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5. Sideyard Setback, 7410 Chan Road 1 C I T Y 0 F 1989 II \� ClIAIIIIASSZN C.C. DATE:1 Y CASE NO 89-10 Variance 1 Prepared by: Al-Jaff & il1 STAFF REPORT il 1 PROPOSAL: A 7.4 Foot Side Yard Variance for Enlargement of Existing Garage 1 Arden by City !;f; r I Endorsed I ___ LOCATION: 7410 Chanhassen Road , ��__-._ - I - 907 APPLICANT: Fred Oelschlager 7410 Chanhassen Road c-/g.it�1---. IIChanhassen, MN 55317 I I PRESENT ZONING: RSF, Residential Single Family 1 ACREAGE: 1 3/4 acres DENSITY: II ADJACENT ZONING AND LAND USE: N- RSF; single family IS- RSF; single family IE- TH 101 Q W- Lotus Lake ILI WATER AND SEWER: Available to the site. IPHYSICAL CHARAC. : The site is a riparian lot between TH 101 and Lotus Lake 2000 LAND USE PLAN: Low Density Residential II • it? 41 . - .L1'Za Lc, LSe.�a ei MOOED MC FM IIMF- VA \ \ --.„„.* o /4:: ,/,' I Ell% rtwerf14---,,. : wain -. ' "\_____ - il ,,/ ,/ (/MP. 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P � DR D Ill lto ip E IGMWA Y ''�: = "; I OP 101 V 1 ,,, .1 ,,- ... 06 .,. ......," ' 01 •X.i *".12 n eq' . —el Ilibt 1661*, rii�i � l ; � !��J — et r1 � RSF 1 ., N - ease a . . :AZ=.s 1 , t Oelschlager Variance August 28 , 1989 Page 2 - BACKGROUND On July 24 , 1989, the Board of Adjustments and Appeals denied a variance request for a 7. 4 foot side yard variance for the construction of a detached garage (Attachment #1 - Staff report and minutes) . On August 1 , 1989, the applicant reapplied for a variance to enlarge one of the existing garages rather than construct a new ' garage. APPLICABLE REGULATIONS ' Section 20-71 of the Zoning Ordinance prohibits non-conforming buildings to be enlarged (Attachment #2) . ' ANALYSIS The applicant lives at the existing home at 7410 Chanhassen Road. The lot has two existing detached buildings which serve as garages . The existing garages are located 2 . 6 feet from the side yard lot line and are non-conforming structures (Attachment #3 ) . Currently, a driveway runs from Highway 101, across the lot, to the back of the house. Two motor vehicles are parked on the driveway and next to the existing garage. The applicant cannot use the existing garages to store a pick-up truck due to the size of the doors of the garages . The applicant is proposing to enlarge the width of the existing garage (Building A) by adding 15 feet to the east. The proposed enlargement requires a 7. 4 foot side yard variance. The proposed addition would be located 3 feet east of the existing detached garage. 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 ordinance will not cause undue hardship or practical difficulty to the applicant. 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. * It is not possible to meet the 10 foot side yard setback without removing existing trees or blocking off the driveway. I f II Oelschlager Variance August 28, 1989 Page 3 C. That the granting of the variance is necessary preser- vation the vation and enjoyment of substantial property rights . * The applicant has use of the property and existing garages. D. That the special conditions and circumstances are not a con- sequence of a self-created hardship. * The location of the existing home, structures and driveway create the hardship, which could be defined as 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. I * The variance will not be injurious to the surrounding property but will not be in keeping with the spirit and intent of the Zoning Ordinance. I RECOMMENDATION ' The ordinance prohibits the enlargement of non-conforming buildings and a hardship does not exist. Staff is recommending denial of Variance Request #89-10 for a 7 . 4 foot side yard variance as shown on the attached site plan. ATTACHMENTS I 1 . Board of Adjustments Minutes dated July 24 , 1989 and staff report. 2 . Zoning code excerpt. 3 . Existing features . 4 . Application. 5 . Site plan of proposed addition. r I r I I BOARD OF ADJUSTMENTS AND APPEALS MINUTES JULY 24 , 1989 MEMBERS PRESENT: Willard Johnson, Carol Watson and Ursula Dimler STAFF PRESENT: Jo Ann Olsen, Senior Planner SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A GARAGE, 7410 CHANHASSEN ROAD, FRED OELSCHLAGER Staff presented the report. The applicant, Fred Oelschlager, stated that he tore down the existing garage near the lake and now has a two car and a three car garage. The three car garage has an eight foot high door and the width does not allow him to fit his pick up truck. He ' currently uses his three car garage as storage and the proposed garage would be for the cars and truck. He stated that there are five cars on the property at all times and that he does not like having them outside. He felt that the hardship was that the 10 foot setback had to be preserved that the proposed garage would encroach onto the driveway. Watson stated that when things were built before the zoning ordi- nance and are within the setback they try to fix the problem and not perpetuate the problem. Therefore, she felt that some of the ' structures were currently within the setback that all new struc- tures should meet the setbacks. Johnson stated that the Board tries to correct setback problems and that he would like to see the garage moved to the 10 foot side yard setback. ' Fred Oelschlager stated that it is acceptable at 10 feet but that it would smother the area and the only other option would be to expand the three car garage to a four car garage. Watson moved, seconded by Dimler, to deny the side yard setback variance request. All voted in favor and the motion carried. ' Johnson moved, seconded by Watson to close the public hearing. All voted in favor and the motion carried. I I I 1 1 t ; ITY OF f 4 }S�,p--- _, DATE: July 24, 1989 C.C. DATE: ■ \ i :1- . II r C U A T U A ' CASE NO: 89-10 Variance • Prepared by: Al-Jaff & 1 STAFF REPORT 111 PROPOSAL: A 7. 4 Foot Side Yard Variance for Construction of II Garage 1 • 4;r1 by City Adrnih':strah?r Q I U LOCATION: 7410 Chanhassen Road ^' ``-q-°' II CL. APPLICANT: Fred Oelschlager II Q7410 Chanhassen Road _____/•24-7e1 Chanhassen, MN 55317 I I PRESENT ZONING: RSF, Residential Single Family ACREAGE: 1 3/4 acres I DENSITY: ADJACENT ZONING AND LAND USE: N- RSF; single family S- RSF; single family I f E- TH lUl II Q W- Lotus Lake W WATER AND SEWER: Available to the site. II cr) IPHYSICAL CHARAC. : The site is a riparian lot between TH 101 and Lotus Lake 2000 LAND USE PLAN: Low Density Residential II II Oelschlager Variance July 24 , 1989 , Page 2 APPLICABLE REGULATIONS , The RSF District requires a 10 foot side yard setback (Attachment #1) . ANALYSIS The applicant lives at the existing home at 7410 Chanhassen Road. The lot has two existing detached buildings which serve as garages and are located 2 . 6 feet from the side yard lot line (Attachment #2) . The applicant is proposing to build a 30 ' x 40 ' garage at a distance of 2. 6 feet from the side yard lot line. The proposed structure requires a 7 . 4 foot side yard variance. The proposed garage will be located 3 feet east of the existing detached garage. Currently, a driveway runs from Highway 101, across the lot, to the back of the house. Two motor vehicles are parked on the driveway and next to the existing garage. The applicant cannot use the existing garages to store a pick-up truck due to the size of the doors of the garages. 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 ordinance will not cause undue hardship or practical difficulty to the applicant. 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. * It is not possible to meet the 10 foot side yard setback without removing existing trees or blocking off the driveway. C. That the granting of the variance is necessary for the preser- ' vation and enjoyment of substantial property rights. * The applicant has use of the property and existing garages. ' D. That the special conditions and circumstances are not a con- sequence of a self-created hardship. ' * The location of the existing home, structures and driveway create the hardship, which could be defined as 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 ' 11 II Oelschlager Variance July 24 , 1989 Page 3 the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. ' * The variance will not be injurious to the surrounding property but will not be in keeping with the ordinance. ' RECOMMENDATION Although the proposed structure will not further encroach the set- back, will be screened from adjacent property and will provide additional storage, the applicant has use of the property and a hardship does not exist. Staff must therefore recommend denial of ' the variance. ATTACHMENTS ' 1. Zoning code excerpt. 2 . Existing features. 3 . Application. 4 . Proposed site plan dated July 5 , 1989. 1 r C ' ' I ZONING § 20-631 1 Sec. 20-614. Conditional uses. ' The following are conditional uses in an "RSF" District: (1) Churches. I (2) Private stables, subject to provisions of chapter 5, article III. (3) Recreational beach lots. I (4) Commercial stable with a minimum lot size of five(5)acres. (Ord. No. 80,Art. V, § 5(5-54), 12-15-86) I State law reference—Conditional uses,M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. I The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter: I (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. C' ( (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. I (5) The setbacks are as follows: a. For front yards, thirty(30)feet. I b. For rear yards, thirty(30)feet. c. For side yards, ten(10) feet. (6) The maximum height is as follows: I a. For the principal structure, three(3)stories/forty (40)feet. b. For accessory structures, three(3)stories/forty(40) feet. I (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 I Sec. 20-631. Intent. (..— The intent of the "R-4" District is to provide for single-family and attached residential I 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) e II 1209 .. ___.._._________— --,—,s.-7—..---TT, .''.-t-g••'‘;• "r• : .. ;Ir.r.i. • • 1> ,.. Il ,- — • g 171 ',., u ...., • •,n i„.c, :.s-u., . ." 4... i ..-.1 •1 -. OZ f.;' ..1 pi st1 .. I - ( V1 lij • .• ' . . • I . r _J - • :-- „, „....- . • u.\.I. • • . • !,-t■-`,„ -- . .--- I _- .....'........---.---.........-- . . , C-u , - . . . . -i ••,:q : , - . . '• II . ,.. , v , . -; •5 ---?3- • 4 ; -.5 r . •, ' •-0, - =' -.aiV.- .1 ' . 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I . r ... .... .... . • . . .,• I - •-• - • I - -- y ,{ . 1 LAND DEVELOPMENT APPLICATION IICITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 • (612) 937-1900 I APPLICANT: n _e-t) fi,t• COr lsSY=/-,4a-s s;_ OWNER: � ADDRESS n'J/O (;,,,,,,.,i�j,?g r .,,j Rd: ADDRESS I. �f?>i1 L Lc%W,/ui 1,,J i,ff . .j t 7 . ',7111 TELEPHONE (Daytime) {,_ Z Code -.. Zip Code , Y 93/ /5 so/) TELEPHONE 9,3e-/- _A-,j^r REQUEST: . Z III oning District Change Planned Unit Development • Zoning Appeal Sketch Plan �1 Zoning Variance Preliminary Plan • Final Plan IZoning Text Amendment Subdivision Land Use Plan Amendment Platting I • 1 Conditional Use Permit Metes and Bounds Site Plan Review Street/Easement Vacation I Wetlands Permit PROJECT NAME I PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION 1 PRESENT ZONING . REQUESTED ZONING I • .. USES PROPOSED S -k SIZE OF PROPERTY /3/1/---/ /-,7-z--/2,- _ -73 2 �_ •• LOCATION 9//0 (eh//-iL,4 ff-5e:_c•.,ui ,�7V- k REASONS / < I S FOR THIS REQUEST L1/9/� < €7/1.4.' C' 43e? ::,7./e r r L ‘:-6- L. ,)-1,t:--7- 'Zoe 4---/,---e,i. .., — L . i ' LEGAL DESCRIPTION (Attach legal if nece ssary) ' }1 • :I • .�...•_...__.i••_$....r .r•r:.Mr =I-.r. •IF City of Chanhassen II Land Development Application Page 2 • IFILING INSTRUCTIONS : This application must be completed in full and be typewritten or II clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions . Before filing this application , you should confer with the City Planner to determine the specific ordinance and procedural requirements Iapplicable to your application . FILING CERTIFICATION: I • The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all I applicable City Ordinances . II Signed B , c 40( cC? Z k ��;� Date eG ' � �`. Applicant . The undersigned hereby certifies that the applicant has been I authorized to make this application for the property herein n described. 1 . Signed By IFee Owner Date Co E l I7S/f' . IDate Application Received 3 /2o�ew‘jac -tr-r Application Fee Paid fib//Y- 557u -ASsLz.,Fcf r-,,.? I City Receipt No. .z'o•Z,. • ir * This Application will be considered by the Planning Commission i Board of Adjustments and Appeals at their , meeting , W o .4 wa i :1,43; w �n•ity G 4 c ■Y' `i i .- ell JJ 1' P, • ill • D Y ' �J •• Q g a. 0 J i ' f �. • J `.i - r 7 '-' ter; •,_ r • .1,, _.(1) ,a),,, 1 . :-., ... _.. . ,.„...., ;-. . 1.-=1 -' ' ....., ,, ,7-.■0 .. , • 4 .'q•-- ,- } -.JI gyp : �.... T 'V ' '©O yv v` 1, • R . ....,r) . �•1 1 ^ - ;© s. CD . IIlid+.. �► I 51 •' k..___ .4 • . : ; t ■ • tD • .. I • • - § 20-58 CHANHASSEN 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) • 1 Sec. 20-59. Conditions for use of single-family dwelling as two-family 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. 1 (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 he 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 im- 1162 ZONING § 20-631 1 r 1;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 lots. I (4) Commercial stable with a minimum lot size of five(5)acres. I(Ord. No. 80,Art. V, § 5(5-54), 12-15-86) State law reference—Conditional uses,M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. I The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter: I (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. C' C (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. I (5) The setbacks are as follows: a. For front yards,thirty(30)feet. Ib. For rear yards, thirty(30)feet. c. For side yards, ten(10) feet. (6) The maximum height is as follows: I 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. I ARTICLE XIII. "11.-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT I Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential I C development at a maximum net density of four(4)dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-1586) e 1209 •/ 1 . . . LAND DEVELOP.'TENT A.PPLICIITION CITY OF CIIANHASS690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 _APPLICANT: Fj'r11 /2), er.'/s::Alec.:t'rt_ OWNER: +ADDRESS ��/O L=fntr_,1jf '.'�„ ) -d: ADDRESS � >,1Z= • Zip Code Zip Code ITELEPHONE (Daytime ) 9,9'1 - /5.00 TELEPHONE 9 3 / - ,p 7 REQUEST: I • _ Zoning District Planned a Unit , • Change nit Development _ • Zoning Appeal Sketch Plan Preliminary Plan Zoning Variance Final Plan • IZoning Text Amendment Subdivision Land Use Plan Amendment Platting I Metes and Bounds • Conditional Use Permit Street/Easement Vacation Site Plan Review IWetlands Permit PROJECT NAME IPRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION IPRESENT ZONING • REQUESTED ZONING- ' • .( USES PROPOSED ..54/..1e2-..f .c" IA SIZE OF PROPERTY /3/<-,/ iz2,er _ S't--<° . 5-1-5-h71 ..4-7ci 4.3( LOCATION 9'/lc) f1 Niv h ft-5l --,j /Pd REASONS FOR THIS REQUEST Gl /�f �'n/t( g G 0L G 4-1/ - /oz_4--�4sz b-.J -- . I LEGAL DESCRIPTION (Attach legal if necessary ) I • C iL cz City of Chanhassen ' Land Development Application Page 2 • FILING _ INSTRUCTIONS: This application ' clearly printed must be completed in • plans required and must be accompanied full by and in be typewritten fiansg e by applicable Cit by apr iisis. dor to determine application, you should rdinance provisions. to determine to the s confer with the Before applicable your Pa plic ordinance and procedural City Planner application . - requirements is II FILING CERTIFICATION: • The undersigned representative that he is of the familiar with the procedural applicable City Ordinances . requirements of certifies 40( II of all I Signed B �_ �`►� ( ea�..7C Applicant _ Date �� The undersigned hereb• y I • certifies that • described. this application In the applicant has been for the property here II Signed By I Fee Owner Date - . 1 ` _7. -...-6,-"-,E.l.-- Pfc,>„� — 7SL'° Date Application Received S, / ' • Application Fee Paid /2V -1-joce.,�,c,r,I 645/1'-/lo, e-3t, • City Receipt No. '/Y- 557v -q � * This Application w ' B II oard or 111 be considered by Adjustments and Appeals their Planning Commission/ II II I i --- vS r7 � � 1- i r — r S 7* N 0'‘c,m V~ 41 7 d W I f7 G N � a) , i II s y Cr)--y > C r y a t' -1--Nix; W (.f�/ 4 7, t? I /►-L z> r�_ ' Fo jr � 1 I ��) X r c;p c 9 0 o p r I (./ < n n Q id N W �w N r F- . ll ; . !,=■ )- I r 0 • W�j I Z -° !V I 1 1 ./ ! l N I i � M 0 1 Ili I r - -c w. N 1 2 , ' < .I. 1/41 L Li 1 a. +r I ':•. _ I ;, i - W m , ; 1 11 ' ��� � � ; J.b'M H IH -- -- - � _ ; 1 E r %.) .0 / 1 7 fe i 1 N r O 10 V~ } 7 W4a _'�� I J N CO . y Q l} I . Q - O !i31 1 s, O _ d 1 Z r ( ifs �' I W ; _� ; v �; too o o j €i) r Q ; Q• I a I w d . z a C 1- . s f ! H �,,s fj I A N I d o M P I N W i w i • d I • V I ., j < . . 1 .. • -;, , 1 0 Ill I1 r 1: 1 I11 J ` H 1