6. Side Yard Setback 9131 Lake Riley Blvd 1 �
C I T Y 0 F BOA DATE: Oct. 9, 1989
I � I - CHANIIASSZN C.C. DATE:
Y CASE NO: 89-13 Variance
1 Prepared by: Al-Jaff/v
il
STAFF REPORT
1 ,
I PROPOSAL: A 4 Foot Side Yard Variance To Enlarge An Existing
Non-Conforming Residence �y
I <12 e:lY�filS'R
1 V LOCATION: sr
No-31-01c1 t:',,���4�.-
9131 Lake Riley Blvd, io'=" �-��
IIAPPLICANT: James Hendrickson _ M
...10
9131 Lake Riley Blvd. /� -g?.-s j
Chanhassen, MN 55317
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PRESENT ZONING: RSF, Residential Single Family
IACREAGE: . 35 acres
DENSITY:
ADJACENT ZONING
AND LAND USE: N- RSF; single family
IS- RSF; single family
N.
1 E- A-2; agricultural
Q W- Lake Riley
ILLI-1 WATER AND SEWER: Available to the site.
1 PHYSICAL CHARAC. : The site is a ripariance lot between
Lake Riley and Lake Riley Boulvard.
II2000 LAND USE PLAN: Low Density Residential
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' JAMES HENDRICKSON VARIANCE
OCTOBER 9, 1989
BACKOROUND
' The applicant started demolition of the old structure on his
property before obtaining a demolition permit and was stopped
by the Building Inspection Department . Hence, a building
' application permit was submitted and it was discovered that
a variance was needed to implement the proposed plans .
' APPLICABLE REGULATIONS
Section 20-615 of the Zoning Ordinance requires a 10 foot
' setback for a side yard (Attachment #1 ) .
Section 20-74-b. of the Zoning Ordinance allows nonconforming
residential units to be improved provided the number of
dwelling units does not increase (Attachment #2 ) .
ANALYSIS
' The applicant is proposing to remodel and add to the
existing residence located at 9131 Lake Riley Boulevard .
The proposed addition is located on the south side of the
property, which will fill-in two wings of the house with a
hallway and a laundry room. This addition will require a 4
foot variance . The applicant is also adding a deck and a
' three seasonal porch on the east side of the property which
will be continuous with the existing easterly elevation of
the house . On the west side of the lot, a garage will be
added (Attachment #3 ) .
The adjacent lot located to the south of the lot in question
is screened by a fence and shrubbery.
The Board of Adjustments and Appeals shall not recommend and
the Council shall not grant, a variance unless they find the
following hardship and practical difficulty.
' A. That the literal enforcement of the Ordinance would
cause undue hardship and practical difficulty.
' * The literal enforcement of the Ordinance will create a
hardship since it will make it difficult to make
efficient use of an existing home .
B. That the hardship is caused by special conditions
and circumstances 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 .
I
* The design of the existing home offers few options for ,
efficient expansion.
C. That the granting of the variance is necessary for the ,
preservation and enjoyment of substantial property
rights .
* The applicant has use of the property. 1
D. That the special conditions and circumstances are not a
consequence of a self-created hardship .
* The circumstance is not a self-created hardship. The
hardship stems from the fact that the dwelling is older
and does not comply with the current ordinances . The
applicant is attempting to work with the existing
dwelling and improve it to meet current needs. ,
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 adjacent property is protected by a fence and '
shrubbery. The addition is in-fill construction between
two existing non conforming sections of the home . The
new addition will encroach no closer to the property
line than the existing structure . Thus we believe there
will be little or no impact on the adjoining parcel and
will not be visually noticeable from the street.
RECOMMENDATION '
r Staff is recommending approval of Variance Request #89-13 for
a 4 foot side yard variance as shown on the site plan dated
June 8, 1989 for the reasons outlined above with the
following conditions :
1. Maintain a minimum of 6 feet side yard setback to the
south.
2 . Maintain a minimum of 10 feet side yard setback to the
north .
3 . Maintain a minimum of 75 feet rear yard setback to the
east .
4 . Maintain a minimum of 30 feet front yard setback to the
west where there is no existing foundation that has been
grandfathered in.
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ATTACHMENTS
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1. Zoning Ordinance -Section 20-615
2 . Zoning Ordinance -Section 20-74-b
I 3 . Existing Features and Proposed site plan dated June 8,
1989 .
4 . Application.
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ZONING § 20-631
Sec. 20-614. Conditional uses. '
The following are conditional uses in an "RSF" District:
(1) Churches.
(2) Private stables, subject to provisions of chapter 5, article III.
(3) Recreational beach Iots.
(4) Commercial stable with a minimum lot size of five(5)acres.
(Ord. No. 80,Art. V, § 5(5-5-4), 12-15-86)
State law reference—Conditional uses,M.S. § 462.3595.
Sec. 20-615. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is fifteen thousand(15,000)square feet.
(2) The minimum lot frontage is ninety(90)feet, except that lots fronting on a cul-de-sac I
shall be ninety(90)feet in width at the building setback line.
(3) The minimum lot depth is one hundred fifty(150)feet. '
(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(5) The setbacks are as follows:
a. For front yards, thirty(30)feet.
b. For rear yards, thirty(30)feet.
c. For side yards, ten(10)feet.
(6) The maximum height is as follows: '
a. For the principal structure, three(3)stories/forty(40)feet.
b. For accessory structures, three(3)stories/forty(40)feet. '
(Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86)
Secs. 20-616-20-630. Reserved. ,
ARTICLE XIII. "R-4"MIXED LOW DENSITY RESIDENTIAL DISTRICT '
Sec. 20-631. Intent.
The intent of the "R-4" District is to provide for single-family and attached residential
development at a maximum net density of four(4)dwelling units per acre.
(Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) '
1209
' ZONING § 20-75
• posed by other provisions of this chapter, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record on February 19, 1987 provided that it
fronts on a public right-of-way or approved private street and provided that the width and
' area measurements are at least seventy-five(75)percent of the minimum requirements of this
chapter. If two (2) or more lots or combinations of lots and portions of lots with contiguous
street frontage in single ownership are of record on February 19, 1987, and if all or part of the
' lots do not meet the width and area requirements of this chapter for lots in the district, the
contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter
and no portion of such parcel shall be used or occupied which does not meet lot width and area
' requirements of this chapter, nor shall the parcel be so divided that any remaining lot does
not comply with such requirements.
(Ord. No. 80, Art. III, § 5(3-5-2), 12-15-86)
' Sec. 20-73. Discontinuance.
' (a) In the event that a nonconforming use of any building or premises is discontinued or
its normal operation stopped for a period of one (1)year, the use of the same shall thereafter
conform to the regulations of the district in which it is located.
(b) In the event that the use of a nonconforming advertising sign structure is discon-
tinued or its normal operation stopped for a period of six (6) months, the structure shall be
removed.
(Ord. No. 80, Art. III, § 5(3-5-3), 12-15-86)
Sec. 20-74. Alterations.
(a) If no structural alterations are made, a nonconforming use of a building may be
changed to another nonconforming use of the same or more restricted intensity by conditional
' use permit. Whenever a nonconforming use of a building has been changed to a more re-
stricted use or to a nonconforming use, such use shall not thereafter be changed into a less
restricted use.
' (b) Alterations may be made to a residentialproperty containing nonconforming residen-
tial units when they will improve the livability of such units, provided, however, that they do
' not increase the number of dwelling units in the buildi r .
(Ord. No. 80, Art. III, § 5(3-5-4, 3-5-5), 12-15-86)
' Sec. 20-75. Restoration.
No nonconforming use, building or structure, except single-family dwellings in a residen-
tial district, which has been damaged by fire, explosion, flood, act of God or other calamity to
the extent of more than fifty (50) percent of its assessed market value may be restored. A
nonconforming use,building or structure which is damaged to a lesser degree may be restored
and its previous use continued or resumed provided that restoration is completed within one
(1) year following its damage and no enlargement occurs. Notwithstanding section 20-72, a
single-family residence may be restored to its original location.
' (Ord. No. 80, Art. III, § 5(3-5-6), 12-15-86)
1163
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Exhibit
III
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Legal Description: G 0 T /� 0 Z-0 /G, _ 1
Property Address: 9/3 / C,fi-i i /G6`-.7 '7 v444 C/ // 5SC->./ 1
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"The location of the Improvements shown on this drawing are a I are
I The lot dimensions are taken from the record plat or county records.This drawing s for informational purposes soand should not
be used as a survey.It does not constitute a liability of the company and Is Intended for mortgage purposes only."'
ETS 1031 (9/88) I
KNOWN CLAIMS OR TITLE DIFFICULTIES:
Ir - ..i.
II LAND DEVELOPMENT APPLICATION
CITY OF CHIANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
II . (612) 937-1900
APPLICAN / � ^'
5 Z �"i�.� 70WNER4 17 .i S Z /- '0,4:149
ADDRESS 9/f/ ,4 ;17.24 j
ADDRESS "/ / ,4. 7.41- — • -
7j75s '"),, /e/A/.�53/ • a
I Zip C de -_ `- � /'
TELEPHONE (Daytime) 7" /a TELEPHONE-075,3 Zip Code
II REQUEST: • r _ — :
Zoning District Change
-
Planned Unit Development r;
I • Zoning Appeal Sketch Plan
Zoning Variance Preliminary Plan
I Final Plan -
Zoning Text Amendment
Subdivision
I ____ Land Use Plan Amendment
Platting
Conditional Use Permit Metes and Bounds •
ISite Plan Review Street/Easement Vacation -
Wetlands Permit
IIPROJECT NAME - 4C'4,0 E
PRESENT LAND USE PLAN DESIGNATION ; -'(.7/..q4r1E--
IREQUESTED LAND USE PLAN DESIGNATION --S•i
PRESENT ZONING - e -
llREQUESTED ZONINGe-.S/C/c�C'C.
• USES PROPOSED 7 �-..
ISIZE OF PROPERTY 4 -S T
/ F-• /6.3- /� a /
p
• LOCATION 1/..f/ _ �� / U�s// , A - '
I REASONS FOR T HIS REQUEST ...EA. f/ 4'
I �oij ea- X5•'/7
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ILEGAL DESCRIPTION (Attach legal if necessary)
SEP 2011289 ..
CITY OF CHANHASSEN
City of Chanhassen
II
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Land Development Application
Page 2 I on
FILING INSTRUCTIONS : I
This application must be
This a completed in full and be typewritten
clearly printed and must be accompanied by all informationan or
plans required by applicable City Ordinance I
filing this application , provisions, d
to determine the specific ordinance andfproceduralere Before
applicable to City Planner • I
your application . requirements
FILING CERTIFICATION;
•
The undersigned re _ II
that he is familiar with applicable City hereby certifies
IY Ordinances . ' ants of all
Signed By c .I i / I
Applicant . Date --')'0— 7
The undersigned hereby The
to make this certifies that the applicant '
application for the hhe been
described, property• herein
Signed B �� �'
Fee Owner Date '9- �� �
I.
;.Date Application Received (, I/ - _-
Application Fee Paid .• ,rry
. • City Receipt No. -r< ?S I•
•
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This Application will be considered b
.; and Appeals at their by the Plannin
meeting. Commission/ II
Board of Adjustment
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