3 Variance 960 Carver Beach RoaCITY OF
PC DATE: 01/16/01
CC DATE:
REVIEW DEADLINE: 02/15/01
CASE/4:00-3 VAR
STAFF
REPORT
PROPOSAL:
Request for a variance to the lot size, lot width, and lot coverage
requirements to permit the construction of a single family home on an
existing parcel of record.
LOCATION:
960 Carver Beach Road (Lots 998, 999, and 1000, Carver Beach)
APPLICANT:
Anita Benson
I25 N. 3rd Street, Apt. 2
Marshall, MN 56258
PRESENT ZONING:
RSF, Single Family Residential
ACREAGE: 6,000 sq. ft.
DENSITY: N/A
ADJACENT ZONING
AND LAND USES:
N:
S:
E:
W:
RSF, Single Family Residential
RSF, Single Family Residential
RSF, Single Family Residential
RSF, Single Family Residential
WATER AND SEWER:
Available to the site
PHYSICAL CHARACTER:
A vacant lot. Houses are built on either side of the parcel.
2000 LAND USE PLAN:
Low Density Residential
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 a variance. The City has a relatively high level of discretion
Benson Variance #2000-14
January 16, 2001
Page 2
with a variance because the burden of proof is on the applicant to show that they meet the standards
in the ordinance.
APPLICABLE REGULATIONS
Section
Section
Section
Section
Section
20-29, Variance and appeals procedures. Requires 3/4th vote of members present.
20-56 through 20-60, Variances.
20-73, Non-conforming lots of record.
20-615 (1), requires a minimum 15,000 sq. ft. lot area.
20-615 (2), requires a minimum 90 feet of lot frontage.
Section 20-615 (4), pexunits a maximum lot coverage of 25 percent.
Section 20-615 (5), requires a 30 foot rear yard setback and 10 foot side yard setback.
BACKGROUND
The property is located in Carver Beach and consists of three lots, which are each 20 feet wide by
100 feet deep. The subject property is 6,000 square feet in area. It is 60 feet in width (90 feet
required) and 100 feet in depth (125 feet required). No variance is required for development on
lots that meet at least 75 percent of the minimum requirements of the ordinance (in this instance
lot depth). The table displays the setbacks proposed for the home.
TABLE 1
Setbacks For 960 Carver Beach Road
Setback Distance Required Distance Requested
Front/Carver Beach Road 30 feet 30 feet *
Side 10 feet 10 feet
Rear 30 feet 30 feet
* Decks may project a distance of five (5) feet into the required setback.
Carver Beach is an area that was platted in 1927 into 20 by 100 foot lots. The first record of this
parcel was of two lots. In the 1934, a third lot was added to this parcel. Since that time, there
have been no further additions to the parcel.
As part of Sanitary Sewer and Water Project #75-2 for Carver Beach Road, no water or sanitary
sewer stubs were extended to the property and only the area charges were paid. Sanitary sewer
lateral connection and watermain lateral connection charges would need to be paid prior to the
issuance of a building permit. In addition, truck sanitary sewer hookup and trunk watermain
hookup charges would be payable as part of the building permit fee. The year 2000 sanitary
sewer lateral and watermain lateral charges are $4,075.00 each. The year 2000 sanitary sewer
hookup fee is $1,300.00 and trunk watermain hookup fee is $1,694.00. These fees are subject to
change January 1,2001.
Benson Variance #2000-14
January 16, 2001
Page 3
The properties on either side of these lots are developed with single-family homes. The house to
the west was built in 1956. The house to the east was built in 1966. Note that the fence for the
property to the east encroaches on the lot from 1.2 to 2.3 feet. There are no incentives for the
properties on either side of this parcel to purchase these lots, since they are currently developed.
They have enjoyed this private open space for the last 34 to 44 years.
On December 5, 2000, this property was reviewed for the following variances: a %000 square
foot variance from the 15,000 square foot minimum lot size to permit development on an
existing 6,000 square foot lot; a 30 foot variance from the 90 foot lot frontage requirement; a
15% variance from the 25% site coverage to permit site coverage up to 40%;-a seven (7) foot
variance from the 30 foot rear yard setback; and a three (3) foot variance from the 10 foot side
yard setbacks for the construction of a single family home. The Planning Commission voted
unanimously to deny the variance requested. They felt that the proposed variances were too
much.
ANALYSIS
The applicant is requesting a 9,000 square foot variance from the 15,000 square foot minimum
lot size to permit development on an existing 6,000 square foot lot, a 30 foot variance from the
90 foot lot frontage requirement, and a 11% variance from the 25% site coverage to permit site
coverage up to 36%. These variances are necessary for the construction of a single-family home
centered on the property. The proposed house plan, a two story with a tuck under garage, is
located within the building setback lines.
Carver Beach is an area that was platted in 1927 into 20 by 100 foot lots. Over time, lots have
been assembled into larger parcels. In the 1934, a third lot was added to this parcel. Since that
time, there have been no further additions to the parcel. The Carver Beach subdivision was
approved in 1927. Homes were constructed on lots shortly thereafter. At that time, the city had
not been incorporated and the 15,000 square foot and 90 feet of street frontage did not apply.
Many properties that do not comply with current city code have developed in Carver Beach.
City code requires that a two story residential design have a minimum of 600 square feet on the
first floor. The proposed house has an area of approximately 1,400 square feet on the first floor.
The house pad is 38 feet by 40 feet with a seven-foot deck off the front. Decks may project five
Benson Variance #2000-14
January 16, 2001
Page 4
feet into the required setback. City code also requires a two car garage which is tucked under in
this design.
The proposed house and driveway constitute an impervious surface of 2,200 square feet. The
building footprint is approximately 1,522 square feet and the driveway is approximately 576
square feet. This equates to 36 percent lot coverage. However, this same 2,200 square feet
would only represent only 15 percent impervious surface on a standard lot.
Site Characteristics
The topography of the site slopes from a high elevation of 1030 at the rear (northern) property
line to a low of 1024 at the front (southern) property line. City sewer and water are available in
Carver Beach Road. While the site appears to be easily built upon, a grading, drainage and
erosion control plan must be prepared for city review and approval.
Trees are scattered on the site. As part of the proposed house plan, a group of trees will be
removed in the northwest comer of the garage, a tree will be removed for the northeast corner of
the house, and a tree xvill be removed as part of the driveway. The trees along the northern
property line are to be saved. The larger tree will need to be pruned and have branches removed
to permit the construction of the home. Three trees should be replanted on the property at least
two of which should be located in the front yard.
Permitted Use
This site is zoned RSF, Single Family Residential. A single family home with a two car garage
can be legally constructed on the site.
Reasonable Use
The buildable area (1,600 sq. ft. or 40 feet by 40 feet) is constrained by the literal enforcement of
the zoning ordinance. The required setbacks limit the buildable area, limiting house and garage
design. The property owner does not have the opportunity to make a reasonable use of the site
without variances from the lot size, lot width, and lot coverage. 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. 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 house and two
car garage without variances fi'om the ordinance.
Neighborhood Standards
Benson Variance #2000-14
January 16, 2001
Page 5
Staff surveyed city records to determine if lot area, lot frontage, side yard and rear yard setback
variances had been granted in the area. There are many variances approved in the Carver Beach
subdivision including area, width and setbacks, so staff limited its search to within 500 feet of
the parcel. This survey turned up two cases.
Variance #94-9, 921 Hiawatha Road, Lots 977, 1002 - 1006, Carver Beach, a 5,000 square foot
lot area variance and a 20 foot front setback variance for the construction of a single-family
home.
Variance #85-5,895 Carver Beach Road, Lots 1348 - 1352, Carver Beach, a 17 foot rear yard
setback variance. It should be noted that the lot area of the parcel is 8,000 square feet. However,
at the time of the variance, if the lot met 50 percent of the lot area requirements, a variance was
not needed.
In addition, the property immediately to the east of the site is 10,000 square feet. However, since
it was built prior to the adoption of the city's ordinances, no variance was required.
Though no surveys of the setbacks for the adjacent properties are available due to the dates of
construction for these homes, staff has estimated from aerial photography that the home to the
east is approximately 10 feet from the side property line, the fence intrudes approximately two
feet on to the property, and the home to the west is approximately 30 feet from the side property
line abutting this site. The property to the west includes the land to the north of this site On
which is located a storage building. The storage building is estimated at approximately five feet
from the property line.
Within the area, there are a wide variety of housing types including ramblers, tuck-under, split
entry, and two story design. The housing immediately adjacent to the site are rambler and a 1½
story houses. Along Carver Beach Road there are tuck-under and split entry homes. Elsewhere
in the neighborhood are two story houses. The proposed house plan appears to fit into the
character of the area.
Even given the relief from the lot area and lot width requirements, the site cannot be developed
in compliance with ordinance requirements without relief from either impervious surface
restrictions (Section 20-215 (4)), house size requirements (Section 20-905 (2)), or the
requirement for a two car garage (Section 20-905 (2) (d.). The ordinance permits 25 percent lot
Benson Variance #2000-14
January 16, 2001
Page 6
coverage. This permits lot coverage of 1,600 square feet on the property. To meet setbacks, the
optimum house design is a two story unit. The ordinance requires a minimum first floor area of
600 square feet. The ordinance also requires a two car garage. A standard size garage is 24' x
24', or 576 square feet. The city also requires that driveways be surfaced with asphalt, concrete
or equivalent material (Section 20-118 (d)). A 20' x 30' driveway represents 600 square feet of
impervious surface. Adding these requirements together, we come to a total impervious area of
1,776 square feet, which exceeds the lot coverage requirement. The applicant's proposal is for
2,160 square feet of lot coverage.
The city could approve a variance from the house size, but this would not be in keeping with the
character of the neighborhood and could lead to a reduction in property valuation since the type
of housing that would be smaller than ordinance would not be very marketable. The city could
grant a variance from the two-car garage requirement. But this is counter to the idea that garages
are necessary for the Minnesota climate. It would also reduce the storage space in the structure
and may lead to outside storage issues. The city could grant relief from the impervious surface
coverage. This option would be least noticeable to the neighbors, would not significantly alter
drainage patterns or increase stormwater runof£ will not negatively impact health, safety or
welfare, and should not devalue property. Of the variance alternatives, staff believes that
impervious surface relief is the most appropriate.
Staff recommends approval of the variance requests to pe~rnit the construction of a single-family
home on an existing lot of record.
FINDINGS
The Planning Commission shall not grant a variance unless they find the folloxving facts:
ao
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.
Finding: The literal enforcement of the ordinance does create a hardship, since a
reasonable use of the property for a single-family home on the lot cannot be developed
without a variance. The proposed variance is the minimum necessary to develop the site for
a house plan completely within the building envelope.
bo
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Benson Variance #2000-14
January 16, 2001
Page 7
Finding: The conditions upon which this variance is based are applicable to all properties
in the RSF zoning district. However, the subdivision in the Carver Beach area was done in
1927 prior to the adoption of the current standards and many properties do not comply with
code requirements. Other properties of two and three lots have developed in Carver Beach.
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 ability to develop the site will increase the value of the property. However,
the use of the parcel for a single-family home is reasonable.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The lots were platted in 1927 prior to the ordinance, so the hardship is not self-
created. The homes on either side of the site are currently developed with single-family
homes in 1956 and 1966.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel is located. At least five
properties within 500 feet of the site are 10,000 square feet or less in lot area and are
developed with single-family homes.
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. Building
setbacks are being maintained.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves Variance #2000-14 for a 9,000 square foot variance from the
15,000 square foot minimum lot size to permit development on an existing 6,000 square foot lot,
a 30 foot variance from the 90 foot lot frontage requirement, and an 11 percent variance from the
25 percent site coverage to permit site coverage up to 36 percent for the construction of a single
family home based upon the staff report and the following conditions:
Benson Variance #2000-14
January 16, 2001
Page 8
1. A building permit must be applied for within one year of approval of the variance or the
variance shall become null and void.
.
Sanitary sewer lateral connection charges, watermain lateral connection charges, truck
sanitary sewer hookup and trunk watermain hookup charges shall be paid prior to the
issuance of a building pe~xnit.
3. As part of the building permit submittal, a grading, drainage and erosion control plan must be
prepared for city review and approval.
o
The trees along the northern property line are to be saved. Tree protection fencing shall be
installed prior to site grading. Three trees shall be replanted on the property, at least two of
which shall be located in the front yard."
ATTACHMENTS
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Application and Letter
Proposed House Elevations and Floor Plans
Letter fi'om Helen & Richard Roe to Chamhassen Planning Commission dated 11/25/00
Parcel Map
Arial Photograph overlaid with parcel lines
Arial topographic 1nap
Sanitary Sewer and Water Project #75-2 as built plans
Reduced Copy of Lot Survey
Section 20-56 through 20-73, Variances and nonconforming lots
Section 20-611 ttn'ough 20-616, RSF District Requirements
Public hearing notice and property owners list
g:\plan\bg\Var. 2000-14 Benson.doc
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
TELEPHONE (Day time)
OWNER'
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review*
Subdivision*
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
X 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
application.
Building 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
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION b~J~
LEGAL DESCRIPTION
~TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
Geco
99c -4-[000 P-- v /
YES X~ NO
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST A
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 I am making application for the described action by the City and that I am responsible for cOmplying with
all City requirements with regard to this request. This 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.
Signatur,.eCf Applicant ~ ~
Signature of Fee Owner
Application Received on Fee Paid
will keep myself informed of the deadlines for submission of material and the progress of this application. I further
Jnderstand 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
imy knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
:extension for development review. Development review shall be completed within 120 days unless additional review
extensions ~re approved by the applicant.
Date
/I-/3-00
Date
~ ~q ¢?¢ 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.
Mr. Robert Generous
PO Box 14'7 Chanhassen, MN 5531'7
RE: Variance Application for 960 Carver Beach Road
I have prepared another building concept plan for the construction of a single family
home at 960 Carver Beach Road. Please refer to the attached building pad drawing.
This building concept requires the following variances:
1. Lot area variance of 9000 SF to permit a 6000 SF lot
2. Impervious surface coverage variance of 11% to permit 36% impervious surface
coverage.
3. Lot width variance of 30 feet to permit a 60 foot wide lot.
This concept is submitted for consideration to allow a reasonable use of the property.
ao
A reasonable use of the property is a single family home with a two-stall garage.
Without a variance from the lot area, impervious surface coverage, and lot width a
reasonable use cannot be constructed on this property. Furthermore, Carver Beach is
a unique area of Chanhassen and many variances have been granted. The house pad
fits within the buildable area. A two story home is proposed to limit the impervious
surface and still construct a home with most modern amenities.
bo
The conditions upon which the variances are requested are applicable to Carver
Beach, Red Cedar Point and Shore Acres. These lots were platted prior to the City
being incorporated and most lots do not meet existing zoning requirements.
c. The purpose of the variation is to construct a reasonable use on the property.
d. The hardship is not self-created as the lots were platted in 192'7.
e. 'The variances will not create a detrimental situation for adjacent parcels.
The variances will not impair lot supply, increase the congestion of the streets,
increase the danger of fire, endanger the public safety or diminish/impair property
values within the neighborhood.
The previous proposal reviewed by the Planning and Zoning Commision was to be
constructed by Habitat for Humanity.
The current proposal is for the house I intended to build for my primary residence at the
time I purchased the lot in 1998. I believe this house fits well in the neighborhood with
minimal variances required. ? ~':' ~
_?.,':.:-,! .'1_
,-'7 : ~ "...,.-
The letter submitted by Helen and Richard Roe dated November 25, 2000 contains
statements which I find disturbing. Specifically, I disagree with the entire second
paragraph. The Roe's have never spoken with me in regards to this lot. When Mr.
Hempel, former Assistant City Engineer, was inspecting sidewalk damaged in
conjunction with the Roe's garage addition; Mr. Roe indicated that he would be
interested in purchasing the lot if I was ever interested in selling it. He indicated to Mr.
Hempel that he would like to build a home for his daughter/son on the lot. Please feel
free to contact Mr. Hempel to confirm this conversation. This intent to build a home on
the lot if they were to purchase it completely contradicts the entire first paragraph of said
letter.
I appreciate your review of this variance request based on its merits. Please contact me if
you require further information.
Anita L. Benson
NuM m BG9509
Dapper Desigrt
~ his aouse not oniv 4ccommo~tcs
a na~o,.v lot. but ',t 3. iso ;'its
_.-... :~iOpil],,= s~tc. Tht: two-car oar,=~,,'
is tucked under tile home's first
Thu ang!cd, comer entr'.,, elves way
to a two-sto~ living room with a died
hearth. The dining room enjoys easy
service (rom the efiScient kitchen, and
large pantr7 and an :mgicd comer sink
add character. Tile (a. rnily room offers
double doors to a refreshing balcony.
A powder room and a !auntie: room
complete the main level.
Upstairs, three be~ooms include
vaulted master suite with a private bath.
The secondary bed.rooms share a ~tl
bath, and a hatl,.vav serves as a baiconv
overlooking the living room. Design by
.&lan Mascord Desi~ .Associates, Inc.
See page 158 for ordering
instructions, or call 800/848-2550.
7
~,.o,~ MASTER
: '-.JL.-'
HOME ?L-xN IDEAS WIN~R 1994
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C!TY OF CHANHASSEN
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='.) .ii._i.'i17.1'i ..... ii'iii..i.ii.i i..iiTi.i.L_..j'E O, B'.i 2.1 ........ APRIL, 1977 MINNESOTA
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.... :::::.:-'" :'::.': .' :.'::-:';:.:::...,': . . .'.' SANITARY SEWER 8~ WATER
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SCHOF'I I ,R, M ^ r~er",
.PF
P, stabll~hed in 1962
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF ~INNESOTA
7801 7-qrd A?enue North
Fax No, 660-3522
Nlnne~poll~, Nlnnetote 55428
FLOYD OSMUNDSON.
INVOICE NO, 5160'/
F.B.NO, 818-21
SCALE: 1" = 20'
o Denotes Iron i~onument
63 Oem3tes Wood H~ Set
for exc<3vetlon only ,
~OOO. O D~tes Ex~aflng Elevation
~ D~tes ~f~e Dral~
Lots 998, 999 and lO00, Carver Beach
...
Proposed bu{Idln9 information must be checked w~th approved
pica before excavation and construclion,
The only easements shown ore from plots of record or inforrr, o(ion
provided by cJient,
Wc hereby cerlJfy that this is o true and correct representation of
o survey oI the boundorie~ of the cbov8 descr;bed land and the
Iocolio~ al O~1 bJ~Jld~ng~ and visible encroachments, if any, from or on
~oid land,
Surveyed by us Ih~s 22bd day ,of DecaYer lg
GregorySJm'd R, Pr~c'h~n, Reg, No, 24.092
ZONING § 20-57
Sec. 20-44. Planning commission action.
Following conclusion of the public hearing held by the planning commission, the commission
shall report its findings and recommendations on the proposed amendment to this chapter,
ir~cluding the zoning map to the council. If no report of recommendation is transmitted by the
planning commission within sixty (60) days following referral of the amendment to the
commission, the council may take action on the amendment without awaiting such recom-
mendation.
(Ord. No. 80, Art. III, § 3(3-3-4), 12-15-86)
Sec. 20-45. Council action.
Following planning commission consideration of an amendment to this chapter including
the zoning map, or upon the expiration of its review period, the council may adopt the
amendment or any part thereof in such form as it deems advisable, reject the amendment, or
refer it to the planning commission for further consideration.
(Ord. No. 80, Art. III, § 3(3-5-5), 12-15-86)
Secs. 20-46--20-55. Reserved.
DIVISION 3. VARIANCES
Sec. 20-56. Generally.
A variance from this chapter may be requested only by the o~vner of the property or the
owner's approved representative to which the variance would apply. A variance may not be
granted xvhich would allow the use of property in a manner not permitted within the applicable
zoning district. A variance may, however, be gq'anted for the temporary use of a one-family
dxvelling as a two-family dwelling. In granting any variance, conditions may be prescribed to
ensure substantial compliance with this chapter and to protect adjacent property.
(Ord. No. 80, Art. III, § 1(3-1-1(1)), 12-15-86; Ord. No. 131, § 4, 7-9-90)
Sec. 20-57. Violations of conditions imposed upon variance; termination for nonuse.
The violation of any written condition shall constitute a violation of this chapter. A variance,
except a variance approved in conjunction with platting, shall become void within one (1) year
following issuance unless substantial action has been taken by the petitioner .in reliance
thereon.
(Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86; Ord. No. 196, § 1, 11-22-93)
Supp. No. 12 , 1162.3
ZONING § 20.59
Sec. 20-58. General conditions for granting,
A variance may be granted by the board of adjustments and appeals or city council only
if all of the following criteria are met:
(1) That the literal enforcement of this chapter would cause undue hardship. "Undue
hardship" means 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 five hundred (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.
(2) That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
(3) That the purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
(4) That the alleged difficulty or hardship is not a self-created hardship.
(5) That 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 of
land is located.
(6) That 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 fLre, or endanger the public safety or substantially ~]irninish
or impair property values within the neighborhood.
(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86; Ord. No. 131, § 3, ?-9-90)
Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling.
A variance for the temporary use of a single-family dwelling as a two-family dwelling
may only be allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one (1) driveway and one (1) main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare
of the residents of the city or the neighborhood where the property is situated and
will be in keeping with the spirit and intent of this chapter.
(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86)
Supp. No. 4
1163
§ 20-60
CHANHASSEN CITY CODE
Sec. 20-60. Denial.
Variances may be deemed by the board of adjustments and appeals and the council, and
such denial shall constitute a finding and determination that the conditions required for
approval do not exist.
(Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86)
Secs. 20-61--20-70. Reserved.
DMSION 4. NONCONFORMING USES*'
Sec. 20-71. Purpose.
The purpose of this division is:
(1) To recognize the existence of uses, lots, and structures which were lawful when
established, but which no longer meet all ordinance requirements;
(2) To prevent the enlargement, expansion, intensification, or extension of any noncon-
forming use, building, or structure;
(3) To encourage the elimination of nonconforming uses, lots, and structures or reduce
their impact on adjacent properties.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20-72. Nonconforming uses and structures.
(a) There shall be no expansion, intensification, replacement, structural change, or relo-
cation of any nonconforming use or nonconforming structure except to lessen or eliminate the
nonconformity.
(b) Notwithstanding any other provisions 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.
(c) No nonconforming use shall be resumed if normal operation of the use has been
discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning
on the day following the last day in which the use was in normal operation and shall run
continuously thereafter. Following the expiration of twelve (12) months, only land uses which
are permitted by this ordinance shall be allowed to be established.
*Editor's note-Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its
entirety to read as set out in §§ 20-71-20-73. Prior to amendment, Div. 4 contained §§
20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III,
§ 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992.
Supp. No. 4
1164
ZONING § 20.73
(d) Full use of a nonconforming land use shall not be resumed if the amount of land or
floor area dedicated to the use is lessened or if the intensity of the use is in any manner
diminished for a period of twelve (12) or more months. Time shall be calculated as beginning
on the day following the last day in which the nonconforming land use was in full operation
and shall run continuously thereafter.. Following the expiration of twelve (12) months, the
nonconforming land use may be used only in the manner or to the extent used during the
preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea-
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
(e) Ma/ntenance and repair of nonconforming structures is permitted. Removal or destruc-
tion of a nonconforming structure to the extent of more than fifty (50) percent of its estimated
Yalue, excluding land value and as determined by the city, shall terminate the right to con-
tinue the nonconforming structure.
(f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if approved by the city council a nonconforming land use may be changed to another noncon-
forming land use of less intensity if it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensities of uses.
(g) If a nonconforming land use is' superseded or replaced by a permitted use, the non-
conforming status of the premises and any rights which arise under the provisions of this
section shall terminate.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20.73. Nonconforming lots of record.
(a) No_variance shall be required to reconstruct a detached single-family dwelling located
on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of the
destroyed structure and is substantially the same size in building height and floor area as the
destroyed structure. Reconstruction shall commence within two (2) years of the date of the
destruction of the original building and reasonable progress shall be made in completing the
project. A building permit shall be obtained prior to construction of the new dwelling and the
new structure shall be constructed in compliance with all other city codes and regulations.
Cs) No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at lest seventy-five (75) percent of the
miD~rnum requirements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, 'there
shall be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot.
(d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
Supp. No. 4
1165
§ 20-73 CHAN-HASSEN CITY CODE
contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter.
If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance
provisions of this chapter.
(Ord. No. 165, § 2, 2-10-92)
Secs. 20-74-20-90. Reserved.
DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC.
Sec. 20-91. Building permits.
(a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building
or structure or part thereof without first securing a building permit.
(b) An application for a building permit' shall be made to the city on a form furnished by
the city. All building permit applications shall be accompanied by a site plan drawn to scale
showing the dimensions of the lot to be built upon and the size and location of any existing
structures and the building to be erected, off-street parking and loading facilities and such
other information as may be deemed necessary by the city to determine compliance with this
chapter and other land use ordinances. No building per~,it shall be issued for activity in
conflict with the provisions of this chapter. The city shall issue a building permit only after
determining that the application and plans comply with the provisions of this chapter, the
uniform building code as adopted and amended by the city and other applicable laws and
ordinances.
(c) If the work described in any building permit is not begun within ninety (90) days or
substantially completed within one (1) year following the date of the issuance thereof, said
permit may become void at the discretion of the zoning administrator upon submission of
documented evidence. Written notice thereof shall be transmitted by the city to permit holder,
stating that activity authorized by the expired permit shall cease unless and until a new
building permit has been obtained.
(Ord. No. 80, Art. III, § 4(3-1-4), 12-15-86)
Cross reference--Technical codes, § 7-16 et seq.
Sec. 20-92. Certificates of occupancy.
(a) In accordance with the Uniform Building Code as adopted and amended by the city, a
certificate of occupancy shall be obtained before:
(1) Any nonagricultural building, except an accessory building, hereafter erected or
structurally altered is occupied or used; and
(2) The use of any existing nonagricultural building, except an accessory building, is
changed.
(b) Application for a certificate of occupancy shall be made to the city as part of the
application for a building permit. A certificate of occupancy shall be issued by the city
Supp. No. 4
1166
§ 20-595 CHANHASSEN CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92;
Ord. No. 194, § 2, 10-11-93)
Sec. 20-596. Interim uses.
The following are interim uses in the "RR" District:
(1) Commercial kennels and stables.
(Ord. No. 120, § 3, 2-12-90)
Editor's note--Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No.
120 as § 20-595 have been redesignated as § 20-596.
Secs. 20-597--20-610. Reserved.
ARTICI,E XII. '~{SF" SIINGI.E-FAMIIX RESIDENTIAL DISTRICT
Sec. 20-611. Intent.
The intent of the "RSF" District is to provide for single-family residential subdivisions.
(Ord. No._80, Art. V, § 5(5-5-1), 12-15-86)
Sec. 20-612. Permitted uses.
The following uses are permitted in an "RSF" District:
(1) Single-family dwellings.
(2) Public and private open space.
(3) State-licensed day care center for twelve (12) or fewer children.
(4) State-licensed group home serving six (6) or fewer persons.
(5) Utility services.
(6) Temporary real estate office and model home.
(7) Antennas as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96)
Sec. 20-613. Permitted accessory uses.
The following are permitted accessory uses in an "RSF" District:
(1) Garage.
Supp. No. 9 1210
ZONING § 20-615
(2) Storage building.
(3) Swimming pool.
(4) Tennis court.
(5) Signs.
(6) Home occupations.
(7) One (1) dock.
(8) Private kennel.
(Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86)
Sec. 20-614. Conditional uses.
The following are conditional uses in an "RSF" District:
(1) Churches.
(2) Reserved.
(3) Recreational beach lots.
(4) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12,
11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.'
Sec. 20-615. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter and chapter 18:
(1)
The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots,
the lot area requirements shall be met after the area contained within the "neck" has
been excluded from consideration.
(2)
The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac
"bubble" or along the outside curve of curvilinear street sections shall be ninety (90)
feet in width at the building setback line. The location of this lot is conceptually
Supp. No. 9
1211
§ 20-615 CHANHASSEN CITY CODE
illustrated below.
Lot. Whore Frontago 18
Mea.ur8cl At $1tbaok Mne
(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 Flag Iota
Frofl,: Lot Llflo
lO0/Lot
. , I I
I ! I
~ I I
-.-J i I
I "" "~' I
t I I I
L_ L._._I_..j
Width
(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.
Supp. No. 9 1212
ZONING § 20-632
(6)
c. For side yards, ten (10) feet.
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
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JANUARY 16, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Vadance for the Construction
of a Single Family Residence
APPLICANT: Anita Benson
LOCATION' 960 Carver Beach Road
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Anita Benson,
is requesting a variance for lot size and lot coverage to permit construction of a single family home located
on Lots 998-1000, Carver Beach, 960 Carver Beach Road.
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. Dudng 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 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on January 4, 2001.
Smooth Feed Sheets
)NARD A & MARLENE M DUSOSK
_JSTEES OF TRUST
0 WESTERN DR
~d',IHASSEN MN 55317
DENNIS W SCHILLING &
NANCY J HALL
941 WESTERN DR
CHANHASSEN MN 55317
Use template for 5160®
THOMAS JR & HILDA REDWING
990 CARVER BEACH RD
CHANHASSEN MN 55317
JLA MALM-AUST1N
WESTERN DR
ANHASSEN MN 55317
MATHIAS & JUDITH JACOBS
921 WESTERN DR
CHANHASSEN MN 55317
KERMIT & ADELINE M AUSTAD
980 CARVER BEACH RD
CHANHASSEN MN 55317
EGORY & BARBARA J PEPPERSAC
WESTERN DR
a~NHASSEN MN 55317
LINELL BRECHT SANTELLA
881 WESTERN DR
CHANHASSEN MN 55317
ROBERT B NELSEN &
DORIS ANN PUTNAM NELSEN
970 CARVER BEACH RD
CHANHASSEN MN 55317
NALD W & CAROL M ZALUSKY
WESTERN DR
~NHASSEN MN 55317
WALLACE & M CHRISTENSEN
1001 WESTERN DR
CHANHASSEN MN 55317
ANITA BENSON
425 North 3rd Street. ACt.2
Ma.rshfield, ~q 5~58
,;VEN & GLORIA RAY
WESTERN DR
~NHASSEN MN 55317
ERNST & LOIS HERRMANN
991 WESTERN DR
CHANHASSEN MN 55317
KEITH J & JULIE L PETERSON
921 HIAWATHA DR
CHANHASSEN MN 5_~ 17
YLE J ODETTE
WESTERN DR
ANHASSEN
MN 55317
MARY KAY HOGUE
6690 NEZ PERCE DR
CHANHASSEN
PO BOX 33"/
MN 55317
WALFORD SCHWAB
950 CARVER BEACH RD
CHANHASSEN MN 55317
'.,LARD & NORMA S SHOBERG
, WESTERN DR
ANHASSEN MN 55317
GARY J & JACQUELINE A HOFFMAN
860 HIAWATHA DR
CHANHASSEN MN 553 I7
JOSEPH M & LORI L HARR1NGTON
901 CARVER BEACH RD
CHANHASSEN MN 55317
NDY M & LITA M CANTIN
:4 NEZ PERCE DR
ANHASSEN MN 55317
t
IY OF CHANHASSEN
I SCOTT BOTCHER_._~...--~-
I CITY CEdaR PO BOX 14
.~/.N.HA'SSEN MN 55317
2 RY C & IRENE A DIMLER
LESLEY LN
EN PRAIRIE MN 55346
SARA R SKJERVOLD
900 HIAWATHA DR
CHANHASSEN
MN 55317
LARRY E SCHROERS
1020 CARVER BEACH RD
CHANHASSEN MN 55317
RALPH H & SUSAN S SWANSON
1000 CARVER BEACH RD
CHANHASSEN MN 55317
CHARLES J & SUSAN E ZECCO
895 CARVER BEACH RD
CHANHASSEN MN 55317
CHARLES J & SUSAN E Z...F.F-:,GO~
895 CARV~
Cy~-I,.PA'SSEN MN 55317
CITY OF CHANHASSEN
C/O SCOTT BOTCHE~...~
690 CITY C~.E2OT'~ERX)R PO BOX 14
C~SSEN MN 55317
Smooth Feed Sheets*M We template for 5160®
JOSEPH M & LORI L HARRINGTON
901 CARVER BEACH RD
CHANHASSEN MN 55317
VUTHY SATH 8:
NATALIE P SATH
6780 PENAMINT LN
CHANHASSEN
MN 55317
RICHARD L & HELEN I ROE
6771 PENAMINT LN
CHANHASSEN MN 55317
EDWARD A HJERMSTAD JR
6790 PENAMINT LN
CHANHASSEN MN 55317
RAY E & MARY L MIKKONEN
6781 PENAMINT LN
CHANHASSEN MN 55317
SCOTTIE L & ANN M BERG
6800 PENAMINT LN
CHANHASSEN MN 55317
M KEITH & JAYNE M MOODY
960 PENAMINT CT
CHANHASSEN MN 55317
GENE B & DEBORAH S ZIMMERLEY
6820 PENAMINT LN
CHANHASSEN MN 55317
IVAN LUKE S MADJOS &
LEIMOMI LEA S/AURORA S MADJOS
950 PENAMINT CT
CHANHASSEN MN 55317
THEODORE A & ANGELA M ELLEFSO
6801 REDWING LN
CHANHASSEN ~ 55317
WILLIAM SHANE & MARY L MURPH
940 PENAMINT CT
CHANHASSEN MN 55317
JAMES J REMINGTON
6791 tLEDW1NG LN
CHANHASSEN MN 55317
JAMES M & TAMARA ENGESETHER
930 PENAMINT CT
CHANHASSEN MN 55317
ARNOLD E & LORNA LEMKE &
MARIA A LEMKE
6781 REDWING LN
CHANHASSEN MN 55317
DEVON K & JO ANNE M EKLUND
920 PENAMINT CT
CHANHASSEN MN 55317
RONALD JAMES & LAURA M CLARK
1021 CARVER BEACH RD
CHANHASSEN MN 55317
LEROY & WANDA BITELER
910 PENAMINT CT
CHANHASSEN MN 55317
JEFFREY A & KATHY L CLEM
1011 CARVER BEACH RD
CHANHASSEN MN 55317
TIMOTHY D & CHARLOTTE SAVALO
6770 PENAMINT LN
CHANHASSEN MN 55317
AR_LEE N & JEAN M MUELLER
1001 CARVER BEACH RD
CHANHASSEN MN 55317
01/11/01 16'05 FAX 651 452 5550 CAMPBELL KN[~SON ~ CHANHASSEN CH ~002
Thomas J. Campbell
Roger N. Knucson
Thomas M, Scott
Elliott B. Knctsch
Joel J. Jamnik
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651 ) 452-5000
Fax (65 i) 452-5550
itt
Dlrect Dird: (651) 234-6215
E-mall Addres~,: rknutson~c.law, com
January 11,2001
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Mat&ew J, Foil
Marguerite M- McCarron
Gina M. Bran&
*A~ [ic~.~d in ~'i~cort~in
Mr. Robert Generous
City of Chonhassen
690 City Center Drive, Box 147
Chonhassen, MN 55,317
RE:
ANITA BENSON VARIANCE REQUEST- 960 CARVER BEACH ROAD
(LOTS 998, 999. AND 'i 000, Carver Beach)
Dear Bob:
You asked me to review Benson's application for lot size, lot width, and lot
coverage variances. Without the lot width and lot size variance the lot would be
unbuildable. This is o classic "hardship" under state law and City ordinance qualifying
for a variance. Failure to approve the minimum variance needed to build would also
raise the "taking" question. Generally, when regulations prevent ail reasonable use of
property o "taking" results that requires that the owner be compensated. Penn Central
Transportation..Cq:..v.... New York Cit~, 438 US 104 (1978); Lucas v. South Carolina Coastal
Council, 112 $.C~ 2886 (1992), Deprivation oF all reasonable use of property is not a
taking, however, if the proposed use would constitute a nuisance.
Although lot width and size variances are necessary to construct a house, a lot
coverage variance may not be necessary. The City could determine that it is
preferable to grant variances to garage or-minimum house size requirements.
Regards,
CAMPBELL KNUTSON
Roger N. Knutson
RNK:srn
Suite 33.7 · Eagandale Office Center * 1380 Corporate Center Curve · Eagan, MN 55121