Appplication Narrative 1085 Holly LaneFebruary 13th,2023
Ryan Herm, PLA
Urban Ecosystems Landscape Architects
2500 University Ave W Ste. C8
Saint Paul, MN 551 14
RE: Christmas Lake Access Variance, 1085 Holly Lane
Dear Zoning Administration,
On behalf of David and Ashley Pinckney, the residents of 1085 Holly Lane, we propose to
improve an existing lake access path and are requesting a variance to the following zoning
code:
1 ) Sec 20-61 5 Lot Requirements and Setbacks
Existing conditions
The shape of 1085 Holly Lane is atypical and unique to other properties in Chanhassen (see
exhibit 1A). The property is a flag lot that exists in wvo primary components: a western
section and eastern section straddled across a shared, private driveway in between. The
western section (approximately 0.75 acres) holds the domicile and the majority of the
property. The eastern secion is a 10'wide corridor that runs across the shared driveway
and 375'eastward toward the lake. While this corridor was presumably platted to provide
access to Christmas Lake, it presents multiple permitting challenges in doing so.
The access corridor currently contains a constructed access path of gravel and landscape
edging as well as two sections of wooden boardwalk structure as you near the shoreland
area. The boardwalk was approved and permitted by the City in 1998 (see exhibit 2A). We
are proposing to replace these access materials to provide a safe and comfortable journey
to the lakefront. Without a structured path, the lakefront would not be safely accessible
from this parcel.
While these particular elements may constitute nonconformities, as they are built within a
setback and an existing drainage and utility easement, we are also proposing to follow the
proper encroachment agreement process with city staffin addition to the variance
process.
We propose to construct a path ofturfstone pavers in the upland portions and replace
boardwalk over the seasonally-wet areas. The turfstone pavers will allow for more
vegetation within the path zone than the gravel currently does. For the boardwalk section,
we propose to utilize ground screws that "floaf'the walkway rather than resting atop the
soil. This allows more sunlight to access the vegetation below, helping keep the native plant
community intact. No lights or lighting system is proposed. Please see exhibit 3A - Drawings
with Proposed lmprovements for more specific information.
Justifi cation of findings
a) We believe this variance request to be in harmony with the purpose and intent of
the Code because the proposed access path is designed to be visually
inconspicuous and largely out of view from neighboring properties. The intent ofthe
Code is likely to protect neighbors from any form of visual nuisance in the setback
areas, the Owners of 1085 Holly Lane are open to funher interventions that further
protect their neighbors from any perceived nuisance.
b) We find the following to be practical difficulties: First, the access corridor is 10' wide,
thus the entire corridor lies within a side-yard setback as well as a drainage and
utility easement. Second, a portion ofthe access corridor is seasonally-wet and
requires a boardwalk to safely access the lakefront. The owners must utilize a
structured path, within the setback, in order to access the lakefront.
c) The purpose ofthe variation is based on use rather than economics alone. The
owners would like to use their property as their neighbors do.
d) This circumstance was created bythe platting of this parcel to include a 10'wide
lake access corridor that is encumbered by setbacks and easements.
e) The owners are proposing additional efforts to restore native plant communities on
the property and keep the corridor in a natural condition, creating a natural buifer
for any neighbors who view the access path. The essential character ofthe locality
will not be changed.
We do not dispute the conditions of the March, 27,1995 City Council decision stating that a
"dock, mooring, or boat liff'would not be permissible on this lot. The owners understand
this limitation and only wish to reconstruct the access path that already exists.
With the granting of this variance, the Owners will be allowed to use the lake access in a
manner that is similar to that of surrounding homes (minus motorized boats and a dock in
the water). The project is designed to be visually inconspicuous, environmentally sensitive,
and will be an ecological improvement to the vegetative quality of the shore and upland
areas. We hope that the commissioners will find this variance request to be in harmony
with surrounding landscape as well as with what is considered to be a reasonable use of a
lake access corridor.
Thank you,
Ryan Herm, PLA
Urban Ecosystems
Exhibits:
1A - Certificate of Survey
'l B - Certificate of Survey with Photos
2A - Council Approval of Lakeshore Access
34 - Preliminary Permit Drawings
4A - City Council Decision on Docks, Boat Storage