2 VAR 2275 Lake Lucy Road
Vlelodl~ I-ill
Crestuiow Dr.
I ,
Lucy
ghover
N
Brenden Pond Variance
August 18, 1999
Page 2
PROPOSAL/SUMMARY
The applicant is requesting a 10 foot variance from the required 30 foot front yard setback to locate
3 homes 20 feet from the property abutting Lake Lucy Road. The three lots are located south and
west of Lake Lucy Road, and west of Woodridge Heights Addition. Lots 1 and 2, Block 2, Brenden
Pond 3rd Addition share a driveway. All lots gain access of off Lake Lucy Road. The property is
zoned RSF, Residential Single Family.
A natural wetland is located south of these three lots. When those lots where created, the following
setbacks where established:
Brenden Pond 2nd Addition Front Yard Wetland Buffer Side Yard
BLOCK I Setback Setback Setback
Lot I 30' 50'* 10' 10'/5'**
Brenden Pond 3rd Addition
Block 2
Lot I 30' 55'* 15' 10'/10'
Lot 2 30' 65'* 25' 10'/10'
The wetland setback includes a wetland buffer in addition to a structure setback.
The side yard setback variance along the east side of Lot 1 is a result ora technicality from
the Health department requiring wells to be located 50 feet from any property line (See
Background).
We are recommending that the variance be approved with conditions outlined in the staff report.
BACKGROUND
On November 14, 1994, the City Council approved the final reading to rezone property from RR
to RSF for Brenden Pond subject to conditions. The Council also approved the final plat for
Subdivision #94-l 0 for Brenden Pond for 19 single family lots with a variance to the street grade
(10%) on Pondview Court subject to conditions. As part of the subdivision and since the
alignment of Lake Lucy Road was not exactly known at the time, the applicant elected to plat the
portion of the property impacted by the street as Outlots A & C and reserve it for further
subdivision and future development.
The city needed a well site and through negotiations, the City requested the subdivision of Outlot
C into 2 lots and 1 outlot. Lot 1 has an area of 23, 915 square feet and will contain a future
single family residence. Lot 2 has an area of 31,589 square feet and houses the city's well house.
As a requirement of the Health Department, the well must be located in a position that would
require a 50 foot setback from any property line. In order to achieve this, buildable area was
taken from Lot 1, Block 1, which resulted in reducing the size of the building pad for the
proposed single family residence. The zoning ordinance requires a 10 foot side yard setback on
all single family homes. The separation between the proposed home and the well is 55 feet.
Allowing the variance will not have a negative impact on adjoining properties. The house will
not encroach onto any easements. Consequently, the City Council approved the side yard setback
variance.
Brenden Pond Variance
August 18, 1999
Page 3
On November 23, 1998, the City Council approved the final plat for Subdivision #94-10 for
Brenden Pond Third Addition to subdivide 5.5 acres into 8 single family lots with conditions. One
of the conditions of approval stated "Lots 1 and 2, Block 2 shall be designated custom-graded lots.
Individual grading, drainage, tree removal and erosion control plans shall be submitted to the
city for review and approval prior to issuance of a building permit on Lots 1 and 2, Block 2. The
first floor elevation of the homes may be up to one foot below the curb height on Lake Lucy
Road." The applicant wishes to minimize grading on these lots, hence the front yard setback
variance.
FINDINGS
The Planning Commission shall not grant a variance unless they find the following facts:
ao
That the literal enforcement of this chapter would cause 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 and develop neighborhoods pre-existing
standards exist. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Literal enforcement would make the lot difficult to deal with. The city approved these lots
with the condition that grading impacts be minimized. The applicant is proposing to
reduce the front yard setback to 20 feet, and shift the house pad 10 feet closer to the right-
of-way. Staff believes this is a reasonable request. However, in exchange for granting the
variances, the wetland setback should be increased by 10 feet. Granting the variance
should not serve as means to increase the house pad but to reduce grading in a sensitive
area. The following setbacks are recommended:
Brenden Pond 2nd Addition
BLOCK 1
Lot 1
Brenden Pond 3rd Addition
Block 2
Lot 1
Lot 2
Front Yard Wetland Buffer Side Yard
Setback Setback Setback
20' 60'* 20' 10'/5'**
20' 65'* 25' 10'/10'
20' 75'* 35' 10'/10'
Staff often recommends approval of front yard setback variances if it means saving natural
features.
bo
The conditions upon which a petition for a variance is based are not applicable, generally,
to other property within the same zoning classification.
The conditions upon which this petition for a variance is based is not applicable
generally to other properties within the same zoning classification outside of the
immediate area.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Brenden Pond Variance
August 18, 1999
Page 4
The purpose of this variance will allow the property owner to construct a single
family home and minimize site grading.
d. The alleged difficulty or hardship is not a self created hardship.
The hardship is related to the steep slopes on the site and is not self-created.
Granting the front yard setback variance will minimize grading on the site.
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.
The granting of the variance will not be detrimental or injurious to other land or
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 increases the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
The proposed variance will not impair an 'adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or
increases the danger of fire or endanger the public safety or substantially diminish
or impair property values within the neighborhood.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission approve variance #99-12 for a 10 foot front yard setback variance to
allow the construction of three single family homes to be located 20 feet from the front property
line on Lot 1, Block 1, Brenden Pond 2nd Addition, and Lots 1 and 2, Block 2, Brenden Pond 3rd
Addition, with the following conditions:
1. The lots shall maintain the following setbacks:
Brenden Pond 2nd Addition Front Yard Wetland Buffer Side Yard
BLOCK 1 Setback Setback Setback
Lot 1 20' 60'* 20' 10'/5'
Brenden Pond 3rd Addition
Block 2
Lot 1 20' 65'* 25' 10'/10'
Lot 2 20' 75'* 35' 10'/10'
The wetland setback includes a wetland buffer in addition to a structure setback.
2. All the subdivision conditions still apply."
Brenden Pond Variance
August 18, 1999
Page 5
ATTACHMENTS
i. Application.
2. Public hearing and property owners list.
3. Plan showing location and layout of the lots.
g:\plan\sa\brenden Pond Variance.doc
CITY' OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 6S3t7
(~12) t~:ar,l~00
DEVELOPMENT REVIEW APPLICATION
APPLICANT',..GESTk(~H & PAULS. ON CONST.., INOWNER:. , ....
ADDRESS:.200.. r'H~'STN. T'rm ST ~,mo ADDRESS:._
· C~AgF&. MN._ 553/,8 . .......
TELEPHONE (Da)' time) 6 1.,~ -44 8 - 3 3 3 2 ... TELEPHONE: .....
. Comprehensive Plan Amendment
· _ Temporary Sales Permit
~ Conditional Use Permit
Intorlm U~e l~ermlt
~ Non.,c~onform!n0 Use Permit
~ Planned Ur~lt DeVelopment*
_.._ R,zonlng
Vacation of ROW/Eat~ementa
~c.X Vartance
........ Wetland Alteration Permit
..... Zoning Appeal
.. Zoning Ordinance Amendment
Sign Permlt~
Sign Plan Review
· Site Plan Revlew'
.,..,.... Subdlvielon*
Notification Sign
~ Esorow for Filing FeeU'Attome¥ Coat**
($50 OUPISPRNAC/VARNVAP/Metes
end Bounds, ~400 Minor SUB)
TOTAL FEE $.
A list of all properly ownem within ~00 feat of the b0undarlea of the property muet be Included with the
applleatlon.
Building material eemples muet be submitted with alta plan reviews,
· Twent~-~lx full e, lze folde~ ooplea of the plane muet be eubmltted~ In~luding an 8W' X ~I" reduced Dopy of
t~anapamnCy'for.aa~h plan cheat,
· ' Eaorow wlll be ~eaulred for other appllcatlon~ through the development oontract
NOTE · When multiple applications are pro~eaaed, the appropriate fee a~hall be oharged for eaoh application,
61Z-g~7-S?~g->
612+448+7183
ECEIVED
JUL 2 0 1999
RI'~OCI4 1 RRRN.D~,N,.pONT)'
ADD, TTION .......
X YES _. NO
CFi Y Of:' CHANHASSEN
2NTI ADBTTTON,
RT,OCK
PRESENT ZONING ........
REQUESTEDZONIN~3. C.HANGE .OF FRQ_NT YAI~D SF,.TBAC}( ._ , .....
PRESENT LAND USE D, ESIGNATION, 30 ' ...FRONT. YARD.. SRTRAC~ ......
REQUESTEDLAND'USEDESlGNATION 20' FRONT YARD SETBACK
REA$ONFORTHi$.REQUEST CITY COUNCILS RECOMMENDATION SO THERE IS NQT
_GRADI.~G AN~.,,~TERP S.~,,OPF, S TQ WET]LA.ND .............
This applloatlon must be completed in full end be typewdUen or oleerl~/printed and mu~t be aooompanled by ell Information
and plen~ t"equlted ~ applloabl~ City Ofdlnanoe provl~',lonl;, Before [llnl;I this appl}~Uon, you should ~nfer with the Planning
Depa~nt ~ de[ermine'the s~¢l~c ordi~an~ and pr~e~ural requlremenll appll~bla to your appll~tlon,
A determination ef ~mpl~teness of the appll~Uon shall be mede within ten business day~ of appll~llon ~ubml~al. A w~en
no~ of appll~tlo~ ~e~olenole~ ~hall be mailed to the appllo~nt within ten buslne~ day~ of appll~lon, -
Thl~ Is ~0 ~1~ that I am' making appll~Uon for the deco,Ibrd aotlon b~ the Ct~ and that ! am r~ponstble ~r ~mplyl~g with
all Ot~ f~ulrement~ WI~: regard to thla request, Thl~ appll~Uon lhould be pr~l~ed In m~ name and I mm the pa~ whom
the O]~ lhould ~m~t ~ga~Ing .ny maEe~ pe~alnlng to this appll~tlen, I have a~aohed a ~py of pr~f of ownemhlp
(either ~p; of Owners Dupll~te Celibate of Tl~le, Abstraot of T~Ie or pumhase agreem.nt), or I am the authorized pemon
to make ~ appll~U~ ahd the fee owaer baa al~o ~]gned this
i will k.e~ myself ln~rme~ of the deaalin~a for submllal~ of matartal and th. progress of thl~ appli~tlon, I ~her
undemta~d that addltlo~al fee~ may be oharged for ~nlulUng feel, ~aslblllW studle~, eto, with en
author~aflon to prooeed with ~e ~tudy, The do~ument~ a~d Informatlo~ I h~ve subml~ed ~ tr~e a~'~r~ot b the bes~ of
AS HUCH
The glty hereby not{ties the applicant that development review cannot be ~mplsted within 60 days due to public hearing
requlrement~ and agenw revlew~herefom, th~ cl~ Is nott~lng the appll~nt that the cl~ requires an automatl~ 60 day
eAen~lon for develo~ent re~. Development review shell ~ ~mpleted wl~ln t20 ~ays unless additional review
e~en,l~n, a~~d~ppll~nt.
.... . .... o,t,. ' .... .-
signature of Fee ~nar Dee
Application Received on ..
Fee Plld .... Receipt No,
The applicant ehould contact etaff for a Copy of the Itlff report whloh will be available on Friday prior to the meeting,
I~ not oontacted, & (=opy of the report will be mailed to the applloal~'~ ,addreee,
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, AUGUST 18, 1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Request for a Front Yard
Setback Variance
APPLICANT: Gestach and Paulson Construction
LOCATION:
Lot 1, Block 1, Brenden Ponds 2nd
Addition and Lots I and 2, Block
Brenden Ponds 3rd Addition
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Gestach and Paulson Construction, request a variance from the 30 foot front yard
setback for the construction of a single family home on property zoned RSF and located at on
Lot 1, Block 1, Brenden Ponds Second Addition and Lots 1 and 2, Block 2, Brenden Ponds
Third Addition.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project.
Questions and Comments: if you want to see the ptans before the meeting, ptease stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to
submit written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on August 5, 1999.
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