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1 Variance 7500 Erie DriveCITY OF STAFF REPORT BOA DATE: 3/10/97 CC DATE: CASE#: 97-1 VAR By: Kh'choff:v Z PROPOSAL: LOCATION: P',PPLICANT: A 24.5 foot variance from the bluff setback fbr the construction of a single family home and deck. '- Erie Drive; Lot 2, Block I, Hiscox Addition Andrew and Catherine Hiscox 7500 Erie Drive Chanhassen, MN 55317 937-2500 ttJ Pi IESENT ZONING: ACREAGE' D~NSITY: ADJACENT ZONING AND LAND USE: W-~TER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: RSF, Single-Family Residential Districl 38,400 square feet (.88 acres) N/A N- RD, Lotus Lake S - PUDR, Residential Planned Unit Development; RSF, Single Family Residential E- PUDR, Residential Planned Unit Development W- RSF, Single-Family Residential Available to the site. Will be extended from the cul-de-sac to the residence upon the issuance of a building permit. The northerly portion of the lot contains extreme topography. The site is a riparian lot on Lotus Lake. Low Density Residential 6800 6900 7OO0 7100 State Hw I.L $ L'L. '?l. ' /~th qt .:. :Chanhassen Estates 7200 7300 7 4 0 0 ~:"~ 0 oO : ~ 77th St ~ ~ Lake0 ~ ~ 8100 8200 8300 8400 2 75 76 77 78 80 79 '_-Iiscox Variance March 10, 1997 ?age 2 ~PPLICABLE REGULATIONS ~M-ticle XXVII Bluff Protection, Section 20-1401 of the City Code requires all structures, including r_ecks, to maintain a minimum of a thirty (30) foot setback from the top of the bluff (Attachment 3). ~ACKGROUND On October 28, 1996, the City Council approved the £mal plat for Hiscox Addition, a three lot s~bdivision, after nearly 10 years of trying to get clear title. The final plat approval was subject to 1t conditions. Single-family homes are located on lots 1 and 3, so many of the conditions pertain directly to the development of lot 2, the subject property. The most relevant condition being n~mber 9 which states that, "The top of the bluff is designated at the 958 contour. Development of tkis site is governed by the City's Bluff Protection Ordinance. A survey of the property locating the 958 contour shall be submitted as part of the building permit application for Lot 2, Block 1, Hiscox Addition" (Attachment 1). F'~rthermore, the staff report found that the subdivision met all the requirements of district and "the p_'oposed site is suitable for development subject to the conditions specified in this report" (^ttachment 2). A~NALYSIS T.~e applicant is requesting a 24.5 foot variance from the setback of the top of the bluff to construct a single family residence and deck. The residence is proposed to be constructed 11 feet from the to~ of the bluff and the deck 5.5 feet from the top of the bluff. The ordinance requires all structures be set back 30 feet from the edge of the bluff. The top of the bluff is denoted as the 958 foot contour line on the site plan. D ~ring the replatting process, the applicant was made aware of the Bluff Protection Ordinance. However, the applicant believes that this location will allow a greater view of Lotus Lake, improve ne2ghborhood aesthetics and offer additional space for storage. The applicant stated that this pr.~posal should be grandfathered in because the replatting process started prior to the ordinance arr.endment. Only structures that are existing can be grandfathered in. Although the applicant has spent a substantial amount of time and money on this proposal, staff believes that more appropriate op:ions are available for both the location and design of the home. (Note: A similar home design is located at 3185 Canyon Road, Chaska.) The home could be shifted closer to the front lot line. The si~ plan indicates that the residence is located 42 feet from the front lot line, when the ordinance on_y requires 30 feet. However, if the proposed home is constructed at the minimum front yard seDack, a variance would still be required. Hiscox Variance March 10, 1997 Page 3 According to the applicant, the bluff protection ordinance has created an undue hardship because it is prohibiting them from constructing the home of their choice. An "'u~due hardship' mea~s the properO, ca~ot be put to reasonable use because of its size, physical surrou~dings, shape or topography." The property can be put to a reasonable use as a home could be constructed similar in design and size as those located within 500 feet. Not being able to construct a 2,600+ square foot home does not constitute a hardship. A home should be designed to suit the property, not the other way around. Grading/Drainage The proposed grading plan is fairly consistent with the preliminary plat of Hiscox Addition and the drainage plan conforms with the neighborhood drainage pattern. Relocating the home closer to the front lot line will also maintain the correct drainage and site grades. Landscaping and Tree Removal If the variance is granted, the applicant will be removing trees that otherwise would be outside of the grading limits and therefore preserved. The proposed home will encroach upon the existing slope vegetation and increase the amount and speed of runoff in that area due to the additional impervious surface. It is important that the vegetation on the slope be maintained in its current state in order to slow runoff into the lake and reduce erosion on the slope. The applicant will not be allowed to remove trees or other vegetation on the bluff as stated in the ordinance. In order to maintain the health of the existing vegetation and its ability to protect the lake from runoff and erosion, staff recommends the applicant be prohibited from any type of grading that would attempt to level off the rear yard. Staff recommends denial of the variance based on the findings presented in the staff report. 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: ao That the literal enforcement of this chapter would cause 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. Hiscox Variance March 10, 1997 ~age 4 : Finding: The Bluff Protection Ordinance is not responsible for their hardship. The subject property can be put to a reasonable use without the variance. The applicant does have other options in terms of home location. The home could be shifted to the front of the property as the home is setback 42 feet from the property line. If the structure is shifted as far as possible to the south and west, then a variance would only be required for a portion of the deck and porch. However, the applicant believes that this would disrupt the front yard view for the adjacent home. The roof could be redesigned so that this property would have an acceptable front yard view. The house design could be altered to fit in the buildable area or the applicant could select a more suitable design. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which a petition for a variance is based are not generally applicable to other property within the same zoning classification. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty or hardship is self-created. As staff mentioned previously, the residence should have been designed to suit the property's topography. The Bluff Protection ordinance did not create the hardship. This ordinance was created to protect the bluffline as well as the property owner. eo 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 intent of the ordinance is to protect property from erosion, decrease the visibility to surrounding properties, preserve the natural character of the land and protect the health, safety and welfare of the citizens. Approval of the variance request will allow a portion of a structure to be constructed within the bluff protection area. Disturbance from the construction of the residence and modified drainage patterns could lead to bluffline erosion. 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 Hiscox Variance March 10, 1997 Page 5 of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: 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. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals recommends the denial of a 24.5 foot variance based upon the findings presented in the staff report and the following: , The applicant has not demonstrated a hardship that would warrant the granting of a variance. The applicant has a reasonable opportunity to construct a single family home. The variance is inconsistent with the purpose and findings of the bluff protection ordinance." Should the Board of Adjustments and Appeals approve the variance, the following conditions shall apply: 1. Applicant must install tree fencing at the grading limits prior to excavation. No equipment or storage of materials will be allowed in the protected area. 2. No vegetation removal will be allowed in excess of the grading limits. No vegetation removal will be allowed on the bluff. 3. No grading will be allowed in the rear of the proposed home that will attempt to create a level yard. ATTACHMENTS 1. Letter from Bob Generous to Andrew Hiscox dated October 29, 1996 2. Staff report dated January 27, 1994 3. Bluff Protection Ordinance 4. Application and letter from applicant 5. Home elevations 6. Property owners 7. Site Plan 8. Staff Revised Home Layout October 29, 1996 CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 Mr. Andrew Hiscox 7500 Erie Avenue Chanhassen, MN 55317 Dear Mr. Hiscox: T~is letter is to confirm that on October 28, 1996 the City Council approved the final plat for H'.scox Addition (Sub #87-31) subdividing 2.8 acres replatting parts of Lots 14 and 15, and all of Lot 16, Auditor's Subdivision Number 2, and Lot 7, Block 4, South Lotus Lake Addition which am currently two lots into 3 single-family lots subject to the following conditions: The driveway access to Lot 2 shall be constructed to direct runoff away from the building. Drainage swales shall be constructed to convey runoff around both sides of the proposed building to maintain the neighborhood drainage pattern through the parcel. . . . Type I erosion control should be installed on Lot 2 prior to construction and maintained until the site is fully revegetated. Upon issuance of a building permit for Lot 2 and payment of the applicable connection hookup fees, the city will extend the sewer and water service to the southerly property line for the applicant or property owner to connect on to. An existing overhead power line should be relocated underground along the common property line between Lots 1 and 2 within the dedicated drainage and utility easement. o o Final plat shall dedicate a 20-foot wide drainage and utility easement centered over the existing 15-foot wide sanitary easement through Lots 1, 2 and 3.. The applicant shall provide the city with a $400.00 cash escrow account for review and recording of the final plat by the City Attorney's office. Mr. Andrew Hiscox October 29, 1996 Page 2 , A tree removal plan shall be submitted for city approval prior to the issuance of a building permit for access to the lake. , Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures is permitted below the 958 contour. 9~ The top ofbluff'is designated at the 958 contour. Development of the site is governed by the City's Bluff Protection Ordinance. A survey of the property locating the 958 contour shall be submitted as part of the building permit application for Lot 2, Block 1, Hiscox Addition. i0. Park and trail fees are required of this development. One-third (1/3) of such fees shall be payable at the time of final platting. Park and trail fees shall be payable at the time of building permit application at the rate in force at that time, less any fees paid at the time of platting. 11. Individual grading, drainage, erosion control, and tree removal plans for Lot 2 shall be submitted to the City for review and approval prior to issuance of the building permit. Two mylar copies of the final plat with two 1"=200' and one 1"=500' scale mylar reductions of the final plat should be submitted to our office for signatures along with all fees, and easements required. Should you have any questions, please feel free to contact me. Sincerely, Robert Generous, AICP Senior Planner BG:v C~ Dave Hempel, Asst. City Engineer Steve Kirchman, Building Official g:\plan\bg\hiscox.4e 31TY OF STAFF REPORT DATE: 2/2/94 CC DATE: 2/28/94 CASE #: 87-31 SUB I PROPOSAL: L.3CATION: A .~PLICANT: Applicant is requesting preliminary plat approval to replat parts of Lots 14, 15, and 16, Auditor's Subdivision Number 2 and Lot 7, Block 4, South Lotus Lake Addition into three (3) single-family lots and vacation of a 33 foot right-of-way. 7500 Erie Avenue Andrew Hiscox 7500 Erie Avenue Chanhassen, MN 55317 I.tJ P~ESENT ZONING: I [ ACREAGE: D2NSITY: ADJACENT ZONING AI ID LAND USE: Single Family Residential (RSF) 2.8 acres 1.05 units per acre N - Lotus Lake S - RSF, single family E - PUD-R, South Lores Lake Addition W- RSF, single family WATER AND SEWER: Municipal services are available PI YSICAL CHARACTER.: Site contains severe topography toward the lake. 20{ 0 LAND USE PLAN: Low Density Residential (1.2 - 4.0 units per acre) FOXTAIL RD I. 0 TU$ RSF 66' 67( -68( 69C ¸lOP l, UD L ,4 KE · 70C 1I RRF - - 710( R ~ 720 : ~ 740O Kiscox Subdivision January 27, 1994 l~age 2 L~ROPOSAL/SUMMARY Re applicant is proposing the replatfing of portions of three lots from parcels in two subdivisions ir order to create three waterfront lots on Lotus Lake which meet all the City Code requirements. T~e proposed lot sizes exceed the minimum requirement of the Shoreland Ordinance for lots on recreational development lakes. The proposed lot widths equal or exceed the 75 foot minimum l~e frontage requirement. Lot width requirements at the cul-de-sac are also met. This snbdivision will create a lot for one additional home at the end of the cul-de-sac. The applicant is~ also proposing the vacation of a 33 foot roadway easement extending from the Erie Avenue c fi-de-sac to Lotus Lake. The site contains extreme topography from the edge of the tree line which begins at a)proximately the 958 contour. The first one-third of the site is somewhat flatter and, therefore, tke proposed building pad is located in this area in front of the existing wooded area. Erosion control for Lot 2 is indicated on the preliminary plat at approximately the 958 contour. The Shoreland Ordinance prohibits the clearcutting of vegetation within the shoreland area of a r~creational lake. Limited vegetative clearing, cutting, pruning, and trimming to provide a view o~ the water from the principal dwelling and to accommodate the placement of stairways and lamdings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures is permitted. Therefore, it is recommended that a tree removal plan be submitted for city approval prior to the issuance of a building permit for access to the lake. S'~tff is recommending approval of the preliminary plat subject to the conditions contained in this r4port. Bfi. CKGROUND The initial proposal for this subdivision began in August 1987. However, the applicant withdrew t~ application prior to a final decision on the preliminary plat by City Council. This withdrawal was to permit the completion of the Torrens proceedings for the property. The subject parcel is composed of two parcels from two existing subdivisions. The existing home on the eastern portion of the site, proposed Lot 3, is described as Lot 7, Block 4, South Lotus Lake Addition, w.~ich was platted concurrent with the approval of the South Lotus Lake plat. The western portion of the site, proposed Lots 1 and 2, is described as a part of Auditor's Subdivision Namber 2. An Auditor's Subdivision means that the Carver County Auditor proceeded to plat properties because of the confusion created by numerous metes and bounds descriptions. The original owner of the lots in Auditor's Subdivision Number 2 conveyed a number of metes and bounds splits which have caused confusion as to lots line locations and property descriptions. Further complicating the description of the property is the existence of a "ghost" plat that was prepared in 1957 but was never filed at the Carver County Recorder's Office. Hiscox Subdivision January 27, 1994 Page 3 LANDSCAPING/TREE PRESERVATION The northerly portion of the lots contain steep slopes and a variety of trees. The Shoreland Ordinance prohibits the clearcutting of vegetation within the shoreland area of a recreational lake. Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures is permitted. Therefore, it is recommended that a tree removal plan be submitted for city approval prior to the issuance of a building permit for access to the lake. The two spruce trees located in the front yard of proposed Lot 2 meet the subdivision requirements for landscaping and, if preserved, no additional trees will be required. GRADING/DRAINAGE The property is located on the south side of Lotus Lake, east of Frontier Trail and north of Erie Avenue. According to the City's Wetland Inventory, this site does not contain wetlands, therefore, a wetland alteration permit application is not necessary. The proposed lots of which two are already constructed on (Lots 1 and 3) are situated so the drainage pattern flows over land... from Erie Avenue to Lotus Lake. Lot 2 is proposed to accommodate a walkout-type stmctur_6. which is best suited for the lot. Only minimal grading is anticipated to accommodate the proposed dwelling. Staff recommends drainage swales be constructed around both sides of the proposed dwelling to maintain the neighborhood drainage pattern through the parcel. The house pad for Lot 2 is proposed to be lower than Erie Avenue. Thus, the drainage from the proposed driveway will have to be diverted away from the building at the garage entrance. The driveway should be constructed to direct runoff away from the building. Erosion control fence is proposed along the downstream side of the proposed house footprint. Staff recommends Type I erosion control fence be employed during construction of the dwelling. Due to the steep slopes, the site should be restored as soon as possible after construction with either sod or erosion control blanket to minimize erosion and sedimentation. A second set of erosion control fencing may be necessary at the toe of the slope if weather conditions are conducive to high runoff rates into Lotus Lake. The northerly portion of the lots contain steep slopes and a variety of trees. In a previous subdivision, i.e. South Lotus Lake Addition, the City required dedication of a slope/preservation or conservation easement over much of the wooded slopes to maintain vegetation and prevent erosion problems. This type of preservation easement would also be a benefit on this parcel. UTILITIES/EASEMENTS Municipal sewer and water service is available to the site from Erie Avenue. The existing homes on Lots 1 and 3 are akeady connected to municipal sewer and water. Currently, no sewer or Kiscox Subdivision · _ January 27, 1994 Page 4 viater service stub is available to Lot 2. However, the City would extend a sewer and water s:~rvice to the property line from Erie Avenue after issuance of a building permit and payment o_~ the applicable connection and hookup fees. These fees are calculated and adjusted yearly by t['.e City's Finance Department. ,aCcording to the survey, an existing overhead power line intersects Lots 1 and 2. It may be prudent at this time to relocate this power line underground along the common property within a :dedicated utility and drainage easement to resolve the current situation on Lot 1 and avoid f[~ture problems on Lot 2. A: 15-foot wide sanitary sewer easement exists through the northerly portion of Lots 1,2 and 3. S aff recommends that the final plat dedicate a 20-foot wide drainage and utility easement centered over the existing 15-foot wide sewer easement to provide sufficient room for n~intenance. The typical 5-foot side and 10-foot front and rear drainage and utility easement skould also be dedicated on the f'mal plat. P.bRK AND TRAIL DEDICATION A.proposed ten foot trail easement is provided across Lot 1 to provide access for the beach lot l~ated to the north of this site. However, this trail is something that the developer is providing fo.-. the homeowners association and is not being required by the city. Therefore, no trail fee credits shall be provided. Pexk and trail fees shall be as established by city ordinance. One-third (%) of such fees shall be payable at the time of final platting. Park and trail fees shall be payable at the time of building p~mit application at the rate in force at that time, less any fees paid at the time of platting. STREETS/ACCESS The plat is serviced by Erie Avenue which is constructed to city urban standards. Erie Avenue is a local street consisting of a cul-de-sac approximately 1,100 feet in length. M~, SCELLANEOUS A development contract will~ be necessary for final plat approval. The applicant should ho~ever provide a cash escrow of $400.00 to the city for review and recording of the final plat by the City Attorney's office. Hiscox Subdivision January 27, 1994 Page 5 COMPLIANCE TABLE REQUIRED BY CODE PROPOSED Lots Area Frontage Depth 20,000 sq ft 90 feet 125 feet 37,250 - 46,750 sq ft 90 - 125 ft at building setback 133.72- 396 ft Setbacks Front Rear Sides Shoreland 30 ft 3O ft 10ft 75ft 30 ft 30 ft 10ft 130 ft FINDINGS The proposed subdivision is consistent with the zoning ordinance; .Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District. 2~ The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. , The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Findina: The proposed site is suitable for development subject to the conditions specified in this report. , The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Hiscox Subdivision ~anuary 27, 1994 ?age 6 Finding: The proposed subdivision will not cause environmental damage subject to conditions if approved. The proposed subdivision will not conflict with easements of record. Findine: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. The proposed subdivision is not premature. following exists: A subdivision is premature if any of the ae Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. I~..LANNING COMMISSION UPDATE Ttae Planning Commission held their public hearing on February 2, 1994. The only issues that warranted discussion were the status of the Torrens proceedings and a question why a c >nservation easement was not recommended. The Torrens proceeding should be completed prior tc the City Council hearing and will resolve the legal boundary issue. Staff believes that the sl'.oreland regulations adequately protects the existing trees and the condition recommended as pllrt of the approval will be sufficient. Additionally, a conservation easement would prohibit the applicant from doing any clearing below the 958 contour including lake view corridors and stairways down to the lake. T~e Planning Commission recommended approval of the preliminary plat for the Hiscox addition s['bject to the ten conditions included in the staff report with the addition of an eleventh condition that the Torrens proceedings be resolved prior to the final platting of the subdivision. ReCOMMENDATION (Note: Planning Commission added condition number 11. Staff is proposing an addition to the crmdition for clarification.) I S~ff recommends that the City Council adopt the following motion: "The City Council approves the preliminary plat and final plat (case #87-31 SUB) of 2.8 acres of land and the vacation of the 33 foot wide road easement to create three (3) single family lots su >ject to the following conditions: Hiscox Subdivision January 27, 1994 Page 7 le The driveway access to Lot 2 should be constructed to direct runoff away from the building. Drainage swales should be constructed to convey runoff around both sides of the proposed building to maintain the neighborhood drainage pattern through the parcel. 4 Type I erosion control should be installed on Lot 2 prior to construction and maintained until the site is fully revegetated. Upon issuance of a building permit for Lot 2 and payment of the applicable connection hookup fees, the city will extend the sewer and water service to the southerly property line for the applicant or property owner to connect on to. 4, An existing overhead power line should be relocated underground along the common property line between Lots 1 and 2 within the dedicated drainage and utility easement. Final plat shall dedicate a 20-foot wide drainage and utility easement centered over the existing 15-foot wide sanitary easement through Lots 1, 2 and 3. The final plat shall dedicate 5-foot wide side yard and 10-foot front and rear drainage and utility easements on each lot. Se The applicant shall provide the city with a $400.00 cash escrow account for review and recording of the final plat by the City Attorney's office. Additionally, a development contract containing these conditions shall be entered into between the developer and the city and be recorded with the final plat. e A tree removal plan shall be submitted for city approval prior to the issuance of a building permit for access to the lake. 8, Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures is permitted below the 958 contour. 9. The house pad shall be limited to an area above the 958 contour. 10. Park and trail fees are required of this development. One-third (l/a) of such fees shall be payable at the time of final platting. Park and trail fees shall be payable at the time of building permit application at the rate in force at that time, less any fees paid at the time of platting. 11. The Torrens proceedings must be completed and be resolved based on the legal descril~tion used for this subdivision prior to submission of the mylars for signatures." Hiscox Subdivision ~anuary 27, 1994 ~age 8 Attachments: 1. Project Location Map 2. Development Review Application 3. Reduced Preliminary Plat 4. Memo from Dave Hempel and Diane Desotelle dated 1/18/94 5. Letter from Robert C. Obermeyer dated 12/20/93 6. Public Hearing Notice and Mailing List 7. Planning Commission minutes dated 2/2/94. ZONING § 20-1402 ARTICLF, XXVIII. BLUFF PROTECTION Sec. 20-1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the ch~aracter of the bluff impact zone within the city, alteration to land or vegetation within will not be permitted except as regulated by this article and by the regulations of the underlying zoning district where the property is located. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, decks and accessory buildings, except stair- ways and landings, are prohibited on the bluff and must be set back from the top of the bluff and toe o£ the bluff at least thirty (30) feet. (b) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the thirty-foot setback. (Ord. No. 152, § 2, 10-14-91) Sec. 20.1402. Stairways, lifts and landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways and lifts must receive an earthwork permit and must meet the following design requirements: (1) Stairways and lifts may not exceed four (4) feet in width on residential lots. Wider stMrways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Reserved. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots. (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards of sub- items (1) to (5) are complied with. (Ord. No. 152, § 2, 10-14-91; Ord. No. 218, § 1, 8-22-94) Supp. No. 7 1273 § 20-1403 CHANHASSEN CITY CODE Sec. 20-1403. Removal or alteration of vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view from the principal dwelling site and to accommodate the placement of stairways and landings and access paths. Removal or alteration of vegetation must receive prior approval of the planning director or designee. An on-site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1404. Topographic alterations/grading and filling. An earthwork permit will be required for the movement of more that ten (10) cubic yards of material within bluff impact zones. The permit shall be granted if the proposed alteration does not adversely affect the bluff impact zone or other property. ToPographic alterations/ grading and filling within the bluff impact zone shall not be permitted to increase the rate of drainage..The drainage from property within the bluff impact zone may not be redirected without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1405. Roads, driveways and parking areas. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff impact zones when other reasonable and feasible placement alternatives exists. If no alternatives exist, they may be placed within these areas, and must be designed to not cause adverse impacts. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1406. Reserved. Editor's note-Section 2 of Ord. No. 218, adopted Aug. 22, 1994, deleted former § 20-406, pertaining to the official bluff impact zone map, derived from Ord. No. 152, adopted Oct. 14, 1991. Sec. 20-1407. Reconstruction of lawful nonconforming structures. Lawful nonconforming structures that have been damaged or destroyed may be recon- structed provided that it is reconstructed within one (1) year following its damage or destruc- I t ion and provided the nonconformity is not materially increased. (Ord. No. 152, § 2, 10-14-91) Sees. 20.1408-20-1449. Reserved.- I Supp. No. 7 1274 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ADDRESS: -~ ~-00 ~ TELEPHONE (Day time) OWNER: ADDRESS: TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Interim Use Permit Non-conforming Use Permit Vacation of ROW/Easements -~-~.L '(- 'c Variance .~ ~C~ ~3' ;r. Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning ,, Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Subdivision* Escrow for Filing Fees/Attorney Cost** ($50 CU P/SPR/VAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. W~'DS PRESENT YES '~ NO 2RESE~T ZONING I~.~ ~ EaUE E ZO Na USE EaGNAT ON F EaU ED ES SN, ON This appl~ation must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans ~equired 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. determiration of completeness of the application shall be made within ten business days of application submittal. A written of a:)plication deficiencies shall be mailed to the applicant within ten business days of application. Thi~ is to r~rtify that I am making application for the described action by the City and that I am responsible for complying with all City reqJirements with regard to this request. This applicat, ion 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 O~ner'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. 1 will keep! myself informed of the deadlines for submission of material and the progress of this application. I further understanc' that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorizati~ to proceed with the study. The documents and information I have submitted are true and correct to the best of my ~mowle~'ge. The city h~eby notifies the applicant that development review cannot be completed within 60 days due to public hearing requiremems and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension .3r development review. Development review shall be completed within 120 days unless additional review extensions ~are approved by the applicant. Signature o2 Applica, qt Date ,~ ' ~ ' (~, -,' .-' Signature e~ Fee Owner Date Application Received on ~'~'",~ ,-~"~ Fee Paid ~ ~'~' ~ Receipt No. ~/~7~'~',~' _ 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. : i Andrew & Catherine Hiscox 7500 Erie Avenue Chanhassen, MN 55317 February 19, 1997 Ms. Kathryn Aanenson City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 R.e~ Request for Variance to 30 Foot Bluff Setback Ordinance Concerning Proposed Lot 2, Hiscox Addition Dear Ms. Aanenson: We respectfully submit to the Board of Adjustments our request for a variance to the 30 foot bluff setback ordinance. Also enclosed is a Certificate of Survey showing the proposed house pad and floor elevations for your perusal. As you are well aware, we have come a long way in our quest to build a home in Chanhassen. We purchased the property at 7500 Erie Avenue in 1985, with the intent of subdividing the land and building our "dream home". After finally getting the property registered in September, 1996, and ultimately receiving Final Plat approval from the City in October 1996, we are faced with yet another setback. Thus our request for the granting of this bluff setback variance. It has been a long and tiring ten + years since the beginning of this process. We have worked hard and spent tens of thousands of dollars to get to this point today. We have already scrapped our original houseplan (drawn up in 1993 for over $5,000 with many, many wasted hours ) because of this new bluff ordinance, which we became aware of only because our neighbor to the west (DeLancey) was before the Council to request permission for development of his land. We think our plan should have been grandfathered in due to our extenuating circumstances, but we decided that it was not worth the effort to continue to pursue the issue based on conversations with you and your staff Since that time, we have worked with a new architect and have selected a 2-story walk-out plan to attempt to fit an acceptable home on our lot. We have come tO realize that the 30-foot rear setback is causing us undue hardship and will not allow us to build the plan we want without a variance. We feel that the new house will blend into the existing neighborhood and better align with the adjacent homes, by being placed further back onto the lot than the ordinace allows. This would also allow us to build a large enough garage to meet our needs for vehicles and storage. Drainage and erosion control will not be an issue, as the natural slope of the land will direct runoff toward the western portion of the lot, which gradually slopes downward. No vegetation will be harmed by moving the housepad back, as the tree line follows ~l~ls. Kathryn Aenenson !~February 19, 1997 Page 2 _ ':he 958 contour. It is our intention to maintain the existing topography as it is today. It should also be noted that the existing housepad will be more than 250 feet from the shoreline. ~.f we would have been able to build at the outset, this new ordinance wouldn't have been an issue and we wouldn't be before you now asking for your approval of this request. The problem we :'ace now is that we have worked long and hard to get to this stage, but still cannot build a home :hat meets our needs without this variance. We have realized that with the growth of the suburbs :t is hard to maintain the "hometown feeling", but Chanhassen has been able to maintain that ~ ~eling. That is the reason we have persevered when most people would have given up long ago. i Yt would be a different issue if we were commercial developers, out to profit from this exercise. We are simply asking the City to help us realize our dream we have fought so hard for. I/you have any questions or would like further information, please contact us at 937-2500. ~incerely, Andrew & Catherine Hiscox e~closures I I NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS Monday, March 10, 1997 at 6:15 p.m. City Hall Council Chambers 690 Coulter Drive SUBJECT: Bluff Setback Variance APPLICANT: Andrew and Catherine Hiscox LOCATION: 7500 Erie Avenue NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Andrew and Catherine Hiscox, are requesting a 24.5 foot variance to the 30 foot required bluff setback to allow a single family residence and deck to be located 11 ft. and 5.5 ft from the edge of the bluff on property zoned RSF and located at 7500 Erie Avenue, Lot 2, Hiscox Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. 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 February 27, 1997. Owner Ownadr Loc&tion ;. ROGER & M~RJORIE L KARJALAHTI 7413 FRONT, ER TRL CHANHASS~N, MN 55317 9722 -: RICHARD J ~ILLESPIE & MICHELE M KOPFMANN 7415 FRONT-ER TRL CHANHASSE%I, MN 55317 WALTER A & ::AMELA L CZERMINSKI 7417 FRONTI ER TRL CHANHASSEN, MN 55317 ANDREW A HISCOX 7500 ERIE AVE CHANHASSEN, MN 55317 9715 SUSAN C HOFF 221 FRONTIER CT CHANHASSEN, MN 55317 BRADLEY C & MARY L JOHNSON 7425 FRONTIER TRL CHANHASSEN, MN 55317 9724 KELLY E & MELISSA A LYNK 7501 ERIE AVE CHANHASSEN. MN 55317 CITY OF CHANHASSEN CIO CITY TREASURER 690 COULTER DR PO BOX 147 CHANHASSEN, MN 55317 0147 GARY R & MINNA L MILLER 7632 SOUTH SHORE DR CHANHASSEN, MN 55317 JAMES A & ROSEANNE BOYUM 7531 ERIE AVE CHANHASSEN, MN 55317 PERRY M RYAN 7648 SOUTH SHORE DR CHANHASSEN, MN 55317 9441 WILLIAM & PETER DAHL & KATHERINE S WAGNER 220 FRONTIE ~ CT CHANHASSEN, MN 55317 ! t GREGORY D -,, DEBALEE R GRAY 200 FRONTIER CT CHANHASSEI~, MN 55317 WILLIAM & 201 FRONTIER CHANHASSEN, KIRKVOLD CT MN 55317 TED HARVEY DELANCEY PO BOX 24 CHANHASSEN MN 55317 0024 ROLAND C & CYNTHIA M PO-I-FER 7644 SOUTH SHORE DR CHANHASSEN MN 55317 TED HARVEY DELANCEY PO BOX 24 CHANHASSEN MN 55317 0024 ANTHONY T & MARY E DOPPLER 7508 ERIE AVE CHANHASSEN, MN 55317 ROBERT W & DEANN L HUBERT 7561 ERIE AVE CHANHASSEN, MN 55317 RICHARD J GILLESPIE & MICHELE M KOPFMANN 7415 FRONTIER TRL CHANHASSEN, MN 55317 FRONTIER TR,~IL ASSN C/O WILLIAM KIRKVOLD 201 FRONTIER!CT CHANHASSEN, MN 55317 EARL & M MCALLISTER 7510 ERIE AVE CHANHASSEN MN 55317 9715 SCOTT A & REBECCA R ELLERAAS 7591 ERIE AVE CHANHASSEN, MN 55317 JOGESH & MENAKA WARRIOR 7423 FRONTIER TRL CHANHASSEN, MN 55317 THOMAS W & PAMELA C DEVINE PO BOX 714 CHANHASSEN. 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