4 VAR 226 Chan ViewCITY OF
PC DATE: 7~7/99
CCDATE:
CASE #: 99-6 VAR
By: Kirchoff:v
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Request for an 18 foot variance from the 30 foot from yard setback for the :
construction of an addition and detached garage.
226 Chan View
(Lot 1, Block 4, St. Hubertus Addition)
Don S. Gray
760 W. Village Rd.,//201
Chanhassen, MN
542-9407
Pat Berktold
226 Chan View
Chanhassen, MN
PRESENT ZONING:
ACREAGE:
DENSITY:
RSF, Single Family Residential
8,520 sq. ft.
N/A
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
N:
S:
E:
W:
RSF, Single Family Residential
Chan View
RSF, Single Family Residential
RSF and OI, Chapel Hill Academy
Available to the site
PHYSICAL CHARACTER:
A single family home with a single-stall detached garage
exists on the site.
2000 LAND USE PLAN: Low Density Residential
78th
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VI 77th //'/St
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Gray Variance
July 7, 1999
Page 2
APPLICABLE REGULATION
Section 20-615 (5) (c) states that in single family residential districts the minimum front yard
setback is 30 feet.
BACKGROUND
This site was platted in 1887 as part of St. Hubertus Addition, one of the oldest plats in the City.
The existing home, built in 1940, does not meet the required 30 foot yard setbacks along Chan
View and Frontier Trail.
The applicant proposes to demolish an existing 26.3 foot by 14.3 foot detached garage and
construct a new 30 foot by 22 foot detached garage. In addition, an existing 11.9 foot by 12.5
foot kitchen addition on the north elevation will be removed and replaced with a 14 foot by 22
foot kitchen and mud room addition. Both the proposed garage and kitchen addition propose to
maintain a 12 foot setback from Frontier Trail.
ANALYSIS
The applicant is requesting an 18 foot variance from the 30 foot front yard setback along Frontier
Trail to construct a 308 sq. ft. kitchen addition and a new 660 sq. ft. detached garage. The
construction is essentially an expansion of the structures already existing on the site. For
uniformity, the applicant would like to the home and.the garage to both maintain a 12 foot front
yard setback. The existing home maintains a 4.7 foot setback and the detached garage is located
on the property line.
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 with two covered parking spaces.
A single family home with a detached single stall garage is present on the site.
Kitchen Addition
Staff believes that the applicant did not create the hardship. Since the home was constructed in
1940, it does not meet the two required 30 foot setbacks. In most instances, placing an addition
on the existing home would require a variance because the majority of the home is located within
the two setbacks. An addition could be placed on the east elevation, however, the applicant
wishes to replace an existing kitchen because of poor construction.
Gray Variance
July 7, 1999
Page 3
New Detached Garage
The existing garage does not maintain any setback from the property line that abuts Frontier Trail
or the northern property line. The replacement of the garage with a greater setback would
improve the situation and lessen nonconformity. Furthermore, the new garage will drastically
improve the overall look of the property. Staff would recommend the garage be located a
minimum of 20 feet from the property line abutting Frontier Trail to accommodate the parking of
larger vehicles in the driveway. Staff understands the desire for the home and garage to be
balanced on the site, however, it would be prudent to require the garage to maintain a greater
setback when buildable area is available. (Note: If the garage were to maintain more than a 20
foot setback, the site will exceed the 25 percent maximum impervious surface coverage
requirement.)
Yard Encroachments
In cases where a variance is granted, the zoning ordinance does not permit any encroachments
such as eaves into the required setback. Should these variances be approved, the setback would
be measured from the eave to the property line.
Neighborhood Setbacks
Staffperformed a visual survey of the surrounding properties and found a significant number of
homes that do not meet the required setbacks. This is not unusual as this area was settled in the
late 1800s. A few variances have been granted in this neighborhood for detached garages. The
addition and new garage will not create a new neighborhood setback.
An alley abuts this site to the north. According to City records, the alley has not been vacated.
The applicant can petition the City to have the right-of-way vacated.
As long as the addition and new garage construction intend to improve a situation, staff can
support the variances. The kitchen addition is encroaching further into the setback, however, the
existing home only maintains a 4.7 foot setback, so a 12 foot setback for the addition will not
create a new setback. Foremost, the 20 foot setback for the garage is improving the appearance
of the property and lessening the nonconformity of the setback.
Staff recommends approval of an 18 foot variance for the reconstruction and expansion of a
kitchen and a 10 foot variance for the construction of a detached garage.
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:
Gray Variance
July 7, 1999
Page 4
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 does not have a reasonable use of the property with the single-stall
garage. The location of the existing home and the width of the property limits the location
and size of any addition. Many of the homes in the neighborhood do not meet the required
setbacks. This variance will not 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.
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 reconstruct a poorly constructed kitchen addition
and a deteriorating garage.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created. The home was constructed prior to the
ordinance and does not meet the required front yard setbacks.
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 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 a&quate 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 or increase
Gray Variance
July 7, 1999
Page 5
the danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves variance #99-6 for an 18 foot variance from the 30 foot front
yard setback for the construction of an addition and a 10 foot variance from the 30 foot front yard
setback for the construction of a detached garage based upon the findings presented in the staff
report with the following condition:
1. The applicant shall submit a survey completed by a licensed land surveyor at the time of
building permit application."
ATTACHMENTS
1. Application and Letter
2. Section 20-615, Lot Requirements and Setbacks
3. Section 20-908, Yard Regulations
4. Site Plan
5. Public hearing notice and property owners
g:\plan\ck\boa\gray 99-6 var.doc
.-'LEPHDNE (Day time)
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(s12) 93?4900
DEVELOPMENT REVIEW APPLICATION
~/~OWNER: ~A'~' {~ ~ r ~- J~ ~
TELEPHONE:
JUN 0 9 1999
CITY' OF CHANHASSEN
, Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
interim Use Permit
, Non-conforming Use Permit
Vacation of ROW/Easements
Wetland Alteration Permit
PIanned Unit Development*
Zoning Appeal
~ Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review Notification Sign
Site Plan Review*
Subdivision*
X Esc, r, oW-for Filing Fees/Attorney Cost**
(',_~ U P/S P R,/VA CNA R,/WA P/Metes
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 muIfiple 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 TH S REQUEST O, 't-W'O
This application must be ~mpleted in full and be ~pewd~en or clearl~ pri~e'd and ~ ~ a~mpanied by all i~o~ation
and p~ans required by applicable C~ Ordinance provisions. Before filing this appii~ion, you s~uld. ~er w~h the
Planning Depadment 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 fei'complying
with all City requirements wfth 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.
! 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 consutting 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
~3f 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 title to the property for which the approvat/permit is granted within 120 days with the Carver County Recorder's
Office and the original document returned to City Hall Records.
ignature of Appli~
Application Received on
Datej
Date
Fee Paid 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
JUN 0 9 1999
CITY OF CH^NH^SSEN
ZONING
(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.
§ 20-615
(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:
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.
(1)
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
(2)
Supp. No. 9 1211
§ 20-615 CHANHASSEN CITY CODE
illustrated below.
Lotl Where Frontage la
Mealured At 8etblok Mne
(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 Lore
I O0/Lot
Fro7 Lot Line
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: , /;, ,
, I I,,
__ I J II I
Width ~ _.._j t I
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: .... _l_.j
(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(5) The setbacks are as follows:
. F
or front yards, thirty (30) feet.
For rear yards, thirty (30) feet.
Supp. No. 9 1212
ZONING § 20-682
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 conta/ned 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 XIII. 'q1-4" 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) 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.
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 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.
(4)
Supp. No. 10 1233
RECEIVED
JUN-0-9-1999
CITY OF CH^NH^SSEN
EXISTING
RECEIVED
JUN 0 9 1999 ..................................................
CITY OF CHANHASSEN
.PROPOSED
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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 Front Yard
Variance
APPLICANT:
LOCATION:
Don Gray
226 Chan View
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Don Gray, is requesting a variance to the 30 foot front yard setback for the
construction of an addition and garage on property zoned RSF and located at 226 Chart View.
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 24, 1999.
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