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1999-03-02 agenda FILE AGENDA CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS TUESDAY, MARCH 2, 1999, 6:00 P.M. CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CITY COUNCIL CHAMBERS Call to Order NEW BUSINESS 1. Requests for the following variances for the construction of an addition: (1) A 5.2 foot variance from the north property line 10 foot side yard setback; (2) An-741.2 foot variance from the south property line 10 foot side yard setback; (3)A 1 percent variance from the 25 percent maximum impervious surface requirement; (4) A 7,000 sq.ft. variance from the 15,000 sq.ft. minimum lot size requirement;and (5) A 50.foot variance from the 90 foot minimum lot width/street frontage requirement. Located at 6640 Lotus Trail (Lots 641, 642, 671 and 672, Carver Beach), Joan Wright 2. Approval of Minutes. Adjournment CITY OF BOA DATE: 12/22/98 1 C N N N A S S CCDATE: 3/2/99 \ CASE #: 98- 14 VAR By: Kirchoff v STAFF REPORT PROPOSAL: Requests for the following variances for the construction of an addition: (1) A 5.2 foot variance from the north property line 10 foot side yard setback; (2) An 7.3 1.2 foot variance from the south property line 10 foot side yard setback; (3)A 1 percent variance from the 25 percent maximum impervious surface requirement; (4) A 7,000 sq. ft. variance from the 15,000 sq. ft.minimum lot size requirement; and Z (5) A 50 foot variance from the 90 foot minimum lot width/street frontage requirement. V LOCATION: 6640 Lotus Trail (Lots 641, 642, 671 and 672, Carver Beach) eL APPLICANT: Joan Wright _LI 6824 Thomas Avenue South � Richfield, MN 55423 (869-5940) PRESENT ZONING: RSF, Single Family Residential ACREAGE: 8,000 sq. ft. DENSITY: N/A ADJACENT ZONING AND LAND USES: N: RSF, Single Family Residential S: RSF, Single Family Residential < E: Lotus Lake, Recreational Development Lake W: RSF, Single Family Residential WATER AND SEWER: Available to the site lt] PHYSICAL CHARACTER: This site is a compilation of 4 lots in Carver Beach. The 11-1 property is within the shoreland of Lotus Lake but does not have lake frontage. A small 709 sq. ft. cabin and a detached garage exists on the site. 2000 LAND USE PLAN: Low Density Residential ..•• — I • . . .... .. . ,- - - , ji-7-- wei _16/ .671 N , "EA,. _a* ...tj Tir i--e";.7.-!--'•°"1"7-ir '«OM-1110-41,1.:)p i . - 1' p uasseipno loll .sc-)‘?. -ors-. •. It di - . Alf,/ •• c;',\---" .* .- 1261 if. antipra Mr iiii al Itaftlii r, e ___,..bc, \,...c/&(:) ,,,,,,VII.•,::„4.(,4,'•,0-•, ,•.44.1 ' Al A . lit'llPA' ' kAIIIIENAI,,,,,, i aP /,a. C___(.. ..„- ,, ti6, _.:,„„qui-. - -,,1, . 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''s.v,t3-'1:Pikill 1 r -0112 111111111 .,,,.i,.. ..,-,•,k,,,,,•%; __ . if.xi.,,,, A ,._•• - .,-, ,..,,,nt "el I Art illaM04:1- -. oilk V" • 0 --- -,„/ ( "\ .) , - - >- .. .:,''Vi:',4-f.t,10-A, •V • '''%-\\ WV ' . ;••••• •*;-,c070,',- \ 4 - - , ...'1,v4tk>''' Ill - Y .. -_, .. •.• milt , as a •.w„,i t 4 i \ 1,-, -II Al-. -..r: `=1E _ . 1 ?..N.,. ill• :;11 ' N- Mi . . 4 i up oi...4414 111111111i1A--**A• • ', 02.1.1 ---- 1 -•'' '''.--.W. 311 '-1.-7- .''''' —f-f I 1 1 iiiii-111 1---11-17.Pivr'IPIN 1 i-__I-J-1- I- I I r ._ , . 0 Z T Wright Variance February 24, 1999 Page 2 APPLICABLE REGULATIONS Section 20-615 (6) (c) states that a 10 foot side yard setback shall be maintained on properties zoned RSF (Attachment 2)). Section 20-615 (6) (a) states that a 30 foot front yard setback shall be maintained on properties zoned RSF (Attachment 2). Section 20-615 (4) states that the maximum lot coverage for all structures is 25 percent (Attachment 2). Section 20-615 (1) states that the minimum lot size is 15,000 sq. ft. for properties zoned RSF (Attachment 2). Section 20-615 (2) states that the minimum lot frontage is 90 feet for properties zoned RSF (Attachment 2). Section 20-72(a) states that there shall he no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity (Attachment 3). Section 20-72(b) states that if a setback of a dwelling is nonconforming, no additions may he added to the nonconforming side of the building unless the addition meets setback requirements (Attachment 3). BOARD OF ADJUSTMENTS AND APPEALS UPDATE On December 22, 1998 the Board of Adjustments and Appeals reviewed this application. The item was tabled because the applicant proposed to purchase two adjacent lots (643 & 673) to the south. This purchase would increase the setback on the southern property line. Since the purchase has not taken place, this report is based upon the setback being a side yard. The applicant has resubmitted a plan which maintains the existing side yard setbacks. The revised addition measures 30 feet by 26.6 feet. It is the same width as the existing cabin. This report has been revised. All new information is in bold and all outdated information has been struckthrough. Wright Variance February 24, 1999 Page 3 BACKGROUND Carver Beach was platted in 1927. This is one of the oldest and most unique residential neighborhoods in the city. The lots are generally 20 feet in width and about 100 feet in depth (depending on topography and physical features). The lots, although originally intended for cottages or summer cabins, have been combined to accommodate single family homes with attached garages. The size and shape of some of the lots, as well as the topography, makes locating a home or an accessory structure difficult at times. Hence, many variances have been granted in this area. Many of these variances were for lot area, not setbacks. Without these variances,the owner could not make a reasonable use of their property. The subject property consists of four lots and measures 40 feet by 200 feet. The site also abuts two streets, Mohawk Drive and Lotus Trail. Lotus Trail is unimproved at the intersection with Napa Drive. It is actually a "paper street"when it abuts Lots 671-72. However, it is still public right-of-way, so a 30 foot front yard setback must be maintained. The property does not actually abut Napa Drive because two lots are present between the subject property and the bituminous surface. A 591 square foot detached garage along with a 709 square foot one-story cabin occupy the site. The existing home and garage do not meet the required side yard setbacks. It meets the front yard setbacks on Mohawk Drive and Lotus Trail. '"1 The applicant is proposing a 798 square foot addition to the existing structure. This addition includes a new kitchen, master bedroom, a second bedroom and deck on the southern western portion of the home. The addition is proposed to maintain the northern side yard setback and enereaeh-ftwther-inte the southern side yard setback. The addition will be located between the existing garage and home. ANALYSIS The applicant is requesting five variances: a 5.2 foot side yard setback variance on the north, an 731.4 foot side yard variance on the south, a 1 percent maximum impervious surface variance, a 7,000 sq. ft. minimum lot area variance and a 50 foot minimum lot width variance. The proposed addition will double the size of the home and increase the non-conformity of the structure and the setbacks on the side yards. Northern Side Yard Setback Variance According to the survey, the proposed addition maintains the existing 4.8 foot side yard setback from the north property line. The zoning ordinance requires a 10 foot side yard setback, so the variance request is for 5.2 feet. Since the property is only 40 feet in width and the setbacks are 10 feet on each side, only 20 feet remains for a home. Staff supports this variance request because the buildable area is limited and it maintains the existing setback. The addition will not encroach any further into the setback, although the addition is expanding the length of the Wright Variance February 24, 1999 Page 4 home so it is technically increasing the non-conformity. The ordinance does not permit non- conformities to be increased. However, staff believes that this variance request is reasonable because the existing home is so small. Southern Side Yard Setback Variance The existing residence maintains a 8.6 foot setback from the southern property line. Again, the zoning ordinance requires a 10 foot setback. The applicant is proposing to encroach 6 additional feet into this setback. The home will-maintain a 2.7 foot side yard setback. Staff appreciates that the applicant is improving the property by the addition, however, the existing setback should be variance to maintain the existing setback. Instead of the addition measuring 21 feet by 32.5 feet it will be 21 feet by 26.6 feet. The house will be approximately 1,231 square feet, rather than ately 189 e f et e b y the picant The revised plan indicates the � err...,...... addition will maintain the existing setback. The applicant is also proposing to construct a 6 foot deep deck adjacent to Napa Drive Lotus Trail on the existing structure. The zoning ordinance permits decks to encroach 5 feet into a required setback. The deck meets all required setbacks. Maximum Impervious Surface Variance The proposed addition will increase the impervious surface to 26 percent based on staff's calculations. from the impervious surface requirement will not be required. This requirement was adopted to ensure that the home was in proportion with the size of the property. Staff does not support this The f th m ld t the s na torography of the site. This is a small site, so therefore, the home should be proportionate. Since the home and the property are both small, it is not difficult to exceed maximum impervious surface for the site. Also, the addition maintains existing setbacks. Based on this information, staff recommends approval of this variance. Lot Area and Width Variances Staff is requiring variances from the minimum lot area and width requirements to make the property legal. This approval cannot be done administratively because the existing conditions are not 75 percent of the existing requirements. Staff supports both of these variances. • Wright Variance February 24, 1999 Page 5 This proposal does not warrant the granting of an 7.3 foot variance on the southern property line hardship is not r went. 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" can be 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 RSF zoning district, a reasonable use is a single family home. Staff believes that the applicant does have a hardship in that the width of the contiguous lots only total 40 feet. Based on the size of the existing cabin, an addition is probably warranted.- and However, existing setbacks should be maintained. Staff recommends that the northern /1.5 foot side yard setback variance and the southern 1.1 foot side yard setback variance that all variances be granted. Staff does net-recommen and the 1 percent maxim 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: A reasonable use of this property is a single family home. Currently, a small cabin exists on the site and the applicant would like to double the living space. This addition is not unreasonable, however,this addition should be located within the existing setbacks. It is assumed that these setbacks have existed on this property prior to the adoption of the zoning ordinance. St.,ffbelieves that eater vaF anew . „ld depart downward b . The revised plans indicates that the addition will maintain the existing setbacks. 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 setback requirements are applicable to all other properties in the RSF zoning district. Wright Variance February 24, 1999 Page 6 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: Although this addition will significantly increase the value of the property, staff does not believe that this is the sole purpose of the application. Many other properties in Carver Beach expanded original cabins into larger single family homes for year round occupancy. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that the request for the 8 foot variance on the southern propert.,line is a self created hardship. However, the variances required so the addition maintains the existing setbacks are not self-created since the setbacks where in place prior to the zoning ordinance adoption. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the 8 foot variance on the southern property line would permit a significantly smaller setback than is found in other properties in the RSF district. If the public right of way. The granting of the variances will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 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 8 foot variance on the southern property line variances would permit a structure to be located closer to a public right of way adjacent properties than would be typically found in the RSF zoning district, however,it is assumed that the existing setbacks were established prior to the adoption of a zoning ordinance. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals approves a 5.2 foot variance from the 10 foot northern property line side yard setback, a 1.4 foot variance from the 10 foot southern property line side yard, a 1 percent variance from the 25 percent maximum impervious surface coverage requirement, 7,000 sq. ft. variance from the 15,000 sq. ft. minimum lot area requirement and a 50 Wright Variance February 24, 1999 Page 7 foot variance from the 90 foot minimum lot frontage requirement for an addition based upon the findings presented in the staff report." southern side yard setback a l-a ' nt ` t" 2` r nt n ml following 1. setbacks." ATTACHMENTS: 1. Application 2. Section 20-615, RSF Zoning Requirements 3. Section 20-72, Nonconforming Uses and Structures 4. Survey and Proposed House Interior Revised Site Plan 5. Minutes from December 22, 1998 Meeting 6. Property Owners g:\plan\ck\b oa\wright 98-14 var.dot ..1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION "APPLICANT:jOck. . - W 2 t LT- ✓OWNER: co ct L Lf%e D`T ADDRESS:lt_S 4i xr 7? ADDRESS: 6f s<7 r t wilt) /4 l27n) 53-V 3 TELEPHONE(Day time r/ COS '-�� TELEPHONE6;/ r(2' - f fL°% Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit 1( Variance 41,7►- Non-conforming Use Permit — Wetland Alteration Permit Planned Unit Development — Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escro. -or Filing Fees/Attorney Cost** CUP/S P RNACNAR/W AP/Metes . d Bounds,$400 Minor SUB)if a (Dfett L Subdivision' TOTAL FEE$ 7h'0° 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 NfITF-When multiole 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 '!O LOCATION r!ni Le27-y 5 2 i /S4,l-�/ SSe!7 / LEGAL DESCRIPTION 40 j In 4/ 4 7/ / C7 • PRESENT ZONING REQUESTED ZONING • PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION V REASON FOR THIS REQUEST I//)r/pi?�'�=� < 6f� -':% T//�� et1T//7 1 E 1-Y1 P . 5 ,s Ld/// /77///'ease_ i /. Lj,g�n/c> ;e. 407r/ � n f�,2 s�/L,, This application must be completed in full and be typewritten or clearly printed and must be ae m anied ball information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 1 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 Office d the original document returned to City Hall Records. Signal r of Applicant Date ._ 9 �/ Sign re of Fee Own r Date / v Application Received on i 0`I4-I Gb Fee Fait Receipt No. 454-7 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the MN:111nm If nnf nnn/oMnd nnn,, ..a ,a ...,,, _ . e Tuesday,December 1, 1998 City of Chanhassen Board of Adjustments and Appeals Chanhassen,MN 55317 Dear Board: I am applying for a variance to the property at 6640 Lotus Trail to put an addition onto the existing home. At present this home is a one bedroom log cabin. I would like to put on an addition to make it two bedrooms with extra living space, plus new kitchen and a utility room so the furnace can be moved from under the house. Once this is completed then my husband and I would move out there to live on a full time bases. Please see the enclosed plot and plans for the addition. As you may or may not know I am also in the process via my attorney Margaret Grathwol Bernadi of obtaining ownership of the strip of land Lot 643 and 673 which appears at this time to belong to no one. We have been maintaining these lots and driving across them since 1937. Depending on the result of this acquisition, the addition will be either 2.6 feet from the property line on the Napa Drive side or 22.6 feet. The existing home front is already 33.8 feet from the front road which is Lotus Trail. The addition is also planned to fit within the space of the two existing buildings already on the property. The literal enforcement of the existing Chapter would cause undue hardship as the property cannot be put to reasonable use beause of its size. Reasonable use includes a use made by a majority of comparable property within five hundred(500)feet of it. The proposed variance will not be detrimental to the public welfare or injurious to other land in the neighborhood, nor will it impair an adquate supply of light and air to adjacent property or substantially demish or impair property values within the neighborhood. I am willing to pay for the city to obtain the names and addresses of the property owners within 500 feet of the property boundaries. I hope we can get this variance in a timely manner so that we can begin building as soon as weather permits. Any further information I can give you, please don't hesitate to contact me by phone as noted on the enclosed application. Thank you for your time and consideration of this matter. Joan L.Wright A- L O 1rY C3ti ZONING § 20-615 (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (8) Private kennel. (Ord. No. 80,Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (4) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements,exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. V (2) The minimum lot frontage is ninety(90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp.No.9 1211 § 20-615 CHANHASSEN CITY CODE illustrated below. Lots Where Frontage Is Measured At Setback Line r�..,,..j�• • t I .601 1. • .••doe • L . • •• • •cT • • • to • 1 ' • •t• • {3) The minimum lot depth is one hundred twenty-five(125)feet.The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. . Neck / Flap Lots Eton Lot Lino g I I I fit 100� Lot Width 1 1 1 , • 1 T �J i i 1 a,.�"♦, 1 1 1 L _ 1__•.. OEM I_ _.i 1/ (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp_No.9 1212 ZONING § 20-632 ✓ c. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one-hundred-foot minimum width. b. For rear yards, thirty(30) feet. c. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80,Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95) Editor's note—Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2,were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617-20-630. Reserved. ARTICLE XIII. 'R-4"MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80,Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Permitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp.No. 9 1213 tI CLQ 1 20-60 CHANHASSEN CITY CODE Sec. 20-60. Denial. Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. DIVISION 4.NONCONFORMING USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2-10-92) Sec. 20.72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of twelve(12)or more months.Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of twelve(12)months,only land uses which are permitted by this ordinance shall be allowed to be established. *Editor's note—Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in §§ 20-71-20-73. Prior to amendment, Div. 4 contained §§ 20-71-20-78,which pertained to similar subject matter and derived from Ord.No. 80,Art.III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. Supp.No.4 1164 ZONING § 20-73 (d) Full use of a nonconforming land use shall not be resumed if the amount of land or • floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of twelve(12) or more months. Time shall be calculated as beginning on the day following the last day in which the nonconforming land use was in full operation and shall run continuously thereafter:Following the expiration of twelve (12) months, the nonconforming land use may be used only in the manner or to the extent used during the preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea- sured by hours of operation,traffic,noise,exterior storage, signs,odors,number of employees, and other factors deemed relevant by the city. (e) Maintenance and repair of nonconforming structures is permitted.Removal or destruc- tion of a nonconforming structure to the extent of more than fifty(50)percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to con- tinue the nonconforming structure. (f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another noncon- forming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. (g) If a nonconforming land use is superseded or replaced by a permitted use, the non- conforming status of the premises and any rights which arise under the provisions of this section shall terminate. (Ord.No. 165, § 2, 2-10-92) Sec. 20-73. Nonconforming lots of record. (a) No variance shall be required to reconstruct a detached single-family dwelling located on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural disaster so long as the replacement dwelling has a footprint which is no larger than that of the destroyed structure and is substantially the same size in building height and floor area as the destroyed structure. Reconstruction shall commence within two (2) years of the date of the destruction of the original building and reasonable progress shall be made in completing the project.A building permit shall be obtained prior to construction of the new dwelling and the new structure shall be constructed in compliance with all other city codes and regulations. (b) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot provided that it fronts on a public street or approved private street and provided that the width and area measurements are at lest seventy-five (75) percent of the minimum requirements of this chapter. (c) Except as otherwise specifically provided for detached single-family dwellings,there shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. (d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the Supp.Na 4 1165 §20-73 CHANHASSEN CITY CODE contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is sold,the sale shall constitute a self-created hardship under the variance provisions of this chapter. (Ord. No. 165, § 2, 2-10-92) Secs. 20-74-20.90. Reserved. DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC. Sec. 20-91. Building permits. (a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building or structure or part thereof without first securing a building permit. (b) An application for a building permit shall be made to the city on a form furnished by the city. All building permit applications shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of any existing structures and the building to be erected, off-street parking and loading facilities and such other information as may be deemed necessary by the city to determine compliance with this chapter and other land use ordinances. No building permit shall be issued for activity in conflict with the provisions of this chapter. The city shall issue a building permit only after determining that the application and plans comply with the provisions of this chapter, the uniform building code as adopted and amended by the city and other applicable laws and ordinances. (c) If the work described in any building permit is not begun within ninety (90) days or substantially completed within one (1) year following the date of the issuance thereof, said permit may become void at the discretion of the zoning administrator upon submission of documented evidence.Written notice thereof shall be transmitted by the city to permit holder, stating that activity authorized by the expired permit shall cease unless and until a new building permit has been obtained. (Ord. No. 80, Art. III, § 4(3-1-4), 12-15-86) Cross reference—Technical codes, § 7-16 et seq. Sec. 20-92. Certificates of occupancy. (a) In accordance with the Uniform Building Code as adopted and amended by the city, a certificate of occupancy shall be obtained before: (1) Any nonagricultural building, except an accessory building, hereafter erected or structurally altered is occupied or used; and (2) The use of any existing nonagricultural building, except an accessory building, is changed. (b) Application for a certificate of occupancy shall be made to the city as part of the application for a building permit. A certificate of occupancy shall be issued by the city Supp.No.4 1166 ,OR:_____W-41ZrZe2PC"----raCX" 8' -69j .. . ...: .. dP`'.tI,C oE�C•Qa.rro../: �gaL f r, �9 5 A�-C-. _ . : - 4/cT,1' G 4/6 set' 17,/s,447 6 7Z, egerer';t .BE-.t..v 41-4,...er,r-.e, 6'ov vr/', /�7i v t/E9v r,4„.. REVISED SITE PLAN _ 1 y, ; ; /(Zei Proposed Addition ram, -1 4 / 1 I- ELF '_' I a : .` o ;vJy I Lb 4) -----.SD : " O - .,..:2 „ ...:- . - ._ o' it, I _ - < : •t. t r,� '7�0 ` �� -30 -�a� r14 F vi . . �E�f/orEj' i eo-1/i/lo t/U"rIE,A/T Fa,IU..!/O ' l S ��. �. (P) J�eF.-,✓o rt.l' Parrs Di r t On) %2�.sior�s ��.vJ'vP40. ' O ?ED I�iJry-t/CE r 1 Ni II • I i MEAILA-HANBEN, INC. the hereby certify e of y thethat this ove describeds a true rd correct) representation of a survey of Engineers,Surveyors,Site Planners if any, thereon, and all visible encroachments, iflhe any fromof loctiortorfonl buildings, � said land. 6. As surveyed by me this _ . .7.4" _ day of_ ��y 7601 �fi7tfr ay.. -- ____—• 19e2 ND 13907 Sonny Liker{d wkl 1 Center,MN 55430 _ � Minnetonka,MN 55343 612/560.2660 Minn. Reg. NO.� G3� 612/938-5678 Jot) No. �O-O�j Book - Page 9- 38 __ --- Scale Zr_ Q . • Board of Adjustments and Appeals Meeting Minutes December 22, 1998 Page 2 Berquist commented that city water and sewer is available to the site. Mr. Hegman stated the site plan was drawn off an old plat. Berquist stated that he does not want to see the use intensified because it is currently non- conforming. He explained that the side yard setback ensures privacy. He commented that he understands the request, however, he believes the addition should go up or to the lake. He stated he would like to see the addition meet the 10 foot side yard setback. Hegman stated if the addition is reduced to meet the side yard setback it will be a tunnel and will not be feasible. Berquist stated that he is undecided about this variance. Willard Johnson stated that he feels similar and would like to see the addition meet the required side yard setback. He believes there are other alternatives. Carol Watson stated that there is land,but it is not where they would like to place the addition. She explained that she understands their perspective. Berquist asked if the applicant had considered purchasing property from the neighbor to the east. Mr. Hegman stated that he has not. Berquist stated that the additional 3 feet would solve the problem. Mr. Hegman stated that 3 feet is really trivial. He stated that the neighboring probably will not be subdivided in the future so encroaching into the setback would not be harmful. Berquist stated that it would be mutually beneficial for the applicant to consider purchasing the additional property. Berquist moved, Watson seconded the motion to table the application. All voted in favor and the motion carried. A REQUEST FOR A 7,000 SQ. FT. VARIANCE FROM THE 15,000 SQ. FT. LOT AREA REQUIREMENT, A 50 FOOT VARIANCE FROM THE 90 FOOT MINIMUM LOT WIDTH REQUIREMENT, A 5.2 FOOT VARIANCE FROM THE NORTH 10 FOOT SIDE YARD SETBACK REQUIREMENT, A 7.3 FOOT VARIANCE FROM SOUTH 10 FOOT SIDE YARD SETBACK REQUIREMENT AND A 1 PERCENT VARIANCE Board of Adjustments and Appeals Meeting Minutes December 22, 1998 Page 3 FROM THE 25 PERCENT MAXIMUM IMPERVIOUS SURFACE REQUIREMENT FOR THE CONSTRUCTION OF AN ADDITION,JOAN WRIGHT, 6640 LOTUS TRAIL Kirchoff presented the staff report on this item. Berquist asked why a summary of the approved variances was not included within the report. Kirchoff responded that there are too many variances to set forth a fair comparison. Berquist asked if there were any neighbor comments. Kirchoff responded that a few neighbors had contacted the city upon the receipt of the meeting notice. Joan Wright stated that their only other option was to add a second story and that will increase the cost. She explained how they planned to purchase Lots 643 and 673. Berquist asked if the lots were for sale. Wright stated the owners of the property cannot be found and her attorney is tracing the heirs. Berquist asked if the property is purchased variances will still be required. Wright responded that variances will still be required. Kirchoff stated that the property will have 3 front yards. Johnson asked if the applicant knows the property owner. Wright responded that she does not. Watson stated that the applicant should contact Carver County. Wright stated that after much research not much has been found regarding the property owner. Kirchoff asked if the applicant was contacted by the city about purchasing the lots for public facilities. Wright indicated that the city will need a water easement. Johnson asked if the structure will have to maintain a setback from Napa Drive. Board of Adjustments and Appeals Meeting Minutes December 22, 1998 Page 4 Kirchoff responded that if the city purchases the vacant lots, a front yard will not be required. Watson stated that they will be just encroaching into a vacant lot. Berquist stated that if the property to the south is owned by a private party it will pay taxes. Watson suggested that the Board wait on voting on the variance until the applicant acquires the property. Wright stated that it will be a long process before the owner is found. Berquist suggested that staff contact the city attorney to determine if the property can be conveyed to Ms. Wright. Watson asked how long it will take before the property can be sold. Johnson stated that if no taxes are paid, Carver County can sell the property. Wright stated that the tax forfeiture has been in the process for some time. Wright asked if the addition could be increased in depth and decreased in width. Kirchoff responded that the addition would have to meet all building code requirements. Watson moved, Johnson seconded the motion to table the variance application. All voted in favor and the motion carried. APPROVAL OF MINUTES: Watson moved, Johnson seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated December 1, 1998. All voted in favor and the motion carried. Johnson moved, Watson seconded the motion to adjourn. All voted in favor and the motion carried. The meeting was adjourned at 6:55 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS Tuesday, December 22, 1998 r ��, 6640 Lotus Trail .„ , at 6:00 p.m. .'• City Hall Council Chambers 690 City Center Drive A •' - . Lotus C r Lake • 4441w. . PROJECT: Front and Side Yard Setback Varianc APPLICANT: Joan Wright LOCATION: 6640 Lotus Trail NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicant, Joan Wright, is requesting a front and side yard setback variance for the construction of an addition, on property zoned RSF and located 6640 Lotus Trail. 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 December 10, 1998. 1)NR-REAL ESTATE MGT. ANN HOGAN&M. IMMERMAN FRED OELSCHLAGER ATTN: TAX SPECIALIST 481 BIGHORN DRIVE 7410 CHANHASSEN ROAD r AFAYETTE ROAD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 :,_AUL,MN 55155-4030 KENTON D.KELLY DON MEHL CAROLYN WETTERLIN £539 GRAY FOX CURVE 490 BIGHORN DRIVE 7420 CHANHASSEN ROAD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 RICHARD&KATHLEEN DENMAN LEONARD KISKIS IRVING RAYMOND 6661 HORSESHOE CURVE 491 BIGHORN DRIVE 7440 CHANHASSEN ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 SUNRISE HILLS DEAN STANTON TIMOTHY MCHUGH PO BOX 184 510 BIGHORN DRIVE 7450 CHANHASSEN ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JOHN&JANE THIELEN GUY SWANSON HARVEY PARKER 665 PLEASANT VIEW ROAD 610 CARVER BEACH ROAD 7480 CHANHASSEN ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JOSEPH J. SMITH PAUL& KARI ROMPORTL JEFF BORNS 224 WILSON ST W 620 CARVER BEACH ROAD 7490 CHANHASSEN ROAD PO BOX 213 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 NORWOOD,MN 55368 'NEAR MOUNTAIN LAKE ASSOC JOHN HAGEDORN LOUIS TESLER 630 PLEASANT VIEW ROAD 630 CARVER BEACH ROAD 7500 CHANHASSEN ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 GARY/CYNTHIA SCHNEIDER JOHN LANG GREGORY LINDSLEY 640 PLEASANT VIEW ROAD 640 CARVER BEACH ROAD 7510 CHANHASSEN ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 LARRY A KOCH CONSTANCE CERVILLA LARRY MON 471 BIGHORN DRIVE 650 CARVER BEACH ROAD P.O. BOX 39553 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 EDINA, MN 55439 THOMAS JONES HENRY SOSIN MARK ENGASSER 480 BIGHORN DRIVE 7400 CHANHASSEN ROAD 7000 DAKOTA CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 DENNIS FLAHERTY DUSTYN BOSWELL GREGORY CRAY 7004 DAKOTA 7501 ERIE AVENUE 200 FRONTIER COURT 'T1 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CAROLYN BLOOMBERG JACKIE HAMMETT WILLIAM KIRKVOLD 7008 DAKOTA 7506 ERIE AVENUE 201 FRONTIER COURT CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 STEVEN POSNICK ROBERT AMICK PETER J DAHL 3400 DAKOTA AVENUE 581 FOX HILL DRIVE 220 FRONTIER COURT ST_LOUIS PARK,MN 55416 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 HENRY NE1LS DAVID SANFORD LAURA MUELLER 7012 DAKOTA 6440 FOX PATH 7199 FRONTIER TRAIL CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 FRANK HETMAN JR. TOM HUBERTY ROLF G. ENGSTROM 7014 DAKOTA CIRCLE 6450 FOX PATH 7201 FRONTIER TRAIL CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 EVANNIEFELD MICHAEL HAYDOCK PAT& KATHY PAVELKO 7016 DAKOTA CIRCLE 6460 FOX PATH 7203 FRONTIER TRAIL CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MICHAEL HEER KEITH M. HOFFMAN SHIRLEY NAVRATIL 2155155 W.W. MARCH LANE 6470 FOX PATH 7337 FRONTIER TRAIL SUITE 1D CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 STOCKTON,CA 95207 ANDREW CLEMENS JEFFREY& LYNN PORRITT ARLIS BOVY 6687 DEERWOOD DRIVE 6510 FOX PATH 7339 FRONTIER TRAIL CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 AS HOMEOWNERS ATTN: ZACHARY DEVELOPMENT BOB GREELEY TANYA GLATTLEY 21 BASSWOOD DRIVE 7201 METRO BLVD. 7341 FRONTIER TRAIL CHANHASSEN,MN 55317 MINNEAPOLIS, MN 55439 CHANHASSEN, MN 55317 ANDREW A HISCOX TOM&CHERYL EBENREITER ROBERT H HORSTMAN 7506 ERIE AVENUE 6530 FOX PATH 7343 FRONTIER TRAIL CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 GEORGE PRIEDITIS JOHN& DONNELLA SEGNER DOUG&BETH BITNEY 7An1 FRONTIER TRAIL 30 HILL STREET 6645 HORSESHOE CURVE ,NHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 LORNA ASHLING JOHN MELBY FRANK KUZMA PO BOX 382 40 HILL STREET 6651 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 BLAIR&NANCY ENTENMANN RON HARVIEUX EVELYN ALBINSON 7407 FRONTIER TRAIL 6605 HORSESHOE CURVE 6655 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 ROBERT SOMERS JOHN DANIELSON RICHARD& KATHLEEN DENMAN 7409 FRONTIER TRAIL 6607 HORSESHOE CURVE 6661 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 TOM HAROLD RAYMOND BROZOVICH YORIKO PRICE 7411 FRONTIER TRAIL 6609 HORSESHOE CURVE 6663 HORSESHOE CURVE .CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ROGER KARJALAHTI THOMAS GILMAN JOHN CUNNINGHAM 7413 FRONTIER TRAIL 6613 HORSESHOE CURVE 6665 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MICHELE KOPFMANN/RICHARD GILLEAPIE JAMES KEIPER DAVID KOPISCHKE 7415 FRONTIER TRAIL 6615 HORSESHOE CURVE 6675 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JOHN&KRISTI SESTAK LADD R CONRAD DORIS ROCKWELL 7417 FRONTIER TRAIL 6625 HORSESHOE CURVE 6677 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 • FRONTIER TRAIL ASSOC HAROLD&KATHRYN DAHL JEFF&JUDI KVILHAUG C/O MRS.WILLIAM KIRKVOLD 6631 HORSESHOE CURVE 6681 HORSESHOE CURVE 201 FRONTIER COURT CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 J1'FFHILDEN PHILIP ISAACSON JOHN RYAN 20 HILL STREET 6633 HORSESHOE CURVE 6685 HORSESHOE CURVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 HELEN HARTMANN JEFF VanTHOURNOUT TODD D&SUSAN L ERICKSON ELFTMANN 6687 HORSESHOE CURVE 7320 KURVERS POINT ROAD 740 LAKE POINT '1 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 SANDRA OLSON SUSAN HENDERSON GREG HEDLUND 6691 HORSESHOE CURVE 7330 KURVERS POINT ROAD 748 LAKE POINT CHANHASSEN.MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHARLES C.HURD RONALD HAINES GREG HEDLUND 6695 HORSESHOE CURVE 7340 KURVERS POINT ROAD 748 LAKE POINT CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 JOHN HAMMETT CHARLES APPLEGATE JERRY KRIESLER 6697 HORSESHOE(:URVE 7350 KURVERS POINT ROAD 764 LAKE POINT CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ALAN KRAMER SUSAN &ALLEN APPLEGATE NED TABAT 531 INDIAN HILL ROAD 7360 KURVERS POINT ROAD 772 LAKE POINT CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 "1 FRANK KURVERS SEYMOUR&SANDRA RESNIK MICHAEL POSTON 7220 KURVERS POINT ROAD 7370 KURVERS POINT ROAD 780 LAKE POINT CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MELVIN KURVERS CHARLES&JUDY PETERSON ROBERT J. DORAN 7240 KURVERS POINT ROAD 708 LAKE POINT 788 LAKE POINT CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DOUG MACLEAN RALPH&JANICE MEYER A.J. FOX 7280 KURVERS POINT ROAD 716 LAKE POINT 7300 LAREDO DRIVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DANNY&BRENDA VATLAND ALAN LAWRENCE RICHARD& EUNICE PETERS 7290 KURVERS POINT ROAD 724 LAKE POINT 7301 LAREDO DRIVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 GERALD&JANICE STRAND TERRY VOGT STUART BAIRD 18909 KINGWOOD TERRACE 732 LAKE POINT 7303 LAREDO DRIVE MINNETONKA,MN 55345 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 'MARIE SCHROEDER AARON&MEGAN GORDON ROBERT L POST 66n0 LOTUS TRAIL 6650 MOHAWK DRIVE 489 PLEASANT VIEW ROAD NIHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 WILLIAM BENSON KEITH GUNDERSON CURTIS ANDERSON 6630 LOTUS TRAIL 6661 MOHAWK DRIVE 500 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 JOAN WRIGHT/MERMON TOCK DAVID G HOLUB JOHN R VON WALTER 6824 THOMAS AVE S. 6670 MOHAWK DRIVE 510 PLEASANT VIEW ROAD RICHFIELD,MN 55423 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MARTHA NYGREN DONALD SENNES DOUG& LANA HABERMAN 6650 LOTUS TRAIL 6680 MOHAWK DRIVE 520 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHRIS/CYNTHIA ANDERSON PETER LUSTIG HARVEY ROBIDEAU 6680 LOTUS TRAIL 6699 MOHAWK DRIVE 540 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHRIS ANDERSON DONALD SENNES THOMAS SEIFERT 6680 LOTUS TRAIL 6680 MOHAWK DRIVE 600 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 RAULA VELTKAMP ROBERT SATHRE JOHN NICOLAY 6724 LOTUS TRAIL 365 PLEASANT VIEW ROAD 608 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANAHSSEN,MN 55317 CHANHASSEN, MN 55317 ERIC MEESTER RANDY SMITH PETER THIELEN 6610 MOHAWK DRIVE 429 PLEASANT VIEW ROAD 665 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MICHAEL WEGLER DONN ANDRUS THOMAS&JUDY MEIER 6630 MOHAWK DRIVE 449 PLEASANT VIEW ROAD 695 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MONA JEAN KAHL 1YERMONT 1SAACSON TODD ADAMS JOHN ARMITAGE&SHONDA WARNER 6640 MOHAWK DRIVE 469 PLEASANT VIEW ROAD 745 PLEASANT VIEW ROAD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 ALAN W.LENHART ROBERT MIDNESS PEGGY NAAS/STEVE MESTITZ ..� 6575 PLEASANT VIEW WAY 112 SANDY HOOK ROAD 7200 WILLOW VIEW COVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 BLAISE&KAY WATSON WILLIAM SPLIETHOFF 750 QUIVER DRIVE 113 SANDY HOOK ROAD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 BRIAN BATZLI TOM PALMBY 100 SANDY HOOK ROAD 114 SANDY HOOK ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 PETER MOSCATELLI STEVE FROST 102 SANDY HOOK ROAD 80 SANDY HOOK ROAD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHAS E&DIANE BOHLIG GARY MILLER 5200 RIDGE ROAD 7632 SOUTH SHORE DRIVE EDINA, MN 55436 CHANHASSEN, MN 55317 ,\ SCOTT&CATHY NELSON STEVEN&CAROL DONEN 106 SANDY HOOK ROAD 7636 SOUTH SHORE DRIVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 GLADYS MCCARY THOMAS& PAMELA DEVINE 108 SANDY HOOK ROAD PO BOX 714 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 JOHN S KERN SANDRA SEDO 109 SANDY HOOK ROAD 7644 SOUTH SHORE DRIVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 GLADYS MCCARY COLONIAL GROVE ASSOC. 108 SANDY HOOK ROAD CHARLES HIRT CHANHASSEN,MN 55317 7007 CHEYENNE TRAIL CHANHASSEN, MN 55317 ROBERT B&SUE MIDNESS MARK SENN 112 SANDY HOOK ROAD 7160 WILLOW VIEW COVE CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING JANUARY 12, 1999 Chairperson Johnson called the meeting to order at 6:10 p.m. MEMBERS PRESENT: Willard Johnson, Carol Watson and Steven Berquist STAFF PRESENT: Cynthia Kirchoff, Planner I A REQUEST FOR A 12,515 SQ. FT. VARIANCE FROM THE 20,000 SQ. FT. MINIMUM LOT AREA REQUIREMENT FOR RECREATIONAL DEVELOPMENT LAKES, A 12.5 FOOT VARIANCE FROM THE 90 FOOT MINIMUM LOT WIDTH REQUIREMENT, A 14 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD SETBACK REQUIREMENT, A 3 FOOT VARIANCE FROM THE 10 FOOT SIDE YARD SETBACK REQUIREMENT AND A 51 FOOT VARIANCE FROM THE 75 FOOT MINIMUM WIDTH REQUIREMENT FOR RECREATIONAL DEVELOPMENT LAKE LOTS FOR LAKE ACCESS FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME, BOB AND BRINN WITT, 8572 CARDIFF LANE, SHOREWOOD, (LOT 42, SHORE ACRES). Cynthia Kirchoff presented the staff report on this item. Carol Watson asked if the proposed home has a basement,because it is not shown on the plans. Bob Witt responded that the home does have a basement and that it will be the same footprint as the rest of the home. Watson asked what the height of the home will have to be in order for a full basement to be constructed. She commented that it will have to be a tall home. Mr. Witt stated that the home is significantly under the 35 foot maximum height. He explained that the front elevation is approximately 27 feet and the lake side is just under 35 feet. Mr. Witt stated that they are aware that a walk-out will not be possible,based on a conversation with the engineering department. Watson stated that the engineering department recommended against a walk-out. Mr. Witt explained engineering's concern was that drainage be directed properly and that the driveway grade not exceed 10 percent. Watson stated that she wanted to make certain the applicant understood the situation. Board of Adjustments and Appeals Meeting Minutes January 12, 1999 Page 2 Willard Johnson asked the applicant if the driveway length could be increased from 16 feet to 20 feet,thus shifting the house into the lakeshore setback. Mr. Witt explained his plan to increase the footprint of the house by 104 sq. ft. from the submitted site plan. He stated that with the additional living space, the impervious surface would only be 25.5 percent. He commented the additional space may not be needed. Watson stated that the additional living space and the additional driveway together would exceed the maximum impervious surface permitted. Johnson asked if the house will maintain the 75 foot lakeshore setback. Mr. Witt stated that the house could be shifted 2 feet into the lakeshore setback. Watson asked what the lakeshore setback will be if the house is shifted 4 feet from the front property line. Kirchoff responded that the site plan is not accurate. Berquist stated that the setbacks could be 75 feet on the lake and 16 on the street. Don Sitter, 9249 Lake Riley Blvd., asked if he could make a comment. Johnson stated that it is not a public hearing, but he will allow him to speak. Sitter stated that a 16 foot driveway is not long enough. He stated that the house should be shifted towards the lake to accommodate a larger parking area. He explained that he does not like it, but it will improve the parking situation. Mr. Sitter recommends the maximum impervious surface be maintained. He questioned the number of stories in the house. Watson stated the house will have a basement and the lowest floor must be 3 feet above the highest water level. Sitter stated that it will not work. Watson stated that it will have to in order to meet ordinance requirements. Sitter stated that a variance should be given from the lakeshore setback, but the maximum impervious surface should be maintained. Watson said that they should give on the lake and maintain a 20 foot front yard setback. Board of Adjustments and Appeals Meeting Minutes January 12, 1999 Page 3 Peter Pemrick, 9251 Kiowa Trail, stated that the lot is too small for a house. Johnson stated that the property is a lot of record. Watson stated that the city has to allow a reasonable use of the property, otherwise the city is "taking"the property from the owner. Pemrick stated the house should maintain all the required setbacks. Johnson stated the city has three problem areas, and this is one of them. Pemrick stated the lot is ridiculously small for a house. Mr. Witt stated that in 1989 variances were granted for the construction of a home. He explained that the variances granted were much greater than the current proposal. Mr. Witt stated that the proposal is much smaller and that they need an extra 5 percent of impervious surface. Watson moved, Berquist seconded the motion to approve a 12,515 sq. ft. variance from the 20,000 sq. ft. minimum lot area requirement on a recreational development lake, a 12.5 foot variance from the 90 foot minimum lot width requirement, a 51 foot variance from the 75 foot lot width requirement for riparian lots for lake access, a 10 foot variance from the 30 foot front yard setback requirement, a 3 foot variance from the 10 foot side yard setback requirement and a 4 foot variance from the 75 foot shoreland setback requirement for the construction of a single family home with the following conditions; 1. The applicant shall submit a survey completed by a licensed surveyor. 2. A detailed grading, drainage, and erosion control plan with 2-foot contours shall be submitted at time of building permit application for review and approval by the City. 3. The basement of the home must be 3 feet above the ordinary high water mark of the lake. 4. Type III erosion control must be maintained until all vegetation has been restored. 5. The applicant shall maintain the 10 foot required dock setbacks. All voted in favor and the motion carried. Board of Adjustments and Appeals Meeting Minutes January 12, 1999 Page 4 APPROVAL OF MINUTES: Watson moved, Johnson seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated December 22, 1998. All voted in favor and the motion carried. Berquist moved, Watson seconded the motion to adjourn. All voted in favor and the motion carried. The meeting was adjourned at 6:45 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I