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2 Variance 425 Lakota Lane Futu~. StI~et~//~ Future Stree~ Wise Variance November 6, 2001 Page 2 APPLICABLE REGUATIONS Section 20-575(5) of the ordinance requires a 50 foot front yard setback for properties zoned A2. Section 20-72(b) states any detached single-family dwelling 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. BACKGROUND The Bluffview Addition was platted in 1958 with 5 lots. A .75 aCre piece of land was added to the northern line of Lot 5 giving it a total area of 1.75 acres. The subject home was built in 1982 with a 30- foot front setback. A bluff, located approximately 10 feet south of the home, severely restricted the buildable area on this lot. Staff surveyed city records and found that at least 4 of the 9 lots with existing homes on Lakota Lane do not meet front setback requirements (see Attachment 5 for front setbacks). The buildable area on the lots that do not meet setback requirements are all restricted by the presence of a bluff. On May 1, 1992 staff received an application for a house and a garage addition. Section 20-1401(b) of the zoning ordinance states on parcels of land which a building has been constructed on June 1, 1991, - the setback from the top of the bluff is 5 feet or existing setback, whichever is more. An existing deck maintains a 5 foot setback from the edge of the bluff. The proposed home addition was proposed 19 feet from the top of the bluff. The house addition was approved, The garage addition did not meet the required front yard setback, and was not approved. Currently, a majority of Lakota Lane meanders in and out of an existing 33 foot wide roadway easement. The roadway easement widens to a 50 easement at the western property line of the subject site. In 1999, a subdivision created two large lots (one lot & one outlot) north of Lakota Lane, just west of the subject property. As part of the 1999 subdivision, the applicant dedicated sufficient land for Lakota Lane to create a 60 foot wide right-of-way. It is staff's belief that for the future widening of Lakota Lane, land will be dedicated from the north so as not to impact the existing properties to the south. ANALYSIS The applicant is requesting an 8 foot variance from the 50 foot front yard setback to construct a 12 x 20 foot third stall garage addition. Currently, the existing home maintains a 30 foot front yard setback. Wise Variance November 6, 2001 Page 3 Staff had a difficult time with this request. Staff has always maintained that not having a third garage stall is not a hardship. The ordinance only requires a two-car garage with single-family structures. In this instance however there are existing standards and topographical features limiting building area that need to be considered. The code states, "Undue hardship means the property cannot be put to reasonable use because of its shape or topography." This development was platted prior to the adoption of our ordinance. As a result, using today's standards, the building area on several lots on Lakota Lane are restricted by the presence of a bluff that is located in the rear of the lots. In A-2 districts, the front setback is 50 feet, however on some of these lots there is minimal buildable area between the bluff and the front setback. On the applicant's property, maintaining a 50 foot front setback in conjunction with the required bluff setback would create an unbuildable lot. As a result, several of the properties on Lakota Lane have homes that were originally built with approximately 30 foot front setbacks. The code states, "A reasonable use is a use made by a majority of comparable property within 500 feet of the subject site." Considering the fact that several lots in this area have existing 30 foot setbacks, the subject site being one, it is not unreasonable to expect the applicant to maintain their existing setback of 30 feet. The proposed addition is set back farther than the rest of the house. It is staff's belief that existing standards do exist on this site. While not having a third stall garage is not a hardship, in this instance it is the existing setback and topographical features on site that create the hardship. The creation of one additional garage stall meets the existing conditions on site (30 foot setback). Except for the front yard setback, which we have found no documentation as to why a 30 foot setback was allowed, the garage stall would meet all other ordinance standards. Staff recommends approval of the variance application with conditions. 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 the ordinance does cause a hardship. Of the 9 properties on Lakota Lane, 7 have a bluff on site, and 4 of the homes with bluff on site extend into the Wise Variance November 6, 2001 Page 4 required front yard setback. This is a pre-existing neighborhood standard. The granting of these variances will not depart downward from these standards. The applicant would maintain the existing setback of 30 feet, while meeting all other ordinance standards. b. 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 this variance is based are applicable to lots on Lakota Lane. The majority of the lots in the other A-2 and RR districts throughout the City maintain the 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. Finding: The proposed addition may increase the value of the property, however, staff does not believe this is the sole purpose of the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created. The lot was platted prior to the ordinance, so the buildable area is insufficient for an average home. 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. The proposed variance will conform with established neighborhood standards. 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. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves the request for an 8 foot variance from the 50 foot front yard setback for the construction a 12 x 20 foot garage addition based upon the findings presented in the staff report and subject to the following conditions: Wise Variance November 6, 2001 Page 5 1. The applicant shall submit existing and proposed elevations for the garage addition. 2. The applicant shall show driveway access to garage addition. 3. The driveway may not be widened beyond the property line. 4. A detailed grading, drainage and erosion control plan shall be submitted" Attachments 1, 2. 3. 4. 5. 6. Application and letter Section 20-575(5), Lot Requirements and setbacks Section 20-72(b), nonconforming uses and structures Architectural design and site plan Front setbacks on Lakota Lane Public hearing notice and property owners g:\plan\j h\proj ects\variance\wise01-7 .doc ZONING § 20-576 (10) (11) (12) (13) (14) Reserved. Churches. Recreational beachlots. Group homes for seven (7) to sixteen (16) persons. Golf courses. (15) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 3(5-3-4), 12-15-86; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1, 9-26-88; Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90; Ord. No. 240, 8. 16, 7-24-95; Ord. No. 259, § 8, 11-12-96) State law reference--Conditional uses, M.S. § 462.3595. Sec. 20-575. Lot requirements and setbacks. The following minimum requirements shall be observed in an "A-2" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one-half (2¥2) acres, subject to section 20-906. (2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot frontage of lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the building setback line. (3) The minimum lot depth is two hundred (200) feet, except that 'lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the building setback line. .. (4) The maximum lot coverage is twenty (20) percent.. (5) The minimum setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. (6) The' maximum height is ag follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, three (3) stories/forty (40) feet. 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, § 3(5-3-5), 12-15-86; Ord. No. 170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11-93) Sec. 20-576. Interim uses. The following are interim uses in the "A-2" District: (1) Reserved. (7) Supp. No. 9 1207 § 20-60 CHAN~SEN 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. DIVISION 4. NONCONFORMING USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recogr~e 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 nonconforr~,~g 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. Ii' 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 oi' 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 sixmilar subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. ~upp. No. 4 1164 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT'. "7-7 ~ ~ I..,t~,$~ ADDRESS: ~[,Z)-~ //.R~f'~ /..~~ TELEPHONE (DaYtime) Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Interim Use Permit Non-conl~orming Use Permit Planned Unit Development* Rezoning Vacation of ROW/Easements /Variance Wetland Alteration Permit zoning Appeal- Zoning Ordinance Amendment Sign Permits Sign Plan Review Site Plan Review* Subdivision* Notification Sign _ X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VAC/VARNVAP/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 8W' X 11" reduced copy of' transparency for each plan sheet. - '* Escrow will be required for other applications through the development contract ~IOTE - When multiple applications are processed, th~ gppropriate fee shall be charged for each application. 09/18/U1 IU:Y-J ],,A..& 6iX PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING YES · ¢.,..,,/7 REQUESTED ZONING 5'* ,,,u_.. PRESENT LAND USE DESIGNATION _ "~'"'~/~ ~g~'""/7 REQUESTED LAND USE DESIGNATION .~',.~/~ ~'~""" ~7 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 procedu.ral 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 applibation 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 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 are approved by the applicant. Signature~ Application Received on ~l/t~/Ot Fee Paid 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. September 19, 2001 Tim Wise- 425 Lakota Lane Chaska, lvlR 5531 (952) 445-2513 SEP ~ 0 2001 CJTY OF C~ANi--./,~$SF__.,N Robert Generous / Planning Dept. City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: Application for Variance Dear Bob, Enclosed is my application for a variance to add a third stall to my existing home. Julie in the Planning Dept. called to inform me that I need to apply for a variance because my home is situated 30 feet from the front lot line. The garage addition applied for places the addition on the east side of the home and it will sit farther back from the street than where the current garage is located. Although the garage addition is within 44 feet of the front lot line (see registered survey attached to the building permit application), it will be 52 feet from the street. Our lot is located on the south side of Lakota Lane overlooking the Minnesota River Valley. Of the twelve homes on bluff side of the street, eight would require a variance today to build because they either are too close to the street or to close to the bluff. One vacant lot for sale on the street doesn't even have 75 foot building . platform but is advertised as a buildable property. We added an addition to the home in 1992 and the garage addition now proposed was approved then. The garage portion of the addition was delayed but we were told then that our 1992 addition was approved because it did not infringe on any current setback either towards the bluff or towards the street. Nothing has changed! The addition proposed is not out of the ordinary, does not infringe on the neighbor's property, does not cause any drainage problems and will enhance the property value. The problem with the set backs is not self induced and the City would typically grant a variance for building a new home on our lot had our current home not existed. As I mentioned, the neighborhood has many homes that do not meet setback requirements. A garage addition four doors to the west was approved last year and is less that 50 feet from the blacktop street. Another homeowner next door added an addition approximately 5 years ago without a variance and the home sits less than 30 feet from the street and up against the bluff. It would be discriminatory for the City to deny the variance since it would appear they are using a different standard than what has been previously approved in the recent past on my street. I have included with my request, the following items from the list that Julie faxed to me. 1. Application form. 2. Application fee for $75. 3. Evidence of ownership (properly tax statement). 4. Location Map. 5. List of neighbors within 500 feet. 6. The registered survey including the existing home, proposed addition and site elevations was included with the building permit application that Julie has. If you have any questions, please call me at H-445-2513 or W- 829-5404. Thank you for attention to this matter. Sincerely, Tim Wise ~Ro~IT ~'LEYA'T- i0 M ' ~ LT'v~T 10 k[ 4.'. // /..,,/ ',/ ~ L6'c::,OE To '1 I II (,r-.3 'q & crc / / ./ 1 { .' i / if o- / / / .- , ./ I !1 II F '"i correct representation of~ survey off[he boundaries of. Lot Fiva (5) of Blur~"vi~w Addition, accordimg to thc.map or ~?lat thereof on file ~nd of record in the office of the t~gister of D~ede. in an~ for C~l~r~r Coun~r, ginnesota. ,. Al~o: T~AC~ A: That Dar~ of. the North Half of Section Thir*.y-Six (36), No~ster~ ~r of ~o ~t ~e~ on ~e~ for ~t~ ~or ~ ~ o~ 3~'30" a ~st~ce of 36.38 feet; ~ce S~er~ a , , / ~- ~d Su~or, ~. Reg. No. 9587 ~ C ~W/ r~ ** -", ~ · ~ ~ -' V ~ ERTIFICATE OF ,u ey Wise, SCALEi I INCH = 40.00 FEET DENOTES IRON MONUMENT SET. o LIC. NO. 9587. · DENOTES IRON M OI",IU M E NT WILLIS L GILLIARD Civil Ensineer and I. mad Surveyor PO Box 17 - i 04 Central Avenue East St. Michael, Minnesota 55376 Telephone: i.763.497.3536 Fax: 1.763.497.3864 FOUND kO0~ OS ~o0 '~epsanl ~0~ 00~ 0 S)Ol eue-I elo)le-I uo S)lOeqles luoJ_-I L'L jeJoldx:ioJ¥ I1:1S3 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 6, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Variance for Construction of a Garage APPLICANT: Timothy Wise LOCATION: 425 Lakota Lane NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Timothy Wise, is requesting a variance to the front yard setback for the construction of a garage located on property zoned A2, Agricultural Estate and located at 425 Lakota 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 Julie 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 October 25, 2001. Smooth Feed SheetsTM Use template for 5160® THOMAS W & BEATRICE I ZWlERS 9390 267TH ST LAKEVILLE MN 55044 SCHUTROP HOMES INC 17808 FROMMES CIR MINNETONKA MN 55345 LONNIE FORD 450 FLYING CLOUD DR CHASKA MN 55318 RUSSELL & YVONNE BARTO 400 LAKOTA LN CHASKA MN 55318 JOHN B & JANE A PAUL TRUSTEES OF TRUST 9121 SABRE LN WESTMINSTER CA 92683 ALVIN R LEBENS 460 FLYING CLOUD DR CHASKA MN 55318 LOWELL & CLAUDIA CAMPBELL 415 LAKOTA LN CHASKA MN 55318 DEVAL U & DATTA D MEDH 535 LAKOTA LN CHASKA MN 55318 WALTER & MARTHA MOROZ 495 LAKOTA LN CHASKA MN 55318 LOREN P & HEIDI WHEELER · 445 LAKOTA LN CHASKA MN 55318 TIMOTHY M & VICTORIA A WISE 425 LAKOTA LN CHASKA MN 55318