3. Variance to allow a "father-in-law" apartment on 8412 Great Plains Blvd. I. ' C I T Y O F BOA DATE: June 12, 1989
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C.C. ::E89_4 k r . : CASE Variance
IPrepared by: Olsen/v
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I STAFF REPORT
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IIPROPOSAL: Variance for a Father-In-Law Apartment
I by C1ry A(IM 'Ii-AF
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I V LOCATION: 8412 Great Plains Boulevard '•'" .-
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APPLICANT: Eugene `''!'� i'' '' `'"""l
gene and Martha Klein
8412 Great Plains Blvd. ����*f ----
Chanhassen, MN 55317
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PRESENT ZONING: RSF, Residential Single Family
ACREAGE: 1. 5 acres
DENSITY:
ADJACENT ZONING
AND LAND USE: N- Lake Susan
1 S- RSF; single family and vacant
E- RSF; single family
' w- RSF; single family
1 W WATER AND SEWER: Sewer and water is available
PHYSICAL CHARAC. :
II2000 LAND USE PLAN: Residential Low Density
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Klein Variance
June 12 , 1989 I
Page 2
APPLICABLE REGULATIONS
Section 20-59 of the City Code allows a variance for the tem-
porary
use of a 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
dwellng, including the maintenance of one driveway and one
main entry.
3 . Separate utlity services are not established (gas, water, ,
sewer, etc. ) .
4 . The variance will not be injuious 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.
ANALYSIS
The applicant is requesting a variance to add a father-in-law
apartment to the single family residence. The applicant is
requesting to add a two car garage with a full story above. The
area above the garage will be constructed for Mrs. Klein' s father
and would consist of a 3/4 bath, kitchenette, living room and
bedroom. The home and the addition will keep the same main
entrance, driveway and utilities and will remain as a single
family residence in appearance.
Walter Terzich (Martha' s father) is 66 years old, retired and
living on a fixed income and the Kleins wish to allow him to live
with them so that he can be close to the family.
RECOMMENDATION 1
Staff feels that the applicant is meeting the four requirements
for a father-in-law apartment and recommends that the Board of
Adjustments and Appeals adopt the following motion:
"The Board of Adjustments recommends approval of Variance #89-4
to allow a father-in-law apartment above an attached two car
garage located at 8412 Great Plains Boulevard 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. "
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Klein Variance
I June 12 , 1989
Page 3
IATTACHMENTS
1 . Excerpt from City Code.
2 . Letter from Martha Klein.
3 . Application.
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§ 20-58 CIIANHASSEN CITY CODE
(3) That the granting of the variance is necessary for the preservation and enjoyment of
substantial property rights.
(4) That the special conditions and circumstances are not a consequence of a self-created
hardship.
(5) That the variance will not be injurious to or adversely affect the health, safety or
' welfare of the residents of the city or the neighborhood wherein the property is
situated and will be in keeping with the spirit and intent of this chapter.
(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86)
' Sec. 20-59. Conditions for use of single-family dwelling two-family as am>1y dwelling.
A variance for the temporary use of a single-family dwelling as a two-family dwelling
' may only be allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one(1)driveway and one(1)main entry.
(3) Separate utility services are not established(e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare
of the residents of the city or the neighborhood where the property is situated and
' will be in keeping with the spirit and intent of this chapter.
(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86)
' _Sec. 20-60. Denial.
Variances may be deemed by the board of adjustments and appeals and the council, and
such denial shall constitute a finding and determination that the conditions required for
approval do not exist.
(Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86)
Secs. 20-61-20-70. Reserved.
DIVISION 4. NONCONFORMING USES
Sec. 20-71. Nonconforming buildings and uses.
' The lawful use of a building or land existing on February 19, 1987 may be continued,
although such use does not conform with the provisions of this chapter. Except as otherwise
' provided, nonconforming uses shall not be extended or enlarged.
(Ord. No. 80, Art. III, § 5(3-5-1), 12-15-86)
Sec. 20-72. Nonconforming lots of record.
Single-family lots in the A-2 and RR Districts established prior to February 19, 1987 shall
be deemed as buildable lots. In the RSF and R-4 districts, notwithstanding limitations rm-
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' LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
' (612) 937-1900
APPLICANT: L �Q 1� �., N� ' r
p �� i iL OWNER: (:4_ a f(/ iiL)
ADDRESS V I`:'► L 1 L(i1/1 �� J
e�..�_ ADDRESS
1 ,.
(Daytime ) `�J y- _Zip on 7 Code
TELEPHONE Zip Code
REQUEST:
' Zoning District Change _ Planned Unit Development
tZoning Appeal Sketch Plan
Zoning Variance Preliminary Plan
Final Plan
Zoning Text Amendment Subdivision
Land Use Plan Amendment Platting
' Conditional Use Permit Metes and Sounds
Site Plan Review Street/Easement Vacation
Wetlands Permit
PROJECT NAME
' PRESENT LAND USE PLAN DESIGNATION
' REQUESTED LAND USE PLAN DESIGNATION
PRESENT ZONING
REQUESTED ZONING
USES PROPOSED [ t ,/
tSIZE OF PROPERTY \ .� C -
LOCATION 1
r � ,
REASONS FOR THIS REQUEST t� ' i
LEGAL DESCRIPTION (Attach legal if necessary )
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Cit. of Chanhassen
Land Development Application
Pace 2 I
T::is application must '
clearly Printed be completed in
Y d and must be accompanied full and information typewritten plans required by or '
y applicable City by r int and
filing this application , y Ordinance
fi determine his application ,specific you should confer withvisions . Before
ordinance and with the City Planner
Procedural requirerients
applicable to your application , I
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The undersigned representative '
That he r igned n of the prop_auralpreQUirementsbofcall=fies
applicable City Ordinances .
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Applicant _ Date 4L / /� C'
Signed By
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The undersigned hereby _A f;
deSC�� "etl to maze this application that the applicant has been
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_bed _ is-.ticn for the property-t_� here,;
Si 1
� ned Sv
Fee Owner Date I
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IDate Application Received
Application Fee Paid
City Receipt No. . '
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This Application will be
Board or Adjustments considered by the Planning and Appeals at their g Commission/
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meeting ,
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June 6, 1989
' Joanne Leigh & Judy Colby
City of Chanhassen 7307 Laredo Drive
' City Offices Chanhassen, MN 55317
Chanhassen, MN 55317 829-2731 or 934-8774
' Dear Joanne:
I am writing the City of Chanhassen to clarify Bob Scholer's June 5, 1989
letter to Judy and I, which he sent you a copy of. Judy and I still wish
' to have the City of Chanhassen issue a variance for our proposed addition
at the next City Council meeting so that we may proceed.
' Mr. Scholer's letter, which may be correct as stated, errs by omission.
The restrictive covenant against all properties in the Sunrise Hills First
Addition reads as follows:
' "...said covenants and restrictions shall run with the land and shall
be binding on all parties hereto....until July 1, 1987,....unless by a
vote of a majority of the then owners of the lots, it is agreed to
' change said covenants and restrictions in full or in part."
You will note that we have previously supplied you with a list of
signatures from the Sunrise Hills First Addition. We believe that this
represents a majority of the owners in the First Addition. I have since
talked with additional First Addition homeowners up on Highland Trail;
they will also sign if it is necessary. So far, 100% of the homeowners in
' the Sunrise Hills First Addition that have reviewed our plans have agreed
and voted with this change.
To summarize all of this, Mr. Scholer's letter does not change anything.
We ask you to proceed with helping Judy and I obtain approval from the
City Council at Monday's meeting.
' Sindrely, '
gh Co
JUN 8 1989
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