5. Variance to Weland Setback, SW corner of Kings Rd & Minnewashta Pkwy 5
1 .... • CITY F BOA DATE: June 26, 1989
I � C11211111ASSEN C.C. DATE:
Y
......\2) CASE NO: 89-7 Variance
Prepared by: Olsen/v
I STAFF REPORT
I
IPROPOSAL: A 50 Foot Variance to the 75 Foot Wetland Setback
for a Structure
Iz
L21 LOCATION: Southwest Corner of Minnewashta Parkway and Kings
Road
1 9.7 APPLICANT: Daryl and Debra Kirt
P.O. 692
IChanhassen, MN 55317 -
I
PRESENT ZONING: RSF, Residential Single Family
IACREAGE: 6 . 28 acres
IDENSITY:
ADJACENT ZONING -� -
AND LAND USE: N- RSF; single family I,QiJcY
S- Lake St. Joe J?t' 'u:xn't
I F E- PUD; townhomes �'�`(
.22/erg__.
W- RSF; single family
I Lii
WATER AND SEWER: Available to the site
PHYSICAL CHARAC. : A majority of the site is a Class A
wetland with lakeshore on Lake St. Joe.
1 2000 LAND USE PLAN: Residential Low Density
N
Kirt Variance
June 26 , 1989
Page 2
APPLICABLE REGULATIONS
Section 20-409 of the Wetland Ordinance requires a minimum struc-
ture setback of 75 feet from the ordinary high water mark.
ANALYSIS
The applicant is requesting a setback variance from a Class A
wetland to allow them to construct a single family residence.
The 6 . 3 acre site is located at the southwest corner of Kings
Road and Minnewashta Parkway. A majority of the site is a Class
A wetland with a small portion of buildable area located in the
northeast corner of the site. The lot is an existing lot of
record and therefore must be permitted to have a single family
residence located on the site. The applicant has worked closely
with staff and with the Fish and Wildlife Service to properly
stake the edge of the wetland and to locate the proposed single
family residence where it would least impact the wetland. The
site plan locates the proposed home and garage in the northeast
corner of the site where it is meeting the 30 foot front yard
setback and is also maintaining a sanitary sewer lift station
easement located in the northeast corner of the property.
Staff has visited the site several times with the Fish and
Wildlife Service to determine the extent, the type and the
quality of the wetland. The wetland is of lower quality where
the applicant is proposing to be within the 75 foot setback and
is also proposing partial fill for the construction of the home.
Staff feels that the applicant has tried to situate the house as
best possible with the existing conditions of the site and is
trying to maintain as much of the 75 foot setback as possible.
The closest portion of the proposed structure (garage) would be
25 feet from the edge of the wetland.
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 literal enforcement of the 75 foot setback from the edge ,
of the wetland would not allow a single family structure to be
located on the lot.
B. That the hardship is caused by special conditions and cir- I
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.
* The hardship is caused by special conditions and circumstances
of the lot. The parcel is an existing lot of record with the I
1
' Kirt Variance
June 26 , 1989
Page 3
majority of the site designated as a protected wetland.
Without a variance the site would not be buildable.
' C. That the granting of the variance is necessary for the preser-
vation and enjoyment of substantial property rights .
* The granting of the variance is necessary for the preservation
and enjoyment of substantial property rights.
' D. That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
* The special conditions and circumstances are not a consequence
of a self created 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
in keeping with the spirit and intent of the Ordinance.
* The applicant has worked closely with staff and Fish and
Wildlife Service to ensure that the impact to the wetland of
' the proposed house would be minimal.
RECOMMENDATION
Staff recommends the Board of Adjustments and Appeals adopt the
following motion:
' "The Board of Adjustments and Appeals approves of Variance #89-7
to permit a single family residence to be located 25 feet from
the edge of a Class A wetland as shown on the site plan dated
' "June 21, 1989" with the following conditions :
1 . Type Itrerosion control as shown on the site plan will be
installed prior to any alteration of the site.
' 2 . Any additions to the garage or home within the required set-
backs will require additional variances . "
' ATTACHMENTS
' 1. Zoning Ordinance excerpt
2 . Site plan dated June 21, 1989
w i �
§ 20-407 CHANHASSEN CITY CODE
(4) Sedimentation basins for construction projects. ,
(5) Open storage.
(6) Animal feedlots.
(7) The planting of any species of the genus Lythrum.
(8) Operation of motorized craft of all sizes and classifications.
(Ord. No. 80,Art. V, § 24(5-24-5), 12-15-86)
Sec. 20-408. Prohibited uses in class B wetlands.
The following uses are prohibited in class B wetlands:
(1) Disposal of waste material including, but not limited to, sewage, demolition debris,
hazardous and toxic substances,and all waste that would normally be disposed of at a
solid waste disposal site or into a sewage disposal system or sanitary sewer.
(2) Solid waste disposal sites, sludge ash disposal sites, hazardous waste transfer or
disposal sites.
(3) Animal feedlots. –'
(4) The planting of any species of the genus Lythrum.
(Ord. No. 80, Art. V, § 24(5-24-6), 12-15-86)
Sec. 20-409. General development regulations.
Within wetland areas and for lands abutting or adjacent to a horizontal distance of two
hundred(200)feet, the following minimum provisions are applicable: o
(1) The minimum lot area is fifteen thousand(15,000)square feet.
(2) The minimum structure setback is seventy-five(75)feet from the ordinary high water
er
'
(3) Septic and soil absorption system setbacks are two hundred (200)feet from ordinary
high water mark.
(4) The lowest ground floor elevation is three(3)feet above ordinary high water mark.
(5) No development shall be allowed which may result in unusual road maintenance
costs or utility line breakages due to soil limitation, including high frost action.
(Ord. No. 80, Art. V, § 24(5-24-13), 12-15-86)
Secs. 20-410-20420. Reserved. I
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