4. Variance 7431 Dogwood Road 9
CITYOF
:014°1-114.' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900 • FAX (612) 937-5739
}
' MEMORANDUM
TO: Board of Adjustments and Appeals
' FROM: Sharmin Al-Jaff, Planner I
DATE: October 8, 1991
SUBJ: Variance to Allow Two Principal Buildings on a Single
Building Lot
On August 26
g 1991, the Board of Adjustments and Appeals reviewed
a variance application to allow two principal buildings (a single
family residence and a summer cabin) to be erected on a single
building lot.
The Board tabled action on this application and requested that
staff work with the City Attorney to develop an ordinance that
would allow two principle structures to be erected on a single
building lot (Attachment 2) .
On October 2, 1991, the Planning Commission reviewed the ordinance
and recommended that the City Council deny this amendment.
' The City Council will be reviewing the ordinance amendment in the
near future.
On October 4, 1991, the city issued a certificate of occupancy that
is valid for one month only for the applicant to occupy the newly
' constructed single family residence on the subject property. When
the applicant meets all of the requirements of the Board of
Adjustments and Appeals and City Council, if any, then a permanent
Certificate of Occupancy will be issued.
Staff maintains its position by recommending denial of this
variance application.
' ATTACHMENTS
' 1. Staff report and minutes dated August 26, 1991.
2 . Proposed zoning ordinance amendment.
t� PRINTED ON RECYCLED PAPER
I TY O BOA DATE: Aug. 26, 1991
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CIIATUASEN CC DATE:
_ CASE #: 91-11 VAR
By: A1-Jaff:v
STAFF REPORT
PROPOSAL: Variance to Allow Two Principal Buildings to be Erected
on a Single Building Lot and a 28 Foot Variance to the
Required 30 Foot Front Yard Setback for the Purpose of
Keeping a Summer Cabin
Q
LOCATION: Lots 8, 9 and 10, and a portion of Lot 7, Sunset Hills on
Lake Minnewashta - 7431 Dogwood Road
APPLICANT: C. W. and Barbara Freeman
Q 5808 Crescent Trail
Minneapolis, MN 55436
1
PRESENT ZONING: RSF, Residential Single Family
ACREAGE: Approximately 102,000 square feet
DENSITY: I
ADJACENT ZONING AND
LAND USE: N - RSF
Q S - RSF
E - RR and Dogwood Road
W - Lake Minnewashta
0 WATER AND SEWER: Not available.
PHYSICAL CHARACTER. : The site is a riparian lot to Lake I
Minnewashta. . It contains a residence -under
construction. The site is also heavily
wooded. •
2000 LAND USE PLAN: Large Lot Residential
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Freeman Variance 11
August 26, 1991
Page 2 I
APPLICABLE REGULATIONS
Section 20-902, Multiple principal buildings on the same lot states 1
that in any single family detached residential district, not more
than one principal building shall be permitted to be erected on a
single building lot.
BACKGROUND
In May, 1991, the City issued a building permit for a residence to
be located at 7431 Dogwood Road. The site originally contained 3
cabins. Two of those cabins have been demolished. The third
summer cabin remains and a new 4 bedroom residence is being I
constructed. Staff approved the building permit for the new
residence with the condition that it be recorded in the chain of
title of the property that the existing structure located on the
easterly portion of Lot 8 (the remaining summer cabin) not be used
for habitation. Water and plumbing shall be disconnected prior to
issuance of a certificate of occupancy.
The site is comprised of several underlying lots which have been
combined into a single tax parcel. The existing dwelling is
setback only 2 feet from the Dogwood Road right-of-way. I
Staff would normally have asked that all pre-existing dwellings be
removed as a condition of obtaining the building permit. However,
on a similar request elsewhere in the community the owner asked
that he be allowed to maintain the dwelling as a storage
building/playhouse. Staff allowed this to occur but stipulated
that all power and utilities be disconnected to ensure that it
would not be used for habitation. We also had a notice placed in
the chain of title indicating that the building was not to be used
as a dwelling. Given this prior experience we decided to offer the
same flexibility to this applicant.
We understand the applicant's desire to offer housing for his
family on vacations and outings. We further note that the current
condition of the site with one new home and one old cottage in
place of three cottages, represents an improvement. However, we
cannot find a rationale to support the request. I
On August 5, 1991, the applicant submitted a variance application
requesting to continue the use of the summer cabin. 1
ANALYSIS
A variance may be granted by the Board of Adjustments and Appeals '
or City Council only if all of the following criteria are met:
I
11 Freeman Variance
August 26, 1991
Page 3
11 a. That the literal enforcement of this Chapter would cause undue
hardship. "Undue hardship" means the property cannot be put
II 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
II 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
1 them meet this criteria.
* Staff conducted a survey within 500 feet of the subject
II property and discovered that there are a number of
structures that are located within the front yard
setback, except that those structures are accessory
structures consisting of garages and sheds. Allowing a
II summer cabin to remain within the front yard setback will
create a precedent and will depart from the standards set
in that neighborhood. More importantly, allowing two
II dwellings to remain on a single parcel creates a new
precedent of some concern to staff.
b. That the conditions upon which a petition for a variance is
Ibased are not applicable, generally, to other property within
the same zoning classification.
II * The request, if approved, will create a standard that
deviates from the surrounding property in the same
subdivision.
IIc. That the purpose of the variation is not based upon a desire
to increase the value or income potential of the parcel of
land.
I
* The purpose of the variation is not based upon a desire
to increase the value or income potential of the parcel
IIof land.
d. That the alleged difficulty or hardship is not a self-created
IIhardship.
* The difficulty or hardship is self-created. The city has
an obligation to ensure that a lot is used in a manner
II consistent with our codes. The new dwelling, which is a
4 bedroom home, meets the criteria.
1 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.
1
II
1
Freeman Variance 11
August 26, 1991
Page 4
* Granting of this variance will result in setting a
r g g
precedent within this neighborhood and introducing new
standards. Furthermore, the existing septic system I
cannot accommodate two units and the Building Official
has indicated in his attached memo that a new septic
design be submitted for approval. I
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. I
* The applicant has indicated in his letter that he is
requesting to use this cabin during a limited time period
during the summer season. However, it is very possible
that a future owner of this residence would rent out the
cabin and congestion could result on Dogwood Road,
especially since this road is a dead end and substandard
in width.
The applicant is requesting a variance to locate two principal
structures (residential units) on a single building lot. This
request violates the Zoning Ordinance requirements of Section 20-
902.
Staff made the applicant aware of the city ordinance at the time
the building permit was requested. We further attempted to give as
much flexibility as possible by not requiring that the dwelling be
removed, only made uninhabitable and that provisions be made to
properly notify all future owners of the property.
The lot has an existing on-site sewage treatment system. At the I
time the building permit was issued for the construction of the new
four bedroom dwelling, it was understood that the applicant would
be using the existing on-site sewage treatment system. This system
can handle up to 720 gallons of effluent per day. City Code
requires a 4 bedroom dwelling to have a minimum of 600 gallon
capacity. Assuming that the cabin (summer house) is a type III
dwelling unit which is the least restrictive the Code permits, an
additional 180 gallons is required. Based upon the above, for the
two units to be using_ the same septic system, a mound must be sized
to handle at least 780 gallons per day.
Based upon the foregoing, staff is recommending that the variances
be denied.
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Freeman Variance
August 26, 1991
Page 5
I
RECOMMENDATION
Staff is recommending that the Board of Adjustments and Appeals
deny Variance Request #91-11 for reasons defined in the report.
ATTACHMENTS
1. Memo from Building Official dated August 20, 1991.
2 . Letter from applicant.
' 3. Petition from neighborhood.
4. Site plan.
5. Copy of special conditions attached to the building permit.
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CITYOF
CHILNBASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Sharmin Al-Jaff , Planner I I
FROM: Steve A. Kirchman, Building Official 4.4k.
DATE: August 20, 1991
SUBJ: Variance, 91-11 (Freeman)
Background:
A building permit was issued for a new 4 bedroom dwelling using the
existing onsite sewage treatment system. The City has plans for the
existing system. It is a mound, and it would appear that it is sized
to handle 720 gallons of effluent per day. The building permit was
issued with the understanding that the existing dwelling(s) were to
be removed from the septic system.
Analysis :
•
Individual Sewage Treatment System Standards, Chapter 7080, which is
part of the chanhassen City Code, contains the requirements for system
sizing. 7080. 0170 states "The minimum daily sewage flow estimated for
any dwelling shall provide for at least two bedrooms . For multiple
residential units, the estimated daily sewage flow shall consist of
the sum of the flows of each individual unit . " Based on this , the
mound at 7431 Dogwood must be sized to handle at least 780 gallons per
day. This estimate is based on the new 4 bedroom dwelling (600
gallons) , and an assumption that the existing dwelling is two bedrooms
or less and is a type III dwelling (180 gallons) . This is the least
restrictive the code permits. Based on this the existing system is
too small .
Recommendation:
I recommend a new individual sewage treatment system design be
submitted for both dwellings as a condition of approval for a
variance. Occupancy of the new dwelling will not be permitted with
both dwellings using the current septic system.
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tov PRINTED ON RECYCLED PAPER I
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I VARIANCE REQUEST
FOR FREEMAN PROPERTY ON SUNSET HILL. LAKE MINNEWASHTA
1
rThis property has been in the family for about 50 years. My wife and I have owned the property since
1962. The property consists of lots 8, 9 and 10 plus 2/3 of lot 7 on the east shore of Lake
Minnewashta. Before this year there were three summer cabins on the property. Two of these cabins
were demolished to build one year around house. The third summer cabin remains. In order to obtain
I
a building permit we were required to sign a paper guaranteeing that the third house would not be used
for habitation. It is this point for which we are requesting a variance.
1 This property has been a gathering point for our family for more than 40 years. The house in question
has been used as a guest house for that period of time. The house is not winterized and in fact is not
gworth winterizing. All plumbing is useable only in the summer. We would like to continue to use the
house as a place for our children and our grandchildren to spend a few weeks in the summer. Total
summer usage in the past few years has been no more than three weeks. We do not anticipate that
1 that will increase.
The plumbing has currently been disconnected as per the building permit request.
•
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. :TITION FOR VARIANCE RE.
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FREEMAN RESIDENCE - 7431 DOGWOOD ROAD
I
The undersigned neighbors of the C.W. Freeman's at 7431 Dogwood Road.Excelsior. Mn.55331
support their request for a variance to allow them to continue to use their guest house on Lot 8 Sunset
Hills. It has been used for forty years as a guest house. The house is never to be used for year
around living and never to be rented. It is to be used by members of the family such as children and
grandchildren..
ADDRESS
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
NOTICE FOR APPLICANTS FOR BUILDING PERMITS
FOR NEW SINGLE FAMILY AND DUPLEX HOME CONSTRUCTION `
II
Address 711-31 D C5.---v O N.
Lot-Tit/1, t D Block
S 1e:1- t-1 i ll oc\ LA'. M onrte u,c314ck II
The following are required by City Ordinance and are a condition of Building
Permit approval:
1. All disturbed areas must be seeded or sodded to prevent erosion. I
2. Unless already on the site, at least one tree must be planted on private
property in the front yard setback of each lot. The tree must be deciduous II
at least 2 1/2" in diameter at the time of installation.
3. Erosion control must be maintained throughout the construction period and I
until new vegetation is established.
4. All public streets must be maintained in a clean condition.
I/
5. Drainage and grading must be completed in compliance with approved plans.
• . Additional requirements relating to tree preservation, landscaping drainage, il
placement and elevation of the home and related issues may be imposed. These
requirements are conditions of approval as granted by the City Council. It
is your obligation to maintain erosion control, tree preservation, drainage,
II
and condition of public streets during construction of the home.
SPECIAL CONDITIONS: 1� � L h� r e°�D t'0 in +k e, Ca n oi- Ti-H
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ii kG1£ �Xi ktC1 =� f t&L+ P k4C-rXl ari A�P_ �'GIJ� ?C �`\1O(\ O
- u., ed - -e)r h
�5Y,oal be . i coi-) t -- p c i a- to i55uoslc-e_ ot: oL CO- ,
Failure to comply with these requirements could result in the issuance of a stop
work order. Certificates of Occupancy will not be issued until all conditions
II
have been complied with. If the conditions cannot be met prior to requesting a
CO due to weather or other circumstances, financial guarantees satisfactory to
the City must 'be provided prior to release of the CO. The amount of the guaran-
tee will be established by City staff. Financial guarantees for seed/sod and II
the tree is $750.00
I ave read this notice and fully understand its requirements. II
Applicant Signature Date 1
, -,_ ■■'1 t-fr-------7 y__'4) Y-A.) 5-10 -- i
City Staff Date I
I
Board of Adjustments and Appeals
Minutes of August 26, 1991
Page 3
Workman moved approval of the 17 foot variance to allow the 3 decks
to remain contingent upon obtaining a building permit and making
any necessary corrections, deck not to be used until final
inspection is granted, no portion of the deck located within the
setback is to be expanded in the future, no water oriented use
accessory buildings to be located in the 75 foot setback area and
also condition upon the applicant agreeing in writing to bear all
responsibility for defending against any action that may be taken
by the DNR to contest the variance. Chmiel seconded the motion.
' Workman and Chmiel voted in favor of the motion and Watson was
opposed.
The item will be appealed to the City Council on September 9, 1991.
' C. W. FREEMAN FOR A VARIANCE TO ALLOW A SECOND SUMMER RESIDENCE TO
BE LOCATED ON PROPERTY ZONED RSF AND LOCATED ON LOTS 8-10 AND A
PORTION OF LOT 7. SUNSET HILL. 7431 DOGWOOD ROAD.
Aanenson gave the staff report.
' Acting Chair Watson indicated that she had received a letter from
Janet M. Quist in support of the action tonight.
Aanenson indicated that she had received a call from a party that
did not wish to give his name, who indicated that he had signed the
Jessup petition in favor of this request. However, the caller
indicated that he was not in fact in favor of it and claims to have
signed the petition under some duress.
The applicant described his request. He indicated that he
originally had four homes and that the guest house had been on the
site for 43 years. He stated that it was in family ownership and
he was going to retire with his wife, to the new home. He stated
that they needed the old cottage solely for family gatherings. He
indicated that this is not the first guest house on the lake and
that a garage located on the adjacent property had been used in a
guest house in the past, although it no longer was in use. Mr.
Freeman acknowledged that he did sign the building permit prepared
by staff which contained the condition that the guest house either
be removed or made uninhabitable prior to obtaining a certificate
of occupancy. However, he implied that he was forced to sign to
obtain his building permit. He believed that his septic system was
over built and fully capable of accommodating the two units.
Martin Jones, a neighbor, testified that the cabin was there since
before he moved in the neighborhood in 1950 and he spoke in support
of keeping it.
1 Workman questioned about the precedence setting value if this were
to be approved.
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Board of Adjustments and Appeals
Minutes of August 26, 1991
Page 4
Krauss indicated that the precedent of allowing two homes on a lot
could potentially cause problems elsewhere.
Mayor Chmiel questioned the street right-of-way for Dogwood vis-a-
vis
the location of the home. He inquired as to whether or not the
city could put a notice in the chain-of-title that would notify a
new owner that you would be obligated to make the dwelling
uninhabitable.
City Attorney Knutson indicated that this was not possible. If a
variance were to be approved, the variance runs with the property
and therefore would not cease to be valid simply because property
ownership changed hands. In the future, someone could challenge
the imposition of conditions on the variance and would probably
prevail.
The Board decided to table action on the variance request and
directed the City Attorney to develop an ordinance amendment that
would allow for the location of a guest home on a RSF lot. They
indicated to the applicant that they would consider such an
ordinance change in future but did not guarantee that it would be
adopted and that Mr. Freeman would be obligated to abide by
whatever decision is taken in the future. I
Krauss inquired as to how to administer this request since it was
originally our intent not to issue the certificate of occupancy for
the new home until the guest house either removed or rendered
uninhabitable.
After some discussion it was agreed that the City Attorney would I
draft a document to be signed by the applicant which would obligate
him to abide by whatever conditions are imposed in the future.
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LPL.,- , , Yv .)uiv , oLu i i rtLr75 , r .H UC t t5 i`31 1-1 :2- No .UU5 F .02
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CAMPBELL, KNUTSON, SCOTT & FUCHS, PA.
Attorneys at Law
,
` Thomas I,(;Htnpkll ((i12)452.5000
J nj .t N.Knursan FaX (612)451.5550
Thomas M.Scutt
(i;1ry(i.Ivch.
1 Jaws R.Vt'alston
Elliott R.Kncthcli
October 7, 1991
I
BY FAX AND MAIL
IMs. Sharmin Al--Jaff
Chanhassen City Hall
690 Coulter Drive, Box 147
IChanhassen, Minnesota 55317
RE: Freeman variance Request
1 .
Dear Sharman: •
The Board of Adjustments directed me to draft language that
would allow the Freemans to occupy their new house without
removing the plumbing from the existing house pending the Board's
and Council 's decisions on the variance and ordinance amendment.
1 I suggest that a temporary certificate of occupancy be
issued which provides:
IIf the City denies the variance to allow two houses on one
lot, this certificate of occupancy shall expire thirty (30)
days thereafter unless:
(1) we disconnect the plumbing from the existing house
on our lot, or
I (2) the City amends its zoning ordinance to allow two
homes on one lot and we are given permission by the City to
Ihave two houses on our lot.
The Freemans should be required to sign the certificate of
occupancy consenting to its terms.
Very truly yours,
I C PBELL KNUTSON, SCOTT
CHS, PA.
I Y.
-roger N. Knutson
RNK:srn
I
ISuite 317 • Faganciale Office Center • 1.380 Corporate Center Curve • Eagan, MN 55121
ZOA for Accessory Dwellings
October 2, 1991
Page 3
MI
3 . The accessory dwelling must have been constructed at least ten
years prior to the construction of the principal dwelling.
Staff was directed to process the ordinance amendment by the Board
of Adjustments in reaction to the variance request. It should be
noted that staff could not find justification for granting the 11
variance and was recommending denial.
Even though the zoning ordinance amendment is formulated to be
fairly site specific, staff is not comfortable with approving an
ordinance amendment which would allow accessory dwellings. Each
year staff receives several requests from lots adjacent to lakes
who have existing accessory structures and wish to convert them to
a summer cabin. There is the potential for such accessory
dwellings to become rental properties without the city being aware
of the situation.
Staff is not in favor of the proposed ordinance amendment.
RECOMMENDATION I
Staff recommends the Planning Commission recommend denial of the
zoning ordinance amendment allowing accessory dwellings_.
ATTACHMENTS
1. Board of Adjustments and Appeals minutes dated August 26,
1991.
2. Staff report.
3. Proposed ordinance amendment. I
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Board of Adjustments and Appeals
Minutes of August 26, 1991
Page 3
Workman moved approval of the 17 foot variance to allow the 3 decks
to remain contingent upon obtaining a building permit and making
any necessary corrections, deck not to be used until final
inspection is granted, no portion of the deck located within the
setback is to be expanded in the future, no water oriented use
accessory buildings to be located in the 75 foot setback area and
also condition upon the applicant agreeing in writing to bear all
responsibility for defending against any action that may be taken
by the DNR to contest the variance. Chmiel seconded the motion.
Workman and Chmiel voted in favor of the motion and Watson was
opposed.
The item will be appealed to the City Council on September 9, 1991.
rC. W. FREEMAN FOR A VARIANCE TO ALLOW A SECOND SUMMER RESIDENCE TO
BE LOCATED ON PROPERTY ZONED RSF AND LOCATED ON LOTS 8-10 AND A
PORTION OF LOT 7. SUNSET HILL. 7431 DOGWOOD ROAD.
Aanenson gave the staff report.
' Acting Chair Watson indicated that she had received a letter from
Janet M. Quist in support of the action tonight.
Aanenson indicated that she had received a call from a party that
did not wish to give his name, who indicated that he had signed the
Jessup petition in favor of this request. However, the caller
indicated that he was not in fact in favor of it and claims to have
signed the petition under some duress.
The applicant described his request. He indicated that he
' originally had four homes and that the guest house had been on the
site for 43 years. He stated that it was in family ownership and
he was going to retire with his wife. to the new home. He stated
that they needed the old cottage solely for family gatherings. He
indicated that this is not the first guest house on the lake and
that a garage located on the adjacent property had been used in a
guest house in the past, although it no longer was in use. Mr.
Freeman acknowledged that he did sign the building permit prepared
by staff which contained the condition that the guest house either
be removed or made uninhabitable prior to obtaining a certificate
' of occupancy. However, he implied that he was forced to sign to
obtain his building permit. He believed that his septic system was
over built and fully capable of accommodating the two units.
' Martin Jones, a neighbor, testified that the cabin was there since
before he moved in the neighborhood in 1950 and he spoke in support
of keeping it.
Workman questioned about the precedence setting value if this were
to be approved.
1 •
Board of Adjustments and Appeals I
Minutes of August 26, 1991
Page 4
Krauss indicated that the precedent of allowing two homes on a lot !
could potentially cause problems elsewhere.
Mayor Chmiel questioned the street right-of-way for Dogwood vis-a-
vis the location of the home. He inquired as to whether or not the
city could put a notice in the chain-of-title that would notify a
new owner that you would be obligated to make the dwelling
uninhabitable.
City Attorney Knutson indicated that this was not possible. If a
variance were to be approved, the variance runs with the property
and therefore would not cease to be valid simply because property
ownership changed hands. In the future, someone could challenge
the imposition of conditions on the variance and would probably
prevail.
The Board decided to table action on the variance request and
directed the City Attorney to develop an ordinance amendment that
would allow for the location of a guest home on a RSF lot. They
indicated to the applicant that they would consider such an
ordinance change in future but did not guarantee that it would be
adopted and that Mr. Freeman would be obligated to abide by
whatever decision is taken in the future.
Krauss inquired as to how to administer this request since it was
originally our intent not to issue the certificate of occupancy for
the new home until the guest house either removed or rendered
uninhabitable.
After some discussion it was agreed that the City Attorney would
draft a document to be signed by the applicant which would obligate
him to abide by whatever conditions are imposed in the future.
. 1
; I T Y OF CHAIIAEN s�A DATE:DATE: Aug. 26, 1991
� CC
�> CASE #: 91-11 VAR
By: Al-Jaff:v
STAFF REPORT
PROPOSAL: Variance to Allow Two Principal Buildings to be Erected
on a Single Building Lot and a 28 Foot Variance to the
' Required 30 Foot Front Yard Setback for the Purpose of
Z Keeping a Summer Cabin
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U LOCATION: Lots 8, 9 and 10, and a portion of Lot 7, Sunset Hills on
I if,
Lake Minnewashta - 7431 Dogwood Road
APPLICANT: C. W. and Barbara Freeman
II Q 5808 Crescent Trail
Minneapolis, MN 55436
PRESENT ZONING: RSF, Residential Single Family
Y
ACREAGE: Approximately 102,000 square feet
DENSITY:
' ADJACENT ZONING AND
LAND USE: N - RSF
11 g S - RSF
E - RR and Dogwood Road
W Lake Minnewashta
Q WATER AND SEWER: Not available.
W PHYSICAL CHARACTER. : The site is a riparian lot to Lake
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Minnewashta. . It contains a residence -under
(f� construction. The site is also heavily
' wooded.
2000 LAND USE PLAN: Large Lot Residential
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11 Freeman Variance
August 26, 1991
Page 2
IAPPLICABLE REGULATIONS
1 Section 20-902, Multiple principal buildings on the same lot states
that in any single family detached residential district, not more
than one principal building shall be permitted to be erected on a
single building lot.
' BACKGROUND
' In May, 1991, the City issued a building permit for a residence to
be located at 7431 Dogwood Road. The site originally contained 3
cabins. Two of those cabins have been demolished. The third
11 constructed.cabin remains and a new 4 bedroom residence is being
constructed. Staff approved the building permit for the new
residence with the condition that it be recorded in the chain of
title of the property that the existing structure located on the
' easterly portion of Lot 8 (the remaining summer cabin) not be used
for habitation. Water and plumbing shall be disconnected prior to
issuance of a certificate of occupancy.
The site is comprised of several underlying lots which have been
combined into a single tax parcel. The existing dwelling is
setback only 2 feet from the Dogwood Road right-of-way.
Staff would normally have asked that all pre-existing dwellings be
removed as a condition of obtaining the building permit. However,
on a similar request elsewhere in the community the owner asked
that he be allowed to maintain the dwelling as a storage
building/playhouse. . Staff allowed this to occur but stipulated
that all power and utilities be disconnected to ensure that it
would not be used for habitation. We also had a notice placed in
the chain of title indicating that the building was not to be used
as a dwelling. Given this prior experience we decided to offer the
' same flexibility to this applicant.
We understand the applicant's desire to offer housing for his
family on vacations and outings. We further note that the current
condition of the site with one new home and one old cottage in
place of three cottages, represents an improvement. However, we
cannot find a rationale to support the request.
On August 5, 1991, the applicant submitted a variance application
requesting to continue the use of the summer cabin.
ANALYSIS
' A variance may be granted by the Board of Adjustments and Appeals
or City Council only if all of the following criteria are met:
I
Freeman Variance
August 26, 1991
Page 3
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. I
* Staff conducted a survey within 500 feet of the subject
property and discovered that there are a number of
structures that are located within the front yard
setback, except that those structures are accessory
structures consisting of garages and sheds. Allowing a
summer cabin to remain within the front yard setback will
create a precedent and will depart from the standards set
in that neighborhood. More importantly, allowing two
dwellings to remain on a single parcel creates a new
precedent of some concern to staff.
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 in the same
subdivision.
c. That the purpose of the variation is not based upon a desire 1
to increase the value or income potential of the parcel of
land.
* The purpose of the variation is not based upon a desire
to increase the value or income potential of the parcel
of land. .. I
d. That the alleged difficulty or hardship is not a self-created
hardship. ,
* The difficulty or hardship is self=created. The city has
an obligation to ensure that a lot is used in a manner
consistent with our codes. The new dwelling, which is a
4 bedroom home, meets the criteria.
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.
11 Freeman Variance
• August 26, 1991
Page 4
11 * Granting of this variance will result in setting a
precedent within this neighborhood and introducing new
standards. Furthermore, the existing septic system
cannot accommodate two units and the Building Official
has indicated in his attached memo that a new septic
' design be submitted for approval.
f. That the proposed variation will not impair an adequate supply
of light and air to adjacent property or substantially
11 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
1 neighborhood.
* The applicant has indicated in his letter that he is
' requesting to use this cabin during a limited time period
during the summer season. However, it is very possible
that a future owner of this residence would rent out the
cabin and congestion could result on Dogwood Road,
' especially since this road is a dead end and substandard
in width.
The applicant is requesting a variance to locate two principal
structures (residential units) on a single building lot. This
request violates the Zoning Ordinance requirements of Section 20-
902.
Staff made the applicant aware of the city ordinance at the time
the building permit was requested. We further attempted to give as
1 much flexibility as possible by not requiring that the dwelling be
removed, only made uninhabitable and that provisions be made to
properly notify all future owners of the property.
' The lot has an existing on-site sewage treatment system. At the
time the building permit was issued for the construction of the new
four bedroom dwelling, it was understood that the applicant would
' be using the existing on-site sewage treatment system. This system
can handle up to 720 gallons of effluent per day. City Code
requires a 4 bedroom dwelling to have a minimum of 600 gallon
capacity. Assuming that the cabin (summer house) is a type III
dwelling unit which is the least restrictive the Code permits, an
additional 180 gallons is required. Based upon the above, for the
two units to be using the same septic system, a mound must be sized
to handle at least 780 gallons per day.
Based upon the foregoing, staff is recommending that the variances
be denied.
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Freeman Variance
August 26, 1991
Page 5 I
RECOMMENDATION
Staff is recommending that the Board of Adjustments and Appeals I
deny Variance Request #91-11 for reasons defined in the report.
ATTACHMENTS ,
1. Memo from Building Official dated August 20, 1991.
2. Letter from applicant.
3. Petition from neighborhood.
4. Site plan.
5. Copy of special conditions attached to the building permit.
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CITYOF
1
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX(612) 937-5739
MEMORANDUM
' TO: Sharmin Al-Jaff, Planner I
FROM: Steve A. Kirchman, Building Official 44k,
DATE: August 20, 1991
SUBJ: Variance, 91-11 (Freeman)
I
Background:
A building permit was issued for a new 4 bedroom dwelling using the
existing onsite sewage treatment system. The City has plans for the
existing system. It is a mound, and it would appear that it is sized
' to handle 720 gallons of effluent per day. The building permit was
issued with the understanding that the existing dwelling(s) were to
be removed from the septic system.
Analysis :
Individual Sewage Treatment System Standards, Chapter 7080, which is
' part of the chanhassen City Code, contains the requirements for system
sizing. 7080.0170 states "The minimum daily sewage flow estimated for
any dwelling shall provide for at least two bedrooms . For multiple
' residential units , the estimated daily sewage flow shall consist of
the sum of the flows of each individual unit. " Based on this, the
mound at 7431 Dogwood must be sized to handle at least 780 gallons per
day. This estimate is based on the new 4 bedroom dwelling (600
gallons) , and an assumption that the existing dwelling is two bedrooms
or less and is a type III dwelling (180 gallons) . This is the least
restrictive the code permits. Based on this the existing system is
' too small .
Recommendation:
' I recommend a new individual 'sewage treatment system design be
submitted for both dwellings as a condition of approval for a
variance. Occupancy of the new dwelling will not be permitted with
both dwellings using the current septic system.
to PRINTED ON RECYCLED PAPER
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VARIANCE REQUEST
FOR FREEMAN PROPERTY ON SUNSET HILL.LAKE MINNEWASHTA
This property has been in the family for about 50 years.My wife and I have owned the property since
1962. The property consists of lots 8,9 and 10 plus 213 of lot 7 on the cast shore of Lake
Minnewashta. Before this year there were three summer cabins on the property. Two of these cabins
were demolished to build one year around house. The third summer cabin remains. In order to obtain
a building permit we were required to sign a paper guaranteeing that the third house would not be used
for habitation. It is this point for which we are requesting a variance.
This property has been a gathering point for our family for more than 40 years. The house in question
has been used as a guest house for that period of time. The house is not winterized and in fact is not
worth winterizing. All plumbing is useable only in the summer. We would like to continue to use the
house as a place for our children and our grandchildren to spend a few weeks in the summer. Total
summer usage in the past few years has been no more than three weeks. We do not anticipate that
that will increase.
The plumbing has currently been disconnected as per the building permit request.
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I TITION FOR VARIANCE,RE.
FREEMAN RESIDENCE — 7431 DOGWOOD ROAD `
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The undersigned neighbors of the C.W.Freeman's at 7431 Dogwood Road.Excelsior.Mn.55331
Isupport their request for a variance to allow them to continue to use their guest house on Lot 8 Sunset
Hills. It has been used for forty years as a guest house. The house is never to be used for year
I around living and never to be rented. It is to be used by members of the family such as children and
grandchildren..
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CITYOF
1 CHANHASSEN
to
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
'k NOTICE FOR APPLICANTS FOR BUILDING PERMITS
1 FOR NEW SINGLE FAMILY AND DUPLEX HOME CONSTRUCTION
Address 74-31 Dirnu... 'W .
I Lot-7,5,9, 1 o Block
5e}- A i t l or Ls M i rr\-u,YLSM-ck
The following are required by City Ordinance and are a condition of Building
Permit approval:
1 1. All disturbed areas must be seeded or sodded to prevent erosion.
1 2. Unless already on the site, at least one tree must be planted on private
property in the front yard setback of each lot. The tree must be deciduous
at least 2 1/2" in diameter at the time of installation.
1 3. Erosion control must be maintained throughout the construction period and
until new vegetation is established.
I4. All public streets must be maintained in a clean condition.
5. Drainage and grading must be completed in compliance with approved plans.
1 r. Additional requirements relating to tree preservation, landscaping drainage,
placement and elevation of the home and related issues may be imposed. These
requirements are conditions of approval as granted by the City Council. It
1 is your obligation to maintain erosion control, tree preservation, drainage,
and condition of public streets during construction of the home.
SPECIAL (XN)ITIONS:
1 i'ha\- que, sx1.4ir c t& l
.- � f L c-u"e 4c.-011P.a an #INP_ E'ASV PC5t42tOi'1 0�
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s 4 + no b- u f r .n_
-jhAll be. * ti cor) k--- prior t- 15suance of- CA-C-Q, • ��•
Failure to comply with these requirements could result in the issuance of a stop
1 work order. Certificates of Occupancy will not be issued until all conditions
have been complied with. If the conditions cannot be met prior to requesting a
CO due to weather or other circumstances, financial guarantees satisfactory to
' the City must be provided prior to release of the CO. The amount of the guaran-
tee will be established by City staff. Financial guarantees for seed/sod and
the tree is $750.00
ii have read this notice and fully understand its requirements.
IIApplicant Signature Date
s. \-\ _ ,A YTO 5--10 -qt
City Staff Date
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. ,
AN ORDINANCE AMENDING CHAPTER 20 OF
THE CHANHASSEN CITY CODE, THE ZONING
ORDINANCE, CONCERNING ACCESSORY DWELLINGS
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THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-1 of the Chanhassen City Code is
amended by adding the following definition: I
Accessory Dwelling: A second dwelling unit on the same lot
as a single family dwelling for use by the household
employees, relatives, or social guests of the occupant of
the main dwelling.
Section 2. Chapter 20 of the Chanhassen City Code is
amended by adding Section 20-266 to read as follows: '
Sec. 20-166. Accessory Dwellings.
The following applies to accessory dwellings: '
(1) The floor area of the accessory dwelling may not
exceed fifty percent (50%) of the floor area of the
principal dwelling.
(2) The accessory dwelling may not have a separate
driveway curb cut.
(3) The accessory dwelling must have been constructed
at least ten (10) years prior to the construction of the '
principal dwelling.
Section 3. Section 20-614 of the Chanhassen City Code is '
amended by adding subparagraph (2) to read as follows:
(2) Accessory dwelling. '
Section 4. This ordinance shall be effective immediately I
upon its passage and publication.
08/28/91 1
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PASSED AND ADOPTED by the Chanhassen City Council this
Y Y
day of , 1991.
ATTEST:
' Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
' (Published in the Chanhassen Villager on , 1991. )
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I BOARD OF ADJUSTMENTS AND APPEALS
MINUTES FOR SEPTEMBER 23, 1991
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BOARD MEMBERS PRESENT: Willard Johnson, Carol Watson and Tom
Workman.
STAFF PRESENT: Paul Krauss, Planning Director, Kathryn Aanenson,
Planner II and Sharmin Al-Jaff, Planner I.
The meeting was called to order at 6:00 P.M.
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.
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.
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.
Aanenson presented the staff report.
Alan Dirks stated that the present side yard setback is 711 feet and
they wanted to maintain that setback.
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BOA Minutes I
September 23, 1991
Page 2 1
Johnson moved to approve the 71 foot side yard setback and deny the
variance for a front yard setback. Johnson stated that there is
not a hardship and approval of the front yard setback variance
would create a precedent. Tom Workman seconded the motion. All
voted in favor. '
A variance for an addition to a single family residence on -a non-
conforming lot (10, 000 su. ft. ) on property zoned RSF and located on
Lots 3211-3215, Carver Beach, 580 Foxhill Drive, Randy Schlueter.
Al-Jaff presented the staff report.
Randy Schlueter stated that he has had two architects help design
this addition. He presented the Board with a model of the house
and Watson stated that this is an excellent way of giving the Board
an idea as to what the final result is going to look like.
Workman moved to approve the variance. Watson seconded the motion.
Watson added the condition that the applicant maintain the natural
drainage on the site. All voted in favor and the motion carried.
A 30 foot variance to the required 75 foot wetland setback for the
construction of a deck on property zoned RSF and located at 7021
Cheyenne Trail, Don and Barb Brettin.
Al-Jaff presented the staff report.
Workman noted that the applicant will not be establishing a
precedent and made a motion to approve the 30 foot variance to the
required 75 foot wetland setback with the condition that the
applicant maintain erosion control during construction, and re-
establish vegetation. Johnson seconded the motion. All voted in
favor and the motion carried.
Watson moved to approve the minutes. Workman seconded the motion.
Johnson abstained as he was not present at the previous meeting.
The meeting was adjourned at 7:25 p.m.
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