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2 Variance 6990 Utica Lane STAFF ~ROPOSAL: t, OCATION: ', , CITY OF REPORT BOA DATE' 7/08/97 CC DATE: CASE #: 97-7 By: Kirchoff:v A seventeen (17) foot variance from the seventy-five (75) foot shoreland setback for the construction of a deck. 6990 Utica Lane (Lot 19, Block 1, Greenwood Shores) William and Jomme Lambrecht 6990 Utica Lane Chanhassen, MN 55317 470-4216 RSF, S~ngle-Parmly 14es~ctentml D~stnct l.fl ACREAGE: OZNS~TY: ADJACENT ZONING AND LAND USES: ATER AND SEWER: tYSICAL CHARACTER: 2000 LAND USE PLAN: Approximately 25,128 sq. ft. (.57 Acres) N/A PUDR, Planned Unit Development, Residemial RD, Recreational Development Lake Available to the site The site is riparian lot located on Lake Lucy that contains an existing single-family residence. Low Density Residential D 0 0 0 o 0 0 CD 0 0 0 0 0 CD 0 0 0 0 CD 0 0 0 0 0 L ~// / ~~,~Greenwood Shores ~. mbrecht Variance J~ly 3, 1997 P~age 2 ~ ,, ~eetion 20-481 states that all structures must maintain a minimum of a seventy-five (75) foot s,~tback from a recreational lake (Attachment 2). ~edtion 20-72 states that there shall be no expansion, intensification, replacement, structural dh[inge, or relocation of any nonconforming use or structure except to lessen or eliminate the ~!oflconformity (Attachment 3). CKCROU . The Greenwood Shores subdivision was platted in 1959 with 84 lots. When the subject residence was constructed in 1967, it was setback only 70 feet from Lake Lucy, a recreational dextelopment lake. The City requires that all structures be setback 75 feet from recreational l~kes. Staff surveyed the aerial photographs of the riparian lots in this subdivision and found that all structures meet the setback with the exception of Lot 16 and the subject property, Lot 19. The aerial photograph was taken in April 1989. This lot is approximately 210 feet in width and 120 feet in depth. *I~ALYSIS Th,e applicant is requesting a 17 foot variance from the 75 foOt shoreland setback to construct an additional 13 foot by 12 foot (156 sq. fi.) deck. Currently, a 14 foot by 12 foot (168 sq. fi.) deck ~ lbcated on the rear of the home. The existing deck is in need of repair and does not have stairs tO ~he lake. The applicant believes an additional deck is needed for access to Lake Lucy from the rn~jn floor. The existing home is a nonconforming structure as it is positioned only 70 feet from the lake ~vl~en ordinance requires 75 feet. The existing deck is only 58 feet from the edge of Lake Lucy. ¢iW Code states that there shall be no expansion or replacement of any nonconforming structure ($~ction 20-702). The applicant would like to replace the existing 14 foot by 12 foot deck because it is in need of repair. /'he maintenance and repair of nonconforming structures is Rerlnitted. Removal or destruction of a nonconforming structure to the extent of more than fifty ~50) percent of its existing value, excluding land value and as determined by the city, shall ~e1?ninate the right to continue the nonconforming structure (Section 20-72). Staff recommends lla~It the applicant be permitted to replace not just repair the existing deck. The applicant does ~aye a reasonable use of the property with the existing deck. The proposed 156 sq. ft. lower deck is located 7 rises below the existing deck. Although the api ~licant did state that the only emergency exit from the main floor is the front door, a deck Lambrecht Variance July 3, 1997 Page 3 above grade is not required to have access unless it is the main entrance to the residence. The residence does have access to the lake from the lower floor or basement. Staff does not believe that a hardship has been demonstrated and does not recommend approval of the variance for the construction of the additional deck. FINDINGS 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 applicant has not demonstrated a hardship that would warrant the granting of this variance. The property has been put to reasonable use as a single family home with a deck exists on this site. The applicant has an opportunity to use and enjoy their property without the additional 156 sq. ft. deck. Approving this variance will increase the nonconformity of the structure. b~ The conditions upon which a petition for a variance is based are not applicable, generally, to other property wittfin 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: The variation does not appear to be based upon a desire to increase the value or income potential of the property. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that the hardship is self-created. The proposal for the additional deck is creating a hardship. The inability to expand a nonconforming deck is not a hardship. Ilambrecht Variance I~ly 3, 1997 l~age 4 · · ;,,cou son IO r 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 will not detrimental to the public welfare or injurious to the neighborhood. 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 the neighborhood. Staff recommends that the Board of Adjustments and Appeals adopt the following motion: ' .:?h~e Board of Adjustments and Appeals denies the request for a 17 foot variance from the 75 foot slaoreland setback for the construction of an additional 13 foot by 12 foot deck based upon the fmd ings presented in the staff report and the following: The applicant has not demonstrated a hardship that would warrant the granting of a variance. The applicant has an opportunity to enjoy a reasonable use of the property without an additional deck. The proposed deck will increase the size of the nonconforming structure." ['ACHMENTS 1~ Application 2; Section 20-481, Shoreland Management District, Placement of Structure 3~ Section 20-72, Nonconforming Uses and Structures 4; Site Plan 5; Shoreland Management Program 6, .,Property Owners CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION 1997 'TELEPHONE (Day time) /./L "~ ~ _/_./ , Comprehensive Plan Amendment OWNER: ADDRESS: TELEPHONE: Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Non-conforming Use Permit · Planned Unit Development* Re. zoning . Sign Permits Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Sign P,lan Review Notification Sign SiZe PS Review* Subdivision* X Escrow for Filing Fees/Attorney Cost** ($50 CUPISPR/VAC/VARAN AP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ ~ ~--"~ ~ ~ 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. 'Twenty-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 ~IDTE-'When mu]tiple applications are processed, the appropriate fee shall be charged for each application. · :LEGAL ESCRIPTION ~~~ZONING ~~D USE DESIGNATION ~~~ ~D USE DESIGNATION ~O~ ~0;~ THIS REQUEST NO o cb_-oo/ . i~PTc:a~ ~ece~ved on/~2 J/-7/C'I V Fee Paid/'~ r'7~~-'co Receipt No. ~al~li~n~ should contact staff for a Copy of the staff report which will be available on Fdday pdor meeting. llrmt eon~c~ed, a copy o[ the report will be mailed to the applicant's address, to tho .. i .S ijgx-.atu re af Ali3plicant ,~ ,~ _ Date Date ~~re ~[~e O~er 'Th~s appliCCt~n must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans ~cuired by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Z)eparZmer!t to determine the specific ordinance and procedural requirements applicable to your application. i r ' ,~,deterrn~ .rStiOn of completeness of the application shall be made within ten business days of aPplicatiOn submittal. A written ~llStice z)f a,dtpl~tion deficiencies shall be mailed to the applicant within ten business days of application. 'rheas'to cert'fythat ! am making application for the described action by the City and that I am responsible for complying with all City req~lirements with regard to this request. This applicat, ion should be processed in my name and I am the party whom 'the City sh~u1:1 contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owne','s Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make ~ applb~.' a and the fee owner has also signed this application. 1 ,¢a'!I 1,-eep '¢ myself informed of the deadlines for submission of material and the progress of this application. I further anderstanStl'at additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any author~ti~ '.o proceed with the study. The documents and information I have submitted are true and correct to the best of -rhe ~,3ty'h ~arel~y notifies the applicant that development review cannot be completed within 60 days dUe to public hearing -requiremer~s ~and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension !Dr[ development review. Development review shall be completed within 120 days unless additional review ~ are approved by the applicant. JUN 1 ? ~997 ZONING § 20-477 Sec. 20-418. Enforcement procedures. (a) Violation of article VI, wetland protection, or of the terms of a permit issued there- under shall be a misdemeanor punishable by ninety (90) days in jail and a fine of seven hundred dollars ($700.00). (b) Any person who alters a wetland in violation of article VI, shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee. The city council may require the violator to restore the wetland or take other mitigative measures. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 11, 4-25-94) Secs. 20.419-20-475. Reserved. ARTICLE VII. SHORELAND MANAGEMENT DISTRICT* Sec. 20.476. Statutory authorization and policy. (a) Statutory authorization. This article is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (b) Policy. The uncontrolled use of shorelands of Chanhassen affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by .impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Chanhassen. (Ord. No. 217, § 4, 8-22-94) Sec. 20-477. General provisions. (a) Jurisdiction. The provisions of article shall apply to the shorelands of the public waters as classified in section 20-478 of this article. Pursuant to Minnesota Regulations, parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than 10 acres in size are exempt from this article. A body of water created by a private user where there was no previous shoreland is exempt from this article. ~Editor's note-Section 1 of Ord. No. 217, adopted Aug. 22, 1994, repealed former Art. VII, §§ 20-476-20-478 and § 4 of the ordinance enacted a new Art. VII as herein set out in §§ 20-476-20-486. Prior to repeal, former Art. VII pertained to the Shoreland Overlay District and derived from Ord. No. 80, Art. V, § 23, adopted Dec. 15, 1986. Supp. No. 7 1191 § 20-477 CHANHASSEN CITY CODE ~) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of Water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shail be in full compliance with the terms of this article and other applicable regulations. (c) Enforcement. The planning director is responsible for the administration and enforce- ment of this article. Any violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connec- tion with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (d) Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (e) Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. (f) Abrogation and greater restrictions. It is not intended by this article to repeal, abro- gate, or impair any existing easements, covenants, or deed restrictions. However, where this. article imposes greater restrictions, the provisions of this article shall prevail. All other arti- cles inconsistent with this article are hereby repealed to the extent of the inconsistency only. (Ord. No. 217, § 4, 8-22-94) Sec. 20-478. Administration. (a) Permits. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this article. Oa) Variances. The board of adjustments and appeals or city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (c) herein shall also include the summary of the public record/testimony and the ~indings of facts and conclusions Which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming i sewage treatment system is present for the intended use of the property. The variance, if '.issued, shall require reconstruction of a nonconforming sewage treatment system. (c) Notifications to the department of natural resources. Copies of all notices of any public i hearings to consider variances, amendments, or conditional uses under local shoreland man- :agement controls shall be sent to the commissioner's designated representative and post- '.marked at least ten (10) days before the hearings. Notices of hearings to consider proposed isubdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments - ISupp. No. 7 1192 ZONING § 20-479 and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten (10) days of final action. (Ord. No. 217, § 4, 8-22-94) Sec. 20-479. Shoreland classification system and land use districts. (a) Sh6reland classification system. The public waters of Chanhassen have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Carver/Hennepin County, Minnesota. (b) [Shoreland area defined.] The shoreland area for the waterbodies listed below shall be as defined in section 20-1 and as shown on the official zoning map. (c) Lakes. (1) Natural Environmental Lakes: Inventory LD. Number Harrison 10-SW Rice Lake 27-132P Rice Marsh Lake 10-1P St. Joe 10-11P Silver 27-136P (2) Recreational Development Lakes: Ann Christmas Hazeltine Lotus Lucy Minnewashta Riley Susan Virginia · (d) Rivers and streams. (1) Agricultural: Minnesota River--From west city boundary to east city boundary. (2) Tributary streams: Bluff Creek--From Basin 10-209W to Basin 27-i32P (Rice Lake). Lake Ann (10-12P) to Lake Susan (10-13P). Lake Susan (10-13P) to Rice Marsh Lake (10-IP), Inventory LD. Number 10-12P 27-137P 10-14P 10-6P 10-7P 10-gP 10-2P 10-13P 10-15P Supp. No. 8 1193 § 20-479 CHANI-IASSEN CITY CODE Lake Minnewashta (10-9P) to Lake Virginia (10-15P). Purgatory Creek--From Lotus Lal/e (10-6P) to east city boundary. All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, not given a classification herein shall be considered "tributary". (Ora_ No. 217, § 4, 8-22-94) l~ec. 20-480. Zoning and water supply/sanitary provisions. (a) Lot area and width standards. The lot area (in square fee/) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of ~his ordinance for the lake and river/stream classification are as follows: (1) Sewered lakes--Natural environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 (2) Sewered lakes--Recreational development: Riparian Lots 1Vonriparian Lots Area Width Area Width Sin~e 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 Unsewered lakes--Recreational development: Riparian Lots Nonriparian Lots .Area Width Area Width Single 40,000 125 15,000 90 (3) River/stream lot width standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six (6) river/stream classifications are as follows: Single Duplex No. 8 ~ibutary 1194 Agricultural No Sewer Sewer 150 100 90 225 150 115 ZONING § 20-481 Tributary Agricultural lgo Sewer Sewer Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. (Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. S~ructures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Classes of Public Waters Lakes Natural environment Recreational development Rivers Agricultural and tributary Sewage Structures Treatment Unsewered Sewered System 150 150 150 100 75 75 100 50 75 When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure. One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) efthis article may be setback a minimum distance often (10) feet from the ordinary high water level. (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody. Setback From: (1) Top of bluff; (2) Unplatted cemetery; (2) Right-of-way line of federal, state, or county highway; and Setback (in feet) 30 50 50 Supp. No. S 1195 § 20-481 CHANHASSEN CITY CODE Setback From: (4) Right-of-way line of town road, pub- lic streets, or other roads or streets not classified. Setback (in feet) 2O ~ SOpp. No. S 1196 (c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, fflocated on lots or parcels with ~ublic waters frontage, shall either be set back double the normal ordinary high wa~er level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (e) Design criteria for structures. (1) High water elevations. Structures shall be placed in accordance with any flood plain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level, whichever is higher; b. For rivers and streams, by placing the lowest floor at least three (3) feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three (3) feet above the ordinary high water level, or by -i conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three (3) approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one (1) approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration floodi_ng is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in section 20-481(a) if this water-oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks shall not exceed eight (8) feet above grade at any point. § 20-60 CHANHASSEN CITY CODE Sec. 2060. 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, § 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. (b) Notwithstanding any other provisions of this chapter, any detached singie-family dwelling that is on a nonconform~,~g 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 ef the building unless the addition mee~m setback requirements. (c) No nonconform{ng 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-Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in §§ 20-71-20.73. Prior to amendment, Div. 4 contained §§ 20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. ~upp. No. 4 - 1164 ZONING § 20-73 i (d) Full use of a nonconforming land use shall not be resumed if the amount of land or i 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 i 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 receding 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, ia~,d other factors deemed relevant by the city. I ' (e) Maintenance and repair of nonconforming structures is permitted. Removal or destruc. ILiOn 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- i ~.~ue the nonconforming structure. ! (f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, ~f approved by the city council a nonconforming land use may be changed to another noncon- forming land use of less intensity ii' it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. [ i(g) If a nonconforming land use is superseded or replaced by a permitted use, the non- onforming status of the premises and any rights which arise under the provisions of this ~ , ~e~tion shall terminate. lord. No. 165, § 2, 2.10.92) SeC. 20-73. Nonconforming lots of record. i ' : : (a) No variance shall be required to reconstruct a detached single-family dwelling located en ~ nonconforming lot of record or which is a nonconforming use if it is destroyed by natural ~ :s~ster 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 tieStroyed structure. Reconstruction shall commence within two (2) years of the date of the de-~.truction of the original building and reasonable progress shall be made in completing the t~r~.'ect. A building permit shall be obtained prior to construction of the new dwelling and the ~eW structure shall be constructed in compliance with all other city codes and regulations. (b) No variance shall be required to construct a detached single-family dwelling on a no~conforming lot provided that it fronts on a public street or approved private street and P:ravided that the width and area measurements are at lest seventy-five (75) percent of the ~itilmum requirements of this chapter. , ' (c) Except as otherwise specifically provided for detached single.family dwellings, ~here s~ ,al3 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 if all or part of the lots ctV not meet the width and area requirements of this chapter for lots in the district, the S,p~No.~ 1165 t t..U.LN 31KLIL-IIU_/'N ~ 3341 HARMONY CIRCLE BURNSVILLE, MN 55337 PHONE (6!2) 894-0001 State License # 0001001 ./ PROP,::)$ ED DECK / ' ~' · ', ~. D~c-- I" ISTING DECK . - ' J i J I ! SHORELAND MANAGEMENT PROGRAM LAKE AND RIVER CLASSIFICATIONS Minnesota's lakes range from the sterile, rock basin lakes of thc Arrowhead region to thc naturally fertile, shallow lakcs of thc southwest prairie region. Rivers vary from thc urbanized Mississippi in thc Twin Cities to rcmotc streams trickling into Lake Supcrior. Thcsc diffcrcnt types of lakcs and rivers require diffcrcnt dcvclopmcnt standards. A classification system was developed so that thc appropriate dcvclopmcnt standards could bc applied. Lakes and rivers arc divided into thc following classcs bascd on a combination of factors. LAKES 1) NaturalEnvi~onment/.akeSusually have' less than 150 total acres · and less than 60 acres per mile of shoreline, less than 3 dwellings per mile of shoreline, may have some winter kill of fish, may. have shallow, swampy shorclinc, and arc less than 1:5 fcct deep. 2) Recreational Development lakes usually have between 6'0 and 225 acres of water per mile of'shoreline, between 3 and 25 dwellings per~ miic of shoreline, and arc over IS feet 'deep. 3) General Development Lakes usually have greater than 225 acres of water per mile of shoreline, over 2S dwellings per mile of shoreline, and arc ovcr 15 fcct deep. RIVERS STA EWIDE rSTANDARDS The Minnesota Department of Natural Rcsour'ccs* Statewidc Standards affect all lakes greater than 25 acres (10 acres in m~inicipalitics) and rivcrs with. a drainage area two. square miles or greater. These standards set guidelines for the usc and develoPment of shdrcland property including: a Sanitary code· minimum lot size· minimum water frontage, building setbacks, building heights and subdivision regulations. Thc Shorcland Management Act regulates all la~d within 1,000 feet of a lake and 300 fcct· of a rivcr and the designated floodplain. Local. units of government with. priority shorelands arc required to adopt these or stricter standards into · their zoning ordinance; It is always l~st to check with thc local zoning administrator about specific regulations,' 1) Remote Rivers are primarily, in roadless; forested· ~parsely- populated areas in thc Northeast. 2) Forested Rivers are in. forested, sparsely to moderately populated 'areas .with some roads. Northeast, Southwest and North Central. 3) Transition Rivers arc in a mixture of cultivated, pasture, and forcsted lands. 4.) Agriculture Rivers are in intensively cultivated areas, mainly southern and western ar~as of the state. $) Urban Rivers are in high density residential· commercial and' industrial development areas. 6) Tributary Rivers arc all other river's in thc Protected Waters Inventory not classified above. ' ! Some rivers have special classifications other than those listed abov'e. They include designation as a State or Federal Wild and Scenic River, a trout ...... ~tr_~am or spccinl_~vgr_ trt;~n:~gement IJistrict.- ........................ Table 1 Lake Class 'N'atural · Environment ReCreational. Develop'meat General D. evelopment STAT. EWIDE . SHORELAND · MINIMUM 6TANDARDS LAKES - ($'ewered) Lakeshore Lot Width Lei Al'el SIfuClul'© Impact (feet) (sq. feet) Sclback (fl.) Zone (fl.) · 125- 40,000 150 75 Non-l,akeshore LOt Widlhl Lot Arcs (feet) I (sq. fccl) 125 20.0t)0 75 75 .. 20.boo. 75 37.5. 7~ I t5.000 I.- 50 I~-s 15,000 · 1 IO.I)OO STANDARDS ' Development Standards-The standards specified in Tables '1,2 a~6 have been adopted by most counties and many cities in their local zonh ordinances. Before. you build a structure, install or replace a sews treatment system, or=substantially alter the shoreland landscape, you obtain the appropriate permit. Permits are available from the local zoni administrator, usually located in Ithe .county courlhouse-or city hall. lin'pact Zones- The a~eas immediately adjacent to lakes, rivers..; bluffs are critical in maintaining good water and visual' qualities of th resources. Shore and Bluff Impact Zones have been created to prot these a. reas. ALWAYS CHECK WITH LOCAL ZONING OFFICIALS TO VERIFY TIlE EXA LOCAL REQUIREMENTS SINCE THEY MAY BE STRICTER THAN T, STATEWIDE MINIMUMS. · Table 2 'Lake Class · Natural En~ironment LAKES - (Unsewered) Lakeshore Lot Width 'Lot Area Struc.IScwcr Impacl . (feet) (sq. feet) Setback(ft.) Zone (fl.) · 200 80.000 150 I 150 7.5 Non-l,akeshore Ldl Widlh Lot Area (feet) (sq. fcct) · 200 80.000 Recreational ' 150 40.000 100 t 75 50 Development · General 100 20.000 '75 1 50 . 37.5 Development · RIVERS . · 150 40.000 .. 150 40.000 . Table 3 River Class River Shoreland · Lei Width Structurc ] Impact Zonc Scwagc (feet) Setback (fl.)'] (f~el) ~;elback (_fl.) Remote .. 300 200 I0(! 150 Forested. · 200 ' 150 75 100 Transition 250 150 75 I00 '; ARricultural . 150 , ., 50/100' 25/50' 75 Urban & Trlbular]_ _ .751100' 501100* ~ 25/50' 75 * Sewcred I. Unsewered Note: Setbacks and the Shore Impact Zone arc me;~surcd from the Ordinary High Water Level (OHWL). · Structure Setback From': · Top of the bhiff .......................................................... 30 feet · · Unplatted ~:emctery ............. ~. .................................. 50 feet · · Right-of-way line of federal, state or county highway .................................................... -50 feet · Right-of-way line of town road, public street, or'other unclassified road ........ : .............. 20 feet · Shore Impact Zone- Is one-half' thc distance of thc buildi setback; for agricultural land uses, the zone is ,50 feet. · Blufflmpact Zone- Includes thc bluff and land within 20-fi from .the top. Structures and accessory facilities, except stairways landings, must not be placed within bluff impact zones. · Building Elevation- Must be a minimum of 3 feet above t highest known water elevation. .. Sewage System Elevation - Must be'a minimum of 3 feet abc the highest groundwater level or bedrock, for 'all lake 'and ray classes. A. c6nforming sc.wage, treatment system is required for : future development and any site improvements. · · tluildingHeight- Height limit is 25 feet 'in city residential districts · Imperviou~Surfaces. Are not permitted to cover more than 25 of the iotal lot. · Water-Oriented Structures- Must be set back at least l0 fc from the OHWL and limited to one structure, i.e. a boathouse. ~ r No-ICE OF PUBLIC HEARING B~ARD OF ADJUSTMENTS AND APPEALS ~UESDAY, JULY 8, 1997 .i i at 6:15 p.m. C~ Hall - 600 ¢oultor Dri¥o 'Council Chambers SUBJEC~ Shoreland Variance ' for Construction of a Deck APPLIC LOCATI{ M~i, T: William and Jeanne Lambrecht 6990 Utica Lane Lake Lucy NOTIC~E: You are invited to attend a public hearing about a proposal in your area. The applicant, William and Joanne Lambrecht, are requesting a 17 foot variance to the 75 foot shorelend setback to allow the construction of a deck on property zoned RSF and located at 699{) Utica Lane. 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 meetir~,I 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. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then a recommendation to the City Council. make r Questi0n,~ Hall durin someor~e and Comments: If you want to see the plans before the meeting, please stop by City ;] office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit r~n1,,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 bf [his public hearing has been published in the Chanhassen Villager on June.,~, 1997. DALE E & GLORIA J CARLSON or Current Resident 6900 UTICA LN CHANHASSEN, FiN 55317 DAVID W BERGSTROM & KIM E ERICKSON or Current Resident 7050 TECUMSEH LN CHANKASSEN, MN 55317 RICHARD J & JANET K LASH or Current Resident 7001 TECUMSEH LN CHANHASSEN, M/~ 55317 EDWIN & CORREEN G NEWINSKI or Current Resident 6930 UTICA LN CHANHASSEN, /~N 55317 MARK PLOOF & DONNA SERSHEN or Current Resident 7040 TECUMSEH LN CHANHASSEN, M~ 55317 DANIEL R & MARILEE DUNSMORE or Current Resident 7051 TECUMSEH LN CHANHASSEN, MI~ 55317 WILLIAM B & PATRICIA C WARD or Current Resident 6960 UTICA LN CHANHASSEN, MN 55317 REED P & MARY P NOBLE or Current Resident 7000 TECUMSEH LN CHANHASSEN, MN 55317 Vladimir Gribovsky, Jr. or Current Resident 7091 TECUMSEH LN CHANHASSEN, FIN 55317 WILLIAM D LAMBRECHT & JOAN-NE M LAMBRECHT or Current Resident 6990 UTICA LN CHAATHASS~, ~ 55317 MICHAEL R & LIN-DA M WRAYGE or Current Resident 6996 TECUMSEH LN CHANHASSEN, MN 55317 WAYNE T CLAYTON & PHYLLIS or Current Resident 7050 SHAWNEE LN CHANHASSEN, MN 55317 J WEBB HEIDI JO CARISCH or Current Resident 7000 UTICA LN CHANHASSEN, Ml~ 55317 JAMES J HASTREITER JR or Current Resident 6990 TECUMSEH LN CHANHASSEN, MN 55317 CHARLES A EILER & MAVIS M CALLAHAN or Current Resident 7000 SHAWNEE LN CHANHASSEN, MN 55317 THOMAS & RANDI FOLSOM or Current Resident 7050 UTICA LN CHANHASSEN, MN 55317 ALDEN L & ANN ARCHER BUTCHER or Current Resident 7090 UTICA LN CHANF~ASSEN, MN 55317 LEON & JOSEPHINE E HENDRICKSON or Current Resident 6986 TECUMSEH LN CHANHASSEN, MN 55317 REGINA M HENDRICKSON or Current Resident 6980 TECUMSEH LN CHANHASSEN, MN 55317 JOHN R & GLORIA COX or Current Resident 6990 SHAWNEE LN CHANHASSEN, FIN 55317 JEFFREY & JULIE FARMAKES or Current Resident 7100 UTICA LN CHA/qHASSEN, MN 55317 GERARD W & KRISSAN MAHER or Current Resident 7101 UTICA LN CHANHASSEN, ~N 55317 RONALD & JACQUELINE MCCONNELL or Current Resident 6971 TECUMSEH LN CHANHASSEN, MN 55317 WILLIAM R & BETH L DODGE or Current Resident 6981 TECUMSEH LN CHANHASSEN, MN 55317 JA/~ES ROSENDAHL or Current Resident 7090 TECUMSEH LN CHANHASSEN, FIN 55317 RICHARD C & JOANNE M POTZ or Current Resident 6991 TECUMSEH LN CH~i~HASSEN, MN 55317 Or Current Reside,~t UTICA TER ! JHASSEi~ MN 55317 ~ r ~OBERT R & ~ELYN CHRISTENSEN or Current Resi ~ent 1511 ~KE LUCY RD EXC~IOR, ~ =r55331 - BRIAN N & NANCY L TICHY er Current Resi{ ent 1471 ~KE LUCY RD EXCFtSIOR, ~ 55331 . JOSEPH J & D ~Y~ MORIN or Cu~ent Reside~ 1441 ~KE LUQY ~D C~NHASSEN~M q 55317 A~N ROBERT~EINGART & MARY E WEiNGART ~ ' or Cu~ent Resi~ 5330 ST ALBIN$ BAY RD SHOREWOOD, ~ 55331 JAMES & C~~E G SCHLUCK or Current Resignt 6800 ~ICA TE~ , CHANHASSEN,~MN 55317 GERALD F HOmMANN or Current Resi~ 6830 UTICA TEB ' CHANHASSEN, ~N 55317 RONALD C & MAR,Y ELLEN KNUDTEN or Current Resident 6850 UTICA TEI~ CHANHASSEN, MN 55317 I<RISTI JILL WILI-IS or Current Resideni 6890 UTICA TEI~ CHANHASSEN, MN 55317 E & GLOR1A iJ CARLSON or Current Resic~ ~n~ 6900 UTICA LN CHANHASSEN, MN 55317 ~ : EDWIN & CORREEN G NEWINSKI or Current Resident 6930 UTICA LN CHANHASSEN, MN 55317 WILLIAM B & PATRICIA C WARD or Current Resident 6960 UTICA LN CHANHASSEN, MN 55317 WILLIAM D LAMBRECHT & JOANNE M LAMBRECHT or Current Resident 6990 UTICA LN CHANHASSEN, MN 55317 JAMES BUEHRING or Current Resident 7000 UTICA LN CHANHASSEN, MN 55317 THOMAS & RANDI FOLSOM or Current Resident 7050 UTICA LN CHANHASSEN, MN 55317 ALDEN L & ANN ARCHER BUTCHER or Current Resident 7090 UTICA LN CHANHASSEN, MN 55317 JEFFREY & JULIE FARMAKES or Current Resident 7100 UTICA LN CHANHASSEN, MN 55317 CITY OF CHANHASSEN C/O CITY TREASURER or Current Resident 690 COULTER DR PO BOX 147 CHANHASSEN, MN 55317 ALAN WEINGART or Current Resident 1685 STELLER CT EXCELSIOR, MN. 55331 ERIC M & NORMA B RIVKIN or Current Resident 1695 STELLER CT EXCELSIOR, MN 55331 JUDITH A DIRKS or Current Resident 1205 W ASH OLIVIA, MN 56277 ROBERT H MASON INC or Current Resident 14201 EXCELSIOR BLVD MINNETONKA, MN 55345 ROBERT H MASON INC or Current Resident 14201 EXCELSIOR BLVD MINNETONKA, MN 55345 ROBERT H MASON INC or Current Resident 14201 EXCELSIOR BLVD MINNETONKA, MN 55345 ROBERT H MASON INC or Current Resident 14201 EXCELSIOR BLVD MINNETONKA, MN 55345 PRINCE R NELSON or Current Resident 7801 AUDUBON RD CHANHASSEN, MN 55317 PRINCE R NELSON or Current Resident 7801 AUDUBON RD CHANHASSEN, MN 55317