1 Variance 331 Deerfoot TrailPROPOSAL:
;
I~OCATION:
APPLICANT:
CiTY OF
BOA DATE: 6/17/97
7/1/97
CC DATE:
CASE #: 97-6
By: Kirchoff.'v
STAFF
REPORT
A ten (10) An eighteen (18) foot variance from the thirty (30) foot front yard
setback requirement and a one (1) percent variance from the twenty five (25) '-
percent maximum lot coverage requirement for the construction of a pool.
331 Deerfoot Trail
(Lot 10, Block 1, Sunny Slope Addition)
Robert and Laura Evans
331 Deerfoot Trail
Chanhassen, MN 55317
445-0565
PRESENT ZONING:
ACREAGE:
DENSITY:
PUD R, Planned Unit Development Residential
Approximately 13,200 sq. ft. (.29 Acres)
N/A
I.fl
I
3d)JACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
2000 LAND USE PLAN:
RSF, Residential Single Family
A-2, Agricultural Estate District
Available to the site
The site is a double frontage lot that contains an existing
single-family residence.
Low Density Residential
.;
Hei ffh
Park
/\
PROPOSED VA~
9000
9100
9200
9300
9400
9500
9600
9700
98O0
9900
10000
10100
10200
10300
10400
~vans Variance
J~ne 17, 1997
l~ge 2
OARD OF ADJUSTMENTS AND APPEALS UPDATE
On June 17, 1997 the Board reviewed and tabled this application. The Board felt that staff
abed the applicant should work together to come up with a more appropriate location for the
At this meeting, the Board and the applicant questioned why the back yard was considered a
front yard. Staff stated that as long as a property line abuts a public street it shall be
considered a front yard. The applicant has property lines which abut two streets, therefore,
they technically have two front yards although it is generally used as their rear yard. Staff
contacted other communities and found that they similarly consider any yard that borders on
a': street to be a front yard and should, therefore, maintain front yard setbacks. Setbacks on
all yards that abut public streets are important for uniformity, aesthetics, open space, safety
and visibility, utilities and snow storage.
The proposal has been updated to lessen the variance request. Staff has worked with
Valley Pools and the applicant to locate the pool in an area that lessens the variance
required. The variance from the impervious surface requirement has been eliminated.
The staff report has been changed to reflect the new prOposal. The new information is in
bold and the old information has been struck through.
~P[~LICABLE REGULATIONS
Section 20-1 defines lot, double frontage as a lot which fronts upon two (2) parallel streets, or
w]tich front upon two (2) streets that do not intersect at the boundaries of the 1o~ On a double
frontage lot, both street lot lines shall be deemed front lot lines (Attachment 2).
Section 20-615 requires that all structures maintain a minimum of a thirty (30) foot setback from
the front and rear property lines (Attachment 3).
S~ction 20 615 statcs that the maximum lot coverage for all structures and paved surfaces is
twenty fivc (25) pcrcent of thc total lot area.
Section 20-904 states that swimming pools may be located in rear yards with a minimum side
and:rear setback of ten (10) feet (Attachment 4).
B~,CKGROUND
The subject property is located in Sunny Slope Addition. This planned unit development was
approved in 1977. Of the 12 lots in this development, 6 have a double frontage, meaning, Lots
Evans Variance
June 17, 1997
Page 3
7-12 abut Lake Riley Blvd. to the south and Deerfoot Trail to the north. Therefore, the
properties must maintain a front yard setback on both streets as defined in Section 20-1.
This PUD required a 20 foot setback along Deerfoot Trail and a 30 foot setback along Lake Riley
Boulevard. The reduced setback intended to compensate for the decreased lot depth. The
existing residence does meet these setback requirements. The lot has approximately 60 feet of
frontage on Deerfoot Trail and 169 feet of frontage on Lake Riley Boulevard.
ANALYSIS
The applicant is requesting a 10 an ! 8 foot variance from the 30 foot front yard setback (actually
the rear of the home) requirement and approximately a 1 percent variance from the 25 percent
maximum lot coverage requirement to construct a pool. The 16 foot by 30 g8 foot, rectangular-
shaped kidney shaped pool is proposed to be located south and west east of the existing
residence. (Note: The applicant would prefer that the pool be located on the eastern side of
the property.) In order to increase the setback from the street, the applicant has decided to
remove the deck that is located on the eastern side of the property. Also, the corners of the
pool have been cut and it has been shifted closer to the home. The proposal does not include
the decking or the fence. The contractor stated that typically a 3 foot decking is placed around
the pool. The revised proposal has the pool encroaching only 10 feet into the required
setback rather than the original 18 feet. The pool will be including the decking, would bring
the pool approximately 20 ¢ feet from the property line that abuts Lake Riley Boulevard. The
decking is typically 3 feet around the pool, however, the actual setback will be measured
from the edge of the pool not the decking. Also, City Code states that an in-ground swimming
pool shall be protected by a fence with a minimum height of 5 feet.
Typically, a pool is permitted in the rear yard as long as a 10 foot setback is maintained in the
side and rear yard. In this case, the applicant has Lake Riley Boulevard bordering on the rear of
the home so the 30 foot setback must be maintained rather than the 10 foot. However, the yard
is technically a front yard so the pool would not be permitted by the City Code. ~
majority of the proposed pool encroaches into the required setback. In addition, accessory
structures are not permittcd in the front yard setback and technically this property has txvo front
Staff has eliminated the variance from the lot coverage requirement. The City will not
consider this to be impervious surface as water can collect in the pool. Staff has calculated
the lot coverage and found that the existing structures (house, drivcway) and pool with thc
decking will exceed the 25 percent maximum lot coveragc requirement. The residence and the
drivcway cover 2,728 sq. ft. of thc lot and the pool area is approximately 750 sq. ft. This
additional impervious surface increases the hard surface coverage to 26 percent, 1 percent
beyond what is permitted by ordinance. The tot area is 13,200 sq. ft. so 3,300 sq. ft. is permitted
Evans Variance
J~ne 17, 1997
1~.~ ge 4
t6 bc covcred by an impervious surface. Approximately 3,475 sq. ft. of the sitc is proposed to be
¢?crod by a hard surfacc.
T~e applicant contends that the variance is needed to provide a safe alternative for their child and
fo,.' r daily exercise (See Attachment 1). The reasons presented are inconsistent with the conditions
for granting a variance. According to Section 20-58, a variance may be granted if the
efiforcement of the chapter would cause a hardship. Staff believes that the enforcement of the 30
foot setback requirement is not a hardship. The property has a reasonable use of the property as
compared to those within 500 feet. A single family home with an attached garage exists on this
property. The inability to construct a pool on a property is not a hardship. Many residents-do not
have a pool on their property and still enjoy a reasonable use.
Staff has discussed this proposal in detail with the applicant prior to the submittal of this request
and explained that the variance would not be recommended by staff as a hardship has not been
demonstrated. Staff also explained that the pool will have to be engineered to sustain the slope
in the yard. A retaining wall consisting of keystone brick, wood or boulder would be appropriate.
Staff has also discussed the proposal with the contractor, Valley Pools, and made them aware that
a ~ool is not appropriatc in this yard.
FJ[NDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a.
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The applicants have not demonstrated a hardship that would warrant the granting
of this variance. The property can and has been put to reasonable use as a single family
home exists on this site. Staff surveyed Sunny Slope Addition and found that all properties
have maintained the appropriate setback (decks may encroach 5 feet, so the setback would
be 25 feet rather than the 30 foot) along Lake Riley Boulevard. The applicant has an
opportunity to use and enjoy their property without the pool. Approving this variance
would depart from the existing standards and would create a new setback along Lake Riley
Boulevard. In addition, it may allow for a proliferation of variances. When this report was
written no variances were granted in this PUD.
Evans Variance
June 17, 1997
Page 5
b,
do
e,
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 a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: Although, the variation does not appear to be based upon a desire to increase the
value or income potential of the property, the applicant does have a reasonable use of the
property.
The alleged difficulty or hardship is not a self-created hardship.
Finding: Staff believes that the hardship is entirely self-created. The applicant knew when
they bought the property that it has two street frontages. The proposal for the pool itself is
creating a hardship. Once again, the inability to construct a pool is not a hardship.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance could be detrimental to the public welfare. If the
variance is approved, the applicant will be allowed to encroach further into a requirement
setback that abuts a public street without a hardship. Additionally, the pool is required to
have a minimum of a 5 foot high fence surrounding it and the maximum height of an open
fence in the front yard is 4 feet.
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 or increase
the danger of fire or endanger the public safety or substantially diminish or impair
neighborhood property values.
Evans Variance
Yane 17, 1997
~age 6
[
I~OMMENDATION
;
~taff recommends that the Board of Adjustments and Appeals adopt the following motion:
'The Board of Adjustments and Appeals denies the request for a 10 an !8 foot variance from the 30
foot setback requirement and the variance from the. hard surface coverage requirement based upon
thee findings presented in the staff report and the following:
[
.
The applicant has not demonstrated a hardship that would warrant the granting of a variance.
2;
The applicant has an opportunity to enjoy a reasonable use of the property without
constructing a pool."
If the Board of Adjustments and Appeals should grant the variance the follOwing conditions shall
apply:
1~ The applicant shall have the pool engineered by a registered engineer.
2! The applicant shall provide type Ill erosion control.
31 The applicant shall comply with swimming pool fence requirements.
A,T~FACHMENTS
1. Application and Letter
2, Section 20-1, Definition, Lot, Double Frontage
3. Section 20-615, Lot Requirements and Setbacks
Section 20-904, Accessory Structures
5. Revised Site Plan
6. Property Owners
7, Minutes from the June 17, 1997 Board of Adjustments and Appeals Meeting
CiTY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
I AY'3 0 1997
C~,~ .......... ' .......~cr' r
ADDRESS: ,-~3 I
TELEPHONE (Day time)
OWNER:
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
!
·
Conditional Use Permit
Interim Use Permit
Vacation of ROW/Easements
Variance
· Non-conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review*
Subdivision*
~ Escrow for Filing Fees/Attorney Cost**
($50 CU P/SP PJVACNAR/WAPIMetes
and Bounds, $400 Minor SUB)
TOTAL FEE $'~ ¢,_~-.~o
A list of all 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. ¢ 0 0 1
i,~wenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of
ansparency for 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.
'lOT,~d_ ACF~G E
W~DS ~RES~ YES ~ NO
P~S~ZONING V ~ ~
~QUE~ ZONING
P~S~~D USE DESIGNATION ~' r~l~'~i
.
~Q~STED ~ND USE DESIGNATION ~',-
._ . . ; /:(.~, t.~1 ·
'f ! ,/'i'I'
/
/
accompanied by all information
~d plans re~imd by applicable Ci~ Ordinance provisions. Before filing this application, you should confer with the Planning
Depa~ent tO determine the specific ordinance and procedural requirements applicable to your application.
~e~inatiOn ~of completeness of the application shall be made within ~business days of application submi~al. A wr~en
~e of appl~tion deficiencies shall'be mailed to the applicant within ten business da~ of application.
Thi~ 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 applicat, ion should be processed in my name and I am the party whom
the City should oontact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's iDuplicate Certificate of Title, 'Abstract of Title or purchase agreement), or I am the authorized person to make
this applicatioi~ and the fee owner has also signed this application.
! w~! 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 city hereby inotifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for developrnent review. Development review shall be completed within 120 days unleSs additional review
extensions are approved by the-applicant.
Signature 6f~..d, licant' '.>-:--'¢--~ '" ..... ' .... Date
:
Signature of Fee~ Owner Date
ication ReCeived on ~/~_.D/~'/"7 Fee Paid ~ r'7/'~' (~ Receipt No. '7 cJJ'TL
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 mailod to the applicant's address.
May 28, 1997
CITY OF CHANHA,¢--,$.6N
1~":
iVlAY' 3 0 1997
Dear Sirs and Madams of City Council:
I, Laura Evans,.of sound mind, am in need of a formal variance. I need a footage easement to be
lessened on our property of ten feet by the City, so that we will be able to properly place and
construct an area for a pool. The pool will provide physical exercise to be performed daily
(weather permitting), to alleviate anxiety and stress which I am under medical care for. Also, I
must provide a safe physical routine for our daughter because of her A.D.H.D. condition. Three-
out-of-three persons in this household either, because of mental conditions, laborious daily duties
of work, a strive for excellence and in the nature of "providing for" our family would benefit.
Our lives are a~365 day~ year around battle to live co-existingly with all our surroundings and
habitat.
Thirdly, I also take care of mentally retarded persons who are in need of daily exercise and
privacy. During the months of May, June, July, August and September, my stress and anxiety
levels will be drastically reduced. For other reasons extremely private to me, I cannot swim in
public pools and/or recreational lakes.
As Rob and I are living here now, we plan to stay to see through to our daughters
education/special needs. The yard parcel part of the property becomes totally useless.
·
I volunteer and work at our Carver County Schools. We are very loving and caring people, we
need this variance to go through for the health and future of myself, as well as, our daughter's
future.
We will provide the most spectacular landscape available to us, around the pool area, which will
enhance the beauty of our beautiful Lake Riley neighborhood.
I would like to thank you for your precious time and physical energy given to hear this plea for
help and accept the understanding of our human needs. We need to "all" recognize each others
"time in need," just as our "neighboring flood victims" prayed and hoped for our help - basic
needs -and fi,n al needs to rebuild their lives.
/,fi'/
Laura E(. Evans & Family
§ 20-1
CHANI-IASSEN CITY CODE
Loss of trees means that any of the' following may have happened:
(1) Grade change or land alteration, whe~er te. mpo. ra_,Y.0r perman, ent, of greater .than
one (1) foot, measured vertically from the existing grade, affecting forty (40) percent
(as measured on a horizontal plane) or more of a tree's critical root zone; or
(2) Utility construction resulting in the cutting of forty (40) percent or more of the tree's
roots within the critical root zone; or
(3) Mechanical injury to the tree trunk causing loss of more than forty (40) percent of the
barkG or
(4) Compaction to ninety (90) percent of standard proctor to a depth of six (8) inches or
more of fort), (40) percent or more of the s~ace of the soil within the tree's critical
root zone; or
(5) The priming of a tree which eliminates fort), (40) percent or more of the canopy area
of a tree; or
(6) The complete removal of a tree.
Lot means a separate parcel, tract, or area of land undivided by any public street or
~pproved private road, which has been established by plat, metes and bounds subdivision, or
as otherwise permitted by law, and which is occupied by or intended to be developed for and
occupied by a principal building or group of such buildings and accessory buildings, or utilized
for a principal use and uses accessory thereto, including such open spaces and yards as are
designed and arranged or required by this chapter for such building, use or development.
Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines,
but not including any area occupied by the waters of lakes or rivers or by street rights-of-way.
Lot, corner means a lot abutting upon two (2) or more streets at their intersection, or upon
two (2) parts of the same street, such streets or parts of the same street forming an interior
angle of less than one hundred thirty-five (135) degrees.
Lot coverage means that portion or percentage of a lot that is covered by impervious
Surfaces.
Lot depth means the mean horizontal distance between the front lot line and the rear lot
line of a lot. The greater frontage ora comer lot is its depth, and its lesser frontage is its width.
Lot, double frontage means a lot which fronts upon two (2) parallel streets, or which fronts
Upon two'(2) streets which do not intersect at the boundaries of the lot. On a double frontage
lot, both street lot lines shall be deemed front lot lines.
·
Lot frontage means the lot width measured at the front lot line.
Lot, interior means a lot other than a comer lot.
Lot line means a line of record bounding a lot which divides one (1) lot from another lot or
from a street right-of-way or any other public space.
Supp. No. 8 1150
§ 20-595
CHANHASSEN CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92;
Ord. No. 194, § 2, 10-11-93)
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.
ARTICI.F. XII. '~LSF" SINGI.F..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.
Supp. No. 9 1210
(2) Storage building.
(3) Swimming pool.
(4) Tennis court.
(5) Signs.
(6) Home occupations.
(7) One (1) dock.
(8) Private kennel.
',(Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86)
ZONING § 20-615
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,
!1-12-96)
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
a~ditional 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
iSqpp. No. 9
1211
§ 20-615
illustrated below.
CHANHASSEN CITY CODE
Lot, Where Frontage I~
Measured At $,tbaok Line
(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 driveways shall be one hundred (100) feet as measured at the front building
setback line.
Heck / Ft&g Lots
Fron: Lot Line
lO0/Lot
· ~ I
I I
I I I
Wlclth ~ .._j I I
I I I I
L._._I_.j
(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.
Supp. No. 9 1212
ZONING § 20-632
c. For side yards, ten (10) feet.
(6) The setbacks for lots served by private driveways 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.
· b. For accessory structures, twenty (20) feet.
i (Ord. No. 80, Art. V, § 5(5-5-54 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)
.
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-
rnent 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 stable~ with a minimum lot size of five (5) acres.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20-617--20-630. Reserved.
ARTICI.E XIlI. "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(5-6-14 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.
SCpp. No. 9
1213
ZONING § 20-904
(2) Concrete m(r~ng plants.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20-817--20.900. Reserved.
ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS
DIVISION 1. GENERALLY
Sec. 20-901. Overhead transmission lines.
Installation of overhead transmission lines in excess of sixty-nine (69)kilovolts shall require
the issuance of a conditional use permit through any district located in the city. The city
council, in addition to the standards established in article IV, may also impose other conditions
as deemed necessary to protect the public health, safety and welfare.
(Ord. No. 80, Art. VI, § 2, 12-15-86)
Sec. 20-902. Multiple principal buildings on same lot.
In any single-family detached residential district not more than one (1) principal building
shall be permitted to be erected on a single building lot. Groupings of buildings in other
districts may only be permitted by conditional use permit.
(Ord. No. 80, Art. VI, § 3, 12-15-86)
Sec..20-903. Zoning lots.
(a) The designation of a zoning lot shall be approved by the city planner if it complies with
the lot requirements of the district in which it is located and has a single tax identification
number.
(b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and other
zoning ordinance standards.
(c) After designation of a zoning lot the lot may not be subdivided without complying with
the city's subdivision regulations.
(Ord. No. 129, § 2, 6-4-90)
Sec. 20-904. Accessory structures.
(a) A detached accessory structure, except a dock, shall be located in the buildable lot area
or required rear yard. No accessory use or structure in any residential district shall be located
in any required front, side or rear setback with the following exceptions:
(1) In the RSF and R-4 Districts accessory structures shall not exceed one thousand
(1,000) square feet. These structures may encroach into the rear setback as follows:
a. Less than one hundred forty (140) square feet, minimum rear setback is five (5)
feet.
Supp. No. 9 1232.7
20-904
CHANHASSEN CITY CODE
b. One hundred forty-one (14-1) to three hundred ninety-nine (399) square feet,
mknimum rear setback is ten (10) feet. .
c. Four hundred (400) square feet and above, minimum rear setback is thirty (30)
feet.
(2) On riparian lots, detached garages and storage buildings may be located in the front
or rear yard but must comply with front, side and applicable ordinary high water mark
setbacks and may not occupy more than thirty (30) percent of the yard in which it is
built.
(3) Tennis courts and swimming pools may be located in rear yards with a minimum side
and rear yard setback of ten (10) feet, [but] however, must comply with applicable
ordinary high water mark setbacks.
(b) A detached accessory structure may occupy not more than thirty (30) percent of the area
0f any rear yard.
· (c) For parcels with less than three (3) acres in any residential or agricultural district, no
~cessory structure or use shall be erected, constructed, or commenced prior to the erection,
, construction, or commencement of the principal permitted structure or use, but may be erected
or commenced simultaneously. If the principal structure or use is subsequently removed,
destroyed, or discontinued, the accessory structure or use must be removed or discontinued
-W. ithin twelve (12) months.
(Ord. No. 80, Art. VI, § 5, 12-15-86; Ord. No. 145, § 1, 4-8-91; Ord. No. 215, § 1, 8-8-94)
Sec. 20.905. Single-family dwellings.
All single-family detached homes shall:
·
(1) Be constructed upon a continuous perimeter foundation that meets the requirements
of the state building code.
(2) Conform to the following standards for living areas:
a. If a one-story rambler design, have an area of nine hundred sixty (960) square
feet.
b. If a split level design, have an area of one thousand fif~ (1,050) square feet.
c. Ifa split foyer and two-story design, have an area of six hundred (600) square feet
on the first floor.
d. A two-car garage must be provided with the single-family structure.
; i(3) Have an earth covered, composition, shingled or tiled roof or other materials approved
by the Uniform Building Code as adopted and amended by the city.
:
,(4) Receive a building permit. The application for a building permit in addition to other
information required shall indicate the height, size, design and the appearance of all
elevations of the proposed building and a description of the construction materials
proposed to be used.
Sump.
1232.8
06- 16-67 15:28 VALLEY POOLS
I D=6 128~44~34 P. 0.2
NO~'ICE OF PUBLIC HEARING
BOARD OF ADJUSTMENTS
i' AND APPEALS
'r~lJ, ESDAY, JUNE 17, 1997
at 6:00 p.m.
Ci~J Hall - 690 Coulter Drive
'Council Chambers
SUBJECT~ Rear Yard Setback Variance
for Construction of a Pool
APPLIC~
LOCATII
i~UNT: Laura Evans
)N: 331 Deerfoot Trail
I I I
Lake Riley
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applic~'nt, Laura Evans, is requesting an 18 foot variance to the 30 foot rear yard setback
to allow l~he construction of a pool on property zoned RSF and located at 331 Deerfoot Trail.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting,'the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The, Developer will present plans on the project.
3. Corn, rnents are received from the public.
4. Pu~iC hearing is closed and the Commission discusses project. The commission will then
make ~a recommendation to the City Council.
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 Cindy at 937-1900 ext. 117. If you choose to
submit ~vr'tten 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 June 5, 1997.
ROBERT & DORIS ROGERS
~917 DIANE DR
~INNETONKA, Mlq 55343
DENNIS R & ANN BAKER
9219 LAKE RILEY BLVD
CHANHASSEN, FfN 55317
LUCILLE LOUISE REMUS
9245 LAKE RILEY BLVD
CHANFIASSEN, Mlq 55317
DONALD & KATHRYN SITTER
9249 LAKE RILEY BLV]D
~HANHASSEN, MN 55317
EUNICE ELIZABETH KOTTKE
9221 LAKE RILEY BLVD
CHANHASSEN, MI~ 55317
JEFFREY P & HEIDI S NELSON
300 DEERFOOT TRL
CHANHASSEN, MN 55317
PETER PEMRICK JR & WEN-DY L EGGERS
9251 KIOWA TRL
CHANKASSEN, MN 55317
ALAN & KAREN DIRKS
331 DEERFOOT TRL
CHANHASSEN, MN 55317
ROBERT D & KRISTIN S REBERTUS
320 DEERFOOT TRL
CHANHASSEN, MN 55317
JAY_ES F & PATRICIA M DOLEJSI
9260 KIOWA TRL
CHANHASSEN, MN 55317
GEORGE B DEWITT
3127 4TH ST SE
MINNEAPOLIS, Mlq
55414
PAMELA N GUYER
340 DEERFOOT TRL
CHANHASSEN, MN 55317
MICHAEL & CRYSTAL SCHACHTERLE
6350 DOGWOOD AVE
EXCELSIOR, PIN 55331
RONALD YTZEN
9227 LAKE RILEY BLVD
CHANHASSEN, PIN 55317
DANIEL M & JEAN CHRISTENSEN
360 DEERFOOT TRL
CHANHASSEN, MN 55317
JAMES LEE HENDRICKSON
9131 LAKE RILEY BLVD
CHANHASSEN, ~ 55317
FREDERICK POTTHOFF III & JUDITH C
POTTHOFF
9231 LAKE RILEY BLVD
CHANHASSEN, MN 55317
KEVIN M & LINDA P SHARKEY
380 DEERFOOT TRL
CHANHASSEN, YfN 55317
ALAN H & KAREN L DIRKS
9203 LAKE RILEY BLVD
CHANHASSEN, MN 55317
JOHN W ARDOYNO
9235 LAKE RILEY BLVD
CHANHASSEN, M/~ 55317
PAUL E & GAIL A TERRY
400 DEERFOOT TRL
CHA/WHASSEN, MIW 55317
LELAND G SAPP & DIANE K TAYLOR C/O
CERIDIAN EMPLOYER SERVICES
5354 PARKDALE DR #200
MINNEAPOLIS, FiN 55416
PAUL KENT OLSON
9239 LAKE RILEY BLVD
CHANHASSEN, MN 55317
RICHARD R & JILL M MA/DORE
381 DEERFOOT TRL
CHANHASSEN, MN 55317
CURTIS G KRIER
9211 LAKE RILEY BLVD
CHANHASSEN, MN 55317
SUNNYSLOPE HOMEOWNERS ASSN C/O LESLIE
TIDSTROM
340 DEERFOOT TRL
CHANHASSEN, Nlq 55317
SCOTT ALAN WIRTH
361 DEERFOOT TRL
CHANHASSEN, MN 55317
GREGORY L & KELLY R HASTINGS
9217 LAKE RILEY BLVD
CHANHASSEN, PIN 55317
JOY A TANNER
9243 LAKE RILEY BLVD
CHANHASSEN, MN 55317
STEVEN A & PATRICIA A SEKELY
341 DEERFOOT TRL
CHANHASSEN, M/q 55317
C~RISTOPHER
MCGRATH
5~LINGERIRD .. ..
~, ~ 5~ '---
~ "
~ ,
KENT TAGE RAML~DEN & NA0~
~-~IDEN
321 DEERF~T
C~SS~, ~ 55317
._
~o~ ~oo~
S~SLOPE H~~ERS ASSN C/O LESLIE
TIDSTROM
340 DEERFOOT
C~SSEN, ~ 55317
DALE L & RANDI E BOYER
9005 LAKE RILEY BLVD
CHANHASSEN, MN 55317
STEVEN A & RENEE WILLIAMS
7600 HERITAGE RD
EDEN PRAIRIE, bfN 55346
DAVID P & KAREN L DAOUST
9470 FOXFORD RD
CHANKASSEN, MN 55317
BENJAMIN E & PATRICIA SWENSON
9015 LAKE RILEY RD
CHANHASSEN, MN 55317
SCOTT A & SUSAN M BABCOCK
8570 MAGNOLIA TRL-APT 112
EDEN PRAIRIE, MN 55344
RICHA/RJD A & JOANNE ~ LA1ZETTRY
9490 FOXFORD RD
CHANHASSEN, MN 55317
NORIW3uN C JR & KIPIBERLY GRANT
9021 LAKE RILEY BLVD
CHANHASSEN, MN 55317
PETER C & GEORGE-ANN LILLIE
9355 KIOWA TRL
CHANHASSEN, Mlq 55317
DENNIS M MILLS
9510 FOXFORD RD
CHANHASSEN,
55317
ELDON & RAE JEAN BERKLAND
9261 KIOWA TRL
CHANHASSEN, MN 55317
RICHARD C BLUMENSTEIN & JILL
KEOUGH-BLUMENSTEIN
9361 KIOWA TRL
CHANHASSEN, MI~ 55317
RICHARD J CHADWICK
9530 FOXFORD RD
CHA/qHASSEN, MN 55317
DONALD & KATHRYN SITTER
9249 LAKE RILEY BLVD
CHANHASSEN, MN 55317
JOHN W & BEVERLY J BELL
9371 KIOWA TRL
CHANHASSEN, MN 55317
LAKE RILEY WOODS HOMEOWNERS
1660 HWY 100 S SUITE 428
MINNEAPOLIS, biN 55416
BARRY A & HARRIET F BERSHAW
9271 KIOWA TRL
CHANHASSEN, MN 55317
MARK A & PAMELA K MOKSNES
9381 KIOWA TRL
CHANHASSEN, MN 55317
DAVID O HANSEN
108 PIONEER TRL
CHANHASSEN, MN . 55317
PETER PEMRICK JR & WEN-DY L EGGERS
9251 KIOWA TRL
CHANHASSEN, FiN 55317
JOYCE E KING
9391 KIOWA TRL
CHANHASSEN, MN
55317
WILLIAM T & CAROL ANN GRAY
50 PIONEER TRL
CHANHASSEN, MN 55317
WILLIAM J O'NEILL
9550 FOXFORD RD
CHANHASSEN, MN 55317
WILLIAM L & LINDA C JANSEN
240 EASTWOOD CT
CHANHASSEN, MN 55317
STEPHEN L WHITEHILL
7001 DAKOTA AVE
CHANHASSEN, MN 55317
CRAIG W & KATHRYN HALVERSON
9283 KIOWA TRL
CHANHASSEN, MN 55317
WILLIAM S HENAK & KRISTIN ALLERS
280 EASTWOOD CT
CHANHASSEN, MN 55317
MICHAEL & CRYSTAL SCHACHTERLE
6350 DOGWOOD AVE
EXCELSIOR, MN 55331
CRAIG W & KATHRYN HALVERSON
9283 KIOWA TRL
CHANHASSEN, MN 55317
WILLIAM S HENAK & KRISTIN ALLERS
280 EASTWOOD CT
CHANHASSEN, MN 55317
STEVEN F & KATHLEEN M BURKE
9591 MEADOWLARK LN
CHANHASSEN, MN 55317
WILLIAM & SHARON PREDOVICH
9 ~~3~oo~E LN
105 PIO~ER T~
C~SEN, ~' 55317
...... ~ ......
!
~SSEN, ~ 55317
MIC~L J & ~ISA A REILLY
2305 I~I~ ~IDGE DR
GBE~IE~, IB~ ~0025
RICHARD D & FRIEDA A OLIN
9125 LAKE RILEY BLVD
CHANHASSEN, MN 55317
JAMES LEE HENDRICKSON
9131 LAKE RILEY BLVD
CHANHASSEN, MN 55317
ALAN H & KAREN L DIRKS
9203 LAKE RILEY BLVD
CHANHASSEN, MN 55317
LELAND G SAPP & DIANE K TAYLOR C/O
CERIDIAN EMPLOYER SERVICES
5354 PARKDALE DR #200
MINNEAPOLIS, MN 55416
RONALD YTZEN
9227 LAKE RILEY BLVD
CHANHASSEN, MN 55317
FREDERICK POTTHOFF III & JUDITH C
POTTHOFF
9231 LAKE RILEY BLVD
CHANHASSEN, MN 55317
JOHN W ARDOYNO
9235 LAKE RILEY BLVD
CHANHASSEN, MN 55317
PAUL KENT OLSON
9239 LAKE RILEY BLVD
CHANHASSEN, MN 55317
DELBERT R & NANCY R SMITH
9051 LAKE RILEY BLVD
CHANHASSEN, MN' 55317
RAYMOND M & JUDITH
N
LEWIS
9071 LAKE RILEY BLVD
CHANHASSEN, MN 55317
CURTIS G KRIER
9211 LAKE RILEY BLVD
CHANHASSEN, MN 55317
GREGORY L & KELLY R HASTINGS
9217 LAKE RILEY BLVD
CHANHASSEN, MN 55317
SUNNYSLOPE HOMEOWNERS ASSN C/O LES!
TIDSTROM
340 DEERFOOT TRL
CHANHASSEN, MN 55317
JOY A TANNER
9243 LAKE RILEY BLVD
CHANHASSEN, MN 55317
ROBERT H & C~ERYL
9101 LAKE RILkEY
CHANHASSEN, ~N
A PETERSON
BLVD
55317
JAMES L TONJ~S
INC- B BARNES ~
PO BOX 1113 1
i~LI~POLI S , ~ 55440
; ',
J P JR & JUD~rH ~ ~GE~
9117 LAE RI~ BL~
~SSEN, ~ ~ 55317
C/O GENERAL MILLS
JOHN B JR &,MAP~LYN G GOULETT
9119 LAKE RILEY BLVD
C~SSEN, I~ : 55317
DENNIS R & ANN BAKER
9219 LAKE RILEY BLVD
CHANHASSEN, MN 55317
ED-NICE ELIZABETH KOTTKE
9221 LAKE RILEY BLVD
CHANHASSEN, MN 55317
ALAN & KAREN DIRKS
331 DEERFOOT TRL
CHANHASSEN, MN 55317
GEORGE B DEWITT
3127 4TH ST SE
MINNEAPOLIS, MN
55414
LUCILLE LOUISE REMUS
9245 LAKE RILEY BLVD
CHANHASSEN, MN 55317