2 Variance 6890 Navajo DriveCITY
PC DATE: 1/15/02
CC DATE:
REVIEW DEADLINE: 2/11/02
CASE #: Var 01-10
By: Grove
STAFF
REPORT
PROPOSAL:
Request for a 7.5 foot. variance from the 30 foot front yard setback, a 7 (or 9 foot)
variance from the 10 foot side yard setback, and a variance from the 25 percent
maximum impervious surface requirement for the construction of an attached
double garage.
LOCATION:
APPLICANT:
6890 Navajo Drive
Mark Nelson
6890 Navajo Drive
Chanhassen, MN 55317
PRESENT ZONING:
RSF, Single Family Residential
2020 LAND USE PLAN: Residential-Low Density
ACREAGE: 6000 square feet (0.14 acres)
DENSITY: NA
SUMMARY OF REQUEST: The applicant is proposing to construct a detached garage within the
front and side setbacks. The applicant is also proposing to pave the driveway, which would result in
more impervious surface than allowed by ordinance. The site does not currently have a garage and has a
gravel driveway.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretio, n in approving or
denying a variance is limited to whether or not the proposed project meets the standards in the Zoning
Ordinance for variance. The City has a relatively high level of discretion with a variance because of the
burden of proof is on the applicant to show that they meet the standards in the ordinance.
Nelson Variance
January 15, 2002
Page 2
APPLICABLE REGUATIONS
Section 20-615(5) a. states that structures shall maintain a 30-foot front yard setback on properties zoned
RSF.
Section 20-615(5) c. states that structures shall maintain a 10-foot side yard setback on properties zoned
RSF.
Section 20-615(4) states that the maximum lot coverage is 25 percent.
Section 20-905(2) d states that a two-car garage must be provided with the single-family structure.
Section 20-1122(c) states that driveways shall be surfaced with bituminous, concrete or other hard
surface material.
Section 20-1124(2) f. 1. states that single-family dwellings shall have two (2) enclosed parking spaces.
BACKGROUND
This property is located in Carver Beach, which was platted in 1927. According to City records, the
home on the site, which was originally a cabin, was also built in 1927. When platted, the lots were
generally 20 feet in width and 100 feet in depth (depending on the topography and physical features).
Although many of these lots have since been combined to accommodate single-family homes, the size,
shape and topography of the lots, makes constructing a home and garage that meets ordinance difficult
at times. Hence, many variances have been granted in this area. Without these variances, the owners
could not make a reasonable use of the property.
The applicant's property is a combination of 3 such lots resulting in one that is 60 x 100 feet (6000
square feet). At 6000 square feet, the applicant's property is small and substandard. The applicant
would like to construct an attached garage on the site. The variances are being requested because of the
small size of the lot. The City' s files do not indicate that a garage was ever present on the property.
Currently, vehicles are parked on a gravel drive on the side of the home.
ANALYSIS
The applicant is proposing to construct a garage addition attached to the south side of the house. Thus,
requiring variances from the front yard setback, side yard setback and maximum impervious surface
requirement. The applicant would like to build a second story over the proposed garage and front half of
the house to create more living space. If the second story is cost prohibitive, the applicant would add a
porch in front of the house that maintains the same setback as the proposed garage. The existing house
(1080 square feet) is located 21 feet from the south (side yard) property line, 8 feet from the north (side
yard) property line and 32.5 feet from the front property line. A small 64 square foot shed is located on
the property where the proposed garage would be built. This shed is set 1.5 feet from the side property
line. It will be demolished prior to the construction of the garage. The remainder of the site is
relatively flat.
Nelson Variance
January 15, 2002
Page 3
Front yard variance
The proposed garage extends 6 feet beyond the existing house, and maintains a 32.5-foot front yard
setback. The ordinance requires a 30-foot setback. There is a discrepancy between the required
variance and the applicant's request. The applicant requested a 7.5-foot variance, however to meet the
30-foot front yard setback only a 3.5-foot variance is needed. Staff investigated the option of shifting
the garage 3.5 feet to the meet the required 30-foot front yard setback and eliminate the front yard
setback variance. However, the applicant has indicated that this placement is necessary so that the
garage addition will not obstruct the current and only kitchen windows (see pictures below). In
addition, moving the garage forward will decrease the amount of impervious surface on the lot.
Impervious Surface Variance & Side Yard Setback
Over the past several months the applicant has been in contact with staff to discuss plans for a garage
addition. The applicant originally wanted to construct an 18 x 22 foot garage addition and leave the
driveway gravel so that an impervious surface variance would not be required. On November 13, 2001,
the City adopted a new driveway ordinance that requires all driveways in the Metropolitan Urban
Services Area to be surfaced with bituminous, concrete or other acceptable hard surface material. Thus
a variance from the impervious surface requirement is necessary should any structure be permitted. The
lot in question is 6000 square feet. The ordinance allows a maximum hard surface coverage of 25% or
1500 square feet. The existing home is 1080 square feet (18%), leaving 420 square feet (or 7%) for
impervious surface coverage.
Since a variance from the impervious surface requirement is now being requested, the applicant has also
requested to be "able to construct a larger 20 x 24 foot garage vs. a 18 x 22 foot garage, so that two cars
would fit correctly in the garage."
Alternatives
Staff examined three alternatives in an attempt to look at the relationship of the garage size and
ordinance requirements. Alternative 1 considers the construction of a 12 x 22 foot single car garage;
Alternative 2, the original request an 18 x 22 foot two car garage; and Alternative 3 considers the larger
20 x 24 foot two car garage. All three alternatives would require variances from the front yard, side yard
and maximum impervious surface requirements. The amounts of variances needed increase with each
alternative. See Table 1.
Nelson Variance
January 15, 2002
Page 4
Table 1
Alternative 1 Alternative 2 Alternative 3 Ordinance
Garage size 12 x 22 Garage 18 x 22 Garage 20 x 24 Garage Two car
(264 sq ft) (396 sq ft) (480 sq ft)
Driveway size 16' x 26.5' 18' x 26.5' 19' x 26.5' Paved
(424sq ft) (477 sq ft) (503 sq ft)
Max. % Lot Coverage 29% 32% 34% 25 %
Side Setback 8 feet 3 feet 1 foot 10 feet
Front Setback 26.5 feet 26.5 feet 24.5 feet 30 feet
Constructing a garage that meets all zoning requirements would be impossible on this site. Staff had
a difficult time with this request. Looking strictly at this site, it appears that a single car garage would
be a logical fit, as it requires the least amount of variances. Staff, however, believes that it is
necessary to consider the neighborhood within which this lot is located. Carver Beach is one of the
oldest residential developments in the city. Many of the lots in this area are small, or have
topographical features that limit the placement of structures on the property. As a result, several lots
do not meet ordinance setbacks. 'For example, the lot abutting the applicant's rear property line has a
garage placed next to the property line. In the 1990's alone, the City granted at least 15 variances
from the zoning ordinance in Carver Beach. It is not uncommon for structures to be placed close to
lot lines.
Staff considered different options for the driveway surface. Would it be more beneficial to leave the
driveway gravel and grant a variance from the driveway ordinance or would it be better to grant a
variance from the impervious surface requirement and pave the driveway. Gravel driveways do
infiltrate water, however the amount is minimized when compacted. With a hard surfaced driveway
there is no infiltration, but there is also no runoff of gravel pebbles and silt. Staff concluded that it is
a give or take situation with either option. Therefore, in an effort to be consistent with the ordinance
requirements, staff recommends that the driveway be paved and that a variance from the impervious
surface requirement be granted. The applicant has proposed a driveway of 20 x 25.5 feet. Staff does
not believe a driveway of this size is necessary. Staff recommends decreasing the driveway width to 18
feet and leave a 3-foot setback from the side lot line. This would also decrease the amount of
impervious surface area. According to Ordinance No. 330, an encroachment agreement will be required
as the driveway is within 5 feet of the side yard property line.
The applicant has requested either an 18 x 22 foot garage or a 20 x 24 foot garage. The closest structure
on the neighboring property is approximately 45 feet from this side lot line. Two tall pine trees are
approximately 4 feet from this lot line. A garage that is 24 feet deep would increase the variance to the
front yard setback by 2 feet. An 18-foot garage would leave a 3-foot side yard setback, which would be
more ideal for drainage purposes than a 1-foot setback. The setback for this size garage is 26 feet. In
the past, the city has permitted 25-foot front yard setbacks for residential lots. For example, the
subdivision north of Lotus Lake, Near Mountain, was given a 25-foot front yard setback. In this case
staff believes a 26-foot front yard setback is more reasonable than a 24 foot setback.
Nelson Variance
January 15, 2002
Page 5
A typical two-car garage is approximately 20 to 22 feet in width and 22 feet in length. An 18 x 22
foot is a small garage, but can fit two cars. This would still allow a reasonable use of the property. It
also fits with the neighboring garages, which range from 12 feet to 24 feet in width.
Reasonable Use
A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A
"use" can be defined as "the purpose or activity for which land or buildings are designed, arranged or
intended or for which land or buildings are occupied or maintained." In this case, because it is in a
RSF zoning district, a reasonable use is a single-family home with a two-stall garage. The property
owner currently does not have a reasonable use of the site.
The owner does not have a reasonable use of the property, since a garage is not present. Without
variances, the property owner may be denied a reasonable use.
Given the circumstances, staff is recommending approval of Alternative 2. While this is a small
addition, two cars can fit into an 18 x 22 foot garage. Furthermore, it is proportionate to the site.
This alternative will allow the applicant to have a reasonable use of the site, still allow light and air
into the kitchen windows of the home, have a side setback adequate for drainage purposes, and limit
the potential for runoff.
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 property cannot be put to a reasonable use because of its size. The proposed
detached garage would be a comparable use to the surrounding neighborhood. It is a hardship to
be without a garage.
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 majority of RSF zoned properties have at least a 2-stall attached garage located
within the required setbacks. When platted, Carver Beach had very small lots. As a result,
today many structures do not meet required setbacks.
Nelson Variance
January 15, 2002
Page 6
Co
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 is to allow the property to be put to a reasonable use.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The non-conforming lot width and size created the hardship.
eo
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 neighborhood. The closest structure on the
south side of the lot is approximately 45 feet away. Several properties within Carver Beach are
located within the required setbacks. The adjacent property to the west has a garage situated V2 a
foot from the property line.
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 property values within the
neighborhood
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission approves the request for a 3.5 foot variance from the 30 foot front yard
setback, the 7 foot variance from the 10 foot side yard setback and a 7 percent variance from the 25
percent maximum impervious surface requirement for the construction of a detached garage based
upon the plans received December 13, 2001, and subject the following conditions:
Il
.
.
The driveway must be hard-surfaced, as per Ordinance #330.
Decrease the driveway width to 18-feet. This would decrease the amount of impervious area,
match the width of the proposed garage, and leave a 3-foot setback area from the side lot line
for drainage, grading, etc.
Show all proposed and existing contour lines.
Any off-site grading will require temporary grading easements.
Since the driveway is setback less than 5 feet from the side property line, the applicant shall
obtain an encroachment agreement from the city.
There shall be no encroachments, including eaves or overhangs, into the new setbacks.
A building pe~Tnit must be obtained before beginning any construction.
Nelson Variance
January 15, 2002
Page 7
o
,
10.
Any portion of the structure less than three feet from the property line must be of one-hour
fire-resistive construction.
The location of the retaining wall may indicate that there are fill soils in the area where the
garage will be constructed, a soil investigation may be required.
Contact the building department for demolition permit requirements.
Attachments
o
2.
3.
4.
5.
6.
Application and letter
Relevant portions of zoning ordinance
Site plan and garage elevations
Memo from Matt S aam, dated December 27,2001
Memo from Steve Torell, dated December 27, 2001
Public Hearing Notice
g:\plan\jh\proj ects\variance'melson01 - 10.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
/~! ·
/
DEVELOPMENT REVIEW APPLICATION
~PPL1CANT:
ADDRESS:
'TELEPHONE (Day time)
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Temporary Sales Permit
Vacation of ROW/Easements
variance
Wetland Alteration Permit
Zoning Appeal
. Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review* X,
Subdivision*
Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRNACNAR/WAPIMetes
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-an8~,~tLX~11'~ reduced.copy-of
..tran-Sparency of SY'each plan sheet,
** Escrow'wilfbe'required for other applicati0ns~,through thedevel0~i:iment contract
1,,IOTE-When multiple applications are processed, the appropriate fee shall be charged for each application.
3_EGAL'DESCRIPTION 5'~c--'[L - O[ -F ~ ~ 1 /
'3'OTAL ACREAGE
~,"E"/3_.ANDS PRESENT
PRESENT.ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
7:~EQUESTED LAND USE DESIGNATION
YES ,~'~ NO
'This appTicat~on 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
Depar~ent to determine the specific ordinance and procedural requirements applicable to your application.
A determination o~ completeness of the application shall be made within ten business days of application submittal. A Written
no~ice of application deficiencies shall be mailed to the applicant within ten business days of application.
'Th~'s is to cert'ffy that 1 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 applica!ion should be processed in my name and I am the party whom
1he City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of. Title, Abstract of Title or purchase agreement), or I am the authorized person to make
~is application and the fee owner has also signed this application.
I ~'11 keep myserf 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
rn.v kx~owledge.
-The c'ity heret:>y 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
exter',sions are al>proved by the applicant.
re of Applicant
Date
Signature ef Fee Owner
Applis~ztion Received on
Date
Fee Paid ~ rT,~ ~ Receipt No.
"The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
~fnot contacted, a copy of the report will be mailed to the applicant's address.
8. Written of description of the variance(s) requested.
A. Side yard set back variance of 7 feet
B. Front yard set back variance of 7.5 feet
C. Green space variance of 8.5% over the 25% to comply with the solid surface
ordinance for driveways.
A. The requested variance is based on the size of the lot and the need for a suitable garage space
for parking one to two cars h~side it. The City ordinance side yard and the front yard setback
restrict any type of structure within Section 20-58. The current lot at 6890 Navajo Drive was
divided in the 1920's with property lines of 60 feet wide by 100 feet deep, creating a
substandard lot. The existing structure covers 30 ft by 36 ft. and takes up 1080 square out of
the 6000 square feet available.
The proposed garage will sit on the south side of the house in front of the current driveway,
and will cover an area of 18 feet by 22 feet, occup54ng 396 square feet. The side yard is 21 feet
from the house to the property line. The variance of 7 feet will be needed for the side yard
setback. The nearest building to the property line is a garage, at 45 feet. A tall pine tree is also
4 feet from tlfis line.
B.The proposed garage will extend beyond the from of the house by six feet (See drawings) and
a variance of 7.5 feet is needed for the front yard set back ordinance (current front yard
setback is 32.5 feet). The location of the garage and its relationship to the house is set so that it
will not obstruct the current kitchen windows (onl~y two windows are removed by this design).
C. I am submitting a green space variance for a concrete driveway of 20 feet by 25.5 feet to
comply with the hard surface driveway ordinance.
If a variance is granted for the green space coverage, I would request that I be able to construct
a larger 20' by 24' garage, so two cars would fit correctly in the garage. If the variance of the
green space coverage is given to comply ~Sth the driveway ordinance, then I would request the
additional space for the garage as well.
To make use of the extension of the garage in front of the house, a six foot porch will be
integrated, and run the width (30 feet) of the current structure.
A second story over the garage and front half of the house will create more living space and
during this construction the rest of the home will be upgraded x~.Sth wSndows, insulation,
roofing, and siding, all within the requested defined variance needed.
9. Written Justification '
My property is 60 feet wide and 100 feet long creating an area smaller than 1host of the
properties within 500 feet of mine. The house itself sits 8 feet from the northern boundary
which is two feet from the standard side yard set back. The southern side of the house is
twenty-one feet from the property line. This request for a variance pursuant to section 20-58
complies with every aspect as it is outlined.
This property was built as a cabin in the 1920's and has undergone a number of remodeling
projects before I purchased it in 1987. A garage has not been added to this property because
the size of the lot limits the size of the garage.
a. The property cannot be put to reasonable use because of its use as compared to other
properties surrounding it.
b. A majority of the properties of the same zoning classification are not subject to the
same conditions. They were parceled out with more lots per property.
c. In this area of the city and country a garage is a necessity.
d. The improvement of this property will not effect my neighbor in any way. His
nearest building is a two-car garage and it is forty-five feet away.
e. The property will increase the values of those who are permanent residents, f. The
garage to the south of the proposed structure is 45 feet from the lot line and will be
unaffected in any way that would inadequately block light or air.
This addition will maintain the values of the neighborhood.
§ 20-615 CHANHASSEN CITY CODE
illustrated below.
Lott Wh.re Frontlge I~
H~=~ured At 8etb~=k Une
(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.
Neck I Fllg I.~ts
Fron': Lot Line
lO0/Lot
i I ~ 1
Width I I
t I I I
L._._I_ ..j
(4) The mazdmum 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.
(Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90;
Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95)
Editor's note--Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to
accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend-
ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included
as amending § 20-615(7)b.
Sec. 20-616. Interim uses.
The following are interim uses in the "RSF" District:
(1) Private stables subject to provisions of chapter 5, article IV.
(2) Commercial stables with a minimum lot size of five (5) acres.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20.617--20-630. Reserved.
ARTICLE XIII. '~R.4" MIXED LOW DENSITY RESIDENTIAL DISTRICT
Sec. 20-631. Intent.
The intent of the "R-4" District is to provide for single-family and attached residential
development at a maximum net density of four (4) dwelling units per acre.
(Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86)
Sec. 20-632. Permitted uses.
The following uses are permitted in an "R-4" District:
(1) Single-family dwellings.
(2) Two-family dwellings.
Supp. No. 9 1213
§ 20-904
CHANHASSEN CITY CODE
b. One hundred forty-one (141) to three hundred ninety-nine (399) square feet,
minimum 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
of any rear yard.
(c) For parcels with less than three (3) acres in any residential or agricultural district, no
accessory 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
within 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 fifty (1,050) square feet.
c. If a 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.
(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.
Supp. No. 9 1232.8
CITY OF CHANHASSEN
CARVER ANT) FIENNEPD4 COUNTIES, MENN'ESOTA
ORDENANCE NO. 330
AaN ORDL%'ANCE AMENDENG CHAPTER 20 OF THE
' CFL&N~L'A. SSEN CITY CODE, THE CITY'S ZONENG ORDtNA~N'CE
CITY COU~'C]J_. OF THE CITY OF CFLMNFL4SSEN ORDAEN'S'
Section !. Section 20-I 122 of the Chanhassen City Code is hereby amended as follows'
Sec. 20-1122. Access and Driveways.
The purpose of this subsection is to provide minimum design criteria, setback and slope standards for
vehicular use. The intent is :o reduce interference with drainage and utility easements by providing
setback standards' reduce erosion by = '-' ~
r,~qm,m, a hard surface for ail driveways' to limit the number of
driveway access points to public streets and to direct drainage toward the street ,,'ia establishment of
minimum driveway slope standards. Parking and loading spaces shall have proper access from a public
right-of-way The number and width of access drives shall be iocateci to minimize traffic congestion and
abnormal traffic hazard. All driveways shail meet the following criteria:
Driveways shall be setback at least 5 feet from the side property lines, beginning at 20
feet from the front yard setback unless an encroachment a~reement is ~'=' '
~. r,.,.,.l~ed from the
city.
Driveway g-rades shall be a minimum of 0.55, and a maximum grade of 10%, at an>' point
in the driveway.
In areas located within the Metropolitan Urban Services Area (MUSA) as identified on
the Comprehensive Plan, driveways shall be surfaced with bituminous, concrete or other
hard surface material, as approved by the City Engineer. In areas outside the MUSA,
driveways shall be surfaced from the intersection of the road through the right-of-way
portion of the driveway with bituminous, concrete or other hard surface material, as
approved by the City Engineer.
On comer lots, the minimum comer clearance from the roadw'ay right-of-way line shall
be at least 30 feet to the edge of the driveway.
For A-2, RSF, and R-4 residential uses, the width of the driveway access shall not exceed
24 feet at the right-of-way line. No portion of the right-of-way may be paved except that
portion used for the driveway. Inside the property line of the site, the maximum
driveway width shall not exceed 36 feet. The minimum driveway width shall not be tess
than 10 feet.
For all other uses, the width of the driveway access shall not exceed 36 feet in width
measured at the roadway right-of-way line. No portion of the right-of-way may be paved
except that portion used for the driveway.
Driveway setbacks may be reduced subject to the following criteria:
1. The driveway ,,,,'ill not interfere with any existing easement; and
2. Shall require an easement encroachment a~eement from the Engineering
Department; and
3. The location of the driveway must be approved by the City Engineer to ensure that it
will not cause runoff onto adjacent properties.
h. One driveway access is allowed from a single residential lot to the street.
A turnaround is required on a driveway entering onto a state highway, county road or
collector roadway as desig, nated in the comprehensive plan. and onto city streets where
this is deemed necessary by the City Engineer, based on traffic counts, sight distances,
street ~ades, or other relevant factors. If the engineer requires a turnaround, this
requirement will be stated on the building permit.
Separate driveways serving utility facilities are perrnitted.
Section "~ This ordinance shall be ~ ';
_. ~l~ec,,ve immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 13t~ day of November,
2001.
ATTEST:
T~dd Gerhardt, City Manager
Linda C. Jansen. Mav, r
, '7
(Published in the Chanhassen Villager on December 6, 2001.)
§ 20-1124 CHANHASSEN CITY CODE
f. Dwelling:
1. Single-family--~lRvo (2) parking spaces, both of which must be completely
enclosed. No garage shall be converted into living space unless other
acceptable on-site parking space is provided.
2. Development in R-4, R-8, R-12 and R-16 Districts:
(a) [In R-4, R-8, R-12 Districts,] efficiency units--T~vo (2) stalls, one (1) of
which must be completely enclosed in a garage.
(b) [In R-4, R-8, R-12 Districts,] one-bedroom and larger units--Two (2)
stalls, one and one-half (11/2) which must be completely enclosed in a
garage.
(c) In the R-16 District requirements are as follows:
(i) One (1) enclosed stall per dwelling. All enclosed stalls must be.
located in an underground garage structure.
(ii) One (1) exterior stall per dwelling.
(iii) One-quarter visitor stall per dwelling.
3. Garage stalls for multifamily buildings containing more than twenty (20)
dwellings must be placed underground or attached to the primary structure.
The city may allow freestanding garage stalls only when the applicant
demonstrates that the architectural design of the building results in an
inability to accommodate all the stalls under the building and when the
majority of this requirement is met with underground parking.
4. In multifamily rental buildings, the use of at least one (1) enclosed stall
shall be included in the lease or rental rate of each apartment. In
multi£amily owner-occupied buildings at least one (1) enclosed stall shall be
included in the sales price of each home.
5. The city may apply a decreased parking requirement for senior/housing
projects or other residences which, by their nature, should generate de-
creased parking demands.
6. One (1) visitor parking stall shall be provided £or each four (4) dwellings.
g. Financial institution--One (1) space for each two hundred fifty (250) square feet
of floor space.
h. Furniture or appliance store--One (1) space for each four hundred (400) feet of
floor space.
i. Hospitals and nursing homes--One (1) space for every two (90 beds, plus one (1)
space for every two (2) employees on the largest single shift.
Manufacturing or processing plant--One (1) off-street parking space for each
employee on the major shift and one (1) off-street parking space for each motor
vehicle when customarily kept on the premises.
Supp. No. 12 1250.2
FRANK R. CARDARELLE Land Surveyor, Inc.
(612) 941-3031 6440 Flying Cloud Drive
Land Sunveyor
Eden Praide, MN 55344
Survey For
Certificate of Survey
a r k N e ] s o n Book Page
6890 NAVAJO DRIVE
File 4622
Scale-
Denotes
1" : 20.'
Iron Mon. Found
6arver Beach Carver
s~~m.~ ~, 18th d~ Sept
Lots 3067 -3068 an.d/~3'0'O59 /"_~
Tr
O~4L
Proposed Drain 'file ,
Property Line 60 ft
'-~-L~¥. 89~'15 '-..'"ELEV. 893.2
"- North
·
Tree
32'-0"~o~.
Retaining Wall
~ ELE~V.-.896-6 ........... 30.5,
· ~: ,x ELE-~. 897.5
Elevation
Second Floor
Elevation back Wall Elev
Re-direct Gas Lire \
Tree ' ""
o ............18'
~, Proposed
, Garage
--ELEV. 897.5
· ,- Tree Elevation
~ lot 3068
n- 20'--0"
ELE¥. 897.7
.--
~. Navajo Drive
Finished Floor Elev.-
Main level 1080 Sq. Ft.
.... 8.1'_
6-0i 897 8 6'-0
Suppo~
foundations =
-
lot 30~g lot 30~7
........... 20' ~0~ 27 - 0"~
~'rope~ ly Line 60 II
City Easement 10 ft
.,ELEV. 894.5
Tree
Tree
Elev. 899.1
Elev.~ =899.1
o MH BM 0+ 900.0
Mark Nelson's Proposed Addition at 6890 Navajo Drive
Carver Beach Lots 3067, 3068, 3069
Mark Nelson's Proposed Addition at 6890 Navajo Drive
Carver Beach Lots 3067, 3068, 3069
Single Story Plan
Basement
Main Floor
&
Garage
i~Toilet ~"
Sink "~
.........
22'-Y:',
'-,FOUNDATION
,-
Proposed
Garage addition ~ ,
Ridge '--
,,
3',IQy
16' -0 x 7'-00VHD DI~,
..... 'ii::iiiiii~;;iiiiiiiiti~~_IIj_ '
· , 18t4:t ........................
2'-6" Door
Garage addition
22'-~ Ridge '"'
2'-6" Door
16'-0 x 7'-00VHD DI~,
_:J ........................... , - '~L-I ...................
,/
....
Living Room
Porch
18'4'-, ....................... 15'-8" ................ 14' 4"
Existing Attic
18ft.__
window
22'-7'
,_
Water
Sewer
Electrical access to
Second Floor
proposed wal'k~in closet
__ __.3'.-__1~'___5',__4:.:__:~ "' !'
"
...... ,:--~-~--¢~---i~> 3/4 Bath
~ 14 '-4"
window ~ :
Ridge ~ ~
Proposed
Second Floor Addition
over garage Porch
window window window
........................... 18,4'-~ ............................30'-_O'L
,. ...... Second Floor Master Bedroom window
· .;: "-'
',;:~:~ .... 2'-6" Door .
Side Elevation (South side)
23 '-0"
Mark Nelson's Proposed Addition at 6890 Navajo Drive
Carver Beach Lots 3067, 3068, 3069
Second floor Layout
23'-(
Front EIv. (West side)
CITYOF
C HASSE
690 CiO, Ce, ret Ddve
PO Box 147
Chanhassen, Mi,,esota 55317
Phone
952. 937.1900
General Fax
952.937.5739
Engineering Department Fax
952.937.9152
&dldi,g Departme, t Fax'
952.934.2524
Web Site
u,ww. ci. d,a,hasse,, m,. us
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Julie Grove, Planner I
Saam, Project Engineer
Matt
December 27, 2001
Review of Variance Request for Mark Nelson
6890 Navajo Dr.- Variance File No. 2001-10
Upon review of the certificate of survey dated September 18', 2001 prepared by
Frank Cardarelle, I offer the following recommendations:
RECOMMENDED CONDITONS OF APPROVAL
o
.
o
.
The driveway must be hard-surfaced, as per Ordinance #330.
Decrease the driveway width to 18-feet. This would decrease the amount
of impervious area, match the width of the proposed garage, and leave a 3-
foot setback area from the side lot line for drainage, grading, etc.
Show all proposed and existing contour lines.
Any off-site grading will require temporary grading easements.
C:
Teresa Burgess, Director of Public Works/City Engineer
Dan Remer, Eng. Tech II
Mak Sweidan, Engineer
g:\enghnatth~nemosXstaff reportshnelson variance.doc
The Gn, of Chanhasse,. A erowi, e co,mm,in, with clea, lakes, aualin, schools, a cha~min.~ downtown, t/,'ivin~ businesses, and beautihd t~arks. A creat o~ce to live. work. a,d
TO:
FROM:
DATE:
SUB J:
Julie Grove, Planner I
Torell, Building Official~~)
Steven
~..~ /
December 27, 2001
Review of Variance Request: 6890 Navajo Drive
Planning Case: 2001-10 VAR
I have reviewed the above variance request. The following conditions would be
required:
1. A building permit must be obtained before beginning any construction.
2. Any portion of the structure less than three feet from the property line must
be of one-hour fire-resistive construction.
3. The location of the retaining wall may indicate that there are fill soils in the
area where the garage will be constructed, a soil investigation may be
required.
G/safety/st.memos/plan/6890 Navajo
OF PUBLIC HEARING O~,.L~
NOTICE
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JANUARY 15, 2002 AT 7:00 P.M.
L/
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Variances for Construction
of a Garage
APPLICANT: Mark Nelson
LOCATION: 6890 Navajo Drive
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Mark Nelson,
is requesting variances for the construction of a garage on property zoned RSF, Residential Single Family and
located at 6890 Navajo Drive.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Julie at 952-227-1132. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on January 3, 2002.
o
ROBERT IAN AMICK
581 FOX HILL DR
CHANHASSEN
MN
55317
MICHAEL O'KELLY
685 CARVER BEACH RD
CHANHASSEN MN
55317
JASON A & CINDY E BOLDENOW
6890 LOTUS TRL
CHANHASSEN MN 55317
DAVID W WORKMAN
745 CARVER BEACH RD
CHANHASSEN MN
55317
RICHARD E ROSSING
C/O MARGARET D ROSSING
130 CYGNET PL
LONG LAKE MN 55356
RICHARD E ROSSING
741 CARVER BEACH RD
CHANHASSEN MN
55317
WESLEY WALTER WESTERMANN
710 PONDEROSA DR
CHANHASSEN MN 55317
GILBERT W & SHERRY L SIEVERS
746 CARVER BEACH RD
CHANHASSEN MN 55317
PAUL R & CATHERINE M DOLS
730 CARVER BEACH RD
CHANHASSEN MN 55317
BRIAN J TIMM
6860 LOTUS TRL
CHANHASSEN
MN 55317
JANICE MARIE HAZELTON
740 CARVER BEACH RD
CHANHASSEN MN 55317
NATHAN M & AMY E FOX
710 CARVER BEACH RD
CHANHASSEN MN
55317
KURTIS J & MARY E ANDERSON
6870 LOTUS TRL
CHANHASSEN MN 55317
STEPHEN KENNEDY &
NANCY THURS
761 PONDEROSA DR
CHANHASSEN MN
55317
FELIX & MARGARET THOMPSON
6899 YUMA DR
CHANHASSEN MN 55317
JEFFREY T STERN
6901 YUMA DR
CHANHASSEN
MN 55317
JOSEPH T & JANICE S MORTON
6911 YUMA DR
CHANHASSEN MN 55317
CURTIS C & JUDITH N QUINER
725 PONDEROSA DR
CHANHASSEN MN 55317
MICHAEL L SODERQUIST
705 CARVER BEACH RD
CHANHASSEN MN
55317
DOUGLAS D & AMY D SUMNER
699 CARVER BEACH RD
CHANHASSEN MN 55317
JAMES R JR & ELLEN J CRANSTON
695 CARVER BEACH RD
CHANHASSEN MN 55317
JEFFREY L KLEINER
655 CARVER BEACH RD
CHANHASSEN MN
55317
RICHARD J WELLS
700 CARVER BEACH RD
CHANHASSEN MN
55317
JAMES W TALUS
8350 RED ROCK RD
EDEN PRAIRIE
MN 55344
MARK W & VALERIE NELSON
6890 NAVAJO DR
CHANHASSEN MN 55317
CLARENCE & FLORENCE KEEFER
PO BOX 192
CHANHASSEN MN 55317
ELLEN JANE CRANSTON
695 CARVER BEACH RD
CHANHASSEN MN
55317
DONALD D PETERSON
6896 NAVAJO DR
CHANHASSEN MN
55317
ROBERT PACIEZNIK
6891 NAVAJO DR
CHANHASSEN
MN 55317
JOHN D JR & LISA LENSEGRAV
ETAL
6880 LOTUS TRL
CHANHASSEN MN 55317
FRANK L & ANDREA L PATTERSON
600 BROKEN ARROW DR
CHANHASSEN MN 55317
RANDY SCHLUETER
580 FOX HILL DR
CHANHASSEN
MN 55317
LANA L MATSON-GALVIN &
JEFFREY D GALVIN
6893 NAVAJO DR
CHANHASSEN MN 55317
PATRICK T & DEBRA JO MCRAITH
6900 LOTUS TRL
CHANHASSEN MN 55317
STEVEN C & SHARON L ASH
671 BROKEN ARROW DR
CHANHASSEN MN 55317
CARVER BEACH PROPERTIES
CIO ADRIAN JOHNSON
332 2ND ST
EXCELSIOR MN 55331
JAMES V & MARY L FRERICH
651 BROKEN ARROW DR
CHANHASSEN MN 55317
STEVEN B MEZZENGA
33316 MEZZENGA LN
CROSSLAKE MN
56442
DANIEL & BARBARA SIEGEL
621 BROKEN ARROW DR
CHANHASSEN MN 55317
CRAIG & MARY E RHATIGAN
599 BROKEN ARROW DR
CHANHASSEN MN 55317
JAMES ¥ & MARY L FRERICH
651 BROKEN ARROW DR
CHANHASSEN MN 55317
KIRK N FRIEDLINE
620 FOX HILL DR
CHANHASSEN
MN 55317
RICKI LEE HALE &
DEEANN WALLENTINE-HALE
600 FOX HILL DR
CHANHASSEN MN 55317