PC Staff Report 10-6-09
CC DATE: 10/12/09
[!]
PC DATE: 10/6/09
CITY OF CHANHASSEN
REVIEW DEADLINE: 11/3/09
CASE #: 09-15
BY: AK, AF, JM, TJ
PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and
Adjustments, approves an 12.5-foot front yard setback variance, a 6.5-foot east side yard setback
variance, a 9-foot driveway setback variance along the west property line, a variance from the two-
car garage requirement for the construction of a single-car garage, and a 13.4% hard surface
coverage variance for the construction of a single-family home on a non-conforming lot of record,
Planning Case #09-15, and adoption ofthe Findings of Fact And Action, and subject to conditions
1-3 as specified on pages 9 and 10 of the staff report."
PROPOSAL: The applicant is requesting the following variances for the construction of a single
family home on a non-conforming lot of record zoned Single Family Residential District (RSF):
. Front yard setback: 12.5-foot variance (17.5-foot setback)
. East side yard: 6.5-foot variance (3.5-foot setback)
. West side yard: 9- foot driveway variance (I-foot setback)
. Lake setback: 18.5-foot variance (56.5-foot setback)
. Two-car garage: single-car garage variance (single-car garage)
. Hard surface coverage: 13.4% variance (38.4% HSC)
6~'
(All proposed setbacks are measured from the 1S-inch eaves of the structure).
LOCATION: 3625 Red Cedar Point Road
Lot 11, Block 4 & east 10 feet of Lot 12, Red Cedar Point Lake Minnewashta
APPLICANT:
Bill Worms
BayCliff Homes
17809 Hutchins Drive, Suite 100
Minnetonka, MN 55345
Betsy Anding
3618 Red Cedar Point Road
Excelsior, MN 55331
PRESENT ZONING: Single Family Residential (RSF)
2030 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre)
ACREAGE: .16 (6,770 square feet)
DENSITY: N/ A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
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 a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Anding Variance
Planning Case # 09-15
October 6,2009
Page 2 of 10
SUMMARY OF PROPOSAL
The subject site is located on Lake Minnewashta's Red Cedar Point at Red Cedar Point Road and
is zoned Single-Family Residential (RSF). The site is a non-conforming lot of record with an
area of 6,770 square feet versus the minimum 20,000 square feet for a riparian lot in the RSF
district.
The applicant is requesting a 12.5-foot front yard setback variance (17.5-foot setback) from the
minimum 30-foot front yard setback requirement, a 6.5-foot east side yard setback variance (3.5-
foot setback) from the minimum 10- foot side yard setback requirement, a 9- foot driveway variance
along the west property line (I-foot setback) from the minimum 10- foot driveway setback, a
variance from the two-car garage requirement for the construction of a single-car garage, and a
13.4% variance (38.4%) from the 25% hard surface coverage maximum requirement in the RSF
district for the construction of a single-family home.
The zoning ordinance states that eaves may not encroach into the required setback if a variance is
granted. Therefore, all setback distances for variance consideration will be measured from the
eaves of the structure while the foundation is recessed 18 inches from the eaves. Staffis
recommending approval of this variance request based on providing reasonable use of the property
and the uniqueness of the site and Red Cedar Point Road.
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 3 of 10
APPLICABLE REGUATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article II, Division 4. Section 20-73. Nonconforming lots of record.
Chapter 20, Article VII. Shoreland Management District.
Chapter 20, Article XII. Single-Family Residential (RSF) District.
Chapter 20, Article. XXIII, Division 1. Sec. 20-905. Single Family Dwellings
Chapter 20, Article XXIII, Division 1. Sec. 20-908. Yard Regulations.
Chapter 20, Article XXIV, Division 2. Section 20-1122. Access and driveway
BACKGROUND
The subject property was platted as part of the Red Cedar Point Lake Minnewashta Subdivision
which was recorded on August 30, 1913. The subject site is a non-conforming lot of record as it
does not meet minimum lot requirements. Originally, the parcel consisted of Lot 11, which was 40
feet in width. In 1968, an additional ten feet was purchased form Lot 12 to increase the width to 50
feet. The lot area is 6,770 square feet verses the required 20,000 square-foot requirement for
riparian lots.
The existing right-of-way width on Red Cedar Point Road is 15 feet, which is substandard. Typical
right-of-way width is 60 feet; 50 feet in environmentally sensitive areas. City Code requires
minimum 24-foot wide rural (ie. no curb or gutter) streets within this zoning district. At this
location, Red Cedar Point Road is approximately 18 feet wide.
Approximately four to six feet ofthe road lies outside ofthe
right-of-way on 3625 Red Cedar Point Road.
Due to the fact that the Red Cedar Point Lake Minnewashta
subdivision predates the adoption of the zoning ordinance in
1972, nearly all the parcels in this development are non-
conforming lots of record and many may require a variance to
update the homes, as well as provide a reasonable use of the
property (year-round homes).
ANAL YSIS
The applicant and her family have lived in the Red Cedar Point
neighborhood since the early 1900s and would like to continue to
do so. This property has been in the family for many years and
the property owner would like to construct a home on the site.
Due to the size of the lot a market rate home is virtually
impossible to locate on the site without variances.
The subject site is a non-conforming lot of record as it was
platted in the early 1900s and does not comply with many of the
RSF zoning district standards which were established in 1972.
The site has an area of 6,770 square feet and a width of 50 feet at
the street and lake frontages. City Code requires riparian lots to
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Anding Variance
Planning Case # 09-15
October 6,2009
Page 4 of 10
have a minimum area of 20,000 square feet and 90 feet of street and lake frontage.
Additionally, the required 30-foot front yard, 10- foot side yard, 75- foot lakeshore setbacks, and
25% maximum hard surface coverage requirements further limit the buildable area of the site. To
comply with all of the required setbacks, the buildable area of the site is 900 square feet.
City Code requires that a (30' x 30') rambler have a minimum floor area of900 square feet and a
two-story have a minimum of 600 square feet on the first level. In addition to the minimum floor
area, the City Code also requires the site to have a two-car garage. An average size garage is 22'x
22' (484 square feet).
The required garage alone would occupy over 50% of the buildable area. With a 484 square-foot
garage, 600 square-foot two-story home and a 24' x 30' driveway, the site coverage would exceed
the maximum 25% hard surface coverage. This does not take into account any sidewalk or patio
improvements or a water-oriented accessory structure, which is also a reasonable use within the
shoreland district. Due to the size of the lot and scale of the house, the applicant is requesting a
variance to construct a single-car garage.
A standard single car garage is 10' x 20' with a typical 8 foot garage door. The applicant is
requesting a single garage, but the plan shows a single plus size garage. If the garage was reduced
to 10' x 20' the front yard setback and hard surface coverage variances will also be reduced.
The applicant is requesting several variances from the RSF and shoreland district regulations to
build a single-family home on the site.
Ordinance Proposed Variance
Request
Single-Family Home 600 square feet 1,390 square feet NA
(two-story) (First floor) (First floor)
Front yard setback 30' 17.5' 12.5'
(includes eaves)
Garage Two-Car Single-Car Single-Car
East side yard setback 10' 3.5' 6.5'
(includes eaves)
Driveway side yard 10' l' 9'
setback (west)
Shoreland setback 75' 56.5' 18.5'
(includes eaves)
Hard Surface Covera2e 25% 38.4% 13.4%
The zoning ordinance states a two-story single-family home must have minimum area of 600
square feet on the first level. However, current market conditions and the surrounding properties
necessitate a larger living space. For example, in the North Bay Subdivision the house is
approximately 1,700 square feet located on a 3,150 square-foot lot. The subdivision is a Planned
Unit Development (PUD) and the hard surface coverage is balanced across the development.
The lots also have a 25-foot front yard setback and 5-foot and 10-foot side yard setbacks.
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 5 of 10
Additionally, the surrounding properties within the Red Cedar Point subdivision contain single-
family homes ranging from 2,000 square feet to 4,000 square feet.
Front Yard Setback:
Due to the fact that the existing right-
of-way width on Red Cedar Point Road
is substandard, and approximately four
to six feet of the road lies on the subject
site, the applicant is requesting a front-
yard setback of 17.5 feet from the
property line. The proposed setback
from the edge of the bituminous public
street is II feet as measured from the
eaves. This is not a self-created
hardship, as the public street is not
constructed entirely within the platted
right of way.
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It is anticipated that the streets within Red Cedar Point will be reconstructed in 2010 due to the
poor condition of the streets and the utilities. Reconstruction work within this neighborhood will
be challenging since the majority of the right-of-way within the area is substandard and existing
structures are quite close to the right-of-way.
Based on the depth of sanitary sewer and watermain, the excavation limits of typical construction
techniques will extend past the right-of-way. Additional space will be required to place material
excavated from the construction trench. Considering that the right-of-way width in this area is
only 15 feet, staff is aware that special construction techniques will be required for the project.
Perimeter drainage and utility easements were not included on the Red Cedar Point Lake
Minnewashta plat; therefore, space required for the project outside of the 15-foot right-of-way
will need to be secured by permanent and/or temporary easements.
Typically, staff attempts to preserve a construction corridor free of structures to provide adequate
space for construction; however, this particular lot presents many challenges that would prevent
this, specifically the narrow lot width (50 feet) and the setback from the lake (75 feet).
The applicant is proposing a side-loading single car garage, which faces the west property line.
The proposed garage is located 11.5 feet from the right-of-way and 5 feet from the edge of the
road. The size and orientation of the garage minimizes the front-yard setback variance request
and allows for snow storage between the garage and the public street.
East side yard setback: While the main house will meet the 10- foot side yard setback, the
applicant is proposing to offset the garage to the east on the property, which will allow for
access into the side-load garage and provide for and attractive home style. Since the lot is only
50 feet wide, to offset the garage the applicant is requesting a 3.5-foot side yard setback, as
measured at the eaves.
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 6 of 10
Driveway setback: With the proposed single-car garage positioned as a side load, the area of the
driveway increases significantly. City Code requires driveways to be set back a minimum 10
feet from the side property line within the first 20 feet back from the right-of-way. After 20 feet,
the driveway may be set back 5 feet from the side property line.
Due to the size of the lot (50-foot width), the side load garage and Red Cedar Point Road
encroaching onto the subject site, the proposed driveway width and I-foot setback from the west
property line is necessary to accommodate the turning movements of a passenger vehicle
entering the garage.
Additionally, because the proposed garage is a single stall, off-street parking should be taken into
account for this site to help alleviate parking on Red Cedar Point Road.
The applicant is proposing to
relocate the existing shed
near the shoreline to be used
for water-oriented items. The shoreland district allows for such use a minimum of 10 feet from
the OHW and from the side yard setback. The proposed shed is included in the hard surface
coverage calculations.
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Shoreland Setback: The
applicant is requesting a
56.5-foot shoreland setback,
as measured at the eaves.
The applicant positioned the
proposed house in this
location to keep in line with
the adjacent properties to
maintain their view of the
lake.
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Hard Surface Coverage: As stated previously, due to the size of the lot, a standard 22'x 22'
(484 square-foot) garage, minimum 600 square-foot (two-story) home and typical 24' x 30'
driveway would exceed the maximum hard surface coverage for the lot. This does not account
for a sidewalk, access pads (i.e. stairs from exiting doors) or water-oriented structure, all of
which are reasonable accessory uses within the residential single-family and shoreland district.
Additionally, 284 square feet of Red Cedar Point Road is located on the subject site, as the road
is not located entirely within the platted right-of-way.
If Red Cedar Point Road were located within the platted right-of-way and not on the subject site,
then the proposed hard surface coverage would be 34% rather than the requested 38.4%. The
location of the street significantly increases the site coverage. The location of Red Cedar Point
Road is not a self-created hardship and therefore presents a unique circumstance which limits the
available site coverage on the property.
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 7 of 10
500 Feet
Many of the existing lots and setback dimensions throughout the neighborhood do not meet the
minimum requirements, because the original homes/cabins were constructed in the early 1900s,
nearly 70 years before the district standards were adopted.
Staff reviewed city records
to determine if variances
had been granted within
500 feet of the subject
property. Staff found 12
variances granted within
500 feet of the subject
property, all of which are
setback variances (see
Attachment 5)
Additionally, of the 12
variances within 500 feet,
the size of the house and garage on the parcels range from 2,000 square feet to over 4,000 square
feet. Based on the surrounding properties, the applicant's request for a 1,590 square-foot house
and attached garage (1,390 square-foot house + 200 square-foot garage) is a reasonable request
as it will blend well with the surrounding properties.
TREE PRESERVATION
Within the proposed building pad, there are no existing trees. A small cedar is located near the
east property line and a large ash is growing near the west property line. The applicant may try
to preserve the ash and possibly the cedar as well. Neighbors have mature trees very close to the
property lines on either side of the lot. To protect the trees during construction, the following
practices are advised:
. Tree protection fencing must be properly installed at the edge of construction. This must be
done prior to any construction activities and remain installed until all construction is
completed.
. To retain soil moisture in the remaining root area, wood chip mulch should be applied to a
depth of 4 - 6 inches, but no deeper, over all the root area.
. When excavating near the tree, roots should be cut by hand or a vibratory plow to avoid
ripping or tearing the roots.
. No equipment or materials may be stored within the protected root areas.
. The trees will need to be watered during dry periods until the ground is frozen.
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 8 of 10
If the applicant chooses not to preserve the existing trees, a total of two trees will be required to
be planted in the yard. If the ash is protected and saved, then only one tree will be required to be
planted.
WETLANDS
A review ofthe City's wetland inventory map, the NRCS Soil Survey and available aerial
photography is not indicative of the presence of any wetland features on the property. The
property is abutted by Lake Minnewashta to the south but appears to be lacking a fringe wetland
area. Based upon this review, it is unlikely that any wetland impacts will occur as a result ofthe
proposed site plan.
LAKES
The entire property lies within 1,000 feet of the ordinary high water level (OHW) for Lake
Minnewashta, a recreational development lake, and is therefore subject to the Shoreland
Management District rules. Any variance from these rules must also be approved by the
Commissioner of the Department of Natural Resources. A copy of the application was submitted
to the DNR and, as of the date of this report, no comment had been received from the DNR.
This is not to be construed as a positive recommendation from the DNR.
EROSION AND SEDIMENT CONTROL AND RUNOFF
Because a majority of the site drains towards a Water of the State, there is increased importance
that sediment and erosion control management measures are installed prior to any earth
disturbing activities. These measures should be sufficient to prevent the displacement of
sediment into Lake Minnewashta. At a minimum, they should comply with Chanhassen Erosion
Control Detail Plate No: 5302B. In the event that the erosion and sediment control measures are
inadequate, the owner must incorporate additional best management practices to assure that all
sediment is contained on site.
Until such a time as the permanent driveway is in place, a rock construction entrance will be
needed at all times. This entrance shall generally follow the specifications described in Detail
Plate No. 5301. However, because ofthe diminutive nature ofthe lot, the rock entrance needs
only to be at least 20 feet in length and width but must otherwise comply with the specifications
previously mentioned.
Additional best management practices shall be incorporated as needed to assure that no sediment
is transported onto neighboring properties. All best management practices must remain in place
until at least 75% ofthe property is permanently stabilized.
OTHER AGENCIES
The applicant is responsible for and obtaining any permits or approvals from the appropriate
regulatory agencies and comply with their conditions of approval. These agencies may include
the Department of Natural Resources, the United States Army Corps of Engineers and the
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 9 of 10
Minnehaha Creek Watershed District. For instance, a permit will be required from the
Minnehaha Creek Watershed District under Rule B: Erosion Control.
MISCELLANEOUS
A building permit is required before any construction may begin. Any portion of the structure
less than five (5) feet from the property line must be of one-hour fire-resistive construction.
Building permits are required for any retaining walls greater than 4 feet in height. Retaining
walls must be designed by a structural engineer licensed in the State of Minnesota.
Approval of a variance is contingent upon proof that the literal enforcement of the City Code
would cause an undue hardship. Many aspects of the parcel are legal non-conforming, including
the lot size and lot frontage, because the lot was platted in the early 1900s, prior to the adoption
of the district regulations.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission, as the Board of Appeal and Adjustments, approves an
12.5-foot front yard setback variance, a 6.5-foot east side yard setback variance, a 9-foot driveway
setback variance along the west property line, a variance from the two-car garage requirement for
the construction of a single car garage, and a 13.4% hard surface coverage variance for the
construction of a single-family home on a non-conforming lot of record, Planning Case #09-15, and
adoption of the findings of fact and action, subject to the following conditions:
1. Building Official Conditions:
a. A building permit is required.
b. Any portion of the structure less than five (5) feet from a property line must be of one-
hour fire-resistive construction.
c. Any retaining was greater than 4 feet in height must receive building permit approval.
d. Retaining walls greater than 4 feet in height must be designed by a structural engineer
licensed in the State of Minnesota.
2. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of the grading limits on the
entire east, west and south sides. This must be done prior to any construction activities
and remain installed until all construction is completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow.
c. No equipment may be stored within the tree protection areas.
Anding Variance
Planning Case # 09-15
October 6, 2009
Page 10 of 10
d. If no trees are present in the rear yard, two overstory, deciduous tree are required to be
planted. If the existing ash tree is preserved, one overstory, deciduous tree will be
required to be planted. Trees must have a minimum diameter of 2 W' when planted.
3. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details for
erosion and sediment control. This should include, at a minimum, 393-5301 and 393-
5302B. All erosion and sediment control features shall be installed prior to any earth
disturbing activities and shall remain in place until at least 75% of the property is
permanently stabilized.
b. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
where applicable and comply with their conditions of approval.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Registered Land Survey.
4. Building Elevations.
5. Variances within 500 Feet.
6. Letter from Deborah Lochart and Diane Anding dated September 2,2009.
7. Letter from Patricia Souba dated September 2, 2009.
8. Letter from Richard Anding dated September 6,2009.
9. Letter from Marsha and Steve Keuseman.
10. Public Hearing Notice and Affidavit of Mailing List.
g:\plan\2009 planning cases\09-15 anding variance - 3625 red cedar point\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for an 12.5-
foot front yard setback variance (17.5 foot setback) from the minimum 30-foot front yard setback
requirement; a 6.5- foot east side yard setback variance (3.5 foot setback) from the minimum 10-
foot side yard setback requirement; a 9- foot driveway setback variance along the west property line
(1 foot setback) from the minimum 10- foot driveway setback; a variance from the two-car garage
requirement for the construction of a single car garage; and a 13.4% variance (38.4%) from the
25% hard surface coverage maximum requirement variance for the construction of a single-family
home on a non-conforming lot of record - Planning Case No. 09-15.
On October 6,2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of Betsy
Anding, for a front yard setback, east side yard setback, driveway setback, single-car garage, and a
hard surface coverage variance to construct a single-family home on a non-conforming lot located
at 3625 Red Cedar Point Road, located in the Single-Family Residential (RSF) district on Lot 11,
Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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 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 (1.2 - 4 units per
acre).
3. The legal description of the property is: Lot 11, Block 4 and east 10 feet of Lot 12, Block 4,
Red Cedar Point Lake Minnewashta.
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 these criteria.
1
b. Finding: The literal enforcement ofthis chapter does cause an undue hardship. The parcel
predates the zoning ordinance as it was platted in 1913 and is a legal non-conforming lot of
record. The site is significantly smaller than the required 20,000 square feet of area and the
90 feet of street and lake frontage. The subject site has an area of 6,770 square feet and 50
feet oflake and street frontage. Several ofthe properties within 500 feet ofthe parcel are
also legal non-conforming, many of which may already have or require variance approval to
construct or modernize their sites.
c. 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 which this variance is based are not applicable to all
properties that lie within the Single-Family Residential District. This condition is unique to
the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the zoning
ordinance and many of the houses and properties within the subdivision do not meet the
current lot requirements for the district. The 284 square feet of Red Cedar Point Road lies
within the subject property, thus occupying 4% ofthe available hard surface coverage for
the site, limiting the available area for a single-family home, garage, driveway, etc.
d. 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 addition is not based on the desire to increase the value
of the home. The property owner's intent is to provide reasonable use of the property by
constructing a single-family home on the lot. A two-car garage is a requirement of the RSF
district; however, a standard two-car garage would occupy over 50% of the lot area.
Therefore, due to the size of the lot and the scale of the home, the applicant is proposing to
construct a 10' x 20' single-car garage. Additionally, the size ofthe proposed home and
garage is within the size range of the homes on surrounding properties within the Red Cedar
Point subdivision, and is a reasonable request.
e. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not self-created because the applicant is requesting to
construct a single-family home on a non-conforming lot of record which does not meet the
lot area or width requirements of the RSF and Shoreland district. Red Cedar Point Lake
Minnewashta was platted in 1913 and predates the adoption of the zoning ordinance. The
proposed single-family dwelling and 10' x 20' single-car garage is smaller in size than what
the neighborhood and market demands for an individual dwelling unit within an attached
single-family building. Additionally, 284 square feet of Red Cedar Point Road is located
on the subject site which significantly limits the available hard surface coverage of the
site.
f. 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.
2
Finding: The granting of a variance for the construction a single-family home 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 applicant is proposing to construct a
single-family home which is a permitted use within the RSF district with a single-car garage
versus a two-car garage to minimize the building square footage, and maintain the adjacent
properties' lake views by proposing a similar setback. The proposed driveway will
accommodate the turning radius of a passenger vehicle into the side-load garage as well as
accommodate off-street parking.
g. The proposed variation will not impair an adequate supply oflight 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.
Finding: The proposed home will not impair an adequate supply of light or air to the
adjacent property or substantially increase the congestion ofthe public streets or increase the
danger of fire or endanger the public safety or diminish property values within the
neighborhood. The home will be beneficial to the neighborhood, as it is currently an empty
lot with a storage shed on the site. According to City Code, reasonable use of the property is
a single-family home.
5. The planning report #09-15, dated October 6, 2009, prepared by Angie Kairies, et aI, is
incorporated herein.
ACTION
"The Chanhassen Planning Commission, as the Board of Appeals and Adjustments,
approves an 12.5-foot front yard setback variance, a 6.5- foot east side yard setback variance, a 9-
foot driveway setback variance along the west property line, a variance from the two-car garage
requirement for the construction of a single-car garage, and a 13.4% hard surface coverage variance
for the construction of a single-family home on a non-conforming lot of record, Planning Case #09-
15, based on these findings offact."
ADOPTED by the Chanhassen City Council on this 6th day of October, 2009.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chair
g:\plan\2009 planning cases\09-l5 anding variance - 3625 red cedar point\rcp findings of fact.doc
3
~~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100 SfiPO 8 2D09
DEVELOPMENT REVIEW APPLICATIONeHANHAsseNPI.ANNWGDin
/~
,..
Planning Case No. ()q- J ':)
efFf GF CHANHASSEn
REf5~IVED
lei)
Owner Name and Address:
'furo y p,,; Dilv 6
3{s7!g- R.~ Cfb~ ~.
€J(-ULI.$(tYL M N ~~-3::?
(
Contact:
Phone: 't~':2.- '-t7'1-<;;~3 Fax: "
Email: and l\'\~ tP IVln i .Il kY- .nd-
NOTE: Consultation with City staff is reauired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Vacation of Right-of-Way/Easements (VAG)
-X Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
~ Notification Sign - $200
. (City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRIV ACN ARIW AP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ 45D!t-
must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
(~S ..:, ~ :,.::0; :-.J~$
SCANNED
PROJECT NAME:. ~ An~I\'J 2 f-~ctfl~
LOCATION: YoZt=) ~ LeJw (.'()/I)-r
LEGAL DESCRIPTIONANJ1 PID: "P ID~ 2"5G,~~330 .
LoT 11 UvYlrJ, ~u7f-I()~+ Df~+l2: BfLL4 lP;~ &dtv- PI- UrVfrL04
~ ., '.t
TOTAL ACREAGE: I 1 f,402S4Z- 'fo ot{ Lt.) 0''1-9-05" F, .
~NO
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONING:
YES
~~f
~
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
---
REASON FOR REQUEST:
~ a4tvhv
FOR SITE PLAN REVIE'N: Include number of existing employees:
and new employees:
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 with 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 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making 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 (his application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the 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 furtheF-''".
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the udy. The documents and information I have submitted are true and correct to the best of
my knowle ~ e
~ -&4
1/3/{8
I Dre
o/3A>9
Date
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-* (Q\;) r<..-r
G:\PLAN\Fol1Tl$\Development Review Application.DOC
SCANNE~ ~Y" Rev. _1/08
. .
BayCliffHomes
architecture : design : build
G.C.#20454492
Date: 9/3/09
Project Location:
Betsy Anding
3625 Red Cedar Point
Chanhassen, MN. 55331
a. All properties within 500 feet of 3625 Red Cedar Point contain single family
homes. The reasonable use of 3625 Red Cedar Point is for a single family
home. The zoning requirements of RSF for construction of a single family
home cannot be met without a variance. The proposed home will blend in with
the existing homes in the neighborhood and the requested variances are
consistent with preexisting standards in the neighborhood.
b. The lot is zoned RSF. This lot does not meet the required size of an RSF lot"
thus the following variances are requested. Per Section 20-615 our proposed
design does not meet the front yard setback of 30', we request to have 6.3'.
The side yard setback is 10', we request (on the east side) 5' at foundation and
3'-6" at eave. Hardcover is to be 25%, we have 618SF drive, 1710SF home,
284SF street, 63SF shed and 44SF steps. The lot is 6770sf. So 2719SF total is
40%. Per Section 20-905 a two stall garage is required, we have proposed a
one stall garage. The lake setback is 75', we request to be at 58', which aligns
with the adjacent neighbors. We also want,a l' -0" setback on the west side
yard for the driveway.
c. The purpose of the variance is not based upon a desire to increase the value or
income potential of the parcel of land. The purpose of the variance is for me-
the lot owner, to have a home on the lake that my family has lived on for three
and four generations. My maternal grandparents purchased the property
located at 3618 Red Cedar Point in 1955 which property has now passed to
my mother and aunt. My maternal grandparents purchased the property at
3625 Red Cedar Point in 1968 which land has now passed to me- the lot
owner. My paternal great grandparents previously owned the property located
at 3631 South Cedar Drive. The property at 3631 South Cedar Drive was
17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100
SCANNED
BayCliffHomes
architecture: design : build
G.C. #20454492
purchased by my paternal great grandparents in 1914 and they built the first
house on Red Cedar Point. The 3631 South Cedar Drive property passed
down through the generations and was sold out of the family in 2005 by
necessity when my father was diagnosed with dementia. I continue to have
relatives on my father's side who live within close proximity on lake
Minnewashta. I have lived in my family's home at 3618 Red Cedar Point for
roughly the last 15 years, which property will soon be occupied by my mother
and aunt. I want to build a house on.my land so that I can both continue our
families legacy and live in a place that I consider home.
d. The hardship is not a self created hardship. The lot size was determined by a
governmental agency. Originally, 3625 Red Cedar Point consisted
exclusively of Lot 11 which is a forty (40) foot lot. At the time my maternal
grandmother purchased the property in 1968 she purchased an additional ten
feet of Lot 12 to increase the width of 3625 Red Cedar Point to 50 feet. The
lot is a pre-existing nonconforming lot of record.
e. Granting the variance will not be detrimental to the public welfare nor will it
be injurious to other land or improvements in the neighborhood. It is my
desire to build a home that matches in size and scale to the existing homes in
the neighborhood and that is a "green" project. I would imagine that
developing the property will result in an increased taxable market value and
higher property taxes which will ultimately benefit the public.
f. The proposed variance will not impair the adequate supply of light or air to
the adjacent property. The proposed home is in line with where the neighbors
on either side and beyond sit with respect to the lake and does not jut out in
front of the adjacent residences. The proposed variance will not increase the
congestion of the public streets as I have already lived in the neighborhood for
approximately 15 years. I do not believe the proposed home increases the
danger of fire or endangers the public safety. I believe that the planned home
will actually add to the value of the properties in the neighborhood and will in
no way, substantially or otherwise, diminish or impair property values.
17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100
SCANNED
BayCliffHomes
architecture : design : build
G.C.#20454492
Written description of variance request:
Due to the age of the platted land, lot size, lot configuration and street location in
relation to the property lines our proposed modest home does not meet the
standards of today. In addition, if we were to have no variances, a two stall
garage 22'x22' covers over 50% of the building envelope, thus leaving unusable
space proportions for any type of home, other than a tower over the garage. This
would not fit the neighborhood characteristics.
We respectively request the following:
1) We are asking for a front yard setback of 6.5' from the street.
2) West side: A side yard driveway set back of 1'-0"
3) East side: A side yard setback of 5' from the foundation and 3'-6"
from the eave.
4) A lake setback equal to the adjacent neighbors (east /west) of 58'
roughly.
5) A one stall garage, not the required two stall.
6) A hardcover of 40% not the required 25%. Please note the street area
is included and the relocation of an existing garden shed.
In addition we are planning to build to the standards of a "Greenstar Home", this
new house will continue to benefit both the local neighborhood and greater metro
area during construction and long after completion.
17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100
SCANNED
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SCANNED
Variances within 500 Feet of
3625 Red Cedar Point Road
Address Variance File Variance
Number
20.2 foot front yard setback variance and an 8-foot side yard
08-04 setback variance for the construction of a single-family home
3633 South Cedar
Drive 06-04 22.5-foot front yard setback variance, 15.8-foot front yard
setback variance and a 2.39% hard surface coverage variance
for the construction of a three-stall garage
3637 South Cedar 04-07 19.3 foot front yard setback, a 4 foot lakeshore setback for
Drive the expansion of a single family home.
3628 Hickory 13-foot front yard setback, 2-foot front yard setback and 5-
Road 02-5 foot side yard setback variances for the construction of a
garage.
7201 Juniper 98-7 11.5-foot front yard variance for the construction of a home
Avenue 84-2 addition
3705 South Cedar 96-4 Two 7-foot side yard setback variances, a 31-foot lakeshore
Drive setback variance and a hard surface coverage variance.
3618 Red Cedar 93-6 IS-foot lakeshore and 8-foot side yard setback variances for
Point Road the construction of a porch and deck
92-1 1.5-foot side yard and 14.5-foot lakeshore setback variances
for the construction of an attached two-car garage
3607 Red Cedar
Point Road 7.5-foot lakeshore setback variance for the construction of a
deck and a 13.5-foot lakeshore setback variance for the
81-8 construction of a 6' x 6' stairway landing pad
4-foot east side yard wetback variance for the construction of
3605 Red Cedar a two car garage.
Point Road 88-11 2-foot west side yard and, 26-foot shoreland setback variance
for the intensification and expansion of a second story
bedroom.
3629 Red Cedar 87-13 12-foot front yard setback and two 3-foot side yard setback
Point Road variances for the demolition of an existing cabin and the
construction of a new home.
3601 Red Cedar 87-10 45-foot shore land setback variance for a house addition.
Point Road
3624 Red Cedar 85-20 4.8-foot side yard and 1.8-foot front yard variances for an
Point Road addition to a garage.
3613 Red Cedar 83-9 12-foot front yard, a 2-foot side yard setback variances and a
Point Road 7-foot shoreland setback for the construction of a single
family home.
~C!U~t<3~:[)
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"
RIC ANDING & ASSOCIATES
Traffic Accident Reconstruction and Analysis
September 6, 2009
To the City ofChanhassen
Re: Variance request Betsy Anding
~
In 1914 my grandfather bought land on Red Cedar Point and built the first home here. In
1943 my parents bought the home from my grandparents and our family and extended
family has lived here ever since.
During the years we have seen many changes, some good i.e. Dave Bangassers new home
on South Cedar Drive, others not so good i.e. THE HOUSE BUILT BY JIM JASON on
South Cedar Drive. Betsy Anding is my niece and would like to build a home on land that
has been in her family for over 50 years.
I have reviewed the plans of the home she would like to build. This home requires some
variances from the required set backs which I don't believe are umeasonable. I would
encourage the city to approve the requested variances as the plans and house are not to
the extreme and will blend into the existing neighborhood quite well. ~
Very Truly Yours,
bfl,tVo
Richard B. Anding
3715 South Cedar Drive. Excelsior. Minnesota 55331-9688
.PhoneIFax (952) 474-4211
EMAll..: ricanding@msn.com
To Whom It May Concern:
We have reviewed the preliminary plans and variances requested by Betsy
Anding for the residence she hopes to build at 3625 Red Cedar Point. We have no
objection to the requested variances.
~k .
<:S~~
eve & Marsha Keuseman
3622 Red Cedar Point Road
Excelsior. Minnesota 55331
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTYOFCARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
September 24, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for the Anding Variance - Planning Case 09-15 to the persons named on attached
Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and
depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this :;}iflA.day ofStp-kmkr ,2009.
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
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0.. ...
AARON J & ADRIENNE F THOMPSON
3711 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9688
BIRUT A M DUNDURS
3627 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
DEBORAH S LOCKHART &
3618 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7720
EMIL & PATRICIA SOUBA
14025 VALE CT
EDEN PRAIRIE, MN 55344-3017
GREGORY BOHRER
3706 HICKORY RD
EXCELSIOR, MN 55331-9768
JILL D HEMPEL
3707 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9688
MARIA P KNIGHT
3605 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
SCOT A LACEK
3630 HICKORY RD
EXCELSIOR, MN 55331-9766
STEVEN P & LAURIE A HANSON
5901 CARTER LN
MINNETONKA, MN 55343-8966
THOMAS L & JESSICA B LYMAN
3603 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
ANVER L & ANNE K LARSON
3705 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9688
CATHERINE J BLACK
3629 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
DOUGLAS B & JAMIE ANDERSON
3607 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
GARY ALAN PETERSON &
1769 20TH AVE NW
NEW BRIGHTON, MN 55112-5433
GREGORY P ROBERTSON &
3701 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9688
KEITH H & FRANCES M PAAP
3601 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
MARY JO ANDING BANGASSER
3633 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9686
STEPHEN M GUNTHER &
3628 HICKORY RD
EXCELSIOR, MN 55331-9766
SUSAN A & JOHN R BELL
4224 LINDEN HILLS BLVD
MINNEAPOLIS, MN 55410-1606
BETSY SANDING
3618 RED CEDAR PT
EXCELSIOR, MN 55331-7720
CHARLES F & VICKI LANDING
6601 MINNEWASHTA PKWY
EXCELSIOR, MN 55331-9657
EDWIN L & LIVIA SEIM
292 CHARLES DR
SAN LUIS OBISPO, CA 93401-9204
GREGORY & JOAN DATTILO
7201 JUNIPER AVE
EXCELSIOR, MN 55331-9614
JEAN D LARSON
3609 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7721
LUMIR C & SUSAN S PROSHEK
3490 MORNING LAKE DR #201
BONITA SPGS, FL 34134-9161
PETER J & KARRI J PLUCINAK
3631 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9686
STEVEN E & MARSHA E KEUSEMAN
3622 RED CEDAR POINT RD
EXCELSIOR, MN 55331-7720
THOMAS C & JACQUELINE
JOHNSON
3637 SOUTH CEDAR DR
EXCELSIOR, MN 55331-9686