2 VAR 391 Del Rio DriveCITY OF
PC DATE: 9/15/99
CCDATE:
CASE #: 99-15 VAR
By: Kirchoff:v ·
STAFF
REPORT
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<1:
PROPOSAL:
LOCATION:
APPLICANT:
Request for a 22.5 foot variance from the 30 foot bluff protection setback for
the construction ~f a single family dwelling.
Lot 1, Block 1, Lotus Lake Woods 2nd Addition
Westar Development, Inc.
Attn.: Gene Dabrowski
13716 Knollway Drive
Minnetonka, MN 55305
546-2415
PRESENT ZONING:
ACREAGE:
DENSITY:
RSF, Single Family Residential
21,619 sq. ft.
N/A
l.d
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
2000 LAND USE PLAN:
N'.
S:
E:
W:
RSF, Single Family Residential
RSF, Single Family Residential
RSF, Single Family Residential
PUD-R, Planned Unit Development, Residential
Available to the site
The site is vacant. A bluff exists on the southern portion of
the property.
Low Density Residential
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Westar Development
September 8, 1999
Page 2
APPLICABLE REGULATIONS
Section 20-1 defines a bluff as a topographic feature such as a hill, cliff or embankment having
the following characteristics:
1. The slope rises at least 25 feet above the toe of the bluff; and
2. The grade of the slope from the top of the bluff to a point 25 feet or more above the toe of the
bluff averages 30 percent or greater.
3. An area with an average slope of less than 18 percent over a distance for 50 feet or more shall
not be considered part of the bluff.
Section 20-1401 (a) of the zoning ordinance requires a 30 foot setback from the top of the bluff
(Attachment 2).
BACKGROUND
Lotus Lake Woods was given final plat approval for seven lots in 1995. The following year, Lots
I, 2 and 3, Block i, accessed from Del Rio Drive, were replatted into Lotus Lake Woods 2nd
Addition. Evidently, the lots were too narrow to accommodate a three-stall garage. All lots have
a tree conservation easement which prohibits cutting or removing trees. The easement extends
along the top of the bluff. A 25 foot front yard setback was approved by the City Council on all
lots. The property is accessed from Del Rio Drive. All three of the lots are vacant.
The purpose of this application is to allow the applicant to construct a single family home on the
site. The buildable area is limited by the required 25 foot front yard setback, 10 foot side yard
setbacks and the 30 foot bluffprotection setback. The buildable area is "L-shaped" and is a total
of approximately 2,047 sq. ft. This property was preliminarily platted in 1994 so the bluff
protection ordinance did not pertain to the property.
The applicant is requesting a variance because the proposed home encroaches into the required
bluff setback.
ANALYSIS
The applicant is requesting a 22.5 foot variance from the 30 foot bluff protection setback for the
construction of a single family home on property zoned RSF. The proposed home maintains the
following setbacks:
Setback Distance Proposed Distance Required by ordinance
Front 25' 25'*
Side (west) 20' 10'
Side (east) 10' 10'
Rear/Bluff 7.5' (including eave) 30'
Westar Development
September 8, 1999
Page 3
*The City Council approved a 5 foot variance at the time of preliminary plat.
The western side yard setback is 20 feet rather than the minimum 10 feet. This setback intends
to protect existing trees extending along the interior property line. It is noted in the table that the
setback from the top of the bluff is 7.5 feet. This distance is measured from the edge of the eave
on the rear of the home, not the foundation and the home plans indicate the eave is 1.5 feet.
(Note: Staff did "flip" the home on the lot (so the garage is on the east rather than west) to
determine if a greater bluff setback could be maintained. This actually decreased the bluff
setback to approximately 3 feet.)
The proposed home is a two-story, walk-out design. Its foundation is 47.5 feet in depth and 58
feet in width (including the three-stall garage) at its widest points. A deck is proposed on the rear
of the home that is 13 feet from the top of the bluff. According to information supplied by the
applicant, the home is approximately 2,600 sq. ft.
Reasonable Use
The subject site is a lot of record. It was platted for the construction of a single family home.
The buildable area is constrained by the literal enforcement of the zoning ordinance. When the
property was preliminarily platted, the City did not have the required setback from the top of a
bluff. In order for the property owner to make a reasonable use of the property similar to the
neighbors, a variance will have to be granted. A reasonable use is defined as the use made by a
majority of comparable property within 500 feet. A "use" can be defined as "the purpose or
activity for which land or buildings are designed, arranged or intended or for which land or
buildings are occupied or maintained." In this case, because it is in a RSF zoning district, a
reasonable use is a single family home with a two-stall garage. Staff supports the applicant being
granted a variance to construct a reasonable-sized home on the property.
Bluff Protection Setback
The preliminary plat was approved prior to the adoption of the bluff protection ordinance City-
wide in 1994. This ordinance requires a 30 foot setback from the top or toe of the bluff for new
homes. 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 feet or the existing setback, whichever is more, for
additions to an existing building.
When the bluff protection setback was originally adopted in 1991, it only pertained to the bluffs
in southern Chanhassen (the Minnesota River Valley bluffs). The original intent was to prevent
further erosion of properties south of Pioneer Trail. In 1994, the ordinance was adopted City-
wide to preserve extreme topography. The following table presents 'the seven variances granted
since 1991.
Westar Development
September 8, 1999
Page 4
TABLE1
VARIANCES GRANTED FROM THE REQUIRED BLUFF SETBACK
Case # Address
91-21 1405 West Farm Rd.
Staff recommendation:
denial
(no hardship)
92-6
Staff recommendation:
approval
(limited buildable area)
95 -6
Staff recommendation:
approval
(limited buildable area)
97-1'
9980 Deerbrook Drive
1070 Hesse Farm Rd.
7500 Erie Avenue
Variance
A variance to permit a single family
home to encroach 30 feet into the
bluff; no setback
A variance to permit an in-ground
pool to encroach 13 feet into the
bluff; no setback
A 5 foot variance from the bluff
setback and a 5 foot variance from
the front yard setback for a single
family home
A 13 foot variance from the bluff
setback for a single family home
Staff recommendation:
denial
(no hardship)
98-4
240 Eastwood Court
An 18.5 foot variance from the bluff
setback to construct a deck
Staff recommendation:
denial
(no hardship)
98-11
Staff recommendation:
denial
(no hardship)
99-8
Staff'recommendation:
approval
* Plat approved after 1994.
1250 Hesse Farm Rd
740 Chippewa Circle
A 5 foot variance from the bluff
setback for the construction of a
screen porch
A 5 foot variance from the 25 foot
front yard setback and a 30 foot
variance from the 30 foot bluff
protection setback for the
construction of a single family home.
Westar Development
September 8, 1999
Page 5
Grading
Staff finds the proposed grading and house development plan to be consistent with the approved
grading, drainage and erosion control plan approved with Lotus Lake Woods 2nd Addition
(Attachment 5). The certificate of survey meets the intent of the development plan for this site.
The plan does show a slight encroachment into the conservation easement at the proposed
elevation point of 973. The encroachment into the conservation easement may be avoided by
revising the grading plan slightly; however, it does not appear that there is any tree loss with
encroachment in this area based on the grading plan.
Yard Encroachments
In cases where a variance is granted, the zoning ordinance does not permit any encroachments
into the setback such as eaves or bay windows. As mentioned, the 7.5 foot bluff setback shall be
measured from the edge of the eave on the house (not from the foundation) to the top of the bluff.
Staff believes the applicant has demonstrated a hardship and supports the bluff setback 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 facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding:' The literal enforcement of the ordinance does cause a-hardship. The applicant
could not construct a home on this site without relief from the zoning ordinance. The
topography of the site requires a bluff setback, thus limiting the buildable area.
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 this variance is based are applicable to all properties
in the RSF zoning district. Many properties have extreme topography which was the
impetus for the setback.
Westar Development
September 8, 1999
Page 6
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 this request to obtain relief from the zoning ordinance to construct
a single family home on a vacant parcel.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created. The site was preliminarily platted prior to the
bluff protection ordinance being adopted City-wide in 1994.
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 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.
The variance permits the applicant to enjoy the same rights as neighboring 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 increase the danger
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 Planning Commission adopt the following motion:
"The Planning Commission approves variance request//99-15 for a 22.5 foot variance from the 30
foot bluff protection setback for the construction of a single family home as shown on plans
prepared September 6, 1999, and subject to the following conditions:
1. A detailed grading, drainage and erosion control plan shall be submitted at the time of building
permit application for review and approval by the City.
2. The top of the bluff shall be noted on the survey submitted as part of the building permit
application."
Westar Development
September 8, 1999
Page 7
ATTACHMENTS
1. Application and Letter
2. Section 20-1400, Bluff Protection Ordinance and bluff definition
3. Lot Survey and Home Elevation
4. Memo from Dave Hempel dated September 7, 1999
5. Lotus Lake Woods 2nd Addition grading plan
6. Public hearing notice and property owners
g:\planXck\boa\westar 99-15 var.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW AppLICATION
AUG 0 1999
TELEPHONE;
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
lntedm Use Permit
__ Non-conforming Use Permit
Vacation of ROW/Easements
..'..~ Variance
Wetland Alteration Permit
.Planned Unit Development'
Zoning Appeal
· . Rezoning
Zoning Ordinance Amendment
__ Sign Permits
Sign Plan Review
Notification Sign
Site PJan Review*
SubdMsion*
X Escrow for Filing Fees/Attorney Cost**
($50 CUPISPRNACNAR/WAPIMetes
and Bounds, $400 Minor SUB)
TOTAL FEE $ --?~'~. '~(-~JO '
A'flst of all property owners within 500 feet of the boundaries of the property must be included with the
~plication.
]~u~:Iding 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
~ransparency for each plan sheet.
"Escrow will be required for other applications through the development contract
NDTE- YVhen multiple aploY~cations are processed, the appropriate fee shall be charged for each application.
NOTE - When multiple applications are processed, the appropriate fee shall be chargedfor each application.
]=ROJECT NAME
[.OCAT~ ON
].EGAL DESCRIPTION
PRESENT ZONING
:REQUESTED ZONING
P:RESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
;REASON FOR THIS REQUEST
Trois 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 Io certify fha! ! am making application for the described action by the City and that ! am responsible fo~' 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
authored person to make this application and the fee owner has also signed this application.
] w~l keep mysel! 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 m.y knowledge.
! also under'stand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the title to the property for which the approvaVpermit is granted within 120 days with the Carver County Recorder's
C¢~ice~tt~ original document returned to City Hall Records.
Si~ha~e 61 .Fee Owner Date
~p,i~,t,~ Received on " I*~ '1 Fee Paid Receipt No. \,~z{--dl~
' Th~ ap]31~cant should contact staff for a copy of the staff report which will be available on Frldey prior to the
raeetlng. If not contacted, a copy of the report will be mailed to the applicant's address.
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ZONING § 20-1402
Secs. 20.1352--20.1399. Reserved.
ARTICI.E XXVIII. BLUFF PROTECTION ·
Sec. 20-1400. Statement of intent.
Development, excavation, clearcutting and other activities within the bluffimpact 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 character of the bluffimpactzone within the
city, alteration to land or vegetation within the bluff area 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; Ord. No. 249, § 2, 4-8-96)
Sec. 20-1401. Structure setbacks.
(a) Structures, including, but not limited to, principal buildings, decks, and accessory
buildings, except stairways and landings, are prohibited on the bluffand must be set back from
the top of the bluff, the toe of the bluff, and the side of a 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; Ord. No. 249, § 3, 4-8-96)
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
stairways 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 visuai]y inconspicuous
portions of lots.
Supp. No. 9 1273
ZONING § 20-1
Alley means a public right-of-way that is used primarily for secondary vehicular service
access to the back or the side of properties abutting on a street.
Alteration means any change er rearrangement, other than incidental repairs, in the
supporting members of an existing building, such as bearing walls, columns beams, girders or
interior partitions, as well as any change in doors or windows, or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or the moving of a
building or structure from one (1) location to another.
Animal feedlot means land or buildings used for the confined feeding, breeding, raising or
holding of livestock and poultry where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. Pastures are not considered animal feedlots.
Antenna means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional antennas, such as panels,
microwave dishes, and satellite dishes; and omnidirectional antennas, such as whip antennas.
. Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and
educational purposes.
Arterial street means a street or highway with access restrictions designed to carry large
values of traffic between various sectors 'of the city or county and beyond.
[Auto service center] means an integrated group of commercial establishments or single
establishments planned, developed, and managed as a unit with off-street parking provided on
site and providing uses engaged primarily in the supplying of goods and services generally
required in the operation and maintenance of motor vehicles. These may include sale and
servicing of tires, batteries, automotive accessories, replacement items, washing and lubricat-
lng services, and the performance of minor automotive maintenance and repair. This does not
include major body repair where it is necessarY to provide long term storage of cars and body
parts.
Bed and breakfast means an owner-occupied single-family home in which not more than five
(5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive days by the
same person. Meals may or may not be provided to residents and overnight guests.
Block means an area of land within a subdivision that is entirely bounded by streets, or by
streets and the exterior boundary or boundaries of the subdivision, or a combination of the
above with a waterway or any other barrier to the continuity of development.
~ Bluff means a natural topographic feature such as a hill, cliff, or embankment having the
following characteristics:
(1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and
(2) The grade ofthe slope from the toe of the bluffto a point twenty-five (25) feet or more
above the toe of the bluff averages thirty (30) percent or greater.
(3) An area with an average slope of less than eighteen (18) percent over a distance for fifty
(50) feet or more shall not be considered part of the bluff.
Supp. No. 11 1141
III
MEMORANDUM
CffYOF
CH HASSE
690 City C~nter Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612937.1900
General Fax 612.937.5739
Engineering Fax 612.937.9152
Public Safety Fax 612.934.2524
Web www. ci. chanhassen, mn. us
TO:
FROM:
DATE:
SUB J:
Cynthia Kirchoff, Planner I
Dave Hempel, Assistant City Engineer~
September 7, 1999
Review of Variance Request for Lot 1, Block 1, Lotus Lake Woods
2nd Addition- Project No. 95-15
Upon review of the certificate of survey prepared by Merila & Associates dated
September 6, 1999, I offer the following comments to the variance request.
Upon comparison of the approved grading plan for Lotus Lake Woods to the
certificate of survey submitted by the applicant, I find the grading and house
development plan is consistent with the approved grading, drainage and erosion
control plan approved with Lotus Lake Woods 2nd Addition. The certificate of
survey meets the intent of the development plan for this site. The plan does show
a slight encroachment into the conservation easement at the proposed elevation
point of 973. The encroachment into the conservation easement may be avoided
by revising the grading plan slightly; however, it does not appear that there is any
tree loss with encroachment in this area based on the grading plan. I have attached
for your convenience a copy of the approved grading plan. It is recommended that
the variance be approved as shown on the certificate of survey dated September 6,
1999.
Attachment: Copy of Grading, Drainage and Erosion Control Plan for Lotus
Lake Woods
c: An[ta Benson, City Engineer
g:XengXprojects',lotus lake woods 2nd~review of variance request.doc
The Cit~ of Chanhassen. A g, rowing community with clean lakes, aualit~ schools, a cham~ine downtown, thrivine businesses, and beauti5d varks. A ereat ,/ace to live. work. and
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UTILITIES THAT ARE SHOWN.
NOTICE OF PUBLIC HEARING ~-, ..~~
PLANNING COMMISSION MEETING ~"i ~' ~;~
WEDNESDAY, SEPTEMBER 15, 1999 AT 7:00 P.M. --i~i
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL:
Request for a Bluff
Setback Variance
APPLICANT: Westar Development
LOCATION: Lot 1 and Lot 3, Block 1
Lotus Lake Woods 2nd Addition
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Westar Development, is requesting a variance from the 30 foot bluff setback for
the construction of a single family dwelling on property zoned RSF and located on Lot 1
and Lot 3, Block 1, Lotus Lake Woods 2nd 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 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.
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 September 2, 1999.
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