1 VAR 7091 Redman Lane~.~ PROPOSAL:
'~- LOCATION.
~_ ': .,APPLICANT:
CASE'//: 99-4 VAR '
STAFF
' By: Kirchoff:v
REPORT '- ' ' - -
A request for a 9 foot~ variance from the 10 foot .side yard setback for the .
reconstruction of an existing accessory structure.
7091- Redman Lane '
(Lot 7, Block 5, Greenwood ShoreS),
Dale Gregory '
7091 Redman Lane
Chanhassen, MN 55317 -.
474~4127
PRESEI~T ZONING:
DENSITY:
:~ L~ USES:
L~-.WATER ~ SE~R:
P~SICAL CH~CTER:
RSF, SingleFamilyRe~idential '::': - _ .
Approximately 30,Ooos~:.ft.;: - :
N: RSF, Sing!e iFarhilyResidentiai
S: -RSF,Si. ngle F~lY Residem!al
E: ' p°WersBlVd~ ·andPUDkR, chap~al
w: RSF, Single,Family Residential
Available to' the site-'~
This site contains a .single-~family hOme with an accessory.
structure. - ' :; . ,' - -
2000-LAND USE PLAN. Low Density Res!dentin ..._ .._ . :.--...
SLL/10~
u] ueuJpa~j
Gregory Variance
June 10, 1998
Page 2
APPLICABLE REGULATIONS
Section 20-615(5) (c) requires a 10 foot side yard setback for all structures (Attachment 2).
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 3).
BACKGROUND
The subject property is located in Greenwood Shores subdivision, approved in 1959. The home
was constructed shortly after. According to the applicant, a 203 square foot (14.5 foot by 14
foot) accessory structure was present on the site at the time of purchase in the early 1970s.
The purpose of this application is to permit the reconstruction of the nonconforming accessory
structure utilizing the existing foundation. The structure is in need of repair and the applicant
would like to improve its construction and appearance. The new shed will match the home's
colors.
ANALYSIS
The applicant is requesting a 9 foot variance to reconstruct an existing nonconforming structure.
The shed is approximately 1 foot from the interior property line. A 10 foot side yard setback is
required to be maintained for most structures, including sheds. The zoning ordinance states that
a nonconforming structure may not be replaced except to lessen the nonconformity.
Additionally, the ordinance states that the removal or destruction of a nonconforming structure to
the extent of more than 50 percent terminates the right to continue the nonconformity.
It is rare that nonconforming structures (besides homes not maintaining the 75 foot lakeshore
setback) exist in this subdivision because the lots are large, nearly 1 acre. Evidently, the existing
shed was constructed prior to the 1972 zoning ordinance because it does not maintain the
required 10 foot side yard setback. The structure most likely dates back to the construction of the
original home. Given its age, it is deteriorating and in need of repair.
Being the parcel is large, staff feels compelled to require the applicant to relocate the shed to the
10 foot setback or even leave the structure as is. However, the structure is in need of repair. The
applicant intends to reconstruct the shed utilizing the existing foundation, so the footprint will
not be increased. Additionally, staff does not believe that this structure will create a new setback
in the neighborhood, redirect neighborhood drainage or degrade an environmental resource.
Foremost, it is not increasing the nonconformity of the structure or setback. Staff feels the
variance can be supported because it is for maintenance purposes.
Gregory Variance
June 10, 1998
Page 3
Staff recommends approval of the variance request because it is not expanding or increasing the
nonconformity of the accessory structure.
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:
mo
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, however, the reconstruction
of the shed will not increase the nonconformity of the setback nor will it create a new
neighborhood side yard Setback. The variance will' not depart downward from pre-existing
neighborhood standards.
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: The condition upon which this variance request is based are applicable to all
other properties in the RSF zoning district, but the structure was most likely constructed
prior to the required 10 foot setback.
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 purpose of this variance is not based upon a desire to increase the value or
income of the property, but to reconstruct an accessory structure for maintenance purposes.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created. The accessory structure was located on the site
prior to the applicant purchasing the property.
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.
Gregory Variance
June 10, 1998
Page 4
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 variance will not impair an adequate supply of light and air to adjacent
properties or increase the congestion of the public street. It will not endanger the public
safety or diminish property values in the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves the request for a 9 foot variance from the 10 foot side yard
setback for the reconstruction of an accessory structure based upon the findings presented in the
staff report,"
ATTACHMENTS:
1. Application and Letter
2. Section 20-615, RSF District Requirements
3. Section 20-72, Nonconforming Uses and Structures
4. Site Plan
5. Property Owners
\\cfs 1 \vol2\plan\ck\boa\gregory 99-4 var.doc
CiTY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
CiTY OF CHANHASSEN
IVlkY 0 7 1999
TELEPHONE (Day time) /.,-/7//- ~/;z 7
OWNER: ~)~,
ADDRESS:
TELEPHONE:
__ Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of ROW/Easements
interim Use Permit
Non-conforming Use Permit
.._~ Variance
Wetland Alteration Permit
__ Planned Unit Development*
Zoning Appeal
__ Rezoning
Zoning Ordinance Amendment
__ Sign Permits
__ Sign Plan Review
Notification Sign
Site Plan Review' X
Escrow for Filing Fees/Attorney Cost**
($50 CU P/S PR/VAC/VARANAP/Metes
and Bounds, $400 Minor SUB)
Subdivision* TOTAL FEE $ "'7~
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 8V=" X 11" reduced copy of
transparency for each plan sheet.
'* Escrow will be required for other applications through the development contract
NOTE - When multip!e 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 FORTHIS REQUEST ~ /,~.l'/~,/ ~c-~,~4,.,,~? ~,,,~.,~/ ~,~,~Z. ~'5
This application must be ~mpleted in full and be ~pewd~en or clearly pri~ed and ~ ~ a~mpanied by all i~o~ation
and plans required by applicable C~ Ordinance provisions. Before filing this appli~ion, you should. ~er w~h the
Planning Depa~ment to determine the spec~ic ordinance and p~dural requireme~ ~plic~le to ~ur ~plication.
This is to certity 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 matedal 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.
I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the t~tle to the property for which the a,oprovaVpermlt is granted within 120 days with the Carver County Recorder's
Office and the original document returned to City Hall Records.
Signature ot Applicant
Application Received on
Fee Pa~d
Date
Bate
Receipt No.
· The applicant should contact slaff for a copy of the staff report which wlll be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
§ 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 fifty (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.
120 as § 20-595 have been redesignated as § 20-596.
Secs. 20-597--20-610. Reserved.
ARTICLF, XII. 'qtSF" SINGLE-FAMU~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. Pemitted uses.
The following uses are permitted in an "RSF" District:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(Ord.
Single-family dwellings.
Public and private open space.
State-licensed day care center for twelve (12) or fewer children.
State-licensed group home serving six (6) or fewer persons.
Utility services.
Temporary real estate office and model home.
Antennas as regulated by article XXX of this chapter.
No. 80, Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96)
Sec. 20-613. Pemitted accessory uses.
The following are permitted accessory uses in an "RSF" District:
(1) Garage.
Supp. No. 9 1210
(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)
ZONING § 20-615
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 CITY CODE
illustrated below.
Loti ~h.re Frontige II
Meliured At 8etbl(=k ~Jne
(3)
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.
Fro7 Lot Line
/
~t
~ _.~_ii
J i I I I
·
I I I l
lO0/Lol Width ,~ i I I I
I Il
, I I I
L_a .... l_..a
(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(5) The setbacks are as follows:
a. For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
Supp. No. 9 1212
ZONING § 20-632
~For side yards, ten (10) feet.
(6) The setbacks for lots served by private driveways and/or neck lots are as follows:
a. 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 linewith 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.
(7) The max/mum 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)
Secs. 20-617--20-630. Reserved.
ARTICLE X]]I. '~-4" 1VIIXED 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
§ 20-60
CHANHASSEN 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)4 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-
formLng use, building, or stmucture;
(3) To encourage the elimination of nonconforming uses, lots, and structures or reduce
theh' impact on adjacent properties.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20.72. Nonconforming uses and structures.
~There shall be no expansion, intens/f/cation, replacement, structural change, or relo-
cation of any nonconfor~i-g use or nonconforming structure except to lessen or eliminate the
nonconformity.
Co) No£withstanding 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. If a
setback of a dwelling/s 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. T/me shall be calculated as beginn/ng
on the day following the last day in which the use was in normal operation and shall run
continuously thereafter. Following the ex-p/ration 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
ent/rety 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.
~upp. No. 4
1164
ZONING § 20-73
(d) Full use of a nonconforming land use shall not be resumed if the amount of land or
floor area dedicated to the use is lessened or if the intensity of the use is in any manner
diminished 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 nonconforming land use was in full operation
and shall run continuously thereafter.. Following the expiration of twelve (12) months, the
nonconforming land use may be used only in the manner or to the extent used during the
preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea.
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
~)Maintenance and repair of nonconforming structures is permitted. Removal or destruc-
tion of a nonconforming structure to the extent of more than fifty (50) percent of its estimated
value, excluding land value and as determined by the city, shall terminate the right to con-
tinue the nonconforming structure.
(f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if approved by the city council a nonconforming land use may be changed to another noncon-
forming land use of less intensity ff it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensities of uses.
(g) If a nonconforming land use is superseded or replaced by a permitted use, the non-
conforming status of the premises and any rights which arise under the provisions of this
section shall terminate.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20-73. Nonconformir, g lots of record.
(a) No variance shall be required to reconstruct a detached single-family dwelling located
on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of the
destroyed structure and is substantially the same size in building height and floor area as the
destroyed structure. Reconstruction shall commence within two (2) years of the date of the
destruction of the original building and reasonable progress shall be made in completing the
project. A building permit shall be obtained prior to construction of the new dwelling and the
new structure shall be constructed in compliance with all other city codes and regulations.
lb) No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at lest seventy-five (75) percent of the
minimum requirements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, 'there
shall be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot.
(d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
Supp. No. 4
1165
Bonestroo
Rosene
Anderlik 8,
Associates
Client:
Project:
Calculetions For:
Page
Proj. No.
Prepared By: Date:
Eeviewed By: Date:
I
cai I E'P__.o~,'~I LAb,t~
PROPOSAL:
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, JUNE 16 1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
Request for a 9' Variance APPLICANT: Dale Gregory
for Reconstructing Existing
Accessory Structure LOCATION: 709t Redman Lane
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Dale Gregory, is requesting a 9 foot variance to the 10 foot side yard setback for the
reconstruction of an existing accessory structure on property zoned RSF and located at 7091
Redman Lane.
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 June 3, 1999.
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