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2 Variance 6631 Horseshoe CurveCITY OF BOA DATE: 8/12/96 CC DATE: CASE #: 96-7 Variance STAFF REPORT I PROPOSAL: LOCATION: A fifteen (15) foot lakeshore variance request for the construction of a 22 x 30 home and a 24 x 24 attached garage addition. 6631 Horseshoe Curve APPLICANT: Harold and Kathy Dahl 6331 Horseshoe Curve Chanhassen, MN 55317 (612) 376-4767 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE: WATER AND SEWER: · . PHYSICAL CHARACTER: 2000 LAND USE PLAN: RSF, Residential Single Family Approximately ~ of an acre N/A N- RSF, Residential Single Family S - RD, Recreational Development, Ix)ms Lake E - RSF, Residential Single Family W- RSF, Residential Single Family Available to the site . The property Contains all existing single ..approximately fifty (50) from the lakeshore. Low Density Residential family home located OLLIQaV ~nlO'l I II , ~/4r~~ / i; ,/., ~ ~.o 3AJ¥O 3AIIdQ " Harold Dahl August 12, 1996 Page 2 APPLICABLE REGULATIONS Section 20-481 of the City Code states that structures shall be setback a minimum of 75 feet from the ordinary high water level. BACKGROUND Harold and Kathy Dahl are requesting a variance from the lake setback for the construction of a 22 x 30 foot home addition and a 24 x 24 foot garage addition. The existing home is approximately 50 feet from the lake and is located on aA of an acre parcel. The home was built as a cottage in 1917. In 1950, the home was made into a permanent residence by adding a second story to the existing cottage. The following variances have been granted on Horseshoe Curve: Var. # Location Twe of Variance 91-9 87-14 87-3 85-22 85-2 6605 Horseshoe Curve 6691 Horseshoe Curve 6681 Horseshoe Curve 6655 Horseshoe Curve 6697 Horseshoe Curve 17' lakeshore setback variance for the construction of a deck 19.6' front yard setback variance for the construction of a garage addition 6' side yard setback variance for the construction of a garage addition. 8' front yard setback variance for the construction of a single family home 9' side yard setback variance for the construction of a home addition ANALYSIS The applicant has demonstrated a hardship in the size and location of the existing structure. The existing building pad measures 30 x 30 feet with no basement, and is located approximately 50 feet from the lake. The design of the proposed addition minimizes the encroachment into the required setback by offsetting the addition away from the lake. Only a small comer of the addition will encroach into the seventy-five (75) foot setback requirement. The aA of an acre parcel easily accommodates the proposed addition without overcrowding the lakeshore or negatively impacting adjacent properties. Existing vegetation will help screen the proposed addition from the lake and surrounding properties. Tree removal should be kept to a minimum as a result of the construction activity. If the applicant wishes to save the large oak tree on the northeast side of the home, care should be taken to avoid compacting the root zone of the tree. Red Oaks are sensitive to soil compaction and will not survive if heavy equipment is used near the tree. Harold Dahl August 12, 1996 Page 3 Staff recommends approval of the variance. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following fa, ts: a. bo Ce e, 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. Finding: The applicant has identified a hardship in the size and location of the existing building. Currently, the house pad measures 30 x 30 with no basement, and is located 50 feet from the lake. The proposed addition appears to be a reasonable request based on the size of the lot and compared to similar properties within 500 feet. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: A unique situation is present in the location and size of the existing home. Other, properties appear to meet the lake setback requirement. 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 appears to be based upon a desire to enjoy a reasonable use of the property. Converting an existing cottage to a year round home will give the applicant a reasonable use of the property. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created as the structure was constructed prior to the adoption of 'the' City's zoning ordinance..'' .~ · . 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. Harold Dahl August 12, 1996 Page 4 Finding: The ~A of an acre parcel easily accommodates the proposed addition without further impacting the lake or adjacent properties. 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 increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed addition will not impair an adequate supply of light or air to adjacent property or negatively impact public safety. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board recommends approval of a fifteen (15) foot lake shore variance based on the findings presented in the staff report. More specifically, the Board finds the following: 1. The applicant has identified a hardship in the location and size of the existing structure. 2. The hardship is not self-created as the structure was constructed prior to the adoption of the City's zoning ordinance. 3. The applicant has minimized the need for a variance by offsetting the addition to provide a greater setback. 4. The addition will not negatively impact the lake or adjacent properties." ATTACHMENTS 1. Letter from the applicant dated July 10, 1996 2. Application dated July 10, 1996 3. Survey of property showing existing structures 4. Survey of property showing proposed addition 5. Proposed floor plan 6. Public hearing notice and property owners list Variance Request Harold and Kathy Dahl 6631 Horseshoe Curve Chanhassen Mn 55317 July 10, 1996 The requested variance is to allow for a standard height, two story addition to our existing home. The house was built in 1917 as a cabin on Lotus Lake. The cabin was converted to a year round home iht he early 50's. At that time two dormers were added to create a second story. Three small bedrooms and a bath were built into the second level. The first floor contains a kitchen, dining room and living room. There are no closets and no bathrooms on the first floor. The existing home is approximately 700 square feet on the first floor and 600 square feet on the second floor. The basement is not suitable for finishing. The house sits on the southerly end of a large (approximately 3/4 of an acre) lot. A two car detached garage is located near Horseshoe Curve on the north end of the lot. There are no variance issues related to setbacks on the north, east or west sides of the lot. However, the existing house is set back approximately 60 feet from Lotus Lake. We would like to remodel the existing kitchen and add the following features to the main level; a bathroom, some closets, a family room, a screened porch and an attached garage. The second story would accommodate a master bedroom. Most of the existing home is unchanged. The most logical placement of the addition is to build on to the east side of the existing structure. An addition to the east minimizes the changes required to the existing structure and results in the most efficient use of space. However, given the angle of the home on the site, to simply extend the existing foundation lines would result in the addition being slightly closer to the lake (before consideration of the deck) than the existing home. We have attempted to minimize any movement closer to the lake by planning an addition to the current structure as far north as possible. This requires redoing at least a portion of the existing roofline to tie the new structure in but still results in an acceptable floor plan from our perspective. However, even after moving the addition as far north as possible, we will still require a variance because the addition will be approximately 60 feet from the shoreline~.~ . . We belleve a literaI 'enfOrCement of the setback cause undue hardship because the' 'property Cannot be put to reasonable use given its shape, topography and location of existing structure. The existing home contains no closets on the main level " and lacks many amenities common in today's homes. We believe the planned addition will not be detrimental to other land or properties in the neighborhood. Given the size of our lot, we do ~ Page 2 not believe the planned addition will impair an adequate supply of light or air to adjacent properties. Additionally, we are aware of other properties on Lotus Lake that do not meet the setback requirements and do not believe our addition would adversely affect the neighborhood or other lakeshore homeowners. APPLICANT: ADDRESS: CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION OWNER: ADDRESS: 9661. 60 TELEPHONE (Day time) TELEPHONE: . Comprehensive Plan Amendment 11. Subdivision 2. Conditional Use Permit 12. Vacation of ROW/Easements 3. Grading/Excavation Permit 13. )C Variance 4. Interim Use Permit 14. /'Wetland Alteration Permit 5. Notification Signs 15. Zoning Appeal . Planned Unit Development 16. Zoning Ordinance Amendment 7. Rezoning 17. Filing Fees/Attorney Cost - (Collected after approval of item) 8. Sign Permits 18. Consultant Fees 9. Sign Plan Review 10. Site Plan Review TOTAL FEE $ A list of all property owners within SO0 feet of the boundaries of the property must Included with the application. Twenty-six full size folded copies of the plans must be submitted. 8~" X 11" Reduced copy of transparency for each plan ah(mt. ~* NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION ~/,,'2) I LEGAL DESCRIPTION PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST /~,~-.~/TH~E, 5e:r~A*c.~. ,~,z.~ ~ cc~ 'To ~ o ~-c**~"1'" ,M,~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 for.complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document retumed to City Hall Records. Signature of Applicant of Fee Owner Application Received on CITY O~F C-I-'I~NH&.CSEN ,.-- ,,,' ..; ~ JUL 0 9 1996 (~, .................... :-, ,T 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 ma#ed to the applicant's address. Im Sl:lOA3/~lflS / S~I33NIgN3 / SH3NNV"Id · >u! 'I!!H'~I som~[ ........................ .... ~VIOgBNNIII 'ALNI10~) ltiAll¥O 'M~IA 1N¥SVt'ld I, II 110'1:10 1N11Nil)NYllII¥tU 'g IO'1 'IHVO /~H.I.VO :l:lOd A;mAI:II'IS ~o 4 HILLSIDE LOT oEC K AVENUE~ co~:..,~ 909.0 90T'9][I ' ~ ~4.0 ~ ~ 904.2 SHED ).~ .~, 0., ~1~ FT. SETBACK LINE 9~.8 ~ ~ ~ SHED 0~~~ 8.0 ~,., -SAN. MH. 3_+ U s I~:OZ~ ¥3~'~ ~)NI^I'I .i I £1, x HO~lOcl V3~lV ONIAIq 9.1, I, x Ot..i~ I-I.LVg WOO~IC]3B NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS Monday, August 12, 1996 6:30 P.M. City HaH Council Chambers 690 Coulter Drive Project: Variance to Shoreland Setback for Construction of a Two Story Addition Applicant: Location: Harold Dahl 6631 Horseshoe Curve Notice: You are invited to attend a public hearing about a variance proposed in your area. The applicant, Harold Dahl, requests a 15 foot variance to the required 75 foot requirement for the construction of a two story addition on property zoned RSF and located at 6631 Horseshoe Curve. 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: il Staff will give an over view of the proposed project. Comments are received from the public. Public hearing is closed and the Board discusses project. The Board will then take action on the proposal. Questions or 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 John at 937-1900, ext. 117. If you choose to submit written comments, it is helpful to hav.~ one copy to the Planning Department in advance of the meeting. Staff will provide copies to the Board. Notice of this public hearing has been published in the Chanhassen Villager on August 1, 1996 f t. . Ron Harvieux 6605 Horseshore Curve Chanhassen, MN 55317 Thomas Gilman 6613 Horseshoe Curve Chanhassen, MN 55317 Harold Dahl 6631 Horseshoe Curve Chanhassen, MN 55317 Frank Kuzma 6651 Horseshoe Curve Chanhassen, MN 55317 T. R. Johnson 6663 Horseshoe Curve Chanhassen, MN 55317 Terry Rockwell 6677 Horseshoe Curve Chanhassen, MN 55317 Current Owner 365 Pleasant View Road Chanhassen, MN 55317 Scott Gamble 6640 Horseshoe Curve Chanhassen, MN 55317 . . Sandra OlSon 6691 Horseshoe Curve Chanhassen, MN 55317 Richard & Kathleen Peck 6690 Horseshoe Curve Chanhassen, MN 55317 John Danielson 6607 Horseshoe Curve Chanhassen, MN 55317 James Keiper 6615 Horseshoe Curve Chanhassen, MN 55317 Phil Issacson 6633 Horseshoe Curve Chanhassen, MN 55317 Evelyn Albinson 6655 Horseshoe Curve Chanhassen, MN 55317 John Cunningham 6665 Horseshoe Curve Chanhassen, MN 55317 6685 Horseshoe Curve Chanhassen, MN 55317 Robert Hanson 6620 Horseshoe Curve Chanhassen, MN 55317 Richard & Jill Valentine 6614 Horseshoe Curve Chanhassen, MN 55317 Charles Hurd 6695 Horseshoe Curve Chanhassen, MN 55317 R. P. Brozovich 6609 Horseshoe Curve Chanhassen, MN 55317 Ladd Conrad 6625 Horseshoe Curve Chanhassen, MN 55317 Doug Bitney 6645 Horseshoe Curve Chanhassen, MN 55317 Tom Hau 6661 Horseshoe Curve Chanhassen, MN 55317 David Kopiske 6675 Horseshoe Curve Chanhassen, MN 55317 Helen Hartman 6687 Horseshoe Curve Chanhassen, MN 55317 Mike Lynch 6630 Horseshoe Curve Chanhassen, MN 55317 ._ Jeff & Judi Kvilhaug 6681 Horseshoe Curve Chanhassen, MN 55317 Keith Obermeyer 6697 Horseshoe Curve Chanhassen,.MN 5:5317 · ·