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3 Variance 9203 Lake Riley BlvdCITY OF CHANHASSEN PC DATE: 9/2/2003 CC DATE: 9/22/2003 REVIEW DEADLINE: 10/13/2003 CASE #: Variance 2003-12 BY: KW STAFF REPORT PROPOSAL: A side yard setback variance for the construction of an addition. LOCATION: APPLICANT: 9203 Lake Riley Boulevard, Lot 17, 18 and 19, Shore Acres Patrick and Angela Simmons 9203 Lake Riley Boulevard Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential District, RSF 2020 LAND USE PLAN: Residential - Low Density ACREAGE: .58 Acres (25,124 ft2) SUMMARY OF REQUEST: The applicant is requesting a variance to encroach 3 feet into the required 10 foot side yard setback, maintaining a 7 foot setback. The existing structure is 8.8 feet from the side lot line. The eaves extend an additional 1.75 feet. The setback variance needs to include the eaves because ordinance does not allow eaves to extend into the setback if a variance is granted. 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 with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Variance 2003-12 September 2, 2003 Page 2 PROPOSAL SUMMARY The proposed addition is located along the northeast portion of the existing structure. It has dimensions of 6 feet by 36 feet of which 7.2 square feet of the proposed addition encroaches into the required setback. The existing structure is 8.8 feet from the side lot line, which is less than the 10 foot setback required by ordinance. The eaves on the house extend an additional 1.75 feet into the setback. The request is for a 7 foot side yard setback variance. The proposed addition is on the lakeside of the structure; however, it does not encroach into the 75 foot lake setback. The impervious surface coverage, including the proposed addition, is 17.4%. The maximum coverage allowed for property zoned Single Family Residential is 25%. Lake Riley APPLICABLE REGUATIONS 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: (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relocation 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 Variance 2003-12 September 2, 2003 Page 3 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 Shore Acres subdivision was approved by the County Commission in 1951. The average lot size in this subdivision is 50' x 100'. The applicant's property includes Lots 17, 18 and 19. On September 23, 1991, the Board of Adjustments and Appeals reviewed a front and side yard variance request (91-16) for the construction of an addition and a garage on the subject property. At that time, staff recommended denial of the variance, citing failure to find hardship. The front yard setback variance request was denied, but the side yard variance request was approved. The variance allowed the applicant to add a garage addition that extended directly from the north wall and kept the same side yard setback as the existing house, similar to the proposed addition. ANALYSIS Ordinance requires a 10 foot side yard setback. The existing structure is located 8.8 feet from the north (side) property line. The applicant wishes to expand the structure to the east, maintaining the existing nonconforming setback. The expansion will result in an intensification of a nonconforming situation. Staff realizes that the nonconforming portion of the expansion that will require the variance is trivial, however, in order to recommend approval of a variance, a hardship must exist. Staff contacted the applicant to verify the reason behind the variance. The homeowner explained that they wish to avoid interior angles. There are numerous setback variances in this neighborhood due to the fact that the homes were built in the 1950's, before the current regulations existed. This particular lot, however, is substantially larger than many lots in the neighborhood and does not have as many nonconforming issues. The proposed addition would not encroach into the lake setback nor would it exceed the impervious surface coverage limit. Based on aerial photographs and contour maps, staff believes that there may be a bluff in the southeast comer of the property. Should the Planning Commission choose to approve the variance, staff recommends that a Registered Land Surveyor examine the slope and determine if a bluff exists. Staff believes that the applicant has reasonable use of the property and is recommending denial based on lack of hardship. FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: Variance 2003-12 September 2, 2003 Page 4 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 this criteria. Finding: The applicant currently has reasonable use of the property. This lot is 25,124 ft2, which is larger than the minimum 20,000 ft2 required for riparian property zoned RSF. In addition, the house exceeds the minimum requirement for square footage for a singe family detached dwelling. 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 properties within the same zoning district conform to the side setback ordinance. In this particular neighborhood, numerous setback variances exist due to existing nonconforming lots and structures. C° 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 added square footage will potentially increase the value of the house; however, it is not the primary reason for completing the addition. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. It is possible to complete the addition and meet the setback requirements, although this design is not the applicant's first choice. The applicants wish to enlarge their recreation room and want to extend the addition straight out from the existing wall, avoiding interior angles. e° 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 should not have a negative impact on the public welfare or the neighborhood surrounding the property. fo 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 variance should not have an impact on the supply of light or air to the adjacent property nor will it have any effect on the congestion of public streets. The variance would Variance 2003-12 September 2, 2003 Page 5 not have any effect on the danger of fire or public safety and would not decrease property values in the area. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #2003-12 to allow a 7 foot side setback on the north side of the property for the following reasons: 1. The applicant has reasonable use of the property. 2. Failure to prove hardship." Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves variance #2003-12 to allow a 7 foot side setback on the north side of the property, with the following conditions: 1. A building permit must be applied for within one year of approval of the variance or the variance shall become void. 2. The addition must be built per plans submitted on August 15, 2003. 3. A Registered Land Surveyor shall examine the slope and determine if a bluff exists. If it is found that a bluff exists, the survey must incorporate the top, side, impact zone and bluff setback. 4. Show all existing easements within the property lines on the survey. 5. Type III silt fence will need to be installed in the rear yard of the property to prevent excavated material from going into the lake. Show this on the survey. 6. Show where the excavated material for the new foundation will be placed. If the material will stay on-site, proposed and existing contours are needed on the survey." Attachments 1. Application 2. Public hearing notice/labels 3. Survey showing proposed addition 4. Description of Request for variance submitted by applicants 5. Lake side elevation of proposed addition 6. Partial lower level plan 7. Partial main floor plan CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION ADDRESS: t~ZO~ TELEPHONE (Daytime) OWNER: ADDRESS: TELEPHONE: AJ~ 1 F 2003 CiTY O~ C',H,;,,N !,!ASS Ei",. __ Comprehensive Plan Amendment __ Temporary Sales Permit Conditional Use Permit Interim Use Permit Vacation of ROW/Easements Variance __ Non-conforming Use Permit Wetland Alteration Permit __ Planned Unit Development* __ Zoning Appeal __ Rezoning Zoning Ordinance Amendment __ Sign Permits __ Sign Plan Review __ Notification Sign Site Plan Review* Subdivision* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNARAN AP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ ,~_(;O - A list of all property owners within 500 feet of the boundaries of the property must be included with the application. ~ ~¢~,.~.¢~;,~ ~ ~ C,".~.) C 5','¢ b/iC~'i¢. ~C~ ~ Building material samples must be submitted with site plan reviews, *Twenty-six full size folded copies of the plans must be submitted, including an 8Y~" X 11" reduced copy 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 LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT YES NO PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ~o ! 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. 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 extensions are approved by the applicant. Sig~e Owr~er Application Received on ~'-]5 ¢~ Fee Paid ¢~0 shall be completed within 120 days unless additional review Date Receipt No. j~)~L) 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. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 2, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Variance for an Addition APPLICANT: Patrick & Angela Simmons LOCATION: 9203 Lake Riley Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Patrick & Angela Simmons, are requesting variances for the construction of an addition located at 9203 Lake Riley Blvd. 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 Kristin at 227-1132 or e-mail kwentzlaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 21,2003. . Lake Riley 9203 Lake Riley Blvd. KLINGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA MN 55318 RONALD S & JEANETTE K BACKER 9101 LAKE RILEY BLVD CHANHASSEN MN 55317 J P JR & JUDITH M HUNGELMANN 9117 LAKE RILEY BLVD CHANHASSEN MN 55317 NORTH BAY HOMEOWNERS ASSN INC 2681 LONG LAKE RD ROSEVILLE MN 55113 JOHN G & KAREN L WEDIN 9101 SUNNYVALE DR CHANHASSEN MN 55317 JOHN B JR & MARLYN G GOULETT 9119 LAKE RILEY BLVD CHANHASSEN MN 55317 LAKEVIEW HILLS LLC 12400 WHITEWATER DR 8140 MINNETONKA MN 55343 KLAY C & LESLIE A AHRENS 9108 SUNNYVALE DR CHANHASSEN MN 55317 JONATHAN D & SARA E WORRE 300 SHOREVIEW CT CHANHASSEN MN 55317 LAKEVIEW HILLS LLC 12400 WHITEWATER DR 8140 MINNETONKA MN 55343 JAMES L TONJES C/O GENERAL MILLS INC-B BARNES PO BOX 1113 MINNEAPOLIS MN 55440 BRUCE & MICHELLE L REINHART 294 SHOREVIEW CT CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD CHANHASSEN MN PO BOX 147 55317 THOMAS H & FELICIA R LINDQUIST 9107 SUNNYVALE DR CHANHASSEN MN 55317 GARY D & DANISE L MCMILLEN 9151 SUNNYVALE DR CHANHASSEN MN 55317 JOAN M LUDWIG 9005 LAKE RILEY BLVD CHANHASSEN MN 55317 KEITH A & JULIE C MENZEL 9116 SUNNYVALE DR CHANHASSEN MN 55317 RICHARD D & FRIEDA A OLIN TRUSTEES OF TRUST 9125 LAKE RILEY BLVD CHANHASSEN MN 55317 LAURA MARIE COOPER 9015 LAKE RILEY BLVD CHANHASSEN MN 55317 MICHAEL J & MICHELLE M KELLOGG 9124 SUNNYVALE DR CHANHASSEN MN 55317 RONALD P LtLEK & MARY M BENNETT-LILEK 9155 SUNNYVALE DR CHANHASSEN MN 55317 NORMAN C JR & KIMBERLY GRANT 9021 LAKE RILEY BLVD CHANHASSEN MN 55317 ROBERT J & KATHY J BEERY 9132 SUNNYVALE DR CHANHASSEN MN 55317 JOHN K& LESLIE G CADLE 301 SHOREVIEW CT CHANHASSEN MN 55317 DELBERT R & NANCY R SMITH 9051 LAKE RILEY BLVD CHANHASSEN MN 55317 SCOT T & NiCOLE J JOYNT 9113 SUNNYVALE DR CHANHASSEN MN 55317 DAVID G & NANCY A SOLIDAY 291 SHOREVIEW CT CHANHASSEN MN 55317 RAYMOND M & JUDITH N LEWIS 9071 LAKE RILEY BLVD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD CHANHASSEN MN PO BOX 147 55317 JOHN R & JODI AANFINRUD 295 SHOREVIEW CT CHANHASSEN MN 55317 DAVID A DUHAIME 9131 LAKE RILEY BLVD CHANHASSEN MN 55317 LELAND G SAPP & DIANE K TAYLOR 9209 LAKE RILEY BLVD CHANHASSEN MN 55317 JOY A & HILBERT F SMITH 9243 LAKE RILEY BLVD CHANHASSEN MN 55317 RICHARD D & JOANNES SENGER 300 DEERFOOT TRL CHANHASSEN MN 55317 CURTIS G KRIER 9211 LAKE RILEY BLVD CHANHASSEN MN 55317 SUNNYSLOPE HOMEOWNERS ASSN C/O LESLIE TIDSTROM 340 DEERFOOT TRL CHANHASSEN MN 55317 ROBERT D & KRISTIN S REBERTUS 320 DEERFOOT TRL CHANHASSEN MN 55317 SCOTT ALAN WIRTH & TERESA A KELLY 361 DEERFOOT TRL CHANHASSEN MN 55317 PAUL KENT OLSON 9239 LAKE RILEY BLVD CHANHASSEN MN 55317 DONALD W & KATHRYN N SITTER 9249 LAKE RILEY BLVD CHANHASSEN MN 55317 SUNNYSLOPE HOMEOWNERS ASSN C/O LESLIE TIDSTROM 340 DEERFOOT TRL CHANHASSEN MN 55317 DENNIS R & ANN BAKER 9219 LAKE RILEY BLVD CHANHASSEN MN 55317 PAMELA N GUYER 340 DEERFOOT TRL CHANHASSEN MN 55317 DALE B & DIANE KUTTER TRUSTEES OF TRUST 301 DEERFOOT TRL CHANHASSEN MN 55317 THOMAS J & SUE A SUTER 11397 WELTERS WAY EDEN PRAIRIE MN 55347 ROBERT M & NORA J MURRAY 360 DEERFOOT TRL CHANHASSEN MN 55317 THOMAS EDWARD KREAGER & VALERIE ADAMS KREAGER 321 DEERFOOT TRL CHANHASSEN MN 55317 DEAN SCOTT JOHNSON 9235 LAKE RILEY BLVD CHANHASSEN MN 55317 PATRICK E & ANGELA D SIMMONS 9203 LAKE RILEY BLVD CHANHASSEN MN 55317 STEVEN A & PATRICIA A SEKELY 341 DEERFOOT TRL CHANHASSEN MN 55317 FREDERICK POTTHOFF III & JUDITH C POTTHOFF 9231 LAKE RILEY BLVD CHANHASSEN MN 55317 BARRY A & HARRIET F BERSHOW 9271 KIOWA TRL CHANHASSEN MN 55317 ROBERT J & LAURA B EVANS 331 DEERFOOT TRL CHANHASSEN MN 55317 JAMES G & LAURA B HAMILTON 9225 LAKE RILEY BLVD CHANHASSEN MN 55317 TODD W & JILL PORTER 9261 KIOWA TRL CHANHASSEN MN 55317 GREGORY L & KELLY R HASTINGS 9217 LAKE RILEY BLVD CHANHASSEN MN 55317 RONALD W & ELIZABETH C YTZEN 9227 LAKE RILEY BLVD CHANHASSEN MN 55317 PETER PEMRICK JR & WENDY L EGGERS 9251 KIOWA TRL CHANHASSEN MN 55317 CRAIG GRANLUND 9245 LAKE RILEY BLVD CHANHASSEN MN 55317 CRAIG W & KATHRYN HALVERSON 9283 KIOWA TRL CHANHASSEN MN 55317 CRAIG W & KATHRYN HALVERSON 9283 KIOWA TRL CHANHASSEN MN 55317 RICHARD J CHADWICK 9530 FOXFORD RD CHANHASSEN MN 55317 WILLIAM T & CAROL ANN GRAY 50 PIONEER TRL CHANHASSEN MN 55317 STEVEN A & RENEE A WILLIAMS 9291 KIOWA TRL CHANHASSEN MN 55317 DENNIS M & NANCY M MILLS 9510 FOXFORD RD CHANHASSEN MN 55317 MICHAEL J REILLY & LISA A REILLY 9701 MEADOWLARK LN CHANHASSEN MN 55317 SUSAN MARIE BABCOCK 9351 KIOWA TRL CHANHASSEN MN 55317 LAKE RILEY WOODS HOMEOWNERS C/O PAUL MARTIN 9610 FOXFORD RD CHANHASSEN MN 55317 STEVEN F & KATHLEEN M BURKE 9591 MEADOWLARK LN CHANHASSEN MN 55317 PETER C & GEORGE-ANN LILLIE 9355 KIOWA TRL CHANHASSEN MN 55317 PETE P & JOYCE L PETER 9490 FOXFORD RD CHANHASSEN MN 55317 MICHAEL T & TERESA A MONK 9671 MEADOWLARK LN CHANHASSEN MN 55317 EDWIN MICHAEL DOMKE 9361 KIOWA TRL CHANHASSEN MN 55317 BRIAN E & TRACY S BELLOWS 9470 FOXFORD RD CHANHASSEN MN 55317 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 JOHN W & BEVERLY J BELL 9371 KIOWA TRL CHANHASSEN MN 55317 WILLIAM S HENAK & KRISTIN ALLERS 280 EASTWOOD CT CHANHASSEN MN 55317 GAYLE M & RICHARD P VOGEL TRUSTEES OF TRUST 105 PIONEER TRL CHANHASSEN MN 55317 MARK A & PAMELA K MOKSNES 9381 KIOWA TRL CHANHASSEN MN 55317 WILLIAM S HENAK & KRISTIN ALLERS 280 EASTWOOD CT CHANHASSEN MN 55317 JOYCE E KING 9391 KIOWA TRL CHANHASSEN MN 55317 LINDA CAZIER 240 EASTWOOD CT CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 DONALD H III & DIANE M KENNEDY 108 PIONEER TRL CHANHASSEN MN 55317 PAMELA A O'NEILL 9550 FOXFORD RD CHANHASSEN MN 55317 ELDON L BERKLAND & WENDY NELSON BERKLAND 10 PIONEER TRL CHANHASSEN MN 55317 CARDARELLE & ASSOCIATES, inc. 941-3031 Land Surveyors Eden Prairie, MN 55344 Certificate of Survey Survey For D'~Y k ~ Book 26L~ Page 39 . File 525? ~ APPROVED '~. /~' N~ -~' '- ' '~,~',k,o&~ D~P~: ~ /E ~E~/ ~ ~,.- ~' [~C~ ' DATE: any, trom or o~ ~¢¢ ~. , ..... . , __, :~:~:::SS~ATES, INC. ' STATF RFG NO 6508 Descriotion of Rerluest for Variance Simmons 9203 Lake Riley Blvd Chanhassen, MN 55317 N ............................................................................... Curren:t..Lot..Line .......................................................................................................................... <10ft Current home and foundation Existing walls Variance request Request is to extend current foundation approximately 6 feet to the East. New foundation would be connected to and consistent with the existing foundation. Thank you for the consideration. Pat and Angela Simmons ! r