2 VAR 8028 Dakota AvenueCITY OF
PC DATE: 7~7/99
CCDATE:
CASE #: 99-9 VAR
By: Kirchoff:v
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Request for a five foot variance from the 30 foot front yard setback for the :
construction of an open porch addition~
8028 Dakota Avenue
(Lot 15, Block 1, Chanhassen Estates)
Don & Joyce White
8028 Dakota Avenue
Chanhassen, MN 55317
934-2755
PRESENT ZONING:
ACREAGE:
DENSITY:
RSF, Single Family Residential
Approximately 12,000 sq. fi./.27 acres
N/A
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
N:
S:
E:
W:
RSF, Dakota Ave. and Single Family Home
RSF, Single Family Home
RSF, Cheyenne Trail and Single Family Home
RSF, Single Family Homes
Available to the site
A single family home with an attached garage' exists on the
site.
2000 LAND USE PLAN:
Low Density ReSidential
I_a qe
Dr
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White Variance
July 7, 1999
Page 2
APPLICABLE REGULATIONS
Section 20-615 (5) (a) states that in single family residential districts the minimum front yard
setback is 30 feet (Attachment 2).
Section 20~908 (5) a allows open porches to encroach 3 feet into a required setback (Attachment
3).
BACKGROUND
This site is located within the Chanhassen Estates subdivision. The subject site is "rectangular
shaped" and the house is located closer to the west side of the site. The existing home is six feet
from the west property line, 31.5 feet from the north property line, 27 feet from the east property
line, and 65 feet from the south property line. Since this property is fronted on two sides with
public right-of-way, it has two front yards and two side yards with no rear yard.
The lot is substandard based on the RSF district regulations with only 85 feet of width and
approximately 12,000 square feet of lot area. District regulations require 90 feet of width and
15,000 square feet of lot area. Section 20-73 (a) permits the development of substandard lots
without a variance provided 75 percent of the required minimums are met.
The applicant proposes to construct an eight foot deep wrap-around porch addition with a one
foot eave on the north side and a four foot porch with a one foot eave on the east side of an
existing home. Since porches can encroach three feet into a required setback, the applicant could
build a 4.5 foot deep porch on the north side only of the property and still be within the setback
requirements. (Note: The home does not maintain the required 30 foot front yard setback on the
east, therefore, any encroachments are not permitted.)
Staff concurs with the applicant that a porch is a community builder and will enhance the
appearance of the home and the neighborhood. While staff would like to recommend approval of
the variance because of the potential benefits, for consistency sake, we cannot recommend
approval of the variance request.
ANALYSIS
The applicant is requesting a five foot variance from the 30 foot fi'ont yard setbacks for the
construction of an open porch on the north and east elevations of the home. This proposed
addition extends eight feet into the required 30 foot front yard setback on the north and five feet
on the east. Since the zoning ordinance does not permit any encroachments (including eaves)
into setbacks that have received variances, the setback is measured from the edge of the porch
eave.
The home maintains the required front (north) setback and encroaches into the required front
(east) setback. The majority of the homes in the City are placed at the 30 foot front yard setback.
White Variance
July 7, 1999
Page 3
The fact the home was placed at the minimum setback does not warrant relief from the
ordinance. A hardship occurs when the owner does not have a reasonable use of the property. A
reasonable use is defined as the use made by a majority of comparable property within 500 feet.
A "use" can be defined as "the purpose or activity for which land or buildings are designed,
arranged or intended or for which land or buildings are occupied or maintained." In this case, a
reasonable use is a single family home. A reasonable use exists on the site. The inability to
construct an open porch within the required setback does not constitute a hardship.
Had the property been located within the PUD district located west of this subdivision, a variance
would not be necessary to the build the porch addition. The minimum front yard setback in the
Hidden Valley development is 25 feet and a porches may encroach three feet in that required
front yard setback.
The applicant has not demonstrated a hardship, therefore, staff does not recommend approval.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The applicant has a reasonable use of the property. A single family home and
attached garage exist on the property.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all properties
in the RSF zoning district.
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 request is to construct a porch. The outcome of this change
will increase the value of the parcel.
d. The alleged difficulty or hardship is not a self-created hardship.
White Variance
July 7, 1999
Page 4
Finding: The hardship is self-created. The applicant has the opportunity to construct a
porch addition on the south elevation that maintains the required setback.
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 would permit a structure that could improve the appearance of the
neighborhood and potentially create an enhanced sense of community.
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 variation will enable a structure to maintain a front yard setback that is
significantly less than what would be found in other properties in the RSF zoning district.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies the variance #99-9 for a 5 foot variance from the 30 front yard
setbacks for the construction of an addition based upon the findings presented in the staff report and
the following:
1. The applicant has not demonstrated a hardship to warrant a variance.
2. The applicant has a reasonable opportunity to construct an addition within the required
setbacks."
ATTACHMENTS
1. Application and Letter
2. Section 20-615, RSF District
3. Section 20-908, Yard Regulations
4. Site Plan and Elevations
5. Public Hearing Notice and Mailing List
g:\plan\ck\boa\Bolen 99-5 var.doe
,APPLICANT:' ~'~'-~, Ok.~ ~ ~'~)~C_.~
,U3DRESS:
TELEPHONE (Day time)
Comprehensive Plan Amendment
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
MAY 5 1999
CITy OF ~ANHA$$EN
Temporary Sales Permit
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
__ Sign Plan Review
Site Plan Review*
Subdivision*
~ Notification Sign
X Escro/w~r Filing Fees/Attorney Cost** ~.~/~
(/$50 CUP/SPR/VAC/¥APuW AP/Metes
~t'~ounds, $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 8Y2" 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.
iROJECT NAME
OCATION
EGAL DESCRIPTION
RESENT ZONING
iEQUESTED ZONING
RESENT LAND USE DESIGNATION
iEQUESTED LAND USE DESIGNATION
his application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
r~d plans required by applicable City Ordinance provisions. Before filing this application, you should, confer with the
lanning Department to determine the specific ordinance and procedural requirements applicable to your application.
his is to certify that I am making application for the described action by the City and that I am responsible fo/' complying
ith all City requirements with regard to this request. This application should be processed in my name and I am the party
horn the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
~,nership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
~thorized person to make this application and the fee owner has also signed this application.
will keep myself informed of the deadlines for submission of matedal and the progress of this application. I further
~derstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
~thodzation to proceed with the study. The documents and information I have submitted are true and correct to the best
my knowledge.
~lso understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
tainst the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's
ffice snd the original document returned to City Halt Records.
Date
~nature of Fee Owner
~plication Received on
Date
Receipt No.
r'he applicant should contact staff for a copy of the staff report which will be avallable on Friday prior to the
.,,eting. If not contacted, a copy of the report will be mailed to the applicant's address.
RECEIVED
MAY 2 5 1999
DESCRIPTION OF REQUESTED VARIANCE
CITY OF CHANHASSEN
Note: 8028 Dakota Avenue, Chanhassen, is bounded by Dakota Avenue on the North
(front) side, and Cheyenne Avenue on the East side.
We request a variance for the addition of a wrap-around, open, from porch, with the
porch eves projecting into the 30 foot setback of the front and side yards by a distance of
eight (8) feet. The front porch deck will be approximately 8 feet wide and the side deck
will be approximately four (4) feet wide. The porch eves will be 22 feet from the property
line on the North and East sides.
JUSTIFICATION FOR REQUESTED VARIANCE
We have lived at this address for twenty years, and we hope to retire here.
This porch will add to the character of our home, and, (especially) because it is on a
corner lot, this porch will also add to the character of the neighborhood.
To quote from the Reader's Digest book Decks, Patios, and Porches, "Many cities have
come to view porches as community builders and now encourage homeowners to add
them..."
A neighbor who added a similar porch constantly receives compliments on the
appearance of his home.
Dakota and Cheyenne Avenues are only 28 feet wide, and with setback requirements of
30 feet, front yards are larger than most neighboring developments.
Many homes in neighboring developmems, and some nearby homes, are set back 25 feet
from the property line. With the 3 foot allowable encroachment, open front porches on
these homes could be built 22 feet back withom a variance.
Many of our neighbors could add a front porch without a variance because their houses
are set back from the garage.
Because we cannot build a front porch of any practical width/depth without a variance,
we respectfully request the Planning Commission to grant this variance.
Don & Joyce White
8028 Dakota Avenue,
Chanhassen, Mn. 55317
(612) 934-2755
(2) Storage building.
(3) Swimming pool.
(4) Tennis court.
(5) Signs.
(6) Home occupations.
(7) One (1) dock.
(8) Private kennel.
ZONING § 20-615
(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 CITY CODE
illustrated below.
Lotl Wh.re Front~g. I~
Mel~ur~d At 8~tb~ok Line
(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.
Neck I Flag Lots
Fro7 Lot Line
/
·
I I I I
100/Lot Width .~ ~ I
,
I I "~ "~' I
~ I I I
L._._I_
(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(5)~e setbacks are as follows:
For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
Supp. No. 9 1212
ZONING § 20-632
c. 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 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.
(7) 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)
Secs. 20-617--20-630. Reserved.
ARTICI.E XIII. '~-4" M3XED 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.
8upp. 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 of a 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 comer 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.
~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 proiect 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
interior 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
1999-1--
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PROPOSAL:
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, JULY 7, '1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
Request for a Front Yard
Setback Variance
APPLICANT:
LOCATION:
Don and Joyce White
8028 Dakota Avenue
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicants, Don and Joyce White, are requesting a variance to the 30 foot front yard setback
for the construction of an open porch on property zoned RSF and located at 8028 Dakota Avenue.
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.
make a recommendation to the City Council.
The commission will then
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 24, 1999.
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