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1c Extending Variance, BroinCITYOF 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 Phoee: 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 SJle www. ci~chanhassefl.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: Todd Gerhardt, City Manager Kristin Wentzlaff, Planning Intern ~_, September 22, 2003 Variance 2002-13 Extension, Scott and Sherry Broin, 3840 Lone Cedar Lane On October 1, 2002, the subject variance was granted to allow the construction of one (1) retaining wall that encroaches a maximum of ten (10) feet past the required thirty (30) foot bluff setback. City Code states that a variance is void within one year if substantial action has not been taken on the project. The applicants are attempting to meet the conditions of the variance; however, the construction plans have been put on hold due an inability to find a contractor to accept the project with the variance restrictions. Therefore, they are requesting a one-year extension for this variance. Staff recommends that the City Council grant a one-year extension for Variance 2002-13 with a continuation of the existing conditions of approval. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves a one-year extension of Variance 2002-13 until October 1, 2004, subject to the existing conditions of approval." ATTACHMENT 1. Letter from owner requesting extension, dated September 9, 2003. 2. Planning Commission Staff Report The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. September 9, 2003 Bob Generous City of Chanhassen 7700 Market Blvd. P.O.Box Chanhassen, MN 55317 Attn. City Planning Dept. RE: Variance Extension Broin Residence 3840 Lone Cedar Lane-Retaining wall Dear Bob, As you are aware, we have been giving great effort to redesign a retaining wall in accordance with the variance restrictions approved on October 1, 2002. We have consulted with several landscape companies throughout this past year, as well as, waiting for our original contractor to redesign the plans that were submitted to the city in September of last year. We have had several landscape contractors decline this project because of it's complexity, as well as, the variance restrictions. Recently our original contractor Structures, has removed themselves from bidding the project until we approach the planning commission and request another support wall, as their engineer will not sign off on a one wall design required by the variance. We have taken the variance requirements to a larger company L& R landscaping. They are working with two engineering firms. We hope to hear from their engineers within the next couple of weeks. We are requesting our variance be extended until we secure and engineering firm that will sign off on a design in accordance with the variance restrictions. We are thank full we had a dry summer, but the enviable Minnesota weather, will come and we are afraid of continued erosion to our land and it's effect to our home. If we cannot obtain an engineer to sign off on a design that does comply, we see no other alternative than to resubmit to the planning commission, a design that may need some modification to our current variance. I hope that you are able to submit this extension request, which shows we have and continue take substantial action on this project. Looking forward to hearing from you soon. Sincerely, PC DATE: October 1, 2002 CC DATE: REVIEW DEADLINE: 10/30/02 CASE #: 2002-13 Variance By: Angell PROPOSAL: LOCATION: APPLICANT: Request for a variance to the shomland and bluff setback for the construction of three (3) retaining walls. 3840 Lone Cedar Lane (Lot 1, Block 1 Roberta Buchheit Addition) Jeremy Benken Structures Hardscapes Specialists P.O. Box 711 Wayzata, MN 55391 Scott & Sherry Broin 3840 Lone Cedar Lane Chaska, MN 55315 PRESENT ZONING: RSF, Single Family Residential 2020 LAND USE PLAN: Residential Low Density ACREAGE: 0.521 acres (22,720 square feet) DENSITY: NA SUMMARY OF REQUEST: The applicant requests a variance to construct three (3) retaining walls that would encroach into the thirty (30) foot bluff setback and the seventy-five (75) foot shoreland setback. Notice of this public hearing has been mailed to all property owners within 500 feet. 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 variance. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. Broin Variance October 1, 2002 Page 2 APPLICABLE ORDINANCES Section 20-1401 (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of the bluff at least thirty (30) feet. Section 20-481 (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Recreational Lake 75 ** The seventy-five (75)foot shoreland setback is also a Department of Natural Resources (DNR) requirement. BACKGROUND The home was constructed in 1973 prior to the adoption of the bluff ordinance. The existing home is currently located at the very top of the bluff and has a zero foot setback. The deck that is located on the rear of the home actually encroaches into the bluff four (4) feet. The applicants are requesting a variance to construct three (3) retaining walls that would help to control the erosion problems that are occurring on the property. The applicants have stated that three (3) retaining walls would help eliminate the erosion problems that currently exist on the property. These retaining walls would vary in size. The wall that would be located closest to the residence would be 5V2' tall, the middle wall would be 10' tall, and the wall located at the base of the bluff (closest to Lake Minnewashta) would be 10V2' tall. ANALYSIS Staff has reviewed the case files for variances within 500 feet of the property. None of the properties have applied for a variance to the bluff setback in this area. However, the property located at 3900 Lone Cedar Lane was granted a five (5) foot variance to the thirty (30) foot rear yard setback to convert a deck into a three season porch. This variance was approved by City Council on June 29, 1987. Staff has noticed that there are several properties in the area that have constructed retaining walls on their properties. Staff has determined that the retaining walls were either constructed prior, to the ordinance being adopted or without a permit. The applicants indicated in their letter to the Planning Commission, that the purpose of the retaining walls, are to eliminate erosion problems and create a "usable" backyard for friends and family. The applicants have also mentioned to staff that they are afraid that one retaining wall is not sufficient enough to help solidify the foundation of the home and footings of the porch. This is the reason why the applicant is requesting three (3) retaining walls. Broin Variance October 1, 2002 Page 3 Staff believes that all three (3) retaining walls are not necessary. The construction of the three (3) walls would be very detrimental to the entire bluff and eliminate almost all existing vegetation on the bluff. Upon inspection of the site with the building official it was determined that the retaining wall closest to the home would serve the purpose of reinforcing the foundation around the deck and back portion of the home. Erosion around this area has become so bad that sections of the deck are beginning to sag, causing the deck to be unsafe and unstable. It is staff's belief that the retaining wall closest to the home would help control erosion but would not eliminate the possibility of foundations shifting. Also, staff believes that because of the soft soils, the retaining walls may also need to be monitored for future erosion and deterioration. ENVIRONMENTAL IMPACTS The existing conditions at 3840 Lone Cedar Lane include a wooded bluff with 99% canopy coverage. On the bluff are 6-8 mature 30+ inch maple and basswood trees and dozens of young maples, basswoods and various shrubs. There are little to no forbs present. No evidence of severe or problematic erosion was found at the toe of the slope. Soil has washed onto the wooden steps leading from the home to the beach due to lack of ground cover along the stairs. If approved, the request for a variance to construct three retaining walls on the bluff would result in a total loss of vegetation on the bluff. Additionally, the trees lost due to construction are not proposed to be replaced. The applicants state in their letter that they plan on actively using the terraced portions for gardens and play areas. The existing vegetation has protected the slope from most erosion with the exception of the area immediately next to the stairs. Installing ground cover would further help in avoiding erosion on the bluff and along the steps. This could be done through plantings and/or mulch. Constructing one retaining wall near the home to insure the safety of the home foundation and deck footings would protect the home and still allow the environmental benefits of a wooded area along a lakeshore. Broin Variance October 1, 2002 Page 4 Bottom of bluff looking towards the home Half way down the bluff looking up at the home Neighboring property Erosion problem beneath deck 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 Broin Variance October 1, 2002 Page 5 neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. The owner does have reasonable use of the property. 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 conditions upon which a petition for a variance is based are applicable to all properties within the City of Chanhassen. 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: Allowing the variance will not only increase the value of the property but also create a more usable back yard. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created but there are other ways to mitigate the problem without constructing retaining walls on the property (plantings). 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 the variance could be detrimental to surrounding properties due to the loss of the existing vegetation. fo 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 property values within the neighborhood. RECOMMENDATION Staff recommends that Planning Commission adopt the following motions: "The Chanhassen Planning Commission denies the variance request to encroach into the required seventy-five (75) foot shoreland setback on the property located at 3840 Lone Cedar Lane based upon the findings presented in the staff report." Broin Variance October 1, 2002 Page 6 "The Chanhassen Planning Commission approves a variance to allow the construction of one (1) retaining wall that encroaches ten (10) feet past the required thirty (30) foot bluff setback based upon the findings presented in the staff report and subject to the following conditions: 1. A building permit will be obtained before any construction begins. 2. The plans for the retaining walls must be designed by a professional engineer licensed in the State of Minnesota. 3. The applicant shall be aware that no building shall be allowed over the utility and drainage easement. 4. Type II silt fence as per City Detail Plate No. 5300 must be used along the north, east, and southeast sides of the proposed retaining walls. 5. Show top and bottom elevations of retaining walls on Certificate of Survey." Attachments 1. Variance Application 2. Letter from Applicant to Planning Commission 3. Property survey showing location of retaining walls 4. Signatures of approval from surrounding residents 5. Public hearing and property owners list