Loading...
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 e II Pre"' Prepared b p y. Olsen/v il 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 II I I . 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 LI IW WATER AND SEWER: Available to site iL (f) PHYSICAL CHARAC. : The site has been developed into quad home ; . I2000 LAND USE PLAN: Residential Medium Density .. _ . r 1 O O O O 00 O O O , O K01 I CH- TMA . . - N COUN . 1„0,1," LAKE ( - iiV...WL: RD,,-/, PUD R H •�� Obit& RAPLINE .�. Iiill �� � ' T CIRCLE (To.,,,‘ c:. will Atiffit!Iti, sh-pwr k, KO,...1-41" , - 01 111, to A III ---- -- 1•4%) '4'. 1, Aa ta - \ \ey4t, _! ., . -7 RE A4' ':',r.----- 's'•\ 1P t . .11 &,,-^ itt. 6,'k f- °A.I cro,,- \■•4 F gl 1 f 21 le 0 jib .q filo r:tg, _, N4, ff■Ait .„ ___C. • J bAii Ilia *V*,* di ,,\ i . lispetwiletIN -14 / )116) liregairMININII Ilit&Vall .. 4 �1■11Enr2 ?� ��)0001.0 • 7 NB pm. amq imik :Ramo_-.ie., . \s ,MI t: r16.010= , Ifizi4-4 N11111111-& rmi I ' \ \ 41* 7/ I '11110PPOMINIVEMMOIL E Via tilifigr4Ze -. Ir-iln ii,74\74 ', (/ - 4t .. .449ir ri. tia 11$21,:i.le& _ 74) id R /- VP* I "I' * A=/ or a. `� _'"!^ice; o L 0 T U S LUCY BE��41 i.e,'iot?,4vr ;g. irk t D *chap- ■•Iv ta y= IQ�N,, j % la um lim�' . fin- =ri. �n►►% . UD—R �■����■r,.. -a.m. 4..11, rni► 1,,):,_ r� o ---- ,r�7-��1,. - ( I :)I -V 411. ANN Rs ti,1111. ....r, m -_ 0 ate`•■,rmri!�'���4 . , tr-___ ri i R VIII/ VA In v .Aryto. .�. , R4 R 1 • c:�°!'4 � ''41ivon Pi ' •RR •� .��.��� -i . .., •..0:Egmiiet r _ R 12 01 _ :C. ; _„ ��� 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: l l iI 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 I -16- .) 1 1 JIM • s - - Morn OMws 67 f 6086 z r' UUU16�MN r ' i• 11687b M.o...., Mr, 6o N1 ��HtO1Mf[tlfltWQ `' MKmrwta Mww— 5813? um ' IlS- a,m Ott R fMgKfO � ® 1'•KW l Mwwryul E•tuwrerwy•Sod T,,n •Lod S.n. ..lg•Lod I lowing to CwM t ftu,mwNr, MurraN KW/ Certificate of Survey for NEW HORIZON HOMES 1 • • r ,, Dto,na1e i O/i/i/, Eocemen. r -- 'l 7�//7 S5.80.10'48-5. ao • i, — ', ' 6 r` `- 1-- _ . — '— 60 7 M I r 0 40 • r 32\. �� 31 t I ?o. :. • \....-.m\2\9 (v- rt• y ,7 W: .fir 4 •,- 1 9 r: /p }, . • \ r o a . -� • \ _t . �5__ 1 • w \ CD / I . \ o° i ' 1 30 - • V SW 0 Denotes iron monuments dP • 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. I here►y terrify that this is •• tree •.d rotors re'ret`ert•tiea of • star •y of Hate Wormhole• of 'too show . .,.. tlettrihM load,had•1 the lecatiew.f•11 ►rilmir� thereto, sad all vi is ewtrehsbeteats,If •ay, fora r •w hid lead, At thrveyed by.as,. this shy of Au( vyr Li. i• 3. SUBURBAN AN IN NO, INC. tw�iwear( / / 3aoveyert • by i"i,.- f'tli�'p--s-7 Nvi 1Lauhw:All RIGhti R..rv.d - MIMI I I I I / 6-)Z-) z/4,6etycf_5/j.ya=<:f /y4YE.— Arz) --"//7 &(//d/A3 Ir N I — /1)7Z_ It:MeNNL. 2111111111111118 II 1 CIMARRON HOME OWNERS ASSOCIATION ' 1 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. ' 1 Signature of Homeowner r Architectural Committee Approval: , Signed Date I 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 ` 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 I 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..* I LEGAL DESCRIPTION (Attach legal if necessary) I I