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2 Variance 855 Lone Eagle DriveCITY 0 F BOA DATE: 9/23/96 CC DATE: CASE #: Var.# 96-10 By:. Rask:v l.d STAFF REPORT PROPOSAL: LOCATION: APPLICANT: A sixteen (16) foot front yard variance for the construction of a 28 x 32 foot detached garage 855 Lone Eagle Drive Kevin and Laurie Kvarn 855 Lone Eagle Drive Ch~nhassen, MN 55317 470-1239 Action by City Administrator Endorsed IX~ Modified Rejected I~te Submitted to ~e SubmJ~ed PRESENT ZONING: ACREAGE: DENSITY: t~r, Keslaenuai bmgm family Approximately 21,000 square feet (.48 acres) N/A ADJACENT ZONING AND LAND USE: WATER AND SEWER: · PHYSICAL CHARACTER: 2000 LAND USE PLAN: N- RSF, Residential Single Family S- RSF, Residential Single Family E - RSF, Residential Single Family W- RSF, Residential Single Family Available to the site · .. · , . · . The locati°n of the proposed garage' is' level, and has...been used as off-street parking in the past. The South end ofthe' '~ '-'." .... i' property is approximately 13 feet lower in elevation than Lone Eagle Drive. Low Density Residential I 11 Lot~s Or I Kvam Variance September 23, 1996 Page 2 APPLICABLE REGULATIONS Article XR, Section 20-615 of the City Code states that the front yard setback shall be a minimum of thirty (30) feet. BACKGROUND The applicant is proposing to convert the existing one car garage into living space, and construct a two car garage to the east of the existing home. The subject property is located in Carver Beach and consists of 11 individual lots. A total of four (4) homes receive access from Lone Eagle Drive. Three of the four homes are located within 20 feet of Lone Eagle Road. Adjacent to the subject property (825 Lone Eagle Road) is a detached garage at 17.5 feet from the front lot line, and a home at 11 feet from the front lot line. On the north side of the street (824 Lone Eagle Drive), is a home with an attached garage located within 15 feet of the right-of-way. Lone Eagle Drive is a substandard city street with a pavement width of approximately 20 which is located within a 40 foot wide right-of-way. Because of the steep slopes to the east, it is not feasible or practical to extend Lone Eagle Drive any further to the east. All parcels currently receive access from either Lone Eagle Drive or Yuma Drive. ANALYSIS The applicant has demonstrated a hardship in the topography of the lot and the location of adjacent structures. The proposed garage could be located on the lot and meet all setback requirements, however, a large amount of fill would be required to level the site. Adding fill to the site could impact drainage on adjacent properties as well as negatively impact the aesthetics of the neighborhood. As proposed, the garage would be located on a level area currently used for parking. Permitting a reduced setback would allow the garage to be placed in-line with the existing homes and garages on Lone Eagle Drive. Three of the four homes located on Lone Eagle Drive encroach into the required front yard setback. These structures are non-confonning and have been in existence prior to the adoption of the current setback requirement. Permit~g a reduced setback on the subject property will allow the garage to blend with the pre-existing standards for the neighborhood. The variance will not substantially increase congestion on the public street or endanger public safety as only four homes receive access from Lone Eagle Drive. In addition, a 17 foot setback is sufficient to provide off-street parking as well as allow for minor improvements to Lone Eagle Drive. Kvam Variance September 23, 1996 Page 3 Staff recommends approval of a variance based on the findings presented in the staff report. The existing home on the subject property is located approximately 17 feet from the front lot line. The garage immediately to the east is located at 17.5 feet fxom the lot line. Staff, therefore, recommends that the proposed garage be moved to the south 3 feet to keep it in-line with the existing structures. Moving the garage 3 feet to the south will require a 13 foot variance. 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: That the literal enforcement of this chapter would cause 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: Three of the four homes located on Lone Eagle Drive encroach into the required front yard setback. These structures are non-conforming and have been in existence prior to the adoption of the current setback requirement. Permi~g a reduced setback on the subject property will allow the garage to blend with the pre-existing standards for the neighborhood. be 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 applicant has demonstrated unique hardships associated with topography, and for the fact that the lot currently has a one car garage only. The majority of properties in the RSF zoning district have at least a two car garage. The variance will allow the applicant to construct a detached two car garage which is consistent with surrounding properties. In addition, city code currently requires that all new homes have either a detached or an attached two car garage. 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 purpose of the variation does not appear to be based upon a desire to increase the value of the property, but rather a desire to enjoy a reasonable use of the property. Kvam Variance September 23, 1996 Page 4 d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardships associated with topography and the location of adjacent structures are not self-created. 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 properties because adequate setbacks are provided from the roadway and surrounding properties. 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. Finding: The proposed variance will not impair an adequate supply of light and air to adjacent structures as appropriate setbacks will be maintained. The variance will not substantially increase the congestion of the pubic street or endanger public safety as only four homes receive access from Lone Eagle Drive. In addition, a 17 foot setback is sufficient to provide off-street parking as well as allow for minor improvements to Lone Eagle Drive. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals approve a thirteen (13) foot front yard setback variance for the construction of a 28 x 32 foot detached garage. (Note: A revised survey will be required prior to issuance of a building permit.) More specifically, the Board finds the following: 1. The applicant has demonstrated a hardship in the topography of the lot. 2. The variance will not substantially increase the congestion of the public street or endanger public safety. 3. Permi~g a reduced setback on the subject property will allow the garage to blend with the pre- existing standards for the neighborhood. 4. The proposed variance will not impair an adequate supply of light and air to adjacent structures as appropriate setbacks will be maintained. Kvam Variance September 23, 1996 Page 5 ATTACHMENTS 1. Application and letter from applicant 2. Survey of property showing proposed garage 3. Survey of adjacent property at 855 Lone Eagle Drive 4. Elevation of proposed garage 5. Public hearing notice CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ..... lt r, nlBS e,m TELEPHONE (Daytime) OWNER: ADDRESS: (.h TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Intedm 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* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/WAP/Metes and Bounds, $400 Minor SUB) SubdMsion* 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. "I w.enp.. _~.x f,..~.! ='l.--e fe!c'."~ oople~ [~!..:-; ~, ~-,.~--- :',:, ~ l ,::~ ~;-, ~ ,,~--~ ..~ T,~,bLt ,/,,:'-'. ~, ·: ¢;'~.'.~.;?,~.._"'~_..%~:)py - h~,-,~,:~.~[,i;.'~';u, :.~,,.;,¥',,;-.'.;';~::'.-L .. ** Escrow will be requirsd for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST YES NO This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days 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 contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I 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 notifies 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 development review. Development review shall be completed within 120 days unless additional review 'extensions are approved by the applicant. Signatu'~e of Fee Owner Da:e Dats 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 ma#ed to the applicant's address. ~ o~rea.q a,~A bva'/cg a rt~w ~~ L ON E ~F_A GLE '°~ ' DRIVE ~-~ OF. BiTUMiNOUS ROAO ' --sos os_ ~~. ~o~~o~, ~ · , ..~_ ~4~.. ~,o,., ~, .~-~ o~ ~P ~ ~ -' ~.~ · ~ . ~.- ~ ~ . ~. , ' ~ ~.;, -"~ ~ I -.~ '%---- ~--- 1~9.68 ..... -' I I t. 4/12 ~ I=ITGH ~'-O" x ~'-O" x 4." C,,ONC, RI~I~. TYPIGAL LEFT ~ ELEVAT~ 4A2 ROCX: .~,ALE, I/4"= I'-O" C4~TIC~I .~i.lll~ ,.~.2'--O" EL~'V'ATION LEN6,TH FOR ALL ~ OPTION~ AT BRI~AIC LII~--5, 22'.-O" ELEVATION LENS, TH FOR ALL I2~-PTH OPTI~ AT BREAK LINE~ 2x~, RIDGE~ ~,~,~,~,~,~,~,~,~,~x6 C,,OI I AI~ TIE'S, · 4.~" ,2x4 ~,ABL~ DTUD 2x& HAN6,L=R · 48" O.G. ~.x4 I,"~IALL TIES, o 4~" O.C,. OPTIONAL 2x4 D'rL,'D~ · 16" O.C,. Ix4 LET-IN BRAC, IN~ · RI* 2~1 ,, ,4/ TYPIC, AL FRONT ELEVATIGH 24'.-0' IdlDE 4/12 ROC~ PITCH 12 ~C, ALE~ I/4' = I'-0' FRONT FRAHIN~ ELEVATION5 FOR E. XAGT D(3C~ C, ONFI~TIONS. · 16' .~IDINd~ REFER TO DETAIL FOR ~ 24'-O' 4/t2 ROO 12 5CALl:, I/4"-- I'--O' Al I I'l'~l~l~llll'U Ix4 LET-IN EIRACIN~ · I f ~r ~r'~ NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS - -I~. I~'1 Monday, September 23, 1996 'nD ~ III at 6:00 .p.m. _"' : City Hall Counc,I Ch. ambers 690 Coulter Dr~ve PROJECT: Front Yard Setback Variance DEVELOPER: Kevin Kvam LOCATION: 855 Lone Eagle Dr. NOTICE: You are invited to attend a public hearing about a development proposed in your area. The applicant, Kevin Kvam, is requesting a 16 foot front yard setback variance for the construction of detached garage on property zoned RSF and located at 855 Lone Eagle Drive. 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. Comments are received from the public. 4. Public 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 John at 937-1900 ext. 117. 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 September 12, 1996. JERRE J & ~ ANN JOHNSON sENZ PERCE DR · MN 55317-9212 MICHAEL L HOFT & NOREEN C RACHOR 832 WOODHILL DR CHANHASSEN, MN 55317-9561 JERROLD L PETERSON a SARA A GEISER- PETERSON 800 WOODHILL Dlt CSANHASSEN, MN 55317-9703 M~URICE 0 & %'ICKIB L HEVEY 780 WOODHILL DR CHANHAS~· MN 55317-9561 2851 WASHTA BAY RD ~C~.T..~IOR, MN 55331-7821 DEVON K & JO ANNE M EKLUND 920 PENAMINT CT CHANHASSEN, MN 55317-9598 LEROY & WANDA BITEI,ER 910 PENAMINTCT CHANHASSEN, MN 55317-9598 JON S & NANCY G CARLSON 902 PENAMINT CT CHANHASSEN, MN 55317-9598 BRYAN a CAROL MCGOVERN 900 P NAMINT CT CHANHASSEN, MN 55317-9598 KATHRYN PETRICK 901 PENAMINT CT CHANHASSEN, MN 55317 CHARLES It L WCH~SFOLD 6900 YUMA DR CHANHASSEN· MN 55317-9560 WILLIAM R JACQUES 911 PENAMINTCT CHANHASSEN, MN 55317-9598 CHRISTOPHER AKLEIN & BARBARA J sEcK THOMAS S & DAWN OPITZ 6961 NEZ PERCE RD 870 NEZ PERCE CT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-9102 ~T=v~AEL~YSM~T & BRIGID M MCCARTHY STEPHENA COBB 833 WOODHILL DR 880 NEZ PERCE CT ~a~g~SSEN· MN 55317 CHANHASSEN, MN 55317 MICHAEL G &KATHERINEM KORTH 6971 NEZ PERCE DR CH~_~g_a. SSEN· MN 55317 DAVID R a ANN L MARSH 890 NEZ PERCB CT CHANHASSEN, MN 55317-9102 DONALD LEE ENNENGA 843 WOODHILL RD CHANHASSEN· MN 55317-9561 GARY S & CYNTHIA J COWLES 900 NEZ PERCE CT CHANHASSEN, MN 55317-9102 THEODORE & ANN LURA ~MITH 901 NEZ PERCE CT CHANHASSEN, MN 55317-9102 DONALD A LANG 891 NEZ PERCE CT CHANHASSEN, MN 55317-9102 JAMES W & JONI LEIGH HALVARSON 881 NEZ PERCE CT CHANHASSHN, MN 55317 PATRICK O & DENISE L GRAY 871 NEZ PERCE CT CHANHASSEN, MN 55317-9102 JON DAVID SCHULER 6970 NEZ PERCE DR CHANHASSEN, MN 55317 CITY OF CHANHASSENC/O CITY TREASU~ 690 COULTER DR ~ CHANHA~55317-0147 JEFFREY D SCHNABEL 970 REDWING CT CHANHASSEN, MN 55317-9239 CLIFFORD R & VALERIE MACLEOD 980 REDWING CT CHANHASSEN, MN 55317-9239 VIRGIL C & JUDITH A STOWS 7600 LAWNDALE MAPLE GROVE, MN 55311 GLEN C & NANCY K UECKER 810 PREAKNESS LN CHANHASSEN, MN 55317 DA%'ID R & CAROL E BAHL 6981 NEZ PERCE DR CHANHASSEN, MN 55317-9213 JAMES J & E KNOP 6880 NEZ PERCE DR CHANHASSEN, MN 55317-9208 CURTIS PAUL BJORLIN 824 LONE EAGLE DR CHANHASSEN, MN 55317-9417' JAMES J & E KNO~ 6880 NEZ P~Ct~DR C~ MN 55317-9208 STATE OF MINNESOTA IN TRUST C/O CARVER COUNTY AUDITOR · DONALD B ANDERSON 2851 WASHTA BAY RD EXC~T~qIOH, MN 55331-7821 JANICE H TAYLOR. 6890 NEZ PERCE DR CHANHASSEN, MN 55317 STATE OF MINNESOT~A ~N-TI(UST c/o CAR~.COU~TY AUOZTOR · ~mu~LY R MURPHY 6870 NEZ PERCE DR CHAblHASSEN, MN 55317 JOYCE ANN HOLLOWAY 845 PONDEROSA DR CHANHASSEN, MN 55317-9562 THERESA A BIGAOUETTE a JAMIE JOHAN~ 6890 YUMA DR CHANHASSEN, MN 55317 KIMBERLY R MUR~ 6870NEZP/ERC~DR C~, MN 55317 LESSlaEYEKAKACH 7000 EDEN PRAIRIE RD EDEN PRAIRIE, MN 55346 SUSAN D ALBEE C~ I ..,~',' ,- ~OBERT A & SHERI la BISHOP 6.871 NEZ PERCE DR ~'t~' ~ '' 825 PONDEROSA CHANHASSEN, MN 55317 -9209 %/~ ~ ' CHANHASSEN, MN 55317 HARLAN KOEHNEN 1830 KOEHNENCIR EXCELSIOR, MN 55331-9049 ROBERT F NASH SR & ROBERT F NASH J~ 855 LONE EAGLE RD CHANHASSEN, MN 55317-9417 IT/NIFRED PTNBOBECKMAN 686'5 NEZ PERCE DR ~SEN, MN 55317-9209 ROBERT A & SHERI la 825 PONDEROSA SHELBY A GAGNON & KEVIN C MANION 825 LONE EAGLE DR CHANHASSEN, MN 55317 DWIGHT &ALICE IMKER 810 PONDEROSA DR CHANHASSEN, MN 55317-9562 ROBERT A & SHERIL~~P 825 PONDERo~ C~~q~MN 55317 STATE OF MINNESOTA IN TRUST c/o C~RVER coum~ A~R.? · _ . ~-~.~ LEE J & DEBORAH R PILLATZKI 830 PONDEROSA DR CHANHAS~, MN 55317-9562 OWEN C & WENDY J OLSON 805 PONDEROSA DR CHANHASSEN, MN 55317 JAMES S TRETTEN 9934 199TH WAY LAKEVILLE, MN 55044 ROBERT C MACFARLANE 6850 YUMA DR CHANHAS~, MN 55317 MICHAEL J SHOBERG 834 LONE EAGLE RD CHANHASSEN, MN 55317-9417 JAMES S TRETTEN 9934 199TH WAY LAKEVILLE, MN 55044 ~:ii 32_0 P~ss u~ SCOTT R & ANITA B GRAVES 780 PREAKNESS ~N CHANHASSEN, MN 55317-9258 CHARLES R &CAROL L FOSTER 770 PREAKNESS LN CHANHASSEN, MN 55317 MICHAEL C & NANCY S MASON 829 WOODHILL DR CHANHASSEN, MN 55317-9561 WILLIAM JR & VIRGINIA STANDKE 825 WOODHILL DR CHANHASSEN, MN 55317-9561 LESLIE M MEDLEY & MARTHA J DUENOW MEDLEY 767 WOODHILL DR CHANHASSEN, MN 55317 CHARLES J & KRISTINE E WINUM 753 WOODHILL DR CHANHASSEN, MN 55317-9561 DA%rID P & TAMMYMWEILL 739 WOODHILL DR CHANHASS~, MN 55317-9561