CC Staff Report 11-24-08
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Angie Auseth, Planner I
November 24, 2008 O~-
DATE:
SUBJ:
Peters Shoreland Setback Variance - Planning Case #08-19
PROPOSED MOTION:
"The Chanhassen City Council adopts the Findings of Fact and Action for Planning
Case #08-19 of Richard and Eunice Peters for a 15-foot shore land setback variance
to convert an existing deck into a porch on Lot 12, Block 1, Sunrise Hills Addition."
City Council approval requires a majority of City Council present.
EXECUTIVE SUMMARY
The request for a 15-foot shoreland setback variance to convert an existing deck to a
screened porch was approved at the November 10, 2008 City Council meeting. The
Findings of Fact and Action were tabled at that meeting to amend the findings to
coincide with the Council's action on the item. Attached are the amended Findings
of Fact and Action for City Council Approval.
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Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Richard and Eunice Peters for a IS-foot shoreland setback variance to
convert a 15 x 20 foot deck into a porch- Planning Case No. 08-19.
On October 7,2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Richard and Eunice Peters for a IS-foot shoreland setback
variance from the 75-foot shoreland setback to convert a 15 x 20 foot deck into a porch at 7301
Laredo Drive, located in the Single Family Residential District (RSF) on Lot 12, Block 1, Sunset
Hills Addition. The Planning Commission conducted a public hearing on the proposed variance
that was preceded by published and mailed notice. The Planning Commission heard testimony
from all interested persons wishing to speak. The decision of the Planning Commission was less
than % majority vote.
The City Council reviewed the item at the November 10, 2008 City Council meeting and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential-Low Density (1.5 - 4 units per
acre) .
3. The legal description of the property is: Lot 12, Block 1, Sunset Hills Addition.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. 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 this chapter does cause an undue hardship. The parcel
predates the shoreland zoning ordinance, as it was platted in 1956. Of the properties within
500 feet of the parcel, four do not meet the 75-foot structure setback, three of which were
granted variance approval for the encroachment, including the subject property. While the
applicant has reasonable use of the property, this request is unique, in that the applicant
would like to enclose an existing deck, which received variance approval in 1996. The
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conversion of a portion of the deck into a porch will not increase the foot print and will not
increase impervious coverage on the lot, as the original deck was constructed over a patio.
b. 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 whic~ this variance is based are applicable to all lake shore
properties that lie within the Single Family Residential District. The subject site predates
the adoption of the Zoning and Shoreland District regulations. Most of the home meets the
required shoreland setback. To provide reasonable use of the lake shore lot, the applicant
was granted a 15-foot lakeshore variance in 1996 to construct the existing deck on the lake
side of the home. While the conversion of the existing 15 x 20 foot deck will not change the
foot print of the structure nor reduce the existing nonconforming setback, enclosing the deck
intensifies the nonconformity and requires variance approval. The roof drainage will be
designed to control erosion that would be caused by the runoff.
c. 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 intent of the proposed porch is not based on the desire to increase the value of
the home. The property owner's intent is to increase the livable area of the home and enjoy
the lake view more months out of the year.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: While the applicant has reasonable use of the property and was granted a variance
in 1996 to construct the existing deck, the property was platted in 1956 and predates the
zoning ordinance. The conversion of 15 x 20 foot deck into a porch will not increase the
impervious coverage on the lot, or reduce the existing shoreland setback from Lotus Lake.
e. 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 a 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 recommended proposal will not increase the amount of hard surface coverage on the
site, or intensify the current nonconforming shoreland setback. Enclosing the deck will
increase the runoff produced on the site, however, the homeowner will provide a roof design
that will minimize erosion caused by runoff from the roof.
f. 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.
g.
Finding: The proposed home will not impair an adequate supply of light or air to the
adjacent property or substantially increase the congestion of the public streets or increase the
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danger of fire or endanger the public safety or diminish property values within the
neighborhood.
5. The planning report #08-19, dated November 10, 2008, prepared by Angie Auseth, et aI, is
incorporated herein.
ACTION
"The City Council approves Planning Case #08-19 for a 15-foot variance from the 75-foot
shoreland setback for the conversion of an existing 15 x 20 foot deck to a porch on Lot 12, Block 1,
Sunset Hills Addition, based on these findings of fact."
ADOPTED by the Chanhassen City Council on this 24th day of November, 2008.
CHANHASSEN CITY COUNCIL
BY:
Its MAYOR
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