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01-21-25 PC itemPlanning Commission Item January 21, 2025 Item Consider a Variance for 9119 Lake Riley Blvd (Planning Case #24-21) File No.24-21 Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By Rachel Jeske, Planner Applicant Applicant: Thompson Construction, LLC Owner: Joan E Joyce Trust Present Zoning Single Family Residential District (RSF) Land Use Residential Low Density Acerage 0.34 Density Applicable Regulations Chapter 20, Division 3, Variances. Chapter 20, Article 20-VII, Shoreland Management District Chapter 20, Article 20-XII, “RSF” Single-Family Residential District SUGGESTED ACTION “The Chanhassen Planning Commission, activing as the Board of Appeals and Adjustments approves the requested front yard setback variance for the expansion of a garage at 9119 Lake Riley Blvd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” SUMMARY The applicant is requesting a variance from Section 20-615 Lot Requirements and Setbacks for the Residential Single Family zoning district, which requires that all structures are setback a minimum of 30 feet from front property lines. The applicant is proposing a garage expansion that encroaches approximately 2.8 feet into the front yard setback. 2 BACKGROUND The property is located on the west side of Lake Riley. The zoning district is Residential Single-Family with a minimum lot size of 15,000 square feet. This subject property is 14,799 square feet in size (0.34 acres). The property is a lawful nonconforming lot that was created prior to the establishment of the current RSF zoning standards. The property was platted in 1951 making it eligible for up to 30% impervious lot cover. As a result of the project, the applicant would be rebuilding the stairs for their deck and driveway to be outside of the bluff setback as well as an overall reduction in the impervious coverage on the property from 35.6% to 31.9%. The lot coverage of 35.6% is lawful nonconforming and while the new lot coverage would still be in excess of the limit if the property was established today, the project does bring the property much closer to conformance and a reduction in the lawful nonconforming amount. A second variance related to impervious coverage is not required due to the existing lawful nonconforming status of the 35.6% lot cover. DISCUSSION RECOMMENDATION Staff recommends approval of the variance as presented. ATTACHMENTS Application Written Description & Justification Existing Survey Proposed Survey Staff Report Findings of Fact Affidavit of Mailing 24-21 3 4 5 December 20, 2024 Variance Application Supplement – 9119 Lake Riley Blvd Legal Description: Section 24 Township 116 range 023 Subdivision SHORE ACRES Lot 011 SubdivisionCd 25795 & Lot 12 (5) Written description of variance request. We are requesting approval to build an addition on to the existing residence that will be partially constructed into the front yard setback. This garage addition would protrude 2.8 feet at the most into the front yard setback. We are complying with all other setbacks as part of this project which includes moving and rebuilding deck stairs to be within the lakeside and South side setbacks. Also the proposed new front porch meets code and will not protrude more than 3 feet into the setback per code. Current impervious lot coverage is 35.6%. With the proposed improvements to the property the total coverage would be 31.9%. Thereby decreasing the overall impervious coverage by 3.7%. This would bring impervious coverage much closer to the current code of 30%. (6) Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. The proposed addition use is an acceptable purpose and consistent with the comprehensive plan. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The existing garage does not have access to the house. Currently, you need to walk around outside to the front door to get into the house which is unsafe in winter with ice and snow and increasingly more as the owners age in place as time goes on. The garage is also tight with the two vehicles. The space is needed to get a door in the garage which connects to the new mudroom. c. That the purpose of the variation is not based upon economic considerations alone. Economic factors are not a consideration of this request. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The lack of garage to house access and depth is unique to the existing house design and was not created by the landowner. e. The variance, if granted, will not alter the essential character of the locality. 6 The addition & project will have no negative impact on the character of the property. In fact it will tremendously improve the curb appeal by adding charm & value to the neighborhood also look nice at the lakeside for boat traffic. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. This addition does not qualify as earth sheltered. 7 8 9 Project: Front Setback Variance Request (Planning Case 2024-21) Planning Commission Review Date: January 21, 2025 60 Day Action Deadline: February 18th, 2025 Drafted By: Rachel Jeske, Planner Staff Report Date: January 8, 2025 SUMMARY OF REQUEST: The applicant is requesting a variance from Section 20-615 Lot Requirements and Setbacks for the Residential Single Family zoning district, which requires that all structures are setback a minimum of 30 feet from front property lines. The applicant is proposing a garage expansion that encroaches approximately 2 feet into the front yard setback. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. PROPOSED MOTIONS: “The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves the requested front yard setback variance for the expansion of a garage at 9119 Lake Riley Blvd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 10 9119 Lake Riley Blvd January 8, 2025 Page 2 of 5 LOCATION: 9119 Lake Riley Blvd, Chanhassen, MN 55317 (Subject Property) APPLICANT: Thompson Construction, LLC OWNER: Joan E Joyce Trust CURRENT ZONING: Residential Single- Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 0.34 Acres LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances. Chapter 20, Article 20-VII, Shoreland Management District Chapter 20, Article 20-XII, “RSF” Single-Family Residential District BACKGROUND The property is located on the west side of Lake Riley. It is a part of the Shore Acres plat, which was platted in 1951. ZONING OVERVIEW Section 20-615 Lot Requirements and Setbacks for the Residential Single Family (RSF) zoning district requires that all structures are setback a minimum of 30 feet from the front and rear 11 9119 Lake Riley Blvd January 8, 2025 Page 3 of 5 yards and 10 feet from side yards. Below is a table that displays the existing and proposed conditions of the subject property against the RSF zoning district lot requirements. RSF Existing Proposed Min Lot Area 15,000 s.f. 14,799 s.f. 14,799 s.f. Hardcover Max 30% 35.6%* 31.9% Min Lot Width 90 ft 96.4 ft 96.4 ft Min Lot Depth 125 ft 158 ft 158 ft Min Front Setback 30 ft 30 ft 27.2 ft Side Setback (north) 10 ft 15.2 ft 15.2 ft Side Setback (south) 10 ft 20.8 ft 20.8 ft Min Rear Setback 30 ft Home: 74.5 ft Home: 74.5 ft Min Bluff Setback 30 ft Driveway: 2 ft Deck: 14 ft Driveway: 32.5 ft Deck: 17 ft *Lawful nonconforming status The Subject Property is deficient in lot area as the property was established with a plat in 1951 which predates the current RSF zoning district and as a result is a lawful nonconforming lot. This is one of the city’s oldest neighborhoods and it has seen a substantial amount of turnover in housing stock leading to a blend of architectural styles. All the properties in this plat are substandard lots or are the product of the combination of substandard lots. The property has other existing nonconformities such as the hardcover, side yard setbacks for the driveway, and bluff setbacks for the driveway and deck. The applicant is proposing to decrease the hardcover and bluff setback nonconformances as a part of this project. ANALYSIS 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.” The requested variance fulfills the intent of the chapter as the proposed use of a two stall garage is a reasonable proposed use for the property with a single-family home and the garages’ minimal encroachment is found to be consistent with the comprehensive plan. 12 9119 Lake Riley Blvd January 8, 2025 Page 4 of 5 2. “When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” The property owner proposes to expand a garage to allow for an interior door between the house and the garage, which is a reasonable use of the property. The proposed two stall garage is also a reasonable proposal and can only expanded towards the front lot line due to the unique construction and age of the home. 3. “That the purpose of the variation is not based upon economic considerations alone.” The proposed variance is not based on economic considerations alone and is part of an improvement that will allow the residents to age in place. 4. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” The plight of the landowner is created by the age and substandard size of the lot as well as the age and unique construction of the home. 5. “The variance, if granted, will not alter the essential character of the locality.” The applicant has proposed a minimal expansion that is unlikely to be noticed from the right-of-way. The applicant is also proposing exterior renovations to the property that will improve the character of the home. This is one of the city’s oldest neighborhoods and it has seen a substantial amount of turnover in housing stock leading to a blend of architectural styles, which therefore will not alter the character of the neighborhood. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” The proposed garage is not an earth-sheltered construction and therefore this statement is not applicable. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action. 13 9119 Lake Riley Blvd January 8, 2025 Page 5 of 5 “The Chanhassen Board of Appeals and Adjustments approves the requested front yard setback variance for the expansion of a garage at 9119 Lake Riley Blvd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” STAFF CONDITIONS Planning Department • Building plan submittal must decrease setback and hardcover nonconformities consistently with the proposed survey. Building Dept • A building permit must be obtained before beginning any construction. • Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review Engineering Dept • No conditions. 14 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Thompson Construction, LLC, on behalf of the Joan E Joyce Trust (Property Owner) for a front yard setback variance to reduce the front yard setback to approximately twenty-seven (27) feet to allow the expansion of a garage on a property zoned Single Family Residential District (RSF) – Planning Case 2024-21. On January 21, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: Section 24, Township 116, Range 023, Subdivision SHORE ACRES, Lot 11 & Lot 12 Carver County, Minnesota. 3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The requested variance fulfills the intent of the chapter as the proposed use of a two stall garage is a reasonable proposed use for the property with a single-family home and the garages’ minimal encroachment is found to be consistent with the comprehensive plan. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 15 2 Finding: The property owner proposes to expand a garage to allow for an interior door between the house and the garage, which is a reasonable use of the property. The proposed two stall garage is also a reasonable proposal and can only expanded towards the front lot line due to the unique construction and age of the home. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The proposed variance is not based on economic considerations alone and is part of an improvement that will allow the residents to age in place. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The plight of the landowner is created by the age and substandard size of the lot as well as the age and unique construction of the home. e. The variance, if granted, will not alter the essential character of the locality. Finding: The applicant has proposed a minimal expansion that is unlikely to be noticed from the right-of-way. The applicant is also proposing exterior renovations to the property that will improve the character of the home. This is one of the city’s oldest neighborhoods and it has seen a substantial amount of turnover in housing stock leading to a blend of architectural styles, which therefore will not alter the character of the neighborhood. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: The proposed garage is not an earth-sheltered construction and therefore this statement is not applicable. 4. The planning report #2024-21, dated January 8, 2025, prepared by Rachel Jeske et al, is incorporated herein. DECISION The Planning Commission approves the requested for side yard setback variance, subject to the following conditions: 1. The proposed building setbacks shall comply with the plan prepared by Thompson Construction, LLC dated 12/19/2024. 2. Building plans must provide sufficient information to verify that the proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review 3. A building permit must be obtained before beginning any construction. 16 3 ADOPTED by the Chanhassen Planning Commission this 21st day of January, 2025. CITY OF CHANHASSEN BY: Its: Chair 17 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLINTY OF CARVER ) I, Jenny Potter, being first duly swom, on oath deposes that she is and was on January 10,2025, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice Consider a request for a front yard setback variance for the expansion of a garage at 9119 Lake Riley Boulevard. Zoned Single Family Residential' Owner: Joan E Joyce Trust, Applicant: Thompson Construction, LLC to the persons named on attached Exhibit "A"' by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Jenny , City Clerk Subscribed and this day o swo f) m to before me ,\ ^vh/ .\,o75 AMY K. WEIDMAN Notary Public-Minnesota .) 6-/\--NL Notary Public Jan 31,2027 CITY OF CHANHASSEN H 18 Tax name Tax add l1 Tax add l2 ABIGAIL L LIBSACK REVOCABLE TRUST 10700 PURDEY RD EDEN PRAIRIE, MN 55347- BRETT P CAVANAGH 9108 SUNNYVALE DR CHANHASSEN, MN 55317- CAROLYN M REESE TRUST 9117 LAKE RILEY BLVD CHANHASSEN, MN 55317- CHANHASSEN CITY PO BOX 147 CHANHASSEN, MN 55317- CHARLES E RECTOR 9107 SUNNYVALE DR CHANHASSEN, MN 55317- DANIEL A & NICOLE S MORK 340 DEERFOOT TRL CHANHASSEN, MN 55317-8604 DEBRA J BRYAN REV TRUST 9211 LAKE RILEY BLVD CHANHASSEN, MN 55317- DELBERT R & NANCY R SMITH 9051 LAKE RILEY BLVD CHANHASSEN, MN 55317-8650 DOUGLAS J & LYNETTE M WHOOLEY 9100 SUNNYVALE DR CHANHASSEN, MN 55317-8532 DUSTIN BRABENDER 9079 SUNNYVALE DR CHANHASSEN, MN 55317-8639 EDWARD MARKS 9111 LAKE RILEY BLVD CHANHASSEN, MN 55317- ERIC G & DEBRA A RAYMOND 355 PARKLAND WAY CHANHASSEN, MN 55317-7630 ERIC PETERSON 9093 SUNNYVALE DR CHANHASSEN, MN 55317- GREGORY L & KELLY R HASTINGS 9217 LAKE RILEY BLVD CHANHASSEN, MN 55317-8654 ISAAC ROBERT HAGEN 364 PARKLAND WAY CHANHASSEN, MN 55317- JAMES & JUDY STOFFEL 291 GREENLEAF CT CHANHASSEN, MN 55317-7631 JAMES G & KRISTI S ST MARTIN 9082 SUNNYVALE DR CHANHASSEN, MN 55317-8639 JEFFREY P JACKSON 300 SHOREVIEW CT CHANHASSEN, MN 55317- JOAN E JOYCE TRUST 9119 LAKE RILEY BLVD CHANHASSEN, MN 55317- JOHN G & KAREN L WEDIN 9101 SUNNYVALE DR CHANHASSEN, MN 55317-8532 JOY XIE 9131 LAKE RILEY BLVD CHANHASSEN, MN 55317- JUDITH N LEWIS 9071 LAKE RILEY BLVD CHANHASSEN, MN 55317-8650 KATHLEEN M PETERSEN REV TRUST 9203 LAKE RILEY BLVD CHANHASSEN, MN 55317- KENTARO ISHIKAWA 295 SHOREVIEW CT CHANHASSEN, MN 55317- LUCAS BAME 294 SHOREVIEW CT CHANHASSEN, MN 55317- MARK REMME 291 SHOREVIEW CT CHANHASSEN, MN 55317- MINDY MARCHEL 321 DEERFOOT TRL CHANHASSEN, MN 55317-8604 N PETER SORENSEN 301 DEERFOOT TRL CHANHASSEN, MN 55317-8604 NICHOLAS PRONGA 9124 SUNNYVALE DR CHANHASSEN, MN 55317- NICOLE JOYNT 9113 SUNNYVALE DR CHANHASSEN, MN 55317-8532 NORMAN C JR & KIMBERLY GRANT 9021 LAKE RILEY BLVD CHANHASSEN, MN 55317-8650 PETER DAVID MCINTOSH 287 GREENLEAF CT CHANHASSEN, MN 55317-7631 19 PHILLIP J SOSNOWSKI PO BOX 490 CHANHASSEN, MN 55317-0490 RANDEL WEIGMAN 367 PARKLAND WAY CHANHASSEN, MN 55317- REV TRUST AGREEMENT OF JOAN M LUDWIG 9005 LAKE RILEY BLVD CHANHASSEN, MN 55317-8650 RICHARD D & JOANNE S SENGER 300 DEERFOOT TRL CHANHASSEN, MN 55317-8604 RICHARD D OLIN LIV TR 9125 LAKE RILEY BLVD CHANHASSEN, MN 55317-8652 ROB NICHOLSON 9101 LAKE RILEY BLVD CHANHASSEN, MN 55317-8652 ROBERT J & KATHY J BEERY 9132 SUNNYVALE DR CHANHASSEN, MN 55317-8532 SAMBI R TEYYAGURA 9116 SUNNYVALE DR CHANHASSEN, MN 55317- STEVEN P & SANDRA L NORDLING 281 GREENLEAF CT CHANHASSEN, MN 55317-7631 SUNNYSLOPE HOMEOWNERS ASSN 9241 LAKE RILEY BLVD CHANHASSEN, MN 55317-8654 THE REDDY LIVING TRUST 320 DEERFOOT TRL CHANHASSEN, MN 55317- TONY SHEN 9219 LAKE RILEY BLVD CHANHASSEN, MN 55317-8654 VAN K LEE 301 SHOREVIEW CT CHANHASSEN, MN 55317- 20 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING Date & Time: Tuesday, January 21, 2025 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a request for a front yard setback variance for the expansion of a garage. Applicant: Thompson Construction, LLC Property Location: 9119 Lake Riley Boulevard A location map is on the reverse side of this notice. 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 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 for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project documents before the meeting, please visit the city’s proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-want-to/subscribe Date & Time: Tuesday, January 21, 2025 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a request for a front yard setback variance for the expansion of a garage. Applicant: Thompson Construction, LLC Property Location: 9119 Lake Riley Boulevard A location map is on the reverse side of this notice. 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 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 for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project documents before the meeting, please visit the city’s proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-want-to/subscribe 21 Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. «Tax_name» «Tax_add_l1» «Tax_add_l2» Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. «Next Record»«Tax_name» «Tax_add_l1» «Tax_add_l2» Subject Parcel Subject Parcel 22