1 Variance 1800 Flying Cloud DrCITY OF
PC DATE: Aug. 7, 2001
CC DATE:
REVIEW DEADLINE: 8/14/01
CASE #: 2001-4 Variance
By: RG, MS, ST
STAFF
REPORT
PROPOSAL:
Request for a variance from the 2.5 acre minimum lot requirement to build a
single-family home on a 1.1 acre parcel.
LOCATION:
APPLICANT:
1800 Flying Cloud Drive
Denny Nystrom
2334 Manuela Drive
Chaska, MN 55318
PRESENT ZONING: Agricultural Estate District, A-2
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 1.1 acres
td
DENSITY: 0.9 units per acre
SUMMARY OF REQUEST:
Notice'of this public hearing has been mailed to aH 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.
Proposed Site
Nystrom Variance
August 7, 2001
Page 2
APPLICABLE REGUATIONS
Chapter 20, Zoning
Division 3, Variances
Division 4, Section 20-73, Nonconforming lots of record
Article X, "A-2" Agricultural Estate District
BACKGROUND
The site, a separate parcel of record, previously had a farmstead located on the property. A house
and accessory buildings used to exist on this property. However, the house was in disrepair and
uninhabitable. In June, the property owner applied for a demolition permit to remove the
existing house. The proposed house should improve the appearance of the site and the value of
the property.
On July 23,2001, the Chanhassen City Council approved a moving permit to allow a house to be
moved on to this property. One of the conditions of approval was that a variance be approved to
permit the use of the property.
ANALYSIS
The site is located in the 2015 Metropolitan Urban Services Area (MUSA) at which time city sewer
and water could be extended to the site. With urban services, the site could be developed at the
intensity identified in the comprehensive plan, office/industrial uses. Until then, the use of the
property for a single-family is a reasonable use of the property. The property is currently zoned
Agricultural Estate District, A-2.
The A-2 district permits single-family dwellings and accessory buildings. The A-2 district
requires a minimum lot frontage of 200 feet, minimum lot depth of 200 feet and a minimum lot
area of 2.5 acres. The lot complies with the lot frontage (292 feet) and lot depth (322 feet)
requirements. However, the lot does not have the minimum lot area. Therefore, the lot is
nonconforming and requires a variance to permit development. Had the lot met at least 75
percent of the minimum requirements, a variance would not have been necessary to construct a
single-family home on the property (Section 20-73 (b)).
Required setbacks in the A-2 district are 50 feet from the front and rear property lines and 10 feet
from the side property lines. The property is shaped like a piece of pie. The front of the property
is Highway 212. The rear of the property is the point where the two sides meet.
Nystrom Variance
August 7, 2001
Page 3
SURFACE WATER MANAGEMENT PLANT (SWMP)
Assumption Creek and Seminary Fen
The subject property is located within the subwatershed for Assumption Creek and Seminary
Fen. Both the creek and the fen are high quality resources that have consistently been identified
as high priorities for protection and preservation (Comprehensive Plan, Surface Water
Management Plan, Bluff Creek Natural Resource Management Plan). In order to ensure a high
level of protection, the northernmost portion of the lot should be preserved in an undeveloped
state (see attached). (The southernmost boundary of the protected area results from a line being
drawn between a point 140 feet from the northern property corner along the northwest property
line and a point 110 feet from the northern property corner along the northeast property line.) No
vegetation may be removed, mowed, cut or otherwise altered within this area. In addition, no
structures should be permitted within this area. This will act as a buffer to decrease the velocity
of any sheet flow runoff and improve water quality prior to the water reaching the creek and fen.
(The southern boundary of the protected area appears to be between 200 and 300 feet from the
ordinary high water level (OHW) of Assumption Creek. This is consistent with the proposed
increases in setback and buffer requirements currently being drafted by staff for review by the
Planning Commission and City Council.)
In addition, because the creek and fen are such high quality resources, staff recommends that the
amount of impervious surface on site remain below 15%. The A-2 district permits site coverage
up to 20 percent. According to the Center for Watershed Protection (CWP), increases in the
amount of impervious surface (such as buildings or pavement) near creeks or wetlands can have
negative impacts on the adjacent water bodies. Citing many independent lines of research, the
CWP states that it is extremely difficult to maintain predevelopment stream quality when
watershed development exceeds 10 to 15% impervious cover. Currently, staff has estimated the
amount of impervious surface in the watershed to be 5%. Staff estimates the current proposal
will result in approximately 9% impervious surface coverage for the site. A limit of 10%
impervious surface would allow an additional 500 square feet of coverage for accessory uses. A
limit of 15% impervious surface would allow an additional 2,900 square feet of coverage.
Surface Water Management Fees
Because this project does not require subdivision, it is not subject to water quality and water
quantity connection charges.
Surrounding Property. The area has a mix of residential, agricultural, commercial and
industrial properties. The smTounding houses were built from 1930 to 1986. The following table
shows the estimated property values for homes in the area.
ADDRESS
1705 FLYING CLOUD DRIVE
1781 STOUGHTON AVENUE
YEAR BUILT LAND VALUE BUILDING VALUE TOTAL VALUE
1984 $71,200 $150,600 $221,800
1986 $29,500 $172,700 $202,200
Nystrom Variance
August 7, 2001
Page 4
1791 STOUGHTON AVENUE 1965
1805 STOUGHTON AVENUE 1930
1915 STOUGHTON AVENUE 1970
AVERAGE
$30,800 $77,900 $108,700
$26,400 $87,500 $113,900
$32,900 $133,500 $166,400
$38,160 $124,440 $162,600
The estimated market value of the home being moved to the subject location is $165,000, which
is above the average home value for the area.
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 this criteria.
Finding: The literal enforcement of this chapter would cause undue hardship since the
property could not be used for a single-family home and accessory buildings as it had
previously been used.
bo
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: Most existing A-2 properties are significantly larger than this property. This
parcel is an existing property of record.
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 granting of a variance will permit a reasonable use of the property, one which
had formerly been made on the site.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The existing home on the site was derelict and uninhabitable. The use of the
property for a single-family home is reasonable.
eo
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Nystrom Variance
August 7, 2001
Page 5
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
and should enhance the area.
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: Granting of the variance will permit the rehabilitation of the property and would
act to sustain or enhance the value of the area.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves a variance (#2001-4) from the 2.5 acre minimum lot size to
permit the development of a 1.1 acre parcel located at 1800 Flying Cloud subject to the following
conditions:
.
In order to ensure a high level of protection, the northernmost portion of the lot shall be
preserved in an undeveloped state through a conservation easement being recorded. (The
southernmost boundary of the easement results from a line being drawn between a point
140 feet from the northern property corner along the northwest property line and a point
110 feet from the northern property corner along the northeast property line.) No
vegetation shall be removed, mowed, cut or otherwise altered within this area. In
addition, no structures shall be permitted within this area.
2. Impervious surfaces shall not cover more than 15% of the site.
3. Add a benchmark within 20-feet of the proposed house on the front setback line.
4. Consider moving the house closer to the road to better fit the existing grade and
topography.
5. Show all proposed and existing contour lines. Also, add direction of drainage arrows to
the survey.
6. Show all existing easements and structures within the property lines.
7. Show the location of the proposed on-site septic and well areas.
Nystrom Variance
August 7, 2001
Page 6
o
The developer shall provide a tree removal plan. The developer shall install tree
protection fencing near the building pad or adjacent to site grading to protect trees during
construction. The existing trees in the front of the property should be preserved.
9. The proposed driveway shall be of a hard-surface variety (bituminous, concrete, or brick
paver). Also, show the proposed driveway grade.
10. Two individual sewage treatment sites (ISTS) must be located for the lot. The sites must
be evaluated by a licensed ISTS designer and must be submitted for approval by the city
in accordance with Chanhassen City Code Chapter 19 Article IV.
11. Building permits must be obtained from the City of Chanhassen before beginning any
construction."
Attachments
1. Development Review Application
2. Letter from Denny Nystrom to Bob Generous dated June 15, 2001 with attachments
3. Proposed Preservation Area
4. Notice of Public Hearing and Mailing List
g:\plan\bg\var 2001-4 nystrom.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN $5317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
[Daytime)
Comprehensive Plan Amendment
Ccm, ditional Use Permit
In.dm Use Permit
OWNER:
ADDRESS:
TELEPHONE:
Temporary Sales Permit
Vacation of ROW/Easements
_.~/'
Variance
Non-.r_.onfon'ning Use Permit
P~rmed Unit Development*
Wetland Alteration Permit
·
Zoning Appeal
Sign P~m~s
Sign Pm Review
SLte P Jan Review*
S~~n*
Zoning Ordinance Amendment
Notification Sign
~ Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPR/VACNARANAP/Metes
and Bounds, $400 Minor SUB)
·
TOTAL FEE $ J.~
~ iisi o! all property owners within 500 feet of the boundaries of the property must be Included with the
material samples must be submitted with site plan reviews.
'"l'wenty-s~x 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
~DT'~-¥1/hen multiple applications are processed, the a~l:)ro~riate fee Rh~ll h~ ~h~rnnH fnr ~r.h
Cl-/'y r .:- ,.:. -'
I,VE33..AND$ PRESENT YES ~,.
~I=RFI~TZOIglNG
~EQUESTED ZONING
NO
LAND USE DESIGNATION
LAND USE DESIGNATION
]:~_ASDN FOR THIS REQUEST
Io0o?-
-J'h~s ~pplication 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
/::)epar~e~t/JO determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten bu.siness days of application submittal. A written
z~,e ~3f app~catJon deficiencies shall be mailed to the applicant within ten business days of application.
'Th~slo cert'f[y 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 applicat, ion should be processed in my name and I am the party whom
1he City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
.tlzis applica~n ar,.d the fee owner has also signed this application.
1 'wql t<eep 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
author's, etlon to proceed with the study. The documents and information I have submitted are true and correct to the best of
~yJa'~ge. .
-J'he cttY'hna~ar. ~ot~es the applicant that development review cannot be completed within 60 days due to public hearing
~quireme ~d agency review. Therefore, the city is notiyng the applicant that the city requires an automatic 60 day
extension ]f~r developmeot review.~ Development review shall be completed within 120 days unless additional review
$i.g of Appli Date
$i.gr',a~re ~f Fee Owner Date
~~~ I:{er..,~Jved on C '- I'~r O ~ Fee Paid ~ ~-, cDReceipt No. ~ L,O ~ (,, ~ "~.
The appticant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
lf,rmt cor~tacted, a copy of the report will be mailed to the applicant's address.
Bob Generous, AICP
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
June 15, 2001
RE: Variance for parcel 25.0340200
Bob Generous,
The attached variance application is for the above parcel located at 1800 Flying Cloud Drive, Chanhassen.
The reason for this request is to move a 1350 square foot rambler to the property from 10002 77th Avenue
North, Maple Grove, MN. The rambler was built in 1975 and is in very good condition. I do understand that
there are updates required to bring the home to current code.
! purchased the property at 1800 Flying Cloud Drive in September 2000 for the purpose of developing a
personal residence and preparing for a retirement homestead. Since September 2000 1 have spent in excess
of $4000.00 removing accumulated junk and an existing house that was not fit for human habitat. The
property was not only an eye sore to the local community; it was also a safety hazard. I have applied a
considerable amount of personal effort and finances to clean up and improve this property.
I am requesting that the City of Chanhassen will review and approve a variance to allow a home to be
located on a 1.1-acre parcel as opposed to the 2.5-acre requirements placed on A2 zoning. I am aware there
are homes in the Chanhassen area that are on parcels less than 2.5 acres. The approval of this variance
would certainly improve the local community and create a positive impact on the City of Chanhassen. The
property update will blend very well with the local neighborhood: Without the approval, the property will
be left undeveloped and would place me in a financial dilemma.
Attached are the documents defining the location of the new house, septic, and well. As of this date, I have
Allan's Land Surveying in Shakopee creating the final survey documents. My intention is to move the
house to this location by the end of August.
If there are any questions or concerns about this request, call me at 1-800-823-0055 #8054 or my home at
952-361-6163. My home address is 2334 Manuela Dr., Chaska, MN 55318. Thank you for your help.
Denny~
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,-07.-2000 01:40 PI~
BALAM, HAM I D
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8124474274
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CITY OF
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ub~as m nt o
Q Denotes set or found iron pipe monuments
--,~_~,v Propo. sed..ga, rage floor elevation
W5 .4
Proposed top of block elevation
50,0
Proposed' lowest floor elevation
Denotes set wood hub and tack
~4;~..Denotes-exist£ng. elevation ...... '.~'''
(1~Denotes proposed finish grade elevation
zDenotes direction of surface drainage
I hereby certify that this is a true and correctlrepresentation.of asurvey Ofl the boundaries
of ~×~t~T vaaT~4%ll~,~,l~ h~0~ county. Minnesota as on file and of record
in the ~fice~of the County ~ecorder in and ~or said County~ also showing the pro~sed location
.
..........
.....
-
. .
of ~ house as staked thereon ....
That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota.
A1 lan "a. 'Has tings
Minnesota ~egistration No. 17009
212 Firsf Avenue E.
· ~ ' · SubJ~as~msnts of record tf any
~ ~notes set or found iron pipe monuments
-V~3,CJ Proposed .garage floor elevation
756.4
Proposed top of block elevation
-/50,0
Proposed lowest floor elevation
~- Denotes set wood hub and tack
.,..
Denotes existing, elevation -..
(~Denotes proposed finish grade elevation
Denotes direction of surface drainage
I hereby certify that this is a true and correct representation of a survey of the boundaries
~ ' .
of EXHIbit "~" (a S¢Crm~3r\,7',ll~,g,Z5, h¢0g~ County, Minnesota as on file and of record
in tim Office of the County Recorder in and for said County, also showing the proposed location
..
of a house as staked thereon, , ........
That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota.
Allan'R. Hastings
Minnesota Registration No. 17009
213 First Avenue E.
Suito No. C
Shakopee, Minnesota 55379
Phone ~ 445 4027 -...
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, AUGUST 7, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL:
Variance to Develop a
Parcel Less Than 2.5 Acres
APPLICANT: Denny Nystrom
LOCATION: 1800 Flying Cloud Drive
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Denny Nystrom,
is requesting a variance from the Agricultural Estate District (A2) regulations to develop a parcel less than 2.5 acres
with a single family home, 1800 Flying Cloud Drive.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project..
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Bob at 937-1900 ext. 141. 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 26, 2001.
/ /_
I Proposed Site
STEVEN M FINK
1915 STOUGHTON AVE
CHASKA MN
55318
M A GEDNEY COMPANY
PO BOX 8
CHASKA MN
55318
GARY W DUNGEY &
GARY L BROWN LLP
1900 STOUGHTON AVE
CHASKA MN
55318
DENNIS L & DANA L NYSTROM
2334 MANUELA DR
CHASKA MN 55318
ALBERT & AUDREY THOLEN
C/O ROBERT THOLEN
3620 EDGEHILL RD
CHASKA MN 55318
FENWAY LTD PTRSHP
BOX 260
CHASKA MN
55318
WILFRED H JR & KATHLEEN DAHL~
1705 FLYING CLOUD DR
CHASKA MN 55318
KENNETH J & SHARON B SCONBERG
1791 STOUGHTON AVE
CHASKA MN 55318
JOSEPH ROBERT MONNENS
1781 STOUGHTON AVE
CHASKA MN 55318