Loading...
9. Appeal decision Board of Adjustments - 410 West 76th St. 1 4 4 C ITYOF 9 ............... , CHANHASSEN ,. .., 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937 -1900 • FAX (612) 937 -5739 A;-ti. srl tyy a At'- !rist:ator Elsdas:A .i 01 I MEMORANDUM P.s1-1- TO: Don Ashworth, City Manager Dst2 Subrieci : to Commission 1 FROM: Sharmin Al -Jaff, Planner I a2.- ..--- - 1-.3 . DATE: October 8, 1991 �0 - L 1 SUBJ: Appeal Decision of the Board of Adjustments and Appeals for a 3 foot Front Yard Setback Variance to Construct a il Porch I On September 23, 1991, the Bo l• of Adjustments and Appeals reviewed an application for a 3 •'t front yard setback variance (Attachment #1). I The Board denied the applica �.n d� to the fact that all the neighbors maintain the requ -ed 3ca foot front yard setback. Although" the variance requeg ed is .' Iinor, it will set a new 1 standard in the neighborhoo • = nd crea. a precedent. Staff maintains its posit : fin by reco , -riding denial of Variance Request #91 -15 for reaso outlined in a report. I P ATTACHMENTS � I 1. Staff re or p .?�.ted September 23, 199 2. Petition. ` r ed b the a • • li an ' = 1-. • hbors. 3 . Board of i z - 2,; , .F3 me . - , . . � ' " ' es dated September 2 3, 1 1991. e : u< a✓ - t ' C,d S S'zE^ tQ I 1 I nfr 1 t4it PRINTED ON RECYCLED PAPER i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 _ C TY O F PC DATE: 9/23/91 CHANHASSEN CC DATE: � CASE #: 91 -15 VAR By: Aanenson /v 1 STAFF REPORT 1 PROPOSAL: A Three Foot Front Yard Variance Setback for the Construction of a Three Season Porch 1 z Q LOCATION: 410 West 76th Street - Lot 6, Block 1, Highland Park V 1 J APPLICANT: Adeline Skluzacek 410 West 76th Street Chanhassen, MN 55317 1 Clmr 1 PRESENT ZONING: RSF, Residential Single Family ACREAGE: DENSITY: 1 ADJACENT ZONING AND LAND USE: N - RSF; single family 1 S - RSF; single family E - RSF; single family Q W RSF; single family 1 Q WATER AND SEWER: Available to property. • W PHYSICAL CHARACTER.: 1 2000 LAND USE PLAN: Low Density Residential 1 1 r. 4 -el r\ II - Pill , (3V1 '_\,,; Ick ‘Iirkfr AJ 1 ,411A :! 111 • 4 --. -- ce- . �-_,___ r przirmourogg mow- to . 1. Ia 4 LA KE y< 3 tV ,e ' ; �u ���. . _ - ,m fAR ‘ r as 4 10 dli -1 - tt' at% (; - 4' -..?' , -8 wilt war -a1.- - MI6 1 , ' / 7 )---/ 1 1 WW 1 1 ,.- ...: . . - .. 1 t • # hh A 11itea;„•• , - V ,•- -- lir, r� ' .., J. ma wq . r, w• ; 6-7 is 13 • - ' / \ --- �' � � `' ..Ea - 4 il k - - . . , , El i , - -7 . - .-- ' . -**' 4 -' -' -- 05 . a_ Imrs LY% g 0 1 I .,,,,,,,,,,,,.., ---, - 44 '` f . Blia i ci- 4 " , - — IV L ...iffia 2 WPM _: = s: 41 '� i . z t r t r : • . „4, EMI w . ii.-- ,-. um F -TI„ ,:, r BG i mar,' g • • � _„_, , ,, .� : ! ��' B _ HHAN �� a. EN C \F � � HW AY l►� ;� a. - . 1 0 p \‘, ..... - * ... .. - . .1- : ye* Q. N..06” • / Non ...,, •,,,r,„ .,J ., - .vi y ....--:.i ,-, - -- :-- . • a ediel.‘ ' 4.L. , . 1 ..i. , , 0.. ..Vrs1 1 1 1" F . ...y . • sus PARK C A i , 1 IRMA OS i d 3 A C. ; - - 11 1 (, R /CE A 1 t i' • , V ii, Vika, � MARSH .� . 1 ,� % ` li LAKE ,A3 tifitiro; 1 t-, 011111E7'''' C PARK UD-R ____X �' v LAKE SUSAN , or I : " " RD A*,./4 " ) ,_ — RicE M . -IL �s ©. . - Iiiii %.,?,.. I, , c/ , PARK I PUD . T L 4PIL— R ` A 2 N i% % . � '' " 411111 /tom I ' �_ � - - • I � k 4 41 , g 4 ♦ ,,bi _ � . l i w go... 1 - Q SE 1 Skluzacek Variance September 23, 1991 Page 2 BACKGROUND Highland park Subdivision was approved by the City Council in 1967. Highland Park subdivision has 3 additions including 40 lots. All of these lots are all a standard 95' x 125' to 140'. PROPOSAL /SUMMARY The applicant is requesting a 3 foot variance to the front setback requirement. This lot is located in Highland Park subdivision. The front setback requirement for this subdivision is 30 feet. The applicant is requesting the variance to enclose the existing concrete front stoop. There is a well under the front steps. The applicant has had problems with water coming into the basement from the front step area and have determined that by enclosing the steps with as three season porch this will eliminate their water 1 problems. The proposed porch is 9.3 feet by 18 feet. The City Building Department has stated that there may be other alternatives { to solving the water problem (Attachment #2). A variance may be granted by the Board of Adjustments and Appeals or City Council only if all of the following criteria are met: a. That the literal enforcement of this Chapter would cause undue } hardship. "Undue hardship" means 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 five hundred (500) feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre- existing standards exist. Variances that blend with these pre- existing standards without departing from them meet this criteria. * Staff surveyed the surrounding area within 500 feet and all of the homes in this area maintain the 30 foot front setback requirement. b. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. * The request, if approved, will create a standard that deviates from the surrounding property within the same subdivision. c. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. CITYOF i , otlir . , 4 CHANHASSEN 1 - -. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMO DATE (mm /dd /yy): 09/13/91 TO: Kathryn Aanenson TITLE /T0: Planner II I THROUGH: TITLE /THROUGH: / ' FROM: Steve A. Kirchman { ,� ^ l� , TITLE /FROM: Building Official SUBJECT: 410 W. 76th St. variance 1 1 Background: Planning Department requested I visit the site on 9/12/91. I made an inspection on 9/13/91 at about 11:00. The existing stoop extends from the i dwelling south about 9', and is about 6' wide. It is about 18" above grade. The homeowner told inspector Steve Nelson the stoop covers and old well pit. It is not known if the well was abandoned as required by law. The homeowner has further stated that the well pit and stoop are the presumed source of water problems in the existing basement, and the purpose of the three - season porch is to alleviate the water problem. Analysis: The three - season porch may solve the basement water problem if the well pit is ; the source of the water. This is assuming the well pit walls are sound and not subject to ground to ground water intrusion. The new roof line, if the porch is built, will direct a great deal of roof drainage near the foundation of the porch; drainage that is now diverted by gutters. Removing the stoop, filling the well pit, and,rebuilding the stoop may be another solution. Another solution may be interior basement wall drains. Recommendations: I recommend a variance not be granted solely on the basis of the addition being the only way of solving the water problem. This has not and probably cannot be shown. o PRINTED ON RECYCLED PAPER 1 - , 124j) 1 / /t , 1 I -e/ezeo• - 111 1 BOARD OF ADJUSTMENTS AND APPEALS MINUTES FOR SEPTEMBER 23, 1991 BOARD MEMBERS PRESENT: Willard Johnson, Carol Watson and Tom Workman. STAFF PRESENT: Paul Krauss,- Planning Director, Kathryn Aanenson, 1 Planner II and Sharmin Al -Jaff, Planner I. The meeting was called to order at 6:00 P.M. 1 An 11 foot variance to the required 75 foot wetland setback for the construction of a deck on property zoned RSF and located at 7570 Canyon Curve. Jack Thien. Al -Jaff stated that the applicant withdrew his application. A front yard variance for the construction of a three season porch on property zoned RSF and located on lot 6. Block 1. Highland Park. Adeline Skluzacek. 1 Aanenson presented the staff report. Mrs. Skluzacek stated that this approach would make the house more energy efficient. The stoop is attached to the house and she would rather use it as foundation. Furthermore, the stoop covers an abandoned well. One of the reasons the applicant requested the variance was to control a drainage problem in the basement. This was discussed at the meeting and it was decided that this does not constitute a hardship as there are other ways to remedy the situation. Workman stated that three feet is not much but the fact remains this will create a precedent. Mr. James Dwire stated that he is a neighbor of the applicant and he had no objection to the variance application. 1 Watson made a motion to deny the variance because it would create a precedent. Johnson seconded. The variance was denied unanimously. The applicant requested to appeal the Board's decision to the City Council. The appeal was set for October 14, 1991. A front and side yard variance for the construction of an addition and a garage on property zoned RSF and located on Lots 17, 18. and . 19, Shore Acres, 9203 Lake Riley Boulevard. Alan Dirks. 1 Aanenson presented the staff report. Alan Dirks stated that the present side yard setback is 7 feet and 1 they wanted to maintain that setback. 1 1