7. Lot Area Variance, NE Corner of Lone Eagle Dr. 7
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I • BOA DATE: July 25 , 1988
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\I 'l CITY 0 F
CHANHASSEN C.C. DATE:
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CASE NO: 88-7 Variance
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Prepared by: Olsen/v
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STAFF REPORT
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IPROPOSAL: Lot Area Variance for a 9 ,273 Square Foot Lot
Acton :-.y Cy Administrator
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... LOCATION: Lots 2275-2279, Carver Beach
APPLICANT: Lotus Realty _l_ La.S--/ _
-gig. P.O. Box 100
Chanhassen, MN 55317 .
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PRESENT ZONING: RSF, Single Family Residential
ACREAGE: 9 , 273 square feet
DENSITY:
IADJACENT ZONING
AND LAND USE: N- RSF; single family .
IS- RSF; single family
414( E- RSF; single family
IIIC . W- RSF; single family
CD
IW WATER AND SEWER: Water and sewer is available
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PHYSICAL CHARAC. : The majority of the site is open space
with a few existing trees .
I2000 LAND USE PLAN: Low Density Residential
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Lotus Realty
July 19 , 1988
Page 2
APPLICABLE REGULATIONS
Section 20-72 of the Zoning Ordinance permits lots of record
' which meet 75% of the minimum requirements of street frontage and
lot area to receive a building permit. Lots that do not meet
the 75% requirement must receive a lot area variance from the
' Board of Adjustments and Appeals and/or City Council (Attachment
#1) .
ANALYSIS
The proposed site is located on the northeast corner of Nez Perce
Drive and Lone Eagle Road. The subject site consists of five
Carver Beach lots of record with a total area of 9 ,273 square
feet. The property is bordered on the north and east by single
family residences and by Nez Perce Drive and Lone Eagle Road on
the west and south. The site is fairly level with little
existing vegetation. The applicant has shown a house plot plan
on the subject site which meets the required setbacks of 30 feet
from each street frontage and 10 feet on the remaining sides .
The proposed house plan illustrates that a single family resi-
dence could be located on this lot without requiring setback
variances.
' The proposed house plan is similar in size to existing homes of
the area. In the attached letter from the applicant, it is
' stated that there is a owner of the property who is proposing to
construct a single family residence on the site which would meet
all of the other requirements of the Zoning Ordinance and not
necessitate other variances .
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.
* If the variance is not granted the lot would not be permitted
a single family residence. Therefore the applicant would be
' denied 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 parcel is an existing lot of record.
C. That the granting of the variance is necessary for the preser-
' vation and enjoyment of substantial property rights.
Lotus Realty
July 19 , 1988
Page 3
* Without receiving a variance, the applicant would not have _
substantial use of the property.
D. That the special conditions and circumstances are not a con-
sequence of a self-created hardship. '
* The subject site is an existing lot of record and is not 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.
* Granting of the variance would not be injurious to or adver-
sely
affect the surrounding neighborhood. The proposed house
on the site could meet the required setbacks and would be
similar in size to existing residences.
RECOMMENDATION
Staff recommends the Board adopt the following motion: '
"The Board of Adjustments and Appeals approves of Variance
Request #88-7 for a 5 , 727 square foot lot area variance to allow
construction of a single family residence on a 9 ,273 square foot
lot as shown on the site plan dated July 20 , 1988 and subject to
the following condition:
1 . A sewer and water connection charge of $6,772 . 90 will be
assessed against the property. "
ATTACHMENTS
1 . Section 20-72 of City Code.
2 . Letter from applicant.
3 . Application.
4 . Site plan.
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§ 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)
' 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.
(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 im-
1162
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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 residential property 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 building.
(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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LOTUS REALTY SERVICES
545 WEST 78th STREET, P.O. BOX 100
CHANHASSEN, MINNESOTA 55317
(612) 934-4538
' July 7, 1988
Ms. Barb Dacy
' City Planner
City of Chanhassen
Chanhassen, MN 55317
' RE: Lot Size Variance
Carver Beach
Dear Ms. Dacy:
Lotus Realty Services, Inc. as an agent for the owner, Jeff
' Kakach, is requesting a variance in a single family lot size. Mr.
Kakach owns lots 2275, 2276, 2277, 2278 and 2279 which are part of
the Carver Beach recorded plot. These lots, when combined, contain
approximately 9723 square feet. The reason for this request is
that the current single family ordinance requires lot sizes to be
15,000 square feet or a minimum where allowed of 75% of 15,000
' square feet which is 11,250 square feet without the need for a
variance request.
These lots are located in the northeast corner of Nez Perce and
' Lone Eagle Road. Lotus Realty Services feels that this request is
warranted based upon their combined comparable size to other sites
that single family homes are built on in the Carver Beach area.
' Also, the location of the property does not allow for additional
lots to be added. The property is bounded on the north and east by
existing single family homes and on the south and west by city
' streets.
Mr. Kakach plans on building a single family home that will be
marketed to first time home buyers, priced under $100,000.00
' dollars and be compatible with the neighborhood. No other variances
are being sought in connection with this lot size variance request.
Mr. Kakach and Lotus thank you for the opportunity to present this
request.
S'ncerely,
1 /jb -
I Harold Ness
Lotus Realty Services, Inc. (Agent)
HN:cj
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LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900
APPLICANT: Lotus Realty Services OWNER: Jeff Kakach ,
ADDRESS P.O. Box 100 ADDRESS 7000 Eden Prairie Road
Chanhassen, MN 55317 Eden Prairie, MN 55344
Zip Code Zip Code
TELEPHONE (Daytime ) 934-4538 TELEPHONE 934-3434
REQUEST:
Zoning District Change Planned Unit Development
Zoning Appeal Sketch Plan
Preliminary Plan
Zoning Variance Final Plan
Zoning Text Amendment Subdivision '
Land Use Plan Amendment ' Platting
Metes and Bounds
Conditional Use Permit
Street/Easement Vacation
Site Plan Review
Wetlands Permit '
PROJECT NAME NA
PRESENT LAND USE PLAN DESIGNATION Single Family '
REQUESTED LAND USE PLAN DESIGNATION Single Family
PRESENT ZONING Single Family
REQUESTED ZONING Single Family '
USES PROPOSED Residential
SIZE OF PROPERTY Approximately 9700 Square Feet ,
LOCATION Northeast corner of Lone Eagle Road and Nez Perce Road
REASONS FOR THIS REQUEST See attached summary
LEGAL DESCRIPTION (Attach legal if necessary) lots 2275,2276,2277,2278,2279 1
• - - :-.. - • • -• plot
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City of Chanhassen
' Land Development Application
Page 2
FILING INSTRUCTIONS :
This application must be completed in full and be
typewritten
clearly printed and must be accompanied by all information and or
1 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
applicable to your application .
1
FILING CERTIFICATION:
1 The undersigned representative of the applicant hereby
certifies
that he is familiar with the procedural requirements of call
applicable City Ordinances .
Signed By
1 Date //
Applicant 7 7
1
1 The undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
described .
Signed B Date 7 11
Fee Owner
1
1 Date Application Received
Application Fee Paid
City Receipt No.
1
* This Application will be considered by the Planning Commission/
1 Board of Adjustments and Appeals at their
meeting.
1
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CERTIFICATE OF SURVEY
FOR: Lo T4/S REA G 7 - S Eey/C ES
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o Denotes iron monument
Proposed lowest floor elev. = 1
D Denotes offset stake Proposed top of foundation elev._
x 000.o Denotes existing elev.
. BENCH MARK: 7Lo/P of MN e•
(000.o) Denotes Proposed elev.
-,- Denotes surface drainage fez �i e 42c�r� I
Proposed garage floor elev.• °,C(o•oo L Ga/7 c Eay/t ,�o vq:
E/= 903. 9o, (/n ve -/ ,81,90)
I hereby certify that this is a true and correct representation of a survey of File No.
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the boundaries of the above described land and of the location of all buildings,
DEMARS-GABRIEL if any, thereon, and all visible encroachments, if any, from or on said land
LAND SURVEYORS, INC. 16 Book — Page
As surveyed by me is �•ay of n
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3030 Harbor Lane No. / 9 - 7 6 I
Plymouth MN 55441 ' ,
Phone:0512)559-0908 / Scale
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