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1 Variance 6371 Near Mountain B CiTY OF STAFF REPORT BOA DATE: 8/19/97 CCDATE: CASE #: 97-9 VAR By: Kirchoff:v PROPOSAL: LOCATION: APPLICANT: A request for a (1) one foot variance from the (22) rwen,qy-~,o foot front yard setback. 6371 Near Mountain Boulevard (Lot 2, Block 4, Chestnut Ridge at Near Mountain 5th Addition) Mark and Susan Brady 6371 Near Mountain Boulevard Chanhassen, ~ 55317 (470-6197) Ld PRESENT ZONING: ACREAGE: DENSITY' ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: PUq3 -R, Planned Unit Development, Residential. 15,600 sq. fi. (Approx..35 of an acre) N/A N' S: E: W: City of Shorewood RSF, Residential Single Family District City of Eden Prairie RSF, Residential Single Family District Available to the site This site contains an existing home. Low Density Residential OOT. o o o o o o 00~ o o ~ ~ ~!ii 00~ ..... ~ .... ~.~ 00~ OOL OO8 006 ~ ~ 0 0 0 0 0 0 0 0 0 C) 0 0 [.... O0 0'~ 0 ~ o B~,ady Variance A~tgust 19, 1997 P~ige 2 A~PLICABLE REGULATIONS S~ction 20-506, states that, in planned unit developments, the minimum front yard setback is thirty (30) feet, however, a minimum of twenty (20) feet may maintained if it demonstrated that entvironmental protection will be enhanced. Section, 20-908, states that open porches may not encroach into a required yard a distance exceeding three (3) feet (Attachment 2). BACKGROUND Chestnut Ridge at Near Mountain was developed by Lundgren Bros. as a part of a larger planned unit development (PUD) in the 1980s. Being developed as a PUD allowed for flexibility in setbacks. This subdivision contains three types of single-family residential lots, based on lot area. Type A must maintain a 30 foot front yard setback and Type B and C are allowed a 25 foot setback. The subject property is located in Type B, therefore, the front yard setback is only 27 feet. The lot is approximately 95 feet in width and 275 feet in depth. A,NALYSIS The applicant is proposing to construct a front porch which measures 6 feet in depth and 38 feet in width (228 sq. ft.). The residence is constructed 27 feet from the property line which abuts Near Mountain Boulevard, when the PUD would have allowed it to be built at 25 feet. In addition, Section 20-908 of the City Code states that an open porch may project 3 feet into a required setback, hence, 5 feet is available to build a porch and only a 1 foot variance is requested. The porch will add architectural interest to the home which is a positive thing, however, it will protrude further into the setback than the adjacent homes. This may create a new setback for the neighborhood or at the very least Near Mountain Boulevard. This notion may seem rigid, but according to the City Code, a variance should only be granted when a hardship exists (Section 20-58). The applicant did state that the porch would serve to protect the steps from the elements. Certainly other options exist to ensure the safety of this entrance. A simple covered stoop, for instance, would suffice. This would still add architectural interest to the home. Although the variance request is minimal, staff believes that a hardship does not exist. It is the opinion of staff that the applicant does have the right to ensure the safety of the front entrance and add architectural interest to their home, so if the Board feels as though an additional foot is required, relief should be given from the ordinance. Brady Variance August 19, 1997 Page 3 FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward fro:n them meet this criteria. Finding: The applicant has not demonstrated a hardship that would warrant the granting of this variance. The property has been put to reasonable use as a single family home and attached garage exists on this site. In addition, the applicant does have a reasonable opportunity to construct a feature (limited to 5 feet) to protect the front steps from snow and ice. bo 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 condition upon which the application is based is applicable to many properties within the RSF - Residential Single Family District. That is, many properties experience the need to protect entrances from the elements, however, most do so within the required setbacks. Co The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: Although the applicant did state in the attached letter that the proposed porch will add to the value of the home, staff does not believe that this is the primary intention of the application. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that the hardship is not self-created. The proposal attempts to protect the entrance from the elements as well as add to the architectural interest of the residence. 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. Brady Variance Atlgust 19, 1997 P~ge4 f. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other improvements in the neighborhood. 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 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 the neighborhood. R~, COMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals denies the request for a 1 foot variance from the 22 foot front yard setback for the construction of a 6 foot by 38 foot open porch based upon the findings presented in the staff report and the following: , The applicant has not demonstrated a hardship that would warrant the granting of a variance. 2. The applicant has a reasonable use of the property. o The applicant has an opportunity to construct a feature to protect the front entrance within the requirements of the ordinance. Should the Board of Adjustments and Appeals grant variance 97-9, the following condition will aPPly: 1. The porch shall never be enclosed. AJTACHMENTS 1. Application 2. Section 20-908, Yard Regulations 3. Site Plan 4. Property Owners APPLICANT: ADDRESS: TELEPHONE (Day time) CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION CITY OF CHANHASSEN RECEIVED JUL 2 3 1997 CHANHASSEN r'L~[~l~lt~d 0EPT OWNER: ADDRESS: TELEPHONE' Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* t Subdivision* 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** ($50 C U P/S P R/VAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies 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. I~IAME LOCATION LEGAL DESCRIPTION TOTAL ACF~EAGE WETLAND~ PRESENT PRESEI'~I' ZONING REQUESTED ZONING PRESENT t.~,ND USE DESIGNATION YES NO REQUESTED LAND USE DESIGNATION REASON F~R THIS REQUEST 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 ipartment to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. Thi~ is to certify that ! 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 applica!ion should be processed in my name and I am the party whom the City sho[jld 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. ! 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 authorizatiorl to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirementS and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension far development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. SignatUre of;~Applic?~...~ '~. lication Beceived on Paid Date ?? Date Receipt No. The app]icant 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, C:tv OF CHANHASSEN / ZONING § 20-908 increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district. (Ord. No. 80, Art. VI, § 10, 12-15-86) Sec. 20-908. Yard regulations. The foUowing requirements qualify or supplement district regulations. Yard measure- ments shall be taken from the nearest point ofthe wall of a building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (2) A yard, court, or other open space of one (1) building used to comply with the provi- sions of this chapter shall not again be used as a yard, court, or other open space for another building. (3) Except as provided in the business, industrial, and o~ce districts, the front yard setback requirements shall be observed on each street side of a corner lot; provided, however, that the remaining two (2) yards will meet the side yard setbacks. (4) On double frontage lots, the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street. (5) The following shall not be considered to be obstructions: a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features-may project a distance not exceeding two (2) feet, six (6) inches; fire escapes may project a distance not exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may_p~o_ject a distance not exceeding three (3)_ feet; unenclosed decks and patios may project a distance not exceeding five (5) feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an inte- rior lot line, subject to the limitations cited above. c. Porches that encroach into the required front yard and which were in existence on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard. d. Subject to the setback requirements in section 20-904, the' following are per- mitted in the rear yard: enclosed or open off-street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and one- stow bay windows may project into the rear yard a distance not to exceed five (5) feet. Supp. No. 6 1233 CiTY OF CHANHASSEN Denotes I: on Monumeni XO00.O Denotes Existing Elevation Proposed Top of Foundation Elevation =c)3b./f 1000.01 Denotes Proposed Elevation Proposed Garage Floor Elevatiod = Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation = hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 2, Block 4, CHESTNUT RIDGE AT NEAR HOUNTAIN 5TH ADDITION, Carver CounLy, Hinnesota SATHRE-BERGQUIST, INC. '~ J~.~t WAYZATA ILVO. $ WAYZATA, MN. ~5~19 ' ~ll[ ~, CERTIFICATE OF SURVEY for I I' I I"1 r' O [' I,. t nf)~q F'F~I.I q TO I IF'T I rlhl J J, jr' And of the location of all buildings, if any, thereon, and all visible encroachments, if anyl from or on said land. As surveyed by me thislStl~ day of Hay 19 86 . //// Tl~onlas S. Berflqulst Registered Land Surveyor, Minn. Lic. No. 7725 ...... ~ .--'.-: .... s.-~a!-ua3 ,,9 [ uo 0 [':;": SO'dY08 )..IOitCI C]O0,,V',CI].i~,.t ,.tilill.! Iii[ :,I .I ~'~:~.,[.1. i'." J q · H3~Od .L N 0,.'1t. :1 i 0 /',Al .3 A I,; ',/'i ,y C .9 ,,'~.ggrg 'NH N3SSYHI',tYHO 'CJA"18 'N.LI, d ~iY::]N l Z_g'9 ~3 ~()i,llHS J_qVHo'"'-".:,'.::~ (]NV J_ ,3J HIIM OOOMAqc , .'IZ.' <r.' ..._T7 NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS Tuesday, August 19, 1997 at 6:00 p.m. City Hall Council Chambers 690 Coulter Drive PROJECT: Variance from the Front Yard Setback DEVELOPER: LOCATION: Mark Brady 6371 Near Mountain Blvd. NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicant, Mark Brady, is requesting a 1 foot variance from the 22 foot front yard setback for the construction of a porch on property zoned PUD and located at 6371 Near Mountain Blvd. 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. The applicant has the right to appeal the Board's decision in writing within four days to the City Council. 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 Board of Adjustments. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 1997. iRLY' A Ti rent Resioent EASAN~VIEW RD CHANHASSEN,iMN 55317 ARNOLD E & MARIE C SCHROEDER or Current Resi -.oont 6430 PLEASAN'" VIEW LN CHANHASSEN ~ ,!MN 55317 R V & MARGAFI?T A NELSON or Current ResiCOnt 135 PLEASANTiVIEW RD CHANHASSEN,~MN 55317 i CARL F & MAR(~ARET A MCNUTT or Current Resic~ent 185 PLEASANT!VIEW RD CHANHASSEN.!MN 55317 DAFICY & JANE WESTLIND or Current Resident 6211 CASCADE PASS CHANHASSEN, MN 55317 DOUGLAS H & MARIE E OUSDIGIAN or Current Resident 6213 CASCADE PASS CHANHASSEN, MN 55317 ANTOINETTE R PAWLEY or Current Resident 6215 CASCADE PASS CHANHASSEN, MN 55317 DAVID W & DIANE S HEISS or Current Resident 6217 CASCADE PASS CHANHASSEN MN 55317 GEORGIANNA VARGA or Current Resident 6220 CASCADE PASS CHANHASSEN, MN 55317 MARK E & MARIAN K HEINEMANN or Current Resident 6222 CASCADE PASS CHANHASSEN, MN 55317 DONALD J & CHRISTINE A SNEDE or Current Resident 6224 CASCADE PASS CHANHASSEN, MN 55317 DEBRA K HARVEY or Current Resident 6226 CASCADE PASS CHANHASSEN, MN 55317 LARRY A & GAIL M BEUNING or Current Resident 120 SHASTA CIR W ~HASSEN,!MN 55317 MARK E & DIANE A RUGLAND or Current Resident 6219 CASCADE PASS CHANHASSEN MN 55317 JEFFREY G WILLIAMS or Current Resident 6228 CASCADE PASS CHANHASSEN MN 55317 LEONARD F & I~OSEMARY MARQUART or Current Resident 101 CASTLE RIDGE CT CHANHASSEN, MN 55317 GREGORY J & ALISON S GOWAN or Current Resident 6221 CASCADE PASS CHANHASSEN. MN 55317 STEVEN LI & LINDA J MARGL o[ Current Resident 6230 CASCADE PASS CHANHASSEN MN 55317 MICHAEL P & J&MIE L MANNING or Current Resident 99 CASTLE RIB!GE CT CHANHASSEN,:MN 55317 THOMAS A & ELAINE G OFTEDAL or Current Resiclent 97 CASTLE RIDGE CT CHANHASSEN,~MN 55317 BRUCE A & JUI~IE ANN MAYER or Current Resident 96 CASTLE RISE CT CHANHASSEN,. MN 55317 JANE E SMALKOSKI or Current Resident 6223 CASCADE PASS CHANHASSEN MN 55317 STEVEN J & NANCY S FAY or Current Resident 6214 CASCADE PASS CHANHASSEN MN 55317 KIRK H & RENEE M OLSSON or Current Resident 6216 CASCADE PASS CHANHASSEN MN 55317 PRABHU S SATHYAMURTHY & or Current Resident 6232 CASCADE PASS CHANHASSEN MN 55317 D ERIC & DEBORAH CAMPBELL or Current Resident 6340 CASTLE RIDGE CT CHANHASSEN MN 55317 MICHAEL R & JANICE M MOSTROM or Current Resident 183 CASCADE CT CHANHASSEN MN 55317 THOMAS K & OAROLYN J FISCHER or Current Resident 98 CASTLE RI,DOE CT CHANHASSEN,. MN 55317 A DANIEL RYDLAND JR & or Current Resident 6218 CASCADE PASS CHANHASSEN MN 55317 HOWARD I & ANDREA L YESNES or Current Resident 6400 NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 WILHELMINE M SEBEK GALLAGHER & or Current Resident 6390 NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 DAVID M & DIANE M WHITMAN or Current Resident 6380 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 MARGARET A WEIGEL or Current Resident 6370 NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 SCO-I-I- D & SUZANNE M GRIEGER or Current Resident 6360 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 PETER J & KATHLEEN L WHATLEY or Current Resident 201 MOUNTAIN WAY CHANHASSEN MN 55317 BARRY W & KATHERINE A JOHNSON or Current Resident 6300 NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 MICHAEL T & KATHLEEN R MAHON or Current Resident 280 MOUNTAIN VIEW CT CHANHASSEN, MN 55317 JOHN M & CYNTHIA L PUGH or Current Resident 260 MOUNTAIN VIEW CT CHANHASSEN, MN 55317 RONALD J & LORI L COLEMAN or Current Resident 241 MOUNTAIN VIEW CT CHANHASSEN, MN 55317 WILLIAM SCOTT BAUER & or Current Resident 221 MOUNTAIN VIEW CT CHANHASSEN, MN 55317 JOHN J & ELIZABETH R REAGAN or Current Resident 201 MOUNTAIN VIEW CT CHANHASSEN, MN 55317 NILES P & DEBRA J ROGERS or Current Resident 6330 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 DAVID R & JANET L HACKNEY or Current Resident 200 MOUNTAIN WAY CHANHASSEN, MN 55317 ROBERT D & JANICE G SCHULTE or Current Resident 6391 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 MARK F & SUSAN R BRADY or Current Resident 6371 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 GEORGE A & SANDRA A KAUFMAN or Current Resident 6351 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 JOHN E & ANNA E SEIFERT or Current Resident 6331 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 WAYNE K BENBOW & or Current Resident 6311 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 JEAN H WALKER or Current Resident 6301 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 GREGORY & KIMBERLY THOMPSON or Current Resident 6291 NEAR MOUNTAIN BLVD CHANHASSEN, MN 55317 CITY OF CHANHASSEN or Current Resident~' 69O COULT~~ CHAhJNA'SSEN, MN 55317 KENNETH P PEYER or Current Resident 221 PIEDMONT CT CHANHASSEN, MN 55317 CHRISTOPHER & MARGARET COLLIER or Current Resident 210 PIEDMONT CT CHANHASSEN, MN 55317 JOHN H & BRENDA L LEARY or Current Resident 628i NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 MICHAEL & ELAINE ANDERSON or Current Resident 250 MOUNTAIN WAY CHANHASSEN, MN 55317 JEFFREY T JOHNSON & or Current Resident 240 MOUNTAIN WAY CHANHASSEN, MN 55317 KARL J & KAREN M BICKLER or Current Resident 230 MOUNTAIN WAY CHANHASSEN, MN 55317 JOSEPH C & KAREN A CASEY or Current Resident 220 MOUNTAIN WAY CHANHASSEN, MN 55317 BRUCE C & MARTHA S SCHULTZ or Current Resident 210 MOUNTAIN WAY CHANHASSEN, MN 55317 CHARLES B & DEANNA L BAUER or Current Resident 241 MOUNTAIN WAY CHANHASSEN, MN 55317 NT P & CHRISTINE L GRAHAM trent Resident INTAIN WAY CHANHASSEN, ~N 55317 , ROSALIND J NI~E or Current Resident 221 MOUNTAINiWAY CHANHASSEN, .IVIN 55317 JOHN J & CARQLY M KADLEC or Current Resident 211 MOUNTAINiWAY CHANHASSEN, MN 55317 : MICHAEL G & DIANN M TAYLOR or Current Resident 130 SHASTA CIR W CHANHASSEN, MN 55317 CARLTON B MOORE or Current Resident HASTA CIR W HASSEN, MN 55317 DAVID J & CAROLINE A HANSON or Current Resident 111 SHASTA CIR W CHANHASSEN, MN 55317 KEVIN B & TONI P DAUWALTER or Current Resident 6300 CASTLE RIDG CHANHASSEN, MN 55317 DONALD C & M/kRY ANNE YEAGER or Current Resident 6310 CASTLE RDG CHANHASSEN, MN 55317 MARK L & NANCY A MYHRE or Current Resident 6320 CASTLE RDG CHANHASSEN, MN 55317 SCOTT J STALl'MAN & or Current Resident 6225 CASCADE CASS CHANHASSEN, MN 55317 SAMUEL R JR & KATHLEEN ERWIN or Current Resident 6400 PLEASANT PARK DR CHANHASSEN, MN 55317 KATHERINE A BERDAHL or Current Resident 6411 PLEASANT PARK DR CHANHASSEN, MN 55317 MICHAEL R & DORIS ANDERSON or Current Resident 205 PLEASANT VIEW RD CHANHASSEN, MN 55317 RANDY R & JANA L MAGNUSON or Current Resident 250 TRAPPERS PASS CHANHASSEN, MN 55317