6. Variance request, 8628 Chan Hills Drive North CITY OF
BOA DATE: 5/14/90
11 t . LillANHAtiN CC DATE: 5/14/90
CASE #: 90-3 VAR
I STAFF REPORT
PROPOSAL: Variance for a Mother-In-Law Apartment
LOCATION: 8628 Chanhassen Hills Drive North, Lot 10, Block 2,
Chanhassen Hills Action by City Administrator
IZ fadorsed/21/1'
V APPLICANT: Arletta Bragg
Releev!
ecte�'
P.O. Box 71 mt 790
J Chanhassen, MN 55317 WE SuLmi.c_ tc C,--:;;;;Iof,
Om Date -:, :6 tc urinci►
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IPRESENT ZONING: PUD-R, Planned Unit Development-Residential
ACREAGE: 27, 824 square feet
IDENSITY:
ADJACENT ZONING AND
LAND USE: N - PUD-R; single family
Q S - PUD-R; single family
V-- E - PUD-R; single family
IQ W - Lake Susan Hills Drive
WATER AND SEWER: Available
IIPHYSICAL CHARACTER. : Vacant lot
I. INIIIM
2000 LAND USE PLAN: Residential Low Density
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Bragg Variance I
May 14, 1990
Page 2 1
APPLICABLE REGULATIONS
Section 20-59 of the City Code allows a variance for the temporary '
use of single family dwelling as a two family dwelling if the
following conditions are met:
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 driveway and one
main entry.
3 . Separate utility services are not established (gas, water,
sewer, etc. ) .
4 . The variance will not be injurious to or adverse affect the '
health, safety or welfare of the residents of the city or
neighborhood where the property is situated and will be in
keeping with the spirit and intent of this chapter.
ANALYSIS '
The applicant is requesting a variance to construct a mother-in-law
apartment within the single family residence. The mother-in-law
apartment will be located in the lower level of the residence and
will contain a kitchen, a full bathroom, a bedroom and a living
room for Mrs. Arletta Bragg's mother. The home will keep the same
main entrance, driveway and utilities and will remain as a single
family residence in appearance. Mrs. Bragg's mother is 70 years
old and it has become difficult for her to maintain the house she
lives in at the present time. Mrs. Bragg has a walking disability
due to a hip surgery that makes it difficult for her to walk or
climb a lot of steps. Her son will be living with them to help out
in maintaining the mother and grandmother are unable to do.
RECOMMENDATION
Staff feels that the applicant is meeting the four requirements for
a mother-in-law apartment and recommends that the Board of
Adjustments and Appeals adopt the following motion: '
"The Board of Adjustments and Appeals approves the Variance 90-3 to
allow a Mother-in-Law Apartment in the single family residence
located at 8628 Chanhassen Hills Drive North, subject to the
following conditions:
1. The dwelling has an appearance of a single family dwelling ,
including the maintenance of one driveway and one main entry.
2. Separate utility services will not be established. '
3 . The variance will be recorded with Carver County specifically
stating that the dwelling is permitted as a mother-in-law
II Bragg Variance
May 14, 1990
11 Page 3
apartment only for the use of Mrs. Arletta Bragg's mother.
The use cannot be continued for other persons. "
' ATTACHMENTS
1. Letter from Arletta Bragg.
' 2. Application.
3 . Letter from adjacent property owner dated May 3, 1990.
4 . Memo from Paul Krauss dated May 7, 1990.
1
1
City of Chanhassen
690 Coulter Drive
Chanhassen, MI 55317 1
April 11, 1990
Board of Adjustments and Appeals;
We're filing for a variance fran the Zoning Ordinance requirements ,
so that my mother and I are able to live together. She is 70 years
old and has owned her own house in Richfield for the past 20 years.
It had became increasingly difficult for her to maintain the property
by herself. I myself have a walking disability due to hip surgery
that makes it difficult for me to walk or climb a lot of steps.
Due to my handicap and her living situation, we began searching for 1
ways that we both could live together. We had considered living
together for some time, but were unable to find the right condition
that would satisfy both our needs. Our current proposal to build a
house in Chanhassen Hills seems to meet both our needs. It enables
us to live together and help each other out where needed, yet it gives
us each a degree of privacy. '
I also have a son that would be living with us that helps out in
maintaining the things my mother and I are unable to. We're a three
generation family looking for a place to settle down and spend the
rest of our lives. We think we've found the perfect place.
Thank you for your consideration. ,
Sincerely,
C)WAtiarldakdIris
Arletta Bragg
I
CITYOF
10
it- 4 .• CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
111W (612) 937-1900 * FAX (612) 937-5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Paul Krauss, Planning Director
DATE: May 7, 1990
SUBJ: Procedures for Mother-In-Law Apartments
Upon review of the ordinance, it appears to me that the City's
treatment of mother-in-law apartments is based on several
questionable assumptions. We wanted to take this opportunity to
raise these questions with the City Council to ascertain if there
would be direction for staff to reassess the ordinance. The first
issue that the ordinance deals with mother-in-law apartments as
though they were temporary in nature. The reality of these
situations is that once they are built into a home, they are rarely
removed. There is no enforcement mechanism to insure the temporary
' nature of the use and it would be extremely difficult for staff to
administer a program of inspections. Thus, we believe it is
inappropriate to consider them temporary even though the initial
request may appear to be temporary in nature.
The second issue is that issuance of a permit for a mother-in-law
' apartment is based upon the demonstrated need considering
disability, age or financial hardship. The variance mechanism is
used to support a use based on personal hardship rather than a
hardship stemming from the property itself. These factors are not
' considered for any other hardship. Staff would normally recommend
against tying a permit into personal circumstances of the applicant
or the applicant's family. These issues are often emotional and
difficult for the city to review with any degree of certainty.
They also attend to be temporary in nature, for example, an illness
requires the construction of an apartment. We relate this concern
back to our original issue that while these apartments are
' authorized on a temporary basis, they are in normal reality a
permanent fixture.
' The third matter goes to the fact that based upon my professional
experience in several communities, there are likely to be a large
number of non-permitted accessory apartments located throughout the
community. These units may have been built by homeowners who did
I
Mother-in-law Apartments
May 7, 1990
Page 2
not understand the requirements or who intentionally did not inform
the city to avoid those restrictions that may be provided under the
ordinance. These units may present a health and safety hazard
since they are often built without safety in mind and may be
unequipped with such basic measures as escapable windows, smoke
alarms and adequate ventilation. 1
Staff is not opposed to the creation of mother-in-law or accessory
apartments nor do we question the current request. In fact, there
are many circumstances where we support their use. We only wish to
point out that the ordinance as currently drafted is possibly
somewhat questionable as to the focus of its intent and staff's
ability to administer it. Should the City Council wish to have
staff investigate redrafting the ordinance, please direct us to do
so.
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I &.ANL- DEVELOPMENT APPLICATIOa. ) )
CITY OF CHANHASSEN
I 690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900
IAPPLICANT: Arietta Bragg OWNER: Arletta Bragg
ADDRESS P.O. Box 71 ADDRESS P.O. Firm 71 "•
1 Chanhassen, MN 55317 Chanhassen, My 55317
Zip Code Zip Code
ITELEPHONE (Daytime) 941-4870 TELEPHONE 925-0166
REQUEST:
IZoning District Change Planned Unit Development
Zoning Appeal Sketch Plan '
I Preliminary Plan
Zoning Variance Final Plan ,
IIZoning Text Amendment Subdivision
Land Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
Street/Easement Vacation
Site Plan Review
Wetlands Permit
PROJECT NAME Lot 10 Block 2
IPRESENT LAND USE PLAN DESIGNATION Single Family
REQUESTED LAND USE PLAN DESIGNATION Mother-in-Law Art.
IPRESENT ZONING Planned Unit Develorement Residential
IREQUESTED ZONING Planned Unit Developement Residential
USES PROPOSED Single and Mother-in-Law Art.
ISIZE OF PROPERTY Approx. 27,824 so ft
LOCATION Lot 10 Block 2
IREASONS FOR THIS REQUEST Attached
I
ILEGAL DESCRIPTION (Attach legal if necessary) Lot 10 Block 2 than Hills 2nd
I
1
1
Doris M. Long 9 01
8629 Chanhassen Hills Drive North AY U
Chanhassen, MN 55317 01N GF C4A°4',S5
May 3, 1990 ,
Ms. Jo Ann Olsen, Senior Planner I
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317 '
RE: Variance to have "Mother-in Law" apartment at
8629 Chanhassen Hills Drive North
Dear Ms. Olsen:
Thank you for taking the time to explain the above situation to me on
the phone. As I mentioned, it may not be possible for us to attend the
Chanhassen Board of Adjustments and Appeals on May 14th, so I am taking
this opportunity to express my opinion.
As I understand from our phone conversation, this family would like to
add facilities for a relative to live in the home which would give the
relative more or less private living quarters within the home. In order
to do this, a hardship has to be proven and there would also be a
contingency to this variance that when this family member no longer
needs the facility, it could not be used for rental property.
Being a home owner in the area and having spent a considerable amount of
money for our home, I am opposed to the idea of any potential rental
property in Chanhassen Hills. Long term, having the facilities in the
home, only gives someone the potential for this to become rental
property. I also understand that if this happened the City of
Chanhassen could declare it illegal and the renters would be asked to
vacate the home. Unfortunately, the City of Chanhassen, like other
communities, does not have the manpower to oversee these properties to
see that they are in compliance with the ordinance.
Looking at what could happen long term, the value we would like our home 1
to maintain, and in keeping Chanhassen Hills a single-family home
community, I would, therefore, oppose having a mother-in-law apartment
at 8628 Chanhassen Hills Drive North. I
Thank you.
Sincerely,
it
Doris M. Long ,
dl
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