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1998-11-10 minutes CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING NOVEMBER 10, 1998 Chairperson Johnson called the meeting to order at 7:35 p.m. MEMBERS PRESENT: Willard Johnson, Carol Watson and Steven Berquist STAFF PRESENT: Cynthia Kirchoff, Planner I A REQUEST FOR 5 FOOT VARIANCE FROM 7 FOOT BLUFF SETBACK FOR THE CONSTRUCTION OF A SCREEN PORCH,EUGENE & MIRIAM JUNKER, 1250 HESS FARM ROAD, CHASKA Cynthia Kerchief presented the staff report on this item. Steve Berquist asked, at the time of building permit, if the home had to maintain only the 50 foot rear yard setback. Kerchief responded that only a 50 foot rear yard setback was required. Carol Watson questioned why the home was not inspected. Kerchief responded that the setbacks were probably not measured. Eugene Junked stated that he has 4.8 acres not 6.8 acres as stated in the staff report. He also stated that the setback was not mentioned at the time of their family room addition. Berquist stated that the architect made notes on the site plan regarding the proposed home location. Mr. Junked stated that the total porch is 120 sq. ft., and the addition is only 4 feet. He confirmed that the porch will be 3 feet from the top of the bluff. Mr. Junked stated that the porch will not be for the view,but for a comfortable environment from the mosquitoes. Berquist asked if the deck was constructed at the same time as the home. Ms. Junked responded that it was, however, it was recently repaired because of deterioration. Berquist asked if the deck was extended any further into the bluff setback. Mr. Junked stated that the steps have changed, however, it is the same configuration as the original 1977 deck. CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING NOVEMBER 10, 1998 Chairperson Johnson called the meeting to order at 7:35 p.m. MEMBERS PRESENT: Willard Johnson, Carol Watson and Steven Berquist STAFF PRESENT: Cynthia Kirchoff, Planner I A REQUEST FOR 5 FOOT VARIANCE FROM 7 FOOT BLUFF SETBACK FOR THE CONSTRUCTION OF A SCREEN PORCH,EUGENE & MIRIAM JUNKER, 1250 HESS FARM ROAD, CHASKA Cynthia Kerchief presented the staff report on this item. Steve Berquist asked, at the time of building permit, if the home had to maintain only the 50 foot rear yard setback. Kerchief responded that only a 50 foot rear yard setback was required. Carol Watson questioned why the home was not inspected. Kerchief responded that the setbacks were probably not measured. Eugene Junked stated that he has 4.8 acres not 6.8 acres as stated in the staff report. He also stated that the setback was not mentioned at the time of their family room addition. Berquist stated that the architect made notes on the site plan regarding the proposed home location. Mr. Junked stated that the total porch is 120 sq. ft., and the addition is only 4 feet. He confirmed that the porch will be 3 feet from the top of the bluff. Mr. Junked stated that the porch will not be for the view,but for a comfortable environment from the mosquitoes. Berquist asked if the deck was constructed at the same time as the home. Ms. Junked responded that it was, however, it was recently repaired because of deterioration. Berquist asked if the deck was extended any further into the bluff setback. Mr. Junked stated that the steps have changed, however, it is the same configuration as the original 1977 deck. Board of Adjustments and Appeals Meeting Minutes November 10, 1998 Page 2 Berquist explained that the bluff setback intends to protect step inclines from degradation. He questioned if the new deck will create additional erosion. Ms. Junked stated that the are attempting to preserve the bluff by planting trees. She stated that a hard rain did erode the bluff several years ago, however, no further erosion has taken place since that time. Ms. Junked stated that the addition fits in with the existing home. Watson asked if there is another location for the porch. Ms. Junked stated that it is logical to place the porch off the family room or living room. Willard Johnson stated that the porch should not encroach further into the bluff. Berquist stated that additional damage to the bluff will not be caused by the porch addition. Watson stated that the applicant will lose the most if the porch creates additional erosion. Johnson asked if the applicants will plant additional shrubs, if the variance is approved. Ms. Junked responded that they will. Watson moved, Johnson seconded the motion to approve a 5 foot variance from the 7 foot bluff protection setback for the reconstruction and expansion of a deck with the following conditions: 1. The applicant plant additional vegetation to hold the soils. 2. The applicant shall submit a survey with setbacks. Watson asked if the city can require a survey. Kerchief responded that the city can require a survey. Johnson stated that the survey should show the setbacks. Mr. Junked stated that the property corners are in the ravine. Watson stated that the surveyor will find them. All voted in favor and the motion carried. Board of Adjustments and Appeals Meeting Minutes November 10, 1998 �-- Page 3 APPEAL AN ADMINISTRATIVE DECISION OF THE PLANNING DEPARTMENT THAT THEIR RETAIL SALES ARE NOT A PERMITTED USE NOR A GRANDFATHERED RIGHT IN THE RSF, SINGLE FAMILY RESIDENTIAL DISTRICT, RICHARD & YVONNE BROWN, 2630 Kerchief presented the staff report on this item. Tom Eagan, attorney for Mr. & Mrs. Brown, explained the unique history of the property. He stated that the property has had retail sales since the home was built in 1883. Mr. Eagan confirmed that the site was an apple orchard and that raspberries were sold on the property. He indicated that the staff report was extremely deficient because it did not include the history of the property and its 115 years of retail sales. He explained that the property owners have a clear non- conforming use and that the city cannot take away their property rights without compensation. Dean Paxton, 2611 Orchard Lane, stated that he has no problem with the Browns, however, he would like the neighbors to be given more consideration. He explained that the sales were getting larger and asked how the size will be controlled. He stated that the sales have altered the character of the neighborhood by the on-street parking and customers disturbing he and his family at 6 or 7 a.m. Jessica Paxton, 2611 Orchard Lane, expressed concern with the retail sales and the impact it has on the neighborhood. She suggested that the Browns relocate to a business district. Dick Brown stated they have not increased the size of the sales in 5 or 10 years. He stated that customers do not arrive at 6 or 7 a.m.. Julie Chaser, 2161 Orchard Lane, expressed concern about the early morning traffic and asked what will stop additional retail sales. Pat Hanley, 2660 Orchard Lane, stated that he has lived in this neighborhood for 20 years and that the on-street parking is an issue, however, it slows down traffic. He mentioned that the Browns are good neighbors. Tom Christopher, 2540 Orchard Lane, stated that he is not bothered by the parking in front of his home. Don Livingston, 2621 Orchard Lane, stated that they are excellent neighbors and that this sale is similar to a garage sale. Ralph Livingston, 2631 Orchard Lane, stated that the Browns are good neighbors. Board of Adjustments and Appeals Meeting Minutes November 10, 1998 `-- Page 4 Watson moved, Berquist seconded the motion to close the public hearing. Watson stated that this is not an isolated problem and that it is no different from a garage sale. She stated that staff report's definition of a garage sale was insufficient. Ms. Watson explained that this problem is greater than Orchard Lane. Johnson stated that he is concerned with the traffic that will travel Orchard Lane when Sandpiper and Oriole Lane became limited access from Hwy. 7. Mr. Brown stated that traffic has not increased due to the sales. Johnson asked if there were any pauses between the sales of the previous owner and the Browns. Mr. Eagan responded that the sales were continuous. Berquist stated that the neighbors have concerns but things can be worked out. He expressed an understanding with the neighbors. He reiterated that the sales are operated twice per year with each sale extending two weekends. He asked the Browns what was the worst business day. Yvonne Brown responded that it is Friday or Sunday. Berquist stated that the sales can be held on Thursday, Friday and Saturday, not Sunday. Watson asked if the Browns need to call staff prior to the sale. Berquist stated that they should so that staff can observe and document traffic problems. He asked the size of the barn. Ms. Brown stated that the barn is 20 feet by 22 feet. Berquist is they have a circle drive. Ms. Brown stated that they do,but they do not permit customers to park in their driveway. Johnson stated that the Board should permit the sales for one year. Berquist stated that at that time they can review problems and concerns. He stated that he cannot see this as a detriment to the neighborhood. Berquist moved, Watson seconded the motion to allow retail sales at 2630 Orchard Lane with the following conditions: Board of Adjustments and Appeals Meeting Minutes November 10, 1998 Page 5 1. The applicant shall post"No Parking" signs on the south side of Orchard Lane. 2. The retail sales shall be limited to twice per year, one in the spring and another in the fall. The sales shall be limited to Thursday, Friday and Saturday. Sales shall not take place on Sundays. The applicant shall notify the planning department with the dates of the sales. 3. The retail sales floor area shall not increase. Berquist stated that the permission to operate the retail sales shall expire in one year, after which the Board shall review parking problems associated with the sales. Watson stated that parking is a problem with the park in her neighborhood and that these sales exist all over the city. She reiterated that these craft sales are no difference from garage sales. Berquist stated that there is a difference between retail sales and garage sales. All voted in favor and the motion carried. APPROVAL OF MINUTES: Johnson moved, Berquist seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated September 29, 1998. Watson abstained from the vote and the motion carried. Watson moved, Johnson seconded the motion to adjourn. All voted in favor and the motion carried. The meeting was adjourned at 8:55 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I I 1,_12 bl-C .. ► KC1c CHANHASSEN BOARD OF �C �� ADJUSTMENTS AND APPPEALS REGULAR MEETING NOVEMBER 10, 1998 Had,( Y\ Chairperson Johnson called the meeting to order at 7:35 p.m. ercy. It Ca J J MEMBERS PRESENT: Willard Johnson, Carol Watson and Ste STAFF PRESENT: Cynthia Kirchoff, Planner I 1 A REQUEST FOR 5 FOOT VARIANCE FROM 7 FOOT BLUFF SETBACK FOR THE CONSTRUCTION OF A SCREEN PORCH,EUGENE & MIRIAM JUNKER, 1250 HESS FARM ROAD, CHASKA Cynthia Kirchoff presented the staff report on this item. Steve Berquist asked, at the time of building permit, if the home had to maintain only the 50 foot rear yard setback. Kirchoff responded that only a 50 foot rear yard setback was required. Carol Watson questioned why the home was not inspected. Kirchoff responded that the setbacks were probably not measured. Eugene Junker stated that he has 4.8 acres not 6.8 acres as stated in the staff report. He also stated that the setback was not mentioned at the time of their family room addition. Berquist stated that the architect made notes on the site plan regarding the proposed home location. Mr. Junker stated that the total porch is 120 sq. ft., and the addition is only 4 feet. He confirmed that the porch will be 3 feet from the top of the bluff. Mr. Junker stated that the porch will not be for the view,but for a comfortable environment from the mosquitoes. Berquist asked if the deck was constructed at the same time as the home. Ms. Junker responded that it was,however, it was recently repaired because of deterioration. Berquist asked if the deck was extended any further into the bluff setback. Mr. Junker stated that the steps have changed,however, it is the same configuration as the original 1977 deck. Board of Adjustments and Appeals Meeting Minutes November 10, 1998 .' Page 2 Berquist explained that the bluff setback intends to protect step inclines from degradation. He questioned if the new deck will create additional erosion. Ms. Junker stated that the are attempting to preserve the bluff by planting trees. She stated that a hard rain did erode the bluff several years ago, however, no further erosion has taken place since that time. Ms. Junker stated that the addition fits in with the existing home. Watson asked if there is another location for the porch. Ms. Dunker stated that it is logical to place the porch off the family room or living room. Willard Johnson stated that the porch should not encroach further into the bluff. Berquist stated that additional damage to the bluff will not be caused by the porch addition. Watson stated that the applicant will lose the most if the porch creates additional erosion. Johnson asked if the applicants will plant additional shrubs, if the variance is approved. Ms. Junker responded that they will. Watson moved, Johnson seconded the motion to approve a 5 foot variance from the 7 foot bluff protection setback for the reconstruction and expansion of a deck with the following conditions: 1. The applicant plant additional vegetation to hold the soils. 2. The applicant shall submit a survey with setbacks. Watson asked if the city can require a survey. Kirchoff responded that the city can require a survey. Johnson stated that the survey should show the setbacks. Mr. Junker stated that the property corners are in the ravine. Watson stated that the surveyor will find them. All voted in favor and the motion carried. Board of Adjustments and Appeals Meeting Minutes November 10, 1998 Page 3 APPEAL AN ADMINISTRATIVE DECISION OF THE PLANNING DEPARTMENT THAT THEIR RETAIL SALES ARE NOT A PERMITTED USE NOR A GRANDFATHERED RIGHT IN THE RSF, SINGLE FAMILY RESIDENTIAL DISTRICT, RICHARD & YVONNE BROWN, 2630 Kirchoff presented the staff report on this item. Tom Eagan, attorney for Mr. & Mrs. Brown, explained the unique history of the property. He stated that the property has had retail sales since the home was built in 1883. Mr. Eagan confirmed that the site was an apple orchard and that raspberries were sold on the property. He indicated that the staff report was extremely deficient because it did not include the history of the property and its 115 years of retail sales. He explained that the property owners have a clear non- conforming use and that the city cannot take away their property rights without compensation. Dean Paxton, 2611 Orchard Lane, stated that he has no problem with the Browns, however, he would like the neighbors to be given more consideration. He explained that the sales were getting larger and asked how the size will be controlled. He stated that the sales have altered the character of the neighborhood by the on-street parking and customers disturbing he and his family at 6 or 7 a.m. Jessica Paxton, 2611 Orchard Lane, expressed concern with the retail sales and the impact it has on the neighborhood. She suggested that the Browns relocate to a business district. Dick Brown stated they have not increased the size of the sales in 5 or 10 years. He stated that customers do not arrive at 6 or 7 a.m.. Julie Chaser, 2161 Orchard Lane, expressed concern about the early morning traffic and asked what will stop additional retail sales. Pat Hanley, 2660 Orchard Lane, stated that he has lived in this neighborhood for 20 years and that the on-street parking is an issue, however, it slows down traffic. He mentioned that the Browns are good neighbors. Tom Christopher, 2540 Orchard Lane, stated that he is not bothered by the parking in front of his home. Don Livingston, 2621 Orchard Lane, stated that they are excellent neighbors and that this sale is similar to a garage sale. Ralph Livingston, 2631 Orchard Lane, stated that the Browns are good neighbors. Board of Adjustments and Appeals Meeting Minutes November 10, 1998 Page 4 Watson moved, Berquist seconded the motion to close the public hearing. Watson stated that this is not an isolated problem and that it is no different from a garage sale. She stated that staff report's definition of a garage sale was insufficient. Ms. Watson explained that this problem is greater than Orchard Lane. Johnson stated that he is concerned with the traffic that will travel Orchard Lane when Sandpiper and Oriole Lane became limited access from Hwy. 7. Mr. Brown stated that traffic has not increased due to the sales. Johnson asked if there were any pauses between the sales of the previous owner and the Browns. Mr. Eagan responded that the sales were continuous. Berquist stated that the neighbors have concerns but things can be worked out. He expressed an understanding with the neighbors. He reiterated that the sales are operated twice per year with each sale extending two weekends. He asked the Browns what was the worst business day. Yvonne Brown responded that it is Friday or Sunday. Berquist stated that the sales can be held on Thursday,Friday and Saturday, not Sunday. Watson asked if the Browns need to call staff prior to the sale. Berquist stated that they should so that staff can observe and document traffic problems. He asked the size of the barn. Ms. Brown stated that the barn is 20 feet by 22 feet. Berquist asked if they have a circle drive. Ms. Brown stated that they do,but they do not permit customers to park in their driveway. Johnson stated that the Board should permit the sales for one year. Berquist stated that at that time they can review problems and concerns. He stated that he cannot see this as a detriment to the neighborhood. Berquist moved, Watson seconded the motion to allow retail sales at 2630 Orchard Lane with the following conditions: Board of Adjustments and Appeals Meeting Minutes November 10, 1998 Page 5 1. The applicant shall post"No Parking" signs on the south side of Orchard Lane. 2. The retail sales shall be limited to twice per year, one in the spring and another in the fall. The sales shall be limited to Thursday, Friday and Saturday. Sales shall not take place on Sundays. The applicant shall notify the planning department with the dates of the sales. 3. The retail sales floor area shall not increase. Berquist stated that the permission to operate the retail sales shall expire in one year, after which the Board shall review parking problems associated with the sales. Watson stated that parking is a problem with the park in her neighborhood and that these sales exist all over the city. She reiterated that these craft sales are no difference from garage sales. Berquist stated that there is a difference between retail sales and garage sales. All voted in favor and the motion carried. APPROVAL OF MINUTES: Johnson moved, Berquist seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated September 29, 1998. Watson abstained from the vote and the motion carried. Watson moved, Johnson seconded the motion to adjourn. All voted in favor and the motion carried. The meeting was adjourned at 8:55 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I FILE. AGENDA CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS TUESDAY, NOVEMBER 10, 1998 AT 7:30 P.M. CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CITY COUNCIL CHAMBERS Call to Order New Business 1. A request for a thirty-nine(39)foot variance from the fifty(50) foot rear yard setback for the construction of a screen porch and a request for a five(5) foot variance from the seven (7) foot bluff setback for the construction of a screen porch, on property zoned RR, Rural Residential and located on Lot 3,Block 1, Hesse Farm(1250 Hesse Farm Road), Eugene& Miriam Junker. 2. Appeal an administrative decision of the planning department that their retail sales are not a permitted use nor a grandfathered right in the RSF, Single Family Residential district, 2630 Orchard Lane, Richard&Yvonne Brown. 3. Approval of Minutes. Adjournment CITY O F CUANUAEN B: : /th/98 • C CASE #: 98- 11 VAR By: Kirchoff:v STAFF REPORT PROPOSAL: (1) A request for a thirty-nine(39) foot variance from the fifty(50) foot rear yard setback for the construction of a screen porch. (2) A request for a five (5) foot variance from the seven(7) foot bluff setback for the construction of a screen porch. U LOCATION: 1250 Hesse Farm Road (Lot 3, Block 1, Hesse Farm) a.,J APPLICANT: Eugene& Miriam Junker a 1250 Hesse Farm Road Chaska,MN 55318 (445-5425) PRESENT ZONING: RR, Rural Residential ACREAGE: 6.8 acres DENSITY: N/A ADJACENT ZONING AND LAND USES: N: Bluff Creek Golf Course, A-2, Agricultural Estate S: RR, Rural Residential Q E: RR,Rural Residential W: RR,Rural Residential WATER AND SEWER: Unavailable to the site 111 PHYSICAL CHARACTER: This site contains severe topography. An existing single family home is located near the bluff 2000 LAND USE PLAN: Large Lot Residential ,/1---7------n_ ' \ CO (11 • 0 e D t IMIIII II NINI1 Cr -../ %Z . • _ „••• r..... I Z...••••• '••••••••41 a 4Z. • .----tr... P''''•-• N./ r . itati , :.., ....: 4%‘, ......., • ...,...,..-- Ner..7. , ( (9 ;*7 - Pit • .....---% Li / i f. i i. • E 2 - A I L .-- g'• .1 I VARI NCE REQUEST 1 - ' sr & As As - ‘-' ti\• ' : _ 1 c CREEK _ AL PARK 7 _ ,\ + 4 -E.c VONOr :17, \??,, ,,, \\s,-: , 1 - ---•.!04 -:--'". 1:", *'*•:-... S S E FA 4 M 'D. • . , c<' ,,,,- •. -•-":•,",. / ,,''"V j...";", - # ••;•,, i : , --"'- •.\4'' . ",,,,,. / ; u delii, Se,s,"1", .•-s.',.., • . j • -cask,. I Vo -;',; ---.._____ i .' • . likx c'', , REGIONAL 1-- I 1 c0k-N ( ,....,._ ;,/ ...t ! ...1 . ..... ....., S I .....3f.i..1 1.........) ., {---,4.L.--., • ,.., •• • : % , i i l...) ,...,ji....,• 1 2\2- • l)-S. / r.. C\-°°D DcR\\I F0"4— ...-- P _ Cr-----------jiL-- — -------- — — — -------- -,-).--__ Junker Variance November 10, 1998 Page 2 APPLICABLE REGULATIONS Section 20-575 requires a 50 foot rear yard setback in the RR, Rural Residential District (Attachment 2). Section 20-1401 states that on parcels of land on which a building has already been constructed on June 1, 1991, the setback form the top of the bluff is five (5)feet or existing setback, whichever is more,for additions to an existing building(Attachment 3). Section 20-72(a) states that there shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity(Attachment 4). 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 5). BACKGROUND The subject property is located Hesse Farm Subdivision. According to building permit records, the existing home was constructed in 1977. When the house was constructed a 50 foot rear yard setback was required. The 1989 aerial photos indicate the that home was constructed approximately 15 feet from the property line. The survey submitted with the building permit shows the home approximately 95 feet from the rear property line. When the family room was constructed in 1984, it did not meet the required 50 foot setback because the home was built in the required setback. Since the survey was incorrect, staff is estimating the setback and the variance requests. In 1991, the bluff protection ordinance was adopted. This ordinance was intended to protect the Minnesota River Valley bluffs which include the Hesse Farm Subdivision. The city has prepared bluff protection aerial photos. According to these photos, the home is located in the bluff and does not maintain any setback. However, staff has determined that the top of the bluff is the 900 contour line. The house is actually placed on this contour line. Therefore, according to staff's calculations, the home maintains a 7 foot setback from the top of the bluff. The proposed porch is approximately 2 feet from the 900 contour line on the aerial photos. ANALYSIS The applicant proposes to construct a 216 sq. ft. screen porch. Approximately 120 sq. ft. will be new construction and 96 sq. ft. of the porch is existing decking. A large deck does exists on the rear of the property with portions replaced recently. The applicant was not required to submit an Junker Variance November 10, 1998 Page 3 updated survey with this application because of the expense. Therefore, the setbacks are all approximate. There are two variances in this application. The first is a 39 foot variance from the 50 foot rear yard setback and the second is a 5 foot variance from the bluff setback. According to a 1989 aerial photo, the existing home is 15 feet from the rear yard property line and 7 feet from the top of the bluff. The proposed porch will be 11 feet from the rear property line and 2 feet from the top of the bluff Again, these distances are approximate. This home was not constructed in accordance with the plans submitted with the building permit. It was constructed approximately 80 feet closer to the rear property line than indicated on the original survey. Staff cannot determine how this home was permitted in a required setback. This was probably done to maximize views of the bluff. Over one-half of the home is in this required 50 foot rear yard setback. If the home had been constructed according to the survey, a variance may not be needed. Since the property in over 700 feet in depth and the home was constructed by the applicant, the hardship is self-created. A property of this size should not require a variance to build outdoor living space. The applicant already has a large deck to view the bluffs. Although this home was constructed prior to the adoption of the bluff protection ordinance, provisions were made for existing situations. It states that any additions must maintain a 5 foot setback or the existing setback, whichever is greater. In this case, staff has estimated that the setback is 7 feet. Therefore, the required setback would be 7 feet. The proposed porch will reduce the bluff setback to 2 feet. This setback is unacceptable given the overall size and buildable area of this property. It is uncertain if the decreased setback will further erode the bluff. The zoning ordinance does not permit the expansion of a non-conforming structure except to eliminate the non-conformity. If this variance is approved, it will expand a non-conforming structure into two required setbacks. This proposal does not warrant the granting of a variance because a hardship is not present. A hardship occurs when the owner does not have a reasonable use of the property. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use"is defined as "the purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a RR zoning district, a reasonable use is a single family home. The owners have a reasonable use of the property with a large existing deck. The inability to construct a screen porch does not constitute a hardship. Since the applicant has a reasonable use of the property without the screen porch, a hardship does not exist and staff does not recommend approval of the variances. Junker Variance November 10, 1998 Page 4 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. A house and large deck currently exist on the site. The applicant has an opportunity to view the bluffs from the home and deck. Approving this variance will create a new bluff setback and rear yard setback for the property. It will also permit the expansion of a non-conforming structure into an environmentally sensitive feature. 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 applicable to most other properties in the RR zoning district. The majority of the properties in this zoning district must maintain a bluff setback,and many homes were constructed prior to the bluff ordinance's adoption. 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 construction of the screen porch will certainly increase the value of the property, since the proposed screen porch will offer views of the ravine and bluff. However,this is not the primary purpose of the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. The existing home was not built in accordance with the plans submitted to the city at the time of building permit. It did not meet the 50 foot rear yard 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. Dunker Variance November 10, 1998 Page 5 Finding: The granting of the variance will enable a structure to be located closer to an extremely sensitive environmental feature than the ordinance permits. It will also permit the expansion of a non-conforming structure. The ordinance was specifically adopted to prevent further erosion of the Minnesota River Valley bluffs. 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 enable a structure to maintain a rear yard setback that is much less than what would be found in other properties in the RR zoning district. It will also permit further expansion into a protected environmental feature, which could cause unnecessary erosion. 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 39 foot variance from the 50 foot rear yard setback and a 5 foot variance from the 7 foot bluff protection setback based upon the findings presented in the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant has a reasonable opportunity to view the bluffs with an existing deck." Should the Board of Adjustments and Appeals approve the requests,the following condition shall apply: 1. The applicants shall be required to have the northern portion of the property surveyed or, at a minimum, locate the property corners to determine the setbacks. ATTACHMENTS: 1. Application 2. Section 20-575, RR Setbacks 3. Section 20-1401, Bluff Setback 4. Section 20-72,Non-conforming Uses and Structures 5. Site Plan Junker Variance November 10, 1998 Page 6 6. Staff Revised Site Plan 7. Property Owners \\cfsl\volt\plan\ck\junker 98-11 var.doc FROM CITY OF CHRNHASSEN 1:3. 19. 1998 15: 18 F. 4 ATT? cA4 hrl IT '1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION ✓APPLICANT: a' 4 ct44 i VOWfV�R' S�til ADDRESS: 1 ZS FQ-0i / ADDRESS: ka 1M S'S3l g TELEPH ONE(bay Limo) 3l�/-• S/ 70 TELEPHONE: /lakr,e_ ; 5'4z5� Comprehensive;Plan Amendment — Temporary Safes Permit Conditional Use Permit — Vacation of ROW/Easements Interim Use Per it Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Deg elopmsnt• Zoning Appeal g Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Revie + Notification Sign Site Plan rievlew{ Escr• • Filing Fees/A • Cost*" 50 P/SPR/VAC , AP/Ivjetes • • _•unds,$400 M nor SUB) t a p _.._. Subdivisipn" TOTAL FEE$ Tc•C A list of all property owners within 500 feet of the boundaries of the properly must be Included with the applicatlon, et-be-subralt ,' ,co pY "Escrow will be required for other applications through the development contract NOTE-When Ap multi le a N^ charged cations are processed,the appropriate fee shall be char ed for each application. FROM CITY OF CHRNHR55EN 10. 19. 1993 15: 19 P. I t ' NOTE . When m4pie applications are processed,the appropriate foe shaN be charged rg d for each application. PROJECT NAME ; Sc-ree_o Porc `7 LOCATION s Se. Fcurm ,QcQ ( on -e., ba,c.Lc p. ✓LEGAL DESGRI?TI6N 1 M-z /-6.;<_ _)�1-,,&I e- o us e PRESENT ZONING REQUESTED ZONING PRESENT LAND US DESIGNATION REQUESTED LAND f 1SE DESIGNATION ✓ REASON FOR THIS REQUEST we, U.J l S li 40 Scree.ri 1_h/ - A pie z- ,� --ei e. cXi, ""ci I-a�v [ M cL L'o G< p �c. / i s T��'L s i-/- I n-7"D a i o-b wt/d Z.a i-e This application must be completed In full and be typewritten or clearly printed and must be accompanied by all information ,bX and plans required b 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. Lw/u � This Is to certify that I m making application for the described action by the City and that I am responsible fof 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 rttake this application and the fee owner has also signed this application. I wit! keep myself Inromed of the deadlines for submission of material and the progress of this application. I further understand that additidnai fees may be charged for consulting fees, feasiblilty studies, etc. whh 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. 1 I a►so understand that titter the approval or granting of the permit, such perms shall be Invalid unless they are recorded against the title to the property for which the approval/permit Is granted within 120 days with the Carver County Recorder's Office and the Original document returned to Ctty Hall Records. /d/ZI/9 Signature Applicant Gate 4 / /v/ � 1, Signet` of Fee-Owner 'Datt� Application R db oft Fee Paid Receipt No. ' The applicant shout contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not coma ad, a copy of the report will be mailed to the applicant's addroaa, .**END.*h 10/21/1998 016: 13 612 C,H"SK SCHOOLS PAGE 01 YtiJ♦H J Sc: TO: City of Chanhassen FAX 937-5739 Cindy Kirchoff FROM: Eugene and Miriam Junker RE: Screen Porch We are asking for a variance to build a screen porch on part of our existing deck, in place of steps that were there and an additional few feet to make it a rectangular room. We intend this porch to be an extension of our family room. We have found that during the summer and the fall, living where we do, the outdoor living ends at 6:30 or 7:00 p.m. We enjoy being out of doors and this seems like a logical way to do so. The plans indicate how it is to be built and where it is to be built. r a.. § 20-576 CHANHASSEN CITY CODE (2) Mineral extraction. (3) Reserved. (4) Mobile homes (compliance with section 20-905 is not required). (5) Bed and breakfast establishments. (6) Commercial kennels, stables and riding academies. (7) Wholesale nurseries. (8) Golf driving ranges with or without miniature golf courses. (Ord. No. 120, § 3, 2-12-90; Ord. No. 140, § 1, 3-11-91; Ord. No. 240, § 17, 7-24-95) Secs. 20-577-20-590. Reserved. ARTICLE XI. ERR"RURAL RESIDENTIAL DISTRICT Sec. 20-591. Intent. The intent of the "RR" District is to provide for single-family residential subdivisions intended for large lot developments. (Ord. No. 80,Art. V, § 4(5-4-1), 12-15-86) Sec. 20-592. Permitted uses. • The following uses are permitted in an "RR" District: (1) Single-family dwellings. (2) Public and private parks and 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) Agriculture. (8) Antennas as regulated by article XXX of this chapter. (Ord. No. 80,Art. V, § 4(5-4-2), 12-15-86; Ord. No. 259, § 9, 11-12-96) Sec. 20-593. Permitted accessory uses. The following are permitted accessory uses in an "RR" District: (1) Garage. (2) Storage building. (3) Swimming pool. Supp. No. 9 1208 ZONING § 20-595 (4) Tennis court. (5) Signs. (6) Home occupation. (7) One (1) dock. (8) Roadside stand. (9) Private kennel. (Ord. No. 80,Art. V, § 4(5-4-3), 12-15-86) Sec. 20-594. Conditional uses. The following are conditional uses in an "RR" District: (1) Churches. (2) Private stables. (3) Public buildings. (4) Recreational beach lots. (5) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 4(5-4-4), 12-15-86; Ord. No. 120, § 4(3), 2-12-90; Ord. No. 259, § 10, 11-12-96) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-595. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RR" District subject to additional requirements set forth in this chapter: (1) The minimum lot area is two and one-half(21/2) acres, subject to section 20-906. (2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot frontage of lots fronting on a cul-de-sac shall be at least two hundred (200)feet at the building setback line. (3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the building setback line. (4) The maximum lot coverage is twenty (20) percent. ✓ (5) The minimum setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. (6) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. Supp. No. 9 1209 ATTAcHtvlIENT 3 ZONING § 20-1402 Secs. 20-1352-20-1399. Reserved. ARTICLE XXVIII. BLUFF PROTECTION Sec. 20-1400. Statement of intent. Development,excavation,clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact zone within the city, alteration to land or vegetation within the bluff area will not be permitted except as regulated by this article and by the regulations of the underlying zoning district where the property is located. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 2, 4-8-96) Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings,except stairways and landings,are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet. (b) On parcels of land on which a building has already been constructed on June 1, 1991,the setback from the top of the b`uff is five (5) feet or existing setback, whichever is more, for additions to an existing building.Any new buildings will have to meet the thirty-foot setback. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 3, 4-8-96) Sec. 20-1402. Stairways, lifts and landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited.Stairways and lifts must receive an earthwork permit and must meet the following design requirements: (1) Stairways and lifts may not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Reserved. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground,provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots. Supp. No. 9 1273 T1`�t G{-tL1 N T + § 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. (fl 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 1165 -r i �, ,TW p I I'6 I ,. - - 1/4" i , vv' k-- if ,',F"--77—•-•,,---:-.:://,,,,.------: ,, -_ -- :•-----i(?/---, 1,4!,.- ,,__ , '`,.. :,.." :„:, ,1 'fica' ,, / 7, ,_ , 5_ I ,/ • , 1/ \ , , , , , '',// ,/,//1/ //,, / ///- 1 ' ni: /„ , ',/,/,:// - ,‹-f7,,,iy. 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BOARD OF ADJUSTMENTS AND APPEALS Tuesday, November 10, 1998 at 7:30 p.m. City Hall Council Chambers 690 City Center Drive11111. Rd a•e-4 4o vivr PROJECT: Bluff Setback Variance , APPLICANT: Eugene and Mariam Junker LOCATION: 1250 Hesse Farm Road 00,3 NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicants, Eugene and Miriam Junker, request a variance from the bluff setback for the constructio of a screen porch on property zoned RR, Rural Residential and located at 1250 Hesse Farm Road. 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 October 29, 1998. BLUFF CREEK GOLF ASSN ROBERT STEFFES P.O. BOX 475 1350 HESSE FARM ROAD F'—ELSIOR, MN 55331 CHASKA, MN 55318 HESSE FARM HOMEOWNER'S MICHAEL& KATHY ARNOLD C/O JANET WINTER 1400 HESSE FARM ROAD 1075 HESSE FARM ROAD CHASKA, MN 55318 CHASKA, MN 55318 RICHARD DEE NICK EVANOFF 1201 HESSE FARM CIRCLE 1401 HESSE FARM ROAD CHASKA, MN 55318 CHASKA, MN 55318 JEFFREY MAY 1225 HESSE FARM CIRCLE CHASKA, MN 55318 EDWARD MUELLER 1251 HESSE FARM CIRCLE CHASKA, MN 55318 KEITH & STACY CARLSON 1301 HESSE FARM CIRCLE CHASKA. MN 55318 BRUCE RECH 1180 HESSE FARM ROAD CHASKA, MN 55318 PETER TAUNTON 316-19TH AVE S.E. WILLMAR, MN 56201 ROGER BROWN 1200 HESSE FARM ROAD CHASKA, MN 55318 Eb..cNE JUNKER 1250 HESSE FARM ROAD CHASKA, MN 55318 101 CITY OF MEMORANDUM CHANHASSEN TO: Board of Adjustments and Appeals 690 City Center Drive,PO Box 147 FROM: Cynthia Kirchoff, Planner I Chanhassen,Minnesota 55317 Phone612.937.1900 DATE: November 4, 1998 General Fax 612.937.5739 Engineering Fax612.937.9152 RE: Zoning Appeal, Richard&Yvonne Brown Public Safety Fax 612.934.2524 Web wwu ci.chanhassen.mn.us Location: 2630 Orchard Lane (Minnewashta Park, Lot 4) Request: The applicant is appealing an administrative decision of the planning department that their retail sales are not a permitted use nor a grandfathered right in the RSF, Single Family Residential district BACKGROUND The planning department received two complaints regarding the on-street parking associated with the retail sales taking place in the "Red Barn" located at 2630 Orchard Lane. Staff notified the property owners that retail sales are not a permitted use the RSF district and that the activity must cease. The property owner met with staff to discuss the notice. The owner contended that they had been operating a"boutique"twice per year since 1984. (This "boutique" entails Mrs. Brown making crafts and selling them in the red barn located on their property.) Staff indicated that they would research the adoption of the home occupation ordinance. It was discovered that retail sales were specifically prohibited as part of a home occupation since 1972. Staff forwarded this information to the property owner. After receiving the 1972 zoning ordinance, the property owner requested to meet with the planning director. At the second meeting the owner indicated that they have been operating the "boutique" since 1970, not 1984 as originally stated. The planning director explained that the owners could either appeal the planning department's interpretation of the home occupation ordinance and grandfather rights or amend the zoning ordinance to permit this type of activity in the RSF district. The property owners chose to appeal staff's decision. The home owner believes that since they have been operating a"boutique" since 1970 they have grandfather rights and should be permitted to continue the retail sales. The City of Chanhassen.A growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beautiful Darks.A great Place to live. work,and play. Board of Adjustments and Appeals ..� Brown Appeal November 4, 1998 Page 2 APPLICABLE REGULATIONS Article XXII. General Supplemental Regulations. Division 3. Home Occupations (Attachment 2). Section 20-983 states that no commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Section 20-982 states no traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3)parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Section 20-1124 states that one (1) space for each two hundred(200)square feet of gross floor area is required for retail stores (Attachment 3). Section 20-28 (b) (1) grants the Board of Adjustments and Appeals the power to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city employee in the administration of this chapter(Attachment 4). ANALYSIS The planning staff received two complaints regarding on-street parking problems on Orchard Lane due to a craft sale. The complainants indicated that several times a year, the subject property has sales that creates congestion on Orchard Lane. It was also stated that a cash register is present on the site. Staff performed an inspection at 2630 Orchard Lane during the fall sale (early October) and found that seven(7)cars were parked on Orchard Lane. Orchard Lane is only 24 feet wide. The typical street width is 31 feet from curb to curb. The reduction in the street width along with on-street parking makes for a traffic hazard. Staff also noted that crafts were being sold out of the red barn located in the rear yard. It was very evident that this activity was altering the character of the residential neighborhood. Zoning ordinances were adopted to protect the value of the single-family home. The purpose of the various business, industrial and residential zoning districts is to regulate the uses. One of the regulations is parking. The city requires a certain number of parking spaces based on the use. For instance, one space is required for every 200 sq. ft. of gross floor area for retail sales. The applicants are not providing parking for their retail sales, thus creating the parking congestion on the street. This congestion is altering the character of the neighborhood and possibly decreasing Board of Adjustments and Appeals Brown Appeal November 4, 1998 Page 3 the value of properties. However, the applicant contends that the activity actually has increased the value of neighboring homes On-Street Parking The home occupation ordinance states that all parking shall take place off-street. Since the property does not have parking facilities, customers park on the street,thus creating a traffic hazard for neighborhood residents. The property owner does place"No Parking"signs on the south side of Orchard Lane, however, congestion still takes place. The ordinance also states that traffic should not be any greater than would normally be expected in a residential district. One expects only traffic of residents in a residential neighborhood. In this case, they have customers parking on a narrow street creating congestion for residents. Retail Sales The current ordinance specifically states that no retail sales shall take place in conjunction with the home occupation. The reason that the ordinance specifically prohibits this activity is because it creates additional traffic and noise. Furthermore, retail sales cannot be considered an accessory use in a single family home as most permitted home occupations. Retail sales are most appropriate in a business district. This also provides an unfair advantage over other retail uses in the city who must locate in a commercially-zoned property. Home Occupation Ordinance History In 1952, the Township of Chanhassen adopted a zoning ordinance. This ordinance permitted offices of professional persons when located in the dwelling in the Residence District "B." Staff believes that this was referring to home occupations. This type of activity is not permitted in the Residence District"A,"which is most likely what the subject property was zoned. Retail sales were only permitted in the Business District, which is typical of a zoning ordinance. In 1972, the Village of Chanhassen adopted a zoning ordinance where retail sales in conjunction with a home occupation are specifically prohibited. However, the zoning ordinance does not specifically state that home occupations are permitted as an accessory use in the R-1 Single Family Residence District. Staff believes that a home occupation may be permitted in the R-2, R-3 and R-4 Districts where it states that the following uses may be permitted as accessory to the permitted use: (1) Subordinate uses which are clearly and customarily accessory to the permitted use. Historically, home occupations are deemed accessory to the single-family home. However, the businesses must be incidental to the permitted use. Retail sales cannot be considered incidental to a dwelling since they significantly alter the character of the permitted use. Board of Adjustments and Appeals "Th Brown Appeal November 4, 1998 Page 4 Based on this information, staff believes that a home occupation involving retail sales was never permitted in the zoningdistrict, so the applicant does not have grandfather rights to operate the PP "boutique." Neighborhood Comments Residents' comments are perhaps the most indicative of a true problem. Staff has received letters from neighboring property owners (Attachment 6). The neighbors both stated that the applicants have been operating the "boutique" since they purchased the property in 1970. Conversely, other neighbors find the situation frustrating. After all, they do not expect retail sales to take place in a quiet residential neighborhood. This activity is interfering with the enjoyment of their property. Garage Sales A garage sale can be defined as a sale, conducted for a short period of time, of used goods. The goods are not made on the premises. Also, the revenue from the sale is not generally included on tax forms. Since the property owner is making the crafts on the premise, it cannot be considered a garage sale. Alternative Location At the second meeting, staff suggested that the applicant find an alternative location such as Old Village Hall. The building is rented by the hour. This would be an ideal location because of the ample parking and the historical ambience. Staff believes that the applicant has not demonstrated grandfather rights to continue operating retail sales in a residentially-zoned district. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals affirm staff's decision that the applicant does not have grandfather rights to operate retail sales in the RSF, Single Family Residential District. Should the Board determine that the applicant does have grandfather rights and is a legal non- conforming use, staff recommends that the following conditions shall apply: 1. All parking shall comply with the parking requirements in the City Code. This means that the number of spaces shall equal that required by ordinance for retail sales. Board of Adjustments and Appeals Brown Appeal November 4, 1998 Page 5 2. The "boutique" sales shall be limited to twice per year. The property owner shall notify the city with the dates of the sale. 3. The "boutique" shall not increase in floor area. Attachments: 1. Application and Location Map 2. Art. XXII. Div. 3. Home Occupation Ordinance 3. Section 20-1124 (2) (s) Parking Requirements for Retail Sales 4. Section 20-28 (b) (2) BOA Powers 5. 1952 Zoning Ordinance 6. 1972 Zoning Ordinance 7. Neighbor Letters 8. Property Owners List o:\plan\ck\boa\brown appeal.doc L AIIACHMI T1 . CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION JJ /� � /� I,, �.J /Vo/u/veAPPLICANT: RL C�, I/t,A./�Ue_ 8eNo/VOWNER: RV .!l fit'YU , p cub' „,), ADDRESS: ? (, () 6YC lt1S I/vue__ ADDRESS: -h36 a CM thid 'f & IX-e eV--S fc /I,c/ 67-3 i EA e,ekS t u Rd 3( TELEPHONE (Day time) biz- i I -11 Z C7 TELEPHONE:bp_— (47` -- / 7Z 0 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit _ Variance Non-conforming Use Permit _ Wetland Alteration Permit .� Planned Unit Development* 4 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, $400 Minor SUB) Subdivision' TOTAL FEE$ 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 LOCATION LEGAL DESCRIPTION • PRESENT ZONING REQUESTED ZONING . • PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION J I. REASON FOR THIS REQUEST f.; L-Q -- Tte..4.,J,j,L)-6././ /i 'fi- ,i 1--0 :OA (1.1 2f 'l o alttl-Iti-1 k' .Q, .-e 104, —G ( .2tit, )1'161 (i1 t G�t'I This application must be c4Fn feted in full and betypewritten or cleaprinted and must be accom a'nied byall information P P Y P and plans required by applicable City Ordinance provisions. Before filing this application, you should.confer with the �.'lanning 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 approval/permit is granted within 120 days with the Carver County Recorder's i ice and the o, .ginal document returned to City Hall Records. <P(U./k4 '' ilitii• -.//: l,--,'-- ,,--,L,c_ 7-.›.--*,---.-,--( -- lett , /0-0/9/ Signature of plicant Date Signature of Fee Owner / ^ Date I �,pplication Received on 10/�1 I le) Fee Paid (\ I� Receipt No. /,/-\s • 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. r t4 ZONING APPEAL EWASHTA 'TS PARK 0 0 �f o o N _O 8 O O p p O O M M fn M M N N • n N N N Lo.... o o o , N MAN R RD I ' y 011 : WOrOpPO V'ottlISF ...4 .; r. , ,,,,,,, 92E �F►I ,..., :riror . . .004 OE 1,4 kitikt .; el 40i � �: Orr-----7---7---------'- - Ilb ,,,t,I I •-• a �� . (at,,,,,tv.xyg.m.„.TA�� • . 41111 ig iti H -RM-A- � si, gid = , - ii.' sirtialgirsi4alroll Er ..., EN F/ELD . �1 l!IR N( a ( lir ., PARK 0. 7... - 111,1. \-____„__:,, -,..-_:-%,,\-----\\\ , sill" i - ''' Ili L AKE \� .:- r , iv 0 ,„ /' ;'' M/NNEWASHT tee' k vimpl' ,, c , 0 Q LUCY S H T A ( CO 1 REGIONAL i iii - - PARK al - - 1 L A K ._ % II iimi , __, , , jr „, ,,_LI ,.%.;,,, / i * 4 I i Q9 ,;/ JP ( I OJT sN ''ai* i: 41,te, j \ ,-/_ --- __ - r + 1 o� ..r / DRIVE i I c +I`\ uAHAGE SALE 368-0326 r°1"W Act ivy's Lawn&Lan lsca a Which makes it illeggaal to advedise P ? r; 10/1-2;8drti=4pm preference,limitation or discriminati any on Are Made t SNOW PLOWING' HH items exercise equipment, C ---7 q . b eonrace•Wor. �omrnercial Residential.,,,?.. religion, hand w ✓� t 'Lp leather i ms;�xejackets,misc . cap,familial status or national origin,or �'' r tiTiefl-,,(Iii''' CBfed 'gtltlf Snow Roof Removal an intent on,to make aTree Trimming 405 West 7th Ave., • ence,limtalron or nY such Prater- - Insured470-5801 DesignerWeddm Gown enie,li usiion,or inatio"�Fa- `a g ': •vd `''''Gars eSale Desig er:satin, pearls &,lace,' children under the ' -_. ..Walkin $ H D g • age of custodians,living with parents or 9 ike Trails Snow Plowing& `- "OurJunk is Your Treasure" size 6.Never worn.$550/BO. seringc custody fchilf11e^a�people . Near,Community•CeritE Sanding Come Look&Buy! 496-1998 9a+stodyotchikin?nunderl8: ' (1 $2 BR APartmer �mmerciaUResidentlal 1• 829 W.6th Street This newspaper will not knowingly ac- =iNO Pets FULL SERVICE Sat,Oct 3,9am-3pm •,Wedding Gown size 6/8,long.' a nviodatioono eyes flreadersdwellings rse - �4t•, ,• ~1 -- C 26° 4784 445-4347,•. . . `-"• Garage Sale) •:. veep$3 Oe 44531fr69 With slip/ hereby n uusnewsar an dwellings ad. �r New& used tools, toys,craft paperareavailable items,baby clothes&more! on an equal opportunity basis.To Pm- • • 10/1,Spm-8pm Firewood/places at aineoo ss�9";; '> �;° ;SPACIOUS' . 10/2,8am-8pmele-phonenumberlorthehear 1 BR From$685 10/3,8am-6pm is t-80a927.9275 2 BR From$685 • c ? 10th&Dakota Dry Hardwood Delivery 'Heat paid,laundry avail 'i(,ftt1�tg� - Huge Hennes Sale U Pickup&Save!! • able •quietbuilding,•large f.':�� £ _ Crafts & supplies, antiques, 447-6292 A {' apartments,,'great neiggh-x coliect!bles,tools,books, •fumi- Fireplace wood burning insert boys,•gvate t available.Call E•ual ay..rttmi Hoes lure,clothing,tons of misc. with fan. Excellent conditon. for a pnvate tour ), i� u��T 1-1/2milessouthof10thonCR O`�U�1�il�G 17,first house 1460ValleyView $600.937-0158 OffICe/COmmerClat. 448-6800•��Commercial Road - . r Residential _ • • Oct 1-2-3,8am-8pm FIrk M°ed Cedar Creek CHASKA Apartments ding ShovelingWill Deliver Office/shop/retail, 1,000 s.f., ! ~'.• ' Rummage Sale Tony,492-2241 available immediately. 445-0663 Oct.2-3,8am 175 Columbige Lane West Firewood,fullorfireplacecords. Ken Haasken 448-1861 FR 24 hr.Service FURNISHED ROOM >< Off Vieriing Jeff 829-8861 DOWNTOWN PRIOR LAKE/ OFFICE SPACE $130 Week $460 Month a jlng Savage Mixed Firewood 447-6040 Includes utilities Full/Partial Cord Brookside 445-3876 $65/Fireplace Cord Delivered For Lease: ha ope.part ilabe/WELDING 445-0546 industrial,Shakopee.Available Eden Prairie "e Stainless Steel Craft Boutique 10/1.$900/month.368-7025 CON. i Steel Aluminum q OAK ASH ELM MAPLE Certified TIG lum Fri,Oct 2,11am-7pm Dry,Split Firewood LIGHT INDUSTRIAL& APARTMENT SEARCH 4! Affordable! Sat,Oct 3,8am-6pm Delivered OFFICE Service FREE to renter 403-0313 Sun.Oct 4,noon-4pm 445-8078 New.1400-11,000 s.f.of space. 1,2&3 BR . • Country crafts,items for Seasonal Services AC,docks,and room for offices. Apartment&Townhomes Halloween,Thanksgiving Energy efficient.Located near No appointment necessary 126( and Christmas, SunsetRoofin & intersection169/41. Sales g (We'renexttoDOinEdenPrai- 1 m costumes,baby gifts. Fireplace Products Call Alan 445-3124 rie.) 14928 Credit View Drive Full&complete line of gas & p " SHAI wood fireplace units. Office Space:Prime Shakopee 941-9039 440-2782 iar •Sales&Installation• downtown location. Laurent naSSen Sales&2 Ken Daak Building.44o-6745 JOrdan Caryf n Carver Offcespace for lease:1400s.f: 3ti� Sale EiQCtronICS beautiful new building in Victoria. a BR apartment, utilities in- 2 BR Dc !1-3,9am-5pm 443-2994 eluded.$475/month.492-__ $850 mo 5 Pontiac Circle • Multi Family Pentium 300, 64 Meg Ram. OfficelRetail unattach, v off Kerber 4:30pm-7pm,Fri,10/2 $750.Call for more information. 2 office/retail areas available. PrlOr Lake 9am-4om,Sat.10/3 492-2117 downtown Shakopee,300s.for Bluff( ar signsg Sale 309 Main St.W. 400 s.f.Being built now,can be p 4-plex on cul- 2 BR ova '-2,8am-4pm Nice pictures, lots of nice la- 1 BRa artmentiniH,antiques,clothes dies fashions,misc. customized to yourneeds.Gary mode-sac. Available 11/1. posit. — MISC. For Sale Turtle,445-9668 month, plus security deposit. ridge Creek Trail 496-1792 Other Other Areas 21 interior oak doors, perfect Prime PoRRIOR LAKE j condition,assorted sizes Make 2100 s.f. building for lease or Available 11/1;2 BR apartment,g & offer.944-6171 cation $725/month includes 3 BR coun Old Red Barn sale.CornerofH 13&CR21 moACre! fireplace, For more o ires r Nen -ATE SALE Holiday&Harvest Sale 8'6'Western snowplow,newer & visible e highway Ave).Parking lot more! No pets. For more info Available 1 3,8am-6pm 2 BIG WEEKENDS style,great shape.$1500/BO. t visiI highway 13&down- 234 PPointmentcall Mary,445- ties,referen unshine Court 10/1-4&10/8-11,9am-5prn 953-327 p town location.p9.8s/s.f. triple 492-2220 ommunity Center 2630 Orchard Lane net. Cozy 1 BR or 2 BR apartment, (1 mile west of Excelsior or Craftsman lawn tractor, 14HP, 612-866-2939/612-866-8485 p 2 BR apan ring Sale Hwy.7,watch for signs) KohlerOHV,6 speed,42'deck, 702-838-0223. 1 stfloor olio,dishwasher,AC, 3,8am-6pm Antiques,folk art,crafts& excellent condition.$Bits. $500-$650/month-$350 secu- heat includ 1( Belle Avenue PRIOR LAKE:Downtown,851 ri d Available 1 c much more! • 443-2567 h'deposit.Marnie:440-9159 448-7733 Sale s.f., -main floor, retail/ office Lakeshore duplex onPriorLake, Desks, (3), executive $200; space,available 11/1. 2,gam- m 2 BR. Eno lake living. `ip v Secretary$100; Student$45, Ca11376-9744 Enjoy492 3 BR, all m 3 Kings Lane Dining room table, wood/ 4 2162 leave message • CRAFT BOUTIQUE chairs$125.Entertainmentcen- Prior Lake: bath,newer, 'ay Oct 3rd Saturday,Octoher3rdTower Hill Apartments Find A H mputer,cobrprint- ter$60.445-3002 New Office/Retail,HIGH V✓asher/Dryer each unit 100's morn ,bighouseplants, wpm Espresso machine, tables, TRAFFIC. l 010,000 Secure Building , new dishes, file as ,� JAMES chairs, new books, sofa, etc. ft.by US Bank&Norex. 8 miles Underground Burnsville 3n,Beanies. 403 9540 3 BR,applias more n eadow Lane [IITNFRAN Great rates! • 447-4283/44t)-4132 ment,garage BURMSYlUF Foley/ Delsaw model 1055 Ronn 651-430-0163 Find A He layOct-3 Foley/ all Verynice, quiet 2 BR, 2 bath 100's more 3650 Williams Dr., Sharp-all saw & tool grinder. Y 1 block south of h $550.894-5879 g "v'' with garage. Available 11/1. n opm mile west of wY13, 1Roommates $700.447-6984/440-9529. Heats cludec Dnl "� 5' NordicTrack Pro, Heatincludec fum!ture&misc Williams Dr. $350; 448-3 clr g & HH MUM CRAFTED R NordicTrac Ab Flex, $60; poi- 1 roommate share house •on Shakopee SharonN OUT EVERY rn table crib,$40.448-0012 Beres...Ct„, Q lake, non-smoking, own bath- , 1 BR Apartment Homes n_48-9958E,t� "-. 10r' Rainbow Play Systems.1500. 2 yrs. room.Scott 445-7811 Beautiful 1 bedrooms; newly Prairie "' --�-� old.$2500 new.gloss. 368-3857 emale.to�iare'3 BR horne, (emodNed,,,gorgeous„yiavrs.. -.Apaft Shakopee: References re- available rmmediately..,Mt1ST l Marketplace Riding Lawnmower,42'16 HP quested.Days:942-6113,leave SEE!496-2650 2 BRs Snapper rear engine rider. message. n�7 ti $1200/80. g 1 BR. Rom ATrA HM1r �. § 20-959 CHANHASSEN CITY CODE --� Sec. 20-959. Explosives. Any use requiring the storage, use or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from any R District line provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. No. 80,Art. VI, 1(6-1-9), 12-15-86) Sec. 20-960. Surface water management. All development shall comply with the city's surface water management plan dated February 1994, which is incorporated herein by this reference. (Ord. No. 227, § 1, 10-24-94) Secs. 20-961-20-975. Reserved. DIVISION 3. HOME OCCUPATIONS Sec. 20-976. Compliance. A home occupation may be established and conducted only in accordance with this division. (Ord. No. 80,Art. VI, § 8, 12-15-86) /Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25)percent of the floor area of one(1)floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. (Ord. No. 80,Art. VI, § 8(6-8-1), 12-15-86) Sec. 20-978. Occupations permitted. (a) The following home occupations are permitted: (1) Professional services such as architects, engineers, attorneys, office, real estate agents, insurance agents, and computer programmers, secretarial services, and manufacturer's representatives. (2) Dressmaking, sewing, and tailoring. (3) Painting, sculpturing or writing. • (4) Home crafts such as model making, rug weaving, lapidary work, pottery and cabinet making. (5) Tutoring services (e.g. piano teacher). Supp.No. 8 1238 ZONING § 20-979 (6) Contractors'yards/landscaping businesses are prohibited for home occupations. (Ord. No. 80,Art. VI, § 8(6-8-2), 12-15-86; Ord. No. 240, § 24, 7-24-95) Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. (Ord. No. 80,Art. VI, § 8(6-8-3), 12-15-86) Supp. No. 8 1238.1 ZONING § 20-1001 Sec. 20-980. Hours of operation. The hours of operation for any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. (Ord. No. 80, Art. VI, § 8(6-8-4), 12-15-86) Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty(220)volts single phase shall be used in the conduct of a home occupation. (Ord. No. 80,Art. VI, § 8(6-8-5), 12-15-86) Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three(3)parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. (Ord. No. 80, Art. VI, § 8(6-8-6), 12-15-86) Sec. 20-983.. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. (Ord. No. 80, Art. VI, § 8(6-8-7), 12-15-86) Sec. 20-984. Nonresident employee. Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. (Ord. No. 80, Art. VI, § 8(6-8-8), 12-15-86) Secs. 20-985-20-1000. Reserved. DIVISION 4. ANIMALS Sec. 20-1001. Keeping. The following animals may be kept in the city: (1) Household pets are an allowed use in all zoning districts. (2) Horses in the A-1, A-2, RR and RSF zoning districts in accordance with chapter 5, article III. (3) Farm animals are an allowed use on all farm property. Farm animals may not be �1 confined in a pen,feed lot or building within one hundred(100)feet of any residential dwelling not owned or leased by the farmer. 1239 Al TACHN1F_-Krt (sec. ao - Iia(-l- ( (s_)) ZONING § 20-1124 \--.. square feet, four (4) stalls per one thousand (1,000) square feet gross floor area; and buildings over one hundred thousand (100,000) square feet, three and one- half(3.5) stalls per one thousand (1,000) square feet gross floor area. o. Public service buildings, including municipal administrative buildings, commu- nity center,public library,museum,art galleries,and post office—One(1)parking space for each five hundred(500)square feet of floor area in the principal struc- ture, plus one (1)parking space for each four(4)seats within public assembly or meeting rooms. p. Recreational facilities, including golf course, country club, swimming club, rac- quet club, public swimming pool—Twenty (20)spaces, plus one (1)space for each five hundred (500) square feet of floor area in the principal structure or two (2) spaces per court. q. Research, experimental or testing stations—One (1) parking space for each five hundred (500) square feet of gross floor area within the building, whichever is greater. r. Restaurant, cafe, nightclub, tavern or bar: 1. Fast food—One (1) space per sixty (60) square feet of gross floor area. 2. Restaurant: (a) Without full liquor license—One (1) space per sixty (60) square feet of gross floor area or one (1) space per two and one-half(21/2) seats which- ever is greater. �— (b) With full liquor license—One (1) space per fifty (50) square feet of gross floor area or one (1) space per two (2) seats, whichever is greater. l.:/ Retail stores and service establishments—One (1) space for each two hundred (200) square feet of gross floor area. t. School, elementary(public, private or parochial)—One(1)parking space for each classroom or office room,plus one(1)space for each one hundred fifty(150)square feet of eating area including aisles,in any auditorium or gymnasium or cafeteria intended to be used as an auditorium. u. School,junior and senior high schools and colleges(public,private or parochial)— Four (4) parking spaces for each classroom or office room plus one (1) space for each one hundred fifty (150) square feet of seating area including aisles, in any auditorium or gymnasium or cafeteria intended to be used as an auditorium. v. Shopping center—On-site automobile parking shall be provided in a ratio of not less than one (1) parking space for each two hundred (200) square feet of gross floor area; separate on-site space shall be provided for loading and unloading. w. Storage, wholesale, or warehouse establishments—One (1) space for each one thousand(1,000)square feet of gross floor area up to ten thousand(10,000)square feet and one(1) additional space for each additional two thousand(2,000) square feet, plus one (1) space for each company vehicle operating from the premises. If it can be demonstrated by the applicant that the number of employees in the warehouse or storage area will require less than the required number of spaces, and if the applicant shall submit a letter to the city assuring that if there is to be Supp. No. 2 1250.3 �n7 �-t �n►T 4 § 20-28 CHANHASSEN CITY CODE —� Sec. 20-28. Board of adjustments and appeals. (a) There is created a board of adjustments and appeals which shall consist of three (3) regular members and one (1) alternate member all of whom shall be appointed by the city council.Three(3)members of the board shall constitute a quorum.The alternate member may vote only if a regular member is absent from the board meeting.The board shall serve without compensation. Its members shall serve a term of one (1) year beginning on the first day of January or until their successors are appointed.The board shall select one(1)of its members as chairperson and appoint a secretary who may, but need not, be one (1) of its members. (b) Pursuant to Minnesota Statutes section 462.357, subdivision 6. The board shall have the following powers: Supp.No.8 1158.10 ZONING § 20-29 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city employee in the administra- tion of this chapter. ✓ (2) To hear requests for variances from the provisions of this chapter which are not made in conjunction with platting, site plan review, conditional use or interim use permit. application. (Ord. No. 80, Art. III, § 1, 12-15-86; Ord. No. 131, § 1, 7-9-90) State law reference—Board of adjustment and appeals, M.S. § 462.354, subd. 2. Sec. 20.29. Board of adjustments variance and appeal procedures. (a) Form; fee. Appeals and applications for variances shall be filed with the zoning administrator on prescribed forms. A fee, as established by the city council,shall be paid upon the filing of an application. The board of adjustments and appeals may waive the application fee in unusual circumstances. (b) Hearing. Upon the filing of an appeal or application for variance, the zoning adminis- trator shall set a time and place for a hearing before the board of adjustments and appeals on such appeal or application, which hearing shall be held within thirty(30)days after the filing of said appeal or application. At the hearing the board shall hear such persons as wish to be heard,either in person or by attorney or agent.Notice of such hearing shall be mailed not less than ten (10)days before the date of hearing to the person who filed the appeal or application for variance, and,in the case of an application for variance,to each owner of property situated wholly or partially within five hundred (500) feet of the property to which the variance application relates. The names and addresses of such owners shall be determined by the zoning administrator from records provided by the applicant. (c) Decisions of the board. The board shall be empowered to decide appeals and grant variances only when the decision of the board is by a unanimous vote. A simple majority vote or split vote by the board shall serve only as a recommendation to the city council, who shall then make the final determination on the appeal or variance request within thirty (30) days after receipt of the board's action. The board shall act upon all appeals and variance requests within fifteen(15)days after the date of the close of the required hearing. (d) Appeal from decisions of board.A city council member,the applicant,or any aggrieved person may appeal such decision to the city council by filing an appeal with the zoning administrator within four (4) days after the date of the board's decision. (e) Council action. By majority vote, the city council may reverse, affirm or modify, wholly or partly, the decision appealed from the board, and to that end the city council shall have all the powers of the board. The council shall decide all appeals within thirty (30) days after the date of the required hearing thereon. (f) Action without decision. If no decision is transmitted by the board to the city council within sixty (60) days from the date an appeal or variance request is filed with the zoning Supp.No.3 1159 ATTAc-t fIIT 5 ZONING ORDINANCE TOWNSHIP OF CHANHASSEN, CARVER COUNTY, MINNESOTA Tho Board of Supervisors of Chanhas- Gasoline filling stations. dividual apartment. such violation, shall fall to comply with sun Township ordains as follows: Refreshment stands. NUN-CONFORMING USE: said order within ten days after such Zoning Ordinance Wayside hotels for overnight A building or the use of land that does service, or shall continue to violate any board and lodging. not conform with the use or other regu- provision of the regulations made under for the Restaurants and eating places. lalions provided In this resolution for the authority of this plan in the respect Tourists' automobile camps. in which It is situated. named in such order, shall be also sub- districtTOWNSIIIP OF CHANHASSEN Cabins. SIGN, ADVERTISING: lect to a civil penalty of not to exceed Lodges and homes. Any structure or device used for adver- One Hundred Dollars ($100.00). 10. Trailer camps by special per- (g) In interpreting and applying the CARVER. COUNTY, MINNESOTA tiring as defined herein: mit and conformance to existing reg- STORY: provisions of this plan they shall be held By authority of Section 365.10 of the ulations. That portion of a building included be- to be the minimum requirements for the laws of the State of Minnesota as amended 11. Any other retail bUainela or tweed the surface of ;my floor and the Promotion of the public safety, health, by the laws of 1949, and the vote having personal service which is similar in surface of the floor next above it, or If convenience, comfort, prosperity, and gen- been duly taken at the annual Town Board character to any other use permitted there be no fluor above it, then the space crai welfare. It Is not the intention of meeting, according to law, on March 13th, in this district. between such floor and the ceiling next this plan to Interfere with or abrogate or 1951, authorizing the Town Board of Sup- SECTION 0 above it annul any easements, covenants, or other ervisorslanni of said Township to adopt a INDUSTRIAL. DISTRICT. STORY HALF: agreement between parties; provided. planning and zoning regulation and res- In an Industrial District, all buildings A story under a gable, hip or gambrel however, that where this ordinance im- trJction in said Township. and land may be used for any lawful use roof, the wall plates oC which on at least Poses a greater restriction upon the use BE IT RESOLVED, By the Town Board provided, however, that no building shall two (2) opposite exterior walls are not of building or premises, or requires larger of Supervisors of Chanhassen Township, hereafter be erected, converted, or strut- more than three (3) feet above the floor open spaces than are Imposed or required Carver County, Minnesota, that a planning turally altered for any of tho following of such a story. by other ordinances, rules regulations, or and zoning commission, consisting of five uses, except Residence Class "A" or "13" STREET: permits, or by easements, covenants or (5) free-holders, be appointed by said unless the location and use shall have A public or private thoroughfare which agreements, the provisions of this plan Town Board of Supervisors, two (2) of been approved by the local Town Board. affords a primary means of access to shall govern• them to be appointed for one (1) year, 1. Acid manufacture. abutting property. (h) Upon the filing of a plat the Plan- and three (3) of them to be appointed for 2. Cement, lime, gypsum, or plas- STRUCTURE: ping Commission may, by a recorded vote two (2) years. Thereafter all newly ap- ter of Paris manufacture. Anything constructed or erected, the of two-thirds of its membership, recom- zotnted members of said planning and 4. stillation of bones. use of which requires more or less per- mend to the governing body of the nf- zoning commission shall act for two (2) Explosives or fireworks mane- immanent location on the ground or attach- fected unit the rezoning of the platted years, and vacancies stall be filled by facture or storage. ment to something having a permanent area, or a change in its classification 1 appointment of the Town Board. 5. Fat rendering. location on the ground. from that of a Farm Residence District Tho first zoning commission shall con- G. Fertilizer manufacturing. STRUCTURAL ALTERATION: to Residence District ':A". In case any sist of the following persons: M. A. 7. Garbage, offal, or dead animal Any change in the supporting members part of the proposed plat is to be used Davits, Wilmer Teich who shall serve for reduction or dumping, of a building such as bearing walls, col- for any one of classifications 3 to 6 in- one (1) year; John Marshall, Howard 8. Gas manufacture. umns, beams, or girders, floor or roof elusive the rezoning of that particular Mayhew and George Day who shall serve 9. Glue manufacture. Joists area must be done In accordance with for two (2) years, all of said five (5) per- 10. Petroleum refining. TOURIST AUTOMOBILE CAMP: the provisions of Paragraph ve" of this sons to form the zoning commission for 11. Stockyards or abattoirs. Ono or more detached or semi-detached section. the year beginning at the annual Town 12. Smelters, buildings containing guest rooms and/or (I) If any section, sub-section, sen- Board meeting for the year 1952. 13. Tanneries, apartments with automobile storage or tense, clause or phrase of this plan is for Any vacancies occuring In the zoning 14. Commercial kennels, parking space in connection therewith, any reason held to be un ronstitutlonal, commission during the term shall be fit- SECTION 7 Including grocery or general merchandise such decision shall not affect the validity led by appointment by the Town Board of No garbage disposal shall be establish- stores conducted in connection with such of the remaining portions of this plan. Supervisors for the unexpired term. ed in the Township of.Chanhassen, Car- camp.and designed'chiefly for the use and SECTION 13 The zoning commission shall elect its ver County, Minnesota, for the purpose convenience of the traveling public, and/ The entire Township of Chanhassen, own chairman and secretary and any of disposing garbage front outside of the or land*-used for camping purposes by Carver County, Minnesota, Is hereby des- other officer they deem necessary to pro- township, and no garbage, shall be haul- automobile transients, ignated to be a FARM RESIDENCE DIS- perly carry out their duties. ed into the township for the purpose of YARD: TRICT as described in Section 1 of this For the purpose of this plan the por- feeding to livestock or for any other pur- An open space on the same lot with a ordinance. tions of Chanhassen Township, Carver pose whatsoever, building, unoccupied and unobstructed .... Accepted March 3, 1952. ...� County, Minnesota, under the jurisdiction SECTION 8 from the ground upward except as other- FLORIAN VAN SLOUN of the Township board, Is hereby divided No billboards or signs shall be, erected wise provided herein. GEORGE KROENING into the following six (6) classes of use in any Residential District provided, how- YA RD, FRONT: JOHN P. KERBER districts. ever, that a sign not exceeding twelve A yard extending across the width of Sworn and subscribed to before me, this No. 1—Farm Residence Districts. (12) square feet, pertaining to the lease, the lot and measured front the front line 4th day of March, 1952. No. 2—Residence District "A". sale, construction, improvement of a of the lot to the nearest line of the WM. F. KLEIN No. 3—Residence District "B'. lot or building or for professional pur- building. Justice of the Peace No. 4—Residence District "C poses shall be permitted thereon. YARD, SIDE: (Town Cleric) No. 5—Business District. SECTION 0 A yard on each side of the building be- AMENDMENT 1 No. 6—Industrial on p District. SETBACKS AND YARDS. tween the building and the side line of It was moved that Section (1), of the No building any premises shalt 'd erected Unincorporated Areas on1 the lot and extending from the front yard Zoning Ordinance for the Township of oro used for purpose that'does not DISTRICTS: to the rear yard. Chanhassen be amended by adding to domply with the use regulation or the (1) FARM RESIDENCE a fterere Paragraph (1), the following: district in which said building, pre- For every building hereafter erect- RS TEI) 11 "and residence of district "B". so raises, is located. ede or structurallydeda altered of noto shall UNINCORPORATED AREAS ONLY that paragraph No. 1 of No. 1, will SECTION 1 be provided a front yard less ADMINISTRATION. FARM RESIDENCE DISTRICT. than Thirty (30) feet. (a) Except xis otherwise provided In read, any use permitted in the "A'. In a Farm Residence District no build- (2) RESIDENCE DISTRICTS "A". '4B'• this Section, the lawful use of any land residence district, and resident dis- log or land shall be used, and no building and "C", or building existing at the time of the trlct II". shall be erected, converted, or structurally For every building hereafter erect- adoption of this plan may be continued, Unanimously adopted. ed, or structurallyaltered, there shall although such use does not conform to AMENDMENT 2 altered, unless otherwise provided herein, Chanhassen, Minnesota usespt for one or more of the following be provided a front yard of not less a theistc.regulations specifiedichby this plan for December 27, 1952 than thirty (30) feet in depth and a the district. in which such land or building urea: side yard on each side of the build- Is located; provided, however, that no Meeting called to order by Wm. F'. 1. Any use permitted in the r A" lag of not less than five (5) feet in such non-conforming use of land shall Klein, Town Cleric, at hearing to desig- Re2.,idenco District. width. If at the time this resolution be enlarged or increased, nor shall any nate Section 34, 35 and 36, as industrial General farming u gardening. district. 3. ConttnerG' reenheuses and our- becomes effective, existing houses ront onge such non-conforming use he, extended to No opposing vote present so pets"on series. fifty per cent or more of the frontage Deer greater area of land than that 4. Stands I ale of agricultural of any block have a predominant occl Jµ by such use at the time of the was granted as read. products produ ed on the premises. front yard different front that herein :ado), Jt of this plan, nor shall any such Meeting adiourned. a, n„�rrncrnd ar_ specified, all buildings hereafter non-conforming use be moved to any other \Vhl. F. KLEIN. Town t-. c • - ,. ....... ........ ..n.,•... .a,.. , MEETING—SEPTEMBEIt _(I.1055 Idlions as outlined mope .,, this tegwalwn sus:ut not uu urturpru� rice of a building existing at the time of t�'tl v'• v� " 5. Stec raising and dufrytng• ed so as to require a front yard ofThirty-four (31), Thirty-five- (((35), and 6. Gol/]� urses. more than forty feet in depth, adoption of this Plan may be extended Thirty-six (36) of Chanhasse v. and 7. Ails cemeteries, and gun (3) BUSINESS DISTRICT: �uu) bout tho building, provided no Carver County, Minnesota [ mend- it clubs, a Ate of which shall require No building shall be placed closer nod li l alterations except those re- moot to the zoning ordinan f said it special permit to be issued by the than thirty feet front anyPia highway Uuired b5• ordinance, law, or other regu- Township accepted March 3, 1952, deslK- ocal governing body. property line, provided, however, that lateens are made therein. if such non-con- P S[all•!ON " In the case of gasoline filling sta- forming use consists of a substantial eating said numbered sections in said Hoes the gasoline pumps may be building and ceases for a continuous par- Township, Industrial District as defined In an RESIDENCE DISTRICT "A". in Section 6 of said zoning ordinance; and In an "A" Residence District no build- placed at a distance of not less than nod of one year, any subsequent Use of clue published notice having been given ing or land shall be used, and ne build twenty (20) feet from such Property said building shall be in conformity to the for hearingli or shall hereafter bre erected, converted, regulations specified by this plan for the upon said petition, and hear- er sided herein altered unless otherwise line.Side yards shall not be required for district in which such building is located; �ing having been held by the Town Board Provided herein except for one of the [01- any building except as follows: however, if nny non-conforming use of on September 26, 1955, pursuant to such lowing uses: 1. Dwelling', in which case this re- land on which there are no substantial notice. 1. t One family dwellings and their quirement shall be the same as that buildings ceases for any reasonable Now therefore, upon motion of John G. accessory buildings. in any residential district. length of time, any subsequent use of Marshall, seconded by John P.• Kerber, 2. Public parks. 2. Buildings or use of any prop- such land shall be in conformity to reg- said petition Is hereby granted and pur- 3. Churches and schools. erty which might he called roadside ulations specified by this plan for the scant to the authority invested in said 4. Gardening which shall not in- service such as gasoline filling sta- district in which such land is located. Town Board by Statute, said ordinance of elude stock raising, dairying, or the lions, refreshment stands, trailer (h) Any building which does not con- Chanhassen Township is hereby amended camps, cabins, etc; in these cases form to the use district in which it Is by adding thereto as Amendment 3, the keeping of hogs. SECTION 3 the minimum side yards shall he located shall not be rebuilt or recon- following: ✓ a RESIDENCE DISTRICT "B". twenty (20) feet. structed to Its former use and physical AMENDMENT NT 3 In a "B" Residence used, and no building Where a business district adjoins a dimensions if damaged 50% or more by Section Thirty-four (34), Thirty-five or land shall be er residence district there shall be Provided fire. wind, earthquake, or explosion ac- (35), and Thirty-six (36) are hereby shall hereafter heed erected, converted or along the boundary line a side Yard of at cording to the estimate of a professional designated as Industrial District as s[ructu lly altered unless otherwise Pro least five (5) feet. engineer and accepted by the local gov- defined in Section 6 of this ordinance. SECTION 10 erning body. vided herein, except for ono or more ofAnd bo it further resolved that the the following uses: (c) Public utility buildings to be used Town Board of Chanhassen Township, 1. Any use Permitted in the "A" DEFINITIONS.thpIso of this plan, certain for purposes of rendering service to the Pursuant to the authority of statute, does Residence District. words and terms aro defined as follows: community and not for warehouse Pur- hereby approve, confirm and adopt the 2. Two fancily dwellings. ;. Colleges, libraries, or community Words used in the present tense in- poses, or for the storage of bulky mater- zoning ordinance accepted Mnrch3, 1952, rats when the governing body of the as emended by amendment adopted Dec- member unit. in which located shall deem ember 27. 1952., end further amended by buildings, any one of which shall re- elude the future; words in the singular quire a special Permit to be issued by ITICIOde the and words in singular; 'hem to be clearly necessary for the pub- action of this Board this date which the local governing body tic convenience may be permitted in any amendment. has been designated as 4. Officest of professional persons "structure":,building" the Includes "shall..word district. Such variation from the district Amendment 3 of said Zoning Ordinance. the located in the dwelling. mandatory and not directory. regulation may be allowed for such build- Tito Town Clerk is hereby directed to eECTION 4 r ACCESSORY' USE: ing by such governing body as they deem file and Post said Zoning Ordinance, as R1?STDENCE DISTRICT C necessary. amended, as may be required by lavv. In a "C' Residence District no building A use customarily Incidental and ac- Unanimously adopted. or land shall be used and no building cessory to the principal use of a lot or OD No line change shall he made in the .Io N P. KERBi7R, Chairman shall hereafter be erected, converted, or of a building located upon the same lot. boundary line of the districts or in the TOTTN G. CERBER. C use regulation of any district except sftcr FLORIAN VAN SLOUN sh c d he e altered unless otherwise pro- AAnY writing, printing, a Public hearing and upon the two-thirds vide following except for one or more of emblem, drflr,iltcc, sign painting,00ther di device vote of the governing body of the mem- ATTEST: the following uses: WM. P. KLEIN 1. Any use permitted in the, "A" ng,goracnytitypo ofinpublcicityrorrlprops- Such tcgoverninglbody may,clorrrupot alrpet- Clerk. Town Roard or "11" Residence District. Chanhassen Township 2. Aantitilt to dwellings, betels, board- ranch,trees,whether Placed nn the ground,ther eater- property fifty owners cent by Oarrfeet' of the AMENDMENT 4 Mg and rooming houses, tourist alcobjects, ort'onshtnbuildinps, or g, signboard, property to The affected by the proposed \f, a meeting of the Board of Super- homes, lodging houses. 3. Public or private sanitariums. Pla)'ground n- orllsolhrr wall, man-made made structurepport, fence isocless thanstenxdayslate which or more titan thirty all not }cold s of the NovemberT11, 19i57, oft wasChanhassen, moved U. Tie or i•h1 Sadie I sti a ns. BOARDING, ROOMING. OR LODGING clays away for a hearing upon the subject and duly seconded that the Zoning Ordi- ninethr of car which requireula any of such chnngc. Notice of such meeting mince of the Township of Chanhassen, one of which shall a special HOUSE: and proposed change shall he posted In Carver County, Minnesota be amended Permit to be issued by the local gov- A buildinggormealsl than a hotel where erring body. lodging or for five (5) or more at least three conspicuous public places to read as follows: SECTION 5 . persons is or aro provided for compen- in the member unit. At the time and place Amend Section 8 by adding thereto the sat.ton. fixed in the published notice the govern- following paragraph: lit BUSINESS DISTRICT. ing body shall hear all objections and re- "(a) Except as otherwise proposed Id a Business District,n no building r A ILDING:structure land shall e used, and no building shall l structure having a roof supported by commendations suppllement, changeto such or repealtofethe bilend- in hls trailer,Iglousseance, no trailer,automo- hereafter hereafter be erected,nleconverted,otherwise or wide- columns or walls. hterein., altered, unless other moo provided the DWELLING, ONE FAMILY; TWO existinge t provision. coach or duty of the govern- occupied as laedwemngi>all be used or hero except for one or more of the FAMILY:eta following uses: A detached building designated for or ing body to see that the provisions of Amend Section 10 by adding at the end, 1. Any use permitted In residence occupied by not more than one or two this plan are enforced through the Proper the following definition: families respectively. legal channels, but they may delegate "AUTOMOBILE TRAILER; vehicle des. Anyt. the duty of administering it to any em- with or without motive power or de- l. ceretail business rore personal FAMILY:nt' number of indlvlc7uals living to- Ployee as they' may deem proper. Any per- signed to be drawn by a motor vehicle locality, including the making of ar- gether as a single housekeeping unit. s ,n tlibje Sting toot the rulingu tgo an offs official al or other power onand for the car to be rying for titles to sold atm retail sonu the pre- GARAGE, PUBLIC:than to the ultimate consumer, pro- A garage other than a private garage, this law shall have the right to appeal to of persons or property including a Added such use is not noxious or of- used for the housing or care of motor the governing body at any regular meet- smiler coac See h ornl0ouse t to railer." fenslve by reason of the emission of vehicles, or when, such vehicles are ing. dust, odor, smoke, gas, fumes, noise, fouip nednforriooperation e ati nor repairs, or kept (fise.4)in fe or upon which o buildin ion ofre- FAMILY: or ONE-FAMILY, TWO- orvOration. provision of these regulations has been "A detached building designated 3. Office buildings, banks, fire siteta- HIGHWAY:eat Y: exist; or the lessee of seek, commercial greenhouses, ice lines ieof evtery way sor between of whatever entire betiding orentire premises in or errtwo families respectively; a or ()reveled be not more n auto- 4. stations. .,c.., eebee then an alley when any upon which violation has been committed mobile trailer, house trailer or trailer Amusement Parks, assembly halls, nart.rthereof is open to the use of the or shall exist; or the owner, lessee of any coach or trailer camp shall net be auditoriums, theaters. public. as a matter of right, for purposes oart of the building or premise in or up- included within the meaning of the 5: Advertising eigns• of vehicular traffic. non which such violation has been corn- term 'dwelling'." 7. Public garages. milted or shall exist, shall be guilty of a Unanimously approved. 7. Automobile parking lots. Not AH build: used as junk yards or for automobile temporaryngabidingseplace liofmore individuals more misdemeanor th n Ono Hundred Dollars fine (5100.00) TORN G. MAII5HALLChairman wrecking Vote who are lodged with or without meals for for each and every day that such viola- FFLORIAN VAN SLOUN 9. terinary hospitals. 9. Pursuits and services custom- compensation and In which there are teen continues. Any such person, who ATTEST: drily required and used by travelers more than ten (10) sleeping rooms us- having been served with an order to re- Si. TT. TETCH onMg the highway', Including the follow- provision occupied madesingly, for cooking in which In- comply with such an violation, to Sremoveall fall any Chanhassen Town Townstip ing and mine other: ---,,, ..-=.•...:-= -...'645.--,..,...fr..„7"71-v";"'5,'°',,-o.;....,,, ,, ,-7.41.12U- ''':Yi"..:::.7:,,,,,,,",-:;!,,,,t..-.-4,-;,.-T-4,73",.." ":,,iy-11`,.:"'",---',-",,".'3/771,‘„,,,, ' - .. ' '''''' --. 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");:lii '• Li NO. 41Mill 144...4 tify;5/ 4ill,11#1;1444 1 11.4,41.•'. .;:,, , 1 ' ‘, V\ . ZONING ORDINANCE ..-;,!tili,.:?,411tililtir,,iitit.,._;iiiiiii.j.;:lit2i..;Tiffitil.; .:1,,.t;),,,.:.7.1.yi.i,,. ,,‘-1 ADOPTED FEBRUARY 8, 197; -Ill 4.1,1144;0 • f fj., 49..' 1,1. .t;#1 ,,,.• '.1-Ili; rk.,1-1.- .1. ,, . ,..,,,, I I , 4 :' 1'). -'41:1t,- li-.11.; i 141101111 4P if Ili..., /, ; ....: :I.,/ 1 it ? .. ,..r.;;:•i: 1.'1• 1 b.;'1,ty;14,1 1., ..1,'4:1,-T;i i.,:,',4,j111%,it-3 1' i: ..v. ,'.., 1 , :,, if i -140.9.1,kilt-.1V.,zii.litioiltil il 4.-, If!:i Ili.* •-/_. ,. -1,,Iri• !.44,I l',1.'1,0'.,i ti:.t.-',i,t'll'i!;:t l',;.f,.:3:•,.,!fillt,i3f 0113";f:r4:,111,illf '''.1t.,1-,,'/' rki.k. tilt! 4 $14,1111 t$At%ilt.,,,,,k,.1:,:.141:t rj#1;,:;,.!f!,.1-.'1'"Elt.*••1/6,pill?,'. 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Y..-.' •. • . .' . . .,. _ - -• -..- .. .. , VILLAGE OF CHANHASSEN BUILDING HEIGHT: Building height is the vertical distance from the curb lev- el.or its equivalent.opposite the center of the front of the building to the highest point of the roof in the case of a flat roof: to the deck line of a mansard roof: and to ORDINANCE NO.47 "parcel" and "tract": the word "shall" the mean level of the underside of the raf- . AN ORDINANCE TO PROMOTE THE is mandatory: and the word "may" is ters between the eaves and the ridge of a HEALTH,SAFETY,ORDER, CONVEN- discretionary. gable. hip. or gambrel roof. If one side of ' IENCE AND GENERAL WELFARE BY 4.02 Definitions. For the purposes of the street. between intersecting streets. REGULATING THE USE OF LAND, this ordinance. certain terms and words is partially built up with buildings at the THE LOCATION AND THE USE OF are defined as follows: time of the adoption of this ordinance,the BUILDINGS AND THE ARRANGE- ACCESSORY USE OR STRUCTURE: height of building may be measured from MENT THEREOF ON LOTS, AND THE An accessory use or structure is a use or the elevation of ground at the center of DENSITY OF POPULATION IN THE structure subordinate to and serving the the front of the next adjoining building if VILLAGE OF CHANHASSEN. MINNE- principal use or structure on the same lot there are buildings on one side only or the SOTA. and clearly and customarily incidental average of the elevation of ground at the THE COUNCIL OF THE VILLAGE OF thereto. center of the front of the adjacent build- CHANHASSEN ORDAINS: AGRICULTURE: Agriculture is the ings on each side. On through lots or cor- SECTION 1. PURPOSES AND INTENT. cultivation of the soil and all activities ner lots. height of building shall be mea- This ordinance is enacted for the pur- incident thereto. Said term shall not in- sured from the lowest curb or ground lev- pose of promoting the health, safety. or- elude the raising and feeding of hogs by el as established above. der. convenience and general welfare of feeding garbage thereto. the raising of BUILDING, PRINCIPAL: A principal the residents of the Village by regulating fur-bearing animals. nor the operation of building is a non-accessory building in the use of land. the location and use of riding academies. commercial stables or which a primary use of the lot on which it buildings and the arrangement thereof on kennels. is located is conducted. lots, by controlling the density of popula- ALTERATION: Alteration is any BUILDING, RESIDENTIAL: A resi- tion and by avoiding environmental pollu- change in size. shape.character.or use of dential building is a building which is ar- tion. a building or structure. ranged. designed. used or intended to be SECTION 2. TITLE. APARTMENT: Apartment is a room used for residential occupancy by one or This ordinance shall be known and may or suite of rooms in a multiple dwelling more families. and which includes. but is be cited and referred to as the "Chanhas- structure which is arranged. designed. not limited to.the following types: sen Zoning Ordinance." used or intended to be used as a dwelling 1. Single family dwellings. SECTION 3. SCOPE AND INTER- unit for a single family. 2. Two family dwellings. PRETATION. AUTOMOBILE SERVICE STATION: 3. Multiple family dwellings. 3.01 Scope. From the effective date of Automobile service service station is a 4. Townhouses. this ordinance. the use of all land and ev- retail place of business engaged primari- CAR PORT: A car port is a roofed au- ery building erected. altered.enlarged or ly in the sale of motor vehicle fuels. but tomobile shelter opened on at least two relocated. and every use within a build- also may be engaged in supplying goods sides. usually formed by extension of the ing, or use accessory thereto. in the VII- and services generally required in the roof from the side of a building. lage shall be in conformity with the provi- operation and maintenance of motor vehi- CHURCH: A church is a building for sions of this ordinance. cies. These may include sale of petroleum public worship.and includes a synagogue. 3.0'2 Non-Conforming Use. Any exist- products. sale and servicing of tires. bat- CLINIC: A clinic is a building in which ing use of land or any existing building not ypries. automotive accessories. and re- a group of physicians. dentists. or physi- in conformity with the regulations ore- placement items.washing and lubrication cians and dentists and allied professional scribed herein shall be regarded as a non- services, and the performance of minor assistants are associated for carrying on conforming use. and shall be subject to automotive,naintenance and repair. their profession. The clinic may include a the regulations prescribed herein govern- BASEMENT: Basement is a portion of dental or medical laboratory. but shall ing non-conforming uses. a building located partially underground. not include in-patient care or operating 3.03 Interpretation. This ordinance but having half or less than its floor to rooms for major surgery. shall be held to establish minimum stand- ceiling height below the average grade of CLUB OR LODGE. PRIVATE: A pri- ards for the promotion of the public the adjoining ground. A basement shall be vate club or lodge is a non-profit associa- health. safety. comfort. convenience and counted as a story. except that a base- tion of persons who are bona fide mem- general welfare. Where the provisions of ment the ceiling of which does not extend bers paying annual dues. which owns. this ordinance impose greater restric- more than 5 feet above the curb level or hires. or leases the building or a portion tions than those of any statute.other ordi- above the highest level of the adjoining thereof. the use of such premises being nance or regulation, the provisions of this ground shall not be counted as a story. restricted to members and their guests. ordinance shall be controlling. Where the BOARD: Board is the Board of Adjust- The affairs and management of such pri- .provisions of any statute.other ordinance ments and Appeals of the Village of Chan- vate clubs or lodges shall be conducted by or regulation impose greater restrictions hassen. a board of directors. an executive com- than this ordinance. the provisions of such BUILDING: Building is any structure mittee. or a similar body chosen by the statute. other ordinance or regulation built for the support. shelter.or enclosure members. It shall be permissible to serve shall be controlling. of persons. animals or personal property food and meals on such premises. provid- The standards established by this ordi- of any kind and which is permanently af- ed adequate facilities are available. nance are not intended to repeal. abro- fixed to the land. and which building pro- Where properly licensed under Village gate. annul or impair private agreements vides a permanent protection against the ordinances. the consumption of alcoholic or restrictive covenants which are equal elements. or non-alcoholic malt beverages by the to or more restrictive than the standards BUILDING, COMPLETELY EN- members of such club or lodge. or their hereby established. except that the most CLOSED'. A completely enclosed building guests.shall be permitted. restrictive shall apply is a building separated on all sides from CONFORMING BUILDING OR SECTION 4. RULES AND DEFINI- the adjacent open space or from other STRUCTURE: A conforming building or TIONS. buildings or structures. by a permanent structure is any building or structure 4.01 Rules. For the purposes of this roof and by exterior walls or party walls. which complies with all the regulations of ordinance. words used in the singular pierced only by windows and normal en- this ordinance or any amendment thereto shall include the plural.and the plural the trance and exit doors. governing the zoning district in which singular. the word -building" shall in- BUILDING. DETACHED: A detached such building or structure is located. elude the word "structure": the word building is a building surrounded by an CONVALESCENT, NURSING AND "lot ' shall include the words "plot". open space on the same lot REST HOME: A convalescent home. a L.- 3 . nursing home. or a rest home is a home children and bona fide domestic servants through an inside lobby or office super- for aged, chronically ill. or convalescent employed on a full time basis by the fami- vised by a person in charge. persons in which two or more persons not ly in the dwelling unit,living together as a JUNK YARD: Junk yard means an of the immediate family are received, single housekeeping unit in a dwelling area where used. waste, discarded or sal- kept or provided with food, shelter and unit. care for compensation, but not including FENCE: A fence is a structure provid- vaged materials e are bought. sold, ed- hospitals, clinics or similar institutions ing enclosure but not protection against disassembled or handled. inc udid. bed. cleaned. ngkbut devoted primarily to the diagnosis and the elements. not limited to scra irn andtreatment of disease or injury, maternity FENCE. SOLID: A •solid fence is a als. paper. rags, rubber products.ebottl s cases,or mental illness. fence which provides a visual barrier and lumber. A junk yard includes an auto- COUNCIL: Council is the Village Coun- between adjacent property and the area mobile wrecking or dismantling yard.but cil of the Village of Chanhassen. enclosed. CURB LEVEL: The curb level for any FINANCIAL INSTITUTION: A finan- does not include uses permittedamanuf in con- CURB is the level of the established cial institution is a commercial bankingprocess junction whenh a n manufacturing curb in front of such building measured at establishment or savings and loan asso- building. within an enclosed area or the center of such front. Where no curb ciation chartered by the State of Minneso- LGADING SPACE: Loading space is elevation has been established, the Vil- to or the United States. lage Engineer shall establish such curb purpose o e of af ai lot or unloading no serve es elevation. When a building has frontage FOSTER CHILD: A foster child isand of vehic of loading unloading all types on more than one street. the lowest curb placed in a private home for care and of vehicles. level as determined abovee shall apply. maintenance by a parent. guardian, or a LOT: A lot is a zoning lot,except as the DISTRICT: A distict is a duly accredited and established public or context shall indicate a lot of record in portion of the private welfare agency. which case a lot is a lot of record. corporate area of the Village within FREIGHT TERMINAL: A building or LOT OF RECORD: A lot of record is a which certain uniform regulations and area in which freight is transferred or lot which is part of a subdivision. the plat requirements, or various combinations stored for movement in intrastate or in- of which has been recorded in the office of thereof,apply under the provisions of this terstate commerce. the Register of Deeds or Registrar of Ti- GARAGE, PRIVATE: A private ga- tles: or a parcel of land,the deed to which DRIVE-IN ESTABLISHMENT: An rage is a detached accessory building or was recorded in the office of the Register establishment of the drive-in type is one portion of the principal building, includ- of Deeds or Registrar of Titles prior to which accommodates the patrons' auto- ing a car port. which is used primarily for the adoption of this ordinance. mobiles• from which the occupants may storing passenger vehicles. receive a service or obtain a product LOT, CORNER: Aa do corner twot is a lot which may be used or consume in the GARAGE, PUBLIC: .A public garage is situated at the intersection of streets. vehicle on the same premises. a building used for the storage or care of LOT, THROUGH: A through lot is a lot power driven vehicles, or where such ye- having a pair of opposite lot lines along DWELLING: A dwelling is a building hicles are equipped for operation, repair. two more or less parallel public streets. or portion thereof designed or used exclu- or kept for storage.hire or sale. On a through lot both street lines shall be sively for human habitation, including GRADE: Grade is an average level of deemed front lot lines. single family, two family, multiple fami- the finished surface of theground adja- and townhouse dwellings. but not in- LOT, ZONING: , zoning the lot isa filing eluding hotels or motels. cent to the exterior walls of the building tract of land which, at the time of filing DWELLING, ATTACHED: An at- or structure. for a building permit, is designated by its GREENHOUSE: A greenhouse is a owner or developer as a tract to be used. -- -. tached dwelling is one which is joined to structure used for the cultivation or pro- developed or built upon as a unit under another dwelling or building at one or tection of flowers,vegetables and nursery single ownership or control. A zoning lot more sides by a party wall or walls. stork. or lots may or may not coincide with a lot DWELLING, DETACHED: A detached HOME OCCUPATION: Home occupa- of record. dwelling is one which is entirely sur- ion is any occupation or profession car- LOT AREA: Lot area is the area of a rounded by open space on the same lot. vied on by a member of the immediate horizontal' plane bounded by the front. DWELLING UNIT: A dwelling unit family residing on the premises in side. and rear lot lines. but not including consists of one or more rooms which are connection with which there is no display any area occupied by the waters of a duly arranged, designed, or used exclusively that will indicate from the exterior that recorded lake or river. as living quarters for one family only. the building is being utilized in whole or in LOT DEPTH: Lot depth is the average Complete single kitchen facilities and in- part for any purpose other than that of a horizontal distance between the front lot dividual bathrooms, permanently in- dwelling. There shall be no commodities line and the rear lot line of a lot measured stalled. shall always be included with sold upon the premises and no person within the lot boundaries. each dwelling unit. employed therein other than a member of LOT WIDTH: Lot width is the mini- DWELLING, SINGLE FAMILY: A the immediate family residing on the mum horizontal distance between the side single family dwelling is a building de- premises or domestic servants: and no lot lines of a lot measured at the required signed for or occupied exclusively by one mechanical or electrical equipment shall front yard set-back line. The front lot line family and containing one dwelling unit be used except such as is normally used shall be-that boundary of a lot which is only for purely domestic or professional pur- aloe g anDWELLING, TWO FAMILY: A two poses. No accessory building shall be used street. .A corners ng lot where interior lotsblic family dwelling is a building designed for for such home occupation. Clinics, hospi- record exist on both of the intersecting or occupied exclusively by two families tals. barbershops, beauty parlors and streets shall provide for a front yard on and containing two dwelling units only. animal hospitals are not home occupa- both street frontages. DWELLING, MULTIPLE FAMILY: A tions. LINmultiple family dwelling is a building de- HOSPITAL: An institution providing th tOT boun ary of lot whichREAR:Thea slmosst diis s- signed for or occupied by more than three persons with intensive medical or surgi- tant from and is. or is most nearly. paral- families and containing three or more cal care and devoted primarily to the di- lel to the front lot line. dwelling units. but not including a motel agnosis and treatment of disease or inju- LOT LINE SIDE: The side lot line is or hotel. ry. maternity cases.or mental illness. any bEFFICIENCY UNIT: An efficiency HOTEL: Hotel is a building containing line or an earyloof a t line lot which is not a front unit is a dwelling unit consisting of one 12 or more guest rooms in which lodging MOTEL, MOTOR COURT, MOTOR principal room, exclusive of bathroom. is provided with or without meals for HOTEL: A motel. motor court or motor- kitchen. hallway. closets or dining alcove compensation and which is open to tran- hotel is an establishment consisting of a directly oft the principal room. sient or permanent guests or both. and grouor detached living or FAMILY: family is an individual or where no provision is made for cooking in sleepingfaccomhmodations with bathroom. two or more persons related by blood. any guest room. and which ingress and located on a single zoning lot and designed marriage. or adoption. including foster egress to and from all rooms is made for use by transient automobile tourists. 4 portion of such lot shall extend beyond operated for commercial purposes. ence of the residents of the permitted the fifty (50) foot limitation. the dis- 5. Cemeteries use. trict boundary line shall prevail. Ap- 6. Commercial radio and television trans- 3. Rental of rooms for occupancy by not peals from the Zoning Administrator's mission stations. more than two persons per dwelling determination and questions of doubt 7. Living quarters for persons employed unit, except that no separate dwelling concerning the exact location of dis- on the premises of the permitted use. unit shall be allowed and that one off- trict boundary lines shall be heard by 8. Greenhouses, tool houses and similar street parking space per tenant shall be the Board of Adjustments and Appeals. structures accessory to a private resi- provided. 5.04 Compliance. Except as may oth- dential use. 7.04 Uses by Conditional Use Permit. erwise be provided in Section 20, Non- 6.05 Height, Yard, Area, and Lot Within an R-1 Residence District, the fol- Conforming Uses, all buildings:or struc- Width and Depth Regulations. lowing uses may be allowed but only upon tures erected hereafter, all uses of land. 1. Height Regulations: the securing of a Conditional Use Permit: buildings or structures established here- a. No single family dwelling shall 1. Parks and recreational areas owned after, all structural alteration or reloca- exceed two and one-half (2-1 2)stories. and operated by governmental units tion of existing buildings or structures b. All other structures shall not ex- and recreational areas operated by res- occurring hereafter, and all enlarge- ceed twenty-five (25) feet in height, idential neighborhood associations. ments of or additions to existing build- except when accessory to an agricul- 2. Non-profit schools having a regular ings. structures or uses occurring hereaf- tural principal use. course of study accredited by the State ter shall comply with all regulations of 2. Front Yard Regulations: of Minnesota. this ordinance which are applicable to the a. There shall be a front yard having 3. Government owned and operated civic zoning district in which such building. a depth of not less than fifty 150(feet. and cultural institutions including, but structure,use or land shall be located. 3. Side Yard Regulations: not limited to, administrative offices, SECTION 6. R-lA AGRICULTURAL a. There shall be a side yard on one libraries, public safety buildings, and RESIDENCE DISTRICT. side having a depth of not less than one places of assembly. 6.01 Purpose. The R-1A Agricultural hundred (100( feet, and a side yard on 4. Golf courses, but not including driving Residence District is intended to provide the other side having a depth of not less tees, ranges, or miniature golf courses a distric' Ahich will allow extensive than ten (10(feet. operated for commercial purposes. areas of ti.e Village to be retained in a 4. Rear Yard Regulations: 5. Churches. lower population density in advance of the a. There shall be a rear yard having 6. Living quarters for persons employed need for these lands for extensive urban a depth of not less than fifty(50)feet. on the premises of the permitted use. purposes and to prevent the occurrence of 5. Lot Area Regulations: 7. Greenhouses, tool houses and similar premature scattered urban development. a. Every lot or tract of land on which structures accessory to a private resi- which would be uneconomical from the a single family dwelling is erected shall dential use. standpoint of municipal services, utilities contain an area of not less than two and 8. Amateur radio transmission antennas. and schools. one-half (2-1 21 acres, which shall ad- 7.05 Height, Yard, Area and Lot Width 6.02 Permitted Uses. Within an R-1A join a public road or a village street. and Depth Regulations. Agricultural District, no building or land 6. Lot Width and Depth Regulations: 1. Height Regulations: shall be used except for one or more of a. No single family dwelling shall the following uses: a. Every lot or tract of land on which exceed two and one-half (2-1 2)stories. 1. Single family dwellings, a single family dwelling is erected shall 2. Front Yard Regulations: `- 2. Agriculture. Any enclosure, stable, or have a depth not greater than two times a. There shall be a front yard having other building in which farm animals, the width. a depth of not less than thirty (30(feet. including bees. are kept shall be a dis- 6.06 Parking. 3. Side Yard Regulations: tance of not less than 100 feet from any 1. Not less than two (2( automobile park- a. There shall be a side yard having a other lot in a Residential District. ing spaces shall be provided on the site depth of not less than ten (10(feet. 6.03 Accessory Uses. Within an R-1A occupied by the permitted use. Ade- 4. Rear Yard Regulations: Agricultural District. the following uses quate space shall be reserved on the a. There shall be a rear yard having shall be allowed as accessory to the per- site to allow for the construction of a a depth of not less than thirty (30( feet milted use: two car garage. from the dwelling to the rear property 1. Private garages. 6.07 General Regulations. line. 2. Privately owned swimming pools and 1. Additional regulations in the R-1A Ag- b. There shall be a rear yard having tennis courts for the use and conveni- ricultural District are set forth in Sec- a depth of not less than ten (10( feet ence of the residents of the permitted tion 19. from any detached accessory use struc- use. 6.08 Boundaries of the R-LA Agricultur- ture to the rear property line. 3. Structures accessory to an agricultural al District. 5. Lot Area Regulations: permitted use. 1. The boundaries of the R-1A Agricultur- a. In areas served by public water 4. Stands for agricultural products pro- al District shall include the following and sanitary sewer systems every lot duced on the premises by the owner. described tracts and parcels of land: or tract of land on which a single family 6.04 Uses by Conditional Use Permit. SECTION 7. R-1 SINGLE FAMILY dwelling is erected shall contain an Within an R-1 A Agricultural District, the RESIDENCE DISTRICT. area of not less than 15,000 square feet, following uses may be allowed but only 7.01 Purpose. The R-1 Single Family except that in platted areas served by upon the securing of a Conditional Use Residence District is intended to provide said water and sanitary sewer systems Permit: a district which will allow residential the minimum lot size shall be gover- 1. Parks and recreational areas owned development in those areas where such ened by the provisions of Section and operated by governmental units development fits the Village land use 8.06(a)(I) of the Subdivision Ordinance and residential neighborhood associa- plan. of the Village of Chanhassen. tions. 7.02 Permitted Uses. Within an R-1 6. Lot Width and Depth Regulations: 2. Non-profit schools, including colleges, Residence District, no building or land a. Every lot or tract of land on which having a regular course of study ac- shall be used except for the following use: a singlen a f roily h d e 1ingsist erected ct90 eshetalt l credited by the State of Minnesota. 1. Single family dwellings. 3. Government owned and operated civic 7.03 Accessory Uses. Within an R-1 the building set back line. and cultural institutions including, but Residence District, the following uses 7.06 Parking. not limited to, administrative offices, shall be allowed as accessory to the Per- 1. Not less than two (2) automobile Park- libraries, public safety buildings, and mitted Use: ing spaces shall be provided on the site places of assembly. 1. Private garages. occupied by the permitted use. Ade- 4. tees,Golf ranges,orut mi(n miniot ature golf including driving 2. tennis Privatcou is for the use owned iand conveni-ools sitete tosallow forace ll theeconstrucd on tion of he 6 two car garage. 1.Height Regulations: The Council may attach such conditions 7.07 General Regulations. a. No structure in the R-2 and R-3 and guarantees to any such permit as it 1. Additional regulations in the R-1 RESI Multiple Residence Districts shall ex- deems necessary to insure compliance DENCE DISTRICT are set forth in Sec ceed 30 feet in height as measured from with the provisions of this ordinance. tion 19. the average grade of the surrounding 2. Design Responsibility: --� 7.08 Boundaries of the R-1 Residence lot area. a. A building permit for a multiple District. The boundaries of the R-1 Resi- 2. Front Yard Regulations: residence building containing more dence District shall include the following a. There shall be a front yard having than 12 dwelling units, or buildings ac- described tracts and parcels of land: a depth of not less than twenty-five(25) cessory thereto, shall not be issued un- SECTION 8. R-2, R-3 AND R-4 MULTI- feet, except that a lot located at the in- less the applicant's building plans, in- PLE RESIDENCE DISTRICTS. tersection of two or more streets shall eluding the site plan,are certified by an 8.01 Purpose. The Multiple Residence have a front yard depth on each street architect registered in the State of Districts are intended to provide districts side ofnot less than twenty-five (25) Minnesota, stating that the design of which will allow multiple dwelling devel- feet in R-2 and R-3 Multiple Residence the building and site has been prepared opment, including double family dwell- Districts and thirty 130) feet in R-4 under his direct supervision. Any build- ings, apartments and townhouses, in Multiple residence Districts. ing of Type I or Type II construction,as those areas where such development fits 3. Side Yard Regulations: provided in the Uniform Building Code the Village land use plan and where mu- a. Each building not in excess of thir- incorporated by reference by Ordi- nicipal sanitary sewer and water services ty (30) feet in height shall have a side nance No. 23, shall have its electrical, are immediately available. The Multiple yard having a depth of not less than mechanical and structural systems Residence Districts are designated as R- twenty-five(25)feet. designed by engineers registered in the 2. R-3 and R-4 Districts. b. Each building in excess of thirty State of Minnesota. Provisions of this 8.02 Permitted Uses. (30)feet in height shall have a side yard paragraph shall not prohibit the prepa- 1. Within an R-2 District, no building or having a depth of not less than twenty- ration of the site plan by a professional land shall be used except for the follow- five (251 feet plus one i 1 i foot of side site planner. ing uses: yard depth for every foot in height in 3. Type of Construction: a. Single family dwellings containing excess of thirty (30)feet. a. Any building more than three sto- not more than one residential unit. 4. Rear Yard Regulations: ries in height shall be of Type I or Type b.Two i2+family dwellings. a. Each building not in excess of thir- II construction as set forth in said Uni- 2. Within an R-3 District, no building or ty (30) feet in height shall have a rear form Building Code. land shall be used except for the follow- yard having a depth of not less than 4. Floor Area: ing uses: twenty-five (25)feet. a. The minimum floor area per a. Multiple dwellings containing not b. Each building in excess of thirty dwelling unit shall be as follows: less than two (2) nor more than twelve (301 feet in height shall have a rear Efficiency dwelling unit: 400 net square 12)dwelling units. yard having a depth of not less than feet b.Townhouses. twenty-five i25 i feet plus one I i foot of One bedroom dwelling unit: 700 net 3. Within an R-4 District, no building or rear yard depth for every foot in height square feet land shall be used except for the follow- in excess of thirty (30)feet. Two bedroom dwelling unit: 900 net ing uses: 5. Lot Area Regulations: square feet a. Multiple dwellings containing not a. The minimum number of square b. Dwelling units containing three or less than twelve i 12 i dwelling units. feet d total lot area, adjusted by the more bedrooms shall have an addition- 8.03 Accessory Uses. Within an R-2, allowances permitted or imposed here- al 150 net square feet of floor area for R-3 and R-4 Multiple Residence District, under,shall be as follows: each bedroom in excess of two. the following uses shall be allowed as (l) R-2 District- 15,000 square feet, or c. For purposes of measurement, the accessory to the Permitted Use: 3,500 square feet per dwelling unit, net floor area of a dwelling unit shall 1. Subordinate uses which are clearly and whichever is most restrictive. mean that area within a building used customarily accessory to the permitted i2 i R-3 District- 18,000 square feet, or as a single dwelling unit, and shall be use. 2,500 square feet per dwelling unit, measured from the inside of outside 2. Private recreational facilities, includ- whichever is most restrictive. walls to the center of partitions bound- ing swimming pools and tennis courts, (3) R-4 District -30,000 square feet, or ing the dwelling unit being measured, intended solely for the use and enjoy- 2,000 square feet per dwelling unit, but shall not include public stairways ment of the residents of the Permitted whichever is most restrictive. or elevators, public entries, public foy- Use and their guests. b. Basis and Amount of Allowance: ers, public balconies, or unenclosed 8.04 Uses by Conditional Use Permit. (1) Subtract 500 square feet for each public porches, separate utility rooms, parking stall in or under the multi- furnace areas or rooms, storage areas The following uses may be allowed in the pie residence building, or other- not within the dwelling unit or garages. following districts but only upon the se- wise completely underground. 5.Closets and Bulk Storage: curing of a Conditional Use Permit: (2) Subtract 300 square feet for each a. The following minimum amounts 1. R-2 and R-3 Residence Districts: dwelling unit above the fourth sto- of closet and bulk storage shall be pro- a. Any use permitted in Section 7.04 ry of the multiple residence build- vided for each dwelling unit: of the R-1 Single Family Residence ing. 11 i Efficiency and one bedroom units: District as regulated thereby. i3 I Add 500 square feet for each bed- 10 lineal feet of closet space and 96 b. Hospitals and convalescent and room in excess of two in each cubic feet of bulk storage. nursing homes. dwelling unit. i2 i Two bedroom units: 24 lineal feet of 2. R-4 Residence Districts: 8.06 Building Design and Construction. closet space and 144 cubic feet of a. Any use permitted in Subsection 1 1. Design Review: bulk storage. of this section. a. No building permit for a multiple (3) Three or more bedrooms: For each b. Retail shops and restaurants situ- residence building or townhouse com- bedroom in excess of two in any ated entirely within the permitted use plex containing more than 12 dwelling one dwelling unit, an additional 10 building, and which are accessible only units, or buildings accessory thereto, lineal feet of closet space and 50 from the interior of the building and shall be issued without having first cubic feet of hulk storage volume have no advertising or display which is been reviewed by the Planning Com- shall be required. visible from the outside of the building, mission and approved by the Council i4 i Only closet space having a mini- and which facilities are provided pri- following the procedures set forth in mum clear finish depth of 2'0"and marily for the residents of the building. Section 23, Conditional Use Permits, having unobstructed floor to ceil- 8.05 Height, Yard, Area and Lot Width except that no public hearing need be ing height of 8.0' shall be consid- 1 and Depth Regulations. held on any application for a permit. ered in determining the lineal feet 7 October 21, 1998 Chanhassen City Council, City of Chanhassen 1456 Arboretum Drive Chanhassen, Minnesota 55417 To Whom it may Concern: My husband and I, John F . and Mary C. Schumacher are property owners in Minnewashta Manor in the City of Chanhassen, MN. We moved to the area in 1963 , when the current city was under township government. We have watched the area grow. I am writing to verify that we know Dick and Yvonne Brown who live on Orchard Lane in the adjoining neighborhood to Minnewashta Manor. We met the Browns when they moved into the area. We had been friends and clients of the Burnleys who owned the property before the Browns moved into their residence. Irene Burnley was in the antique refinishing business and sold antiques out of her home . I purchased some items from her during our time as neighbors of each other. When the Browns moved in I became friends with Yvonne and realized that she, tbo, was in business as an artist who painted on antique pieces . I purchased many items from Yvonne and it became apparent that the vintage property was lived in by artisans who used the property to subsidize living expenses . I have known the property since 1963 as one with wonderful friends and enhancing art pieces that could be purchased from reputable people. The home site is a picturesque homestead in Chanhassen. The small amount of business operating out of it has been widely received, without issue, and with gratitude, by many people over the years . It is these small cottage industries that give enchantment to our country. I do hope that they will remain so in the years ahead. They give respect and homage to a past that should remain a viable part of our culture . Sincerely, 2i6(,),,,A_vd/7 ( . John F . Schumacher /'0 Mary C . Schumacher V L Ralph Hegman 820 Santa Vera Lane Chanhassen, MN 55317 Ms Cynthia R. Kirchoff 690 City Center Dr. Box 147 Chanhassen, MN. 55317 Dear Ms Kirchoff: It is my understanding that our former neighbors the Brown,s at 2630 Orchard Lane received a letter from you recently regarding their small business operation. The Brown,s moved into that home in, I beleive, 1970 and at that time started the business. It seems strange to me that at`this late date an ordinance encacted years later would apply to this operation. If any substantiation of the dates or operation are required please do not hesitate contacting me. Sin ely, `� V Mr. & Mrs. Ralp Hegman I , 0 U10 Uvu ) _) AkVa_Ax t OK COutk3 — " Nc•2_,),,,,,, -c&c0, 2_, i`J.\-k-P-L-,-, Ni. 8 0.,\Aut P ) 0.) Jkiv\c - . •Lii (../1 OALatk -10's ks., ,,._.a_ ,1,± •—?-\. ;1.) kr\i.-'r x_io 0-7_L- ,-S., ev‘&,,,,,v , tasL. C C C ccilkWka.:(1',6 <.• .- -\D ) ----, ‘. i k 5LL -2,1-\. iG.0(1,1, ,- )LAA_c_c,i‘i/-)a\ 1 --- -L) •77,-, ,t) c c -.Atn- Ai-LQ-I a ' 11 ' .) rIn 41 ... TERRY STODOLA 6330 FOREST CIR. EXCELSIOR, MN. 55331 OCTOBER 27, 1998 R. J. BROWN 2630 ORCHARD LANE EXCELSIOR, MN. 55331 RED EARN SALE DEAR MR. BROWN THIS LETTER IS TO INFORM YOU THAT YOUR SALE, WITCH YOU ONLY HAVE ( 2) PER YEAR WOULD BE A GREAT LOSS TO THE NEIGHBORHOOD. I HAVE LIVED AT 6330 FOREST CIR. FOR 20 PLUS YEARS AND NEVER HAD A PROBLEM. I WOULD LIKE FOR YOU TO KEEP THE SALE IN THE NEIGHBORHOOD. I SINCERELY HOPE THE CITY WILL WORK OUT A COMPROMISE WITH YOU. SINCERELY TERRY STODOLA November 3, 1998 Re: 2630 Orchard Lane To: The City of Chanhassen I have lived just up the street from the Brown family for over 21 years. They have had a sale only twice a year for as long as I can remember and it has NEVER been any problem. It is held in their barn, which is far away from the street! Vehicles are only allowed to park on one side of the street in order to ensure safety and to be sure there is a fire lane. A great number of the neighbors as well as other prople look forward to these two sales every year, just like people look forward to Christmas! None of this is a hazard, disruptive nor an inconvenience to our neighborhood. I cannot possibly understand how anyone could object to this very nice "happening" in our area. Please allow this "happening" to continue as it has through these many years! ! Thank you. GL �i1Gv Linda Conner 2521 Orchard Lane a!te-,6-a)4p224z) /61))/z.&_ Letily 1 , j 4qg (JD >1/1. „cz/y),t) /a- L-fuLy e-ivnt} e A--Yu 'adzietA-) 0-6a4-)1-)0 ), c24-)4}La-o-e_.} q 70 a12 AE) 69jt- ,ct,9yz4 . LikozxL cam- pz2�%�� a 3AR13A Rik J. PIKE 64-2I ORioLG- Ave. axcektor , MN . �1 a -i-1-71-{ -7ZGc —ro ,, Mi (4 eiv.,,,v(a,z,a_24- ..) _i, 3d OrCkt4(I! 1 C✓Y4cYi �1 ``f=t' (i)(Ctbej ��, zroc k ,/,'v" ?G1-t r\ J1GZlv'c ',0--A EL J' j 1 t_ci; Th, l 4D/01,07, c `e7 )id 'e cam-, 60,e u-ri (:`_11-e-k_.%., /A1,-(- C-A rtif:' —/2.,rc-f-CA a-c-/LI chi-nct_P `t,', , - ':_4., ,te-, ry-LQ__ .-t br2 /' �' It f. s c cs-4-,c.° � �k�-2 (� � /�/� ' c'J) r V n '!/ - ! 1-V(� ►„�' I..JU t�.4�.. l..Ll.t/t j ,i�-51.y[_. - (_4('etzi/ . ) L Vt C d ►" ., c Ql C&l 0-22 '!~ (.,q `-t e L/ 4 i if 5 Il �-A i" ` - �- f ) Ol'cA z id ' c • v • ry1 �7{ FJ he b1Jon eivingslons ;, ti 2621 ©rcAard cane C7.rcelsior, `/Y[innesola 55331 Pi-a-/yy� i G�/J /�' _ 1z-i-zi-c2 e):;fr._ 4.41 -- 4-ef-eh -- �� i • !.% t. . -,e1-- Xe--e../ /95-7 ,.. -7,,,re,2_,.._ 7,-/--- ry.:7Z-11,Le-Gg 71-€,•r-e--,. li c 1 ..- { `� `�, 1 f .Z`'/4'!/Ji-v �.0 �iC./v �Glv LC4s G4-, .l iifL Uf -C�✓...',i.. ci^�? „ -^'C.� .,,,,..5b..e...,_ / ,,, ./. ' 7/- h4..e.k.."--.7.-.Ce-'•'' 6.--;%/i-,1_,,,,_,..„:,......, , i..:_ei.:),--, ; . ems= _ e4:e -ree v7:-c�41 ; Ci_ v.a/ t J ,-.4,4--2/%7vt1 /��,p �' %�i%'✓L- v c- ' : G�-� !�, Dili`GAL t L/�Lu� �i - ‘2 / l�� Z�e-v ‘2,-.4-''&�� /z -�� i Use •-.....-W:;;Z:. --• .• .'.-.,•24,: ,..: . .. •_,. , .. . .. . - • • . . . - ..,- _.. •..,,..., • , - - ,,• -. - -..„•, • .. • - .. . . •, -, -.. • • - ... - •- . _ . . • . . - .. . _ ,. - .• . .. . . . • -,"."..'..::-:.--•,,:.:,r.:,::'',:• •;T. . .. : _.,..-•.. , e:,---,-.; 4./' •Zele4.- , . .. . ... ...•...,,,... „..e..L.> 6,.....fr . . ,...,..., .... ........... , ,,. ,,,/ 4,,,,,,,,.-..R--t., / .1...„7 0,,,,,,./10_,... -1"-fi-1"4.- c-% ' / . .. . . . . . . . ... . . . . . . .. .. .. -7Zka) "zpkrz-reft-- / . . . ,. . .... ./12-ii-E t..4... . , - -. .- ...:. . 4,er,A.-ej..,e-v .-- -I'c.64 / ---i- 4 ....44.,-7....,_-- , , • . .... -,... i,,L,.,c,8 = -&• i - ,..-• __ • . _ .. „ .. . ..- • .--. ..--,. . , ;74.t.,/ z, Lid - - • -'• --- • - - . .. . .. _. . .. ' . --, --••fae& i . . , . . ) . . 64/ ./Si,e ,.• ("0 " i • , . - -... •-a•' ) i . . . ,i ..,..... .1. : • . - • , %-•;-*(;KI-Z-A -- 7 / .. . ,. . . . . I • \.... ,.. .. • • . ., . .. . (1 . •.,..- To Board of Adjustments and Appeal Chanhassen, Minnesota Re : Appeal of Yvonne and Richard Brown Dear Sirs : Our neighbors have been havina these sales for many years . We live directly across the street from Browns and have had no problems from these semi-annual sales . They erect "No Parking" signs on our side of the street so this eliminates traffic problems . We see no reason why they cannot continue these sales . Yours truly, Editn and Ralph Livingston 2631 Orchard Lane Excelsior, Minnesota 55331 From: Pat & Ginny Hanily 2660 Orchard Lane Excelsior, Mn. ( Brown's neighbor) To: City Of Chanhassen Subject: We have lived at the above address for the past 20 years. Brown's have conducted sales on a average of twice a year since we have live here. Browns have taken care to post parking signs as traffic has increased. To us, it is worth the minor inconvenience of, a couple of sales to have good neighbors like the Brown's. Pat & Ginny Hanily NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS NMI �� --� Tuesday, November 10, 1998 �� "° • m �4t at 7:30 p.m. �9 • �'r•± 10ell City Hall Council Chambers 4 � • , 690 CityCenter Drive �� ,� � PROJECT: Appeal Administrative Decision APPLICANT: Richard and Yvonne Brown ti LOCATION: 2630 Orchard Lane NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicants, Richard and Yvonne Brown, are appealing an administrative decision to allow retail sales on property zoned RSF, Single Family Residential, 2630 Orchard Lane. 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 October 29, 1998. KEN LANG WILLIAM WISNIEWSKI RALPH LIVINGSTON 2631 FOREST AVENUE 6340 MINNEWASHTA WOODS D 2631 ORCHARD LANE F ' 'ELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 ROBERT RIESSLEMAN EARL ERICKSON GAIL KNUTSON 6320 FOREST CIRCLE 6341 MINNEWASHTA WOODS D 2641 ORCHARD LANE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR. MN 55331 TERRY STODOLA DARRELL HINKLIN ANTHONY KASER 6330 FOREST CIRCLE 6345 MINNEWASHTA WOODS D 2651 ORCHARD LANE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 WARREN OLSON MARJORIE/C.E. WOOSLEY JR PAT HANILY 6340 FOREST CIRCLE 2511 HIGHWAY 7 2660 ORCHARD LANE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 KINGSTON SPURBECK SCOTT&SUSAN LONG FRANK JANECKY 6350 FOREST CIRCLE 2511 ORCHARD LANE 2661 ORCHARD LANE EXCELSIOR. MN 55331 EXCELSIOR, MN 55331 EXCELSIOR. MN 55331 JAMES STORM LINDA L CONNER WILLIAM G JOHNSON 6360 FOREST CIRCLE 2521 ORCHARD LANE 2670 ORCHARD LANE EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MICHAEL RENNINGER TOM CHRISTOPHER CHESTER BUTTERFIELD 2540 ORCHARD LANE 2671 ORCHARD LANE 6310 EXCELSIOR,MINNE MN 55TA 31W D EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MN 55331 JEREMY CONE DEAN PAXTON LAWRENCE C FREIBERG 2611 ORCHARD LANE 2730 ORCHARD LANE 6320 EXCELSIOR,MINNE MN 55TA 31W D EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MN 55331 KATHY KLADEK DONALD LIVINGSTON JEFFREY KAMRATH 7217 W. 2621 ORCHARD LANE 2731 ORCHARD LANE BLOOMINGTO N, MN 55438 STREET EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 LOTO RICHARD BROWN GEOF POPE 6331�„K IW.N KELLY 2630 ORCHARD LANE 2740 ORCHARD LANE EXCELSIOR,R MN 55331TA WOODS DR EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MN 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