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2 VAR 6570 Chanhassen RoadCITY OF PC; DATE: 6/2/99 CC DATE: 6/28~99 CASE #: 99-2 VAR By: A1-Jaff/v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: A 578 square foot variance from the 1,000 square foot maximum allowable accessory structure size. South of Fox Hollow Drive and west of Chanhassen Road - 6570 Chanhassen Road Charles Klingelhutz 6570 Chanhassen Road Chanhassen, MN 55317 PRESENT ZONING: ACREAGE: DENSITY: RSF, Residential Single Family 73,702 square feet (1.697 acres) N/A Ld ADJACENT ZONING AND LAND USE: WATER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: N - PUD-R; Planned Unit Development-Residential S - PUD-R; Planned Unit Development-Residential E - Chanhassen Road, City of Eden Prairie W - PUD-R; Planned Unit Development-Residential Available to the site. The site contains a single family home, two sheds and a garage. Low Density Residential ~,ic.cle 0 lit) 'N-I 'A'd X 0 A/A-I 'PE uessequeqo Charles Klingelhutz 6570 Chanhassen Road Page 2 APPLICABLE REGULATIONS The Zoning Ordinance states "In the RSF and R-4 Districts, accessory structures shall not exceed one thousand (1,000) square feet." The Zoning Ordinance requires all single family residences to have a two car garage. BACKGROUND On May 13, 1999, staff sent the applicant a letter explaining that the City received a complaint regarding outdoor storage of unlicensed vehicles at 6570 Chanhassen Road. An inspection revealed that two vehicles had expired license plates. The City Code specifically prohibits the outdoor storage of vehicles that do not have a current license. The applicant was given a deadline of May 3, 1999 to remove the vehicles from the property. The applicant is requesting to build a 960 square foot garage to store the vehicles. ANALYSIS The applicant is requesting a variance to build a 960 square foot accessory structure on property zoned RSF, Residential Single Family. The site is located south of Fox Hollow Drive and west of Chanhassen Road. Access is gained via Chanhassen Road. The site currently contains three accessory structures. An 8'xl 0' and 12.3'x 20.3' sheds, and a 12'x 24' garage. The total area of existing accessory structures is 617.69 square feet. The ordinance limits the total area of accessory structures in the RSF district to 1,000 square feet. The applicant is requesting to add a 960 square foot garage (30'x 32') to store vehicles. This will bring the total area of accessory structures on the site to 1,577.69 square feet. The applicant would be permitted a structure no larger than 383 sq. ft. to stay within the 1,000 sq. ft. requirement. The Zoning Ordinance requires all single family homes to have a two car garage, with a 30 foot front yard and a 10 foot side yard setback. The applicant has the option of building an attached garage with no size limitation. The applicant could eliminate the need for a variance by removing the existing garage, the 20.3'x 12.3' shed and reduce the size of the proposed garage to 920 square feet to meet the requirements of the ordinance. Another option is to store some of the vehicles off site. The property owner has reasonable use of the property and staff fails to find to find a hardship to allow such variance. FINDINGS The Planning Commission 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 undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical Charles Klingelhutz 6570 Chanhassen Road Page 3 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 and develop neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. The applicant has reasonable use of the property. The site contains a single family home and 617.69 square feet of accessory buildings. The ordinance also mandates that staff survey the surrounding area within 500 feet. Through a field survey, staff looked at the properties within the neighborhood and found that none of the sites contain accessory structures that exceed 1,000 square feet. If approved, this variance will create new standards. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The conditions upon which this petition for a variance is based are applicable generally to other properties within the same zoning classification outside of the immediate area. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the variance is not based upon a desire to increase the value or income potential of the parcel of land. The alleged difficulty or hardship is not a self created hardship. The hardship is self created. The applicant can minimize the number of vehicles stored on site or reduce the size of the accessory structures to meet the maximum allowable space of 1,000 square feet. e4 The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. The granting of the variance will not be detrimental or injurious to other land or improvements in the neighborhood. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Charles Klingelhutz 6570 Chanhassen Road Page 4 RECOMMENDATION Staff recommends that Planning Commission deny Variance Request #99-2 for a 577 square foot variance from the 1,000 square foot maximum accessory structure size based upon the findings listed above. ATTACHMENTS 1. Site plan. 2. Application. 3. Public Hearing Notice. XXcfsl \ vol2\plan\ck~,kling¢lhutz, var.doc CiTY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION CITY OF CHANHASSEN PFOEI\/ED APE 1999 TELEPHONE (Day time) OWNER: ADDRESS: TELEPHONE: 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 PJan Review* ,X, Subdivision* Escrow for Filing Fees/Attorney Cost** ($50 CUPISPR/VACNARNV APIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of transparency for each plan sheet. '* Escrow will be required for other applications through the development contract NOTE -When multiple applications are processed, the appropriate fee shall be charged for each application. ' NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ~-- - . ~', ,,~-',,,.,," .-~,,~ This applica{ion must be ~mple~ed in full and be ~pewd~en or clearly pri~ed and ~ ~ a~mpanied by ali i~o~ation and plans required by applicable C~ Ordinance provisions. Before filing this appli~ion, you s~uld. ~er w~h the PIanning Depa~ment to determine the spec~ic ordinance and pm~dural requireme~ ~plic~le to ~ur ~plication. This is to certify that I am making application for the described action by the City and that i am responsible fo/' 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 pdor to any authorization to proceed with the study. The documents and intormation I have submitted are true and correct to the best of my knowledge. ! also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver Counb' Recorder's Office and the original document returned to City Hall Records. Signature of Ap¢licant ' Date Signature of Fee Owner Date Application Received on z[.-,~:~ .~ Fee Paid ct~P"7~'OO Receipt No. · The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. RECEIVED APR 2 8 1999 CITY OF CH^NH^$$EN ?/ s-S ~/2 (2) Concrete mixiug plants. (Ord. No. 120, § 3, 2-12-90) Secs. 20-817--20-900. Reserved. ZONING § 20-904 ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DMSION 1. GENERALLY Sec. 20-901. Overhead transmission lines. Installation of overhead transmission lines in excess of sixty-nine (69) kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. (Ord. No. 80, Art. VI, § 2, 12-15-86) Sec. 20-902. Multiple principal buildings on same lot. In any single-family detached residential district not more than one (1) principal building shall be permitted to be erected on a single building lot. Groupings of buildings in other districts may only be permitted by conditional use permit. (Ord. No. 80, Art. VI, § 3, 12-15-86) Sec. 20-903. Zoning lots. (a) The designation of a zoning lot shall be approved by the city planner if it complies with the lot requirements of the district in which it is located and has a single tax identification number. (b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. (c) After designation of a zoning lot the lot may not be subdivided without complying with the city's subdivision regulations. (Ord. No. 129, § 2, 6-4-90) Sec~ 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (1) In the RSF and R-4. Districts accessory structures shall not exceed one thousand (1,000) square feet. These structures may encroach into the rear setback as follows: a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) -feet. Supp. No. 9 1232.7 S O0 '19'45" W .... Z 34.87 H l) 1l)'19'47" ........... 100.7 ............ 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: Charles Klingelhutz LOCATION' 6570 Chanhassen Road NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Charles Klingelhutz, is requesting a 588 sq. ft. variance from the 1,000 sq. ft. maximum accessory structure size on property zoned RSF and located at 6570 Chanhassen Road. 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: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. 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. Notice of this public hearing has been published in the Chanhassen Villager on May 20, 1999. 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