1997-03-10 agenda FILE
AGENDA
CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS
MONDAY, MARCH 10,AT 6:15 P.M.
CHANHASSEN CITY HALL, 690 COULTER DRIVE
CITY COUNCIL CHAMBERS,LOWER LEVEL
1. Call to Order.
2. A 24.5 foot variance to the 30 foot required bluff setback to allow a single family
residence and deck to be located 11 ft. and 5.5 ft.,respectively, from the edge of the bluff
on property zoned RSF, Residential Single Family and located at 7500 Erie Avenue(Lot
2, Hiscox Addition), Andrew and Catherine Hiscox.
3. Approval of Minutes.
4. Adjournment.
CITY O F BOA DATE: 3/10/97
\\I CUANUAEN CC DATE:
CASE #: 97-1 VAR
By: Kirchoff v
STAFF REPORT
PROPOSAL: A 24.5 foot variance from the bluff setback for the construction of a single
family home and deck.
1-1
z LOCATION: Erie Drive; Lot 2, Block 1, Hiscox Addition
APPLICANT: Andrew and Catherine Hiscox
V 7500 Erie Drive
Chanhassen, MN 55317
937-2500
a-
PRESENT ZONING: RSF, Single-Family Residential District
ACREAGE: 38,400 square feet (.88 acres)
DENSITY: N/A
ADJACENT ZONING
AND LAND USE: N-RD, Lotus Lake
S-PUDR, Residential Planned Unit Development;
RSF, Single Family Residential
Q E -PUDR, Residential Planned Unit Development
�.-• W-RSF, Single-Family Residential
WAT
ER AND SEWER: Available to the site. Will be extended from the cul-de-sac
to the residence upon the issuance of a building permit.
PHYSICAL CHARACTER: The northerly portion of the lot contains extreme topography.
(n The site is a riparian lot on Lotus Lake.
2000 LAND USE PLAN: Low Density Residential
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Hiscox Variance
March 10, 1997
Page 2
APPLICABLE REGULATIONS
Article XXVII Bluff Protection, Section 20-1401 of the City Code requires all structures, including
decks,to maintain a minimum of a thirty(30) foot setback from the top of the bluff(Attachment 3).
BACKGROUND
On October 28, 1996, the City Council approved the final plat for Hiscox Addition, a three lot
subdivision, after nearly 10 years of trying to get clear title. The final plat approval was subject to
11 conditions. Single-family homes are located on lots 1 and 3, so many of the conditions pertain
directly to the development of lot 2, the subject property. The most relevant condition being
number 9 which states that, "The top of the bluff is designated at the 958 contour. Development of
this site is governed by the City's Bluff Protection Ordinance. A survey of the property locating the
958 contour shall be submitted as part of the building permit application for Lot 2, Block 1, Hiscox
Addition"(Attachment 1).
Furthermore, the staff report found that the subdivision met all the requirements of district and"the
proposed site is suitable for development subject to the conditions specified in this report"
(Attachment 2).
ANALYSIS
The applicant is requesting a 24.5 foot variance from the setback of the top of the bluff to construct
a single family residence and deck. The residence is proposed to be constructed 11 feet from the
top of the bluff and the deck 5.5 feet from the top of the bluff. The ordinance requires all structures
be set back 30 feet from the edge of the bluff. The top of the bluff is denoted as the 958 foot
contour line on the site plan.
During the replatting process,the applicant was made aware of the Bluff Protection Ordinance.
However,the applicant believes that this location will allow a greater view of Lotus Lake, improve
neighborhood aesthetics and offer additional space for storage. The applicant stated that this
proposal should be grandfathered in because the replatting process started prior to the ordinance
amendment. Only structures that are existing can be grandfathered in. Although the applicant has
spent a substantial amount of time and money on this proposal, staff believes that more appropriate
options are available for both the location and design of the home. (Note: A similar home design is
located at 3185 Canyon Road, Chaska.) The home could be shifted closer to the front lot line. The
site plan indicates that the residence is located 42 feet from the front lot line,when the ordinance
only requires 30 feet. However, if the proposed home is constructed at the minimum front yard
setback, a variance would still be required.
Hiscox Variance
March 10, 1997
Page 3
According to the applicant, the bluff protection ordinance has created an undue hardship because
it is prohibiting them from constructing the home of their choice. An "'undue hardship'means
the property cannot be put to reasonable use because of its size,physical surroundings, shape or
topography. " The property can be put to a reasonable use as a home could be constructed
similar in design and size as those located within 500 feet. Not being able to construct a 2,600+
square foot home does not constitute a hardship. A home should be designed to suit the property,
not the other way around.
Grading/Drainage
The proposed grading plan is fairly consistent with the preliminary plat of Hiscox Addition and the
drainage plan conforms with the neighborhood drainage pattern. Relocating the home closer to the
front lot line will also maintain the correct drainage and site grades.
Landscaping and Tree Removal
If the variance is granted, the applicant will be removing trees that otherwise would be outside of
the grading limits and therefore preserved. The proposed home will encroach upon the existing
slope vegetation and increase the amount and speed of runoff in that area due to the additional -�
impervious surface. It is important that the vegetation on the slope be maintained in its current
state in order to slow runoff into the lake and reduce erosion on the slope. The applicant will not
be allowed to remove trees or other vegetation on the bluff as stated in the ordinance. In order to
maintain the health of the existing vegetation and its ability to protect the lake from runoff and
erosion, staff recommends the applicant be prohibited from any type of grading that would
attempt to level off the rear yard.
Staff recommends denial of the variance based on the findings presented in the staff report.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Hiscox Variance
March 10, 1997
Page 4
Finding: The Bluff Protection Ordinance is not responsible for their hardship. The subject
property can be put to a reasonable use without the variance. The applicant does have other
options in terms of home location. The home could be shifted to the front of the property as
the home is setback 42 feet from the property line. If the structure is shifted as far as
possible to the south and west, then a variance would only be required for a portion of the
deck and porch. However, the applicant believes that this would disrupt the front yard view
for the adjacent home. The roof could be redesigned so that this property would have an
acceptable front yard view. The house design could be altered to fit in the buildable area or
the applicant could select a more suitable design.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which a petition for a variance is based are not generally
applicable to other property within the same zoning classification.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged difficulty or hardship is self-created. As staff mentioned previously,
the residence should have been designed to suit the property's topography. The Bluff
Protection ordinance did not create the hardship. This ordinance was created to protect the
bluffline as well as the property owner.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The intent of the ordinance is to protect property from erosion, decrease the
visibility to surrounding properties,preserve the natural character of the land and protect the
health, safety and welfare of the citizens. Approval of the variance request will allow a
portion of a structure to be constructed within the bluff protection area. Disturbance from
the construction of the residence and modified drainage patterns could lead to bluffline
erosion.
t
air to
acent
f. The proposed variation will °t thecongestion air an equate supply of of the public streetshorindCrease the dangerJ
property or substantially increase
Hiscox Variance
March 10, 1997
Page 5
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals recommends the denial of a 24.5 foot variance based upon
the findings presented in the staff report and the following:
1. The applicant has not demonstrated a hardship that would warrant the granting of a
variance.
2. The applicant has a reasonable opportunity to construct a single family home.
3. The variance is inconsistent with the purpose and findings of the bluff protection
ordinance."
Should the Board of Adjustments and Appeals approve the variance, the following conditions shall
apply:
1. Applicant must install tree fencing at the grading limits prior to excavation. No equipment or
storage of materials will be allowed in the protected area.
2. No vegetation removal will be allowed in excess of the grading limits. No vegetation
removal will be allowed on the bluff.
3. No grading will be allowed in the rear of the proposed home that will attempt to create a level
yard.
ATTACHMENTS
1. Letter from Bob Generous to Andrew Hiscox dated October 29, 1996
2. Staff report dated January 27, 1994
3. Bluff Protection Ordinance
4. Application and letter from applicant
5. Home elevations
6. Property owners
7. Site Plan
8. Staff Revised Home Layout
C I TY O F
CIIANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
October 29, 1996
Mr. Andrew Hiscox
7500 Erie Avenue
Chanhassen, MN 55317
Dear Mr. Hiscox:
This letter is to confirm that on October 28, 1996 the City Council approved the final plat for
Hiscox Addition (Sub#87-31) subdividing 2.8 acres replatting parts of Lots 14 and 15, and all of
Lot 16, Auditor's Subdivision Number 2, and Lot 7, Block 4, South Lotus Lake Addition which
are currently two lots into 3 single-family lots subject to the following conditions:
1. The driveway access to Lot 2 shall be constructed to direct runoff away from the building.
Drainage swales shall be constructed to convey runoff around both sides of the proposed
building to maintain the neighborhood drainage pattern through the parcel.
2. Type I erosion control should be installed on Lot 2 prior to construction and maintained
until the site is fully revegetated.
3. Upon issuance of a building permit for Lot 2 and payment of the applicable connection
hookup fees, the city will extend the sewer and water service to the southerly property
line for the applicant or property owner to connect on to.
4. An existing overhead power line should be relocated underground along the common
property line between Lots 1 and 2 within the dedicated drainage and utility easement.
5. Final plat shall dedicate a 20-foot wide drainage and utility easement centered over the
existing 15-foot wide sanitary easement through Lots 1, 2 and 3.
6. The applicant shall provide the city with a $400.00 cash escrow account for review and
recording of the final plat by the City Attorney's office.
Mr. Andrew Hiscox -�
October 29, 1996
Page 2
7. A tree removal plan shall be submitted for city approval prior to the issuance of a
building permit for access to the lake.
8. Limited vegetative clearing, cutting,pruning, and trimming to provide a view of the water
from the principal dwelling and to accommodate the placement of stairways and landings,
picnic areas, access paths, beach and watercraft access areas, and permitted water oriented
accessory structures is permitted below the 958 contour.
9. The top of bluff is designated at the 958 contour. Development of the site is governed by
the City's Bluff Protection Ordinance. A survey of the property locating the 958 contour
shall be submitted as part of the building permit application for Lot 2, Block 1, Hiscox
Addition.
10. Park and trail fees are required of this development. One-third (1/3) of such fees shall be
payable at the time of final platting. Park and trail fees shall be payable at the time of
building permit application at the rate in force at that time, less any fees paid at the time
of platting.
11. Individual grading, drainage, erosion control, and tree removal plans for Lot 2 shall be ...�
submitted to the City for review and approval prior to issuance of the building permit.
Two mylar copies of the final plat with two 1"=200' and one I"=500' scale mylar reductions of
the final plat should be submitted to our office for signatures along with all fees, and easements
required. Should you have any questions, please feel free to contact me.
Sincerely,
•
Robert Generous, AICP
Senior Planner
BG:v
c: Dave Hempel, Asst. City Engineer
Steve Kirchman, Building Official
g:\plan\bg\hiscox.4e
"3ITY OF
CHANHASSEN I-,, DATE: 2/2/94
q
\ , • CC DATE: 2 28 94
CASE #: 87-31 SUB
STAFF REPORT
PROPOSAL: Applicant is requesting preliminary plat approval to replat parts of Lots 14, 15,
and 16, Auditor's Subdivision Number 2 and Lot 7, Block 4, South Lotus Lake
I' Addition into three (3) single-family lots and vacation of a 33 foot right-of-way.
Z
Q V LOCATION: 7500 Erie Avenue
--1 APPLICANT: Andrew Hiscox
7500 Erie Avenue
Q. Chanhassen, MN 55317
Q .
.._
gitamd9 CRIxafferfittme
PRESENT ZONING: Single Family Residential (RSF) _ __ L/ pwa
ACREAGE: 2.8 acres Dea- :3'y�
Date Svbn ftt J to Commission
DENSITY: 1.05 units per acre
note sut,,..tto to council
ADJACENT ZONING ---z—a-a3- --`_`'
AND LAND USE: N - Lotus Lake
Q S - RSF, single family
E - PUD-R, South Lotus Lake Addition
Q W - RSF, single family
w WATER AND SEWER: Municipal services are available
PHYSICAL CHARACTER.: Site contains severe topography toward the lake.
2000 LAND USE PLAN: Low Density Residential (1.2 - 4.0 units per acre)
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