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1998-09-29 minutes CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING SEPTEMBER 29, 1998 Chairperson Johnson called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Willard Johnson, Steven Berquist and Mark Senn STAFF PRESENT: Cynthia Kirchoff, Planner I A REQUEST FOR 28 FOOT VARIANCE FROM 75 FOOT SHORELAND SETBACK FOR THE RECONSTRUCTION AND EXPANSION OF A DECK, TOM & MARY ALLENBURG, 6621 MINNEWASHTA PKWY. Cynthia Kirchoff presented the staff report on this item. Tom Allenburg stated that they would like to replace the deck to make it more modern. Berquist moved, Senn seconded the motion to approve a 28 foot variance from the 75 foot shoreland setback for the reconstruction and expansion of a deck. All voted in favor and the motion carried. A REQUEST FOR A 2 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD SETBACK FOR THE LOCATION OF AN ABOVE-GROUND POOL, D. BENNETT & SONS, INC. (APPLICANT) AND KEVIN & LISA OLSON (OWNERS), 1520 HERON DRIVE Kirchoff presented the staff report on this item. Senn questioned if an above-ground pool is defined as a structure. Kirchoff read the definition of a structure in the zoning ordinance. Brian Borash stated that the property owner contacted the City prior to the pool installation and was told that the setback was measured from the curb not the property line. Mr. Borash explained that the pool can be relocated, however, the landscaping surrounding the pool was $2,400.00. Berquist asked if it is 28 feet to the pool wall or to the buttresses. Borash stated that he measured 40 feet from the pool to the curb and that the inspectors record was incorrect. Berquist asked if staff would have given an incorrect setback to the property owner. Board of Adjustments and Appeals Meeting Minutes September 29, 1998 `.. Page 2 Kirchoff responded that all of the setback calls get transferred to the planning department and that the planners know how to measure a setback. Berquist asked if the pool was installed without a permit. Borash stated that he did not have time to pick-up the permit so the property owner called for the correct setback. Berquist stated that there were notations on the permit that the setback is measured from the property line. Borash stated that the property line changed. Senn asked how other communities treat above-ground pools. Borash stated that most do not require a permit and that he does not have any problems. Berquist asked if the city notified the neighbors. Kirchoff responded that all property owners within 500 feet were notified. Senn asked if the owner would mind installing lattice around the bottom of the pool. Kevin Olson asked if it would be along Bittern Court. Senn responded that it would screen the pool from the neighbors. Berquist moved, Senn seconded the motion to approve a 2 foot variance from the 30 foot front yard setback for the placement of an above-ground pool with the following condition: 1. The applicant shall screen the bottom of the pool. All voted in favor and the motion carried. Johnson moved,Berquist seconded the motion to close the public hearing. APPROVAL OF MINUTES: Berquist moved, Johnson seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated September 1, 1998. Senn abstained from the vote and the motion carried. Board of Adjustments and Appeals Meeting Minutes September 29, 1998 Page 3 Johnson moved, Senn seconded the motion to adjourn. The meeting was adjourned at 6:20 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I FILE AGENDA CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS TUESDAY, SEPTEMBER 29, 1998, 6:00 P.M. CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CITY COUNCIL CHAMBERS Call to Order NEW BUSINESS 1. Variance from the 75 foot lake shore setback for the construction of a deck on property zoned RSF and located at 6621 Minnewashta Parkway, Torn and Mary Allenburg. 2. Variance from the 30 foot front yard setback for the construction of a pool on property zoned RSF and located at 1520 Heron Drive, D. Bennett& Sons (applicant) and Kevin and Lisa Olson (owners). 3. Approval of Minutes. Adjournment CITY OF A :::: 9/29/98 � �� � CASE#: 98- 9 VAR By: Kirchoff:v STAFF REPORT PROPOSAL: A request for twenty-eight(28) foot variance from the seventy-five foot(75) shoreland setback for the reconstruction and expansion of a deck. Z LOCATION: 6621 Minnewashta Pkwy. (Lot 2, Block 2, Minnewashta Creek First Addition) V APPLICANT: Tom & Mary Allenburg 6621 Minnewashta Pkwy a. Excelsior, MN 55331 (474-7938) PRESENT ZONING: RSF, Single Family Residential ACREAGE: Approx. 30,000 sq. ft. DENSITY: N/A ADJACENT ZONING AND LAND USES: N: RSF, Single Family Residential S: RSF, Single Family Residential E: Lake Minnewashta, Recreational Development Lake Q W: RSF, Single Family Residential WATER AND SEWER: Available to the site • F.F. PHYSICAL CHARACTER: This site is a riparian lot on Lake Minnewashta that contains an existing home with a deck. C 2000 LAND USE PLAN: Low Density Residential rltv4)°d \ -\- 1.171411141.111 t ..^•() ,,j,2,------ � f PR POSED n O OSED VARIANCE l� L--- , , ,.. ., / ,.iad / ' Glendale Dr. �r ,_ bake - I. s, pug') pi.....4.-„,i , "sword" c ) Minnewaah to While 1 Ili.1Witliiiv - --I aki i - i 1Vd c.l Regional ,�; .. • Kings Roa II; r. , / cowl ty Park , I il/ /! ' } Lake i .- St Joe `\ 141 1. -1,-CP1°-i ! 1 - ,-,- i 1 i-7--- - ( C 1 + ` C maple__ Y f K } ' _ ,, Shows Dr-,� / r —lam + '�1� %'/ L - — -- /?0 _______41...4 ..4, 4,7-7), p-74,,-,,-, 0',.Wi." a.04: _. an, 'a1' �' / i(// II 1 Minn@ ota r _Jg. I Lan 6C88@ 1 1 i bore t m I Arbotekkl I 1 Allenburg Variance September 29, 1998 ~' Page 2 APPLICABLE REGULATIONS Section 20-481(a) requires that structures (including decks)be setback (75) seventy-five feet from recreational development lakes (Attachment 2). Section 20-72(a) states that there shall be not expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity(Attachment 3). Section 20-72(b) states that if a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements (Attachment 4). BACKGROUND The subject property is located in Minnewashta Creek First Addition. This planned unit development was approved in 1976. Staff assumes that, as part of the platting process, house locations and types were included on the plan. In 1977, the shoreland ordinance was adopted. This ordinance required a 75 foot setback from the ordinary high water mark of recreational development sewered lakes. When the house was built in 1979 it did not meet the setbacks (about one-half of the house is in the setback). The house was constructed 58 feet from the lake and the deck 47 feet. ANALYSIS The applicant is requesting a 28 foot variance to allow for the complete reconstruction of an existing deck and the construction of an additional section with stairs. The zoning ordinance requires a 75 foot setback from the ordinary high water mark of a recreational development lake. The existing deck is 47 feet from the edge of the lake. The lot varies in depth from 128 feet to 180 feet with the lake increasing in distance as one moves to the south. The City Code does not permit the intensification of a nonconforming structure (Section 20-72). The applicant is expanding the nonconformity by increasing the area of an existing deck. However, the additional decking is 49 feet from the lake, which is less than the established setback. Staff surveyed the building permit files along the western portion of Lake Minnewashta, and found that the majority of the properties in this area of Lake Minnewashta meet the required setback(see Attachment 5). However, when this home was constructed, it did not meet the 75 foot setback. The additional decking will not create a new lakeshore setback. Being the shoreline meanders, the new decking will be 49 feet from Lake Minnewashta. Staff recommends approval of the variance request because it will not create a new lakeshore \-- setback. Allenburg Variance September 29, 1998 -� Page 3 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 an 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. Finding: The applicant has a reasonable use of this property, however, the depth of the property makes it difficult to expand an existing deck. The additional decking will not create a new lakeshore setback. The variance will not depart downward from pre-existing neighborhood standards. 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 this variance request is based are not applicable to most other properties in the RSF zoning district. Although the City does have many riparian properties, most properties are non-riparian and maintain a 30 foot rear yard setback. 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 this variance is not based upon a desire to increase the value or income of the property, but to reconstruct a deteriorating deck and slightly increase the size of the deck. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created. The lot was platted prior to the shoreland ordinance so the depth is insufficient for an average home. 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. Allenburg Variance September 29, 1998 �-- Page 4 Finding: 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. f. 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. Finding: The variance will not impair an adequate supply of light and air to adjacent properties or increase the congestion of the public street. It will not endanger the public safety or diminish property values in the neighborhood. Due to the extenuating nature of the existing deck, the reconstruction will improve safety. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals approves the request for a 28 foot variance from the 75 shoreland setback for the reconstruction and expansion of a deck based upon the findings presented in the staff report." ATTACHMENTS: 1. Application 2. Section 20-481(a), Shoreland Setbacks 3. Section 20-72, Nonconforming Uses and Structures 4. Site Plan 5. Lake Minnewashta Setbacks 6. Property Owners g:\plan\ck\boa\allenburg 98-9 var.doc /\---rrAC-1-t 1 r 1 RECEIVED CITY OF CHANHASSEN —� 690 COULTER DRIVE SEP - 1 1998 CHANHASSEN, MN 55317 (612)937-1900 CITY OF CHANHASSEN DEVELOPMENT REVIEW APPLICATION APPLICANT:dm Mai" e4 ty OWNER: S ADDRESS: 4 G .2-/ ) 1,n c w a s k 7 PRI ADDRESS: $c P/s fJt AL- S S33/ TELEPHONE(Day time) 4/7v-79 P TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit X Variance ,75.D4' Non-conforming Use Permit _ Wetland Alteration Permit --� Planned Unit Development' _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision' TOTAL FEE$ 125. A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2' X 11" reduced copy of transparency for each plan sheet. —. Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. • NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. `/ PROJECT NAME 1/ -� -c �--_ LOCATION V LEGAL DESCRIPTION • • C'T. ._c . • PRESENT ZONING REQUESTED ZONING • PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION TREASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approvaVpermit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. Signature of Applicant Date f/Z, CO Signature of i-ee Owner Date— Application Received on `"(/�/J t ige Fee Paid° /3LS • Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. if not contacted, a copy of the report will be mailed to the applicant's address. ZONING § 20-481 Tributary Agricultural No Sewer Sewer Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards,and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections(1), (2) and(3) can only be used if publicly owned sewer system service is available to the property. (Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Sewage Structures Treatment Classes of Public Waters Unsewered Sewered System Lakes Natural environment 150 150 150 Recreational development 100 75 75 Rivers Agricultural and tributary 100 50 75 When a structure exists on a lot on either side,the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure. One(1)water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) of this article may be setback a minimum distance of ten(10)feet from the ordinary high water level. (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody. Setback From: Setback (in feet) (1) Top of bluff; 30 (2) Unplatted cemetery; 50 (3) Right-of-way line of federal, state, 50 -. or county highway; and Supp. No. 8 1195 "TTAG I MjT 3 § 20-60 CHANHASSEN CITY CODE 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. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2-10-92) Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of twelve(12)or more months.Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter.Following the expiration of twelve(12)months, only land uses which are permitted by this ordinance shall be allowed to be established. *Editor's note—Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in §§ 20-71-20-73. Prior to amendment, Div. 4 contained §§ 20.71-20-78,which pertained to similar subject matter and derived from Ord. No. 80,Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. Supp.No.4 1164 ZONING § 20-73 (d) Full use of a nonconforming land use shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of twelve(12) or more months. Time shall be calculated as beginning on the day following the last day in which the nonconforming land use was in full operation and shall run continuously thereafter:Following the expiration of twelve (12) months, the nonconforming land use may be used only in the manner or to the extent used during the preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea- sured by hours of operation,traffic,noise,exterior storage, signs,odors,number of employees, and other factors deemed relevant by the city. (e) Maintenance and repair of nonconforming structures is permitted.Removal or destruc- tion of a nonconforming structure to the extent of more than fifty(50)percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to con- tinue the nonconforming structure. (f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another noncon- forming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. (g) If a nonconforming land use is superseded or replaced by a permitted use, the non- conforming status of the premises and any rights which arise under the provisions of this section shall terminate. (Ord. No. 165, § 2, 2-10-92) --� Sec. 20-73. Nonconforming lots of record. (a) No variance shall be required to reconstruct a detached single-family dwelling located on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural disaster so long as the replacement dwelling has a footprint which is no larger than that of the destroyed structure and is substantially the same size in building height and floor area as the destroyed structure. Reconstruction shall commence within two (2) years of the date of the destruction of the original building and reasonable progress shall be made in completing the project.A building permit shall be obtained prior to construction of the new dwelling and the new structure shall be constructed in compliance with all other city codes and regulations. (b) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot provided that it fronts on a public street or approved private street and provided that the width and area measurements are at lest seventy-five (75) percent of the minimum requirements of this chapter. (c) Except as otherwise specifically provided for detached single-family dwellings,there shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. (d) If two (2) or more contiguous lots are in single ownership 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 Supp.No.4 "1 1165 < < EXISTING D `,K / \ - C• 8.18 S CB•14 22°SOIL 1w >3.27'0 ',\ µ ` �' \ r�2 57.7 E rV \�l� � . \C‘ . \ \ 943 5 ,t '':1 1,,,NORTHw ;.c.. • 9 'Al r.r -, ',, '�o'Denotes iron set ti 1. / \: ' LAKE, '�i Denotes-iron found' N ' \ » ` '" Bearings'shown are'"' ., 7t, of \ MINNEWASHTAy 9 Z o •.. \ :. ' -f .assueieds,t l p p ,• WArER ELEV.= 943.5 (Iv)V ' , .116) ,a. \S p��ts. q� 1p•� (H:V„ WATER ELEV. PER RECORD PLA" ` 943.5 To 944.0-NGV0,i°129) NN' \\ S O. '..1?' f� 7 \ - -i Sl•IOREUTJE / \ s NUC6 W.Tw _� 1 \ 943 ° -1- Bench Mark: \ NI AIL. ....• ', o Top o` garage foundation westerly corner on 3 �' ^"= E P Lot 1, Block 1 Elev.= 907,50 (NGVD-1929) • •\?{3 i- Description: ` -tc, .o.. Lot 2, Block 2, MINNEWASHTA CREEK FIRST ADDITION N 7Sror.>2 \�v Certification: 6=> 04 00'w Y Z�: \. I hereby certify that this plat was prepared by me or under my I direct supervision and that I am a duly registered Land Surveyor under the laws_of the State of Minnesota. / 4/ �F..t.%r. Date:/' // 7? PN. REG. N0. 5713 Ekl1Tl wdC,� "" 6-4•k C;- - :_ 9Q3 By' sue. ; s Bruce R. Kelley, P.E. & L.S.• ALLA,iiiiA C 6'Z /r,H V# R 4'A r%��� l CFL r� n M//i'/.✓c Ao a�/ I'N7'.,+/bih• 11-10-76 _Plat of Survey For yUMOER DAAWh C/n//;/i',.vr.:,,c. i"iia': SCB BOB RITTER i- 78724 Chanhassen, Minn__ oF.25,.Ts. 7 -n PROPOSED DECK \ \ p•3°39 2c)" �� =294.19 I` 061\ /RI✓ L L-18.18 C•18.18 • S > . \ i� I O CS 4 22°SOIL"W. d 2 ., v f 70 \ N is �R \ �� , �22•g� 7 E L \l'' . \ / -,.;,.,,,,, Y Z NO + a``" #4 NORTH,.•-:*:,..,'•,\ �^ 943 S `Scale 1" • 30' l \yf Denotes iron set: • S� L LAKE ,. it Denotes iron found < A c� \ i MINNEWASHTA ing a d d; CL , \ \ _ ':: \�� - WA'ER ELEV.• 943.5 (ti)V. n,.'l l8) ., � 0, % 10, (H*1-. WATEE ELEV. PER QECO2D PLR�.Z • 943.5 To 944.0 NGVD.192oi) \,.J '1j \ `D. Z p A ` 4 N' \\ ems\ • ` i \ :' \, 514ORELIIJE \ �o HUe W,T«. �� ..i i 9aa Bench Mark: \ a NA \S'', mA ". Top or garage foundation westerly corner on .. �� ') \�z-i'. f SURVEY _ k1E Lot 1. Block 1 Elev.= 967.50 (NGVD-1929) < s. ' ' Description: • • �.,3zL • \ m •0:iN Lot 2, Block 2, MINNENASHTA CREEK FIRST ADDITION • Al 75 0'4 00. \ '�y-' • Certification:tv I hereby certify that this plat was prepared by me or under my ' \. direct supervision and that I am a duly registered Land Surveyor under he laws of the State of Minnesota. -[�C'C� 1aDD�T/e�.y � ETr -� 9`3 By't' •�'•-• • j /" Date /;_(? 1' tN. REG. 110. 5713 s Bruce R. Kelley. P.E. 8 L.S. A`c.n A,/4,r A fG 2 Mhvn/,<cv f A.r6,r,, Deck not drawn to scale. FL f-,�s Y.�fi.JiJ/:,Y --_. - DATE i S..FEt �/i 7- !�C 7 vuMBEA a�j <.�/_',,..rt• 11-10-78_ Plat of Survey For • • C. DAAWN in/i,/1�. ,A4 ,/i=.").: SCB _ BOB RITTER — -- Chanhassen, Minn 2 78724 ---- ---,-- OF_ s.rs. _ ) ) ) LAKE SHORE SETBACKS AT Ct-I t 1 ENT (4° ilkaiWA SHTA CREEK 'l � ', AR/ /O £:4/ rI . ii io 8 1 1 kiilia/ aCpT .-2 I St) 7 siVitionsol S 4 Cl :cap°I PRO PE-rew 9 \ ' .0: V.° 10 ST ------_411, k47 ' 14 . _4,4 \12 .� � i 75 L (D4I CPq DPITE \ (D -1- -Th * \ 16 15 14 I - _ 2i _ 1 �9(GSl i i Sc - ;:�- 17 / , .N p SU rv,y 14 10 5 / 50 - I 18 VC t coo4ri of co ' ° 9 8 1 9 07 - -, 0 - ca7D► 1 WO ' 25.0053000 50 ����o 1 25.0051200 2�00 .y oo 25.0051600 po5�6 ti5D J rr� . 25.0051500 / 25 p05A5o� A T F O fl D 5 2 1 {� ote ,r�) / • `b j ^ 4 1 P / . PUBLIC HEARING 4 NOTICE OF � BOARD OF ADJUSTMENTS AND APPEALS , . �� . •©��'� _ Tuesday, September 29, 1998 , ,' at 6:00 .m. �� O�, City Hall Council Chambers tea A���te 690 City Center Drive +�14t 141V41 41rair OS** INEN.,S1 • ia.a. P*+R§a • PROJECT: Front Yard Setback Variance IlimmiN MIN ggj A I !!ID (Glendale Dry. Mary Altenburg and APPLICANT: TomIN.'PPEri*,♦; LOCATION: 6621 Minnewashta Parkway ��, ► , 1.k NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicant, Tom and Mary Allenburg, are requesting a variance from the 75 foot lake shore setback for the construction of a deck on property zoned RSF and located at 6621 Minnewashta Parkway. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Board of Adjustments Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Board discusses project. The Board will then make a decision. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on September 17, 1998. KENNETH &DONNA DURR JOSEPH FROEHLING BLAKE BOGEMA 4830 WESTGATE ROAD 3840 LESLEE CURVE 3841 LINDEN CIRCLE MINNETONKA, MN 55345 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MINNEWASHTA CREEK ASSN. STEVE& LAURIE ERICKSON THOMAS KRUEGER ATTN NANCY NELSON 3850 LESLEE CURVE 3860 LINDEN CIRCLE 3891 LINDEN CIRCLE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 DAVID TERPSTRA MARK ROGERS STEPHEN &SANDY CASTER 6581 JOSHUA CIRCLE 3851 LESLEE CURVE 3861 LINDEN CIRCLE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MICHAEL F. SKALLMAN VINCE DECKER DAVID & CONNIE RIKKE 6590 JOSHUA CIRCLE 3861 LESLEE CURVE 3840 MAPLE CIRCLE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 BRIAN WINDSCHITL DOUGLAS & DENISE FOOTE DEAN/JACQUELINE SIMPSON 6591 JOSHUA CIRCLE 3871 LESLEE CURVE 7185 HAZELTINE BLVD EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 KRIS &DAWN KNOX DIANE BARTZ NANCY& DANA JOHNSON 3801 LESLEE CURVE 3881 LESLEE CURVE 6541 MINNEWASHTA PKWY EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 DAVID LOCKWOOD VINCENT FEUERSTEIN TIMOTHY COLLERAN 3810 LESLEE CURVE 3800 LINDEN CIRCLE 6560 MINNEWASHTA PKWY EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 HARRY DUNN TERRY THOMPSON, SR. CHARLES F. ANDING PO BOX 343 3820 LINDEN CIRCLE 6601 MINNEWASHTA PKWY EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 LESTER C JR& N ANDERSON VIC& DIANE MORAVEC THOMAS ALLENBURG 6200 BEARD PL 3821 LINDEN CIRCLE 6621 MINNEWASHTA PKWY MINNEAPOLIS, MN 55410 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 • WARHOL MICHAEL BARNES DALE MENTEN 3131 LESLEE CURVE 3840 LINDEN CIRCLE 6630 MINNEWASHTA PKWY EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 ZOE BROS 6631 MINNEWASHTA PKWY EXCELSIOR, MN 55331 JAMES&JEAN WAY 6641 MINNEWASHTA PKWY EXCELSIOR, MN 55331 BRUCE BOSSHART 6671 MINNEWASHTA PKWY EXCELSIOR, MN 55331 ROBERT M.JOSEPHS 6701 MINNEWASHTA PKWY EXCELSIOR, MN 55331 CITY O F BOA DATE: 9/29/98 \� • C N A N N A S S E N CCDATE: CASE #: 98- 10 VAR By: Kirchoff:v STAFF REPORT PROPOSAL: A request for a two (2) foot variance from the thirty (30) foot front yard setback for the location of an above-ground pool. Z LOCATION: 1520 Heron Drive Z Chanhassen, MN 55317 0 (Lot 3, Block 1, Lake Susan Hills West Third Addition) APPLICANT: D. Bennett& Sons, Inc. Kevin&Lisa Olson tl.. 3300 County Road 10, Suite 110 1520 Heron Drive Q.. Brooklyn Center, MN 55429 Chanhassen, MN 55317 561-9266 368-4644 PRESENT ZONING: PUD-R, Planned Unit Development, Residential ACREAGE: Approx. sq. ft. 15,000 sq. ft. DENSITY: N/A ADJACENT ZONING AND LAND USES: N: IOP,Industrial Office Park S: RSF, Single-Family Residential E: PUD-R, Planned Unit Development,Residential :Cr W: PUD, Planned Unit Development IQ WATER AND SEWER: Available to the site bj PHYSICAL CHARACTER: This site is a corner lot with two front yards. A single- family home with attached garage exists on the site. (1) 2000 LAND USE PLAN: Low Density Residential !WAYW Lake s f aX I e ER VN Ann C 'LACE ' i CRV 51- /' r 3LVD :o �<r tii� �'' i P�a� E \ ' oi ��, * y ACE E I �4` `� \ LANE � 8 Qi '��r-- LL W . ate CO>„: � �„ ,y, vera Dr ACE W! 1 \, y�a IN DR Lake ; d t -,,,\ -:1 \ / ‘ 1 / �� ,,l•_„I r NilAg Ann -,, apt Wage tr y M Q --. ` 1 KIMBERLY LANE t Park 2 Nicholas Way f §® '� 7TC L--. �S'v>'➢r^"" �.R+B?. +Gvi^Sv3�:- -. ...,.✓ t v.2...:v. .r .v... ::;., .v >...:':: ...ti..,T_..,-.,... ,.. .v.,.. n/ F:"�i.'T::,' '.;3't ..Y-:i1.^.".....:>. ."., 4 -'&1 —7-17,,,b ' Park / - ` 1, y m 1� --;,)- Mc Jy Rc :t / '-- _ _ l_ i Court I / \- j OP ,14NCE �, d 8 o- oa 4, r— C jPark Road es e!n ou/ter Blvd in. — \ ,(MS&W� i--� ;`-__ ac.f �i�Cat StStE ` I CO Ire ------ , 1 / 1 Lake Suomi-- , 1 Essex Rd Park 2 Suffox Dr 3 Burlwood Dr , ,Va \\� 4 Rosewood Dr ♦1 ` r Mgt 5 Bowers Placeto 0s 1 r� , � �44 LCinake Susan \. \., , . .fix im S, 0// % ' 11111 i: .—.46/r' ,,�� artrr , ;, , /ram f' �o ./ ,\-\\In -co/ . t C. /� ow I �'J,�• N. M � - 1 C�y %�? 51-p `�s,D" per cillcDr , �" rci ift ) 1 "41 1 �' Crt z� L / '. .'M1S' h \f I(\ , .� 1 = Mar: �� sr l, \ ll�� J BLA1 S MIS' 1 „1, Park / ��,; 8. R� 6 R10E / ''fir---v - I � `�.,®;'�\ '\y \\5 _ D. Bennett & Sons, Inc. Variance September 29, 1998 Page 2 APPLICABLE REGULATION Section 20-615(5)(a) requires a 30 foot front yard setback for all properties in the RSF district. BACKGROUND The existing home was constructed in 1991 as part of Lake Susan Hills West 3rd Addition. The subject property is a corner lot and has two front yards for setback purposes. The existing house and attached garage meet all required setbacks. In April 1998, a building permit application for an above-ground pool was submitted. When the planning staff reviewed the application, the pool did not meet the required 30 foot setback. The contractor(D. Bennett & Sons, Inc.) was informed that the setback is 30 feet from the property line. The setback was also noted on the survey which accompanied the application. In August, the homeowner applied for a permit for a deck. When the owner picked-up the permit, staff noted that the permit for the pool was not picked-up. The homeowner stated that the pool was already constructed. The pool was installed without an issued permit. When the pool was inspected, it was determined that it did not meet the required setback. The inspector measured 28 feet. The homeowner was informed that the setback is 30 feet. The decision was made by the homeowner that the pool cannot be moved because of the landscaping. ANALYSIS The applicant is requesting a 2 foot variance from the 30 foot front yard setback requirement to keep an above-ground pool at its current location. Approving this variance will permit the pool to remain 28 feet from a property line abutting Bittern Court. Staff believes that the city should not be held accountable for a contractor's error. It is the responsibility of the contractor to make certain that a structure complies with all zoning and building code requirements and with the local government's permit process. The locational and building code requirements were clearly spelled out on the permit information. The fact that this structure is not permanently affixed to the ground and can be moved to meet the required setback makes this request frivolous. Therefore, a variance should not be granted. Staff recommends denial of this variance request because the pool can be moved to meet the required setback. 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: D. Bennett& Sons, Inc. Variance September 29, 1998 --� Page 3 a. That the literal enforcement of this chapter would cause an 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. Finding: The literal enforcement of this chapter does not create an undue hardship. The applicant can place an above-ground pool on the property within the required setbacks without a variance. This variance would depart downward from the pre-existing standards in the neighborhood. 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 this request is based are applicable to most properties within the RSF district. 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 request is so the pool does not have to be shifted two feet from the property line. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. The hardship was created by the contractor when the pool was placed in a required setback. 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 granting of the variance will allow a pool to be placed in a setback, which in the majority of the properties in the RSF district is free of structures. f. 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. D. Bennett& Sons, Inc. Variance September 29, 1998 Page 4 Finding: The variance will allow an above-ground pool to be closer to a public street than would be normally found in a RSF district. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals denies the request for a 2 foot variance from the 30 front yard setback for the location of a pool based upon the findings presented in the staff report." ATTACHMENTS: 1. Application 2. Section 20-615, RSF District Requirements 3. Site Plan 4. Permit Information 5. Property Owners \\cfsl\vol2\plan\ck\boa\bennett&sons 98-10 var.doc An Aci--fti N 1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELO MENT VIEW APPLICATION in (/ q prrJ ✓ V t1e N 5 �'orf), ri OWNER: / i/J1\) '//+ O( APPLICANT d��N ADDRESS: 33(`� &-(i) k4 IC) J( ADDRESS: / J7e- ^J D ,(6p=1:701/.) m.1,1 AnA) TELEPHONE (Day time)`:ID— � 1�7�L/ TELEPHONE:/ 13 /v l Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit Variance 01 75 .CO 1 456.C'C' Hfoci� Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal L Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escro'"€or Filing Fees/Atto9rney Cost** $ CUP/SPRNAC// RiWAP/Metes and Bounds, $400 Minor SUB) I f Cfr �E Subdivision* TOTAL FEE$ r715 Cc A list of all property owners within 500 feet of the boundaries of the property must be included with the application. iaf-samples must be st i . we#y-si-x-full-size#elded ies of t49e lans mast-be-s 81h" X 11" reduced copy Of —transparency-€or-each-p+an-sheet: *�Escfew rrift-be r uirea for otfser ppticatiorts-t fo 4he-deuelapment,contract___- NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. • NOTE - When multiple applications are processed/ the appropriate fee shall be charged for each application. Ti PROJECT NAME, i Miv‘t,4 LOCATION ✓LEGAL DESCRIPTION f 1Xa A- {' A ( A% )1\„ A-h �� f p p ,r2 A) • PRESENT ZONING REQUESTED ZONING • PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION / REASON FOR THIS REQUEST /\/(-;, ! 5 �� j/4-('i,;9.1t)Ze._ — , t `� l .3O'L `' ( -I �✓�✓ ✓ 1, This applicati n must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the — Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed , the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that .fter tie ..proval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the •ro.e for hich the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original •.c • e• r•tumed to City Hall Records. �. Ilea. A -. ��✓ Signature of ••• — Date L ( �✓✓ Signature of Fe caner -- Date , Application Recety don Pi I Ci?7 Fee Paid 175 Receipt No._ l.711 • The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. if not contacted, a copy of the report will be mailed to the applicant's address. D. Bennett and Sons, Inc. 3300 County Road 10, Suite 110• Brooklyn Center, MN 55429 • (612) 561-9266 September 2, 1998 Cynthia R. Kirchoff CITY OF CHANHASSEN 690 City Center DR Chanhassen MN 55317 Dear Ms Kirchoff D BENNETT & SONS INC are requesting a variance of 2 feet on an above ground swimming pool installed at 1520 Heron DR in Chanhassen. The problem is that the pool water wall is 30 feet 4 inches on the north side of the property but the Buttress Kick Outs are 2 feet closer to the property line which makes the need for the variance. The swimming pool is not a permanent structure, it is all above ground and can be moved. When I applied for the permit I was under the impression that the 30-foot set back was from the water wall not from the Buttresses. The swimming pool is landscaped with rock and is very eye appealing. I want to thank you in advance and appreciate your time looking into this request for a variance. Sincerely • 11?_3"---------• - ('' , -,,,, Brian J. Boras(l D. BENNETT •ONS INC Sales Manager for the State of Minnesota De Bihnett and `=. Sons, Inc. 3300 County Road 10, Suite 110•Brooklyn Center, MN 55429 • (612) 561-9266 September 15, 1998 Cynthia R. Kirchoff 1998 CITY OF CHANHASSEN tia i r ,., ,,, :; :,,,,rtAsSEN 690 City Center DR Chanhassen MN 55317 Dear Ms Kirchoff I went out to 1520 Heron DR in Chanhassen to remeasure. The Building Inspector had measured the distance between the pool fence to the curb; not the pool wall to the curb. My measurements were 40 feet from the pool wall to the curb. If you subtract the 10 feet from the curb you end up with 30 feet, which meets the code; therefore I don't think we need the variance. I have enclosed pictures of the pool and the area including the house and deck. Once again, the swimming pool is not a permanent structure, it is all above ground and can be moved. As you will notice in the pictures — the new deck stands closer to Bittern Court than the pool. I have spok�r1 with Lisa Olson (the home owner) she called the city the day the pool was to be installed and was told that the set backs were 30 feet from the curb. After hearing this they went ahead and had the pool installed. I want to thank you,again for looking in to this matter. Please keep these Y pictures with all of the paperwork if we still need to get the variance. Sin r ly I � Brian J. Bora D. BENNETT SONS INC Sales Manager for the State of Minnesota Enclosure da- § 20-595 CHANHASSEN CITY CODE b. For accessory structures, three (3) stories/forty(40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. (Ord. No. 80,Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92; Ord. No. 194, § 2, 10-11-93) Sec. 20-596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2-12-90) Editor's note—Inasmuch as there exists a§20-595,the provisions added by§3 of Ord.No. 120 as § 20-595 have been redesignated as § 20-596. Secs. 20-597-20-610. Reserved. ARTICLE XII. 'RSF' SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 20-611. Intent. The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord. No. 80,Art. V, § 5(5-5-1), 12-15-86) Sec. 20-612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single-family dwellings. (2) Public and private open space. (3) State-licensed day care center for twelve (12) or fewer children. (4) State-licensed group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (7) Antennas as regulated by article XXX of this chapter. (Ord. No. 80,Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96) Sec. 20-613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. Supp. No. 9 1210