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1 VAR 6728 Lotus TrailCITY OF PC DATE: 6/2/98 CCDATE: CASE #: VAR 99-3 By: Kirchoff:v STAFF REPORT Z PROPOSAL: LOCATION: APPLICANT: 1) A request for a 12 foot variance from the 30 foot front yard setback for the construction .of an addition; 2) A request for a 3 foot variance from the 10 foot side yard setback for the construction of an addition; and 3) A request for a variance from the bluff setback for the construction of an addition. 6728 Lotus Trail (See Attachment 1) Todd Frostad 6728 Lotus Trail Chanhassen, MN 55317 253-8336 PRESENT ZONING: ACREAGE: DENSITY: RSF, Single Family Residential Approximately 30,000 sq. 'ft. N/A ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: N' S: E: W: RSF, Single Family Residential RSF, Single Family Residential Lotus Trail and Lotus Lake RSF, Single Family Residential Available to the site The site contains an existing home with a deck located on extreme slopes. The site is a portion of a larger bluff. The area of the existing home probably was graded in the past. 2000 LAND USE PLAN: Low Density Residential ~ ')r I I Lotus Lak~ Ponce dne/ WooRCld Frostad Variance June 2, 1999 Page 2 APPLICABLE REGULATIONS Section 20-615 (5) (a) requires a 30 foot front yard setback for structures in the RSF zoning district (Attachment 2). Section 20-615 (5) (c) requires a 10 foot side yard setback for structures in the RSF zoning district (Attachment 2). Section 20-908 (5) states that variances granted from a required setback are not entitled to any encroachments including eaves (Attachment 3). Section 20-481 (f) states that structures within the shoreland district may not exceed 35 feet in height (Attachment 4). Section 20-1 defines shoreland as land located with 1,000 feet from the ordinary high water level of a lake (Attachment 5). Section 20-1401 (b) states that on parcels of land on which a building has already been constructed on dune 1, 1991, the setback from the top of the bluff is 5feet or the existing setback, whichever is more, for additions to an existing building (Attachment 6). Section 20-72(a) states that 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 (Attachment 7). Section 20-72(b) states that ifa setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements (Attachment 7). BACKGROUND Crower Beach was platted in 1927. This is one of the oldest and most unique residential neighborhoods in the City. The lots are generally 20 feet in width and about 100 feet in depth (depending on topography and physical features). The lots, although originally intended for cottages or summer cabins, have been combined to accommodate single family homes. The size and shape of some of the lots, as well as the topography, makes locating a home or an addition difficult at times. Hence, many variances have been granted in this area. Although many of these variances were for lot area, not setbacks. Without these variances, the owner could not make a reasonable use of the property. Frostad Variance June 2, 1999 Page 3 Many variances have been granted in the Carver Beach area to allow a reasonable use of the property. The subject property was granted a variance in 1986 for the construction of a detached garage and deck. The fact that the property is located in Carver Beach does not guarantee or warrant a variance. Many properties enjoy a reasonable use while maintaining required setbacks. The subject property is an irregular shaped lot and does have topographic challenges. It is a total of 18 lots and a portion of Willow Road right-of-way. The original 2-story, 26 foot by 20 foot log cabin was constructed in 1979. In 1986, a variance was granted to permit the construction of a detached garage and deck/gazebo. During the next year a bedroom and family room addition were constructed. The steps from the garage to the home were reconstructed in 1993. ANALYSIS The applicant is requesting a 12 foot variance from the 30 foot front yard setback and a 3 foot variance from the 10 foot side yard setback for the construction of a 20 foot by 46 foot (920 sq. ft.) addition. Both setbacks have been reduced by 2 feet to accommodate eaves. The zoning ordinance does not permit any encroachments, including eaves, into setbacks that have received variances. Therefore, the setback is measured from the edge of the eave. (Staff is assuming the eaves will be a maximum of 2 feet.) Staff is also requiring a variance from the bluff setback. The existing structures are located in the bluff and maintain no setback. According to a survey on file with the City, the site has extreme elevation changes in the location of the proposed addition (actually, the entire site is an extreme elevation change). The elevation is 924 near the existing driveway and 949 at the existing front entrance. This is an elevation change of 25 feet and a distance of 51 feet, which equals a 49 percent slope. The zoning ordinance only requires a 30 percent slope to be deemed a "bluff." If this variance is approved, a condition of approval would be that a survey be prepared by a licensed surveyor. The surveyor will scientifically determine if a bluff exists on the property. However, based on the contour maps and a survey on file with the City, staff believes that a bluff exists on this site. (This steep slope is believed to be part of a larger bluff located to the west and south.) Another condition would be that the foundation be designed by a structural engineer. This condition is based upon the existing extreme elevation changes just to the west of the proposed addition. Currently, an existing retaining wall supports the soil. The addition will also have to comply with the shoreland regulations. Theses regulations limit the height of a primary structure to 35 feet within 1,000 feet of the ordinary high water level of Lotus Lake. Front and Side Yard Variances The applicant would like to construct an addition which protrudes in the required front and side setbacks. Since the property is a compilation of 18 lots, it is irregular in shape. The property line Frostad Variance June 2, 1999 Page 4 directly behind (or west) of the existing home is a side yard. The rear property line is abutting Lots 1998 and 1164. The proposed addition would maintain the front yard setback established by the existing deck, which maintains a 20 foot setback according to the survey on file. However, the zoning ordinance requires the setback to be measured from an encroachment so staff is decreasing the setback to 18 feet, assuming the future eave will be 2 feet. The existing gazebo and the upper portion of the exterior stairs are proposed to be removed for the addition. The lower set of stairs will remain as access from the garage to the home. The site is proposed to be graded for the new entrance on the lower level. Currently, the home is accessed from the main level. In 1986, staff recommended approval of the variance for the deck/gazebo. However, this recommendation was based on misinformation. That is, the site plan submitted with the application depicts the deck as meeting the required 25 foot setback (decks can encroach 5 feet into a required front, side and rear setback) and the gazebo only encroaching an. additional 5 feet. Staff believes that the report would not have been so favorable had a survey been prepared indicating the true setbacks. The main portion of the deck was constructed to maintain a 20 foot setback and the gazebo only a 12.5 foot setback. Permitting the addition to encroach into the front yard setback would be increasing the non- conformity. There is no a reason why the addition cannot maintain the required 30 foot front yard setback. According to an existing survey, the existing home is approximately 32 feet from the property line abutting Lotus Trail. The interior plans indicate that a bedroom is proposed in the addition toward Lotus Trail. The bedroom could be located over the proposed addition on the rear of the home, where it is open to below. The western portion of the addition encroaches into the 10 foot side yard setback 1 foot. If the rear room is reduced to 13 feet from 14 feet it should meet the required 10 foot setback. Many of the homes in Carver Beach do not meet all of the required front, side or rear yard setbacks because the subdivision was platted when Chanhassen was a township. However, this does not justify recommending approval of this application. Also, many of the lots do not meet the minimum dimensions for RSF lots. This property does. Staff surveyed building files for parcels surrounding the subject site. The following table provides a summary. TABLE 1 SETBACKS IN CARVER BEACH Address Front Yard Setback Side Yard Setback 6680 Lotus Trail 30' 10'+ 6724 Lotus Trail 9' 10' 6728 Lotus Trail 12.5' 17' 6730 Lotus Trail no survey Frostad Variance June 2,1999 Page 5 6780 Lotus Trail 746 Carver Beach Rd. 750 Carver Beach Rd. 760 Carver Beach Rd. no survey 37' 10'+ no survey 18'+ 10'+ It must be mentioned that when this home was constructed in 1979, the zoning ordinance required a 30 foot front yard setback and 10 foot side yard setback. The majority of the new homes constructed within the City just meet the 30 foot front yard setback and one of the 10 foot side yard setbacks. Basically, any expansion would have to take place in the rear yard. This application is not so unusual as to warrant a variance from either the front or side yard setback. Bluff Setback The bluff protection ordinance states that the setback is 5 feet from top of the bluff or the existifig setback, whichever is more, for additions to a building that existed on June 1, 1991. Since the existing structure does not maintain any setback from the top of the bluff, a 5 foot setback will be required. Requiring a 5 foot setback would be impossible since the top of the bluff is probably Carver Beach Road. Staff believes that a bluff exists between Carver Beach Road and Lotus Trail. According to the City contour maps, the elevation of Carver Beach road (or the top of the bluff) is 990 and Lotus Trail (or the toe of the bluff) is 930. This is a 60 foot elevation change over a distance of 200 feet. Thus, a 30 percent slope. It would be impossible to maintain any bluff setback on this site and still construct an addition within the required setbacks, so staff supports a variance from this requirement. Variance 86-7 In 1986, this property was granted a 25 foot variance from the 30 foot front yard setback and a 10 foot variance from the 30 foot front yard setback. (At that time, the site was a comer lot.) The subject property abutted both Lotus Trail and Willow Road right-of-way. Willow Road was actually a "paper street" because it existed only paper and was never built. The right-of-way was vacated in 1986. Neither the deck nor the garage were built according the setbacks required in the variance application. The deck/gazebo were to maintain a 20 foot front yard setback when the survey indicates that it is only 12.5 feet from the property line abutting Lotus Trail. The garage was to be constructed 5 feet from the property line abutting the Willow Road right-of- way, but the garage extends 5 feet into the right-of-way. This is the reason staff will require a survey if the variances are approved and prior to the issuance of any building permits. Frostad Variance June 2, 1999 Page 6 The applicant can construct an addition within the required front and side yard setbacks, therefore, a hardship does not exist. Staff does not recommend approval. However, it would be impossible for the applicant to construct an addition within the required setbacks without obtaining a variance from the bluff protection setback. Staff recommends approval of the bluff protection setback variance to permit construction within a bluff and within required front and side setbacks and denial of the front and side yard setback variances. 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: 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 has a reasonable use of this property. The request for the front yard setback variance will increase the non-conformity of the setback and will depart downward from variance granted in 1986. Furthermore, the applicant can construct an addition within the required setbacks without obtaining a variance from the front and side yard setback requirements. The variance from the bluff protection setback is needed for the applicant to construct any addition on the site while maintaining the required setbacks. 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 request is based are applicable to all properties in the RSF zoning district. 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 will certainly increase the value of the parcel significantly, staff not believe this is sole purpose of the request. Frostad Variance June 2, 1999 Page 7 d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. The application created the hardship, that is, an addition should be designed to maintain the required setbacks. The applicant can construct an addition within the required setbacks. 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. Finding: The granting of the variance for the front yard setback will expand a nonconformity, when it is not necessary to make a reasonable use of the property. 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. However, the front yard setback variance will increase the nonconformity of the setback. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission denies the request for a 12 foot variance from the 30 foot front yard setback and a 3 foot variance from the 10 foot side yard setback for the construction of an addition based upon the findings presented in the staff report. " "The Planning Commission approves the request for a variance (99-3) from the bluff protection setback for the construction of an addition within the required setbacks subject to the following conditions: 1. The applicant shall submit a survey prepared by a licensed land surveyor at the time of building permit. 2. A detailed grading, drainage and erosion control plans shall be submitted to the City for review and approval prior to the issuance ora building permit. 3. Type III erosion control must be maintained until all vegetation has been restored. Frostad Variance June 2, 1999 Page 8 4. The foundation shall be designed by a structural engineer." ATTACHMENTS: 1. Application and Letter 2. Section 20-615, RSF District Requirements 3. Section 20-908, Yard Encroachments 4. Section 20-481, Shoreland Regulations 5. Section 20-1, Definition of Shoreland 6. Section 20-1401, Bluff Protection Setback 7. Section 20-72, Nonconforming Uses 8. Site Plan 9. Property Owner List 10. Letter from Neighbor \\cfsl\vot2\plan\ck\boa\frostad 99-3 var.doc 83/85/99 1S~4G:ZS G12-937-5739-> G1283011S4 M612 Page S CITY OF CHANHASBEN 690 COULTER DRIVE CHANHA88EN, MN (6t2) 037.1000 DEVELOPMENT REVIEW APPLICATION OWNER: ADDRESS: TELEPHONE: _. RECEIVED MAY 0 4 !999 CITY OF CH^NHASSEN . . Comprehensive Plan Amendment Temporary 8alee Porrnlt Conditional Uae Permit .... Vacation of ROW/Easements Intedm Ule Permlt ; N0n.<~oniormlng Uae Permit -.----- Planned Unit Development* Wetland Alteration Permit , Zoning Appeal ' Rezonlng Zoning Ordinance Amendment . Sign Permits Sign Plan Review ~ Notlllcatlon Sign , Site Plan Review' i' SulxllvllIon" X Eeorow for Filing FeeU'Attomey Cost" ($50 C U PIS P P, JVAC/VAR/WAP/M eta ~ and Sounds, S400 Minor SUB) TOTAL FEE $.. :i~%- c,~ ,, A Ilar of all proper~ owner~ within 800 foot of (he boundaries of tho property muir bo Included wlth the epplledllon, Building material samples must be eubmlltod with elto plan reviews, · Twenty4lx full elz:e folded copies of the plane must bo submitted, Inoludlng en 6W'X 11" reduced oopy of transparenoy for eaoh plan sheet, ; · * Escrow will be required for other applications through tho development contract NOTE - W'nen multiple applications are processed, the appropriate fee shall be charged for each application, 83/85/99 15:46:44 612-937-5739-> 6128381154 M612 Page 6 PROJECT NAME ' LOCATION _~'-'-~ 7_.~.~ LEOAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONINQ REQUESTED ZONING PRESENT LAND USE DESIGNATION ~',~('~ ~.. REQU£STED LAND USE DESIGNATION %~o,~ REASON FOR THIS REQUEST k&/ NO ~YE8 Thls application must be completed In full and be tTpewrltton or Clearly printed end must be accompanied by all Information end plane required by applicable City Ordinance provisions. Before filing this appllcallon, you should confer with the Planning Department to determine the specific ordinance and procedural requlrements applicable to your application. A determlnatlon of completeness of the application shaft be made within ten business days of appllcatJon submittal, a written notice of application deficiencies shall be mailed to the applicant within lan buslnos~, days of application. This la to oertl~ that I am making application for the do~crlbed action by the City and that I ~m responsible for complying with all Oily requirements with regard to this request. This appllcatJon should be processed In my name and I am the party whom the City should contact regarding any mat~er pertaining to this application. I have a~¢had a copy of proof of ownemhlp (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchal~e agreement), or I am the authorized person to make this eppllcatlon and the fee owner has also signed this application. I wl[I keep myself Informed of the deadlines for submlsslon of material and the progress of this application, I further understand that ~.ddltlonal fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization l0 proceed with the stud)'. The document~ and Information I have submitted are true and'cch'eot to the beet et my I;;nowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requlrement~ and age?c~yJ'evlew.-Tha.~fore, the cll~ I~ notlfl/Ing the applicant that the city requires an automat, lo O0 day extension for d~elo'~.ment review. Development review shall be completed wlthln t20 days unless additional review extensions ere ~ed by tho applicant, ~]gnlltu~_~of Appll~.,~ . . signature of Fee Owner Date Appllcatlon Received on ~/-~ ~'~ Fee Pald "~ The appllaant ehould contact stall/or a copy of the staff roped, which will be available on Frlday prior to the meeting. If not contacted, a copy of the repol't will be mailed to the appllcerl~'l~ .address, April 21, 1999 City of Chanhassen Planning Department 690 City Center Drive Chmfl~assen, MN 55317 RECEIVED MAY 0 1999 CITY O/"- CHANHASSEN Re: Request for variance This is a formal written request for a variance to proceed with planned construction of an addition to my home at 6728 Lotus Trail, Chanhassen, MN 55317. This letter is my attempt to address the general conditions for granting a variance as defined under Section 20.58 of the Chanhassen City Code. The code indicated that" A variance may be granted by the board of adjustments and appeals or the city council only if all of the following criteria are met:" l) That the literal enforcement of this chapter would cause 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 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 these pre- existing standards without departing downward from them meet this criteria. My need in getting this variance granted stems from several major problems with the property and my needed use of it. The current property has 40 exterior steps from the garage to the front door and has only ' two bedrooms. That was fine when it was just my wife and I but now I have my 84 year old grandfather living with us and he is having a lot of trouble going up the exterior stairs to the front door, not to mention the added flight of stairs inside that is required to reach his bedroom. My second problem with the 40 steps required to access the house is the fact that my wife is now pregnant and I can only imagine how difficult it will be for her to access the house during her 8th and 9th months as well as after the baby is bom carryh~g him or her up the stairs. The plan that I am requesting variance for would allow me to construct a entrance to the property with only 20 exterior stairs and a lower level bedroom for my grandfather. 2) That the conditions upon which the petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The property I own is unique in that it is the only property that has such a severe vertical distance between the driveway and the front door. 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. I am purely trying to add the additional needed bedrooms and to help both nay grandfather and my pregnant wife out by creating a easier entrance to my home. 4) That the alleged difficulty or hardship is not a self created hardship. I won't try to argue that nay wife getting pregnant would not constitute a "self created" hardship but I will admit that because this is our first, I had not thought thrqugh the potential problems this property may face me in the future when I bought it 3 years ago. (I was single at the time). I will point out though that I had no idea that my grandfather would end up living with me and that the property I purchased would create such a problem for him. 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. I have discussed my plans with most of my neighbors and have not heard anything negative. If in fact someone perceived that the granting of this variance it would be a negative, I would be happy to discuss options that would help avoid problems perceived or otherwise. 6) That the proposed variation will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. The plans I have for the addition to my home would be offofthe north end of the house which would not affect light or air supply of anyone. I do not see any way that my plan would create a public hazard or diminish property valne in any way. In summary I am asking for a 10 foot front yard set back variance from Lotus Trail for the construction of a lower entrance and bedroom to my home. The section of my property that will be affected by the construction is the same part of the property that a variance was granted for on May 20, 1986 for the construction of a deck and gazebo. The gazebo will be removed in order to make room for my planned lower entrance and bedroom. Hopefully each person reading this request will come to the same conclusion that I did. If the city saw fit to grant a variance on this property for the construction ora deck, I don't see ~x'l~).' they would not grant one that would allow me to create a better home (access and bedrooms) for my wife, child and my grandfather. That~ you for you consideration. Sincerely/,~--' Todd Frostad 6728 Lotus Trail Chanhassen, MN 55317 612-470-8652 home 612-253-8336 work § 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 i]f~y (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. i20 as § 20-595 have been redesignated as § 20-596. Secs. 20-597--20-610. Reserved. ARTICI,E XII. '~RSF" SINGLE-FA_M~Y 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 CI/~f CODE illustrated below. (3) Lot~ Where Front=ge I~ Me&$ured At 8etb~=k Une 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 Fro7 Lot Line / I I I I lO0/Lot Width~l I I I fl I I "~ """* I I I I I L -- L..-._L ...I (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: X4/a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING § 20-632 (6) (7) For side yards, ten (10) feet. setbacks for lots served by private driveways and/or neck lots are as follows: 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. 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) Sees. 20-617m20-630. Reserved. ARTICI.E 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 ZONING § 20-908 increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district. (Ord. No. 80, Art. VI, § 10, 12-15-86) Sec. 20-908. Yard regulations. The following requirements qualify or supplement district regulations. Yard measurements shall be taken from the nearest point of the wall ora building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (2) Ayard, court, or other open space of one (1) building used to comply with the provisions of this chapter shall not again be used as a yard, court, or other open space for another building. (3) Except as provided in the business, industrial, and office districts, the front yard setback requirements shall be observed on each street side of a corner lot; provided, however, that the remaining two (2) yards will meet the side yard setbacks. (4) On double frontage lots, the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street. (5) The following shall not be considered to be obstructions ~(variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two (2) feet, six (6) inches; fire escapes may project a distance not exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three (3) feet; unenclosed decks and patios may project a distance not exceeding five (5) feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an inter/or lot line, subject to the limitations cited above. c. Porches that encroach into the required front yard and which were in existence on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard. d. Subject to the setback requirements in section 20-904, the following are permitted in the rear yard: enclosed or open off-street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and one-story bay windows may project into the rear yard a distance not to exceed five (5) feet. Supp. No. 10 1233 ZONING § 20-1 Retail sales means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Roadside stand means a stand located adjacent to public right-of-way for the sale of agricultural produce. Satellite dish means a combination of: (1) Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and (3) A coaxial cable whose purpose is to carry the signals into the interior of the building. Satellite dish height means the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to ground level. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback means the minimum horizontal distance between a structure and the nearest property line or roadway easement line; and, within shoreland areas. Setback also means the minimum horizontal distance between a structure or sanitary facility and the ordinary high water mark. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Chapter 19, Article IV of the City Code. Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shopping center means an integrated group of commercial establishments planned, devel- oped, and managed as a unit, with off-street parking facilities provided on-site. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback. ~ Shoreland means land located within the following distances from public waters: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. Supp. No. 9 1153 § 20-481 CHANHASSEN CITY CODE sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. ~..eight of structures. All structures in residential districts, except churches and nonres- idFl~tial agricultural structures, shall not exceed thirty-five (35) feet in height. (Ord. No. 217, § 4, 8-22-94) Sec. 20-482. Shoreland alterations. (a) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (b) Vegetation alterations. (1) Ve, getation alteration necessary for the construction of structures and sewage treat- ment systems and the construction of roads and parking areas regulated by section 20-484 of this article are exempt from the following vegetation alteration standards. (2) Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conver- sion to another use outside of these areas is allowable if permitted as part of a development approved by the city council as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil' and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraf~ access areas, and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced; 2.Along rivers, existing shading of water surfaces is preserved; 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and 4. The clearing be limited to a strip thirty (30) percent of lot width or thirty (30) feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones. (Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96) Supp. No. 9 1196.2 ZONING § 20-1 Alteration means any change or rearrangement, other than incidental repairs, in the supporting members of an existing building, such as bearing walls, columns beams, girders or interior partitions, as well as any change in doors or Windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1) location to another. Animal feedlot means land or buildings used for the confined feeding, breeding, raising or holding of livestock and poultry where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures are not considered animal feedlots. Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes; and omnidirectional antennas, such as whip antennas. Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and educational purposes. Arterial street means a street or highway with access restrictions designed to carry large values of traffic between various sectors of the city or county and beyond.. [Auto service center] means an integrated group of commercial establishments or single establishments planned, developed, and managed as a unit with off-street parking provided on site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories, replacement items, Washing and lubricat- ing services, and the performance of minor automotive maintenance and repair. This does not include major body repair where it is necessary to provide long term storage of cars and body parts. Bed and breakfast means an owner-occupied single-family home in which not more than five (5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive days by the same person. Meals may or may not be provided to residents and overnight guests. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a waterway or any other barrier to the continuity of development. · :' Bluff means a natural topographic feature such as a hill, cliff, or embankment having the following characteristics: (I) The slope rises at least twenty-five (25) feet above the toe of the bluff; and (2) The grade of the slope from the toe of the bluffto a point twenty-five (25) feet or more above the toe of the bluff averages thirty (30) percent or greater. (3) An area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff. Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff. Supp, No. 9 1143 ZONING § 20-1402 Secs. 20-1352--20-1399. Reserved. ARTICLE XXVIII. BLUFF PROTECTION Sec. 20-1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluffimpact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact zone within the :city, alteration to land or vegetation within the bluff area will not be permitted except as regulated by this article and by the regulations of the underlying zoning district where the property is located. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 2, 4-8-96) Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluffand must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet. (b) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the thirty-foot setback. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 3, 4-8-96) Sec. 20-1402. Stairways, lifts and landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways and lifts must receive an earthwork permit and must meet the following design requirements: (1) Stairways and lifts may not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Reserved. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lif~s -and landings must be located in the most visually inconspicuous portions of lots. Supp. No. 9 1273 § 20-60 CHANHASSEN CITY CODE Sec. 20.60. Denial. Variances may be deemed by the board of ac~ustments 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 nonconformi,~g 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 666~ :D 0 X~'V~ I I NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, JUNE 2, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Request for a Variance APPLICANT: Todd Frostad LOCATION: 6728 Lotus Trail NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Todd Frostad, is requesting a 5 foot variance from the 30 foot front yard setback and a 16 foot variance from the 30 foot rear yard setback for the construction of an addition, on property zoned RSF and located at 6728 Lotus Trail. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 2. 3. 4. Staff will give an overview of the proposed project. The Developer will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. 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 Cindy 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. 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