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510 Pleasant View Variance Staff Report_Final Project: Side Setback Variance Request (Planning Case 2024-14) Planning Commission Review Date: September 3, 2024 60 Day Action Deadline: October 1, 2024 Drafted By: Rachel Jeske, Planner Staff Report Date: August 28, 2024 SUMMARY OF REQUEST: The applicant is requesting a variance from Section 20-615 Lot Requirements and Setbacks for the Residential Single Family zoning district, which requires that all structures are setback a minimum of 10 feet from side property lines. The applicant is proposing a deck expansion that encroaches approximately 2.34 feet into the side yard setback. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. PROPOSED MOTIONS: “The Chanhassen Board of Appeals and Adjustments approves the requested side yard setback variance for the construction of a deck at 510 Pleasant View Rd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 510 Pleasant View Rd August 28, 2024 Page 2 of 4 LOCATION: 510 Pleasant View Rd, Chanhassen, MN 55337 (Subject Property) APPLICANT/OWNER: Mark Guy CURRENT ZONING: Residential Single-Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 0.27 Acres LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances. Chapter 20, Article 20-VII, Shoreland Management District Chapter 20, Article 20-XII, “RSF” Single-Family Residential District BACKGROUND The property is located on the North side of Lotus Lake. It is a part of the Pleasant View plat, which was platted in 1910. ZONING OVERVIEW Section 20-615 Lot Requirements and Setbacks for the Residential Single Family (RSF) zoning district requires that all structures are setback a minimum of 30 feet from the front and rear yards and 10 feet from side yards. Below is a table that displays the existing and proposed conditions of the subject property against the RSF zoning district lot requirements. 510 Pleasant View Rd August 28, 2024 Page 3 of 4 RSF Existing Proposed Lot Area 15,000 s.f. 12,405 s.f. 12,405 s.f. Hardcover 30% 42% 42% Lot Width 90 ft 50 ft 50 ft Lot Depth 125 ft 179 ft 179 ft Front Setback 30 ft 24.6 ft 24.6 ft Side Setback (northwest) 10 ft 4.1 ft 4.1 ft Side Setback (southwest) 10 ft 10.3 ft ~7.64 ft Rear Setback 30 ft Home: ~82 ft Garage: 7.8 ft Home: ~82 ft Garage: 7.8 ft The Subject Property is deficient in lot area, lot width, front and side setbacks as the property was established with a plat in 1910 which predates the current RSF zoning district and as a result is a lawful nonconforming lot. This is one of the city’s oldest neighborhoods and it has seen a substantial amount of turnover in housing stock leading to a blend of architectural styles. Nearly half of the properties within 500 feet have received front yard setback variances and numerous other properties in the area have non- conforming front yard setbacks. ANALYSIS 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.” The requested variance fulfills the intent of the chapter as the proposed use of a deck is a reasonable proposed addition to a property with a single-family home and through the decks screened location is found to be consistent with the comprehensive plan. 2. “When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” 510 Pleasant View Rd August 28, 2024 Page 4 of 4 The property owner proposes to add a deck to the residential property which is a reasonable use of the property. The location of the deck is also a reasonable location however the width of the lot creates a practical difficulty in adhering to the minimum side yard setback because the overall width of the lot does not meet the current standard required of properties which are zoned as RSF. 3. “That the purpose of the variation is not based upon economic considerations alone.” The proposed variance is not based on economic considerations alone and is solely the result of the substandard lot width. 4. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” The plight of the landowner is created by the substandard dimensions and age of the property, and not created by the landowner. 5. “The variance, if granted, will not alter the essential character of the locality.” The applicant has proposed a location that is screened from view of the right-of-way by a combination of structures and vegetation on the property. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” The proposed deck is not an earth-sheltered construction and therefore this statement is not applicable. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action. “The Chanhassen Board of Appeals and Adjustments approves the requested side setback variance for the construction of a deck at 510 Pleasant View Road subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” STAFF CONDITIONS Building Dept • A building permit must be obtained before beginning any construction.