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2 Variance 9221 Lake Riley BlvdCITY OF PC DATE: 4/15/03 CCDATE: REVIEW DEADLINE: 05/13/03 CASE #: 2003-7 VAR STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for a 16.65 percent hard surface coverage variance (41.65% cover); a 20 foot shoreland setback variance (55 foot setback); 5 foot 8 inch west side yard setback variance (4 foot 4 inch setback); a 4 foot east side yard setback variance (6 foot setback); a 13,535 square foot lot area variance (6,465 square foot lot); a 55 foot lot width (35 foot width); and 38 foot lake- shore lot width variance (52 foot width) for the demolition and rebuilding of a single family home 9221 Lake Riley Blvd. Tom and Sue Suter 9221 Lake Riley Blvd. Chanhassen, MN 55317 I.d PRESENT ZONING: Residential Single-Family RSF ACREAGE: .15 (6,465 sq. ft.) DENSITY: N/A ADJACENT ZONING AND LAND USES: N: S: E: W: RSF, Single Family Home RSF, Lake Riley RSF, Single Family Home RSF, Single Family Home WATER AND SEWER: Available to the site PHYSICAL CHARACTER: Site was developed as a single familylhome. 2000 LAND USE PLAN: Residential-Low Density Notice of this public hearing has been mailed to aH property owners within 500 feet. 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 variance. The City has a relatively high level of discretion with a variance-because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. U Lake Riley rail 9221 Lake RileY Blvd. Surer Variance #2003-7 April 15, 2003 Page 2 PROPOSAL The applicant is requesting a 16.65% hard surface coverage variance from the 25% maximum hard surface coverage. A 20 foot lake shore setback variance from the 75 foot required minimum setback. A 5 foot 8 inch west side yard setback variance and a 4 foot east side yard setback variance from the 10 foot required minimum side yard setback. A 13,535 square foot lot area variance from the 20,000 square foot lot area. A 38 foot lake shore width variance from the 90 foot lake shore width; and a 55 foot lot frontage width variance from the 90 foot lot frontage width requirement. The applicant is planning to demolish an existing nonconforming structure and rebuild a single family dwelling creating a new foot print. The existing garage will remain in the current location; the applicant is proposing to construct the proposed dwelling unit attached to the existing garage. Shoreland The applicant is planning to reduce the existing nonconforming rear yard (shoreland) setback of the dwelling unit from 28 feet to 55 feet from the Ordinary High Water Elevation (OHW). Side Yard The east side yard setback of the existing garage is 6 feet, while the west side yard setback is 4 feet 4 inches. The existing home to be demolished has an 8 foot setback on its west side and 3 feet 3 inches on its east side. As the property narrows toward the street the applicant is requesting the existing 4 foot 4 inch west side yard setback, granted in 1992 Variance #92-2, and a 6 foot east side yard setback for the proposed house. Hard Surface Coverage The existing structures, including the principal structure, garage, driveway, patio and walkway occupy 34.91% of the 6,465 square foot lot area. The applicant is proposing to increase the living area which will increase the hard surface coverage to 41.65% of the lot area. Therefore the applicant is requesting a 16.65% variance from the 25% maximum hard surface coverage within the RSF district. Applicable Regulations Chapter 20 Division 3. Variances Section 20-73 Nonconforming lots of record Chapter 20 Article VII Shoreland Management District Section 20-505 (e) Hard surface coverage BACKGROUND The property is located in the Shoreland Management District in the Shore Acres Development, platted July 1951, which is zoned Residential Single-Family, RSF, permitting low density single Suter Variance #2003-7 April 15, 2003 Page 3 family detached dwelling units. Lake Riley is a Recreational Development Lake. The subject property is a nonconforming lot of record with a lot area of 6,465 square feet. The minimum lot area for a riparian, sewered lot is 20,000 square feet. The property is 35 feet in width and 157.5 feet in depth, with 52 feet of lake frontage. Minimum requirements are 90 feet in width and 125 feet in depth, with 90 feet of lake frontage. The property has a variance #92-2 allowing the existing garage to encroach 14 feet into the front yard setback, 6.5 feet into the side yard setback, and a 7% hard surface coverage variance from the 25% maximum coverage allowed in an RSF district. Site Characteristics The lot is long and narrow, 35 foot width by 125 foot depth. The topography of the site slopes from a high elevation of 880.2 at the front (northern) property line to a low of 865.3 at the Ordinary High Water elevation (southern). The dimensions of the site are 35 foot street frontage width, 50 foot shoreland width, and an average of 157.5 foot depth. There is a row of trees along the western property line in close proximity to the proposed structure. As part of the proposed plan, the trees are to be saved. However, the trees may need to be pruned and have branches removed to permit the construction of the home. The property owner is planning to work with the neighbors to create a landscape design plan for the property. The applicant has worked out an agreement with the east neighbor to include grading encroachment onto the adjacent property. Permitted Use The site is zoned RSF, Residential Single-Family. A single family home with a two car garage can be legally constructed on the site. The standards for a single family residential district requires a minimum 960 square foot living area for a one-story rambler design; minimum 1,050 square foot living area for a split level design; and minimum 600 square foot first floor living area for a two-story design. The regulations also states "a two car garage must be provided with the single-family structure." Based on the regulations, there is a 950 square foot buildable area allowed on the lot according to the literal enforcement of the code. A single-family structure including a two car garage would not be developable on the lot. A reasonable use of the property, while maintaining the existing garage structure and reconstruction of the house, is not possible (see attached survey). Neighborhood Setbacks Staff surveyed city records to determine if lot area, lot frontage, side yard and shoreland setback variances had been granted in the area. There are many variances approved along Lake Riley Blvd. including area, width and setbacks, so staff limited its search to within 500 feet of the parcel. This survey turned up the following cases. Suter Variance #2003-7 April 15, 2003 Page 4 IProperties with Variances Address Variance Variance Lot Area Shoreland File Number Setback 9235 Lake 1986-1 25 foot shoreline setback variance 36,682 sq ft 50 ft Riley Blvd 9247 Lake 1989-1, 89-1 Setbacks: 14 foot front yard, 7 10,320 sq ft 57 ft Riley Blvd 1998-12 foot rear yard, 4.5 foot west side yard, 10 foot east side yard 98-12 January 12 1999: Single family home: 12,515 sq ft lot area variance, 12.5 foot lot width variance, 51 foot lot width variance (lake access), 10 foot front yard setback variance, 3 foot side yard setback variance, 4 foot shoreland setback variance Suter Variance #2003-7 April 15, 2003 Page 5 June 28, 1999: Single family home: 13 foot front yard setback variance,7 foot shoreland setback variance 9231 Lake 1989-13 6 foot side yard setback variance 9,819 sq ft 27.7 ft Riley Blvd 9203 Lake 1991-16 2.5 foot side yard setback variance 25,124 sq ft 80 ft Riley Blvd 9221 Lake 1992-2 Garage setbacks: 14 foot front yard 6,465 sq ft 28 ft Riley Blvd setback variance, 6.5 foot side yard *Applicant setback, 7% hard surface coverage Property 9243 Lake 1993-8 Addition setbacks: 9 foot shoreland 13,659 sq ft 66 ft Riley Blvd variance, 7.9 foot front yard variance 9225 Lake 1996-9, Setbacks: 3 foot east side yard 8,121 sq ft 42 ft Riley Blvd variance, 5 foot west side yard variance, 33 foot shoreland variance, 25% hard surface coverage variance; 9223 Lake 1997-11 97-11-setbacks: 7 foot rear yard 68 ft Riley Blvd variance, only 23% hard surface coverage 361 1997-3 Deck setbacks: 1.6 foot front yard 13,553 sq ft N/A Deerfoot variance Trail 9217 Lake 1998-6 Addition setbacks: 7 foot front yard 14,379 sq ft 115 ft Riley Blvd variance 9249 Lake 1999-14 18 foot shoreland setback variance 42,584 sq ft 57 ft Riley Blvd DISCUSSION Although there is an existing home on the site, the applicant is proposing to enhance the structure and reduce the nonconforming shoreland setback from 28 feet to 55 feet. The applicant is also proposing to increase the hard cover surface area from 34.91% to 41.65% to increase indoor and outdoor living area. The existing home has an 8 foot setback from the side property lines, and the applicant is proposing to decrease the setback to 4.4 feet on the west side, which is consistent with the approved setback for the garage, and 6 feet on the east side. Reasonable Use The buildable area (950 sq. ft.) is constrained by the literal enforcement of the zoning ordinance. The required setbacks limit the buildable area, constraining the ability to reconstruct a reasonable house and leave the existing garage without a variance. The property owner does not have the Suter Variance #2003-7 April 15, 2003 Page 6 opportunity to make a reasonable use, while improving the shoreland setback of the site, without variances. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity, for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." Due to the nonconforming lot size of the property and maximum hard surface coverage requirement by leaving the existing driveway and garage which occupy 15% of the hard cover the applicant would only be able to reconstruct 643.25 square feet of hard cover. The minimum dwelling size for a standard RSF two story dwelling is 600 square feet on one level. However the existing home occupies 837.4 square feet. Literal enforcement of the code would cause the applicant to decrease his existing livable area, if they demolish the existing house. However, the applicant is proposing to reduce the existing shoreland setback. See attached hard surface coverage breakdown. Ordinance Existing Applicant' s Option Lot Area 20,000 sq ft 6,465 sq ft 6,465 sq ft Hard Surface 25% 36.5% 41.65% Coverage Front Yard 30 ft 15.9 ft 15.9 ft Setback(stree0 Shoreland 75 ft 28 ft 55 ft Setback West Side 10 ft 4.4 ft 4.4 ft Yard Setback East Side 10 ft 6 ft 6 ft Yard Setback House Area 600 sq ft 837.8 sq ft 1,200 sq ft FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: 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 the ordinance does create a hardship, since a reasonable use of the property for a reconstructed single-family home on the lot cannot be developed without a variance, due to the site constraints of 35 foot lot width and 6,465 Surer Variance #2003-7 April 15, 2003 Page 7 square foot lot area. If the lot were a conforming lot with a standard 20,000 square foot lot area, the proposed hard surface coverage would occupy 17% of the lot, well below the minimum. 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 which this variance is based are applicable to all properties in the RSF zoning district. However, the subdivision in the Shore Acres development area was done in 1951 prior to the adoption of the current standards and many properties, including this one, do not comply with the 90 foot by 125 foot dimensions or the 20,000 square foot lot area requirements. 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 ability to develop the site will increase the value of the property. However, the use of the parcel for a single-family home is reasonable. The owner's intent is to create a more functional and aesthetically pleasing home site. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The lot was platted in 1951 prior to the ordinance, so the hardship is not self- created. The existing home was built nonconforming as well as the homes on either side of the site which are currently developed with single-family homes. 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 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 proposed house reduces the shoreland setback nonconformity while maintaining the existing side yard setbacks. Only two properties within 500 feet of the site are 20,000 square feet in lot area. All properties are developed with single-family homes. The proposed grading will improve drainage in the area. 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. Finding: 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. The property will be increasing the lake view of adjacent property. Surer Variance #2003-7 April 15, 2OO3 Page 8 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves Variance #2003-7 for a 13,535 square foot variance from the 20,000 square foot minimum lots size; 55 foot variance from the minimum 90 ft lot width requirement; a 38 foot variance from the 90 foot lake shore width; a 16.65 percent variance from the 25 percent hard surface coverage to permit site coverage up to 41.65 percent; a 5'8" foot variance from the 10 foot west side yard setback; a 4 foot variance from the 10 foot east side yard setback; and a 20 foot variance from the 75 foot shoreland setback for the reconstruction of a single family home on an existing 6,465 square foot lot based upon the findings in the staff report and the following conditions: 1. A building permit must be applied for within one year of approval of the variance or the variance shall become null and void. . The submitted survey shall be signed by a licensed surveyor, engineer, or landscape architect and shall include: a north arrow; show 12-inch or greater trees on the site and along the neighboring property lines; and the existing shed to the east. o No grading within 37.5 feet of the Ordinary High Water elevation. Type llI silt fence must be provided during demolition and during construction on the lake side. Type I silt fence shall be installed along the side property lines. Silt fence shall be removed when the construction is complete and the site is revegetated. 4. As part of the building permit submittal, a grading, drainage and erosion control plan must be prepared for city review and approval. 5. The trees along the western property line are to be saved. Tree protection fencing shall be installed prior to site grading. A landscape plan must be prepared for city review." ATTACHMENTS 1. Application and Letter 2. Reduced Copy of Lot Survey 3. Proposed Site Plan 4. Building Envelope 5. Hard Surface Coverage Calculation Breakdown 6. Section 20-56 through 20-73, Variances and nonconforming lots 7. Section 20-611 through 20-616, RSF District Requirements 8. Public heating notice and property owners list 03/05/03 11'46 FAX 9522271110 CITY OF CHANHASSEN CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 ~]003 DEVELOPMENT REVIEW APPLICATION APPUCANT: '~'~rf'~ .~ 50~- 50'1'¢-~ OWNER: .,.~~~ ADDRESS: ~ ~ '~- [ ~ ~ "~;IL~ '~ ~L/'~., ADDRESS: ,,.~,~&.., TELEPHONE (Daytime) .__. Comprehensive Plan Amendment . Cenditional Use Permit Interim Use Permit TELEPHONE: Temporary Sales Permit Vacation of ROW/Easements .. Variance Non-conforming Use Permit ~ Planned Unit.Development* __ Rezoning Sign Permits .~ Wetland Alteration Permit __ Zoning Appeal --._ Zoning Ordinance Amendment Sign Plan Review Notification Sign Site Plan Review* Subdivision* Escrow for Filing Fees/Attorney Cost** ($50 CU P/S P R/VACNA R/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of ail property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews, *Twenty-six full size fold. ed copies of the plans must be submitted, including an 81/2.. X 11" reduced copy of t,r~r-,. ...... -.,~.,' each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 03/05/03 11'46 FAX 9522271110 · CITY OF CHANt{ASSEN 004 PROJECT NAME _oc^-noN :Z, z. .LEGAL ;DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PP,~ESENT :7ON]NG .. YES ~' NO P, EQUESTED ZONING PFlESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly pdnted 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 ten business days of application submittal. A written no~ice of application deficiencies shall be mailed to the applicant within ten business days of application. Thi~ is to certify that ! 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 this ~pplication. I have attached a copy of prool~ 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 Zhis application and the fee owner has also signed this application. ! 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 studies, etc. with 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 my knowledge. The c'~y hereby notifies the applicant that development review cannot be completed within 60 days due to public headng requirements and agency review. Therefore, the city is notifying the applicant that the city' requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ~ignature o~' Applicant 'Sig~ture ~3f Fee Owner Date Date .Application Received on Fee Paid Receipt No. The applicant should contact staff for a 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 applicant's address. ~-~ 9221 Lake Riley Bird, Chanhassen, MN 55317-8654 tt' .! . ~ ot . 9221 Lake Riley Blvd, Chanhassen, MN $5317~654 R Le"y . _. · . .. ... City of Chanhassen Variance Request Proiect and ProperW~: Sue and Tom Suter 9221 Lake Riley Blvd Chanhassen, MN 55317 (612) 859-8446 1. Completed Application Form: Attached 2. Application Fee: Attached 3. Evidence of Ownership or an interest in property: Attached 4. Location Map: Attached 5. List of property owners and addresses within 500 feet of Property boundary. The list may be obtained from the City of Chanhassen or Carver County. Attached 6. Plot plan showing property lines, existing improvements With setbacks, lot coverage, building height, etc.. Attached 7. Written description of variance request: We are looking to have the garage and house connected, forming a single building dwelling while adding additional living space. As part of the overall goal to have the house and garage be a single structure, we are requesting variance approvals. Lake Setback In an effort to try and conform to the 75' lake setback, and as part of goal to connect the house structure with the garage, we would remove the current house and rebuild further from the lake. It is currently 28' from the lake and our proposed design would double the current distance between the lake and the house. As the illustrations will show, some of the new structure is within the 75' desired set back, however, over 75% of the proposed structure has been moved within the 75' lake setback line. These changes will greatly improve the lake sightlines for our immediate neighbors. City of Ctmhassen Variance Request Sue and Tom Suter Project Side Lot Setback As the structure is moved back towards the garage, it moves into the thinnest dimension of our challenged lot. In respect to the side lot to the west, the current garage is set 4'4" from the lot line. We are requesting to have the ability to use the previously approved side lot setback of 4'4" for the new structure. We will also need a similar set back on the eastside for a side deck. We seek a 6' set back for the east side lower level below the deck. Hard Coverage Percentage The existing house, garage, patio and walkway hard coverage percentage is approximately 34%. The proposed changes would increase the hard coverage to 44%. The primary increases are related to the increase in house size and an outdoor living area. Most of the increased hard cover will occur beyond the 75' setback providing additional green area near the lake. 8. Written iustification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: A. Our property exists in a lakeshore neighborhood where original platting created narrow, challenged lots and are referred to as "non conforming lot of record". The width of our lot at the street is 35'. The lot width at the lakeshore is 50 feet and considering the current setback parameter of 75' from the lake, our total lot width dimension narrows to 42'at the lakeside. Accordingly, literal enforcement of current codes would allow building widths to be 15' at the front (street side) 18'at the start of the addition and 22'at the lakeside. These setback prerequisites if strictly enforced, would in our perspective, create an undue hardship due to the shape and size of our lot. This hardship was acknowledged in 1994 when a side yard setback variance was granted to construct a garage on the street side of our property allowing a 4.4 feet side yard setback. Since our lot was platted, lakeshore setback revisions were revised to 75'. This created a non-conforming situation in regards to our current home that is currently 28' from the lake. Literal enforcement of current codes would not allow our current home and if moved back and limited to the 75' setback requirement, create a hardship to produce a reasonably sized, practical home design. The minimal lot width also forces the home to be City of Chanhassen Variance Request Sue and Tom Suter Project elongated from to back versus other typical homes which can be positioned parallel to the street and lake that allows more setback. Currently the properties hardcover totals 34% and is nonconforming. Our proposal includes an increase in hardcover. While it is also non- conforming, we believe that allowing this increase permits a reasonable use of the lake and property and we have effectively reduced the hardcover near the lake by 280 sq. ft. Literal enforcement of the 25% limit in our opinion, creates a hardship for this particular property as the lot is limited in total area (6465 sq.ft.). B. We feel that our petition for a variance is unique to our lot especially considering it is a "non-conforming lot of record". C. The purpose of our variance request is not based on income potential. We have put our existing primary residence up for sale and will be making this house our primary residence. We are looking to have the garage and house connected, forming a single building dwelling while adding additional living space. As part of the overall goal to have the house and garage be a single structure. Do Our difficulty or hardship is not self-created. We believe the original platting along with the lot configuration and topography create the hardship. Eo Granting our variance will not in our opinion be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. On the contrary, we feel that removing the home, which exists 28' from the lakeshore, and moving it back 28 feet creates a much better neighborhood environment and line of sight while attempting to blend with pre-existing standards. F. Our proposal will not impair an adequate supply of light and air to adjacent properties or substantially increase neighborhood congestion of public streets. Additionally, it will not increase the danger of fire or endanger public' s safety or substantially diminish property values. In our opinion granting the variance will enhance and improve many of the issues addressed in this section. Our total building height is code compliant and considering adjacent properties, does not negatively affect their space and will improve the aesthetic quality of this lakeshore neighborhood. Congestion will not change and danger of fire will actually diminish due to new construction codes. City of Cl~anhassen Variance Request Sue and Tom Suter Project Granting of our variance, in our opinion, has a chance of improving, not diminish, neighboring property values, considering what is currently present on the property. Architects: SALA Architects Dale Mulfinger, FAIA and Beth Grunig 440 2nd Street Excelsior, MN 55331 (952) 380-4817 www. salaarc, com Builder/Remodeler: Lake Country Builders Peter Jacobson 339 2nd Street Excelsior, MN 55331 (952) 474-7121 www. lakecountrybuilders.com A r 87~ ~ chitects Inc. Z £ / 87~,S3 MINNEAPOLIS, MN 43 Main S~'eet SE, Suite 410, 55414 Tel (612) 379 3037 Fax (612) 379 0001 EXCELSIOR, MN 440 2nd Street, 55331 Tel (952) 380 4817 Fax (952) 380 4818 STI LLWATER, MN 904 South 4th Street, 55082 Tel (651) 351 0961 Fax (651) 351 7327 Survey Prepared by: Demars-Gabriel Land Surveyors, Inc. 3030 Harbor Lane N. Plymouth, MN 55447 Phone (763) 559-0508 Fax (763) 559-0479 Lot 29, SHORE ACRES, Carver County, Minnesota. STREET ADDRESS-9221 Riley Boulevard LOT ARE_A-6,465 SQ. FT./O. 14 AC. / / -/. 873.66 ~ 0'1 ~K z~~°~' / I' 'f. 866,93 - ..-~C /'/ ~' Lake Elevation February 26, 2003 = 864.7 Ordinary High Water Elevation = 865.3 per DNR and City of Chanhassen Existing Site Scale 1:20 · ot ~9, $EO~J~ 4 Ca_~ex' Co~,~ STREET ADDRESS-g221 Riley Boulevord LOT AREA-6,465 SCI. FT./O. 14 AC. Reslden,~, J ./ Lake. Elevation February 26, 2003 = 864.7 .... Ordinary High Water Elevation -.= 865.3 per DNR and City ol~ Chanhasser _Pr .oposed Conditions -~, . Scale 1_:20 ~'0 39t/d OX3 SIO31IHD~J~ Y~9~S 8~BP08£Es6 TS :60 £B~7,//~/~fi 879.8 A r 878 chitects I'nc. Z · Drive ,. ,- MINNEAPOLIS, MN 43 Main Street SE, Suite 410, 55414 Tel (612) 379 3037 Fax (612) 379 0001 EXCELSIOR, MN 440 2nd Street, 55331 Tel (952) 380 4817 Fax (952) 380 4818 ST1LLWATER, MN 904 .South 4th StreeL 55082 Tel (651) 351 0961 Fax (651) 351 7327 Survey prepared by: Demars-Gabriel Land Surveyors, Inc. 3030 Harbor Lane N. Plymouth, MN 55447 Phone (763) 559-0508 Fax (763) 559-0479 Lot 29, SHORE ACRES, Carver County, Minnesota. STREET ADDRESS-9221 Riley Boulevard LOT'AREA-6,465 SQ. FT./0.14 AC. z~-~ 1~ 874~ -:~:~;>'--. ~'~ "%,. Lake Elevation February 26, 2003 = 864.7 Ordinary High Water Elevation = 865.3 per DNR.and City of Chanhassel Existing Site Scale 1:20 ZONING § 20-57 Sec. 20-44. Planning commission action. Following conclusion of the public hearing held by the planning commission, the commission shall report its findings and recommendations on the proposed amendment to this chapter, including the zoning map to the council. If no report of recommendation is transmitted by the planning commission within sixty (60) days following referral of the amendment to the commission, the council may take action on the amendment without awaiting such recom- mendation. (Ord. No. 80, Art. III, § 3(3-3-4), 12-15-86) Sec. 20-45. Council action. Following planning commission consideration of an amendment to this chapter including the zoning map, or upon the expiration of its review period, the council may adopt the amendment or any part thereof in such form as it deems advisable, reject the amendment, or refer it to the planning commission for further consideration. (Ord. No. 80, Art. III, § 3(3-5-5), 12-15-86) Secs. 20-46--20-55. Reserved. DIVISION 3. VARIANCES Sec. 20-56. Generally. A variance from this chapter may be requested only by the owner of the property or the owner's approved representative to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district. A variance may, however, be granted for the temporary use of a one-family dwelling as a two-family dwelling. In granting any variance, conditions may be prescribed to ensure substantial compliance with this chapter and to protect adjacent property. (Ord. No. 80, Art. III, § 1(3-1-1(1)), 12-15-86; Ord. No. 131, § 4, 7-9-90) See. 20-57. Violations of conditions imposed upon variance; termination for nonuse. The violation of any written condition shall constitute a violation of this chapter. AVariance, except a variance approved in conjunction with platting, shall become void within one (1) year following issuance unless substantial action has been taken by the petitioner in reliance thereon. (Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86; Ord. No. 196, § 1, 11-22-93) Supp. No. 14 1161 ZONING § 20-59 Sec. 20-58. General conditions for granting. A variance may be granted by the board of adjustments and appeals or city council only if all of the following criteria are met: (1) That the literal enforcement of this chapter would cause undue hardship. "Undue hardship" means 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 five hundred (500) feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. (2) That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning class~cation. (3) That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. (4) That the alleged difficulty or hardship is not a self-created hardship. (5) That 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 of land is located. (6) That 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 increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood.. (Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86; Ord. No. 131, § 3, 7-9-90) Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one (1) driveway and one (1) main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. (Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86) Supp. No. 4 1163 § 20-60 CHANHASSEN CITY CODE Sec. 20-60. Denial. · Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art, III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. DMSION 4. NONCONFORMING USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension .of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impaCt on adjacent properties. (Ord. No. 165, 8 2, 2-10-92) Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconforming use or nonconforming structure excePt to lessen or eliminate the nonconformity. Co) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of twelve (12) months, only land uses which are permitted by this ordinance shall be allowed to be established. - *Editor's note-Sect/on 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in 88 20-71-20.73. Prior to amendment, Div. 4 contained 88 20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III, 8 5, adopted Dec. 15, 1986; and Ord. No. 163, 8 1, adopted Feb. 24, 1992. Supp. No. 4 . 1164 ZONING § 20.73 (d) Full use of a nonconforming land use shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the nonconforming land use was in full operation and shall run continuously thereafter.. Following the expiration of twelve (12) months, the nonconforming land use may be used only in the manner or to the extent used during the preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea- sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees, and other factors deemed relevant by the city. (e) Maintenance and repair of nonconforming structures is permitted. Removal or destruc. tion of a nonconforming structure to the extent of more than fifty (50) percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to con- tinue the nonconforming structure. (fl Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another noncon- forming land use of less intensity if it is in the public interest. In all instances the applicant has the burder~of proof regarding the relative intensities of uses. (g) If a nonconforming land use is superseded or replaced by a permitted use, the non- conforming status of the premises and any rights which arise under the provisions of this section shall terminate. (Ord. No. 165, § 2, 2-10-92) Sec. 20-73. Nonconforming lots of record. (a) No variance shall be required to reconstruct a detached single-family dwelling located on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural disaster so long as the replacement dwelling has a footprint which is no larger than that of the destroyed structure and is substantially the same size in building height and floor area as the destroyed structure. Reconstruction shall commence within two (2) years of the date of the destruction of the original building and reasonable progress shall be made in completing the project. A building permit shall be obtained prior to construction of the new dwelling and the new structure shall be constructed in compliance with ali other city codes and regulations. (b) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot provided that it fronts on a public street or approved private street and provided that the width and area measurements are at lest seventy-five (75) percent of the minimum requirements of this chapter. (c) Except as otherwise specifically provided for detached single-family dwellings, ~here shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. (d) If two (2) or more contiguous lots are in single ownership and'ff all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the Supp. No. 4 1165 CI-LANHASSEN CITY CODE § 20-73 contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance provisions of this chapter. (Ord. No. 165, § 2, 2-10-92) Secs. 20-74-20-90. Rese~. DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC. Sec. 20-91. Building permits. (a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building or structure or part thereof without first securing a building permit. (b) An application for a building permit' shall be made to the city on a form furnished by the city. All building permit applications shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of any existing structures and the building to be erected, off-street parking and loading facilities and such other information as may be deemed necessary by the city to determine compliance with this chapter and other land use ordinances. No building permit shall be issued for activity in conflict with the provisions of this chapter. The city shall issue a building permit only after determining that the application and plans comply with the provisions of this chapter, the uniform building code as adopted and amended by the city' and other applicable laws and ordinances. (c) If the work described in any building permit is not begun within ninety (90) days or substantially completed within one (1) year following the date of the issuance thereof, said permit may become void at the discretion of the zoning administrator upon submission of documented evidence. Written notice thereof shall be transmitted by the city to permit holder, stating that activity authorized by the expired permit shall cease unless and until a new building permit has been obtained. (Ord. No. 80, Art. III, § 4(3-1-4), 12-15-86) Cross reference--Technical codes, § 7-16 et seq. Sec. 20-92. Certificates of occupancy. (a) In accordance with the Uniform Building Code as adopted and amended by the city, a certificate of occupancy shall be obtained before: (1) Any nonagricultural building, except an accessory building, hereafter erected or structurally altered is occupied or used; and (2) The use of any existing nonagricultural building, except an accessory building, is changed. (b) Application for a certificate of occupancy shall be made to the city as part of the application for a building permit. A certificate of occupancy shall be issued by the city Supp. No. 4 1166 ZONING § 20-613 Sec. 20-596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2-12-90) Editor's note--Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No. 120 as § 20-595 have been redesignated as § 20-596. Secs. 20-597--20.610. Reserved. ARTICLE )III. "RSF' SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 20-611. Intent. The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord. No. 80, Art. V, § 5(5-5-1), 12-15-86) Sec. 20-612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single-family dwellings. (2) Public and private open space. (3) State-licensed day care center for twelve (12) or fewer children. (4) State-licensed group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (7) Antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96) Sec. 20-613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. Supp. No. 14 1211 § 20-613 CHANHASSEN CITY CODE (8) Private kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (4) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference--Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements-shall be observed in an "RSF" DiStrict subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street Sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. Lott White Frontage Ii L. Lots Where Frontage Is Measrured at Setback Line Supp. No. 14 1212 ZONING § 20-615 (3) The minimum lot depth is one hundred twenty-five (125) feet. The' location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private streets shall be one'hundred (100) feet as measured at the front building setback line. Neck I Flag tote Fron Lot Line- lO0/Lot Neck/Flag Lots (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. (6) The setbacks for lots served by private streets and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point 'nearest the front lot line where the lot achieves a one-hundred-foot minimum width.. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. Supp. No. 14 1213 § 20-615 CHANI-IASSEN CITY CODE b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95; Ord. No. 324, § 23, 7-9-01) Editor's note--Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617m20-630. Reserved. ARTICLE XIII. '~R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Permitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. (3) Public and private parks and open space. (4) Group home serving six (6) or fewer persons. (5) State-licensed day care center for twelve (12) or fewer children. (6) Utility services. (7) Temporary real estate office.and model home. (8) Antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 6(5-6-2), 12-15-86; Ord. No. 259, § 13, 11-12-96) Sec. 20-633. Permitted accessory uses. The following are permitted accessory uses in an "R-4" District: (1) Garage. Supp. No. 14 1214 NOTICE OF PUBLIC ~HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, APRIL 15,. 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Variances for the Demolition and Reconstruction of a Single Family Residence APPLICANT: LOCATION: Thomas Surer 9221 Lake Riley Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Thomas Suter, requesting a lakeshore, side yard, lot area, lot width and hard surface coverage variances for the demolition and reconstruction of a single family home on property zoned RSF, Residential Single Family, located at 9221 Lake Riley Blvd. 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. During the meeting, the Chair will lead the public hearing 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 during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact ^ngela at 227-1132. 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 Commission. Notice of this public hearing has been published in the Chanhassen Villager on April 3, 2003. u rt · Rffey Smooth Feed SheetsTM LAKEVIEW HILLS LLC 12400 WHITEWATER DR i$140 MINNETONKA MN 55343 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN Use template for5160® 55317 WILLIAM L & LINDA C JANSEN 240 EASTWOOD CT CHANHASSEN MN 55317 JOAN M LUDWIG & ETHEL M BUDISLIK 9005 LAKE RILEY BLVD CHANHASSEN MN 55317 CRAIG W & KATHRYN HALVERSON 9283 KIOWA TRL CHANHASSEN MN 55317 WILLIAM S HENAK & KRISTIN ALLERS 280 EASTWOOD CT CHANHASSEN MN 55317 LAURA MARIE COOPER 9015 LAKE RILEY BLVD CHANHASSEN MN 55317 CRAIG W & KATHR~VERSON 9283 KIOWA T~.,.--~ C~ MN 55317 WILLIAM S HENAK & _ KRISTIN ALLER~.'''~ 280 EAS~/O1JD CT C~SSEN MN 55317 NORMAN C JR & KIMBERLY GRANT 9021 LAKE RILEY BLVD CHANHASSEN MN 55317 STEVEN A & RENEE A WILLIAMS 9291 KIOWA TRL CHANHASSEN MN 55317 BRIAN E & TRACY S BELLOWS 9470 FOXFORD RD CHANHASSEN MN 55317 TODD W & JILL PORTER 9261 KIOWA TRL CHANHASSEN MN 55317 SUSAN MARIE BABCOCK 9351 KIOWA TRL CHANHASSEN MN 55317 PETE P & JOYCE L PETER 9490 FOXFORD RD CHANHASSEN MN 55317 DONALD W & KATHRYN N SITTER 9249 LAKE RILEY BLVD CHANHASSEN MN 55317 PETER C & GEORGE-ANN LILLIE 9355 KIOWA TRL CHANHASSEN MN 55317 DENNIS M MILLS 9510 FOXFORD RD CHANHASSEN 55317 BARRY A & HARRIET F BERSHOW 9271 KIOWA TRL CHANHASSEN MN 55317 EDWIN MICHAEL DOMKE 9361 KIOWA TRL CHANHASSEN MN 55317 RICHARD J CHADWICK 9530 FOXFORD RD CHANHASSEN MN 55317 PETER PEMRICK JR & WENDY L EGGERS 9251 KIOWA TRL CHANHASSEN MN 55317 JOHN W & BEVERLY J BELL 9371 KIOWA TRL CHANHASSEN MN 55317 LAKE RILEYWOODS HOMEOWNERS C/O PAUL MARTIN 9610 FOXFORDRD CHANHASSEN MN 55317 KLINGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA MN 55318 MARK A & PAMELA K MOKSNES 9381 KIOWA TRL CHANHASSEN MN 55317 DONALD HIH & DIANE MKENNEDY 108 PIONEER TRL CHANHASSEN MN 55317 PAMELA A O'NEILL 9550 FOXFORD RD CHANHASSEN MN 55317 JOYCE E KING 9391 KIOWA TRL CHANHASSEN MN 55317 WILLIAM T & CAROL ANN GRAY 50 PIONEER TRL CHANHASSEN MN 55317 ~1~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® ELDON L BERKLAND & WENDY NELSON BERKLAND 10 PIONEER TRL CHANHASSEN MN 55317 RAYMOND M & JUDITH N LEWIS 9071 LAKE RILEY BLVD CHANHASSEN MN 55317 LAKEVIEW HILLS LLC 12400 WHITEWATER DR gl40 MINNETONKA MN 55343 ROBERT W & LISA K BORN 9163 SUNNYVALE DR CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE ~ 7700 ~ BLVD PO BOX 147 CFtgflqHASSEN MN 55317 RONALD S & JEANETTE K BACKER 9101 LAKE RILEY BLVD CHANHASSEN MN 55317 JODY L ROGERS 106 LAKEVIEW RD E CHANHASSEN MN 55317 JAMES L TONJES C/O GENERAL MILLS INC-B BARNES PO BOX 1113 MINNEAPOLIS MN 55440 STEVEN F & KATHLEEN M BURKE 9591 MEADOWLARK LN CHANHASSEN MN 55317 J P JR & JUDITH M HUNGELMANN 9117 LAKE RILEY BLVD CHANHASSEN MN 55317 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 JOHN B JR & MARLYN G GOULETT 9119 LAKE RILEY BLVD CHANHASSEN MN 55317 GAYLE M & RICHARD P VOGEL TRUSTEES OF TRUST 105 PIONEER TRL CHANHASSEN MN 55317 RICHARD D & FRIEDA A OLIN TRUSTEES OF TRUST 9125 LAKE RILEY BLVD CHANHASSEN MN 55317 MICHAEL T & TERESA A MONK 9671 MEADOWLARK LN CHANHASSEN MN 55317 DAVID A & SUSAN M DUHAIME 9131 LAKE RILEY BLVD CHANHASSEN MN 55317 MICHAEL J REILLY & LISA A REILLY 9701 MEADOWLARK LN CHANHASSEN MN 55317 THOMAS J & SUE A SUTER 11397 WELTERS WAY EDEN PRAIRIE MN 55347 DELBERT R & NANCY R SMITH 9051 LAKE RILEY BLVD CHANHASSEN MN 55317 ]~AVERY® Address Labels Laser 5 ! 60®