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5 Yard Regulations Mayor and City Council August 11, 1997 Page 3 All these designs can be considered attractive, however, as stated earlier, some of these designs are: not permitted under current ordinances due to setback requirements. The main concern with: allowing such projections deals with the size of the porch and the possibility of additional living space closer to the street. If the porch extends along the entire length of the front facade, it will be very tempting to enclose it to make the space more livable by adding screens or enclosing them. Design #11 has a porch that extends in front of a kitchen. Theoretically, this space could be enclosed and used as a breakfast area. We believe that such uses should not extend into a required front yard setback. Rather than creating a setting that would encourage a flood of variances to. enclose porches within a front yard setback, we believe this Space should be limited in size allowing for a small seating area, provide an added architectural feature, and define the entrance of the home. Staff has prepared an ordinance amendment that would allow some of the attached designs to be permitted. If the direction was to exclude designs that contain porches extending beyond the first floor, then staff will change the language in the proposed amendment accordingly. Staff is recommending language that permits homes built prior to February 19, 1987 (zoning~ ordinance adoption date) to have a porch/balcony that would encroach into the front yard setback meeting specific criteria (specifically be open and not exceed 15 feet in length and 10 feet in depth), i: PLANNING COMMISSION UPDATE On July 16, 1997, the Planning CommissiOn reviewed and unanimously recommended denial of this ordinance amendment. There decision was based upon the following: There has not been a preponderance of sUCh requests Limiting the siZe of the porch and the setback is arbitrary An intent statement has not been provided The ordinance does not protect historically significant homes ~ This issue could be handled at the variance level Not an important issue to spend staff, Planning Commission and City Council time on Staff contacted the City Attorney for an opinion on the historically significant homes. He explained that all homes that are on the National Register listing have to get approval of the National: Historical Registrar's Office prior to any construction taking place; therefore, this ordinance will not impact such homes. We also discussed homes that have been considered eligible for listing on: the National Register. The City Attomey explained that if a home is not registered with the National Historical Society, preservation requirements will not apply. Staffalso added an intent statement to clarify the purpose of this ordinance. RECOMMENDATION: · This economical plan offers an impressive visual statement with its comfortable and well-proportioned appearance. The entrance foyer leads to all areas of the house. The great room, dining area and kitchen are all open to one another allowing visual interaction. The great room and dining area both have a cathedral ceiling. The fireplace is flanked by book shelves and cabi- nets. The master suite has a cathedral ceiling, walk-in closet and master bath with double-bowl vanity, whirlpool tub and shower. The plan is available - with a crawl-space foundation. -- © Design by Donald A. Gardner, Architect, Inc. ,I DECK PORCH 66-4 Design sg664 Square Footage: 1,287 i,m mm ,mlnnm mm[mm mmmmmmm ~o~ - 433 Design S2974 First Floor: 911 square feet Second Floor: 861 square feet; Total: 1,772 square feet · Victorian houses are well known for their orientation on narrow building sites, And when this occurs nothing is lost to captivating.exterior styling. This house is but 38 feet wide. Its narrow width belies the tremendous amount of livability found inside. And, of course, the ubiquitous' porch/veranda contributes mightily to style as well as liv- ability. The efficient, U-shape kitchen is flanked by the informal breakfast room and formal dining room. The rear living area is spacious and functions in an exciting manner with the outdoor areas. Bonus recreational, hobby and storage space is offered by the basement and the attic. ¢ ~8~-0'' ~, 142 Design by Home Planners, Inc. Inviting Porch Adorns Affordable Home No. 90682 You don't have to give up storage space to build an affordable home. With large . closets just inside the front door and in eVer~ bedroo .m, a walk-in pantry by the BED RM 11'-0"x 11'-0" kitchen, and an extra-large storage area rocked behind the garage, you can build this house on an optional slab foundation and still keep the clutter to a minimum. The L-shaped living and dining room arrangement, brightened by triple win- dows and sliding glass doors, adds a spa- cious feeling to active areas. Eat in formal elegance overlooking the patio, or 66'- 4" PATIO have a family meal in the country kitchen. Tucked in a private wing for a quiet bedtime'atmosphere, three bed- rooms and two full baths complete this affordable home loaded with amenities. Living area m 1,160 sq. ft: Garage -- 2-car h ~ i^^~ · BED .PM DINING RM KITCHEN' -'t-, laund~ 10'-0"x10'-0" 12" 4" x 10'-0" 11'-0"x 10" 0" rlf dn No Thi,, and for, brea the 1 floe: buill e file laml bath and ~ dini[ lng r ' will opt Design S8614 Square Footage: 2,100 · Gingerbread trim crowns the roof of this spreading plan, enhanced by an intricate facade with high-ceilinged spaces. The covered porch gives way to a tiled foyer. Double doors on the right ' open to a den or study with a twelve-foot ceiling. The splendid great room sports a tray ceiling, corner fireplace and French doors to a covered patio. The pass- through kitchen serves the front- facing dining room and bayed breakfast room with equal ease. Bedrooms include a master suite with patio access and a sunken shower, and two secondary bed- rooms which share a bath. .W Design by Home Design Services, inc. WIDTH 102' DEPTH 59'-4" Covered Patio Entry Design S3438 First Floor: 1,489 square feet Second Floor: 741 square feet Total: 2,230 square feet · A unique farmhouse plan which provides a grand floor plan, this home is comfortable in country or suburban settings. Formal entertain- lng areas share first-floor space with family gathering rooms and work and service areas. The master suite is also on this floor for con- venience and privacy. Upstairs is a guest bed- room, private bath and loft area that makes a perfect studio. Special features make this a great place to come home 59'-0' Design by Home Planners, Inc. 122 // 'Deck Surrounds House on Three Sides No. 91304 Sitting in the sunken, circular living room of this elegant family ho. me, you'll feel like you're outdoors even when you're not. Windows on four sides com- bine with a vaulted clerestory for a wide- open feeling you'll love year-round. ) I When it's warm, throw open the win- dows, or relax on the deck: But, when there's a chill in the air, back,to-back fireplaces keep the atmosphere toasty in' the living room and adjoining great room. Even the convenient kitchen, with its bay dining nook, enjoys a back yard view. Do you sew? You'll love this roomy spot just steps away from the' kitchen. Bump-out and bay windows. · ' give the three upstairs bedrooms a cheer- ful atmosphere, and cozY sitting nooks. First floor -- 1,372 sq. ft. Second floor -- 858 sq. ft. Den Can Double.As a ..... Home Office ~ster su,te m~ £ Xradi~on~ styling m~ks ~s eleg~t, ~11 ~ ~ f ~ N fo~-~m home wi~ lots'of outd~r pic~ window, ~e su~en liv~g r~m A ~ On lies just off ~e cen~ foyer. At ~e rc~ i .... ,lin .of ~e home, ~e Mtchen is fl~ by ~e ~ ~[~ ~ BR3 ~ 13-0x~ -fo~ d~g ~m ~d abre~ast nook. 94x~- . A s~gle s~p leads down t0 ~e f~e- - - ] ...... ] , ' '~ ~ r~m. Wi.ao~ ~l~ ~, I -I I · e top of ~e gently c~ving s~c~e '~de ple~g study n~ks. ~e master SECOND FL~ s~ f~s a l~ous whirlp~l ba~. F~st fl~r-- 1,252 sq. ft. S~nd fl~r-- 1,117 ~. ft. B~ement- 1,2~ sq. ft. .-.'- '."..' G~ge-- 5~ sq. ft. PATIO S~NDECK Width-- 71 ft. ....:. ~x~62 ~ ~x~5 DOUBLE GARAGE 2~x~ Sunken 12~ ~ dn ~x~ ~ ~x~90 ~ ~ dn Romance personified No. 90439 Here's a stately Victorian that will i¢flect your excellent taste, and accommodate. your family in comfort. A sprawling, wrap-around porch leads to a central foyer flanked by formal living and dining rooms. Informal areas overlook the back- yard, including the fireplaced family room lined with bookcases, the sunny breakfast bay, and the adjoining country kitchen. Store your extra groceries in the large pantry on the way t9 the laundry room. The expansive master suite upstairs, which spans the width of the house, features built-in shelves, loads of closet space, and a private bath with every amenity. A hall bath serves the other two bedrooms tucked into 'the gables at the front of the house. First floor- 1,366 sq. ft. Second floor- 1,196 sq. ft. Basement -- 1,250 sq. ft~ Garage -- 484.sq. ft. 8EDROOM 2 ; ~ H&LL I BEDROOM 3 ' 13-4 a 13-o SECOND FLOOR WOOD DECK No. 90439 I ', "" ·. · ~ .... i GAR&GE. FIRST FLOOR 5Georgian Grace [ ~ ~ ~ ~e~.N. Imm~=- r*-- -,-z . I'~ I ~ I~ h Y / ~= - No. 7151 I )- - ~ F~I~ [~,/,~ Here s~elegant, moveZuphome that I hSr J'~ / ' ''~' ~~11~ ~r n ~ brings the ~st of yesterday to today's ~ '14x~4t ~~~ 12x15-4 ¢ -~ discerning family. Sturdy brick' }_-~ [ %,llt,t~ ~ll~ll/ ' ; I& ~ - construction,'atowefingcolumned ~;. ~ ~ [~111111111~11111~ .. porch, and a focal, central ent~ are " a~~ '" E. bo~owed elements from long ago. But ' I ' ~ ' themagnificent island kitchen, the Br 2 x ~ ~ ~ Br 3 'info~alfamilyga~eringroom, andC°nvenien~°f~thalivingr°°mand 12x15-4~~ 7 15-4x16 the his-and-hers walk-in closets in the ~ N~ sprawling master suite are high on .................. ~-------~ ~-----~ .................... bed many.most-wanted lists. Abundant Second Floor '"'" "': ' No. 20151 mas windows lend a sunny beauty Ihroughout this special home. And, convenient touches abound: a handy bar in the book-lined living room, a -covered porch and sun deck at the rear of the house, two first-floor powder rooms, and adjoining baths and walk-in closets in all four upstairs bedrooms. First floor ---= 1,953 Sq. ft. Second floor 1,865 sq. ft. ~ Screened porch 180 sq. ft. · Basement- 1;929 sq. ft. Garage-- 864 sq. ft. Total living area -- 3,818 sq, ft. A Karl Kreeg6r D6sign ."-~"~ O:.'-~' ' First Floor ' andraa~ec firet · , ( '..::',"':.'""- : .~'.'. : "" .' " :' .';/ Z~_ ~;..~:~"'"' Finsec ~ 1,4 x 19~ ~t~ 3 Garage ~ ~ ~,.t I ~ ~ ~ [~ ~ 23-4 x 35-4 ~~ 7~ a', [ . ~v~ ',mn~n~ml ~ ,~ ~ ........................ .... ,..m~......[.:~:~....~.~l ........ ~ ~ .......................................... ~ ........... ~ ~ ~ ~ · . . .,,~ . ..~. Po~ico '~. , , ~ = ~ . = , '.. '.: ~...~ , '" ": "": Planning Commission M~eting - July 16, 1997 k. Comply with Chanhassen Fire Department Policy fire sprinkler systems. Chanhassen Fire Department/Fire Prevention Division #40-1995. 1. Comply with Chanhassen Fire Department Policy on labeling of rated fire walls. Chanhassen Fire Department/Fire Prevention Policy g44-1997. m. Comply with Chanhassen Fire Department Policy on fire alarms. Chanhassen Fire Department/Fire Prevention Policy #01-1990. stalls. Parking lot layout must comply with Building Code requirements for handicap 8. The applicant shall enter into a Site Plan Agreement and provide the necessary financial guarantees to comply with the conditions of approval. 9. The applicant shall incorporate an entrance on the west side of the building and consider a plaza treatment in the rotunda area. All voted in favor, except Conrad who abstained, and the motion carried. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PORCHES TO ENCROACH I0 FEET INTO THE REQUIRED FRONT YARD SETBACK. Sharmin AI-Jaffpresented the staff report on this item. Peterson: Has there been a preponderance of these requests? A1-Jaffi No... Peterson: Is the Honorable Mayor trying to get more porches in our city? Okay. This is open to a public hearing. May I have a motion to open to public hearing and a second please? Sidney moved, Conrad seconded to open the public hearing. The public hearing was opened. Peterson: Anyone wishing to address the commission, please come forward and state your name and address please. Conrad moved, Brooks seconded to close the public hearing. The public hearing was closed. Peterson: Comments. Kevin. 18 / Planning Commission Meeting - July 16, 1997 and rain. And so I think the way it's written I don't understand the 6 feet part but...it appears in this formula, I agree with staff. What I'm hearing is go back to the intent statement, what do we write? ...an example here of newer architecture and I guess I don't see that...so I think what we're trying to do is just provide people with a mechanism to create a better entrance to their home. Not necessarily expand it with a porch... Peterson: Thank you. Ladd. Conrad: Oh I don't think it's a real important issue and I'd rather not have staff spend a lot of' time on this. So an intent statement is appropriate and let's get out of there and pass it on. Peterson: Great, thanks. Alyson. Brooks: My only concern is that if you have an older home that is historically significant that is without a porch, that is not something we want to be adding porches to. We need to be really careful of that. One of the worse things I've seen are those great Chaska brick houses with like a wood lean to on it for a porch. I mean that, it completely destroys the historic visual character of the property. So I would, if we are going to pass an ordinance like this, I think we need some kind of clause about the houses in Chanhassen that have obtained National Register listing; or that have been considered eligible for listing on the National Registe? and monitor putting porches on historic properties. So I guess before I would pass this I would ask that maybe we consider adding something about historic properties. Peterson: Okay, thank you. I don't want to spend a lot of staff's time either. That was my first reaction. I understand if there was a lot of these, that we take the staff time and commissioners and Council's time to address this. I don't see that obviously as happening .... because we have an ordinance, you're always going to have another variance so my reaction is 1 don't think we need an ordinance for this slight adjustment that we're making. With that, is there a motion and a second? Conrad: I would make the motion that the Planning staff recommends, well let me think about this. I take back my start of the motion Mr. Chairman. If somebody has...consider it. Peterson: So I ask for a motion again please. Brooks: I move that we table the motion pending further consideration of it's affect to historic properties. And I want to use Alison's, some of Alison's concerns but I can't. I'm stumped. Conrad: The only other thing was an intent statement. Brooks: Oh, and with the addition of an intent statement. Statement of intent. Want me to say that again with a complete sentence? Peterson: I think they can sort that through. Is there a second to that motion? 20 Planning Commission ,...:eting - July 16, 1997 Conrad: I would recommend that the Planning Commission tums down. I would recommend the Planning Commission recommends dis.approval of the zoning ordinance amendment 20-908 regarding yard regulations per the staff report of July 16th. Joyce: I'll second that. Peterson: Any discussion? Conrad moved, Joyce seconded that the Planning Commission recommends denial of an amendment to the City Code to allow porches to encroach 10 feet into the required front yard setback. All voted in favor and the motion carried. Conrad: And the rationale for the City Council is that we don't see the need or the accuracy of the, if we don't see the need of an amendment at this time, and that we feel that the variance process can handle the few requests that we're receiving. Peterson: Okay, thank you. OLD BUSINESS: Peterson: Any old business Kate? Aanenson: No. Joyce: Any comment on this Kate? Aanenson: The Council directed you to...trail. The issue that we had whether or not identified a trail out in...hadn't been identified to the potential buyers. The attorney did state that you'd have to have the underlying property owner's approval and he, Mr. Carlson...but regardless of where you stop the trail, going north to Lake Lucy, you're able to get over to Minnewashta, that would be a benefit... What we are...trail, Council wanted to see how that relates, if there's a tie in continuity...before it comes back for final plat. That was one item that was on the Council's... APPROVAL OF MINUTES: Joyce moved to note the Minutes of the Planning Commission meeting dated June 18, 1997 as presented. ONGOING ITEMS: Aanenson: Back to me now? Peterson: Ongoing items. Conrad: We thought you were thinking. 22 What is variance? Variance Criteria Page 2 Nonconforming Structure: Any building or structure that does not comply with the requirements of this chapter but which did comply with applicable ordinance requirements at the time was constructed or put in place. w Example: What is a "taking?" A house was constructed in 1940. It does not meet the required 10 foot side or the 30 foot front yard setbacks currently required by ordinance. "To take, expropriate, acquire or seize property without compensation." "Amendment VI of the United States Constitution states that no private property shall be taken for public use without just compensation." When a property owner cannot construct a reasonable use on a site zoned for such a use because of topography, size or shape (i.e., required setbacks limit the buildable area), a variance shall be granted. If the variance is not granted, the property has been "taken" from the owner and the damages can be sought. A recent variance case is a fine example. The property owner requested two variances to construct a single family home on a vacant lot. The site was a lot of record. The buildable area was limited because of a required bluff and front yard setback. (Note: the ordinance which required a bluff setback was adopted after the property was platted.) The proposed home was comparable to the neighboring homes in size and location. The property within 500 feet was used to determine a reasonable use. Staff recommended approval and the variances were granted. Had the variances not been granted it is likely the owner would have been awarded damages. 4. Conclusion