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2 American Legion VarianceCITY OF PC DATE: CC DATE: · 6/17/03. 6/23/O3 'STAFF REPORT Z LOCATION: APPLICANT: A request for ~[ 13 foot variance from the 35-foot front ymxl setback requirement for the con~mction of a South of Highway 5, East of Gre~ Plains Boulevard, and north of the Citgo Gas Station and New Horizon Daycare. Lot 2, Block 1, Park Nicollet Addition Chanhassen Ameri~ Legion 290 Lake Drive East Chanhassen, MN 55317 (612) 306-8008 Ameri~ Legion Housing CommiU:ee 290 Lake Drive East Chanha~,en, MN 55317 (612) 306-8008 .Ltl BN, Neighborhood Business ACREAGE: 92,246 Square Feet DENSITY: N/A 2020 LAND USE: Commercial SUMMARY OF REQUF3T: The American Legion Post 580 is requesting a variance to allow""-.. the cons~on of a d~L The ordinance requkes a 35 foot front yard ~tb~L Thc applicant is requesting to maintain a 22 foot front yard setback. Staff has prepared conditions for both approval and denial of this request.-Notice of the public heating has been sent to ~es within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MA KING: The City's discretion in approving or denying a variance is limited to whether or not .the proposed project meets the standards in the Zoning Ordinance for variance. The City has a relativelY high level of discretion with a variance because of the bmden of .proof is on the applicant to show that they meet the standards in the ordinance. Chanhassen American Legion Deck Variance June 17, 2003 Page 2 APPLICABLE REGULATIONS Sec. 20-695 Lot requirements and setbacks in the BN District (8) Minimum setback requirements: a. For front yards, thirty five (35) feet. BACKGROUND On March 11, 2002, the city approved a site plan for the American Legion Post 580. On December 9, 2002, the City Council approved the request for a 3 foot height variance for the construction of an 8 foot monument sign and a Conditional Use Permit for the LED display within a monument, ground low profile sign. FRONT YARD SETBACK VARIANCE ANALYSIS The applicant is requesting a 13 foot front yard setback variance to construct a 972 square foot deck to provide outdoor seating for customers. The building maintains a 40 foot front yard setback from the northerly propervj line. The ordinance requires a 35 foot front yard setback. Also located north of the building is a 12 inch private storm sewer line. The northwesterly comer of the deck is proposed to be built over this Chanhassen American Legion Deck Variance June 17, 2003 Page 3 line. The applicant should be aware that the proposed deck crosses over an existing private storm sewer line. Care should be taken during construction to avoid damaging the storm sewer. The northerly ~ line of the site is not a typical straight line. The westerly 39 feet of the front property line is located 65 feet from the building. This line then drops 25 feet closer to the building and is located 40 feet north of the legion building. Staff has not been able to determine the reason behind the shape of the northerly lot line; however, we suspect that it was created to agc~mmodate an NSP easement. This NSP easement runs parallel to the northerly property line. The southerly line of this easement is located 5 feet north of the Legion Building. The deck is proposed to be located north of the newly constructed building and entirely within the NSP easement. At the time of writing this report, staff had not yet m~d_a contact with the electric company, however, the applicant informed staff that they have been given permission to build within the easement as long as the s~ does not exceed 20 feet in height As a condition of approval of this application, the applicant must provide the city with a signed document from the electric company permitting the construction within their easement. HARD SURFACE COVERAGE The site has an area of 92,246 square feet. The existing hard surface coverage, including the patio area, is 55,133 square feet (59%). The ordinance allows a maximum hard surface coverage of 65% in the BN District. With the addition of thc deck, the total hard surface coverage will increase to 60.8%. The hard surface coverage meets ordinance requirements. The Planning Commission shall not recommend and the City Coun~ shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause undue hardship. Unrh~e hardship mea~ that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use m~d~ 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 ~ there m'e pre-existing stan~ in this neighborhood. Variances that blend with these pre-e~g standards without departing downward from them meet this criteria. The shape of the property is crea~g the hardship in this case. The actual physical distance between the roadway of Highway 5 and the building exceeds 90 feet. If the property line did not drop closer to the building, the applicant would have been able to build the deck without a variance. Chanhassen American Legion Deck Variance June 17, 2003 Page 4 bi The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classifi~on. The conditions upon which a petition for a variance is based are applicable, generally, to other property within the same zoning classification C. The purpose of the variation is not based upon a des~ to increase the value or income potential of the parcel of land. Finding: The purpose of the variation is to provide outdoor seating for guests. cl. The alleged difficulty or hardship is not a self~ hardship. Finding: The alleged difficulty or hardship is not seff~ 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 1~ The granting of the variance will not be detrimental to the public welfare or injurious to other land or i .mpwvements in the neighborhood in which the parcel is located. The proposed variation will not i .repair an adequate supply of light and air to adjacent ~ or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or im~rmir pi'operty values within the neighborhood. The proposed variation will not i .mlxair an adequate supply of light and air to adjacent ~ or substantially increase the eonges~on of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or RECOMMENDATION Should the Planning Commission approve this application, staff recommends the Planning Commission adopt the following motion: '~he Planning Commission approves the request for a 13 foot front yard setback variance (VAR 03-9), for the construction of a 972 square foot deck based upon the findings presented in the staff report with the following conditions: Chanhassen American Legion Deck Variance June 17, 2003 Page 5 lo The applicant shall provide the city with a written agreement between the Legion and NSP allowing the consUuction of the deck within the NSP easement. 2, Thc applicant should be aware that the proposed deck crosses over an existing private storm sewer line. Care should be taken during construction to avoid damaging the storm sewer. Should the Planning Commission deny this app.lication, staff rec, omme~ds the Planning Commission adopt the following motion: '°l~e Planning Commission denies the request for a 13 foot front yard setback variance (VAR 03-9), for the construction of a 9'/2 square foot deck based upon following: 1. The applicant has a reasonable opportunity to design a deck that meets ordinance requirements." ATTACHMENTS 1. Application 2. Property Owners and Public ~g Notice 3. Plans CITY OF CHANHASSEN 77O0 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1i00 DEVELOPMENT REVIEW APPUCATION ADDRESS: ~ 0 ~'~' ~'~-, ' ,~---~,~'?-- ADDRESS: ~ ~--~"~"7- TELEPHONE(Daytime) ~( Z - ,~6~ '-~ ~:' TELEPHONE: ~../'E_. ~_~, --~0 ~ Comprehensive Plan Amendment Conditional Use Permit Intedm Use Permit Non-conforming Use Permit Planned Unit Development* Rezoning ~ Sign Permits Sign Plan Review Site Plan Review* Subdivision* Temporary Sales Permit Vacation of ROW~ r'~ Vadance Wetland Alte~ Permit X Notification 81gn Escrow for Filing Fees/A~mey Cost.. ($50 CUP/SPRNACA/AR/WAP/Metes and Bounds, $4(X) Minor SUB) TOTAL FEES A II~t of all property ownem within 500 feet of the boundmlee of the pmpedy mu~ I~ Includ~ with the Building ~1 ~arnples must be m.lbmltted with elto plan revlewa~. for each plan sheet. ** Escrow will be required for other applications through the dev~ contract NOTE - When multiple applications am processed, lhe appropriate fee.shall be charged for each application. TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING REQUESTED ZONING ,.~~ PRESENT LAND USE DESIGNATION YES ~ NO REQUESTED LAND USE DESIGNATION .- This 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 w~ the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written · notice of application deficiencies shall be mailed to the applicant'wlthln ten busineas days of application. "-' This is to certify that I am maldng application for the described action by the City and that I am responsible for 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 T'~le, Abstract of Title or purchase agreement), or I am ~ authorized person to make this application and the fee owner has also signed this application. I will keep myself 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-saxiles, etc.. w~ 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 The city hereby notifies 1~ applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant lhat the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are/aPl~roved by the applicant. Application Received ~ Fee Paid ~,5 ~1~. Receipt No. ~ The applicant should contact elaff for e copy of the staff report, which Will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the appilcant's addrea~ NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 17, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Variance Request APPLICANT: American Legion Post 580 LOCATION: 290 Lake Drive East NOTICE: You am invlted to attend a public headng about a proposal In your area. The applicant, Amedcan Legion Post 580, is requesting a front yard ~k variance for the construction of a deck on property zoned BN, Neighborhood Business and located at 290 Lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain Input from the neighborhood about this project. Dudng the meeting, the Chair will lead the public headng through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall dudng office hours, 8:00 a.m. to 4:30 p.m., Monday through Fdday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mall salJaffOci.chanhessen.mn.us. 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 Cornmission. Notice of this public hearing has been published in the Chanhassen Villager on June 5, 2003. =ETER J & KATHERINE A MANDY 3-'210 NEAR MOUNTAIN BLVD 3HANHASSEN MN 55317 DAVID S JOSSI 250 HIDDEN LN CHANHASSEN MN 5.5317 sl~qe'l ss-~pp¥ MA'I-I'HEW J PATTEE & DONNA E SPINELLI 340 HIDDEN LN CHANHASSEN MN 55317 3 L B PROPERTIES LLC 1831 KOEHNEN CIR EXCELSIOR MN 5.5.331 JAMES B & KAREN A COOK 260 HIDDEN LN CHANHASSEN MN 5.5317 PAUL R & MICHELLE M HAIK 261 HIDDEN LN : CHANHASSEN MN 55317 3HANHASSEN HRA 7700 MARKET BLVD 3HANHASSEN MN ERIC S LINVILLE & PO BOX 147 :-' KAFI E COHN 5.5317 280 HIDDEN LN CHANHASSEN MN 55317 '. RICHARD C & JULIE L NESSLY 350 HIDDEN LN CHANHASSEN MN 55317 DISCOVERY UNITED METH CHURCH ~50 TRUMBLE ST CHASKA MN 55318 LEE & MARY KAUFMAN 300 HIDDEN LN CHANHASSEN MN 5.5317 KEITH & DELORES H BLATZHEIM 271 .HIDDEN LN CHANHASSEN MN 5.5317 BROWN PROPERTIES LLC C/O GARY L BROWN 1831 KOEHNEN CIR W EXCELSIOR MN 55331 JEFF & KAREN HONGSLO 310 HIDDEN LN CHANHASSEN MN 5..5317 BRIAN D & JEAN M STECKLING 8O40 HIDDEN CT CHANHASSEN MN. 55317 M, AOCO AMERICAN OIL CO CIO ERNST & YOUNG LLP PO BOX 0652 CHICAGO IL 60606 BLUE CIRCLE INVESTMENT CO 1304 MEDICINE LAKE DR STE 301 PLYMOUTH MN 55441 'JAMES A & CAROL A UDSTUEN 360 HIDDEN LN CHANHASSEN MN 55317 GRACE DEVELOPMENT LLC C/O NORTHCO'i-I' COMPANY 250 LAKE DR E CHANHASSEN MN 55317 HOLIDAY STATION STORES INC 4567 80TH ST W BLOOMINGTON MN 55437 CHANHASSEN NH PARTNERSHIP CIO NEW HORIZON CHILD CARE 16355 36TH AVE N SUITE 700 PLYMOUTH MN ~ MARK A METZ 32O HIDDEN LN i CHANHASSEN MN 55317 DAVID L & MEGAN M KLEIN .8000 HIDDEN CIR · , , CHANHASSEN MN 55317 .-, · ! ' ~ MICHAEL R SCHNABEL & SANDRA J STAI 370 HIDDEN LN CHANHASSEN MN 55317 · ~,JVlERICAN LEGION-CHAN POST 580 7995 GREAT PLAINS BLVD 3HANHASSEN MN 55317 · · THOMAS PAUL BOTAMER 8020 HIDDEN CT CHANHASSEN MN 55317 KEVIN R & DONNA J BECKER 8060 HIDDEN CT CHANHASSEN MN 55317 .=ARK NICOLLET HEALTH SERVICES 3800 PARK NICOLLET BLVD ST LOUIS PARK MN 55416 DAVID A LYONS & JULIE TENHOFF-LYONS 330 HIDDEN LN CHANHASSEN MN- 55317 ... BISRAT & DENISE ALEMAYEHU 380 HIDDEN LN CHANHASSEN MN 55317 ~09~S ~ese'l LAUREN C & SHAUNA J KOPP 8020 HIDDEN LN CHANHASSEN MN 55317 WILLIAM R & DEBRA E PRIGGE 390 HIDDEN LN CHANHASSEN MN 55317 ANTHONY & MARY PAVLOVICH 8010 HIDDEN CIR CHANHASSEN MN 5,-.-~17 NANCY L HELLAND 8091 HIDDEN CIR CHANHASSEN MN 5,5317 ROBERT J & LOIS A SAVARD 8080 MARSH DR CHANHASSEN MN 5,5317 NGUYEN & BINH NGU CHAU 8080 HIDDEN CT CHANHASSEN MN 55317 MARK & CARLA THOMPSON 311 HIDDEN LN CHANHASSEN MN 55317 JULIE K REDMOND 8081 HIDDEN CIR CHANHASSEN MN 55317 THOMAS J & JODI E SCHLEYER 321 HIDDEN LN CHANHASSEN MN 55317 JASON K & LAURA J LEHMAN 8090 MARSH DR CHANHASSEN MN 55317 BRIAN E SEMKE & DEBORAH C DEUTSCH 331 HIDDEN LN CHANHASSEN MN i~IANINE M SWANK '.8071 HIDDEN CIR '. CHANHASSEN MN 55317 55317 ad)9~S ~J a~eldtum, aSll ~s'~.aaqs. paa4 qlooms ' ~ h~f of the NE 1/4. Seotfon 13 -W#t line of the Weet H~f the Nerthe<mt Clum'br N80'OS'16~ ./ ./ 25,O0 /- ./ /. ~ =00'5'7'34" / R=2802.96 L=46.94 // '~ I // 0 denotes 1/2" x 14." Iron pipe eat by license number 1§478, unless otherwlea shown. · denotea 1/2" iron monument found, unless otherwlea ehown. ~ ~ denotea Found MN D.O.T. Monument