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9 Variance 6570 Chanhassen RoadCITY OF PC DATE: 6/2/99 CC DATE: 6/28/99 CASE #: 99-2 VAR By: A1-Jaff/v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: A 578 square foot variance from the 1,000 square foot maximum allowable accessory structure size. .. South of Fox Hollow Drive and west of Chanhassen Road - 6570 Chanhassen Road Charles Klingelhutz 6570 Chanhassen Road Chanhassen, MN 55317 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE: WATER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: RSF, Residential Single Family 73,702 square feet (1.697 acres) N/A N - PUD-R; Planned Unit Development-Residential S - PUD-R; Planned Unit Development-Residential E - Chanhassen Road, City of Eden' Prairie W - PUD-R; Planned Unit Development-Residential Available to the site. The site contains a single family home, two sheds and a garage. Low Density Residential Klingelhutz Variance June 28, 1999 Page 2 PLANNING COMMISSION UPDATE On June 2, 1999, the Planning Commission reviewed this variance request. By an unanimous vote, the commission denied the variance. The commission believed the applicant could demolish existing accessory structures, decrease the size of the proposal or attach the garage to the existing home. The applicant is appealing the commission's decision to deny the request. The applicant has indicated that he is willing to demolish one or two accessory structures. APPLICABLE REGULATIONS The Zoning Ordinance states "In the RSF and R-4 Districts, accessory structures shall not exceed one thousand (1,000) square feet." The Zoning Ordinance requires all single family residences to have a two car garage. BACKGROUND On May 13, 1999, staff sent the applicant a letter explaining that the City received a complaint regarding outdoor storage of unlicensed vehicles at 6570 Chanhassen Road. An inspection revealed that two vehicles had expired license plates. The City Code specifically prohibits the outdoor storage of vehicles that do not have a current license. The applicant was given a deadline of May 3, 1999 to remove the vehicles from the property. The applicant is requesting to build a 960 square foot garage to store the vehicles. ANALYSIS The applicant is requesting a variance to build a 960 square foot accessory structure on property zoned RSF, Residential Single Family. The site is located south of Fox Hollow Drive and west of Chanhassen Road. Access is gained via Chanhassen Road. The site currently contains three accessory structures. An 8 foot by 10 foot and 12.3 foot by 20.3 foot sheds, and a 12 foot by 24 foot garage. The total area of existing accessory structures is 618 square feet. The ordinance limits the total area of accessory structures in the RSF district to 1,000 square feet. The applicant is requesting to add a 960 square foot garage (30 foot by 32 foot) to store vehicles. This will bring the total area of accessory structures on the site to 1,578 square feet. The applicant would be permitted a structure no larger than 382 sq. ft. to stay within the 1,000 sq. ft. requirement. The Zoning Ordinance requires all single family homes to have a two car garage, with a 30 foot front yard and a 10 foot side yard setback. The applicant has the option of building an attached garage with no size limitation. Klingelhutz Variance June 28, 1999 Page 3 The applicant could eliminate the need for a variance by removing the existing garage, the 20.3 foot by 12.3 foot shed and reduce the size of the proposed garage to 920 square feet to meet the requirements of the ordinance. Another option is to store some of the vehicles off site. The property owner has reasonable use of the property and staff fails to find to find a hardship to allow such variance. FINDINGS The Planning Commission shall not recommend and the City Council shall not grant a variance unless they find the following facts: ao That the literal enforcement of this chapter would cause 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 and develop neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. * The applicant has reasonable use of the property. The site contains a single family home and 618 square feet of accessory buildings. The ordinance also mandates that staff survey the surrounding area within 500 feet. Through a field survey, staff looked at the properties within the neighborhood and found that none of the sites contain accessory structures that exceed 1,000 square feet. If approved, this variance will create new standards. be 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 applicable generally to other properties within the same zoning classification outside of the immediate area. Co The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the variance is not based upon a desire to increase the value or income potential of the parcel of land. d. The alleged difficulty or hardship is not a self created hardship. * The hardship is self created. The applicant can minimize the number of vehicles Klingelhutz Variance June 28, 1999 Page 4 stored on site or reduce the size of the accessory structures to meet the maximum allowable space of 1,000 square feet. eo The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. The granting of the variance will not be detrimental or injurious to other land or improvements in the neighborhood. 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 proposed variance 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. RECOMMENDATION Staff recommends the City Council adopt the following motion; "The City Council denies the variance request #99~2 for a 578 square foot variance from the 1,000 square foot maximum accessory structure size based upon the findings listed in the staff report.' ATTACHMENTS 1 Application/Letter and Appeal Letter 2 Section 20-904, Accessory Structures 3 Site Plan 4 Property Owners List 5 Planning Commission minutes dated June 2, 1999. \\cfs 1 \vol2\plan\ck\klingelhutz.var.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION CITY OF CHANHASSEN APR gl 1999 ADDRESS: (-~' g-7,= Ck,,, ~ss,., d~. TELEPHONE (Day time) OWNER: ADDRESS: TELEPHONE: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Temporary Sales Permit Vacation of ROW/Easements ,, t~Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing Fees/Attorney Cost*" ($50 CUPISPRNACNAPJW APIMetes and Bounds, $400 Minor SUB) TOTALFEE$ Site Plan Review* Subdivision' A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/=" X 11" reduced copy of transparency for each plan sheet. '* Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. ' NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION .PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ~ ~'.,~ /'.- :, , : --', .. ~-,- ;.,.:,..~. ~,-~ -,--:'... /,¢..,. ~ .~,.~/ ¢¢¢,'~,' .. This applica{ion must be ~mpleted in full and be ~pewd~en or clearly pri~ed and ~ ~ a~mpanied by all i~o~ation and plans required by applicable C~ Ordinance provisions. Before filing this appli~ion, you s~uld. ~er web the Planning Depa~ment to determine the spec~ic ordinance and pm~dural requireme~ ~plic~le to ~ur ~plication. This is to certify that I am making application for the described action by the City and that ! am responsible fo/' complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. ,' also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded- against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. Signature of Applicant Date Signature of Fee Owner ~pfication Received on Date Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which w~ll be available on Friday prior to the 'nearing. if not contacted, a copy of the report will be mailed to the applicant's address. RECEIVED APR :~ 8 1999 CITY OF CH^NH^$$EN RECEIVED ~JUN'- 8 1999 CITY OF CHANHASSEN ZONING § 20-904 (2) Concrete mixing plants. (Ord. No. 120, § 3, 2-12-90) Secs. 20-817--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. Zoning lots. (a) The designation of a zoning lot shall be approved by the city planner if it complies with the lot requirements of the district in which it is located and has a single tax identification number. (b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. (c) After designation of a zoning lot the lot may not be subdivided without complying with the city's subdivision regulations. (Ord. No. 129, § 2, 6-4-90) Sec. 20-904. Accessory structures. (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 any required front, side or rear setback with the following exceptions: (1) In the RSF and R-4 Districts accessory structures shall not exceed one thousand (1,000) square feet. These structures may encroach into the rear setback as follows: a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) feet. Supp. No. 9 1232.7 § 20-904 CHANHASSEN CITY CODE b. One hundred forty-one (141) to three hundred ninety-nine (399) square feet, minimum rear setback is ten (10) feet. c. Four hundred (400) square feet and above, minimum rear setback is thirty (30) feet. (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than thirty (30) percent of the yard in which it is built. (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten (10) feet, [but] however, must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than thirty (30) percent of the area of any rear yard. (c) For parcels with less than three (3) acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed, or commenced prior to the erection, construction, or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or discontinued within twelve (12) months. (Ord. No. 80, Art. VI, § 5, 12-15-86; Ord. No. 145, § 1, 4-8-91; Ord. No. 215, § 1, 8-8-94) Sec. 20-905. Single-family dwellings. All single-family detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Conform to the following standards for living areas: a. If a one-story rambler design, have an area of nine hundred sixty (960) square feet. b. If a split level design, have an area of one thousand fifty (1,050) square feet. c. Ifa split foyer and two-story design, have an area of six hundred (600) square feet on the first floor. d. A two-car garage must be provided with the single-family structure. (3) Have an earth covered, composition, shingled or tiled roof or other materials approved by the Uniform Building Code as adopted and amended by the city. (4) Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. Supp, No. 9 1232.8 $ OO '19'45" W ---Z 34.87 .... 1040 --~00.7 ......... NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, JUNE 2, '!999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Request for a Variance APPLICANT: Charles Klingelhutz LOCATION: 6570 Chanhassen Road NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Charles Klingelhutz, is requesting a 588 sq. ft. variance from the 1,000 sq. ft. maximum accessory structure size on property zoned RSF and located at 6570 Chanhassen Road. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on May 20, 1999. --OX Smooth Feed SheetsTM Use template for 5~.60® JERRY A. NELSON 4116 44TH STREET WEST EDINA, MN 55424 RICHARD HERR 120 FOX HOLLOW DRIVE CHANHASSEN, MN 55317 KATHY GAVIN 6505 GRAY FOX CURVE CHANHASSEN, MN 55317 KEVIN PETERSON 150 BLUFF RIDGE COURT CHANHASSEN MN 55317 · JULIE FURY 20 FOX HOLLOW DRIVE CHANHASSEN MN 55317 PATRICIA AMY 6506 GRAY FOX CURVE CHANHASSEN, MN 55317 ROBERT L. PETERSON 160 BLUFF RIDGE COURT CHANHASSEN, MN 55317 BROOK BOLESTA 30 FOX HOLLOW DRIVE CHANHASSEN. MN 55317 ELBERT GINKEL 6507 GRAY FOX CURVE CHANHASSEN, MN 55317 JAMES THEIS 6400 CHANHASSEN ROAD CHANHASSEN, MN 55317 DANIEL REAGAN 31 FOX HOLLOW DRIVE CHANHASSEN MN 55317 TOM LINDEMEIER 6508 GRAY FOX CURVE CHANHASSEN. MN 55317 DALE Nd. BONGARD 6500 CHANHASSEN ROAD CHANHASSEN, MN 55317 DEBORAH & LOREN SPOSITO 40 FOX HOLLOW DRIVE CHANHASSEN, MN 55317 JEFFREY KRULIK 6509 GRAY FOX CURVE CHANHASSEN, MN 55317 CHARLES KLINGELHUTZ 6570 CHANHASSEN ROAD CHANHASSEN MN 55317 JEFF HALL 41 FOX HOLLOW DRIVE CHANHASSEN MN 55317 ROBERTA BROUGHTON 6510 GRAY FOX CURVE CHANHASSEN MN 55317 GRAYCE FLOM 6590 CHANHASSEN ROAD CHANHASSEN, MN 55317 JEFF BROWN 6500 GRAY FOX CURVE CHANHASSEN, MN 55317 JEFFERY SELLER & RONDA STRAUB 6511 GRAY FOX CURVE CHANHASSEN, MN 55317 CORY BACH 10 FOX HOLLOW DRIVE CHANHASSEN, MN 55317 JUDY SUNDERLAND 6502 GRAY FOX CURVE CHANHASSEN, MN 55317 RHONDA & JOHN ZIMMER 6512 GRAY FOX CURVE CHANHASSEN, MN 55317 JEFFREY JORGENSEN 100 FOX HOLLOW DRIVE CHANHASSEN, MN 55317 KATE LEITH 6503 GRAY FOX CURVE CHANHASSEN, MN 55317 JOSEPH FINNEGAN 6513 GRAY FOX CURVE CHANHASSEN, MN 55317 ORHAN UNER 110 FOX HOLLOW DRIVE CHANHASSEN MN 55317 DOUGLAS & NANCY ANDERSON 6504 GRAY FOX CURVE CHANHASSEN MN 55317 BRADLEY A. BROIN 6515 GRAY FOX CURVE CHANHASSEN, MN 55317 Smooth Feed SheetsTM Use tempi, ate for 5160® - & PEGGY ZOERHOF GRAY FOX CURVE ?HASSEN MN 55317 ~,EL L. SHIELDS ~RAY FOX CURVE HASSEN MN 55317 !EWHOUSE ~RAY FOX CURVE HASSEN. MN 55317 iRATZ ~RAY FOX CURVE -IASSEN MN 55317 EEN & EUGENE GREIFF ITERS COURT 4ASSEN MN 55317 ~TOTLER !TERS COURT ~ASSEN MN 55317 NT RESIDENT TERS COURT ASSEN MN 55317 IJOLD TERS COURT ASSEN, MN 55317 ~ADAN TERS COURT ~SSEN MN 55317 Y MCNEILL _=ASANT VIEW CIR ',SSEN MN 55317 DENNIS & CHRIS HANSEN 6450 PLEASANT VIEW CIR CHANHASSEN, MN 55317 JAMES NICHOLLS 6451 PLEASANT VIEW CIR CHANHASSEN MN 55317 DAVID ROBINSON 25 PLEASANT VIEW ROAD CHANHASSEN MN 55317 ROGUE L. SWENSON,JR. 35 PLEASANT VIEW ROAD CHANHASSEN MN 55317 MIKE & JULIE DOUGLAS 65 PLEASANT VIEW ROAD CHANHASSEN, MN 55317 JAMES & PAMELA ORR 6520 QUAIL CROSSING CHANHASSEN, MN 55317 JEFFREY P. BAUER 6521 QUAIL CROSSING CHANHASSEN MN 55317 KELLY & JOE FERNANDES 6530 QUAIL CROSSING CHANHASSEN, MN 55317 CHRISTINE MCKENZIE 6531 QUAIL CROSSING CHANHASSEN, MN 55317 DAVID & SHARON TUPPER 6540 QUAIL CROSSING CHANHASSEN MN 55317 DAVID PETERSON 6541 QUAIL CROSSING CHANHASSEN, MN 55317 MICHAEL & KRISTINA DUFFY 6550 QUAIL CROSSING CHANHASSEN. MN 55317 Planning Commission Meeting - June 2, 1999 A detailed grading, drainage and erosion control plans shall be submitted to the City for review and approval prior to the issuance of a building permit. 3. Type III erosion control must be maintained until all vegetation has been restored. 4. The foundation shall be designed by a structural engineer. All voted in favor and the motion carried unanimously. Peterson: The appeal from the decisions of this board, a council member, the applicant or any aggrieved person may appeal such decision to the City Council by filing an appeal with the zoning administrator within four days after the date of the Board's decision. This appeal will be placed on the next available City Council meeting which is June 28th. Thank you. PUBLIC HEARING: REQUEST FOR A 578 .SQ. FT. VARIANCE FROM THE 1~000 SQ. FT. MAXIMUM ACCESSORY STRUCTURE SIZE ON PROPERTY ZONED RSF AND LOCATED AT 6570 CHANHASSEN ROAD~ CHARLES KLINGELHUTZ. Public Present: Name Address Loren & Deb Sposito Tom & Judy Newhouse Kate Wirth Richard Herr 40 Fox Hollow Drive 6521 Gray Fox Curve 6503 Gray Fox Curve 120 Fox Hollow Drive Cindy Kirchoff presented the staff report on this item. Peterson: Questions of staff?. Seeing none, would the applicant or their designee wish to address the commission? If so, please come forward and state your name and address please. Charles Klingelhutz: ...probably was originally farm property. I have more than sufficient land to build a garage and I had it surveyed. The surveyor said you can build a 35 by 37 garage. I have more than enough...more than enough space from Highway 101... Peterson: Any questions of the applicant? Conrad: Yes Mr. Chairman. Why can't you build it and attach it to your home? Charles Klingelhutz: I do not wish to attach it to my home. Conrad: But why not? It would be legal then and then you could get done what you'd like it. 7 Planning Commission Meeting - June 2, 1999 Charles Klingelhutz: For one reason, I don't want the fumes from the cars coming in the house. Conrad: Because you're working on the cars or because? Charles Klingelhutz: Not only that but gas fumes from cars. Conrad: That's pretty standard though to have an attached garage, and that you way you could get what you'd like. Burton: Mr. Chairman I have a question for the applicant. Is it possible you could remove some of the other structures to get it down to the footage that the staff talked about? Charles Klingelhutz: It's possible to remove the milk house. Which is right by the house now. Burton: Which one's the milk house? Peterson: Removing that wouldn't still bring him into compliance, would it? Kirchoff: No it would not. Peterson: Other questions of the applicant? Kind: Could the applicant build a smaller garage? A typical 3 car garage is about 700 square feet, is that right? And then combine that with destroying one of the existing buildings to get. Charles Klingelhutz: Again, even if I built a 30 by 32, I'm still over not under 1,000 square feet, which I was told by one...it would be illegal to do it here. Peterson: Other questions? Thank you. This item is open for a public hearing. May I have a motion and a second please. Conrad moved, Joyce seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission, please come forward and state your name and address please. Seeing none, a motion to close. Conrad moved, Joyce seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners, any thoughts? Comments? Conrad: Mr. Chairman, there are some real options here to get the applicant what he wants. I think he just has to come in with a difference proposal. He can get what he likes. It won't be perfect for him but through destroying one building and whatever. If we were close, I could 8 Planning Commission Meeting - June 2, 1999 even, if we were close because he has a lot of property, I think we could consider something. But we're not close so, and there are several options here. So it's going to be hard to vote favorably for this Mr. Chairman. Peterson: Other comments? May I have a motion please. Sidney: I'll make the motion. Recommend that Planning Commission deny Variance Request #99-2 for a 577 square foot variance from the 1,000 square foot maximum accessory structure size based on the findings listed above. Burton: Second. Peterson: It's been moved and seconded. Any discussion? Sidney moved, Burton seconded that the Planning Commission deny Variance Request #99-2 for a 577 square foot variance from the 1,000 square foot maximum structure size based upon the findings listed in the staff report. All voted in favor and the motion carried unanimously. Peterson: This also may be appealed by a City Council member, the applicant or any aggrieved person. They may make such appeal to the City Council by filing an appeal with the Zoning Administrator within four days after the date of the Board's decision. This appeal will be placed on the next available City Council meeting on June 28th. Thank you. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A 19+ ACRE PARCEL INTO TWO LOTS ON PROPERTY ZONED A2, AGRICULTURAL ESTATE AND LOCATED AT 10151 GREAT PLAINS BLVD. AND NORTH OF LAKOTA LANE~ DAVID TEICH. Public Present: Name Address Norm & Karaline Monroe Martha & Wally Moroz David Teich Claudia Campbell Jane A. Paul Yvonne & Russ Barto 565 Lakota 495 Lakota 1217 So. Monroe, Shakopee, MN 55379 415 Lakota Lane 410 Lakota Lane 400 Lakota Lane Cindy Kirchoff presented the staff report on this item. Peterson: Questions of staff. 9