2. Garage addition 10241 Mandan Circle C IT` ' O F BOA DATE: 10/14/91
::s: A:::( CHANHASS E N : 91-17 VAR
ply _ BY: AL-JAFF:v
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STAFF REPORT
PROPOSAL: Addition of a garage to an existing Single Family
Residence on a Nonconforming Lot of Record
LOCATION: 10241 Mandan Circle - Lot 6, Block 2, Bluff Creek
Z Highlands
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V APPLICANT: Paul Weld Dan Schaitberger
...� 14701 Oakwood Road 10241 Mandan Circle
Minnetonka, MN 55345 Chanhassen, MN 55317
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1 441
' PRESENT ZONING: A-2, Agricultural Estate District
ACREAGE: 32,264 Square Feet
DENSITY:
' ADJACENT ZONING AND
LAND USE: N - A-2, Agricultural Estate District
S - A-2, Agricultural Estate District
' E - A-2, Agricultural Estate District
g W - A-2, Agricultural Estate District
pc . WATER AND SEWER: Not available to the site.
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IPHYSICAL CHARACTER. : The site contains a single family
(n residence.
2000 LAND USE PLAN: Residential - Large Lot
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I
Weld Variance
October 14, 1991
Page 2
iBACKGROUND
The Bluff Creek Highlands subdivision was created in 1968. To meet '
the Zoning Ordinance requirements for a subdivision and acquire a
building permit in 1968, a lot had to have a minimum area of 30,000
' square feet, have a front yard of not less than 30 feet, a side
yard not less than 10 feet and a rear yard of not less than 30
feet. The site is located in what is currently the A2 District
where a minimum lot size of 2.5 acres is required. -
APPLICABLE REGULATIONS
Section 20-72 of the Zoning Ordinance requires all lots of record
to meet a minimum of 75% of today's requirements in order for them
to be buildable.
' ANALYSIS
The applicant is requesting a garage addition to the existing two
' car garage. This addition will allow the applicant to store
additional vehicles currently parked on the side yard. This
addition will meet all the setback requirements, however, the lot
area does not meet today's standards and under current ordinances
this constitutes an intensification of the non-conformity requiring
a variance.
The Zoning Ordinance 'requires all lots located in the Agricultural
Estate District to have a minimum lot area of 2.5 acres, while
maintaining a one unit per ten acre density. This requirement was
a condition of approval from the Metropolitan Council in 1986 to
allow the construction of the Lake Ann Intercepter. Currently, the
city is in the process of amending the conditions of approval for
the Lake Ann Interceptor by requesting the Lot area of lots located
in the Agricultural Estate District be reduced, while maintaining
the one unit per ten acre density. The Metropolitan Council is on
the verge of approving this 'amendment. Eliminating this standard
' is consistent with the Metro Council 's new Rural Policy guidelines.
Lot area would be linked to whatever is required to provide for a
satisfactory on-site sewage disposal system.
We must also note that staff is in the process of proposing an
ordinance amendment that would allow Single Family Structures
located on nonconforming lots of record, to construct additions as
' long as the new addition meets the setbacks required by ordinance.
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
1
Weld Variance
October 14, 1991
Page 3
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.
* The literal enforcement of this Chapter would cause undue
hardship. This subdivision predates today's ordinance
standards. The applicant is requesting to add a third
car garage to store vehicles rather than leave them
outdoors. A garage is considered a reasonable use in a
residential neighborhood and the applicant is only trying
to give his home a better appearance.
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 conditions upon which this petition for a variance is
based are not generally applicable to other properties
within the same zoning classification outside of the
immediate area.
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.
* This does not appear to be the case. The applicant is 1
simply attempting to utilize the parcel for single
family residential uses it was approved for.
d. That the alleged difficulty or hardship is not a self-created
hardship.
* The hardship is not self-created. The subdivision
predates the Zoning Ordinance. The size of the lot is
reasonable and what the applicant is proposing will
improve a situation by storing vehicles in an enclosed
area rather than outdoors.
e. That 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 of land is located.
* 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 of
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Weld Variance
October 14, 1991
I Page 4
land is located. The addition will meet all setbacks
required by ordinance.
' f. That 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 granting of the variance will allow a garage addition
to be constructed at a reasonable distance from adjoining
properties. Therefore, it will not impair an adequate
supply of light and air to those properties nor
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
' For the above mentioned reasons, staff is recommending approval of
Variance 91-17.
' ATTACHMENTS
1. Site plan showing proposed addition.
2 . Letter from the applicant dated September 17, 1991.
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September 17 1991
•
City of Chanhassen,
r t, Pau/ Weld, president of E.I. Construction Inc. am requesting a variance
for a garage addition. The owner is Dan and Kathy Schaitberger, both
' residing at 10241 Mandan Circle. All work will be performed at that home.
The addition to the existing garage will comply to all the findings from
the Section 20-58 requires. The size and usage of this garage will comply
with the standards used by the surronding neighbors. The area for zoning
is applied for residential usage only. The desire to build this garage is
simply being able to keep the area looking clean and attractive. The garage
structure will be built with complete compliance to all building codes. The
size of the structure will not impair any supply of light or air flow to
any surronding neighbors. With the completion of this addition it may
increase the property values of the neighborhood.
11 We will build anattractive 16x30 attached garage to the existing. home.
All siding, cornice work and roofing will match that of the existing home.
The length of time for this project will run about three weeks.
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Thank-yo G-Je_
' *Any questions please give me a call 538-1128
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' E.L. CONSTRUCTION
Creative Remodeling
14701 Oakwood Road, Minnetonka, MN 55345 936-9983
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