRAIG D & JANIE S NORBY
7351 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 -9670
THOMAS P MANN
7211 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 -9668
PETER J SCHISSEL
3851 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7766
KEVIN M CLARK
3841 RED CEDAR POINT DR
EXCELSIOR, MN 55331 -7766
JIM P & SUSAN M GULSTRAND
3831 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7766
MICHAEL 0 & CYNTHIA H WENNER
3801 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7766
HEIDI ANN MARX
3755 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -9676
JASON A JERNELL
3821 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7766
TAB B & KAY M ERICKSON
3720 SOUTH CEDAR DR
EXCELSIOR, MN 55331 -9687
GERALD & MELANIE KELLY
3841 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9602
BRADLEY D & BONNIE J STRAKA
3881 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9602
RUSSELL C & KRISTI M LEUTHOLD
3861 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9602
DAVID & BARBARA A SCOULER
3890 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9602
DEAN J & JILL R BARTA
3837 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7766
ROBERT C & ANN OSBORNE
3815 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7766
MARK E AMBROSEN &
ANN C SENN
3830 MAPLE SHORES DR
EXCELSIOR, MN 55331 -9602
WILLIAM R HAUGH
3727 SOUTH CEDAR DR
EXCELSIOR, MN 55331 -9688
JAMES P & SUSAN S ROSS
3725 SOUTH CEDAR DR
EXCELSIOR, MN 55331 -9688
CAROLYN A BARINSKY
3719 SOUTH CEDAR DR
EXCELSIOR, MN 55331 -9688
KENT J & JULIE A FORSS
3850 MAPLE SHORES DR
EXCELSIOR. MN 55331 -9602
JOSEPH H & GEORGIA G KANDIKO
3870 MAPLE SHORES DR
EXCELSIOR. MN 55331 -9602
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RECEIVED
NOV 0 i 2008
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