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7. Setback Variance 620 FoxHill drive 7 CITY OF BOA DATE: Feb. 12, 1990 � '1 , cuANHAssrs C.C. DATE: , CASE NO: 89-16 Variance Prepared by: Al-Jaff/v Ii- . I STAFF REPORT 1 PROPOSAL: A 1 Foot 11 Inch Rear Yard Variance to Enlarge an Existing Non-Conforming Shed Action by City Admirgstrator Z Endo: _�/ Ify V LOCATION: 620 Fox Hill Drive 1,`,3oi '"°"_ 1 Dctc S'_ .,. ..., to Vciirn:s3i0 El James McAllister D°tE. `'-a:''`'d.t" t'`"{cti APPLICANT:Q ` 620 Fox Hill Drive oc ` 1°4 " 50___ Chanhassen, MN 55317 Ii IPRESENT ZONING: RSF, Residential Single Family IACREAGE: 27,200 square feet DENSITY: I ADJACENT ZONING AND LAND USE: N- RSF; single family Ia S- RSF; single family E- RSF; single family 0 W- RSF; single family Li .WATER AND SEWER: Available to the site. PHYSICAL CHARAC. : 1 2000 LAND USE PLAN: Low Density Residential 1 , . 11 lair.' ,IS �pow RD-: I:: mem ma\ ,,,_,n„.." ,r-r1 ,,,.! �� � ilk w- t TR_ APL' � ® ` � r� _ _ � te E 1 t �� � R Fes•_ ' � 'o �.� ,� ilso i 0 A- — - : 41.40.,41.1 . ;;DIPAINcli ‘ ,!.•nll.1�•�jl1 1:�mi�ia .�. w .fir �; IFZI midi ■■,rifficullt, ,�-.j, �j i if PLC IOW .v I i �� m 1 69JJ! ‘1777:0. ‘%141,c, l'-'-';-' A N -"------- V irar �'i, 00' t '! k•= S ° aT ` / 'ZAINO �� , ,� !�� rt ` tQC A T I N A em;rnit4.4. . 1141:00,01_ __,„, L • LAKE LUC Y ! ar. ■ a..^..4.."! r ._ ,�rrril11Vra% D ` I j VOL IP III.11 :AP g t-A- MI6 \An 1441. .. A k inR1/3 allighillat‘ $731a" .-416 1":4144P IS* "" R 4 ■nnc:• m I ° `. ' Rook 1 • ' - `) 1111- . ' / . vY.4,- #4114 1 I ..' E ...AI,. oP LAIICE ANN RS w . * -J ,; 1Ab: ■ ► s„ m �M ■■ D W , _i a..,, er,, 'l, _,_ _ _ BM ii;a g . Ait4i 41., ,11;01 iki; Op!Imrd t R4 1øfa _ RR - rill - - R 121- p� - -- .� Nom • ow! . J .A R 12• . Mr_ =u Mai -C .M �G Mir I 4 .P- .d_�w `� .. . i■�i =OUP E VA RD •• "a� `•- s,i, T 'CUP '\T; I W V ,i McAllister Variance II February 7, 1990 Page 2 I APPLICABLE REGULATIONS Section 20-904 (b) of the Zoning Ordinance requires accessory 1 structures to have a minimum of 5 feet setback from the rear lot line (Attachment #1) . II Section 20-71 of the Zoning Ordinance prohibits nonconforming structures to be enlarged (Attachment #2) . ANALYSIS The applicant rebuilt an 8 ' x 12 ' shed which was destroyed by I fire on December 26, 1988. The new shed measuring 16 ' x 16 ' was larger then the original and was built without obtaining a permit I from the city. The applicant enlarged the easterly portion of the shed. This addition requires a 1' 11" foot variance. The applicant stated that the portion for which he needs a variance for had been formerly occupied by an unenclosed rabbit pen. I Structurally, the shed is built up to code. The Board of Adjustments and Appeals shall not recommend and the II Council shall not grant, a variance unless they find the following facts : A. That the literal enforcement of the Ordinance would cause 111 undue hardship and practical difficulty. * The literal enforcement of the ordinance will not create a hardship since the applicant has use of the property and could have replaced the shed with a permit in a suitable location. B. That the hardship is caused by special conditions and cir- 1 cumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands of structures in the same district. I * The applicant had the option of shifting the building to the south by 1'11" to avoid having to apply for variance. 1 C. That the granting of the variance is necessary for the preser- vation and enjoyment of substantial property rights. I * The applicant has use of the property. D. That the special conditions and circumstances are not a con- I sequence of a self-created hardship. * The circumstances is a self-created hardship. The applicant I is well acquainted with the building permit procedure as he had applied for more than two building permits previously. Had he applied as required, staff would have advised the applicant to change the location of the shed. I II McAllister Variance February 7, 1990 Page 3 ' E. That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City of the neighborhood wherein the property is situated and will be ' in keeping with the spirit and intent of the Ordinance. * Granting of the variance will not be in keeping with spirit and intent of the ordinance. ' DISCUSSION The variance is a minor one but one that is not supported by any hardship. There is one other shed on an adjacent lot that is located only 4 '11" from the property line that technically results in a 1" variance. If this variance in fact does exists, it is grandfathered in. The Board and City Council should be aware that all measurements used in this report are from data provided by the applicant. We believe it is reasonably accurate ' but not fully reliable given the small setbacks being discussed. RECOMMENDATION Staff is recommending denial of Variance Request #89-16 for a 1 'll" rear yard variance as shown on the site plan dated December 12, 1989, for the reasons outlined above. ATTACHMENTS 1. Zoning Ordinance Section 20-904 (b) . 2 . Zoning Ordinance Section 20-71. 3 . Existing features and proposed site plan dated June 8, 1989. 4 . Application. I I ZONING § 20-904 Secs. 20-816-20-900. Reserved. ARTICLE XXIII.GENERAL SUPPLEMENTAL REGULATIONS DIVISION 1.GENERALLY Sec. 20-901. Overhead transmission lines. ' Installation of overhead transmission lines in excess of sixty-nine (69) kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. (Ord. No. 80,Art.VI, § 2, 12-15-86) Sec. 20-902. Multiple principal buildings on same lot. In any single-family detached residential district not more than one(1)principal building shall be permitted to be erected on a single building lot. Groupings of buildings in other districts may only be permitted by conditional use permit. (Ord.No. 80,Art.VI, § 3, 12-15-86) Sec. 20-903. Temporary structures and uses. ' The city may authorize as a conditional use the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed for the , district in which the property is located,provided that such use is of a necessary and tempo- rary nature and does not involve the erection of a substantial structure or substantial alteration of the premises.The city council may grant a conditional use permit for such use for not more than twelve(12)months. (Ord.No. 80,Art.VI, § 4, 12-15-86) Sec. 20-904. Accessor structure ' y s. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in the required front or side yard. (b) A detached accessory structure may occunv not more than thirty (30) percent of the pea of any rear yard, provided that no detached accessor structur hall be placed nearer than five(5)feet from any rear lot line. ' (c) In any residential district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building but may be erected simultaneously. (Ord. No. 80,Art.VI, § 5, 12-15-86) Akchrie.nf # I 1229 ' I § 20-58 CHANHASSEN CITY CODE (3) That the granting of the variance is necessary for the preservation and enjoyment of ' substantial property rights. (4) That the special conditions and circumstances are not a consequence of a self-created hardship. (5) That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood wherein the property is ' situated and will be in keeping with the spirit and intent of this chapter. (Ord. No. 80,Art. III, § 1(3-1-3(2)), 12-15-86) ' Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: ' (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the ' maintenance of one(1)driveway and one(1)main entry. (3) Separate utility services are not established(e.g. gas,water,sewer, etc.). ' (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. ' (Ord. No. 80,Art. III, § 1(3-1-3(2)), 12-15-86) Sec. 20-60. Denial. ' Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No.80,Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. DIVISION 4. NONCONFORMING USES Sec. 20-71. Nonconforming buildings and uses. ' The lawful use of a building or land existing on February 19, 1987 may be continued, although such use does not conform with the provisions of this cha tamer. Except as otherwise 4n1-771 Ted, nonconforming uses shall not be extended or enlarged. (Ord. No. 80, Art. III, § 5(3-5-1), 12-15-86) Sec. 20-72. Nonconforming lots of record. Single-family lots in the A-2 and RR Districts established prior to February 19, 1987 shall be deemed as buildable lots. In the RSF and R-4 districts, notwithstanding limitations im- ' 1162 Achrnen I I I fk6ocilme,rit )c 5 1 I I 1 `D SMED 1 17._Y tZ W fi'`r M it 2 1 � 66 RKEN ,1QLA V �O R0 \` iowM1r.i.. oR - ' sli KEGAt. — ■ \ Ewa- . 5rtE0 1Gxl � L ets3t49, 3 i ot� $ \ I o -.. !/:p 1 1 1 3 � k qt ic stiut. 2 J Exi o 1 SfRUCruitE � I 1b 4 H o V v 1 I 414-= II LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN , 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 1. _ IAPPLICANT: �jjj 47,j j'Yic -�I�sredc OWNER: cer-J •ADDRESS G.'0 �oXG.,JLj D a: I -1:.:.... .. ._ . ADDRESS C kvk'n../ s-5-3 1 Z • Zip TELEPHONE (Daytime) 93 9--D /OdCode TELEPHONE 4/70- 0/744174 Zip Code 1 REQUEST: i I Change Zoning District � • Planned Unit Development • Zoning Appeal I Sketch Plan Zoning Variance Preliminary Plan Final Plan IZoning Text Amendment Subdivision • Land Use Plan Amendment Platting II Conditional Use Permit Metes and Bounds Site Plan Review Street/Easement Vacation - Wetlands Permit PROJECT A T NAME Jle�: /�/ .5 4244 IPRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION IPRESENT ZONING S FT ,5e7 8 6C fc ill* REQUESTED ZONING _3 FT 5e-% 69-c, ' fob, Rc 1,,L„/7 st,424 . USES PROPOSED 461/(.7:42. " BhtA.),ui, s ISIZE OF PROPERTY g C rTc1 LoTS 2 O )C J 70 • LOCATION r de/L 6t'cc cA �, t°.5i, .6r/2�oog0 • • I REASONS FOR THIS REQUEST -5 A,ed I? 4.1 Dee dam, a` ,, F' C To STv74E bu, / T IGJ/9-S /24 bu,Z r /:, S e La cr)-.-o". ids Pita v�oc /.7/ , �i> _s/ U �c .� 02 ; Tw a s I LEGAL DESCRIPTION (Attach legal if necessary) PPI LT .ii- z D2 tb( der4 ah /y /„.O(_e 7l.__e ".. I ,C ,,,„ ,,..,7- i4 S�-e.-e� X X71 # 3 GZ.1G-a /114.n- �[.c �� l��B v�5 T GL2 lo� .� C(..) I L yea �'/ec.Qe � ,. ;; /l/crci(il / - ,b ch 77, ©WC. , — �•.r.Ai..iLri.._ �..raNr.a..w' •L • City of Chanhassen �. Land Development Application Page 2 • 11 FILING INSTRUCTIONS: This application must be completed I clearl P in full and be typewritten c= y printed and must be accompanied by all information and •plans required by applicable City Ordinance ' filing this application Provisions. Before to determine the specific ordinance andfproceduralerequirements applicable to your application. s 1 • FILING CERTIFICATION: IThe undersigned representative of the applicant hereby certifi that he is familiar with the procedural requirements of all es applicable City Ordinances . • 411111k 111P . Signed Bye AO, - Applicant _ Date 442 I . 1 The undersigned hereby certifies that the applicant has been authorized to make this application for the described. property herein •Signed By I Fee Owner Date I I. • Date Application Received Application Fee Paid I. City Receipt No. 1 1 * This Application will be considered by the Planning Commission Board of Adjustments and Appeals at their ' 1/ meeting. 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