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
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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
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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.