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5. Rear yard Setback Variance, 620 fox Hill Drive ‘.6-- I ' '- 1 C1TYOF 1 1 :_, ' ,.." s `o,,,l4 CHANHASSEN 1 ii4 - :44---- l 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900• FAX(612) 937-5739 IAction by City Administrator Endorsed I MEMORANDUM Modified bildpAL TO: Board of Adjustments and Appeals Detp (0-6 -90 Date Submitted to Commissfot3 IFROM: Sharmin Al—Jaff, Planner I . Dete Submitted to Coma DATE: June 5, 1990 4-71- 0 I SUBJ: McAllister Variance Request #89-16 II On February 12, 1990, the Board of Adjustments and Appeals tabled action on a 1'11" variance to enlarge an existing non-conforming shed. The applicant indicated that he would pursue purchasing 2 feet from the neighboring property. The Board granted the II applicant a 90 day extension to pursue buying 2 feet of property from the neighbor. II On June 5, 1990, staff contacted the applicant to determine the status of the variance. The applicant had not been able to purchase the 2 feet of property. II Staff maintains the original recommendation of denial for the variance request for the reasons outlined in the staff report dated February 12, 1990 (Attachment #1) . II RECOMMENDATION II Staff recommends denial of Variance Request #89-16 for a 1'11" rear yard variance as shown on the site plan dated December 12, 1989. " ATTACHMENTS I1. Staff report. 2. Board of Adjustment and Appeals Minutes dated February 12, I 1990. 3. Letter from Steve Kirchman dated February 21, 1990. 4. Memo from Jo Ann Olsen dated February 22, 1990. I II II II 7 " ITY OF JA DATE: Feb. 12; 3:990 C.C. DATE: ' � CUA1A �N ` • CASE NO: 89-16 Variance Prepared by: Al-Jaff/v STAFF REPORT PROPOSAL: A 1 Foot 11 Inch Rear Yard Variance to Enlarge Ian Existing Non-Conforming Shed Action by Ctty Admirpgstrato? Z QEndo;sed✓_J�1'V "— V Modified LOCATION: 620 Fox Hill Drive ReJoct IDa. � -D le Date Sebmi�,ed to Cc.,,missiort APPLICANT: James McAllister Date S 5.r,itted to Courcn 1 Q 620 Fox Hill Drive e2 - 1 - TO Chanhassen, MN 55317 IPRESENT ZONING: RSF, Residential Single Family ACREAGE: 27,200 square feet DENSITY: ADJACENT ZONING AND LAND USE: N- RSF; single family Q S- RSF; single family E- RSFfsingle family W- RSF; single family WATER AND SEWER: Available to the site. tFlom _ • v! PHYSICAL CHARAC. : 2000 LAND USE PLAN: Low Density Residential McAllister Variance February 7, 1990 Page 3 E. That the variance will not be injurious to or adversely affect I 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. I * 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 '11" rear yard variance as shown on the site plan dated December 12 , 1989, for the reasons outlined above. :1 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. o J' ' e 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) 20-904. Accessor 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 the required front or side yard. (b) A detached accessory structure may occunv n t mnre than thirty (30) percent of the �reof�ia ny rear yard, provided that no detached accessory structure shall 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) Abachvne.nf # .. . 1229 §20-58 CHANHASSEN CITY CODE (3) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 1 (4) That the special conditions and circumstances are not a consequence of a self-created hardship. 1 (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. 1 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. 1 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) Sees. 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, 1 although such use does not conform with provisions of this chapter. Except as otherwise prove ed,nonconforming uses shall not be extended or enlarged. (Ord. No. 80,Art.III, § 5(3-5-1), 12-15-86) 1 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 AbcLchrnes , z 1 I 1 1 P 5 I h604awne,nt 1 1 .. t, 4. , Iso SN E-ti IIL's( IJ I T ti0 '3 .00lay L�) dRoKEN AR��-1 R� Mark�ta i — -- - — `•�� 6R0 Pow grizz OR Ii LEGAL o \ RE br if 3 f95:. 3 az- "6'4,7 137.4a. 3148 I v'rs O{ b i ci E:xi? . S e o 3149. 3Z-beh 9� iGxl�' SNea -- 6:\ GAklEk a, A I t��: w 11'4- I I 3 � E I k EX/STim G 2 J 0 2 SfRUcrutE I - XI o � O V N V I f I — LAND DEVELOPMENT APPLICATION • CITY OF CHANHASSEN I : 690 Coulter Drive • Chanhassen, MN 55317 (612) 937-1900 _ .01. I APPLICANT: 6., 4/g7,t,� plc/wisp-7c- OWNER: ,-a/J • •ADDRESS .. 6av "Fox /, x ,,.J(_ D 2 ADDRESS • .. C kvY� 5"s-3 1 - TELEPHONE (Daytime) q3 S_�fOp�Code TELEPHONE Lf7U- 67� Zip CodEl REQUEST: . Zoning District Change Pl :»- - • g Planned Unit Development • Zoning Appeal Sketch Plan I \ Zoning Variance Preliminary Plan Final Plan Zoning Text Amendment Subdivision - . 7.4 II Land Use Plan Amendment Platting - il Conditional Use Permit Metes and Bounds Site Plan Review Street/Easement Vacation - Wetlands Permit PROJECT NAME &bu, /d .SG,244 • PRESENT LAND USE PLAN DESIGNATION II REQUESTED LAND USE PLAN DESIGNATION PRESENT ZONING 6' T Ser 8 6c-S _ fc 2 New Cu s • REQUESTED ZONING Fr ,5e— ck' fa R._ =e. ,/r Sj I • USES PROPOSED gj j l� 4' O 14 i,v le S SIZE OF PROPERTY 0 C 7-y LOTS 2 0 x J 70 LOCATION A / L REASONS FOR THIS REQUEST J A,e..2 I •�s �� eee d e,%T 461 F�c. l`oo S Tv,&E h Pt, / ,l was /2 444,z , « 7o s e Lo c/-.-e ,-s r/4,2 vto ' Dr ,> sit,' Ur.-c �?�i�-n,T a2 % T-c„)a s {� ,.�.-�C aka LEGAL DESCRIPTION (Attach legal if necessary) II (6/111.7 z De P -,- 06 ( y e _. ,,T ,4 .. A� # 3 M-1664 /114 - I . � 2� /7f , a es r � a,e4.-49.. la-iw D� �'�`°� we tie T - -eT dh To 06,4_ L «ee. _..-._. .. ..,...�. } • City of Chanhassen Land Development Application • Page 2 1 FILING INSTRUCTIONS; . IThis application must be completed in full and be typewritten or y printed and must be accompanied by all information and • I plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application. 1 FILING CERTIFICATION; • IThe undersigned. representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . • Signed By i 4-- _ Date �, `/z/) F / Applicant / 1 The undersigned hereby certifies that the applicant has been authorized to make this application for the I • described, property herein 1 Signed By Fee Owner Date • I 1 . • Date Application Received IApplication Fee Paid • City Receipt No. , 1 If * This Application will be considered the Planning Commission/ Board of Adjustments and Appeals at their at their imeeting. • I _ . • ___ ___ i ! 1!; Ili 1- - - ;S , , ,. . • . .,...,____ _ _,.. ._ _ )., , , I ----)--e-c-t,e-4: __ t il / // Th•C -EC) '''" C)--" C CA72Q.,r-Cs-ki --I f- I! . ifie? -(_ ....44cfc-:14:6' 71...-#2:e -- l../C.--1....C..z.i...--ce , • -L= I. I ' -4.- I, t ' I I , 44 ..... ±111111 --k 1 . • 11- I.: -1, Li if ' - 1-- . . r-- • I II , 11- • „ - !T ------1 TI III- 4 -- I BOARD OF ADJUSTMENTS AND APPEALS MINUTES FEBRUARY 12, 1990 s IIMEMBERS PRESENT: Willard Johnson, Carol Watson and Jay Johnson STAFF PRESENT: Paul Krauss, Planning Director and Jo Ann Olsen, Y' ' Senior Planner A 1 Foot 11 Inch Rear Yard Variance to Enlarge an Existing Non-Conforming Shed, James McAllister, 620 Fox Hill Drive Staff presented the staff report to the Board. Krauss stated that the survey provided by the applicant as part I of the report was not an official. survey and it appeared that the applicant knew about the procedure for receiving a building per- mit and yet did not proceed with the correct application. ' The applicant stated that the hardship was in the form of money and that their house burned down and they are trying to improve the property. He stated that he has improved the cabin into a I single family home and that the city did not require a permit for the original improvements to the cabin. The applicant stated that there had been 12 inspections on the site during 1989 and I during the second general building permit inspection, the inspec- tor saw the shed. The applicant stated that he hired pro- fessionals to build the shed and they located it in the wrong illocation. The applicant stated that the city told him he could rebuild the existing shed on the existing foundation and there was a misunderstanding between himself and the building inspec- tor. The applicant stated that he was told he could not finish I until he received a variance and he has not been able to complete the shed since August of 1989. I Watson stated that what had occurred is an expansion of a non- conforming use and that the applicant went beyond the existing slab. I Olsen stated that staff informs applicants that they can rebuild structures on existing slabs but they cannot locate any closer to the lot line or expand beyond the existing foundation. Staff I then stated that had a building permit had been applied for the survey would have shown that the shed was going beyond the existing condition and staff would have stopped construction of Ithe shed. Jay Johnson stated that there was no hardship but if the appli- cant did receive misinformation, there was some hardship created I by the city. He stated that there would be some financial hardship if the applicant was required to tear down the shed and rebuild it. IWatson stated that financial hardship is not a hardship to grant a variance. IJohnson asked the applicant how much money it would be to move the structure. II if Board of Adjustments Minutes J February 12, 1990 Page 2 k The applicant stated that it would be at least $1000. Watson questioned what the building permit stated. She asked if it exactly states what is being permitted. The applicant stated that you can get a general permit which allows any expansions to the site. Staff stated that they have never heard of a general permit and , any development of a site requires a specific building permit with specific information. The Board of Adjustments stated that they wanted information on the history of the permit. Johnson recommended tabling the item, seconded by Watson. All • voted in favor on tabling the item until staff could provide a history on the permit. • I 3 i 1 i 1 1 1 } I 4 CITY 'OF ,so CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' I (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: JoAnn Olsen, Senior Planner Wie' FROM: Steve A. Kirchman, Building Official , DATE: February 21 , 1990 ISUBJ: 620 Fox Hill IThe purpose of this memo is to clarify the misconception that Chanhassen issues "general permits" and to give a history of I Building Inspections Division involvement in the property at 620 Fox Hill . There is not now, nor has there ever been, such a thing as a I general permit. The UBC (sec. 302a) requires each applicant to furnish the following: 1 ) identify and describe the work to be covered by the permit, 2) describe the land on which the work is I to be done, 3) indicate use or occupancy, 4) submit plans, 5) state valuation, 6) be signed by applicant, 7) furnish any other information required by Building Official . Submission of all the above information is required by Building Inspections Division I and would preclude the possiblility of issuing a general permit. The suggestion that any building department would issue a general permit is both ludicrous and offensive. IA permit was issued for the construction of a garage on May 7, 1986. A footing inspection was done on May 28, 1986. No other I inspections were done in spite of the fact that the approved plans indicated that a backfill , framing and final inspection were required. A permit was issued on April 4, 1989, to repair fire damage to the house. The Fire Department confirmed that the I damage occured in the southeast part of the house. The shed was located in the northwest corner of the property and suffered no damage. The permitee requested framing, plumbing, heating, insu- ' lation and sheetrock inspections, (May, 1989) , but never a final inspection. The approved plan indicated a final inspection was required and the house could not be occupied until final approval I was obtained. I observed construction of the shed on November 15, 1989, and issued a stop work order. I also directed the per- mitee to call for final inspection and apply for a permit for the shed and deck. Final inspection on the house was success- ' fully completed on December 14, 1989. Application for the deck and shed permit was made on November 16, 1989. JoAnn Olsen ; F ) I/ ebruary 21 , 1990 Page 2 r To summarize, there is no such thing as a general permit and Mr. U McAllister is well aware of this by virtue of the fact that he was issued two permits for specific projects. Many required inspec- tions were not requested even though required inspections are indi- cated on the plans. Application for the deck and shed permit and final inspection on the house was not made until the permitee was caught violating City Code. I cc: Jim Chaffee, Public Safety Director Scott Harr, Assistant Public Safety Director I II I I II • 1 II I II I II I I CITYOF 1 -- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Board of Adjustments and Appeals 1 FROM: Jo Ann Olsen, Senior Planner )420 DATE: February 22, 1990 1 SUBJ: McAllister Variance 1 On February 12, 1990, the Board of Adjustments tabled action on the McAllister variance until it could be confirmed as to what 1 permits the applicant received and if there was such a thing as a general permit (Attachment #1) . Staff asked Steve Kirchman, Building Official, to provide a background on the site (Attachment #2 ) . In addition, staff contacted the contractor who 1 built the shed and was told that he understood a permit for the shed had been obtained prior to him constructing the shed. 1 In summary, the applicant did not receive a general permit which gave him authorization to construct the shed, deck, etc. The shed was built without a permit and within the required setbacks. 1 RECOMMENDATION Staff maintains their original recommendation of denial for the 1 variance. ATTACHMENTS 1 . Board of Adjustment minutes dated February 12, 1990. 2 . Memo from Steve Kirchman. 3 . Staff report for variance. 1 1 1 1