2 Variance 8591 Tigua LaneCITY OF
PC DATE: July 16, 2002
CC DATE:
REVIEW DEADLINE: 8-13-02
CASE #: 2002-8 VAR
By: A1-Jaff
STAFF
REPORT
Z
PROPOSAL:
LOCATION:
APPLICANT:
Variance to Allow a Single Family Home Expansion to Encroach into the
Required Setback of Rice Marsh Lake
Tract B of Lot 1, Block 1, Rice Lake Manor (8591 Tigua Lane); East of
Tigua Lane and Southwest of Rice Marsh Lake
Gordon Schaeffer
8591 Tigua Lane
Chanhassen, MN 55317
(612) 805-4503
Ltl
PRESENT ZONING:
Single Family Residential District - RSF
2020 LAND USE PLAN: Low Density Residential
ACREAGE:
4.18 Acres 182,169.97 Square Feet
DENSITY:
0.23 Units Per Acre
SUMMARY OF REQUEST: The applicant is requesting a lakeshore setback variance from Rice
Marsh Lake. The lake is classified as "Natural Environment" and all structures must maintain
150 feet from the Ordinary High Water Mark (OHW) of the lake. The applicant is proposing a
setback of 125 feet from the OHW. Staff is recommending denial of the application. The new
construction is an intensification of a nonconforming existing situation. Staff is recommending
denial of the request. Notice of this public heating has been mailed to all property owners within
500 feet.
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
$chaeffer Variance
July 16, 2002
Page 2
level of discretion with a variance because the burden of p~oof is on the applicant to show that they
meet the standards in the ordinance.
BACKGROUND
On June 26, 1980, the City Council approved a subdivision of 39.8 acres into 8 single-family lots,
Rice Lake Manor.
Rice Lake Manor
Subdivision
On June 10, 1996, the City Council approved a metes and bounds subdivision to subdivide Lot 1,
Block 1, Rice Lake Manor, a 7.05-acre lot, into 2 single family parcels. Parcel A was made
available for future construction. Parcel B contains a single-family log home (subject property-
8591 Tigua Lane).
When the building permit for the existing house was submitted for approval in 1982, the survey
showed the structure located 12 feet from the rear property line (an after the fact variance was
granted for the rear yard setback), 80 feet from the edge of the wetland surrounding Rice Marsh
Lake, and 150+ feet from the shoreline of the lake (a setback is measured from the OHW and not
from the shoreline of a lake). The zoning ordinance requires a minimum rear yard setback of
$chaeffer Variance
July 16, 2002
Page 3
30 feet and a shoreline setback of 150 feet. We speculate that as a result of an oversight, the permit
was issued and the house was built.
Proposed
Addition
Approximately two months ago, staff began meeting with the current owner regarding an addition
to the existing house in the direction facing the lake. His main reasons for the request are first, the
current orientation of the house will face future Highway 212/312 and the applicant wishes to
reorient the house to face the lake. Second, the direction facing the lake has three windows and the
applicant wishes to increase the window space. Third, the current north facing elevation will need
to be redone for structural reasons, and the applicant wished to take the opportunity to create a
space that better meets his needs.
The first step in the process was to locate the actual distance between the existing structure and the
OHW of Rice Marsh Lake. The applicant hired a registered land surveyor who determined that the
actual distance was 139 feet and that the distance between the structure and the current shoreline
was 186 feet. Staff explained the fact that setbacks are measured from the OHW of a lake and that
this elevation is established by the Department of Natural Resources. Staff needs to note that we
$chaeffer Variance
july 16, 2002
Page 4
believe the home is located closer than 139 feet and when we measure the scaled drawings
submitted by the applicant, we calculate a 90-foot setback from the OHW. We agreed that
reorienting the house to face the lake rather than the future highway was an improvement and staff
sympathizes with the applicant; however, the applicant has reasonable use of the property.
PROPOSAL
The applicant is requesting a shoreline setback variance that would allow an existing
nonconforming structure to maintain a 125-foot setback. The ordinance requires a shoreline
setback of 150 feet. In order to allow the expansion of the home, a lakeshore setback variance must
be granted. Variances are granted on a hardship basis. The parcel is relatively large when
compared to standard single-family lots and it is unfortunate that the house was situated in its
present location. The majority of the existing single family home is located within the 150-foot
lakeshore setback. Expanding the house to the south is possible; however, it will not accommodate
the applicant's objective of reorienting the house to face away from future Highway 212/312.
The applicant has indicated that a number of the homes within the subdivision are located closer
than 150 feet from the OHW of the lake and have homes that are oriented towards the lake
(windows facing the lake). Again, we sympathize with the applicant; however, approving this
request will result in the intensification of a nonconforming situation.
FINDINGS
The Planning Commission shall not grant a variance unless they find the following facts:
ao
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
smroundings, 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 in developed neighborhoods pre-existing
standards exist. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
The site contains a single family home. This home is mainly within the required
lakeshore setback. 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.
$chaeffer Variance
July 16, 2002
Page 5
Staff is also required to examine the area within 500 feet. Based on an aerial
photograph, there are other homes that encroach into the required setback of the lake.
bo
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
· The conditions upon which a petition for a variance is based are applicable to other
property within the same zoning classification. There have been some homes that were
built over the last 4 years. All of these homes meet required setbacks. There are other
homes that do encroach into required setbacks.
Co
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
· The expansion of the home 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.
· The location of the home and the fact that it was approved as proposed, contributes
to the fact that this home cannot be expanded toward the lake. Future Highway
212/312 is proposed to be constructed at a close distance to the subject home;
however, the plans for the highway were in place prior to the construction of the
home. The hardship in this case is not self-created.
e.
The granting of the variance will not be detrimental to the public welfare of injurious to
other land or improvements in the neighborhood in which the parcel is located.
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 increases the danger
of fire or endanger the public safety or substantially diminish or impair property values
within 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
$chaeffer Variance
July 16, 2002
Page 6
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission denies the requested 25 foot variance allowing a
structure to encroach into a lakeshore setback for the expansion of a home based on the negative
variance findings (a.) in the staff report."
ATTACHMENTS
.
Application and letter from applicant.
Public heating and property owners list.
Site Plan.
g:\planXsaXschae fret.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
ADDRESS: ~ ~ el
TELEPHONE(Daytime)
OWNER: ~z. d' ,~
ADDRESS: ~,. ~
TELEPHONE: ~',., ~
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Temporary Sales Permit
Vacation of ROW/Easements
',~ variance
Non-conforming Use Permit
Planned Unit Development*
Wetland Alteration Permit
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
~' __ Sign Plan Review
Notification Sign
Site Plan Review*
Subdivision*
Escrow for Filing Fees/A~orney Cost**
($50 CU P/S P R/VAC/VAR/WAPIMetes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of ali 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.
~l'wenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of
transparency for each plan sheet.
Escrow will be required for other applications through the development contract
:NDTE-When multiple applications are processed, the appropriate fee shall be charged for each application.
Variance AppliCation Form
Gordon Schaeffer: 8591 Tigua Lane, Chanhassen, MN 55317
1. Form: This form will address each Variance question: Specifically items 1-9.
2. Application Fee: $75 paid by Check on 6-15-02.
3. Property Owners: Owners are Gordon Schaeffer and Brenda Schaeffer.
(See property tax statement located in the Schaeffer's previous house additions file at city hall)
4. Location Map: Map on file with the city of Chanhassen. Mr. Schaeffer has additional maps upon
request. See file for previous permits.
5. List of property owners within 500 feet.
a. Tony and Shelly Greeves: 8581 Tigua Lane, Chanhassen, MN 55317
b. Paul Lyons: 8571 Tigua Lane, Chanhassen, MN 55317
6. Property adjacent to a lake/Property Owners:
a. Tony and Shelly Greeves: 8581 Tigua Lane, Chanhassen, MN 55317
b. Paul Lyons: 8571 Tigua Lane, Chanhassen, MN 55317
7. Plan: Submitted to city planner 6-11-02. Design by Thomas Whitcomb/Architect.
8. Written Description of Variance: With the development of 212/312 Gordon Schaeffer would like
to re-orient his house away from the proposed freeway and requests to build an addition on the.
north side of his home which faces Rice Marsh Lake. With the current wetland laws this addition
requires a variance because Mr. Schaeffer's home will be between 9 & 12 feet closer to the lake
depending on whether you measure from the existing deck (9 feet) or garage (12 feet) and will not
be in compliance with wetland set backs. With this variance the applicant wishes to redesign the
home which will reduce road noise, increase privacy and allow the home to be re-oriented with
desirable lake views. The new design would be a 35 x 18 foot addition that places the building
closer to the OHW. Currently the house is not in compliance measuring a setback of 141 or 139
feet (depending on side of house) from the 877 which is listed as the OHW or Ordinary High
Water Mark. The law states that for a wetland the house must be 150 feet from the OHW. In
1980 the City of Chanhassen has a milar map showing the water at 874.7 feet, not 877. (2.3 feet
lower that the DNR's current level) For the record, Mr. Schaeffer has a current survey showing
that his home is 186 feet from the highest water level on the north side of his property. FYI, water
level was measured this spring which is when levels are highest. (The approximate water level is
875 feet: see survey) What's also interesting is that the laws were the same in 1980 with 150-
foot setbacks and the builder, Jerry Hendrickson, says that the land was surveyed and all setback
requirements were made. He said the City of Chanhassen has all records to show the original
house was at least 150 feet back from the lake. Currently, no one has been able to find the original
house plans as of yet. In addition, Mr. Schaeffer has requested a new OHW measurement be
made by the DNR, unfortunately this process takes three years. Due to the above factors MR.
Schaeffer has requested a variance to build the proposed room additions.
9. How Request Complies with Variance Guideline:
a. Undue hardship:
i. House Orientation - With the development of 212/312 Mr. Schaeffer's home
will directly face the freeway. This new addition will re-orient the house with
desirable lake views. For the record, both immediate neighbors have their homes
facing Rice Marsh Lake with multiple lake views.
ii. Structural - The log foundation on the north side of the house is deteriorating
from woodpeckers, carpenter ants and lack of upkeep by the previous owner.
The log wall is actually concaving and the new addition would insure a secure
foundation for the house and solve this issue. The new room on the ground level
will be 2 to 4 feet underground to enhance the structure and naturally slope with
the landscaping.
iii. Noise Pollution - The room additions will be on the opposite side of the new
freeway. Windows and insulation for the new rooms will be sound proof. This
will be done to first protect the house from freeway road noise and second to
support Mr. Schaeffer's profession as a Musical producer and composer. The
new room on level one would be designed as a screening room for Mr.
Schaeffer's film and television work for PBS, IMAX and National Geographic.
b. Variance is not applicable to other properties: Because neighbor's homes are oriented to
the lake they would not require this particular variance.
c. Variance not designed to increase value: Yes, this will increase the value of the property,
however that is not a factor in this variance request. The variance would secure the
structure of the house, reduce noise pollution and increase the aesthetic value by having
lake views.
d. Hardship not self-created: Mr. Schaeffer had no control in the building orientation of the
house nor does he have any control on the development of the freeway. In addition, the
structural wall log is deteriorating from woodpeckers, carpenter ants and lack of upkeep
by the previous owner.
e. Variance detrimental to others: There is no evidence that this will have any negative
affect on others.
f. Variance will not impair supply of light or air etc.: Because of the private location of this
house and property there is no evidence that this variance will affect these issues
negatively.
FROH : THOMRS I.,.~'TCOH. B ARCHITECT PHONE 1'40, : 622 543 6r204 ..Tur~. 14 20E'f"2 EEJ:53RH P2
ff w A
Thomas Whitcomb Archi~
Thomas Wkitcomb, AIA
6741 Plymouth Avenue Nc)rrb
Golden Valley, !yEN 55427-4642
(763) 593-4985 Fax (763) 54.3~0204
JUNE 12, 2002
Plan.v. ing and Zoning~ City of Chanhassen, Mirmesota,
i am w~ting to you on benad of Gordon Schaei£er o1:8591 Tigua Lan~,
Chanhasmm. I rectm~y met with ,:him at his home ~a~d f~l_ked with him about b~
desire to add an. addition to the North side of fl-re existing tog home. A~er discussing
various design and plmming options, he went to the cltv and learned of the need to
apply for a var/ance in order to build closer to the lake had reorient the home in this
direction.
! would like to addre~ ~everal i~es related to this application from my
observations of the home. as well as my understanding (from Gordon) as to the
future impact of vets,' nearby highway development and comltraction.
The/tome was built roughly twenty year~ ago of tm,-go, douglas ~ log
~~cfion. S~ce ~t ~me, wonderers and ~nrex ~ ~ve cau~d hea~
d~e ~ ~ No~ w~l ~ ~ ~t ~ ~ my ~mafi~ ~y of dm 1~ in
t~s w~ ~11Mve to be repta~. ~e top log (at the ~ fl~r) is e~~y
hoUowed out ~d is su~~ng the k~g-~st of the maL~ r~f tress. Major
stmc~ral work w~ ~ n~c~~' here and reconstm~on ~f the log w~l as-is
wo~d leave ~e house es~ntiafly with its back turned on the hke view.
At the time the home was built, it was in a remote wooded setting at the and of a
long country road. As was t)'pical of early post-tO70's energy crisis thinking, the
layout of the home was with ntost room~ and windows facing south and with few
rooms and windows (in this case three small windows) facing North. This was fine
when ~his was rural and it faced a broad meadow to the South. The area has since
become much more developed and in fact in the near fu'ture, the meadow to the
South will be replaced by the new highway 212/312 construction, development and
noirm. Al~o, the ci~- i~ propo$~n$ an abandonment of the curren~ gravel driYeway
through the woods fi.om the West and replacing it with a new access Item the
FROM : ~HOHRS bJHITCOMB RR. CHI~EC.T PHONE HO, : 612 543 8284 J~q, 14 2082 L-~9:.53AH P3
pa~e 2
~Octt~ fur~c~r e~ ti~e .¢~out~ side of t_~e home to ~ .~ew deveJo?mer, t and
noise. Ali of this, wh/ch is beyond Gordons control, will potentially gr~tty reduce
the value of ~e home.
2'l~e th~ closest neighboring l~,~nes, which were '~t la~ ~
oriented to ~e No~ ~e'view ~d ~e ~us much ~ pvote~ ~om the
u~orseen ~pa~ of the ~way ~d its a~ated development. ~lowing
v~i~ce (to b~ld ~ ad~on to the North and ~orient the hou~ aw~y ~m the
~way ~d ~ ~e 1~) ~ ~low ~e hou~ to ~ live~le ~~ ~e n~- ~.~
of ~ ~te condition.
La~fly, a~ Mr. Schaeffet is a musical composer a.nd producer and works pr/marily
from h/$ home, it is critical t_hat he itave accoustical priva%,, e~c/ally from this
new hi/;hway. This new adct/t/on wovJd allow for ~is m~niy by way of location but
~lso through Sl~Clfic construction.
Any new construction here would be sen~five to the natrtro~l ~-ooded and
ial<e~ide set~/ng as ~vel! as compamble with ~e fir, cedar and gia.~ of the existing
home.
Tlmnkyou for your consider~o~ of these i~sues a~ you way the meMt of granting
F~s vat/an~.
Sincerely,
Thomas Whitcomb, AIA
FROM :
FRX NO,
: 952975~754
.,.Tun,
2002 09:35RM P2
TO: City of Chanhassen (Att: Sharmin)
FR: Gordy Schaeffer
RE: Variance (Neighbors Set Back)
DA: 6-17-02
I
Dear Shamfin,
Yesterday Tony Greaves (next door neighbor) and I measured the distm~ce to the actual
water from both his house (8581 Tigua Lane) and our muttml neighbor Paul Lyons (8571
Tigua Lane) so that we could compare both properties setback to the wetland to my
setback at 8591 Tigua Lane.
. ¢
What we discovered was that Tony's house was well beyond thc 150 foot set back from
the OHW of 877, however Paul Lyon's house was only 127.5 feet from the actual water
line and even closer to the OHW of 877. i wanted to provide this information because I
believe it supports my case for a variance seeing that my house was surceyed at 186 feet
from the actual water line. In addition, this further convinces me that the OHW
measurement from flxe DNR may not be accurate after all.
O,ce last item, if you think it is relevant please note that Tony Greaves house has over 30
windows facing the lake and Paul Lyons house has over 15 windows. These two houses
are within 500 feet of my property. In comparison, my house has 3 windows facing Rice
Marsh Lake.
Please include tlfis information in my varimace application form and in your report where
appropriate. If you have m~y questions regarding this measm'ement or any other issues
please contact me at 612-805-4503 or Tony Greaves at 952-937-5543. FYI, I'm
available either July 2nd or July 16th, please schedule me accordingly.
Wannest Regards,
Gordon Schaeffer
DAMAGED LOGS ON NORTH SIDE
This picture is a close up of the damaged structural logs by Ants, Woodpeckers etc.
OHW STAKE AT 877
The highlighted stake shows the '877 that is above the tree line.
SOUTH SIDE OF SCHAEFFER'S PROPERTY
This is a picture of the meadow that my house currently views. Freeway 212/312 is
planned to go through this field & may be as close as 150 feet from my property line.
SOUTH SIDE OF SCHAEFFER'S PROPERTY
This is a picture of the meadow that my house currently views. Freeway 212/312 is
planned to go through this field & may be as close as 150 feet from my property line.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JULY 16, 2002 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Variance for the APPLICANT: Gordon Schaeffer
Construction of an Addition
LOCATION: 8591 Tigua Lane
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Gordon
Schaeffer, is requesting variances from the lakeshore wetland setback for an addition on property zoned
Residential Single Family and located 8591 Tigua Lane.
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 Sharmeen at 227-1134. 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 July 3, 2002.
?
2 Marshland Trail
3 BLACKBIRE: CRT
~t~i~3/~~.. 4 Heartland Crt
5 MISSION W~Y HILL E
6 RICE CRT ~
7 MONK CRT'
8 Mayfield Court
£mooth Feed SheetsTM
Use ~emptate for 5160®
~EVERLY A FIEDLER
~521 TIGUA LN
2HANHASSEN MN
55317
SUNITA GANGOPADHYAY &
SHUBHAGAT GANGOPADHYAY
8571 MISSION HILLS LN
CHANHASSEN MN 55317
DEBBIE ANN DONOVAN &
SUSAN M DONOVAN
413 RICE CT
CHANHASSEN MN 55317
'OSEPH & GAYLE HAUTMAN
FRUSTEES OF TRUSTS
5551 TIGUA LN
_'HANHASSEN MN 55317
JAMES A & MARILYN L CRAWFORD
8581 MISSION HILLS LN
CHANHASSEN MN 55317
DAVID A KRAWCZAK &
CHRISTINE CASMER
417 RICE CT
CHANHASSEN MN
55317
7ITY OF CHANHASSEN
;/O 'Sharmeen
;700 MARKET BLVD PO BOX 147
?ttANttASSEN MN 55317
BRIAN M & DAWN M RODELL RILEY
8580 MISSION HILLS LN
CHANHASSEN MN 55317
SUSAN M HEINEMANN
421 RICE CT
CHANHASSEN MN
55317
iRIC L PETERSON
CATHERINE M WELCtt
;561 TIGUA LN
'ttANHASSEN MN
55317
KLINGELHUTZ DEVELOPMENT CO
350 HWY 212 E PO BOX 89
CHASKA MN 55318
BONNIE M HOGHAUG
425 RICE CT
CHANHASSEN MN
55317
'AL:I_ C LYONS
.571 ] IGU:\ LN
'il.-\N!IASSEN
\IN 55317
KLINGELtlUTZ DE\"ELOPMENT CO
_
350 HWY 212 E PO BOX 89
CtlASKA ~iN 55318
PATRICIA A ADAMS
429 RICE CT
CHANttASSEN MN
55317
)AVID T & CORP, INE :\ N:\GEL
· ;550 TIGUA LN
H_A: ]-tASSh, . NIN 55317
LUANN M NIARKGRAF
4O i RICE CT
CtlANttASSEN MN
55317
TANDEM PROPERTIES &
A & MJ KLINGELHUTZ TRUST
7808 CREEKRIDGE Cllqg310
MINNEAPOLIS MN 55439
5ORDON A & I3RENI)A .Xl SCI IAEFFER
;591 TIGUA LN
;11ANtlASSI£N iXlN 55317
K:\AREN S WOOD
418 RICE CT
Ct tANItASSEN MN
55317
KLINGELHUTZ DEVELOPMENT CO
350 HWY 212 E PO BOX 89
_
CHASKA - MN 55318
_A\VRENCE D & NANCY E STEIN
754 1 MISSION ItlLLS LN
q t:\NHASSEN MN 55317
RICttAaRD LEE PFROGNER
422 RICE CT
CttANttASSEN MN 55317
Rich Slagle
7411 Fawn Hill Road
Chanhassen, NN 55317
,~UI?,]' D & LYNNE MILLER
~590 TIGUA LN
'HANtlASSEN MN 55317
KAREN L BLENKER
405 RICE CT
CtlANtlASSEN MN
55317
:ICHARD K & THERESA A HESS
.561 MISSION ItlLLS LN
I tANttASSEN MN 55317
LARRY M & MARLENE R NASH
409 RICE CT
CttANHASSEN MN 55317
305.57'
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