8. Variance Rear Yard Setback, 310 Sinnen Circle and 8180 Marsh Drive 4 8.
BOA
I
' ' „Ai. C T Y O F DATE: June 26, 1989
I - C.C.\\1� ' CUAAE DATE:
Y �
'
-....—\_, CASE NO: 89-6 Variance
IPrepared by: Olsen/v
li
STAFF REPORT
1
IPROPOSAL: Rear Yard Setback Variance for the Construction of
Decks
Iz .
1 ID V LOCATION: 310 Sinnen Circle and 8180 Marsh Drive
(Lots 11 and 13, Block 4 , Hidden Valley)
I1.t.� APPLICANT: Dan Kerling g Robert Klinger
310 Sinnen Circle 8180 Marsh Drive
IChanhassen, MN 55317 Chanhassen, MN 55317
1
I I
PRESENT ZONING: PUD-R, Planned Unit Development
IACREAGE:
IDENSITY:
ADJACENT ZONING '°�� `
IAND LAND USE: N- PUD-R; single family fJ___ �+
Q S- PUD-R; single family
IE- PUD-R; single family ---- 6d f R .
W- PUD-R; single family ______ T ---
I ' WATER AND SEWER: Available to site
U-- R-
PHYSICAL CHARAC. : Each lot has an existing single family
residence.
II2000 LAND USE PLAN:
i
i
'� �'YE�ST 7��� ST{"'T - Nom i I. r ;TH :;T =1
,..., p . ami ,,,, ED « .
, 1•41 . -- ---0.•• 1. ..w
r's I
_ !Ili BiafillOt. --7----4411112-,, . • -
, .., Mir w _ -.vJ r S�
_ 3 10P I
'ailliiiiip. 1 GHW PI,( . - :4, -17! ler 4 4 O 0
i.. AK Eloo. di wir_ op__4„
1 01 VI -, MI az R.7.• IN„, .*
� • co
peapo5 '_F i •�L ` . ��.., me {a 8100
111
s'
. t �.,� RAF azoo ci :11
Lid•�: INNEN '�� 8300
I
•
\_ CIRCLE
s_L
AKE SUSAN ', ,� ` . .: �
J
RD
ICI ! RICE E Al A/ 'SN L ax E :•.
•
- 1 NE
_ — _:_..
1 = I
_ _ 86 TH ST . I
pp s t —8600
J
1
m 8700
RSr-
° 1 seoo
fl- POND
I. w
iiIL 0 8900•
Cr c R I8 , cet7__ ( .
is ' 1. 9000
;16/) RD ''', e .
_t.. az: l' 9100 '
A2 PUD 1,
•� �":' " if 9200
�.,,
•} 111 � Intl ��` r LAKE
," 9300 I
9 ' � SF RILEY
(-'\ `; Z ' 9400
gi
M
II
' Kerling/Klinger Variance
June 26, 1989
Page 2
APPLICABLE REGULATIONS
The Zoning Ordinance requires a 30 foot rear yard setback and
' allows a deck to be located 5 feet within the rear yard setback
allowing a 25 foot setback for a deck.
The Zoning Ordinance allows an accessory structure to be located
' 5 feet from the rear lot line.
ANALYSIS
Mr. Klinger applied for a building permit for the construction of
a deck. When staff reviewed the site plan, staff found that the
deck would have to receive a variance in order for it to be
constructed.
Mr. Kerling has a similar lot configuration which would not permit
' him to construct a deck without also receiving a variance. The
lots back up to one another. The applicants applied jointly for
the variance to allow the Board of Adjustments and the City Council
to review the existing situation in the Hidden Valley PUD which due
to the size of the lots and the location of the homes , additional
decks or porches will not be permitted without variances.
Staff has explained to the applicant that when the Hidden Valley
PUD proposal was being reviewed by the Planning Commission and
City Council, one of the concerns was the small size of the lots
would require variances for decks and porches . The applicants
situation is that the developer constructed the homes with patio
doors leaving the applicant to believe that decks and porches
' would be permitted.
As can be seen on the site plans, the homes are already meeting
all of the required setbacks, 30 foot front and rear, and the
side yard setbacks . There is no room in the rear yard for any
size deck or porch to be permitted without a variance. Mr.
Klinger is requesting a 19 foot variance to the rear yard set-
back. Mr. Kerling is requesting a 16 foot variance to the rear
yard setback. If the variance is not permitted Mr. Klinger is
proposing to construct the deck as an accessory structure so that
' under the ordinance, it would permitted five feet from the rear
lot line. In order to have it be considered as an accessory
structure, Mr. Klinger will construct the deck (at ground level)
6 feet away from the house and then would construct the rest of
the deck above ground level. By constructing the deck at ground
level, the building code does not consider it as an attached
structure and would define the proposal as an accessory struc-
ture.
The Board of Adjustments and Appeals shall not recommend and the
Council shall not grant, a variance unless they find the
following facts :
II
Kerling/Klinger Variance
June 26 , 1989
Page 3 -
A. That the literal enforcement of the Ordinance would cause
undue hardship and practical difficulty.
* The literal enforcement of the chapter would not allow the 1
applicants to have a deck or porch but does not prohibit them
from having use of the property.
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.
* The hardship is caused by the size of the property and the
size of the home that is located on the lot. The hardship is
not caused by special conditions pecularily to the land and
structure.
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 not necessary for the preser- 1
vation and enjoyment of substantial property rights.
D. That the special conditions and circumstances are not a con- I
sequence of a self-created hardship.
* The special conditions and circumstances were self created by
the size of the lot and the existing home located on the site.
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 granting of the variance will not be in keeping with the
spirit and intent of the ordinance.
Staff understandsthat the applicants were under the impression that ,
they could constuct a deck or porch and that the limitations of the
lots prevent any additions without a variance, but in reviewing the
five standards for the approval of a variance, the applicants do
not have hardship and staff cannot recommend approval of the
variance.
ATTACHMENTS
1 . Application.
2 . Site plans of lots.
I
;'.,,, zz lCs4 ` - K �=1 ► f-kG
9.Y9 r. l0 °' 1 }--4,t--4 _,',---1 Gt rf c t_Fr
GAP 1-tAt ..Ar1\t?.. - - O Vs./JO
-__ ? "<t•-..., ?, -.
6 ;4 \ ° '''';?9Y ia, 'N --.7i--------
v„ - 4 ! e _Pte,
/� ! .\\.... !
ter 141 X 1$l 644,14 134yA. Nnu
Z.SP i.- \ ~ J , 1
r _ ra,� 'M�., �`0•
. „:� _ _stT `( p'D
Is S \ u1 70P cc- ; ...t_r)( rr, F, t
4-'
.ter •
_ O ' '
`
LAj7iSS 4,,,.2,‘,.41.6#
= 1 Sf
,11 ge4C) 1
' •
L 6 e r
•
0 Denotes Aron Monument
Denotes Wood Slake -
X000.p Denotes Existing Elavatiorr Proposed Top of Foundation Elevation.. { .
(000.0) t7enateS Proposed Elevation Proposed Garage Floor Elevation• '=t 443. .,- '
-4- Denotes Dlrectfon of Surface Drainage Proposed LG'wvust Floor Elevation* ctC .Ca
1 hereby Certify that this is a true and Correct reoresenf ation of a survey of the boundaries of:
And of the location of all buildings, If any, thereon, and all visible encroachments, if any, from or
on said land. It also shows the location of the stakes as set for a proposed building, As surveyed
by me or under my direct supervision this _____.._-..,day o1�._ _.. tg .
W J Land Sur,eyor. Minn. neg. No.
' x%-240' : CERTIFICATE OF SURVEY
Y p - 000K A
'�: .: . '. McCCMBS-KNUTSON ASSOCIATES, INC.
.-- ' i/Ml�llflAi ted,11!AI f•:All;luA/If�n a lift ?1AM,I�1f �Il('�.y
f},1 ,,..:.. M,M+tA,Olel w >nrir,411410K,wow.IMOTA
In
I
1
1
1