1 Variance 3920 Leslee CurveCITY OF
PC DATE: June 4, 2002
CC DATE:
REVIEW DEADLINE: 7~2~02
~ A Rl~. ~- 9Clf')9-~l. Vari ~nae
STAFF
REPORT
Z
PROPOSAL:
LOCATION:
APPLICANT:
Request for a 7-foot side yard setback variance (3 foot gide setback) for the
expansion of a garage. ..
3920 Leslee Curve (Lot 3, Block 2, Pleasant Acres)
Knight Construction
2989 Watertower Place
Chanhassen, MN 55317
(952) 361-4949
Paul & Libby Scheele
3920 Leslee Curve
Excelsior, MN 55331
ttJ
PRESENT ZONING:
RSF, Single Family Residential
2020 LAND USE PLAN: Residential Low Density
ACREAGE:
0.39 acres (17,265 square feet)
DENSITY: NA
SUMMARY OF REQUEST: The applicant would like to extend the existing garage to the north so
that they can convert some interior space to a mudroom. The proposal would maintain the existing side
setback of the property. However, since the building is already nonconforming, and it does not meet the
required setback, a variance is required. .
Notice of this public hearing has been mailed to all property owners within 500 feel
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or
denying a variance is limited to whether or not the proposed project meets the standards in the Zoning
Ordinance for variance. The City has a relatively high level of discretion with a variance because of the
burden of proof is on the applicant to show that they meet the standards in the ordinance.
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Knight Construction (Scheele)
June 4, 2002
Page 2
APPLICABLE REGUATIONS
Section 20-72 (a) There shall be no expansion, intensification, replacement, structural change, or
relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the
nonconformity.
Section 20-72 ((b) Notwithstanding any other provision of this chapter, any detached single-family
dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or
expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is
nonconforming, no additions may be added to the nonconforming side of the building unless the
addition meets setback requirements.
Section 20-615 (5) requires a 10 foot side yard setback for properties zoned RSF.
BACKGROUND
On January 8, 1957, the Board of County Commissioners for Carver County approved the plat of
Pleasant Acres.
The city discovered the need for a variance when the property owner applied for a building permit to
extend the garage.
ANALYSIS
Staff has reviewed the case files for variances within 500 feet of the property. No side yard setback
variances have been approved in this area. On July 14, 1986, 10 foot front yard setback variances were
approved for the four twin home lots at the end of Linden Circle which back up to Highway 7 (Var. #86-
11). Staff has also reviewed the building permit files for all the homes on Leslee Curve to determine if
there are reduced setbacks for structures in the area. For all permit files with surveys, there are no
structures that do not meet the required setbacks.
The applicant is proposing the enlargement of the garage, extending it toward the front property line.
The end of the proposed extension would be 50 feet from the front property line and five feet from the
side property line. Where the garage expansion connects to the existing garage is 4.57 feet from the side
property line and the south end of the garage is 4.17 feet from the property line. Additionally, there is an
18 inch eave overhang extending out from the garage. City ordinance states "If a setback of a dwelling
is nonconforming, no additions may be added to the nonconforming side of the building unless the
addition meets setback requirements." Due to the orientation of the house to the lot line, the building
extension and lot line diverge. While the encroachment lessens as one moves farther north, the addition
does not comply with the side setback, nor does it lessen the nonconformity since the existing structure
remains.
Permitted Use
This site is zoned RSF, Single Family Residential. A single family home can be legally constructed
on the site. The zoning ordinance (Section 20-1124 (2) f) requires two parking spaces, both of which
Knight Construction (Scheele)
June 4, 2002
Page 3
shall be completely enclosed for single-family dwellings. Currently, a single family dwelling with
two covered parking spaces is present on the site.
Reasonable Use
The buildable area is quite large on this property. The house is set back 49.5 feet from the western
property line and 64 feet from Leslee Curve. However, the house has been constructed 4.18 feet from
the east property line and 24.86 feet from the south property line. The required setbacks are 30 feet
from the front and rear property lines and 10 feet from the side property lines. Unfortunately, it is
only due to the siting of the house on the property, rather than any physical constraints of the property
that the variance is necessary.
The required setbacks do not limit the buildable area making it impossible to construct a garage
without a variance. The property owner has the opportunity to make a reasonable use of the site
without any variances. A reasonable use is defined as the use made by a majority of comparable
property within 500 feet. A "use" can be defined as "the purpose or activity for which land or
buildings are designed, arranged or intended or for which land or buildings are occupied or
maintained." 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 owner has a reasonable use of the property.
A variance is granted when a hardship is present. That is, the property owner cannot make a
reasonable use of the site without relief from the ordinance. In this instance, the owner could
construct a garage within the buildable area; however, they would be unable to extend the existing
garage without a variance due to the existing nonconformity of the setback.
Nonconfo~Tning Setback
The existing garage maintains a nonconforming 4.17 foot side yard setback. The zoning ordinance
pewnits a nonconforming structure to be maintained or repaired but only to 50 percent of its value. It
also states that a nonconformity shall not be increased. Specifically, the ordinance states ifa setback
of a dwelli~zg is nonco~fo~vning, no addition,s may be added to the nonconfo~w~ing side of the building
unless the addition meets setback requireme~ts. The proposed garage addition does not meet the
required 10 foot side yard setback and will expand the garage area at the nonconforming setback.
Due to the 18 inch overhang, the point at which the garage extension begins would be three (3) feet
from the side property line. Were-the variance to be granted, the building official has stated that any
projections (roof overhang) less than 3 feet from the property must be of one-hour fire resistive
construction.
Staff is recommending denial of the side yard setback variance based on the findings of the staff report.
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:
Knight Construction (Scheele)
June 4, 2002
Page 4
That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The literal enforcement of this chapter does not cause an undue hardship. The owner
has a reasonable use of the property. Approving a variance will increase the nonconformity of
the setback and depart downward from pre-existing standards.
bt
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which a petition for a variance is based are applicable to other
property within the same zoning classification. As staff has discussed, there are no prevailing
standards in the neighborhood, nor unique circumstances of the property, that would deny the
property owner a reasonable use of the property.
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 expansion of the garage will increase the value of the property, however, staff
does not believe that is the reason for the request.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The home was constructed prior to the city being incorporated, so the hardship is not
entirely self-created.
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 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.
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.
Knight Construction (Scheele)
June 4, 2002
Page 5
RECOMMENDATION
Staff recommends that Planning Commission adopt the following motion:
"The Chanhassen Planning Commission denies the requested seven-foot side yard setback variance (3
foot side yard setback) for the expansion of a garage based on the negative variance findings (a. and b.)
of the staff report."
Attachments
1. Development Review Application
2. Reduced Copy of Site Survey
3. Site Survey
4. Proposed Expansion
5. Letter from Gary Knight to City of Chanhassen
6. Memo fi'om Steve Torell to Bob Generous dated May 24, 2002
7. Public Hearing Notice and Mailing List
G:\plan\bg\development review\variance scheele
Rece'i ved: 4/30/02 8: 25PM.;
04/30/02 07'52 FAX 612 937 ~
612 937 5739 -> KNTGHT KTTCHEN & BATH;
CITY OF CI~ANHASSEN
Page 4
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
APPUCANT:
ADDRESS:
DEVELOPMENT REVIEW APPLICATION
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Vacation of ROW/Easements
/X~/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/SPR/VAC/VAR/WAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A llst of all property owners within 500 feet of the boundaries of the property must be included with the
application. ·
l~luildlng material samples must be submitted with site plan reviews.
'Twenty-six full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy of
t~a~l~._~.~, each plan sheet.
'* Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
Received: 4/30/02 8:25PM;
04/30/02 07:52 FAX 612 937 ~ ~9
612 937 5739 -> KNIGHT KITCHEN & BATH
CITY OF CHANHASSEN
Page 5
~oo5
']'OTAL ACREAGE
W'E'TLA/'~S PRESENT
]3RF-SENT ZONING
Ip, F_QUESTED ZONING
PR.ESE~IT ].AND USE DESIGNATION
]:~, QUF_STED LAND USE DESIGNATION
RF_ASON FOR THIS REQUEST
YES ~ NO
This application must be completed in full and be typewritten or cleady 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
De~ent ~ determine the specific ordinance and procedural requirements applicable to your application.
A deten'n~na'tion of completeness of the application shall be made within ten business days of application Submittal. A Written
x'~dce c~f applicat~n deficiencies shall be mailed to the applicant within ten business days of application.
'Th'~ 3s to cerqfy that ! am making application for the described action by the City and that I am responsible for complying with
'all City requirements with regard to this request. This 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 Owner's Duplicate Certificate of. Title, Abstract of Title or purchase agreement), or l am the authorized person to make
~his applica/~n and the fee owner has also signed this application.
I va'il keep myself informed of the deadlines for submission of matedal and the progress of this application. ! 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
-r'ne 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-~1or developme&t review. Development review shall be completed within 120 days unless additiona~ review
ex'tensi~s are approved by the applicant.
Si~ha/ure.~f Fee ~er ~
% P Fee Paid
Date
Date
Receipt No.
~ applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
not contacted, a copy of the report will be mailed to the applicant's address.
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City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Kitchen & Bath Showroom
2989 Watertower Place · Chanhassen, MN 55317
(952) 361-4949 · Fax (952) 361-4950
Variance of 3920 Lestee Curve
Knight Construction Design, Inc. is requesting a variance to extend the existing garage at 3920
Leslee Curve 14 feet on the front elevation for the purpose of adding a mudroom / laundry area. 4.5
feet versus 10 from the property, line.
The undue hardship is caused by the house being off centered on the lot and by the shape of the
house on the lot.
This addition is not increasing informality.
The granting of the variance would improve and not be detrimental in the neighborhood.
Granting of the variance will fall within the guidelines of the existing neighborhood and will not
increase the informality
The purpose of the variance is for the sole increased usability of the property. No self-hardship has
been created.
Granting of the variance will no be detrimental to this neighborhood, but will only help improve
curb appeal for all with the proposed architectural plan submitted with this application.
The granting of the variance will have no effect on adjacent property owners.
:,;-,x', c:o--'c',_.-,,-, .'- ' .~ ~/'-" ~ :'k '/.._3 :4- I ", L'.._5
Sinc.e, rely,
Gaw Knight
Knight Construction Design, Inc.
License #20022883 · Bonded · Insured
WELL DONE is Better Than Well Said
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Bob Generous, Senior Planner
Steven Torell, Building Official
May 24, 2002
Review of variance request for a 7 foot side yard setback variance
For the expansion of a garage at 3920 Leslee Curve
Planning Case: 2002-4 VAR
I have reviewed the above request for a variance. The following conditions would
be required:
1. Any projections ( roof overhang ) less than 3 feet from the property must be
of one-hour fire-resistive construction.
G/safety/st.memos/plan/variance/3920 Leslee Curve
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JUNE 4, 2002 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Variance for a Garage Expansion
APPLICANT:
LOCATION:
Knight Construction
3920 Leslee Curve
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Knight
Construction, is requesting a 7 foot side yard setback variance for expansion of a garage addition on
property zoned Residential Single Family and located at 3920 Leslee Curve (Paul & Libby Scheele).
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 Bob at 227-1131. 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 May 23, 2002.
Smooth Feed SheetsTM Use template for 5160®
GARY S KALLENBACH &
ROXIE S WELLMAN
3961 LINDEN CIR
EXCELSIOR MN 55331
CHERI L RILEY
3960 LINDEN CIR
EXCELSIOR
MN 55331
JOHN D & ELIZABETH W CHANDLER
536 DIVISION ST
EXCELSIOR MN 55331
DANA A NELSON
3967 LINDEN CIR
EXCELSIOR
MN 55331
MARIAN J PECK
3950 LINDEN CIR
EXCELSIOR
MN 55331
TODD J BENNETT
3931 LESLEE CRV
EXCELSIOR
MN 55331
STEVEN P & SHEILA A MCSHERRY
3951 LINDEN CIR
EXCELSIOR MN 55331
RICHARD E & BONNIE G LARSON
3940 LINDEN CIR
EXCELSIOR MN 55331
MOUNT OLIVET ROLLING ACRES
7200 ROLL, ING ACR PO BOX 220
EXCELSIOR MN 55331
MARTHA W HEIBERG
3941 LINDEN CIR
EXCELSIOR MN 55331
ARTHUR R & SUSAN C ORNELAS
6576 JOSHUA CIR
EXCELSIOR MN 55331
KELLY M MILLER
6590 JOSHUA CIR
EXCELSIOR
MN 55331
KENNETH M WICKLUND &
.,UNDREA S GOLAND
3970 LINDEN CIR
EXCELSIOR MN 55331
ALAN R & DIANE REUTELER
3930 LINDEN CIR
EXCELSIOR MN 55331
TOD E & SUSAN M SCHILLING
3911 LESLEE CRV
EXCELSIOR MN 55331
HARRY A & CItRISTINE A DRAHOS
3911 LINDEN CIR
EXCELSIOR MN 55331
PHILIP O & DEBRA J HANSON
4001 LESLEE CRV
EXCELSIOR MN 55331
PAUL R & CAROL M KARLSON
4031 LESLEE CRV
EXCELSIOR MN 55331
KAREN L NELSON
3931 LINDEN CIR
EXCELSIOR
MN 55331
BRUCE W & ANGELA K LEACH
3910 LINDEN CIR
EXCELSIOR MN 55331
TROY D & KELLY M KNEWTSON
3901 LESLEE CRV
EXCELSIOR MN 55331
THOMAS & LINDA L SANDER
3921 LINDEN CIR
EXCELSIOR MN 55331
MARK ORTNER
3920 LINDEN CIR
EXCELSIOR
MN 55331
DIANNE E BARTZ
3881 LESLEE CRV
EXCELSIOR
MN 55331
DAVID H & TRACY L LUNDQUIST
3969 LINDEN CIR
1EXCELSIOR MN 55331
INGRID B & KEVIN R HIGHLAND
4021 LESLEE CRV
EXCELSIOR MN 55331
CAROL RIDDLE
4000 LESLEE CRV
EXCELSIOR
MN 55331
TERRANCE L & KATHERINE A PICHA
3966 LINDEN CIR
EXCELSIOR MN 55331
RICHARD J DORSEY &
SUSAN K HAUN-DORSEY
3941 LESLEE CRV
EXCELSIOR MN 55331
STEPHEN E COBB JR &
JULIE A NILSSEN-COBB
4010 LESLEE CRV
EXCELSIOR MN 55331
Smooth Feed .SheetsTM Use template for 5!60®
DOUGLAS L & DENISE S FOOTE
3871 LESLIE CRV
EXCELSIOR MN 55331
LEONARD H & SELMA I HEIN
TRUSTEES OF TRUST
3930 LESLEE CRV
EXCELSIOR MN 55331
JODY MARIE CARLSON
4041 LESLEE CRV
EXCELSIOR MN 55331
PAUL R & ELIZABETH A SCHEELE
3920 LESLEE CRV
EXCELSIOR MN 55331
BRADLEY E & KAREN J \;QNRUDEN
3910 LESLEE CRV
EXCELSIOR ~IN 55331
BETTY A CARLSON
4020 LESLEE CRV
EXCELSIOR
MN 55331
CHARLES R & CYNTHIA ItULTNER
3900 LESLEE CRV
EXCELSIOR MN 55331
GREGORY J ERICKSON
RT 1 BOX 95
EXCELSIOR MN 55331
LYNN HAYES VANALLEN
3931 CRESTVIEW D
EXCELSIOR MN 55331
DAVID A JR & RHONDA J SCHOELL
3860 LESLEE CRV
EXCELSIOR MN 5533
GARY E & MARY A NUNNALLY
3921 CRESTVIEW D
EXCELSIOR MN 55331
STEVEN & LAURIE ERICKSON
3850 LESLEE CRV
EXCELSIOR MN 55331
GARY W & AMY BACHLER
3911 CRESTVIEW D
EXCELSIOR MN 55331
CRAIG R & MARY L COURTNEY
3901 CRESTVIEW D
EXCELSIOR MN 55331
VERNON R & JOAN D ISHAM
4030 LESLEE CRV
EXCELSIOR BiN 55331
DAN T & DEBRA AMENT
4010 CRESTVIEW D
EXCELSIOR MN 55331
RICHARD E BELLERT
6641 YiA. PLE DR
EXCELSIOR
MN 55331
MICHAEL DAVID KAMMERER &
CHRISTINA JUNE MONETTE
4000 CRESTVIEW D
EXCELSIOR MN 55331
MICHAEL R RYAN &
ELLEN J HEM-RYAN
3850 MAPLE CIR
EXCELSIOR
MN 55331
STEPHEN T & MARY E ALDRITT
3946 CRESTVIEW D
EXCELSIOR MN 55331
RICHARD & BEVERLEY KINSMAN
3920 CRESTVEIW D
EXCELSIOR MN 55331
JAY M & ANNE M CECKO
3910 CRESTVIEW D
EXCELSIOR MN 55331
THOMAS R & KAREN J ERDMANN
3900 CRESTVIEW D
EXCELSIOR MN 55331
PATRICK & PATRICIA FAUTH
4011 GLENDALE D~
EXCELSIOR MN 55331
ROGER A & JOANIE KNIGHT
4001 GLENDALE D~
EXCELSIOR MN 55331
JON P WITT &
MARIT SOLHEIM-WITT
3931 GLENDALE D~
EXCELSIOR MN 55331
RANDY J & LORNA HILL CUNLIFFE
3921 GLENDALE D~
EXCELSIOR MN 55331
CHARLES & MARY COLLEEN WEBER
3911 GLENDALE D}
EXCELSIOR MN 55331
JERRY L & KRISTIN L KORTGARD
3901 GLENDALE DY
EXCELSIOR MN 5533
ROBIN THOMPSON RUSH
3810 MAPLE CIR
EXCELSIOR MN 55331