8. Side yards and shoreland variance 3605 Red Cedar Pt. ilCITY Y O F BOA DATE: 10/8/80 g
\\I CUANHAssEI CC DATE: 10/8/90
II CASE #: 88-11 VAR
By: A1-Jaff/v
i STAFF REPORT
1 PROPOSAL: 1) Variance Request for a Two Car Garage
2) Expansion of Second Floor over Existing Entryway
IIl 3) Addition of a Bowed Window/Wall Area
Z V y-lf
I Q LOCATION: 3605 Red Cedar Point
V
mmj APPLICANT: Ron Ankeny .
I o 821 Raymond Ave. , Suite 400
St. Paul, MN 55114 s
II 4411
II \
,I PRESENT ZONING: RSF, Residential Single Family
IACREAGE: 18,800 square feet
DENSITY:
I ADJACENT ZONING AND
LAND USE: N - Lake Minnewashta
S - Lake Minnewashta
I rws E - RSF; single family
W - RSF; single family
ilQ WATER AND SEWER: Available to the site
W PHYSICAL CHARACTER. :, The site is divided by Red Cedar Point
1 " with a boat shelter to the north side and
the single- family residence on the south
side of the road. Lake Minnewashta abuts
1 the property from the north and south
side.
2000 LAND USE PLAN: Residential Low Density
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Ankeny Variance
October 8, 1990
Page 2
APPLICABLE REGULATIONS I
The Zoning Ordinance requires a 10 foot side yard, 30 foot front
yard and a 75 foot setback from the shoreline. I
BACKGROUND
On August 22 , 1988 the Board of Adjustments and Appeals and City
Council approved a side yard setback variance for a boat cover
(Attachment #1) .
ANALYSIS
The applicant is requesting three variances. The first is a 4 foot
side yard variance to construct an attached two car garage. The
Zoning Ordinance requires that all two story homes which have a
minimum of 600 square feet in area have a two car garage which must
be attached to the structure. Red Cedar Point is one of the oldest
neighborhoods in the City. The Zoning Ordinance and regulations
were adopted after these neighborhoods existed. Through a field
survey, staff noticed that the majority of the houses in that area
do not meet any of the required setbacks. There were cases where
structures intruded on to the neighboring properties such as a
staircase protruding on the subject site from the property located
to the west (Attachment #3) .
The second variance request is for an expansion of the second floor
over the existing entryway and will require a 2 foot variance to
the side yard setback. This addition will not bring the existing
setbacks any closer to the property line, but rather represents an
intensification of an existing variance. I
The third variance is for a 26 ft. variance from the shoreline
setback. This will be used to construct a bowed window 3 ft.
outside the current building wall and to allow a similar setback
from the lake for the new two car garage. The bowed window is
consistent with the interior renovation of the home that is being
proposed. I
The site has a fourth variance for hard surface coverage. The
• ordinance allows single family homes to occupy 25% of the site.
The site area is 18,800 square feet. The allowable hard coverage
is 4,700 square feet. The total existing hard coverage is 5,120
square feet. The applicant is proposing to remove part of this
hard coverage and replacing it in other areas but at the same time
reducing the hard coverage to 4,890 square feet which amounts to
230 square feet less than the existing conditions. This would
lower the amount of runoff to Lake Minnewashta and actually benefit
the lake. This is an existing non-conformity that is being
reduced, thus action by the Board is not required.
11
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1
Ankeny Variance
October 8, 1990
Page 3
Staff recognizes that the number and magnitude of variances being
requested is significant. However, we note that this neighborhood
was developed prior to the ordinance and as such, it is not in
compliance. Neighboring lots contain many similar variances which
tend to support the request. We also believe the request
represents a reasonable use of the property.
FINDINGS
' The Board of Adjustments and Appeals shall not recommend and the
City Council shall not grant a variance unless they find the
following facts:
a. 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 hardship in this case is created by the physical
surroundings of the area which is Lake Minnewashta. The
ordinance requires a 75 foot setback from the shoreline
which requires 75 feet from both the north and south
sides. There also exists Red Cedar Point Road which
divides the property in half and makes the buildable area
of the lot unusable. The road is a private drive and
does not require front yard setbacks, however, it still
disrupts the parcel. Through a field survey, staff
' looked at the properties within the neighborhood and
discovered that there were some houses located as close
as 25 feet from Lake Minnewashta. The distance of the
setbacks from Lake Minnewashta varied anywhere between 25
feet and 52 feet. None of the existing homes have a 75
foot setback from the lake. Therefore, the requested 44
ft. setback variance will allow the property to have a
comparable use as the surrounding neighborhood and will
allow it to blend with these pre-existing standards
without departing downward from them. Similar findings
1 exist to support the side yard setback requests.
b. The conditions upon which a petition for a variance is based
1 are not applicable, generally, to other property within the
same zoning classification.
1
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Ankeny Variance
October 8, 1990
Page 4
* • The conditions upon which this petition for a variance is
based are not applicable generally to other properties
within the same zoning classification. They are unique
to the Red Cedar Point Neighborhood. I
c. 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 this variation is not based upon a desire
to increase the value or income potential of the parcel
but actually to allow the property owner to enjoy and
make better use of his property.
d. The alleged difficulty or hardship is not a self created
hardship.
* The difficulty or hardship is not self-created. The
hardship is a result of the physical surroundings of the
area (Lake Minnewashta) which requires a 75 foot setback.
Also, the pre-existing conditions of the neighborhood
which predates the zoning ordinance makes it difficult to
meet the requirements of the ordinance.
e. 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 is located.
* 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. In fact, the applicant will improve the
appearance of the home as well as environmentally by
reducing the hard surface coverage. The lake will
benefit as the rate of runoff will be decreased.
f. 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 I
of light and air to adjacent property or substantially
increase the congestion of the public streets. It will
bring up the standards of the neighborhood and the
property values. It will not increase the traffic.
I
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Ankeny Variance
October 8, 1990
Page 5
RECOMMENDATION
Staff recommends the Board of Adjustments and Appeals adopt the
following motion:
"The Board of Adjustments and Appeals approves Variance Request
#88-11 as shown on the site plan dated September 13, 1990, with the
following conditions:
' 1. That Type III erosion control be maintained during the
construction season along Lake Minnewashta.
2 . No additional construction be permitted without a variance
application.
ATTACHMENTS
1. Staff Report and City Council Minutes dated August 22, 1988 .
2 . Letter from applicant dated September 11, 1990.
3 . Location and Site Plan dated September 13 , 1990.
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C I TY 0 F B4,A DATE: August 22 , 19881/
\ C.C. DATE:
CHANHASSEN _
Y CASE
NO: 88 11 Variance
Prepared by: Olsen/v
STAFF REPORT
PROPOSAL: A 7 .4 Foot Variance to the Side Yard Setback for
the Construction of a 10 ' x 20 ' Boat Cover
ve
I-
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V LOCATION: 3605 Red Cedar Point Road
Cl.
CL APPLICANT: James Knight
Q 3605 Red Cedar Point Road � � - 1
Excelsior, MN 55331
PRESENT ZONING: RSF, Residential Single Family
ACREAGE: Approximately 16 ,000 square feet
DENSITY:
ADJACENT ZONING
AND LAND USE: N- Lake Minnewashta
S- Lake Minnewashta
QE- RSF; single family
Cm;
W- RSF; single family
WATER AND SEWER: Available to the site.
W
'..� PHYSICAL CHARAC. : The site is divided by Red Cedar Point
Road with the garage on the north side
and the single family residence on the
south side of the road.
2000 LAND USE PLAN: Residential Low Density
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Knight Variance I
August 22 , 1988
Page 2 I
APPLICABLE REGULATIONS
The Zoning Ordinance requires a 10 foot side yard setback for '
structures in the Residential Single Family District and that
accessory structures cannot be in the required front or side yard
(Attachment #1) . I
The Zoning Ordinance also requires recreational vehicles to be
stored only in the side or rear yard (Attachment #2 ) .
ANALYSIS
The applicant currently has a detached garage on the north side I
of the property which is separated from the home by Red Cedar
Point Road (Attachment #3 ) . The garage is located 20 feet from
the blacktop of the existing road and 12 .6 feet from the side
yard setback. The applicant has constructed a 10 ' x 20 ' boat
cover on the east side of the garage. The boat cover is open on
the side of the lake, closed on the east and south side and made
of a wood lattice construction. It came to the Building
Department' s attention that the structure was being constructed
without a building permit. Staff then contacted the applicant
stating that a side yard variance would be required for the
structure to be permitted.
The boat cover is being used for the storage of a boat and
miscellaneous storage items such as garbage cans, boat equipment,
etc. The boat cover does not extend closer to the lake than the
existing garage and does not remove any trees or vegetation which
can be used to screen activities from the lake and neighboring
residences . There is an existing storage shed immediately to the
east of the boat cover on the adjacent property within the side
yard setback. The storage shed appears to have been in place for
several years .
The applicant has contacted all of the neighbors on the property
owners list and nobody has any objections to the boat cover . The
Zoning Ordinance requires accessory structures to meet the side
yard setback of 10 feet and does not permit recreational vehicles
within the side yard setback. There is room on the west side of
the garage for the 10 ' x 20' boat cover which would not require a
variance. Moving the boat cover to the west will remove yard
area and partially block the view of the lake from the residence.
The boat cover located on the east side of the garage is par-
tially screened from the lake and adjacent properties by existing
vegetation.
Since the structure is adjacent to a lake, its visual impact to
the shoreline is an important consideration. It is preferred
that recreational vehicles be screened as best possible from the
lake and neighboring properties. When reviewing the facts
required for a variance, it is found that there is area for the
1
11
11 Knight Variance
August 18 , 1988
11 Page 3
structure to meet the required setbacks and there is no hardship
to support the variance. But, visually, staff feels the impact
to the lake and neighbors is reduced by locating the structure
east of the garage.
The Board of Adjustments and Appeals shall not recommend and the
Council shall not grant, a variance unless they find the
following facts:
A. That the literal enforcement of the Ordinance would cause
undue hardship and practical difficulty.
* The applicant could locate the boat storage structure to
the west of the garage.
B. That the hardship is caused by special conditions and cir-
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.
* There is area for the boat cover to meet the required set-
backs.
11 C. That the granting of the variance is necessary for the preser-
vation and enjoyment of substantial property rights .
* The applicant has use of the property if the variance is
denied.
D. That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
* The applicant located the boat storage structure within the
side yard setback without city approval and this created
the hardship.
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
1 in keeping with the spirit and intent of the Ordinance.
* The variance will not negatively affect the city or neigh-
bors. Although the location of the boat cover is not in
keeping with the setback required by the ordinance, it is
less of a visual impact to the neighbors and lake.
1 RECOMMENDATION
The Board of Adjustments should determine if the screening of the
' boat cover by existing vegetation and buildings justifies
granting a variance for a structure that can meet the required
setbacks .
1 ATTACHMENTS
1 . & 2 . Zoning Ordinance excerpts .
3 . Site Plan.
ZONING § 20-904 1
, 6_20-900. Reserved. I
,
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)
(7/
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. Accessory structures.
1
(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 occupy not more than thirty (30) percent of the
area of any rear yard, provided that no detached accessory structure shall be placed nearer
than five(5)feet from any rear lot line. i
(c) In any residential district, no accessory building or structure shall be erected or I
constructed prior to the erection or construction of the principal or main building but may be {){
6 erected simultaneously. i
(Ord. No. 80, Art. VI, § 5, 12-15-86)
ill
1229
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4' oa �� ~ ZONING § 20-910
411"
,,, ti,e setback requirements in section 20-904, the following are permit-
__ r tt ,,, the rear yard: enclosed or open off-street parking spaces; accessory struc-
t ores, toolrooms, and similar buildings or structures for domestic storage. Balco-
hies, breezeways and open porches, unenclosed decks and patios, and one-story
bay windows may project into the rear yard a distance not to exceed five(5)feet.
(Ord. No. 80, Art. VI, § 11, 12-15-86)
Sec. 20-909. Outdoor storage.
' As otherwise regulated, all outdoor storage is prohibited except:
(1) Clothes line poles and wires.
(2) Construction and landscaping material currently being used on the premises.
(3) Swings, slides and other play equipment.
(4) Outdoor furniture and lawn and garden equipment.
(5) Wood for burning in a fireplace, stove or furnace provided it is stored as follows:
a. In a neat and secure stack, not exceeding four(4)feet.
b. The wood stack is not infested with rodents.
c. The wood is not kept in a front yard.
(6) Continued storage of boats, all-terrain vehicles and snowmobiles may be stored in the
side or rear yard behind the required front setback.
' (7) Outside storage of tires is prohibited.
(Ord. No. 80, Art. VI, § 13, 12-15-86)
Sec. 20-910. Storage of recreation vehicles.
Recreational vehicles may be parked or stored in a residential or agricultural district
provided the following conditions are met:
(1) No more than one (1) recreational vehicle may be parked or stored outside on a
' residential lot. Additional recreational vehicles may be kept within an enclosed
structure which otherwise conforms to the zoning requirements of the district.
(2) Recreational vehicles must be maintained in a clean, well-kept,operable condition.
(3) Recreational vehicles shall be mobile and shall not be permanently affixed in the
ground in.a manner that would prevent removal.
(4) Recreational vehicles may be parked or stored only on the rear or side yard behind
the required front yard setback. The parking or storage of recreational vehicles on
' the rear or side yard, as permitted herein, may be on surfaced or unsurfaced areas.
(5) Recreational vehicles may be stored on a lot without regard to the location on the lot
ohm, for the sole and express purpose of loading and unloading for a period not to exceed
twenty-four(24)hours.
1233
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City Council Neetinc; - August 22, 1988
under separate.
Councilman Horn: So this is part of the capital purchase?
Councilman Johnson moved, Mayor Hamilton seconded to approve the Accounts
Y PP
Payable dated August 22, 1988. All voted in favor and the motion carried.
VISITOR PRESENTATION: There were no visitor presentations.
i
SIDE YARD SETBACK VARIANCE REQUEST FOR A BOAT COVER, 3605 RED CEDAR POINT ROAD,
1 JAMES KNIGHT.
Mayor Hamilton: This was an item that came before the Board of Adjustments and
Appeals.
1 Councilman Geving: The staff recommended approval of this variance for a 7.4
foot variance to the side yard setback for the construction of a boat cover. We
1 had a lot of discussion about it. There are about 25 neighbors that were
contacted. None of them had any objections to this proposal. The 25 neighbors
represents almost 100% of all the neighbors in the surrounding area of Red Cedar
Point. The vote on this issue was 2 to 1 against and therefore the item was
denied and moved up to the City Council for further consideration. I think at
this point it would be appropriate for Jo Ann to give the staff report although
we do have the Chairman of the Board of Appeals here. Either way you want to
go.
Mayor Hamilton: Jo Ann, why don't you give your staff report first.
' Jo Ann Olsen: Real briefly, the boat cover is existing, it has been
constructed, located within the side yard setback. The reason that staff is
recommending approval is because of the location of the boat structure is
' covered by existing vegetation. It's more visually removed from the lakeshore
rather than if it would be moved to the east or within the requirements of the
Zoning Ordinance. There would be more visual impact to the shoreline from Lake
' Mi.nnewashta. There is vegetation that would screen it and they would also have
to remove a maple tree. They could locate it and still save the tree but there
is some topography here and the boat cover would be closer to Lake Minnewashta
than the existing structure. It was felt that there is an opportunity for the
applicant to meet the requirements of the ordinance and that a hardship was not
justified and that a variance was not justified but it should meet the
requirements of the ordinance. Staff's interpretation was that when we look at
' variances along shorelines, we review the impact of the structure to the
shoreline also and we felt that that outweighed it and justified keeping it
where it is, where it is more screened from the lake with the existing
vegetation.
r Councilman Geving: There's one other fact too Mr. Mayor. The building is
° already constructed. It exists.
Mayor Hamilton: Willard, did you have any comments that you wanted to make
Willard?
1
9
1
LJ.Ly LOUIIC!1 rieeczng gust 22, 1988
1/
Willard Johnson: I guess we felt, the ones that denied it felt that two wrongs
don't make a right.
Mayor Hamilton: So you'd rather see them move the building?
Willard Johnson: Move the structure. Whatever you decide but we felt two
wrongs don't make a right. It's just a self created hardship. ..
Mr. Klick, a representative for James Knight showed a video illustrating where '
the boat cover is located on the property.
Councilman Johnson: This is one of the places where we've got to get with our
Attorneys on how to write a variance procedure to allow a variance that's good
• for the City. We have in this case, and few other cases that have come before
us, variances that are good for the City but the rules are, just because it
might be good for this one road to drive 45, the speed limit's 40 so you don't
drive 45. In this case, literal enforcement of the ordinance would not cause an
undue hardship or any difficulty if he'd come to us before he built. It's a
self created hardship. It's the ordinance that's the problem here, not the boat
cover. Since I have been a stickler, if we've got rules, you stick with the
rules, that's the only way you can run. If you just arbitrarily say well, this
is good so we're going to ignore our rules this time, that doesn't work. We
need these rules rewritten. This is just another example of that and
unfortunately I'm going to stick with my normal vote on these things and go
according to the rules. It's a self created hardship and therefore, should be
denied.
I!
Councilman Geving: I think Todd, in your defense, did you realize when you
constructed this that we did have a variance procedure and that what you were
doing you shouldn't have been doing?
Mr. Klick: It was a cover. I was not under the assumption that it was a
building. That it does not have footings on it would constitute that it's a
building? If it were on wheels, would it be alright?
Councilman Geving: I think the variance here is in regards to the side yard '
setback which is a 10 foot setback and you're within 2.6 feet of the next yard,
which would be your side yard lot line. That's the question, whether or not you
were aware that you were building in that no build zone of 10 feet?
Mr. Klick: No, I was not aware.
Councilman Geving: I'm going to slap you on the wrist then for sure. Anyway, I
one of the aspects that I looked at, sitting on the Board of Appeals, we do have
rules and this particular case is a self created hardship but I also understand
that you have to live with your neighbors and what is visually acceptable at Red
Cedar Point may not be the same anywhere else in the community. This is
probably the oldest area of the our community outside of Carver Beach and when I
see 25 neighbors, which in this case is almost 100% of all the neighbors that
the Knights went to and asked if there was any hardship, they had any comments
or concerns about this, they basically said it was alright with them. I tend to
go with the neighbors. My feeling is, if this is approved in your favor
Mr. Knight, that there should be no further expansion of this structure. That's
10 '
1
City Council Meetin._ August 22, 1988
11
all I have.
Councilman Horn: How long have you lived out there?
Mr. Klick: I'm Mr. Klick. I'm not Mr. Knight. Mr. Knight is the owner.
' I just represent him. He's in Europe.
Councilman Horn: How long has he lived there?
Mr. Klick: He's lived there for 10 years.
' Councilman Horn: One of the things that I recall is, and it surprises me that
you got this many signatures because we had a deck come up a few years back for
one of the properties along that area which would have been a great enhancement
to the property, and everybody objected to it which kind of surprises me. I
' tend to go along with Dale to same degree that if it's visually acceptable to
the neighbors, that's fine but on the other hand, I don't want to get into a
situation where we get caught up in who's popular in the neighborhood and who
' isn't. To me this other development with a deck on here is clearly more
beneficial to the area than what this is. I find a very weak defense here for
even needing this building. You don't need a permanent cover like that to
protect the boat in the winter. Mr. Boyt and quite a few other people cover
theirs with a covering for the winter and that's enough. The other question I
have is, isn't there a building permit requirement for this?
Jo Ann Olsen: Right and when we did make him go through the building permit
procedure, that's when we noticed they needed a variance.
Councilman Horn: So the building was started even before the building permit
was applied?
Jo Ann Olsen: Right.
Councilman Horn: I can understand how you may not be aware of the variance
requirement but it's very common to require building permits. That I find not
' excuseable.
Mr. Klick: When the building inspector came out, he approached me and told me,
he said he didn't know why I needed a building permit. He said that as long as
there was no wall and there was no footings down.
Councilman Horn: You need a building permit to reroof your house.
' Councilman Boyt: First, I think our variance language is standard variance
language and there really isn't any roan to create language unique to our
' community. The other thing is that unfortunately, part of variances is not
neighborhood approval. If the neighborhood came out completely against it, but
it fit all five criteria that we have for approving a variance, we would be
approving that variance. If the neighborhood comes out all for it, and it
doesn't meet the requirements of approving a variance, we basically, in my
opinion, can not approve it. To approve this variance is to say that we
essentially have no side yard setbacks because anyone else can came in here and
say well, here's an example of where it failed 4 of the 5 questions and you
approved it. They fail 4 of the 5 questions and they would also demand approval
1 11
1
aCity Council Meeting - gust 22, 1988
I/
and I suspect they would
pe y take us to Court if we didn't give it to them. I don't
think we should be putting the City in that sort of vulnerable position. I
think that we have a building permit fee that's free for buildings like this. I
believe the amount was $2,000.00. Anything being built under $2,000.00 you
could come in, have it inspected by the City at no charge to you to help people
avoid this situation before they get it in the ground, so to speak. I think
this is a variance request that makes sense, as your videotape shows but it is
not a variance that we can grant and protect the City's ability to enforce the
side yard setback anywhere else so for that reason I'd be against it. ,
Mayor Hamilton: I'll take the same position I always have too that if we can't
work with the neighbors in our community, people who are residents here and live
here, if we can't work with them, I think we've got real problems. If we don't
want to listen to what the neighbors have to say about whether it's a variance
or a road or anything else, I think we're doing the wrong thing. Variances are
a process that property owners have as a right to come to the City and request.
That's why we have the process. You look at each variance on it's own merit.
You don't just automatically say because we have an ordinance on our books it
says we have to meet 4 out of 5 tests or 5 out of 5 or whatever it is, you
automatically turn it down. It seems to me you need to look at each one on it's
own merit and this one certainly has a lot of merit. I would certainly be in
favor of it. I will move approval.
Councilman Geving: I'll second the motion.
Councilman Horn: Would somebody review for me what the merit is? The only
merit I heard is that the alternative that would not require a variance is a
worse alternative but to me that doesn't justify the total merit. You can
always come up with another alternative that might meet the letter of the law
but it doesn't mean it's attractive.
Mayor Hamilton: I believe you have a property owner who's wanting to use his
property and he's not using it in a destructive way or in a way that's going to
harm his neighbors. He's merely putting up a small structure to shelter a boat.
If he did not put it on the side and put it on the other side, as you could see,
he's going to be putting it in front of his house and it's going to detract from
the beauty from the lake and from his house. It would seem to make no sense to
me to do that type of thing.
Councilman Horn: And you're assuming if we deny this, that's exactly what he's ,
going to do?
Mayor Hamilton: That's his choice. That's what his alternative is. ,
Councilman Boyt: He has several alternatives. He can take it down and put a
canvas cover on the boat. He can chose to store the boat in a different
location altogether.
Mayor Hamilton: But that's not what he's requesting.
Councilman Boyt: That's right and our variance process guarantees the City a
certain degree of security that this body or any other body can't come in and
allow somebody to build a dinosaur next to your house because you're protected.
They're not protected if we don't follow our structured procedure.
12 ,
City Council Meetinc August 22, 1988 -7;3
I
Mayor Hamilton: That's why you look at each one on it's own merit.
Councilman Geving: I think there is another benefit too. Regardless of the
' fact that the structure exists, a mistake was made. Admittedly there was a
mistake made. They didn't realize at the time that they were that close to the
lot line or that they needed a variance. If you'll look and if you understand
what goes on at Red Cedar Point, as most of us do, you'll find that nearly every
home in Red Cedar Point has had some kind of variance for their home, their
front yard setbacks practically exist right on the tip of the lake. Their back
' yards back up to a road in most cases. There's no room for a garage. Even in
this house structure that's protrayed here in this sketch, they needed a
variance just to get the home and the garage next to the lot line. It's 5.8
feet from the lot line. Nearly every home and if everybody that's here from Red
' Cedar Point tonight will agree with me on this, that there is a variance
requirement for nearly every home on that whole peninusula so this isn't
unusual. The lot to the west of this particular boat covered storage, whatever
we're going to call it, really is very well secured. It's visually not
impacted. I was merely going tonight on the staff's recommendation to approve
this because it's the best location. I would much rather see it on the west
side of this garage than on the east side where everybody who drives their boat
' along Lake Minnewashta can see it every day of the year. To me that's the best
place for this boat cover. To me that's one of the benefits.
:1- Councilman Johnson: To the west, which is the side of the house the boat cover
is on, how far is it to the neighbor's house?
Mr. Klick: There's a street. Red Cedar Point is a road in between.
Mayor Hamilton: There's nothing on the other side.
' Mr. Klick: There's nothing on the other side other than his shed that you saw
and that's right on the lot line.
' Councilman Johnson: So this is 2.6 feet to the street right-of-way?
Jo Ann Olsen: To the property line.
' Councilman Johnson: Which is the street right-of-way? You said it was right
next to the street.
' Jo Ann Olsen: Here's the street.
Councilman Johnson: So there's nothing out next to his garage? Where's the
' closest dwelling to this structure?
Jo Ann Olsen: Across the street.
' Councilman Johnson: One of the reasons for the 10 foot side yard is to allow
space between structures.
Mayor Hamilton: There are no homes. It would be the north side of the road.
1 13
I
City Council Meeting - agust 22, 1988
Councilman Johnson: There's another alternative too, he can buy 7.4 feet of his
neighbor's property.
Mayor Hamilton moved, Councilman Geving seconded to approve a 7.4 foot variance
to the side yard setback for the construction of a 10' x 20' boat cover. All
voted in favor except Councilman Boyt and Councilman Johnson who opposed and the
motion carried with a vote of 3 to 2.
A PUBLIC HEARING: LYMAN LUMBER INDUSTRIAL DEVELOPMENT REVENUE BONDS. I
Mayor Hamilton called the public hearing to order.
Mayor Hamilton: We have a public hearing to consider the issuance of one '
million dollars in industrial development revenue bonds for the Lyman Lumber
expansion facility in Chanhassen. Is there anyone here who would wish to speak
to this item? I
Councilman Horn moved, Councilman Geving seconded to close the public hearing.
All voted in favor and the motion carried.
Resolution #88-88: Councilman Johnson moved, Councilman Horn seconded to
approve the issuance of $1,000,000.00 in industrial development revenue bonds
for Lyman Lumber's expansion facility in Chanhassen. All voted in favor and the
motion carried.
PUBLIC HEARING: TH 101 REALIGNMENT:
A. COMPREHENSIVE PLAN TEXT AMENDMENT TO AMEND THE TRANSPORTAION CHAPTER TO
IDENTIFY THE REALIGNMENT OF TH 101.
B. ADOPT OFFICIAL MAP, FIRST AND SECOND READING.
C. CONSIDER AUTHORIZING CONDEMNATION.
D. SITE PLAN REVIEW FOR A 40,000 SQUARE FOOT SHOPPING CENTER HIDDEN VALLEY'
CENTER) , NORTH OF LAKE DRIVE EAST, JUST EAST OF Q-SUPERETTE, NEW AMERICAN
HOMES CORPORATION. ,
Public Present:
Name Address ,
Jerry Schlenk 225 West 78th Street
Stephen J. MacDonald 8017 Cheyenne Spur
Missey Kersch 271 Hidden Lane
Chuck Bye 271 Hidden Lane
Scott & Kirsten Melencamp 8137 Dakota Lane
Roger & Dorothy Downing 7200 Juniper Road (P.O. Box 651)
Ulrico Sacchet 8071 Hidden Circle
14 1
• 11
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•
September 11, 1990
To: City of Chanhassen
From: Tom Betti
Re: Knight Residence
Request for Variances:
1 Variance is requested for the addition of a two car garage attached to the existing house.
2. Variance is requested for expansion of the second floor over the existing entry way.
3. Variance is requested for the addition of a bowed window wall area.
4. Variance is requested to exceed the allowable hardcover requirements.
Written responses to the General Conditions for granting a Variance as indicated in
Section 20-58:
IA variance may be granted by the board of adjustments and appeals only if it finds all the following:
(1) That the literal enforcement of this chapter would cause undue hardship and practical difficulty.
Response:
The property can not be put to reasonable use as effected by the set back requirements set forth
is the Chanhassen City Code. Refer to setback lines indicated on the attached site plan. The
variances we are requesting blend in with standards set forth in the neighborhood.
(2) That hardship is caused by.special conditions and circumstances which are peculiar to the land
and structure involved and which are not characteristic of or applicable to other lands or structures
in the same district.
Response:
I The existing location of the house along the point makes lots in this area unique circumstances.
The existing drive that serves the neighboring houses splits each lot in half, and for all practical
matters, the drive has to remain, making it impossible to build an addition towards the drive.
Likewise, building an addition onto the south side of the existing house would just push the
house that much closer to the lake.
I
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1
N
(3) That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rights.
Response:
Variance#1 would give the Owner an attached garage. The Owner's plan to retire and spend his '
IIII remaining years at this residence. An attached garage in Minnesota is a standard for the winters in
this region of the United States. For an elderly couple, an attached garage provides security and
protection from the harsh climate.
N Variance #2 applies to an expansion of the second floor. Currently the second floor bedrooms I
are inadequately small, and in plan unworkable. The expansion creates adequate space which
currently is insufficient. '
U Variance#3 simply allows for a bowed window wall at the south wall. This small expansion provides the
necessary width for a dining area within the house. Currently the existing dining room is too narrow to
function properly. I
11 Variance#4 deals with the reality of the existing hardcover problem. In our redesign we have
attempted to reduce all unnecessary existing hardcover. Given a total site area of 18,800 s.f., 25%of
that area allows 4,700 s.f.for hardcover. The total existing hardcover is 5,120 s.f., 420 s.f. greater
111
• N than the allowable. By removing 1196 s.f. and replacing it with 966 s.f.of necessary hardcover
areas,we have reduced the hardcover totals. From these figures,we are still over the allowable area
by 190 s.f., yet are 230 s.f. less than the existing area. '
U (4) That the special conditions and circumstances are not a consequence of a self-created hardship.
Response:
I
4 The hardship or difficulty was not self created, the original house did not have setback
requirements at the time it was constructed, and does not fall within the current setbacks. Also, it
is not feasible to relocate the existing drive which serves other the lots on the point.
4 (5) That the variance will not be injurious to or adversely affect the health, safety or welfare of the
I
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.
Response: I
The granting of the variances will not block the views of the neighboring properties and will not
effect the development of neighborhood improvements. The remodeling will be exterior as well
I
III as interior,which will improve the undesirable appearance that exists. We feel the remodeling and
addition will enhance the neighborhood.
The proposed variations will not impair an adequate supply of light and air to the adjacent '
4 properties because even with the variations the closest the house will be to neighboring property
lines will be 5'-0".
1
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-� Lake Minnewashta Hardcover Calculations
Site Area 18,800 S.F.
Allowable Hardcover 4,700 S.F.
8/70rO Existing Hardcover
nG Existing House 2,068 S.F.
Existing Drive 1,212 S.F.
Boat Shelter 500 S.F.
Boat Shelter Drive 740 S.F.
I Walks&Patios 600 S.F.
-c l Total Existing Hardcover 5,120 S.F.
` I S.F.over Allowable 420 S.F.
I ,I Proposed Hardcover
Existing • o I Existing House 2,068 S.F.
Boat Shelter • b I Existing Drive 1,212 S.F.
Proposed Addition 36 S.F.
Proposed Garage Addition 690 S.F.
,' I I Garage Drive 160 S.F.
Boat Shelter 500 S.F.
r - ( Entry Deck 144 S.F.
Remove'Existing •. . S.F.80 Walk I
IBituminous Drive
Replace with Gravel -` — II I I Total Hardcover 4,890 S.F.
li- ---,.
I S.F. over Allowable 190 S.F.
-
I I
F'1;Slin9 p
New Concrete Olive
�7S:00
Walk I Proposed ( et
�. S
I _ - Addition Above I back
I ,
New Concrete or
I- ' `` -,::::;:::::ii== '' E' " E Proposed Entry Bituminuos Drive i :•••
Deck Below lithl ...-- ......... ,
I I _ r
75'-0" Setback ::..::. :>' : =`.;::.:
--'-' I Existing House .4:000:'`:
I I > : tio; ::
Remove Existing I I I • • •
Concrete Walks
and Re-sod L'— — — — O,,,. . ............ .
____ 1. \II
I Proposed Addition , ,
` I Existing Stone Steps
II I
`°
15 I
: 111111 I
9 I I I
b
/. Shoreline
Lake Minnewashta
Site Plan / II
1"= 20'-0" NORTH lip
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