1 Variance 7550 Frontier TrailCITY OF
PC DATE: August 13, 2002
CC DATE:
REVIEW DEADLINE: 9/14/02
CASE #_: ?.0_0_?.- U VarLartce
tly: An-g--ei t
/
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Request for a variance to the bluff ordinance to construct a single-family
residence.
7550 Frontier Trail (Lot 2, Block 1, Kolbinger Addition)
Charles Stinson
4733 Eastwood Rd.
Minnetonka, MN 55345
PRESENT ZONING:
RSF, Single Family Residential
2020 LAND USE PLAN: Residential Low Density
ACREAGE:
0.656 acres (28,575 square feet)
DENSITY: NA
SUMMARY OF REQUEST: The applicant requests to encroach into the required thirty (30) foot
bluff setback to construct a single-family home.
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 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.
a4
C~
$!on::)oJ i__
Stinson Variance
August 20, 2002
Page 2
APPLICABLE REGULATIONS
Section 20-1401 (a) Structures, including, but not limited to, principal buildings, decks, and accessory
buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top
of the bluff, the toe of the bluff, and the side of the bluff at least thirty (30) feet.
Section 20-615 The following minimum requirements shall be observed in an "RSF" District:
1. The minimum lot area is fifteen thousand (15,000) square feet.
2. The minimum lot frontage is ninety (90) feet.
3. The minimum lot depth is one hundred twenty-five (125) feet.
4. The maximum 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.
c. For side yards, ten (10) feet.
Section 20-1122 (b) Driveway grades shall be a minimum of one-half of one (0.5) percent and a
maximum grade of (10) percent at any point in the driveway.
BACKGROUND
The subject property was approved in 1984 as part of the Kolbinger Addition (two lot subdivision).
When the subdivision was approved this lot was determined to be a buildable lot. Since the bluff
ordinance was adopted in 1996 it has now made the lot unbuildable because a single family home
would not be able to meet both the thirty (30) foot front yard setback along with the thirty (30) foot
bluff setback.
ANALYSIS
Staff has reviewed the case files for variances within 500 feet of the property. None of the properties
have needed a variance to the bluff setback in this area. The proposed design of the home would have a
similar design as surrounding homes.
The applicant is proposing to construct a small single family home that would eliminate the thirty (30)
foot bluff setback. The reason for the request of the variance is because the foot of the bluff is only
fifty-five (55) feet from the front property line on the north and actually covers the entire property near
the south property line. City Code 20-615(5)(a) requires all residents in the RSF zoning district to be
setback thirty (30) feet from the front property line. Since the bluff covers such a large portion of the
property and the front setback is thirty (30) feet it is required that the applicant obtain a variance in order
to construct a home on the property. If a variance is not granted on the property the property will be
deemed unbuildable.
The properts' was part of a two lot subdivision that was approved by City Council in 1984 and was
determined to be a buildable lot at the time. The bluff setback was not adopted until 1996. Thus the
hardship was not self-created.
Stinson Variance
August 20, 2002
Page 3
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 cannot
construct a home within the buildable area without a variance.
Permitted Use
This site is zoned RSF, Single Family Residential. A single family home can be legally constructed
on the site.
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 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 these criteria.
b.
C.
d.
Finding: The literal enforcement of this chapter does cause an undue hardship. The owner
does not have reasonable use of the property. Approving a variance will allow the applicant to
construct a single family home on the property.
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.
The purpose of the variation is not based upon a desire to increase the value or income potential
of the parcel of land.
Finding: Allowing the variance will increase the value of the property.
The alleged difficulty or hardship is not a self-created hardship.
Finding: The property is part of a two lot subdivision that was approved in 1984 and deemed a
buildable lot at that time. The bluff setback was not established until 1996. Thus, the hardship
,,vas not self-created.
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.
Stinson Variance
August 20, 2002
Page 4
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.
RECOMMENDATION
Staff recommends that Planning Commission adopt the following motion:
"The Chanhassen Planning Commission approves a variance to 'eliminate the thirty (30) foot bluff
setback to allow a single family home to be constructed on the property located at 7550 Frontier Trail
based upon the findings presented in the staff report with the following conditions:
1. A professional engineer will evaluate the soil conditions and slope of the site and design the
foundation of the building accordingly.
2. A detailed grading, drainage and tree removal plan Will be required to be submitted at the
time of building permit application.
3. Tree preservation fencing must be installed at the grading limits prior to excavation and
remain in place throughout the construction of the home.
4. The maximum driveway grade will not exceed 10% at any given point.
5. Top and bottom elevations will be shown on any proposed retaining walls.
6. The maximum yard slope will not exceed 3:1.
7. The property will maintain a forty (40) foot setback from the existing rear (west) property
line."
Attachments
1. Development Review Application
2. Site Survey
3. Proposed Site Survey
4. Side Elevation
5. Department comments/recommendations (Environmental, Engineering and Building)
Stinson Variance
August 20, 2002
Page 5
6. Public Hearing Notice and Mailing List
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
APPJJCANT:
ADDRESS:
Zh---) ~
TELEPHONE (Day time)
DEVELOPMENT REVIEW APPLICATION,
OWNER:
TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
__ Non-conforming Use Permit
PJanned Unit Development*
Rezening
Temporary Sales Permit
Vacation of ROW/Easements
...~ variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Site Plan Review* X
Subdivision*
Notification Sign
Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPR/VAC/VAR/WAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
1'o P b
J~ui]ding material samples must be submitted with site plan reviews.
"Twenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of
transparency for each plan sheet.
~* Escrow will be required for other applications through the development contract
~]DTE -When multiple applications are processed, the appropriate fee shall be charged for each application.
LOCATION ~.)',-J,~'f-'~ ~'-~ ('~~ -~~~T/~ '"~%~[ ~
LEGAL DESCRIPTION ~.O-["" ~-- b~~ ~j ~[ .f~ ( ~~¢~ /~l~lC) t',,,._[
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
YES X
NO
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
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.
This is to certify 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 application 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 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 !/e:wew. ,There!~fe, the city is notifying the applicant that the city requires an automatic 60 day
extension for developme~-?/view/ DeE'elopment review shall be completed within 120 days unless additional review
extensions are appro_,y/ed/b~/t,,t~'ap[;/lic~'~(. ',/ /-
Signature of / Date
.
Signature of Fee Owner
Date
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 mailed to the applicant's address,
Administration
Building Inspections
~._
._
Engineering
Finance
Park & Recreation
Planning &
Natural Resources
Public Works
_
Senior Center
Web Site
,',,',:, ~; ._~i~' 5~-..~ ....
MEMORANDUM
TO:
Jason Angell, Planner
FROM:
Jill Sinclair, Environmental Resources Specialist
DATE: 12 August 2002
SUB J:
7550 Frontier Trail
I have reviewed the request for a variance to the bluff ordinance for Lot 2, Block
1, Kolbinger Addition and have the following recommendations:
1. A detailed grading, drainage and tree removal plan will be required to be
submitted at the time a building permit application.
2. Tree preservation fencing must be installed at the grading limits prior to
excavation and remain in place throughout the construction of the home.
CITYOF
CHAN SEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax,: 952.227.1190
Engineering
rl zne: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fa>:: 952.227.1110
Park & Recrealion
,~,:,.2~7.11_u
Fa,',,: 952.227.1110
23,i0 Cou~ter Boulevard
Fr.,".'%e: 952.227.1400
Fa;:: 952.227.140,1
Planning &
Natural Resources
P~z,~e: 952.227.1130
~, 0r-^ ,.~.q,~
;:', ~3~.,'=/1110
Public Works
1591 Park Road
P~one: 952.227.1300
Fax: 952.227.1310
Senior Center
P~one: 952.227.1125
Fa:,:: 952.227.i110
Web Site
,,' ........ ~,,~FI
MEMORANDUM
TO'
FROM:
DATE:
Jason Angell, Planner I
Saam, Assistant City Engineer~I)
Matt
August 5, 2002
SUBJ:
Variance Review of Lot 2, Block 1 Kolbinger Addition
Upon review of the concept plan submitted by Charles Stinson Architects, I offer
the following comments and recommendations:
1. Any proposed home must comply with the maximum driveway grade of
10%.
2. Show the top and bottom elevations of any proposed retaining walls.
3. The maximum yard slope allowed is 3'1. Revise the plan to comply or
install a retaining wall where needed.
c:
Teresa Burgess, City Engineer/Public Works Director
Dan Remer, Eng. Tech 111
g:",eng\matt\memoskstaff reports\stinson variance.doc
The City of Chanhassen · A grov,';ng community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live. work. and play.
MEMORANDUM
TO:
FROM:
DATE:
Jason Angell, Planner I
Steven Torell, Building Official
August 6, 2002
SUB J:
Review of variance request for the construction of a single family
residence at 7550 Frontier Trail.
Plmming Case' 2002-11 VAR
I have reviexved the above request for a variance. The following conditions would
be required:
1. A professional engineer must evaluate the soil conditions and slope of the
site and design the foundation of the building accordingly.
G/safety/st.memos/plm~/variance/7 5 50FrontierTrail
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, AUGUST 20, 2002 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Variance for the
Construction of a Single
Family Home
APPLICANT:
LOCATION:
Charles Stinson
7550 Frontier Trail
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Charles
Stinson, is requesting request for a bluff setback variance for construction of a single family home on
property zoned Residential Single Family and located at 7550 Frontier Trail.
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 Jason at 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 August 8, 2002.
II IT
-~l
.._
I Lri~/e
-- I Ci'n~
Smooth Feed SheetsTM Use template for 5160®
iOGER & MARJORIE L KARJALAHTI
7413 FRONTIER TRL
2HANHASSEN MN 55317
SUSAN C HOFF
221 FRONTIER CIR
CHANHASSEN
MN
55317
THOMAS V & NANCY G MANARIN
7552 GREAT PLAINS BLVD
CHANHASSEN MN 55317
>,ICHARD J GILLESPIE &
VlICHELE M KOPFMANN
7415 FRONTIER TRL
2HANHASSEN MN 55317
BRIAN H KASBOHM
7480 FRONTIER TRL
CHANHASSEN
MN 55317
TED H & KATHLEEN S DELANCEY
7505 FRONTIER TRL
CHANHASSEN MN 55317
3LENN H & JUNqE A MATTSON
7406 FRONTIER TRL
2HANHASSEN MN 55317
BRADLEY C & MARY L JOHNSON
7425 FRONTIER TILL
CHANHASSEN MN 55317
THOMAS P & DIANE K LENTZ
BOX 693
CHANHASSEN MN 55317
)AVID M & JULIA A WISE
7460 FRONTIER TRL
.7ttANHASSEN /','iN 55317
\VESTAR DEVELOPMENT INC
13716 KNOLLWAY DR N
MINNETONKA MN 55305
DAVID G & KRISTI L HANS
406 SANTA FE CIR
CHANHASSEN MN 55317
:RONTIER TRAIL ASSN
7/0 WILLIAM KIRKVOLD
201 FRONTIER CT
7Ii:\NItASSEN MN 55317
STUART T & SItAWN C ROBERTSON
7500 FRONTIER TRL
CHANHASSEN MN 55317
TED It & KATHLEEN S DELANCEY
7505 FRONTIER TRL
CHANHASSEN MN 55317
).TAN J SCHNELL &
L'AROLYN M LARSON
7423 FRONTIER TRL
THANHASSEN MN 55317
STEVEN L & KELLY G WELL
391 DEL RIO DR
CHANHASSEN MN 55317
WYCK R & LORALI G LINDER
7550 GREAT PLAINS BLVD
CH~X,'.H ~-~EN MN 55317
PETER j c9.:. KATHERINE S DAt tL
220 FRONTIER CT
7:HANttASSEN MN 55317
ROBERT ri' C94 SUSAN J WELLIVER
403 DEL RIO DR
CIIANHASSEN MN 55317
DOROTHY M BONGARD
7551 GREAT PLAINS BLVD
CHANHASSEN MN 55317
FHOMAS J cO,: ANN MARIE V WILSON
7470 FRONTIER TRL
?HANHASSEN MN 55317
t4UBERT D & PHYLLIS L SWANSON
401 DEL RIO DR
CHANHASSEN MN 55317
RALPH W & MARLENE K BURRELL
7555 FRONTIER TRL
CHANHASSEN MN 55317
itENRY MARK & ANN C WEIS
100 DEL RIO DR
UHANHASSEN MN 55317
AUTUMN L THAYER
7528 ERIE AVE
CHANHASSEN MN
55317
W THOMAS & ROBERTA J BRUNBERG
TRUSTEES OF TRUST
402 SANTA FE CIR
CHANHASSEN MN 55317
~AMES J & KAREN L OLSON
386 DEL RIO DR
2HANHASSEN MN 55317
\VYCK R & LORALI G LINDER
7550 GREAT PLAINS BLVD
CHANHASSEN MN 55317
JOHN B & GENELL M W LEMLEY
7523 FRONTIER TRL
CHANHASSEN MN 55317
Smooth Feed SheetsTM
Use template for 5160®
CATHLEEN GALLAND
7554 GREAT PLAINS BLVD
CHANHASSEN MN 55317
JAMES & ARLENE ZIMMERMAN
7602 FRONTIER TRL
CHANHASSEN MN 55317
MICHAEL C & KRISTIN M MATTSON
2560 BRIDLE CREEK TRL
2HANHASSEN MN 55317
MICHAEL A BOGDEN
7617 FRONTIER TRL
CHANHASSEN MN
55317
3ARROLL W & GLADYS A HANNA
FRUSTEES OF TRUST
400 SANTA FE TRL
7HANHASSEN MN 55317
STEVEN M ROGERS
7520 FRONTIER TRL
2HANHASSEN
MN 55317
DAVID J & LESLIE A KRONK
7561 GREAT PLAINS BLVD
D-IANHASSEN MN 55317
KAY TOUCItETTE
7389 VANCOUVER RD
EDEN PRAIRIE MN
55346
STREETER BROTHERS PROPERTIES
18304 MINNETONKA BLVD
WAYZATA MN 55391
IEFFREY A & KRISTIN P CLAY
5045 ST CROIX AVE N
3OLDEN VALLEY MN 55422
LORI ANN BOTTENFIELD
7522 FRONTIER TRL
2HANttASSEN MN
55317
>.ICHARD & ROSE MARY MINGO
7601 GREAT PLAINS BLVD
FHANHASSEN MN 55317