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2a. Stratford Ridge Subdivision, Variance to Recreational Beachlot for Lot Depth and number of Boat Slips 4200. II I T Y 0 F JA DATE: Feb. 8 , f988 I � � C.C. DATE: Feb. 8 , 1988 \�\� CflAAT CASE NO: 88-2 ri 1 , Y Va ance Prepared by: Olsen/v ii STAFF REPORT ii PROPOSAL: To Receive a Variance to the Lot Depth Requirement I For a Recreational Beachlot and to Receive a Variance to the Requirements of a Maximum of Three Boats Stored Overnight. Iz a • 0 LOCATION: 6830 Minnewashta Parkway, on the west side of ▪ JMinnewashta Parkway approximately 4 mile south of Highway 7 . IAPPLICANT: Pierce Construction Q 3915 Farmhill Circle Mound, MN 55364 1 - , I 1 PRESENT ZONING: RSF, Residential Single Family IIACREAGE: 9 . 04 acres I DENSITY: 5 . 9 acres (net acres) 2 .54 u/a (net densitiy) r ADJACENT ZONING AND LAND USE: N- RSF; single family II -Ar S- RSF; single family E- Lake Minnewashta � __ / /ii" W- RSF; single family , , 111 r-leof 0 WATER AND SEWER: Available to the site. IIW PHYSICAL CHARAC. : The site has a grove of trees on the I. western side of Lake Minnewashta. The remainder of the site is open field. I Outlot A has a steep slope toward the lake and heavily vegetated. II1990 LAND USE PLAN: Residential Low Density I . •. ,,,-..:,• , -,............ eismo■-. —774111 62ND Ilk ST .rt -T.- 11101.... r` amograWm.,,4riltA , Ail . . • 1.1 ...T. voyilp. _, 1 . • / 4 Eit UK" grz Mill&OPI • ow, 1 .,_". _ 13..".4 4 w z mar: z 4 00 _.-,74"/ ............‘ PPIF ..i, .:: :, 01 ..4 141 / ses."--.. me. dilli vie op Lc .b.,, 1111 40 p :a roF. 11/ ir win ea Ilw „,, a. cc3 mautiiiiiimb, - 1 ,,, ,, ....„.t.\ ______...,k.4._AA,* .,....___ _....,„,_„„, i'./4111t: • ,fi•'lint/47 t. se.'''4'' --- -;--- - II ri 1.14:1 il:gyrk‘. -- . a;.Pip. 4Ort•44.;?t:siPtit; '. i ■•'/a. • /ft lir 401t***6 -rikt: - 4 k 1 ‘14• - ilratr• 1.- . • irel 1 ".'; • •44e4111111ibe; .VI*4100, IL/ ,, . AfArit I%°' . • "ihrtfirt in'11181.■10111 . _ aralIV 41,elritikrimpl Iza_s 2 a , ,__ V 4141 ammlittarroz. reilit e I (I I - 1 I . - N g IIIIIIIII Air/ •:■11110' LAKE -1 Aki !oi& V ' -11Ir -'1" tir I ALMkii414•/- M / NNEW A S HTA \ - I I ":- \,---- RD . ..-- . - - - ,. . ii KiNGS ROAD ■ \., PUD—R . fA , 111 ,:. .... bi , oull _. .4,, L A K Es ; kV W,..:ingi FV. 4 !sr JOE I P° ' 111114114'• Itt 4.,. air44.- . . ,- ! z i # N• .: 41W1 011111111111 i i lip, a :II mmw ;-' 1 1 — aff ...•• \ ,---- ,, - , .=. _ 0 . ..........ok ) Rik -latAJW:lic?lm•- fr , . MAPLE sHORE9 ADRIvE n 6 M.fw..eUr:',;T _ 1 •( . 4 k 4 /,'. \\\ LIR , •116 ii -I frits.i. ....m. I la' it • 11•111111 =1111111- .■ e*-- WM I ilk 1111111111111 wk- = I ,--,, 4,7 .._. , _. *1 . ...........____ 1 i _ .. ,.. r--------° -7-- ,, 1 Ir Stratford Ridge Variance I February 8 , 1988 Page 2 APPLICABLE REGULATIONS Sections 5-9-11 requires a recreational beachlot to have at I least 200 feet of lake frontage. This section also requires that no dock shall be permitted on a recreational beachlot unless it has at least 200 feet of lake frontage and the lot has at least a 100 foot depth. No more than one dock may be erected on a recreational beachlot for every 200 feet of lake frontage and 30 ,000 square feet of land and no more than three motorized or non-motorized watercraft per dock shall be allowed to be stored I overnight. No more than one canoe rack shall be allowed per dock with no more than six watercraft stored on a rack (Attachment #1 ) . ANALYSIS The applicant is requesting a conditional use permit for a recreational beachlot on Outlot A as shown on the preliminary plat. Outlot A contains 31 ,400 square feet and approximately 550 feet of lake frontage but does not contain 100 feet of depth. The northerly portion of Outlot A contains 110 feet of depth and the southerly portion contains approximately 84 feet of depth. The central area of Outlot A contains only 40 feet of depth which is the approximate area for the proposed dock and sandbeach. Therefore, a variance is required to the Recreational Beachlot conditions to permit a dock to be installed on Outlot A. The applicant is also proposing to store 4 boats overnight on the dock. The Zoning Ordinance limits overnight storage of boats on a recreational beachlot to three boats/dock. Therefore, the Board of Adjustments must also act on the variance for the number of overnight slips on the proposed dock. The Recreational Beachlot Ordinance was first adopted in 1982 . The original ordinance required a recreational beachlot to have 100 feet of width at the ordinary high water and 100 feet land- ward of the ordinary high water mark in order for the beach to have a dock (Attachment #2) . These dimensions resulted in a minimum lot configuration for a beachlot with a dock of 100 feet wide and 100 feet deep. The original Recreational Beachlot Ordinance did not permit any overnight storage of boats on a recreational beachlot dock. The Recreational Beachlot Ordinance was amended in 1986 . The amendment included a regulation per- mitting three boats to be stored on a recreational beachlot dock I overnight. The amended ordinance also included the 100 foot lot depth requirement for the beachlot to have a dock. The amended ordinance also increased the lot width for a recreational beach- lot with a dock from 100 feet to 200 feet of lake frontage. The purpose of the minimum lot area requirements was to provide a minimum area for the recreational beachlot activities . I I P N I/ Stratford Ridge Variance February 8 , 1988 Page 3 The Recreational Beachlot regulations state that no more than one canoe rack shall be permitted per dock and no more than six watercraft may be stored on a rack. If the variance to permit a dock on the proposed recreational beachlot is denied, then a canoe rack would not be permitted and a variance to permit a canoe rack would also be required. The applicant is requesting two canoe racks for the storage of 11 boats . The zoning ordi- nance limits the number of canoe racks to one per dock, therefore a variance would be required for additional canoe racks . The Board of Adjustments and City Council must determine if a ' hardship exists for the variance to be approved. A hardship is defined as "the property in question can not be put to a reaso- nable use if used under conditions allowed by the official controls" . Economic considerations shall not constitute undue hardship if reasonable use of the property exists under the terms of the ordinance. Under strict interpretations of the Recreational Beachlot Ordinance, the applicant would be permitted a recreational beachlot and would therefore have use of the prop- erty. Although the proposed recreational beachlot would not be permitted a dock or canoe rack under the Recreational Beachlot regulations , it could be used for picnics , swimming and other recreational activities . In a letter dated November 12 , 1987 , the City Attorney reviewed the variance request (Attachment #4) . I Since a hardship does not exist, the variance to the Recreational Beachlot conditions should not be approved. If the Board of Adjustments or City Council feels a dock and/or additional over- night storage of boats should be permitted, the Zoning Ordinance should be amended rather than approving a variance. Summary The Board of Adjustments must act on two variance requests . The first is to permit a dock on a recreational beachlot that does not have 100 feet of depth. The second is to permit one addi- tional boat to be stored overnight on a recreational beachlot dock. The City Attorney responds to several questions of the Planning Commission and addresses the "facts" required by the ordinance to be established. 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. II K . . Stratford Ridge Variance February 8 , 1988 Page 4 B . That the hardship is caused by special ecial 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. ' C . That the granting of the variance is necessary for the preser- vation and enjoyment of substantial property rights . ' D . That the special conditions and circumstances are not a con- sequence of 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. RECOMMENDATION Given the City Attorney' s opinion, staff recommends the Board of Adjustments adopt the following: "The Board of Adjustments recommends denial of the variance ' request to permit a dock on Outlot A, Stratford Ridge sub- division, and deny the variance request to permit the overnight storage of 4 boats on a recreational beachlot dock and deny the variance request for two canoe racks . " ATTACHMENTS 1 . Section 5-9-11 of the Zoning Ordinance. 2 . 1982 Recreational Beachlot Ordinance. 3 . 1986 Recreational Beachlot Ordinance. ' 4 . Letter from Roger Knutson dated November 12, 1987 . 5 . Letter from Craig Freeman dated February 2 , 1988 . 6 . Preliminary plat dated December 14 , 1987 . i r I r II/ 1 B. Emergency vehicle access shall not be adjacent to II or located across a street from any residential '} use. J 11. Recreational beach lots provided the following minimum 1 standards are met in addition to such other conditions 11 as may be prescribed in the permit: II A. Recreational beach lots shall have at least 200 feet of lake frontage. IB. No structure portable chemical toilet, ice fishing house, camper, trailer, tent, recreational vehicle or shelter shall be erected, maintained or stored I upon any recreational beach lot. liC. No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized I mini-bike, all-terrain vehicle or snowmobile shall be driven upon or parked upon any recreational beach lot. II D. No recreational beach lot shall be used for overnight camping. I E. Boat launches are prohibited. F. No recreational beach lot shall be used for purposes of overnight storage or overnight' mooring II of more than three (3) motorized or non-motorized watercraft per dock. If a recreational beach lot is li allowed more than one dock, however, the allowed II number of boats may be clustered. Up to three (3) sail boat moorings shall also be allowed. Canoes, windsurfers, sail boards, and small sail boats may II be stored overnight on any recreational beach lot li Al if they are stored on racks specifically designed for that purpose. No more than one (1) rack shall II be allowed per dock. No more than six (6) II watercraft may be stored on a rack. Docking of other watercraft or seaplanes is permissible at any II time other than overnight. ilG. No dock shall be permitted on any recreational beach lot unless it has at least 200 feet of lake I frontage and the lot has at least a 100 foot depth. III No more than one dock may be erected on a II recreational beach lot for every 200 feet of lake II frontage. In addition, 30, 000 square feet of land is required for the first dock and an additional 20, 000 square feet is required for each additional dock. No more than three (3) docks, however, shall II be erected on a recreational beach lot. II J/9-nwmziad JV-'/ ,cv-Ircte' cam. a -48- • P.I=V . 1/ _L 1/ v c.. 1 . - i� 2/17/82 a k b. No motor vehicle, including but not limited to any motorcycle, motorized mini-bike, all-terrain vehicle, or srnwmobile, shall be driven upon or parked upon any recreational beach lot. Ic . No recreational beach lot shall be used for overnight camping purposes . I d. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters , or I overnight docking of boats , or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically Idesigned for that purpose . Docking of watercraft or seaplanes is permissible , however, at any time other than overnight. I I II e . No boat trailer shall be allowed upon any recrea- tional beach lot; boats , seaplanes or other water- craft may be launched from any recreational beach lot if accomplished without the use of any Imotor vehicle, trailer, or wheeled dolly . \II_ No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless Apo' said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) ' 1� feet landward from the ordinary -high water mark, One dock may be erected upon any recreational l _. 1000' ' beach lot which meets the minimum dimensional ' 1 requirements set forth in both this subparagraph L- 1il� " f" and in subparagraph "g" of this Section 6 . 04 (10) . g . No recreational beach lot dock shall exceed six (6) 111 feet in width, and no such dock shall exceed the greater of the following lengths : (a) fifty (50) ■ j feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. ill ' -4- m ga,atoiti ►C, 'a CI OF CHANHASSEN , CARVER AND HENNEPIN COUNTIES , MINNESOTA ORDINANCE NO. 47-EH ' I AN ORDINANCE AMENDING SECTIONS 7.04, 14.04 OF THE CHANHASSEN ZONING ORDINANCE il E CITY COUNCIL ORDAINS : ra subpagraph 10 of Ordinance 47 , SECTION 1 . Section 6 .04, to read as follows : he Zon ni g ordinance , is amended in its entirety m addition minimum standards !I Recreational beach lots provided the following are met in addition to such other conditions as may be standards in the permit: A. Recreational beach lots shall have at least 200 feet of lake frontage. portable chemical toilet , ice fishing house , B. No per , trai p tent, recreational vehicle or shelter teational shall trailer, upon any shall be erected, maintained or stored up il, beach lot. motor vehicle , including but not limited C . No boat, trailer, all-terrain trucks, motorcycles, motorized mini-bike, to cars, upon or parked upon 7 vehicle or snowmobile shall be driven up any recreational beach lot. D. No recreational beach lot shall be used for overnight ' t i camping. I E. Boat launches are prohibited. F . No recreational beach lot shall be used for purposes of '1 overnight storage or overnight mooring of more dock. If hree i (3) motorized or non-motorized lowwarmorettpan one dock, I a recreational beach lot be clustered. �( however , the allowed number of boatshall al be allowed. Up to three (3) sail boat moorings I+ Canoes , windsurfers , sail boards , and small sail boats may be stored overnight on any recreational designed lot are stored on racks specifically if they rack shall be allowed that purpose . No more than one (1) may be stored II per dock. No more �ofn other(watercraft or seaplanes is on a rack. Docking permissible at any time other than overnight. permitted on any recreational beach tat G. unless dock it at p frontage and li unless it has at least 200 feet of Nokmore than one dock lot has at least a 100 foot depth . may be erected on a recreational beach 30,000 for every feet00 feet of lake frontage . In addition, 30, II of land is required for the first dock and an additional ;; r I 3 I/ LAW OFFICES ' DAVID L. GRANNIS- 1874-1961 GRANNIS, GRANNIS, FARRELL & KNUTSON PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 ' VANCE B. GRANNIS 403 NORWEST BANK BUILDING DAVID L. HARMEYER M.CECILIA RAY VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE ELLIOTT B. KNETSCH PATRICK A. FARRELL DAVID L. GRANNIS, III SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL). MAYER ' ROGER N. KNUTSON TELEPHONE: (612)455-1661 November 12, 1987 ' Ms. Jo Ann Olsen City of Chanhassen 690 Coulter Drive, Box 147 ' Chanhassen, Minnesota 55317 RE: Stratford Ridge Development ' Case No. 87-17 Dear Jo Ann: ' Your November 4, 1987, letter asks a series of questions regarding the Stratford Ridge Development recreational beachlot C.U.P. request: Q. The Commission wants to be able to permit the applicant to have a dock on the recreational beachlot. How can they do it? ' A. The Board of Adjustment and Appeal has the ability to grant a variance. The better approach would be to amend the ordinance. ' Q. How would approving a dock on the recreational beachlot impact the Lake Riley court case and would it set a ' precedent? The Planning Commission feels there are different circumstances and issues. A. The equal protection clause of the Minnesota and United States Constitution requires that similarly situated property be treated similarly. The plaintiff in the Lake Riley case would argue that the cases are similar; I ' would argue that they are not. Granting the variance would give the applicant another argument that the City would not have to deal with if the variance is not granted. The only difference I see between the two ' situations is that one can' t comply with the depth requirement and the other can' t comply with the size requirement. NOV 1 6 1387 ' 4 CITY.OF CHANHASSEN Jo Ann Olsen November 12, 1987 Page Two ' 1 Q. Is there an existing hardship to permit a variance to allow the dock? What is the definition of a hardship, is it no use of the land or no dock? A. The hardship is that without a variance they can' t have a dock. If this is a qualifying hardship, then everyone who fails to meet minimum ordinance requirements would be entitled to a variance. Minn. Stat. § 462. 357, subd. 6 defines "undue hardship" as: ' The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls , the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. "Undue hardship" applies to the use of the land, not the dock. ' Q. The Commission feels that it is physically impossible to meet the requirement of the 100 foot depth, that a dock existed prior to the ordinance and that the ordinance therefore inflicts the hardship. As a note, the property owner had a dock on the property proposed for the recreational beachlot, but this dock has not existed for over a year. A. Since the dock was removed there are no non-conforming rights to put it back. If "physical impossibility" to meet the ordinance requirement was all that was required for a variance, then ordinance restrictions would have little if any meaning in relationship to existing lots. Q. The Commission questioned that if a variance could not be justified to allow the dock on the beachlot, that we should review the Subdivision Ordinance which defines a lot as a separate parcel if it is divided by a street. The Commission felt that it should not be considered as a separate lot. They felt that it should be permitted to be joined with the property across the street. A. The City can change the ordinance requirements. A lot divided by a street, however, doesn' t function as a single lot. You could count both halves of the lot for lot size requirement, but what about setbacks, lot coverage, lot frontage? ' Jo Ann Olsen November 12, 1987 Page Three If you need any additional information, please call me. If ' it would be helpful I will attend a Planning Commission meeting and discuss this with the Commi Ver truly your , GRA NIS, GRA ■ S, •R ETA -- • , P.A. gy Roger ► . Knutson ' RNK:srn 1 I 1 I c C . , II NOTICE OF PUBLIC HEARING PROPOSED VARIANCE CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Board of Adjustments and Appeals will hold a Public Hearing on Monday, February 8 , 1988, at 7 : 00 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Robert Pierce to , receive a lot depth variance to the required 100 foot depth for a recreational beachlot to have a dock on property zoned RSF, Residential Single Family and located on Minnewashta Parkway, approximately 1 mile north of Highway 5 . A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal . Jo Ann Olsen, Asst. 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