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3. Nowling Variance Appeal0 CITY OF CAANAASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 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 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DATE: November 14, 2011 ) �Zl SUBJ: Nowling Setback Variance Planning Case #2011 -10 PROPOSED MOTION: "The Chanhassen City Council approves Planning Case #2011 -10 for the construction of a single - family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." Approval requires a majority of City Council present. EXECUTIVE SUMMARY The applicant is requesting the following variances for the construction of a single - family home on a non - conforming lot of record zoned Single - Family Residential District (RSF): Planning Commission Update • West front yard setback along Yuma: 12 -foot variance (I8 -foot setback) • East front yard setback along Ringo: 21 -foot variance (9 -foot setback) A public hearing was held at the October 18, 2011, Planning Commission meeting for this item. The Planning Commission voted 6 to 0 to approve the variance request. While no one spoke during the Public Hearing, staff heard after the meeting that the neighbors did not feel they had an opportunity to speak. Therefore, a neighbor is appealing the decision of the Planning Commission to the City Council. The City Council's decision requires a majority of members present. The Planning Commission did not find any objection to staff's recommendation for the Senior Center variance request. Staff is recommending adding to condition 3b; clarifying that the Phone: 952.227.1125 applicant shall submit the easement description, as shown in bold in the staff report. Fax: 952.227.1110 Web Site The Planning Commission minutes for this variance request are included in item 1 a of www.ci.chanhassen.mn.us the City Council Packet. 3 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Nowling Variance Request November 14, 2011 Page 2 RECOMMENDATION Staff and the Planning Commission recommend the following motion: "The Chanhassen City Council approves Planning Case #2011 -10 for the construction of a single - family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." ATTACHMENTS 1. Variance Appeal email from Bob Moore dated October 20, 2011. 2. Findings of Fact and Decision. 3. 60 -day Development Review Deadline extension letter dated October 24, 2011. 4. Planning Commission Staff Report Dated October 18, 2011. gAplan\2011 planning cases \11 -10 nowling variance -6829 yuma drive \11 -14 -11 executive summary.doc Kairies, Angie From: AI -Jaff, Sharmeen Sent: Friday, October 21, 2011 9:51 AM To: Aanenson, Kate; Kairies, Angie; Fauske, Alyson; Meuwissen, Kim; Jeffery, Terry Subject: FW: Appeal of variance for 6829 Yuma Drive Hi everyone, Not sure why this was sent to me. Maybe you all got it too. Sincerely Sharmeen AI-Jaff Senior Planner W952-227-1134 From: Bob Moore [mailto:bmoore @iaxs.net] Sent: Thursday, October 20, 20118:15 PM To: AI -Jaff, Sharmeen Subject: Appeal of variance for 6829 Yuma Drive I would like to appeal to decision of the planning commission for the variance to construct a house at 6829 Yuma Drive to the city council. Bob Moore, 6839 Yuma Drive. Thank you. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Tricia and Peter Nowling for a 12 -foot front yard setback from the west property line and a 21 -foot front yard setback from the east property line for the construction of a single - family home on a non - conforming lot of record zoned Single - Family Residential (RSF) Planning Case #2011 -10. On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Board conducted a public hearing on the proposed variance preceded by published and mailed notice. On November 14, 2011, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed variance due to an appeal of the Board of Adjustment and Appeals decision. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single - Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lots 1899 -1901, 1913 & 1914, Carver Beach. 4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a Single - Family home is in harmony with the general purpose and intent of this Chapter and is consistent with the comprehensive plan. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single - Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. Construction of a single - family home is the primary use in the RSF district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The site is an 8, 936 square -foot trapezoid. The subject site has street frontage on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating three "front yards ". The required front yard setback is 30 feet. With a 30- foot setback from three property lines, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single- family home, (Section 20 -905) is virtually impossible to locate on the site without variances. In addition to the limited buildable area, there is an existing 12 -inch culvert that discharges stormwater under the right -of -way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30 -foot front yard setbacks cannot be met and still allow the construction of a single - family home. Based upon the above mentioned facts, there are practical difficulties in complying with setback requirements. The construction of a single - family home with variances from the required setbacks is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single - family home on a non - conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The subject site is a non - conforming lot of record platted in 1927 and predates the adoption of the zoning ordinance. It does not comply with the minimum lot standards in the RSF district. The unique location, size and shape of the site and the need to accommodate stormwater drainage on the southern portion of the property limits the ability to construct a home on the site without variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the proposed variance request will not alter the essential character of the locality or neighborhood, as the Carver Beach subdivision is a residential district. Many parcels in this development are non - conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. N 5. The planning report #11-10, dated October 18, 2011, prepared by Angie Kairies, et al, is incorporated herein. DECISION The City Council approves planning Case 2011 -10 for a 12 -foot front yard setback from the west property line (Yuma Drive) and a 21 -foot front yard setback from the east property line (Ringo Drive) for the construction of a single - family home on a non - conforming lot of record zoned Single - Family Residential (RSF), subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2 -1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. i. The grading must also allow for continued drainage from east to west across the adjoining property to the south. ADOPTED by the Chanhassen City Council this 14 day of November, 2011. CITY OF CHANHASSEN BY: Mayor 3 0 CITY OF CNANBASSEN 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 7901 Park Place 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 October 24, 2011 Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 Dear Mr. and Mrs. Nowling: Due to the Appeal of the Planning Commission's decision to the City Council, which is scheduled for November 14, 2011, the city will be unable to complete the review within 60 days of the original submittal (November 1, 2011). This letter is to formally notify you that the City is taking the additional 60 -day extension to process this request as permitted under Minnesota Statute 15.99. Should you have any questions, please feel free to contact me at (952) 227 -1132. Sincerely, A_ e; Angie Kairies Planner AK:ktm g: \plan\2011 planning cases \11 -10 nowling variance -6829 yuma drive \extension letter.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow PC DATE: 10/18/11 CC DATE: 11/14/11 REVIEW DEADLINE: Waived 60 -day CASE #: 2011 -10 BY: AK, AF, JM, TJ PROPOSED MOTION: "The Chanhassen City Council Plafming Ce i ' , e f Appeals s an Adjustments approves Planning Case #2011 -10 for the construction of a single - family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." CITY OF CHANHASSEN PROPOSAL: The applicant is requesting the following variances for the construction of a single - family home on a non - conforming lot of record zoned Single Family Residential District (RSF): • West front yard setback along Yuma: 12 -foot variance (18 -foot setback) • East front yard setback along Ringo: 21 -foot variance (9 -foot setback) (All proposed setbacks are measured from the 24 -inch eaves of the structure). LOCATION: 6829 Yuma Drive Lots 1899 -1901, 1913 & 1914, Carver Beach APPLICANT: Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 PRESENT ZONING: Single - Family Residential (RSF) 2030 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .2 acres (8,936 sq. ft.) DENSITY: N/A 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. SUMMARY OF PROPOSAL The subject site is located in the Carver Beach Subdivision and is zoned Single - Family Residential (RSF). The site is a non - conforming lot of record with an area of 8,936 square feet versus the minimum 15,000 square feet for a new lot in the RSF district. Nowling Variance Planning Case #2011 -10 Oeteber -2 2 011 November 14, 2011 Page 2 of 7 The subject site has street frontage on three sides of the property, Yuma Drive, Cree Drive and Ringo Drive; thus creating three "front yards ". The required front yard setback is 30 feet. m. JY r With a 30 -foot setback from three property lines, the buildable area of the site is a 1,024 square - foot triangle. The applicant's original request was for one setback variance from Ringo Drive with the same house footprint; all other setbacks and hard surface coverage requirements would be met. During a site visit, it came to staff's attention that there is an existing 12 -inch culvert that discharges stormwater under the right -of -way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. The original location of the house was directly over this drainage area. It was at that time that staff advised the applicant to relocate the house toward the north property line to ensure the drainage was accommodated when locating the house. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30 -foot front yard setbacks cannot be met and still allow the construction of a single - family home. Therefore, the applicant is requesting two front yard setback variances (as measured from the eaves of the proposed structure): • A 12 -foot front yard setback variance (18 -foot setback) from the minimum 30 -foot front yard setback along Yuma Drive. The footprint of the structure will be located 20 feet from Nowling Variance Planning Case #2011 -10 Oc4eber 18, 2 011 November 14, 2011 Page 3 of 7 the property line, which is adequate space to park a vehicle on the driveway and maintain a 10% driveway slope. • A 21 -foot front yard setback variance (9 -foot setback) from the minimum 30 -foot front yard setback along Ringo Drive. The 40 -foot wide right -of -way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right -of- way is not a public street. Providing an 11 -foot setback between the footprint of the structure and the east property line will allow for adequate snow storage. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed two feet from the eaves. Staff is recommending approval of this variance request based on the fact that the site is a non - conforming lot of record the unique size and shape of the site and the need to accommodate stormwater drainage of the southern portion of the property. APPLICABLE REGUATIONS Chapter 20, Article Il, Division 3. Variances Chapter 20, Article II, Division 4. Section 20 -73. Non - conforming lots of record. Chapter 20, Article XII. Single - Family Residential (RSF) District. Chapter 20, Article. XXIII, Division 1. Sec. 20 -905. Single Family Dwellings Chapter 20, Article XXIII, Division 1. Sec. 20 -908. Yard Regulations. BACKGROUND The subject property was platted as part of the Carver Beach Subdivision which was recorded in 1927. The subject site is a non - conforming lot of record and does not meet minimum lot requirements. The parcel consists of lots 1899 through 1901, lots 1913 and 1914, Carver Beach. I " 1 a • • ar tf I E 433 ZO c l Ml�t:u►'.9�r.1 �opp 1°` t �� 14o_7sssalN �} �lve` CO aEC�f436 z09 � aQ � lO i vo l -. 1 O 0 I a0 aO E q � iO) A,Of.t7' .._...... .•� 4 _ es N N N N N I N I NI 1IC�f....�._.�..., . •� 0 MlM•M,:MIM:M�M�M;IE1,M1 +..f409 V d .� �.ld �ial� 1437__ 'Z ! .I» lr� ^! j 1 ^I 1399 X� _ -i i�� 14381 2 ' » } • °t 1400 r o - 80 ,fs t 439 20 .. 1 .• .. _ .. i .. .. .. E 1 I oE s lb 36 e: . �y' at'/ � v:,o� � n '•��d'4S:`�i�,� Q`r ! � : � ( 1 i E E r t � 1(0'39 � •4 N � '�' ! • �rf a � f 9' .2..i�� . �.. ' t " • t /N . 1660 -, z 1 ,� �i: 29. 7! .�� 0� — 3l r _ 47Z•333 t9� -- ;FrtgoC, 50 5! _ I 1 +_� ` f 1890 2Z_. -�_9 0 \ \ q�{1od , \ S3 � v .al.o .o(l.ol•st�( Inf Er.717� �e - -'� -!' 6 '0 w eo'•n � poi ao ` ao �� ro ao w ao'o '. Nowling Variance Planning Case #2011 -10 oeteber -18, 2011 November 14, 2011 Page 4of7 Due to the fact that the Carver Beach subdivision predates the adoption of the zoning ordinance in 1972, many parcels in this development are non - conforming lots of record and may require a variance to update or construct homes. ANALYSIS The subject site is a non - conforming lot of record platted in the early 1900s and does not comply with many of the RSF zoning district standards which were established in 1972. The subject site is a trapezoid with an area of 8,936 square feet. The minimum lot size in the RSF zoning district is 15,000 square feet. In addition to the lot area not meeting the district requirements, the site has an average 68.5 -foot lot width, which does not meet the minimum 90 -foot lot width requirement. The required 30- foot front yard and 10 -foot side yard requirements further limit the buildable area of the site. To comply with all of the required setbacks, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single - family home, (Section 20 -905) is virtually impossible to locate on the site without City Code requires that a (30' x 30') rambler have a minimum floor area of 900 square feet and a two -story have a minimum of 600 square feet on the first level. In addition to the minimum floor area, the City Code also requires the site to have a two -car garage. An average size garage is 22'x 22' (484 square feet). The proposed house is 1,248 square feet with a 517 square -foot attached garage. The proposed house complies with the 25% maximum hard surface coverage requirement in the RSF district. Nowling Variance Planning Case #2011 -10 oeteber- 18, 2011 November 14, 2011 Page 5 of 7 CRES D)?IVE - i 1 hyd % FAST Proposed 18' setback (includes 2' eaves) VA c w r 951i'.a ,.ao {� �t al e'wA I Proposed 9' setback (includes 2' eaves) d V Drainage swale and Easement located along j southern portion of property ~, ` t. � `~ invert of the DRAINAGE There is a 12 -inch corrugated metal pipe that discharges stormwater under the right -of -way for Ringo Drive and across approximately the southern one -third of the subject property. This drainage is then conveyed through a channel approximately 0.5 foot deep to the southwest property corner where it then flows south down Yuma Drive. Under existing conditions, 0.82 acre of land is tributary to this culvert — primarily from the northeast. An additional 0.33 acre of land will drain to the proposed swale for a total of 1.15 acres of land flows to the southeast corner of this lot onto Yuma Drive. Because this is a legal lot of record, the property owners must be allowed a reasonable use of the property. However in doing so, the location of the proposed house and the existing drainage must be considered concurrently so as not to cause damage to adjacent properties. To determine the characteristics of the drainage on the site as it relates to the development of this parcel, the hydrology and hydraulics were evaluated. Based on this evaluation, it was modeled that during a 100 -year, 24 -hour rain event, the culvert will discharge at a rate of 3.2 cubic feet per second (cfs). A swale, constructed with a four (4) Nowling Variance Planning Case #2011 -10 Weber 82011 November 14, 2011 Page 6 of 7 foot wide bottom and 1:4 side slopes, will have a flow depth of just less than one - quarter foot in depth (0.23 ft) during a 6 -inch rain event. The applicant is required to provide three (3) feet of separation between the low building elevation and the high water level. Further, they need to construct a berm south of the swale to protect the neighboring property. Based upon the topographic survey and the grading plan they provided it is apparent that they will be able to meet these requirements, but at this time adjustments to the current plan as submitted are required prior to issuing a Building Permit. In order to assure that the conveyance remains in perpetuity, a drainage and utility easement will be required over the swale. The exact location and dimensions of this easement remain to be determined and shall, at a minimum, include the high water level and adequate width to allow equipment into the channel to perform routine maintenance. RIGHT -OF -WAY The 40 -foot wide right -of -way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right -of -way is not a public street. There are no plans to construct a public street at this time. A new, standard residential street is 31 feet wide from back -of -curb to back -of -curb within a 60- foot wide right -of -way. If a public street is constructed in the future, the street width will be determined at that time. TREE PRESERVATION The proposed site is heavily wooded. It is the policy of the city to preserve natural woodland areas throughout the city and, with respect to specific site development to retain, as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. No clear cutting of woodland areas shall be permitted, unless it is part of an approved subdivision, planned unit development or site plan application. Clear cutting would result in a variance request. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. RECOMMENDATION Staff and the ,. ee fi .w ends that. the Planning Commission recommend that the Chanhassen City Council adopts the following motion and the adoption of the attached Findings of Fact and Decision: "The Chanhassen City Council Plaming Gew. as the Board ef Appeals a Adjustme approves Planning Case #2011 -10 for a 12 -foot front yard setback from the west property line and a 21 -foot front yard setback from the east property line for the construction of a single - family home and adoption of the findings of fact and action, subject to the following conditions: Nowling Variance Planning Case #2011 -10 Oeteber- 18201 -1 November 14, 2011 Page 7 of 7 1. Building Official Conditions a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions a. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. b. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. c. The application shall plant two overstory, deciduous, 2 -1/2" diameter trees. 3. Water Resource Coordinator Conditions a. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. b. A drainage and utility easement shall be required over the conveyance system. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. c. The grading must also allow for continued drainage from east to west across the adjoining property to the south. ATTACHMENTS 1. Findings of Fact. 2. Letter from applicant waiving 60 -day review period. 3. Development Review Application. 4. Registered Land Survey. 5. Public Hearing Notice and Affidavit of Mailing List. GAPLAN\2011 Planning Cases \11 -10 Nowling Variance -6829 Yuma Drive\PC Staff Report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Tricia and Peter Nowling for a 12 -foot front yard setback from the west property line and a 21 -foot front yard setback from the east property line for the construction of a single - family home on a non - conforming lot of record zoned Single - Family Residential (RSF) — Planning Case #2011 -10. On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Board conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single - Family Residential (RSF) 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lots 1899 -1901, 1913 & 1914, Carver Beach. 4. Variance Findinjs — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a Single - Family home is in harmony with the general purpose and intent of this Chapter and is consistent with the comprehensive plan. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single- Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. Construction of a single- family home is the primary use in the RSF district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The site is an 8, 936 square -foot trapezoid. The subject site has street frontage on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating three "front yards ". The required front yard setback is 30 feet. With a 30- foot setback from three property lines, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single - family home, (Section 20 -905) is virtually impossible to locate on the site without variances. In addition to the limited buildable area, there is an existing 12 -inch culvert that discharges stormwater under the right -of -way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30 -foot front yard setbacks cannot be met and still allow the construction of a single - family home. Based upon the above mentioned facts, there are practical difficulties in complying with setback requirements. The construction of a single - family home with variances from the required setbacks is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single - family home on a non - conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The subject site is a non - conforming lot of record platted in 1927 and predates the adoption of the zoning ordinance. It does not comply with the minimum lot standards in the RSF district. The unique location, size and shape of the site and the need to accommodate stormwater drainage on the southern portion of the property limits the ability to construct a home on the site without variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the proposed variance request will not alter the essential character of the locality or neighborhood, as the Carver Beach subdivision is a residential district. Many parcels in this development are non - conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #11-10, dated October 18, 2011, prepared by Angie Kairies, et al, is incorporated herein. 2 DECISION The Board of Appeals and Adjustments approves planning Case 2011 -10 for a 12 -foot front yard setback from the west property line (Yuma Drive) and a 21 -foot front yard setback from the east property line (Ringo Drive) for the construction of a single - family home on a non- conforming lot of record zoned Single - Family Residential (RSF), subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2 -1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. i. The grading must also allow for continued drainage from east to west across the adjoining property t j. o the south. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 18 day of October, 2011. CITY OF CHANHASSEN BY: Chairman 3 September 19, 2011 City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Dear Planning Department: We would like to waive the 60 day review period for our proposed variance request and reschedule our meeting with the Planning Commission, if needed, for October 18, 2011. Sincerely, Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 (952) 484 -9696 triciakoehnen @yahoo.com Planning Case No. � I — t 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT A plicant Name and Address: a T ►c_ 6011 iv r fi= r �elS�a ✓ kW 55131 Contact: ` Fr fJo�I Phone: L494 -9blU, Fax: Email: fnc.A lCoctn.le✓� t�ci atioe�.r Property Owner Name and Address: 1 'NNm E Contact: Phone: Email: Fax: NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment, Conditional Use Permit (CUP) Temporary Sales Permit Vacation of Right -of -Way /Easements (VAC) (Additional recording fees may apply) Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* 'V, Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ Notification Sign — $200 (City to install and remove) X Es w for Filing Fees/ ttorney Cost ** - jjUP /SPR/VA C A AP /Metes & Bounds - 450 Minor SUB TOTAL FEE $ 4GO p C� C_K 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. *Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) 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: Pe- d — Fe - (o- i ef Pow It,ll,, (, � Lt ryi cL D riv'c- LOCATION: eoo rnP r F 4uwka br,,fe , Cre. _ inn vc., a nd Qt l Inc:' r ✓e.- 1 LEGAL DESCRIPTION AND PID: LO+S 0 v , e4� It - . ec rid Lt jh + - I/tcsncl✓ -d h t eie-t a -n, C ►Ff99) �� Ore- +kojSar.cl ninehJvidre -d Ovte— t0oi ) (.ek Ong 54A ninL J endnol 06+P— i1A13C -.qA A.A.0 i4.1 —j—.j &,1r ^ tH ILA � as 1 &6 X4 i/i TOTAL ACREAGE: 0. a WETLANDS PRESENT: YES Y , NO PRESENTZONING: e- REQUESTED ZONING: ' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: '' Its REASON FOR REQUEST: See A-FF�GG, p,( FOR SITE PLAN REVIEW. Include number of existing employees: C IA- and new employees: 1-1 l/ 3 1, 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 of 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. 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. Signature of Applicant Date t - 1 — a� c f Signa re of Fee Owner Date & \plan \forms \development review application.doc SCANNED Written Description of Variance Request We are requesting a variance to the setback requirement on the East side of our lot that borders Ringo Drive. We would like the setback reduced from 30 feet to 10 feet, treating this border as a side yard rather than a third front yard. We will still meet the 30 -foot front yard setbacks from the North, bordering Cree Drive, and the West, bordering Yuma Drive, as well as the 10 -foot side yard setback to the South. Written Justification The purpose of this request is to build a single - family home that conforms to the prevailing size, shape, and livability of surrounding homes in the neighborhood. This lot is uniquely plotted at 8,936 square feet, with roads on three sides, tapering towards the North end creating a triangular shape. Literal enforcement of the city code leaves us with a buildable area for which a triangular house 24 feet wide at one end, tapering to 7 feet wide at the other, and having a footprint of less than 1,000 square feet including garage would be built. If required to build in this space the resulting triangular house would have a flat roof for structural reasons, and would not blend with the established neighborhood. We are requesting this variance to preserve the aesthetic quality of the existing neighborhood, and livability of our future home, not for economic gain. This land was plotted before the existence of Chanhassen city codes, and has not been subdivided, nor have the owners sold any portion of this land. The front yard setback requirement of 30 feet on three of four sides of this lot is what creates practical difficulties in using this property in a reasonable manner. Ringo Drive is a public right of way, not maintained to the same standards as surrounding roads, and has very little traffic. We explored the option of vacating this road by visiting all of the property owners abutting Ringo Drive. We did not receive 100 percent support to vacate, but did not encounter anyone who was against us building a home on this property. We have included documentation of this effort in the form of a list of signatures in support of vacating the road, and the verbal responses from those not supporting the idea. By treating Ringo Drive as a side yard we would be encroaching on a little -used private drive, not on anyone's personal property. The resulting house and garage we are proposing upon approval of this variance will be a lookout rambler, rectangular in shape, with a peaked roof, and a footprint of 1,765 square feet. The house will be 32 by 39 feet wide, with an attached garage 22 by 23.5 feet wide facing Yuma. In planning this home and variance request every effort has been made to request the bare minimum to put this land to reasonable use. The front door will be located directly next to the garage door with no walkway, and a tapering driveway in order to meet the 25% hardcover requirement. This house will blend in with the prevailing style of this established neighborhood in size, shape and livability, while putting this property to reasonable use as a single- family home. This home will be built following all city and state ordinances protecting the locality from alteration in a negative manner during construction, and after completion. SCANNED SCANNED CERTIFICATE OF SURVEY FOR: PETER & TRICIA NOWLING LEGAL DESCRIPTION: Lots 18 9 -1901, 191J & 1914, CARVER BEACH r bituminou road_ wa / ry wotermain I MK g9�� , CREE D)UTE / 11110 AS non c.. Benchmark: Westerly invert of the 12" steel culvert shown on this survey. has an assumed elevation of 992.5 feet Proposed garage floor elev.= 997.38 Proposed top of foundation elev.= 1001 Proposed lowest floor elev.— 993 o Denotes iron monument Denotes found monument x 000.0 Denotes existing elev. (000.0) Denotes proposed elev. (e&p) Denotes existing & proposed elev. — Denotes surface drainage DEMARS- GABRIEL LAND SURVEYORS, INC. 6875 WASHINGTON AVE. SO. SUITE 209 Edina, MN 55439 Phone: ( 952) 767 -0487 Fax: 952) 767 -0490 1 k `\ EXISTING HARDCOVER Building 1765 Sq.Ft. Conc. Waft & !hive 337 Sq.Ft. Total Hardcover 2102 Sq.Ft. Lot Area 8,938 Sq.Ft. X of Hardcover - 23.571 SITE ADDRESS. Revised: 10105111 UNASSIGNED C. \ EP \ DRAW \ 13931. DWG N o I hereby celt (( that this survey, plan or report was prepared by me or under File my direct seYvisilon and that I am a duly Registered Land Surveyor under the 13931 1 Lows of the oote of Minnesota. Book —Page As surveyed by me this 24th of ugust, 2011. g�2v b g 1 Scale David E. Crook Minn. Reg. No. 22414 1 ° =30 CITY OF CHANHASSEN AFFIDAVIT 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 October 6, 2011, 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 Nowling Variance Request — Planning Case 2011 -10 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. 4 K ' arJ.Fdt, r D ty Clerk Subscribed and sworn to before me this l + day of �-.�� 2011. Notary Pu lic KIM T. MEUWISSEN r Notary Public- Minnesota My Commission Expires Jan 31, 2015 2 2 CL O O Z 2 a. 4- , 0 v a Z O . •E O U t0 W i U Cm C i� O . 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C C 0 wtn d'd mtnH�w2 U�3C, Ca mN J d Qd-1 R CCU U. . • ANDREW A BORASH BRUCE & CHARLENE BURRINGTON CHRISTIAN SVENSGAARD 6725 NEZ PERCE DR 6869 YUMA DR 795 CARVER BEACH RD CHANHASSEN MN 55317 -9206 CHANHASSEN MN 55317 -9554 CHANHASSEN MN 55317 -9422 CONNIE PAIGE SACKETT CURTIS C & JUDITH N QUINER CURTIS P & BRENDA K BJORLIN 820 IMPERIAL DR 725 PONDEROSA DR 824 LONE EAGLE DR CHANHASSEN MN 55317 -9418 CHANHASSEN MN 55317 -9419 CHANHASSEN MN 55317 -9417 DANIEL S & SUSAN L DEGOLIER DARRYL D ANDERSON DARYL D ANDERSON 6780 YUMA DR 3244 40TH AVE S 3244 40TH AVE S CHANHASSEN MN 55317 -9541 MINNEAPOLIS MN 55406 -2227 MINNEAPOLIS MN 55406 -2227 DAVID J ENRIGHT DAVID W M ANDERSON DAVID W WORKMAN 795 PONDEROSA DR 1905 BEACH LN 745 CARVER BEACH RD CHANHASSEN MN 55317 -9419 WAYZATA MN 55391 -9793 CHANHASSEN MN 55317 -9422 DENNIS D KRUMSIEG DONALD E WHITACRE DOUGLAS A & MARTHA M WALL 760 CREE DR 751 CENTURY AVE S 800 CARVER BEACH RD CHANHASSEN MN 55317 -9464 ST PAUL MN 55119 -5814 CHANHASSEN MN 55317 -9432 DOUGLAS H & CORAZON KALLEVIG DWIGHT E IMKER FRANK FORMICO 14021 VICTORIA LN NW 810 PONDEROSA DR APT B 19040 DUCK LAKE TRL ELK RIVER MN 55330 -8314 CHANHASSEN MN 55317 -9562 EDEN PRAIRIE MN 55346 -2045 FRANKLIN D ERNST GERALYN J HAYDEN GERMAN D SEGURA -GOMEZ 840 CREE DR 749 CARVER BEACH RD 750 CARVER BEACH RD CHANHASSEN MN 55317 -9599 CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9422 GILBERT W & SHERRY L SIEVERS GREGORY J CARLSON GREGORY N BITTLE 746 CARVER BEACH RD 760 CARVER BEACH RD 6879 YUMA DR CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9554 JACOB D & ELIZABETH G WOESE JANICE MARIE HAZELTON JEFFERY A KING 777 CARVER BEACH RD 740 CARVER BEACH RD 767 CARVER BEACH RD CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9422 JONAS C & EMILY S STARITA JONATHAN H & MARGARET ORTNER JOYCE ANN HOLLOWAY 6728 LOTUS TRL 6865 NEZ PERCE DR 845 PONDEROSA DR CHANHASSEN MN 55317 -8573 CHANHASSEN MN 55317 -9209 CHANHASSEN MN 55317 -9562 KELLY M & JESSICA M PIEKLO KENNETH JEROME LUCAS KEVIN MCGINTY 825 PONDEROSA DR 6735 NEZ PERCE DR 820 IMPERIAL ST CHANHASSEN MN 55317 -9562 CHANHASSEN MN 55317 -9207 CHANHASSEN MN 55317 -9418 KIRSTEN ANNE PAULY LARRY L & MARY E BARRETT LEE J & DEBORAH R PILLATZKI 751 CARVER BEACH RD 6741 HOPI RD 830 PONDEROSA DR CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9427 CHANHASSEN MN 55317 -9562 LISA THOMPSON MARIE A LAMERE MARK A & JULIE C QUINER 6780 LOTUS TRL 6859 YUMA DR 6889 YUMA DR CHANHASSEN MN 55317 -8573 CHANHASSEN MN 55317 -9554 CHANHASSEN MN 55317 -9205 MARK A VANGUILDER MARTIN P & AMY E JENSEN MICHAEL A & ROBBIE WOITALLA 805 PONDEROSA DR 770 CREE DR 6712 HOPI RD CHANHASSEN MN 55317 -9562 CHANHASSEN MN 55317 -9464 CHANHASSEN MN 55317 -9427 MICHAEL F & BARBARA A COYLE MICHAEL J & ELIZABETH M KOHANE MIKE BUENTING 757 CARVER BEACH RD 6870 YUMA DR 6800 RINGO DR CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9554 CHANHASSEN MN 55317 -9558 RICHARD E ROSSING RICHARD E ROSSING ROBERT A WIEST 130 CYGNET PL 739 CARVER BEACH RD 840 CARVER BEACH RD LONG LAKE MN 55356 -9734 CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -9432 ROBERT C MACFARLANE ROBERT JOHN MOORE RONALD M & DIANE M 6850 YUMA DR 6839 YUMA DR STANCHFIELD CHANHASSEN MN 55317 -9554 CHANHASSEN MN 55317 -9554 6727 HOPI RD CHANHASSEN MN 55317 -9427 STACY L ENGER STANLEY ROBERT CRONISTER STATE OF MINNESOTA IN TRUST 790 CARVER BEACH RD 6730 LOTUS TRL 600 4TH ST E CHANHASSEN MN 55317 -9422 CHANHASSEN MN 55317 -8573 CHASKA MN 55318 -2102 STEPHEN KENNEDY STEVEN J & JOAN M CRONSON SUSAN D ALBEE 761 PONDEROSA DR 801 CREE DR 6871 NEZ PERCE DR CHANHASSEN MN 55317 -9419 CHANHASSEN MN 55317 -9599 CHANHASSEN MN 55317 -9209 TERRANCE & ELIZABETH THOMAS L & JUDITH L RAYMOND THOMAS OPITZ MATTESON 834 CREE DR PO BOX 872 833 CREE DR CHANHASSEN MN 55317 -9599 CHANHASSEN MN 55317 -0872 CHANHASSEN MN 55317 -9599 TRICIA L NOWLING WESLEY WALTER WESTERMANN WYATT CRANE 6271 BLUE JAY CIR 710 PONDEROSA DR 760 PONDEROSA DR EXCELSIOR MN 55331 -9008 CHANHASSEN MN 55317 -9419 CHANHASSEN MN 55317 -9419 Carver County, MN i. f" I Y , CREEOR i' t Property Information Parcel ID: 251601410 Taxpayer Name: TRICIA L NOWLING AS400 Acres: Homestead: N Taxpayer Address: 6271 BLUE JAY CIR Taxpayer City St. Zip: EXCELSIOR, MN 55331 -9008 Property Address: Property City: CHANHASSEN GIS Acres: 0.2 Disclaimer: This map was created using Carver County's Geographic Information Systems (GIs), it is a compilation of information and data from various City,County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. School District: 0276 Watershed District: WS 064 RILEY PURG BLUFF CREEK Tax Exempt: N Platname: CARVER BEACH Map Scale N 1 inch = 310 feet W E Map Date 9/8/2011 S