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3 VAR 3830 Maple Shores DriveCITY OF PC DATE: 7/7/99 CCDATE: CASE #: 99-7 VAR By: Kirchoff:v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for a 6.7 foot variance from the 10 foot side yard setback for the construction of in addition. 3830 Maple Shores Drive (Lot 7, Block 1, Maple Ridge) Sawhorse Designers Atm.: Fred Brunning 4740 42nd Avenue North Robinsdale, MN 55422 533-0352 Mark Ambrosen & Ann Senn 3830 Maple Shores Drive Excelsior, MN 55331 470-2235 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: RSF, Single Family Residential Approximately 27,000 sq. ft./.62 acres N/A N: S: E: W: RSF, Single Family Residential RSF, Single Family Residential Lake Minnewashta, Recreation Development Lake RSF, Single Family Residential Available to the site The site is a riparian lot on Lake Mirmewashta. A single family home with an attached garage exists on the site. 2000 LAND USE PLAN: Low Density Residential Sawhorse Variance July 7, 1999 Page 2 APPLICABLE REGULATION Section 20-615 (5) (c) states that in single family residential districts the minimum side yard setback is 10 feet. BACKGROUND Maple Ridge, a 13 lot subdivision, was platted in 1985. The subject lot is "L-shaped." The existing home fits tightly on the lot. The applicant proposes to construct a 12 foot by 14 foot (168 sq. ft.) addition with a bay window on the western elevation of an existing home. ANALYSIS The applicant is requesting a variance from the side yard setback for the construction of a nursery addition. This proposed 10 foot addition with a two foot bay window and 16 inch eave extends 6.7 feet into the side yard setback. Thus, maintaining a 3.3 foot setback. The setback line essentially slices the addition in half diagonally. In cases where a variance is requested or granted, the zoning ordinance does not permit any encroachments into the required setback such as eaves or bay windows. The setback is measured from the edge of the eave. The applicant contends the home being placed at the 10 foot setback created the hardship. Staff believes that the home owner created the hardship by this design. The home just fits within the required setbacks. This is not uncommon. The majority of the homes in the City are placed at the 10 foot side yard setback. A hardship is not present, therefore, a variance is not warranted. 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, because it is in a RSF zoning district, a reasonable use is a single family home. A reasonable use exists on the site. The inability to construct a fourth bedroom does not constitute a hardship. It was mentioned in the application letter that the addition could not be located on the south elevation of the home because it would require the removal of decking, reduce an already small back yard and reduce the views of the lake from the master bedroom. According to a survey on file with the City, the southwest comer of the home is 87 feet from the lake. The 12 foot addition could be placed on this elevation (while maintaining the required 75 foot setback from the ordinary high water level of Lake Minnewashta) and still meet the needs of the property owner. Staff believes the decking could be removed to construct this addition. This will not decrease the property owner's enjoyment of the lake site. In terms of reducing the size of the back yard, the owner has a large piece of lake property. A 168 sq. ft. addition would not reduce an 8,500 sq. ft. Sawhorse Variance July 7, 1999 Page 3 "rear" yard so as to be deemed unusable. It will not destroy views to the lake either. The addition should be placed in the buildable area of the site. Another option is available. The house is 10 feet from the side property line. The addition is proposed to extend 6.7 feet into the setback. The home to the west (3850 Maple Shores Drive) is 16 feet from that shared property line. This means that the separation between the two homes is 19 feet, 1 foot less than what is required by the zoning ordinance. The applicant has not demonstrated a hardship as another option is available, 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: 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 the property. A single family home and attached garage exist on the property. Furthermore, there is an opportunity to construct an addition on the south elevation of the home. The shape or size of the lot does not prohibit an addition from being constructed. All of the homes in this neighborhood maintain the required setbacks. This variance would depart downward from the existing 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 conditions upon which this variance 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 purpose of this request is to construct a fourth bedroom. Although an increase is value is not the sole purpose of the application, the outcome of this change will increase the value of the parcel. Sawhorse Variance July 7, 1999 Page 4 d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. The applicant has the opportunity to construct an addition within the buildable area of the site. 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 will permit a structure to be located into a required setback thus reducing the setback between two homes. 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 side yard setback that is less than what would be typically found in other properties in the RSF zoning district. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies variance #99-7 for a 6.7 foot variance from the 10 side yard setback 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, Lot Requirements and Setbacks 3. Section 20-908, Yard Regulations 4. Lot Survey and Addition Footprint 5. Public hearing notice and property owners 6. Letter from Neighbor g:\plan\ck\boa\ambrosen 99-7 var.doc FROM CITV OF CHRHHA$SEH 05.15.1999 OITY OF CHANHA$SEN 600 COULTER DRIVE CHANHA88EN, MN S$3t? (61~) 9;7-1000 15:07 P, 2 DEVELOPMENT REVIEW APPLICATION 'T~:~ ;=PHONE (D,,ytlme). ~'~,.~- .0. ~ ~2_ .. TELEPHONE:. ~ 0 %. ?- ~ '~ ~ .. Oomprehenslve Plan Amendment .__ Temporary 8ales Permit _.... Ocmdltlonal Use Permit Interim Uae Permit :~ ..__ Non-conforming Use Permit PJanned Unit Development* · ----. Rezonlng ___ Sign P~u', Review ; ._.._ Slte Plan Review' 8ubcli~lon* _._ Wetland Alteration Permit ._.... Zoning Appeal .-.- Zonlng Ordinance Amendment . X Escrow for Firing FeemlAttome¥ Oost*' ' ($50 OUPISPRNAC/VAFIANAP/Metes sad Bounds, $400 Minor 8Ua) TOT^L FE 'e ............... A list of all property owners within 600 feet of the boundaries of the property must be Included with the ~opllr. atlon. autlldlng material samples must be eubmltted with ol~e plan reviews. · Twenty. slx furl size ~ copies of the plane must b~ ~ubmltted, Including sn el&" x 1t" reduced copy of t~anspareno¥ for each plan sheet, · ' ~oTow will be required for other applications'through the development contract NDTE-When multiple applications are processed, the appropriate faa shall be charged for each application. FROM CITY OF CHRNHR$$EN 05.15.1999 15:07 p. }?ALAOP, F. AGE_. -"- QuE~rF.D ZONING .... . .... LAND USE DE81GNATION .... ~QUF.~D LRND USE DESIGNATION ls app11~tlon must be ~ompleted In full and be typewritten or clearly printed and must be accompanied by all Information d plans required by applicable City Ordinance provlslons. Before filing this application, you should confer with the Planning ~partment to determine the Specific ordinance and procedural requiremeflts appliCable to your application. letermlnatlon of completeness of the appllcatl0n shall be made Within ten business days of application submittal. A written Iice Ct appli~atJon deficiencies shall bo mailed to the applicant wilhln ten business days of application, ls to ce~t~ that I am making application for the clascrlbed action by the Olty and that I am.responsible for complying with OH requirements with regard to this request. This application should be prcoessed In my name and I am the party whom City should conta~ regarding any matter pertaining to this ~pplloatlon. I have attached a copy of proof of ownership (either of Owner's Duplicate Certificate of, Title, Abstre~ of Title or purchase agreement}, or I am the authorized person to make appllo~ion and the fee owner has also signed this appll0atlon. keep myseff Informed of the deadlines for submlsslon of material and the progress of this application. I further :lerstand that-additional fees may be charged for consulting fees, feasibility studies, etc. wlth an estimate prior to any horization to proceed with the study. The documents and Information I have submllted are true and correct to the best of know~eclge. . ~ ~Jty hare~ notlflee the applicant that development review cannot be completed within 60 days due to public hearing ulremente and agency review, Therefore, the clty is notlf~lng the appli~nt that .the city requires an automatl~. 60 .day anslon for development review. Development review shall be completed within 120 days unless addltlonm review araions am aPProved by the applicant. nature of I=~ Owner ,ll~tion Re~elved on .~/.=~-[ /~ ~. Fee Paid Date Date No. ~ epp11,:ant should contact staff for a copy of the etaff report whl~=h will be available on Friday prior to the meeting. lot contacted, a copy of the report will be mailed to the epplle, ant'e addreae. Since 1977 DE_ I IVERS & BUILDERS Mn. 2382 May20,1999 City of Chanhassen 690 City Center Drive PO Box 147 Chanhassen, MN 55317 To whom it may concern, Mark Ambrosen and Ann Sennl the owners of 3830 Maple Shores Drive, are requesting a 3' variance to the East side yard set back of their property to construct a nursery off their master bedroom for a child expected in the fall. The owner's home was constructed at the minimum setback of 10' to the East Side of the lot. This is also the end of the house where the existing master bedroom (the only b~droom on the main floor) is located. We feel that this is the practical location for a nursery for their newborn. The proposed additioh could be moved to the south side to reduce the needed variance by a fraction of a foot, however, this would require removing an existing deck, built-in spa, reduce an already small usable back yard, and reduce the views of the lake from the master bedroom. b. The owner's property is at the highest end of a row of lots with rising elevations to Lake Minnewashta. This rise in elevation reduced this owners usable rear yard to a minimum. The purpose of the variance is not based on a desire to increase the value of income potential of the parcel of land. Other types of additions or improvements could increase the value of the parce, l than a nursery addition would. d. The current owners did not build the home; consequently they did not create the hardship cited. e. We are unaware of any detriment to public welfare or injury to other land or improvements in the neighborhood that would result from the construction of the proposed addition. The proposed addition maintains adequate light and air to adjacent properties. Its design and use will not increase congestion of the public streets or increase the danger of lure. Great care has been taken to design and use materials that complement the existing home so that this addition would not negatively impact property values. Sincerely, Fred Bruning ~ Sawhorse Designers & Builders 4740 42~ Avenue North Robbinsdale, MN 55422 612-533-0352 Fax 533-2668 www.sawhorseusa.com St. Paul 651-439-3343 239 East Lake Street Wayzata, MN 55391 612-475-4477 Fax 475-4474 (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) (2) (3) (4) Churches. Reserved. Recreational beach lots. 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. Lot~ Wh.re Front~g~ Il kle~ur~d At 8~tblok 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 / Flag Iota lO0/Lot Width Fro:/ Lot Line · I / iI .]"./ ,, ~ I I I ~. - L._._I_ ...j (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 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. ARTICLE XIXI. '~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 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) A yard, 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 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 SURVEY FOR: J $11V I o,ilq-OOi Prepared By: 'SCHOELL & MADSON, lNG. Engineers, Surveyors, Planners, Soils Testing 10550 Wayzata Boulevard Mlnnetonka, Mn. 55343 Tel. 546-7601 $4-7'57 q77. 7 , ,.. L, 50.00 'z5 . 57° t7'4,5" £. 50,00 DESCRIPTION: Lot 7, Block 1, ~'~PLE RIDGE. · BENCHt.~RKS: 1) Top of hydrant on the northwest corner of Lot 7 Elevation : 982.48. 2) Top of stake on the wes~ face of 30-inch Oak, 25 feet_ east of centerltne of east stde of house, Elevation/:% 977.00. 3) Top of stake on the east face of 24-inch Oak, 25 fee~' north of the'northwest corner of house, Elevation : 983.00, 4) Line in rock on old fireplace 10 feet west of northwest corner of garage. Elevation : 987.00. GEttERAL NOTES: 1) o- Denotes iron monument set. 2) o- Denotes wood stake. 3) x969.0 - Denotes existing spot elevation. 4) ~ - Denotes direction of surface drainage. 5) Proposed garage floor elevation = 982.10. ;ED I.hereby certify that this survey was prepared under my supervision and that ! am a Licensed Land Surveyor u,~der the 1,aw~ of the StatsLof M!~nnesota. Theodore D. Kemna Date: 25 September 1985 License No, 17006 +\ .! / ? / / / / / / / / \ , I I NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, JULY 7, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Request for a Side Yard Setback Variance APPLICANT: LOCATION: Sawhorse Design 3830 Maple Shores Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Sawhorse Designers/Mark Ambrosen and Ann Senn, are requesting a variance to the 10 foot side yard setback for the construction of an addition on property zoned RSF and located at 3830 Maple Shores Drive. 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. 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