1999-03-17 agenda FILE
AGENDA
CHANHASSEN ZONING BOARD OF
ADJUSTMENTS AND APPEALS
WEDNESDAY, MARCH 17, 6:00 P.M.
CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
NEW BUSINESS
1. A request for 3 foot variance from the 10 foot side yard setback for the construction of an
addition, 3311 Shore Drive(Lot M, RLS 7), Ralph &Patricia Hegman.
2. Approval of Minutes.
Adjournment
C I TY 0 F BOA DATE: 12/22/98
CHANHASSEN CCDATE: 3/17/99
CASE #: 98- 13 VAR
By: Kirchoff:v
STAFF REPORT
PROPOSAL: A request for 3 foot variance from the 10 foot side yard setback for the
construction of an addition.
LOCATION: 3311 Shore Drive
Z (Lot M, RLS 7)
Q APPLICANT: Ralph&Patricia Hegman
3311 Shore Drive
Excelsior, MN 55331
(470-0925)
CL
Q
PRESENT ZONING: RSF, Single Family Residential
ACREAGE: Approx. .79 acres (34,440 sq. ft.)
DENSITY: N/A
ADJACENT ZONING
AND LAND USES: N: RSF, Single Family Residential
S: RD,Recreational Development Lake
E: RSF, Single Family Residential
Q W: RSF, Single Family Residential
11-1 WATER AND SEWER: Available to the site.
PHYSICAL CHARACTER: This site is a riparian lot on Lake Minnewashta that contains
112
an existing home with a deck. A steep slope abuts the
eastern property line.
2000 LAND USE PLAN: Low Density Residential
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Hegman Variance
March 15, 1999
Page 2
BOARD OF ADJUSTMENTS AND APPEALS UPDATE
This item was reviewed at the December 22, 1998 Board meeting where it was tabled. The
Board requested that the applicant approach the neighbor to the east about purchasing 3
feet of property so a variance would be eliminated for the proposed addition. The neighbor
did not have an interest in selling the property.
State Statute requires that the city process an application within 120 days of its receipt.
This item was stamped received November 20, 1998. Staff has informed the property
owner of this and requested that they either withdraw their application or waive the 120
day review period or staff will schedule a meeting where action will be taken on the item.
A letter was mailed on January 15, 1999, asking if they would like to proceed with the
variance. To date, staff has not received a response from the applicant.
This report has been updated. All new information is in bold type and all outdated
information has been struck though.
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 20-72(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 3).
Section 20-72(b) states that if a setback of a dwelling is nonconforming, no additions may be
added to the nonconforming side of the building unless the addition meets setback requirements
(Attachment 3).
Section 20-1 defines a bluff(Attachment 4).
BACKGROUND
This property was platted in 1957 as Registered Land Survey No. 7, Tract M. The existing home
meets the required front yard, western side yard and lakeshore setbacks. The eastern side yard
setback is non-conforming at 7 feet.
The applicant is proposing to construct a 480 sq. ft. master bedroom, a 150 sq. ft. porch and 600
sq. ft. garage addition 7 feet from the eastern property line.
Hegman Variance —�
March 15, 1999
Page 3
ANALYSIS
The applicant is requesting a 3 foot variance from the 10 foot side yard setback requirement for
the construction of these additions. The existing home is approximately 22 feet from the eastern
property line and the existing garage is 7 feet from the eastern property line.
3 Foot Side Yard Setback Variance for Garage Addition
A variance should granted when a reasonable use cannot be made on the property because of
zoning ordinance requirements. A single family home and a 2-stall garage is typically considered
a reasonable use of RSF zoned property. Currently, the applicant has a 2-stall garage on the site.
This application seeks a third stall. Based on its configuration and area, it will more than double
the size of the existing garage space. Staff does not support this variance because it is expanding
the non-conformity of the structure and the setback. If additional storage space is required, the
applicant can construct a detached garage or storage shed that meets the setback requirements.
3 Foot Side Yard Variance for Bedroom and Porch Addition
The applicant is proposing to expand the living space of the home to the eastern property line. At
its narrowest point, the proposed bedroom addition is approximately 16 feet. According to the
site plan, the existing home is approximately 12 feet from the 10 foot side yard setback at the
closest point. Requiring that the addition meet the 10 foot setback would only reduce the width
of the addition by 3-4 feet. The house is not parallel to the side lot lines, so the addition could
actually be 13 feet at its narrowest point. In the applicant's letter(Attachment 1), they stated that
the addition would not encroach any further into the required setback than the existing garage.
Staff does not believe that the garage's non-conforming setback justifies granting this variance.
The applicant does have a reasonable use of the property, so a hardship has not been
demonstrated. Staff believes that applicant has the opportunity to construct a reasonable-sized
bedroom addition and enclosed porch within the required setback. Furthermore, this will
increase the non-conformity of the structure and the setback.
be setback 20 feet from structures (MN Rules Chapter 7080.0170, Subp. 2A (3), Table IV). The
gfaliteeb-ffem-t-his-state-lew,
Hegman Variance
March 15, 1999
Page 4
Topography and Erosion Concerns
The steep slope on the eastern portion of the property does not qualify as a"bluff'by zoning
ordinance standards, however, staff is still concerned about the erosion that may take place
because of the home addition. To be a"bluff'the zoning ordinance requires that the slope be at
least 25 feet above the toe of the bluff and the grade be over 30 percent within this distance. In
this instance, the slope is only 20 feet,but the grade is 50 percent. Although a setback is not
required from the top of the bluff, staff believes that the structure should be the furthest distance
possible, the 10 foot setback, to minimize the erosion of the slope onto a adjacent property.
Staff believes that the garage's non-conforming setback does not justify the variance for the
garage,bedroom and porch addition. Furthermore, a hardship has not been demonstrated as a
reasonable use exists on this site and an addition could be constructed that complies with
ordinance. The variance will also permit the expansion of a non-conforming structure.
Therefore, staff recommends denial of the 3 foot variance from the 10 foot side yard setback for
the construction of an addition.
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 the property as a single-family home with
attached garage is presently on the site. A hardship has not been demonstrated to justify a
variance for a third stall on the garage and a bedroom addition. The applicant has an
opportunity to construct the bedroom and porch addition within the required setbacks.
Furthermore,this request will expand a non-conforming structure and setback.
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.
Hegman Variance
March 15, 1999
Page 5
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 increase the value of the property, staff does not
believe that this is the sole purpose of the application.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant creates the hardship. The applicant has a reasonable opportunity to
construct an addition within the required setbacks.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance would permit a smaller side yard setback than what
is typically found on other properties in the RSF district. If the neighboring property is
subdivided in the future, the homes could potentially be 17 feet apart, when 20 feet is
required by ordinance.
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 3 foot variance on the southern property would permit a structure to be
located closer to a side property line than would be typically found in the RSF zoning
district and may increase the erosion potential on an adjacent property.
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 3 foot variance from the 10 foot
setback for an addition based upon the findings presented in the staff report and the following:
1. The applicant has a reasonable opportunity to construct an addition within the required
setbacks.
2. The applicant has not demonstrated a hardship to justify granting a variance.
3. The structure does not meet the ISTS drainfield 20 foot setback as required by state law."
Hegman Variance
March 15, 1999
Page 6
Should the Board of Adjustments and Appeals approve the variance,the following conditions
shall apply:
1. The applicant shall submit a survey prepared by a licensed land surveyor.
2. The applicant shall show all existing easements on the survey.
3. The applicant shall show all existing and proposed elevations.
4. The applicant shall indicate where excess material will be stored.
ATTACHMENTS
1. Application
2. Section 20-615, RSF Zoning Requirements
3. Section 20-72, Nonconforming Uses and Structures
4. Section 20-1 Defintion of a Bluff
5. Site Plan
6. Property Owners
7. Minutes from December 22, 1998 Board meeting
g:\plan\ck\boa\hegman 98-13 var.doc
C t- I
CITY OF CHANHASSEN RECEIVED
690 COULTER DRIVE NOV 2 0 1998
CHANHASSEN, MN 55317
(612) 937-1900 CITY OF CHANHASe•
DEVELOPMENT REVIEW APPLICATION
APPLICANT:-4',11Lf ?'i1e:rA - 1*1ikk) OWNER: A-VEIL- E-1,-,�
ADDRESS: 1 .•-tr ADDRESS: : I �E-}D 1) l Ug
xc�L,�� ►� 6 3 ( N6,e L.61 121 I\A. 6331
TELEPHONE(Day time) TELEPHONE: 6 I 2-- - �� -[ 2_5
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit s. Vacation of ROW/Easements
interim Use Permit X Variance
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 Escr. . - iling Fees/Attorney Cost**
$50 PR/VAC/VARPVAP/Metes
an. Bounds, $400 Minor SUB)-'le-ap�r�(�
Subdivision' TOTAL FEE$ 75 CC) i
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples mustbe submitted with site plan reviews.
"Twenty-six full size folded copies of the plans must be submitted, including an 81"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
REASON FOR THIS REQUEST L�(;1 _ (c..� l I, r-r 10
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
This is to certify that I am making application for the described action by the City and that I am responsible foi complying
with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
authorized person to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best
of my knowledge.
I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the title to the property for which the approvaVpermit is granted within 120 days with the Carver County Recorder's
Office and the original document returned to City Hall Records.
qit •
/ ,.t U-4 ),1; 471{, lqs/
Signature of Applicant / Date
////a/y
Signature of Fee Owner' ;_l Date
Application Received on 11 a`oi qei Fee Paid • Receipt No.
• The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
November 19, 1998
Ralph & Patricia HegmanE '
3311 Shore Drive
Excelsior, MN 55331 NOV 21998
Board of Adjustments & Appeals
CITY OF CHANHAS°'
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
To Whom It May Concern:
We request a three-foot side-yard variance on the distsance between our
property line and an expansion of our master bedroom that we propose
to build to our existing home. We believe our request complies with the
findings for granting a variance for the following reasons:
1. "The literal enforcement of this Chapter would cause us undue
hardship."
- Because of the narrowness of our lot and in order to comply with
existing setback requirements, we would have to expand our
bedroom as a second-story addition. This is a more expensive
option. We also believe that, at our age, another set of stairs
would make our mobility more difficult in the future.
- Bykeeping
the expansion on the same level as the existing
bedroom, the proposed design allows us to make the most of the
existing bedroom space. We will actually have to build less "new
space" than we would for a second-story addition in order to net
the same amount of additional space. Again, a cost savings to
us.
- Our proposed addition allows us to take advantage of existing
plumbing -- another cost savings.
- We want our expanded master bedroom to remain consistent
with the "bedroom wing" of our existing house -- that is, the
bedrooms adjacent to one another. Given the existing structure,
any other choice is problematic and awkaward.
•
2. As you can see on the enclosed site plan, granting us this three-foot
variance would put the outline of our house no closer to the lot
line than it already is at the north-east corner of our garage (as it
was originally built).
3. The neighbor's house adjacent to our lot on the east side, is
separated from us by a heavily wooded divide, as well as a steep
hill: Our houses are on two very different levels, and invisible to
one another when the trees are leafed out. That house is sited on
the far eastern side of their lot, separated from us by a pond and
tennis court.
A one-story addition to our house would be far less visually
intrusive to this neighbor than would adding a second story onto
our exisiting bedroom wing.
4. The expansion, as described in the attached site plan, allows us to
take advantage of the primary amenity of our lot -- a view of the
lake. While a second story addition would afford us the same
view, it would cost us more, create an impediment to future
mobility, and be more visually intrusive to our neighbors.
Vicki Churchill from the Chanhassen City Planning Department assured
me she would provide required survey information from property owners
within 500 feet of our property as required for this process.
We appreciate your consideration of our request and look forward to
your response.
Sincerely,
•
Ralph and Patricia Hegman
A v e t
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.
(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
L• 0
10 .;AO"411. •
AL •
•
1 � f
• • •
• ' ••�
r.. • •
• •••
••
•
•• I I
(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.
. Nock / Flap Lots
• Fron Lot Lln •
immhait
' I 1
a
• 1 1 I
1 711
1OO� Lot Width 1 1
s.� .~�
1 1 1 1
L _ L.._. ._ I_ .J
(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(5) The setbacks are as i611ows:
a. For front yards, thirty (30) feet.
b. For rear yards, thirty(30) feet.
5upp.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 MIL '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
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.
v/ (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.Na 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-
t
ion of a nonconforming structure to the extent of more than fifty(50)percent of its estimated
value, excluding land value and as determined by the city, shall terminate the right to con-
tinue the nonconforming structure.
(f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if approved by the city council a nonconforming land use may be changed to another noncon-
forming land use of less intensity if it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensities of uses.
(g) If a nonconforming land use is superseded or replaced by a permitted use, the non-
conforming status of the premises and any rights which arise under the provisions of this
section shall terminate.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20.73. Nonconforming lots of record.
(a) No variance shall be required to reconstruct a detached single-family dwelling located
on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of the
destroyed structure and is substantially the same size in building height and floor area as the
destroyed structure. Reconstruction shall commence within two (2) years of the date of the
destruction of the original building and reasonable progress shall be made in completing the
project.A building permit shall be obtained prior to construction of the new dwelling and the
new structure shall be constructed in compliance with all other city codes and regulations.
(b) No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at lest seventy-five (75) percent of the
minimum requirements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, there
shall be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot,
(d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
Supp.No.4
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 3.7 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
4
•
ZONING § 20-1
Alteration means any change or rearrangement, other than incidental repairs, in the
supporting members of an existing building,such as bearing walls,columns beams,girders or
interior partitions, as well as any change in doors or windows, or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or the moving of a
building or structure from one (1) location to another.
Animal feedlot means land or buildings used for the confined feeding, breeding, raising or
holding of livestock and poultry where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure.Pastures are not considered animal feedlots.
Antenna means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional antennas, such as panels,
microwave dishes, and satellite dishes; and omnidirectional antennas,such as whip antennas.
Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and
educational purposes.
Arterial street means a street or highway with access restrictions designed to carry large
values of traffic between various sectors of the city or county and beyond.
[Auto service center] means an integrated group of commercial establishments or single
establishments planned,developed,and managed as a unit with off-street parking provided on
site and providing uses engaged primarily in the supplying of goods and services generally
required in the operation and maintenance of motor vehicles. These may include sale and
servicing of tires,batteries, automotive accessories, replacement items,washing and lubricat •
-
ing services, and the performance of minor automotive maintenance and repair.This does not
include major body repair where it is necessary to provide long term storage of cars and body
parts.
Bed and breakfast means an owner-occupied single-family home in which not more than five
(5) rooms are rented on a nightly basis for a period of seven(7)or less consecutive days by the
same person. Meals may or may not be provided to residents and overnight guests.
Block means an area of land within a subdivision that is entirely bounded by streets, or by
streets and the exterior boundary or boundaries of the subdivision, or a combination of the
above with a waterway or any other barrier to the continuity of development.
Vr Bluff means a natural topographic feature such as a hill, cliff, or embankment having the
following characteristics:
(1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and
(2) The grade of the slope from the toe of the bluff to a point twenty-five(25)feet or more
above the toe of the bluff averages thirty (30) percent or greater.
(3) An area with an average slope of less than eighteen (18) percent over a distance for
fifty(50) feet or more shall not be considered part of the bluff.
Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a
bluff.
Supp.No.9 1143
RON
135
1 g,/ .% RECEIVED
T fl✓./ '-_7 131 NOV 2 9 1998
i . 7 %i� /% ' —1�28 CITY OF CHANHAsc
I \ /•
1 / % 127
I I i i ' i NI)
•
1 1 j / I i I �
SINFORMATION TAKEN FROM A SURVEY OF TRACT I ! i I I I
M REGISTERED LAND SURVEY NO. 7 CARVERCOUNTY 1 i I.
i i C
EGAN,FIELD N&SNTOWAKA TREGISTERED Y 27 LAND 959 BY S ! \ \ I m
SURVEYORS 1J I .% � �.
THE PROPOSED IMPROVEMENTS INCLUDE A I \\\\
500SF MASTER BEDROOM ADOITION AND A600S I / \,�\'
AREA. HEGLE STALL NEW WORKWIWILLGE&LL UTILIZE THE WORKSHOPSAME \•�\
•
BUILDING SYSTEMS AND MATERIALS AS THE \\\ 'r
THE EXISTING DWELLING.
O KWOR WILL NOT EXCEED THAT RALL HEIGHT
OF THE 13
II30'-2" I 1 EXISTING SINGLE STORY DWELLING yg
THE PROPOSED VARIANCE CONCERNS A 3'-0' ii /\ fI
ENCROACHMENT INTO TIIE EASTERN SIDEYARD 1' --, ,. !� A'B-OF NEW CONSTRUCTION
SETBACK FOR BOTH BEDROOM ANO GARAGE. '.v ,I (GARAGE 6005F)
THERE IS AN EXISTING 3'-0'ENCROACHMENT 1.\ y_. i'
INTO THAT SIDEYARD AT THE NORTHEAST ^' \
CORNER OF DIE EXISTING GARAGE. It P'A,c~$A'y�
133 i // / 4c` EXISTING 3'
I ENCROACHMENT
/ T l L I/� "D SETBACK
131 j �� EXISTING HOUSE
--,._._ �r
f if /)fREOUESTED 3'VARIANCE'
/
,4('10'SIX-YARD SETBACKI
g \ / iN I
n 128 50
12 __- 0�-E'"`"-g� AREA-A.OF NEW CONSTRUCTION
pjp/III (HOUSE: 480SF ENCLOSED, 150SF PORCH)
121 1 3rNI,I'• gF
12 --it �t.1
124 --' zi
123 J/ IA .,
122_.iy 1'716'-_ -250'XI'DTAX12'
121 _ /_'am.. DRAINFIEl0
1001GAL SEPTIC TANK
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NORTH
`,...�.���CE!vZ7t)
LAKE
101.31AFLROCt1f1 HEGMAN ADDITION PHASE IT SITE PLAN
:; SAINT PALL MN NE 3311 SHORE DRIVE HEMATIC DESIGN SCALE' I'=30' J)
-- - ..
al 6991411 EXCELSIOR, MN 55331 OVCMBER 6, 1998 SHEET RUMOR 1 0/ 1
NOTICE OF PUBLIC �•• -HEARING `- 01E0.0
BOARD OF ADJUSTMENTS AND APPEALS „.
Tuesday, December 22, 1998 I411II
�
•
CityHall Council Chambers - `
i
690 City Center Drive 40
3311 Shore Drive
PROJECT: Side Yard Setback Variance
Lake Minnewashta
APPLICANT: Ralph and Patricia Hegman
LOCATION: 3311 Shore Drive
NOTICE: You are invited to attend a public hearing about a development proposed in your area.
The applicants, Ralph and Patricia Hegman, are requesting a 3 ft. variance from the 10 ft, side yard
setback for the construction of an addition, on property zoned RSF and located 3311 Shore Drive.
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.
PLEASANT ACRES HOMEOWNER STRATFORD RIDGE HOMEOWN
BOX 12
HAROLD J.TAYLOR,TREASURER C.JOANNE GINTHER-�CCELSIOR,MN 55331 3861 STRATFORD RIDGE 3131 DARTMOUTH DRIVE
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
JEFFREY&DEBRA PAPKE ABRAHAM & DOROTHY ABBARI THOMAS MERZ
6180 CARDINAL DRIVE SO 3750 ARBORETUM BLVD 3201 DARTMOUTH DRIVE
SHOREWOOD, MN 55331 PO BOX 26 EXCELSIOR, MN 55331
CHANHASSEN, MN 55317
CAMPFIRE BOYS&GIRLS MN COUNCIL TROLLS-GLEN HOMEOWN ASSN STEVE MARTIN
2610 UNIVERSITY AVE.W. 7501 WEST 77TH STREET 3211 DARTMOUTH DRIVE
ST. PAUL, MN 55114 CHASKA, MN 55318 EXCELSIOR, MN 55331
MINNEWASHTA BEACH ASSN MINNEWASHTA CREEK ASSN. PETER& PAMELA STROMMEN
TOM RUHLAND ATTN NANCY NELSON 3221 DARTMOUTH DRIVE
6211 GREENBRIAR AVE 3891 LINDEN CIRCLE EXCELSIOR, MN 55331
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
KATHLEEN LOCKHART RAFAEL FERNANDEZ GREGORY& ROBIN NIEMANN
3618 RED CEDAR POINT DR 7620 CRIMSON BAY ROAD 3231 DARTMOUTH DRIVE
EXCELSIOR, MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
MINNEWASHTA SHORES DANIEL& KAREN HERBST WARREN HANSON
STEVE WOOD 7640 CRIMSON BAY ROAD 3241 DARTMOUTH DRIVE
6341 CYPRESS DRIVE CHASKA, MN 55318 EXCELSIOR, MN 55331-8844
EXCELSIOR, MN 55331
BARBARA 0 FREEMAN JOHN FUNARI ROGER W. OAS
7431 DOGWOOD 7660 CRIMSON BAY ROAD 7301 DOGWOOD
EXCELSIOR, MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
GARY KIRT ROB & CALI OLSON MARTIN JONES
7140 HAZELTINE BLVD 7700 CRIMSON BAY ROAD 7321 DOGWOOD
EXCELSIOR,MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
PEMTOM COMPANY DONALD SUEKER JANET M QUIST ETAL
8200 HUMBOLDT AVE S 3111 DARTMOUTH DRIVE 7331 DOGWOOD
BLOOMINGTON, MN 55431 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
,-,'INETH &DONNA DURR SUSAN FIEDLER RICHARD LUNDELL
4830 WESTGATE ROAD 3121 DARTMOUTH DRIVE 7341 DOGWOOD
MINNETONKA, MN 55345 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
WILLIAM C.GETSCH EDWARD MONSER TIMOTHY NELSON
7530 DOGWOOD 3920 HAWTHORNE CIRCLE 3724 HICKORY
EXCELSIOR,MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
GETSCH CORP
C/O JOHN GETSCH DAVID PETERJOHN JOAN E RASK
18022 PRIORY LANE 3921 HAWTHORNE CIRCLE 3728 HICKORY
MINNETONKA, MN 55345 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
MARJORIE GETSCH EDWARD V. OATHOUT LOUIS PARSONS
7530 DOGWOOD ROAD 3940 HAWTHORNE CIRCLE 3732 HICKORY
EXCELSIOR, MN 55331-8053 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
CHARLES&JENNIFER NEWELL DAVID &SALLY PETERJOHN
7550 DOGWOOD ROAD JAMES&SHERYL BJORK SUSAN MORGAN
EXCELESIOR, MN 55331 3921 HAWTHORNE CIRCLE 3734 HICKORY
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
SCOTT VERGIN JEFFREY SIMON
7311 DOGWOOD ROAD 3980 HAWTHORNE CIRCLE 3AMES GARFUNKEL
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 3738 HIC
EXCELSIOKORY
R, MN 55331
MARJORIE GETSCH JAMES J MOORE
7530 DOGWOOD ROAD 3630 HICKORY HI KORGUNY RO
EXCEESIOR, MN 55331-8053 EXCELSIOR, MN 55331 3628 EXCELSIOR,O MN
ROAD
MN 55331
CHARLES &JENNIFER NEWELL GARY PETERSON
7550 DOGWOOD ROAD 1769 20TH AVE NW EILEEN3630V BOYER
GINIA
EXCELSIOR, MN 55331 NEW BRIGHTON, MN 55112 WAY VITA, MN AVENUE
WAYZATA, MN 55391
PETER&DEANNA BRANDT GREG BOHRER
7570 DOGWOOD ROAD 3706 HICKORY 3601
IRONWOOD RD ZW
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN
MN 55331
STEVE EMMINGS ALFRED SMITH
6350 GREENBRIAR 3714 HICKORY 607 IRO W HEBEISEN
30E
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 RONWOOD
EXCELSIOR, MN 55331
ANNALEE HANSON MARVIN YORK
6400 GREENBRIAR 3716 HICKORY JIM& BETH GINTHER
EXCELSIOR,MN 55331 EXCELSIOR, MN 55331 E6C IRONWOOD
EXCELSIOR, MN 55331
DONNA HOELKE KEN &MARTHA SORENSON MARK AMBROSEN
3321 IRONWOOD 3800 LONE CEDAR LANE 3830 MAPLE SHORES DRIVE
EXCELSIOR, MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
KENNETH &DONNA DURR SCOTT GAUER KENT FORSS
4830 WESTGATE ROAD 3820 LONE CEDAR LANE 3850 MAPLE SHORES DRIVE
MINNETONKA, MN 55345 CHASKA, MN 55318 EXCELSIOR, MN 55331
JOHN&JEAN GEISLER JOSEPH STASNEY GABRIELE WITTENBURG
3680 LANDINGS DRIVE 3840 LONE CEDAR LANE 3870 MAPLE SHORES DRIVE
EXCELSIOR, MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
VINCENT&BETH BEACOM ARNOLD HED DEAN/JACQUELINE SIMPSON
11665 57TH AVE NORTH 3860 LONE CEDAR LANE 7185 HAZELTINE BLVD
PLYMOUTH, MN 55442 CHASKA, MN 55318 EXCELSIOR, MN 55331
JAMES &CONNIE VOLLING JAMES LIPE NANCY& DANA JOHNSON
3700 LANDINGS DRIVE 3880 LONE CEDAR LANE 6541 MINNEWASHTA PKWY
EXCELSIOR. MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
BRUCE&KARLA WICKSTROM WILLIAM & DEBRA HUMPHRIES CHARLES F.ANDING
3716 LANDINGS DRIVE 3890 LONE CEDAR LANE 6601 MINNEWASHTA PKWY
EXCELSIOR. MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
PAUL&ALYSSA NESS DAN PETERJOHN THOMAS ALLENBURG
3732 LANDINGS DRIVE 3892 LONE CEDAR LANE 6621 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
TIMOTHY&MARY O'CONNOR DOUGLAS &GINGER POLINSKY ZOE MINNEWASHTA PKWY
BROS
EW
3748 LANDINGS DRIVE 3894 LONE CEDAR LANE 6631 EXCELSIOR, A TA
EXCELSIOR, MN 55331 CHASKA, MN 55318
5331
THOMAS LONDO JEROME S AHLMAN JAMES &JEAN WAY
3764 LANDINGS DRIVE 3896 LONE CEDAR LANE 6641 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 CHASKA, MN 55318 EXCELSIOR, MN 55331
S -lEN &JAN VONBEVERN TERRANCE JOHNSON MRS. LEE ANDERSON
PCrDOX 874 3898 LONE CEDAR LANE 6651 MINNEWASHTA PKWY
CHANHASSEN,MN 55317 CHASKA, MN 55318 EXCELSIOR, MN 55331
BRUCE BOSSHART DOUG ANDERSON ROBERT OSBORNE
6671 MINNEWASHTA PKWY 3607 RED CEDAR POINT DR 3815 RED CEDAR POINT DR
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
ROBERT M.JOSEPHS PAUL W LARSON KENNETH SMITH
6701 MINNEWASHTA PKWY 3609 RED CEDAR POINT DR 3837 RED CEDAR POINT DR
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
BARBARA HEADLA DR LUMIR PROSHEK RICHARD FRIEDMAN
6870 MINNEWASHTA PKWY 3613 RED CEDAR POINT DR 3601 RED CEDAR POINT ROAD
EXCELSIOR,MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
LARRY WENZEL MARK BROECKERT T. LYMAN
6900 MINNEWASHTA PKWY 3616 RED CEDAR POINT DR 3603 RED CEDAR POINT RD
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
LARRY WENZEL EMIL SCUBA DK CONSULT B.V.
6900 MINNEWASHTA PKWY 14025 VALE COURT 3605 RED CEDAR POINT RD
EXCELSIOR, MN 55331 EDEN PRAIRIE, MN 55344 EXCELSIOR, MN 55331
DONALD LINKE K LOCKHART WILLIAM NAEGELE
7301 MINNEWASHTA PKWY 3618 RED CEDAR POINT DR 4300 BAKER ROAD
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MINNETONKA, MN 55343
FRANCES BORCHART STEVE KEUSEMAN RALPH HEGMAN
7331 MINNEWASHTA PKWY 3622 RED CEDAR POINT DR 3311 SHORE DRIVE
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
STEPHEN V. BAINBRIDGE ERIC BAUER BARBARA WINTHEISER
7351 MINNEWASHTA PKWY 3624 RED CEDAR POINT DR 3321 SHORE DRIVE
EXCELSIOR,MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
WILMER LARSON BIRUTA M. DUNDURS FLORENCE BISCHOFF
7381 MINNEWASHTA PKWY 3627 RED CEDAR POINT DR 3331 SHORE DRIVE
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
JOHN T. FOLEY
C/O RICHARD FOLEY LINDA JOHNSON WILLIAM MCDANIEL
4804 DUNBERRY LANE 3629 RED CEDAR POINT DR 3341 SHORE DRIVE
EDINA, MN 55435 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
MABEL I. WHITE ADA R. ANDING KEVIN &ANN EIDE
3351 SHORE DRIVE 3631 SOUTH CEDAR 3719 SOUTH CEDAR
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
HENRY ARNESON HELEN M ANDING JIM&SUSAN ROSS
3401 SHORE DRIVE 1708 EAST 57TH STREET 3725 SOUTH CEDAR
EXCELSIOR, MN 55331 MINNEAPOLIS, MN 55417 EXCELSIOR, MN 55331
KARL VAN LANGEN CHESTER LOBITZ WILLIAM HAUGH
3411 SHORE DRIVE 3637 SOUTH CEDAR 3727 SOUTH CEDAR
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
WAYNE HAGEN EVELYN BEGLEY WILLIAM HAUGH
3421 SHORE DRIVE 3701 SOUTH CEDAR 5441 JAMES AVENUE SO
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 MINNEAPOLIS, MN 55419
JOHN MCKELLIP GEORGE-MELANIE WERL PER JACOBSON
3431 SHORE DRIVE 10 ACORN DRIVE 2840 TANAGERS LANE
EXCELSIOR, MN 55331 SUNFISH LAKE, MN 55077 EXCELSIOR, MN 55331
PAUL MODELL JAMES JASIN HERB PFEFFER
3441 SHORE DRIVE 3705 SOUTH CEDAR 2850 TANAGERS LANE
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
MORRIS MULLIN JILL HEMPEL NARK CONSTRUCTION INC
3451 SHORE DRIVE 3707 SOUTH CEDAR 4617 CHANTREY CT
EXCFI SIOR, MN 55331 EXCELSIOR, MN 55331 MINNETONKA, MN 55345
FRANCIS FABER BLAKE HORTON KYLE HUNT PARTNERS INC
3471 SHORE DRIVE 3711 SOUTH CEDAR 18324 MINNETONKA BLVD
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 DEEPHAVEN, MN 55391
RICHARD WING CLIFF PEDERSEN ARNOLD &ANNE WEIMERSKIRCH &
UMANN
3481 SHORE DRIVE 3713 SOUTH CEDAR 2831OLIVE SANDPIPER N TRAIL
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 TRAIL
EXCELSIOR, MN 55331
BI, OLDWELL RICHARD ANDING KRISTEN ORTLIP
3501TSHORE DRIVE 3715 SOUTH CEDAR 2831 WASHTA BAY ROAD
EXCELSIOR, MN 55331 EXCELSIOR, MN 55331 EXCELSIOR, MN 55331
JEANNINE&BRUCE HUBBARD
2841 WASHTA BAY ROAD
EXCELSIOR,MN 55331
MRS.HAZEL ANDERSON
2851 WASHTA BAY ROAD
EXCELSIOR, MN 55331
KELLIE MANNEN
2901 WASHTA BAY ROAD
EXCELSIOR,MN 55331
WAYNE HOLZER
2911 WASHTA BAY ROAD
EXCELSIOR, MN 55331
KAREN HESSE
2921 WASHTA BAY ROAD
EXCELSIOR, MN 55331
ALAN TOLLEFSON
2931 WASHTA BAY ROAD
EXCELSIOR, MN 55331
GLENN COPPERSMITH
2941 WASHTA BAY ROAD
EXCELSIOR,MN 55331
MARK&YOMARIE OLSON
2961 WASHTA BAY ROAD
EXCELSIOR, MN 55331
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
DECEMBER 22, 1998
Chairperson Johnson called the meeting to order at 6:15 p.m.
MEMBERS PRESENT: Willard Johnson, Carol Watson and Steven Berquist
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR A 3 FOOT VARIANCE FROM THE 10 FOOT SIDE YARD
SETBACK FOR THE CONSTRUCTION OF AN ADDITION, RALPH AND PATRICIA
HEGMAN,3311 SHORE DRIVE.
Cynthia Kirchoff presented the staff report on this item.
Berquist asked what the setback is from the drainfield.
Kirchoff responded that a error was made on the site plan and that the drainfield does not exist.
Ralph Hegman stated the variance is required so a larger bedroom can be constructed on the main
level. He explained that the garage only maintains a 7 foot setback and the addition will be
maintaining that setback and not encroaching any further. Mr. Hegman stated the addition will
look better on the eastern side and will be easier for them. He indicated that he is willing to work
on the erosion control issues.
Berquist asked if the proposed addition meets the lakeshore setback. He also questioned what
was impeding the addition from being extended towards the lake.
Patricia Hegman stated the living room and kitchen are located on that side of the home.
Mr. Hegman asked if the Board would like to view pictures of the site.
Berquist stated that the hill does not appear to have a 50 percent slope as the staff report states.
Kirchoff responded that it does not meet the definition of a bluff.
Berquist asked if there is home to the east.
Mr. Hegman stated the house has been demolished and is being rebuilt.
Berquist commented that the drainfield does not exist.
Kirchoff responded that it was an error on the architect's part so a setback is not required.