7. Front Yard Setback Variance, 7200 Pontiac Circle IBOA DATE: Aug. 8 , 1988 f
CITY OF
\ C.C. DATE:
a� \� � CHANHASSEN' CA SE NO: 88-9 Variance
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II Pre"' Prepared b
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STAFF REPORT
I PROPOSAL: A Nine Foot Front Yard Variance For the Construction
of a 10 ' x 20 ' Deck
I Action by City Administra*cr
EEndorsed—
QModified
Rejackd I 52 LOCATION: 7200 Pontiac Circle .,_,,1 ,�-,lS/e�a�
IEl: APPLICANT: Kathryn Hedlund
Q 7200 Pontiac Circle -- af / ' ___-.
Chanhassen, MN 55317
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PRESENT ZONING: PUD-R, Planned Unit Development - Residential
1 ACREAGE: Approximately 5 ,500 sq. ft. (quad home)
DENSITY:
IADJACENT ZONING
AND LAND USE: N- PUD-R; quad home
IS- PUD-R; quad home
I1-4141(
Q E- PUD-R; quad home
W- PUD-R; quad home
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IW WATER AND SEWER: Available to site
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(f) PHYSICAL CHARAC. : The site has been developed into quad home ; .
I2000 LAND USE PLAN: Residential Medium Density
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Hedlund Variance
August 8 , 1988
Page 2
APPLICABLE REGULATIONS
The Zoning Ordinance requires a 30 foot front yard setback for
' any structures .
BACKGROUND
' The subject property is part of the Chaparral PUD. Under the
development contract for the Chaparral Planned Unit Development
' it is stated that all sites had adequate area to meet the
required setbacks of the city which are 30 feet front and rear
setbacks and 10 foot side yard setbacks (Attachment #1) .
' ANALYSIS
The applicant is proposing to construct a 10 ' x 20 ' deck which
' would be located within the 30 foot front yard setback from
Pontiac Circle. ( see Attachment #2) . The site is a quad home
located on Pontiac Circle with the front of the house actually
facing north and Pontiac Circle located to the east.
When staff reviewed the site plan and saw that the deck was
within the 30 foot front yard setback, the applicant was notified
' that a variance was required. Upon site inspection, it was found
that almost all the quad units in the area had decks which were
within the 30 foot yard setback.
1 There is no record of variances being granted for the existing
decks within the front yard setback. Staff reviewed the
Chaparral PUD file and the development contract to determine if
the decks were allowed as an exception to the required setbacks .
The only reference to setbacks was in the development contract
which stated that the lots were adequate in size to permit the
' required setbacks to be met and that no variances would be
required (Attachment #1) . Upon review of the building permit
files , it appears that a number of the decks were either built at
the same time as the quad units or did not receive a permit and a
few had been approved by staff. (The decks were never shown on
the building permit site plans . )
There are existing dividing walls on each quad unit. The
dividing walls are located into the front yard setbacks and the
decks match the dividing walls. Because of the design and loca-
1 tion of the quad units on certain lots , there are no other loca-
tions for a deck except within the front yard setback. Staff
finds it difficult to recommend denial for this variance when
other decks have been constructed within the 30 foot front yard
setback and there is no other location for the deck to be
constructed. Therefore, staff recommends the Board of
Adjustments and Appeals to adopt the following motion:
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Hedlund Variance
August 8 , 1988
Page 3
1
"The Board of Adjustments and Appeals recommends approval of a 9
foot variance to the 30 foot front yard setback to permit a 10 x
20 foot deck. "
To resolve any future conflict with proposed decks within the
front yard setback on the quad units, staff recommends that the '
PUD development contract for Chaparral be amended to identify
remaining quad lots with potential for decks within the 30 foot
front yard setback and to provide a reduced setback for those
quad decks . Staff recommends that a 20 foot front yard setback
be maintained for the quad decks and that the reduced setback not
apply to single family and twin home lots. There are a total of
15 quad units which could request a front yard variance for a
deck.
If the Board of Adjustments and Appeals does not wish to reduce
the setbacks for the remaining decks on quad homes in Chaparral,
the City may act on future cases individually. But, given approval
of cases with similar circumstances, the City may be in a position
of having to approve the variance request. Therefore, staff
recommends that the PUD development contract be amended to
clarify the position of the City for quad decks located in the
front yard setback in Chaparral. '
ATTACHMENTS
1 . Development Contract for Chaparral . 1
2 . Site Plan.
3 . Letter from neighbors.
4 . Letter from HOA.
5 . Application.
1
II
5.06 Trees to be Provided.
The Developer shall provide each single family detached
dwelling, each duplex, and each quadraminium with one boulevard tree
of species acceptable to the City Forester and of a diameter of
not less than 1-1/2 inches . In the case of corner lots, one such
Itree shall be furnished for each street frontage.
5.07. Easements to be Shown on Plat.
IEasements for drainage, storm water holding ponds, City
access to storm water holding ponds for maintenance purposes, and
I utility easements shall be shown on all final plats .
5. 08 No Variances .
IThe Developer acknowledges that the City has approved the
j subject plats with the understanding that the Developer has thoroughly
studied lot configurations depicted on the subject plat and that the
Developer is satisfied that no variances from the following standards
I will b e necessary:
a. front yard setback: 30 feet
Ib. side yard setback: 10 feet
C. rear yard setback: 30 feet.
I5 .09 Proof of Title.
Upon request, the Developer shall furnish the City with
I evidence satisfactory to the City that it is fee owner of the subject
property.
5.10 Notices.
IAll notices , certificates and other communications hereunder
I shall be sufficiently given and shall be deemed given when mailed by
certified mail, return receipt requested, postage prepaid, with proper
address as indicated below. The City and the Developer, by written
notice given by one to the other, may designate any address or addresses
Ito which notices, certificates or other communications to them shall be
sent when required as' contemplated by this agreement. Unless otherwise
provided by the respective parties, all notices, certificates and communi-
cations to each of them shall be addressed as follows :
' To the City: City of Chanhassen
City Hall
I _ 7610 Laredo Drive
Chanhassen, MN 55317
Attn: City Manager
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Certificate of Survey for NEW HORIZON HOMES 1
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• Bearings shown are assumed
Proposed Buildino Dimensions shown PROPOSED ELEVATION
are foundation Wel. Brick, trim, and Gara e Floor ' 976.5
eaves not dimensioned or shown.
ODenotes proposed elevation per 44
developrnenf plan C-.08-79 NORTH
LOTS 29 30 31 AND 32 BLOC( 2 - Scale: 1=50'
CHAPARRAL 3RD 4001 7"14N - Carver Count Minn.
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CIMARRON HOME OWNERS ASSOCIATION '
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Application for Addition or Alteration
To Homeowner's Property '
1. Name of Homeowner: T//✓'l /7 /--A4,(li,(
2. Address: 7? ,40i;�-r,��
3. Date of Application: /2-`/ '
4. Description of Addition/Alteration:
SrzE C,k c-c/ v r 104,1i fjEl,f-4Ti,,
S. Specifications;
N V-7/I E-,G t j �"t'S y� !l.��t(� ��V' i .G t:4
6. Materials:
7. Location:
8. Please enclose a plan or drawing of the alteration/addition. '
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Signature of Homeowner
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Architectural Committee Approval: ,
Signed Date
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I . ' .
I LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900
APPLICANT: /4/4I6/ ,/, /i2/ih,4 OWNER: .4yn
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IADDRESS 0'6U fC/ -29,0C'- li,f,%jy , ADDRESS 5',7.-, ,
1,c1/,//J4 5 Y YlAY _,'-73'2
ITELEPHONE (Daytime) 1;;J jZip Code i Code TELEPHONE r 4 5 ' u V%-e
IREQUEST: _
_ .Zoning District Change Planned Unit.Development
IZoning Appeal Sketch Plan
Preliminary Plan
..._ __L_ Zoning Variance Final Plan
IZoning Text Amendment Subdivision
I Land Use Plan Amendment Platting
Conditional Use Permit Metes and Bounds
I Street/Easement Vacation
Site Plan Review
Wetlands Permit
IPROJECT NAME
PRESENT LAND USE PLAN DESIGNATION
IREQUESTED LAND USE PLAN DESIGNATION
PRESENT ZONING
IREQUESTED ZONING
USES PROPOSED
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SIZE OF PROPERTY _4.J2 X6?-7 X(n0, 71'
I 4 LOCATION .7—J ,� . �`�i O,,)
„4, REASONS FOR THIS REQUEST OUkzci h200M / (F0N5 lzvc ,EC..*
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LEGAL DESCRIPTION (Attach legal if necessary)
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