5 Variance CriteriaVariance Criteria and Review of Applications
1. What is variance?
"Permission to depart from the literal enforcement of the zoning ordinance."
2. Why is a variance granted?
a. Staff recommends approval of variances when the property owner has a hardship.
Undue Hardship: the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography.
Example:
Riparian lot platted prior to adoption of zoning ordinance with 120
feet of depth. Front yard setback 30feet and lakeshore setback 75
feet. Buildable depth is only 15feet.
Reasonable Use:
A use made by a majority of comparable property within
500 feet of the subject site.
Example:
Vacant lot in fully developed single family subdivision.
Property platted prior to bluff protection setback. With a 30
foot bluff protection setback and a 30foot front yard setback
the buildable area is limited to 20feet of depth. A few of the
neighboring properties extend into the bluff. The applicant's
home proposal is consistent and comparable with the size and
location of the existing homes.
Use:
The purpose or activity for which land or buildings are
designed, arranged, or intended or for which land or
buildings are occupied or maintained.
bo
Staff may recommend approval if the new construction is lessening an existing
nonconformity.
Nonconforming Lot:
A lot that does not comply with the requirements of the
zoning ordinance but which did comply with the applicable
ordinances requirements at the time the lot was created.
Example:
A subdivision wasplatted in 1959. The zoning ordinance was
adopted in 1972. The subject property lacks the current required
minimum lot area. However, the site is "a lot of record."
Variance Criteria
Page 2
Nonconforming Structure:
Any building or structure that does not comply with
the requirements of this chapter but which did
comply with applicable ordinance requirements at
the time was constructed or put in place.
Example:
What is a "taking?"
A house was constructed in 1940. It does not meet the required 10
foot side or the 30 foot front yard setbacks currently required by
ordinance.
"To take, expropriate, acquire or seize property without compensation."
"Amendment V of the United States Constitution states that no private property shall be
taken for public use without just compensation."
When a property owner cannot construct a reasonable use on a site zoned for such a use
because of topography, size or shape (i.e., required setbacks limit the buildable area), a
variance shall be granted. If the variance is not granted, the property has been "taken"
from the owner and the damages can be sought.
A recent variance case is a fine example. The property owner requested two variances to
construct a single family home on a vacant lot. The site was a lot of record. The
buildable area was limited because of a required bluff and front yard setback. (Note: the
ordinance which required a bluff setback was adopted after the property was platted.)
The proposed home was comparable to the neighboring homes in size and location. The
property within 500 feet was used to determine a reasonable use. Staff recommended
approval and the variances were granted. Had the variances not been granted it is likely
the owner would have been awarded damages.
4. Conclusion
CHANHASSEN, MINNESOTA 55317
Action by City Administrazor
MEMORANDUM
TO: Mayor and City Council
FROM: Sharmin AI-Jaff, Planner II
Endorsed
RejeCted
Date'
Date Submitted to Commission
Dat~ Submitted to Council
DATE: August 11, 1997
SUB J:
Zoning Ordinance Amendment to Section 20-908. YARD REGULATIONS. (5), to
allow porches to encroach 10 feet into a required front yard setback.
A variance application recently appeared before the Board of Adjustments and Appeals requesting
they be allowed to construct a porch within the required front yard setback. The home was located
in the Carver Beach subdivision, which is an area that predates the zoning ordinance. There were
several reasons for the variance request, however, the reason which prompted this ordinance
amendment proposal dealt with the applicant wishing to define the entrance into their home.
Mayor Mancino was present at the meeting. Following the meeting, she directed staff to
investigate amending the ordinance to allow and encourage such additions without having to go
through a variance process.
The requested variance was for a porch that exceeded the 3 foot maximum encroachment allowed
by ordinance. It should be noted that there are homes with porches throughout the city. The issue
here is whether or not homes that existed prior to the adoption of the zoning ordinance and want to
add a porch should have to go through the variance process.
All new housing (developed after adoption of the zoning ordinance) which have front porches no
matter the size, have to meet the underlying setback requirements. The intent of this amendment is
to address existing homes that want to add a front porch. The purpose of the porch/balcony is to
add architectural interest to older homes that may not have defined entrances.
The current ordinance pertaining to porches states:
Sec. 20-908. Yard regulations
Mayor and City Council
August 11, 1997
Page 2
(5) The following shall not be considered to be obstructions:
"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 window, 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."
Co
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.
Staff researched several home design books. Homes we selected incorporate porches in their
design. It can be assumed that the front yard setback on all those homes was 30 feet, which is the
required setback in the zoning ordinance. We then attempted to add the porch to the front elevation
and 'see if the majority of these designs can be accommodated in Chanhassen. We also tried to
examine the aesthetics of having a projecting porch face a street. We assumed that these homes
were placed on a 15,000 square foot lot or maybe on a lot that is part of a PUD that has a reduced
area. A builder will attempt to maximize the square foOtage of a home by pushing the home as
close as possible to the 30 foot front yard setback, place the home, then maximize the size of the
rear yard where most outdoors activities in Chanhassen take place.
The attached designs number 1 - 7, are designs that are permitted under the current front porch
standard. The common theme between these designs is that the location of the porch does not
extend beyond the front elevation of the house.
Designs 8 - 20, would exceed the allowed 3 foot front yard encroachment permitted by ordinance.
All these porches are unenclosed, project up to 10 feet beyond the house front elevation, and tend to
define the frout entrance of the home. These designs tend to give the impression that the garage is
pushed to the back and hidden from views; allowing a passer by to focus on the livable space of the
structure. We need to point out that designs 8 - 18 do not extend beyond the first level where an
entry is located. Designs 19 and 20, still meet the definition of a porch, however, design 19 extends
up to the second floor, while design 20 contain a porch as well as a balcony. They are both open
stmctures.
Mayor and City Council
August 11, 1997
Page 3
All these designs can be considered attractive, however, as stated earlier, some of these designs are
not permitted under current ordinances due to setback requirements. The main concern with
allowing such projections deals with the size of the porch and the possibility of additional living
space closer to the street. If the porch extends along the entire length of the front facade, it will be
very tempting to enclose it to make the space more livable by adding screens or enclosing them.
Design #11 has a porch that extends in front of a kitchen. Theoretically, this space could be
enclosed and used as a breakfast area. We believe that such uses should not extend into a required
front yard setback. Rather than creating a setting that would encourage a flood of variances to
enclose porches within a front yard setback, we believe this space should be limited in size
allowing for a small seating area, provide an added architectural feature, and define the entrance of
the home. Staff has prepared an ordinance amendment that would allow some of the attached
designs to be permitted. If the direction was to exclude designs that contain porches extending
beyond the. first floor, then staff will change the language in the proposed amendment accordingly.
Staff is recom~nending language that permits homes built prior to February 19, 1987 (zoning
ordinance adoption date) to have a porch/balcony that would encroach into the front yard setback
meeting specific criteria (specifically be open and not exceed 15 feet in length and 10 feet in depth).
PLANNING COMMISSION UPDATE
On July 16, 1997, the Planning Commission reviewed and unanimously recommended denial of
this ordinance amendment. There decision was based upon the following:
There has not been a preponderance of sUCh requests
Limiting the size of the porch and the setback is arbitrary
An intent statement has not been provided
The ordinance does not protect historically significant homes
This issue could be handled at the variance level
Not an important issue to spend staff, Planning Commission and City Council time on
Staff contacted the City Attomey for an opinion on the historically significant homes. He explained
that all homes that are on the National Register listing have to get approval of the National
Historical Registrar's Office prior to any construction taking place; therefore, this ordinance will
not impact such homes. We also discussed homes that have been considered eligible for listing on
the National Register. The City Attorney explained that if a home is not registered with the
National Historical Society, preservation requirements will not apply.
Staff also added an intent statement to clarify the purpose of this ordinance.
RECOMMENDATION:
Mayor and City Council
August 11, 1997
Page 4
Should the City Council decide to approve this ordinance, the following motion is recommended:
"The City Council approves Zoning Ordinance Amendment to Sec. 20-908. Yard regulations, to
read as follows:
"The intent of this section is to allow homes built prior to the adoption of the
ordinance that need to add a porch as an architectural feature to define the entrance
into a residents. This area shall be limited in size allowing for minimal scaring area
and shall not bc enclosed:
Homes built prior to February 19, 1987 may have open porches and balconies that
project a distance not exceeding ten (10) feet, provided they maintain a minimum
front yard setback of 20 feet, and they do not extend farther than six (6) feet on each
side of the main entrance or front door of a home. Thc ten (10) feet shall include the
roof line, support columns, and steps. Homes that arc on thc National Register listing
or have bccn considered eligible for listing on the National Register shall bc excluded
from this ordinance unless approved by thc National Historical Rcgistrar's Office."
Attaclunents
Home Designs that include porches.
Front elevation design of the variance which prompted this ordinance amendment.
Planning Commission minutes dated July 16, 1997.
· This economical plan offers an impressive visual
statement with its comfortable and well-proportioned
appearance. The entrance foyer leads to all areas of the
house. The great room, dining area and kitchen are all
open to one another allowing visual interaction.
The great room and dining area both
have a cathedral ceiling. The fireplace
is flanked by book shelves and cabi-
nets. The master suite has a cathedral
ceiling, walk-in closet and master bath
with double-bowl vanityt whirlpool
tub and shower. The plan is available
with a crawl-space foundation.
Design by
Donald A.
Gardner,
Architect, Inc.
,I
DECK
Design S9664
Square Footage: 1,287
.BED
*, 10-0 x 10-0
PORCH
66-4
,,OI-,NE:
55~
Design S8622
First Floor: 1,820 square feet
Second Floor: 700 square feet
Total: 2,520 square feet
· Expansive interior spaces, a
porch and a patio are found in
this country-style plan. Front-to-
back views begin at the double
doors that open to the foyer and
extend through the dining room
to the covered patio. To the right,
the foyer spreads into the living
room, which opens to a tower.
The pass-through kitchen is
linked to the bayed breakfast area
by a large walk-through pantry...
The family room includes a fire-
place flanked by windows and
built-in shelves; French doors
open to the patio. A lower-level
master bedroom offers private
access to the patio. Its full bath
includes a walk-in closet, double
vanity and spa tub.
Design by
Home Design
Services, Inc.
Design S2974 First Floor: 911 square feet
Second Floor: 861 square feet; Total: 1,772 square feet
· Victorian houses are well known for their orientation
on narrow, building sites. And when this occurs nothing is
lost to captivating.exterior styling. This house is but 38
feet wide. Its narrow width belies the tremendous amount
of livability found inside. And, of course, the ubiquitous'
porch/veranda contributes mightily to style as well as liv-
ability. The efficient, U-shape kitchen is flanked by the
informal breakfast room and formal dining room. The
-rear living area is spacious and functions in an exciting
manner with the outdoor areas. Bonus recreational, hobby
and storage space is offered by the basement and the
attic.
ATTIC
26o ~40
142
Design by
Home Planners,
Inc.
Lo.
Wide-Open and
Convenient
:No ' '2o lOO'
Stacked windows fill the wall 'in the front
l~troom of this one-level home, creating
an attractive facade, and a sunny atmos-
phere inside. Around the corfler, two
mom bedrooms and two full baths com-
plete the bedroom wing, set apart for
bedtime quiet. Notice the elegant vaulted
ceiling in the master bedroom, the master
tub and shower illuminated by a skylight,
and the double vanities in both baths.
Active areas enjoy a spacious feeling.
Look at the high, sloping ceilings in the
fireplaced li~'ing room, the ~liders that
unite the breakfast room and kitchen with
an ai:tjoining deck, and the vaulted ceil- '
ings in the formal dining room off the
foyer.
' Main floor-- 1,727 sq. ft. ·
Basement- 1,727 sq. ft..
Garage -- 484 sq; ft.
A Kad Kreeaer Desian
Inviting Porch Adorns
Affordable Home ~
No. 90682 -'
You don't have to give up storage space
to build an affordable home. With large .
closets just inside the front door and in
ever.~ bedroom, a walk-in pantry by the
kitchen, and an extra-large storage area
tucked behind the garage, you can build
this house on an optional slab foundation
and still keep the clutter to a minimum.
The L-shaped living and dining room
arrangement, brightened by triple win-
dows and sliding glass doors, adds a spa-
cious feeling to active areas. Eat in
formal elegance overlooking the patio, or
hav~ a family meal in the country
kitchen. Tucked in a private wing for a
quiet bedtime'atmosphere, three bed-
rooms and two full baths complete this
affordable home loaded with amenities.
Living area -- 1,160 sq. ft:
Garage m 2-car
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Design S9607
Square Footage: 1,299
· Though rustic in appearance, this two-
bedroom plan provides aU the features
sought after in today's well-planned
home. A large central, area includes a great
room, entrance foyer and kitchen with
serving and eating counter. Note the use
of cathedral ceilings with exposed wood
beams, skylights, clerestory windows and
fireplace in this area. The master suite has
an optional fireplace, walk-in closet, and
whirlpool tub. The second bedroom also
has an optional fireplace and a full bath.
All rooms open to the rear deck, which
supplies space for a hot tub.
Design by
Donald A.
Gardner,
Architect, Inc.
FRONT
Design S8§14
Square Footage: 2,100
· Gingerbread trim crowns the
roof of this spreading plan,
enhanced by an intricate facade
with high-ceilinged spaces. The
covered porch gives way to a tiled
foyer. Double doors on the right '
open to a den or study with a
twelve-foot ceiling. The splendid
great room sports a tray ceiling,
corner fireplace and French doors
to a covered patio. The pass-
through kitchen serves the front-
facing dining room and bayed
breakfast room with equal ease.
Bedrooms include a master suite
with patio access and a sunken
shower, and two secondary bed-
rooms which share a bath.
WIDTH 102'
DEPTH 59'-4"
Porch
Covered Patio
Design by
Home Design
Services, Inc.
Entry
Design S3438
First Floor: 1,489 square feet
Second Floor: 741 square feet
Total: 2,230 square feet
· A unique farmhouse plan which provides a
grand floor plan, this home is comfortable in
country or suburban settings. Formal entertain-
ing areas share first-floor space with family
gathering rooms and work and service areas.
The master suite is also on this floor for con-
venience and privacy. Upstairs is a guest bed-
room, private bath and loft area that makes a
perfect studio. Special features make this a
gmat place to come home to.
--%
59'-0'
Design by
Home Planners,
Inc.
127.
//
Country-Style For
Today
No. 91700
No doubt about it, .this plan, with it's.
wide wrap-around porch, matches the
nostalgic image of a farmhouse.
However, except for the living room,
which can't help but remind us of an
old-fashioned parlor with it's double
doors, ~iis house is .thoroughly modem.
High-ceilinged and bright, the kitchen,
nook'family room ~and dining room
have a free-flowing lay-out and the area
opens onto a wide deck. The first thing
you see, upon entering the home, is the
polished wood of a graceful open
stairwell. At the second floor landing,
it forms an open bridge. Two
bedrooms are tucked away on the
second floor with a full bath. The
kitchen contains both a huge butcher-
block work island and another long
eating bar island. It also features a
large walk-in pantry .and built-in desk.
The master suite ~has :a spa and a huge
walk:in closet as well as a shower,
double vanities and its own access to
xhe deck.
First floor m 1,785 sq. ft. '
Second floor-- 621 sq. ft.
Total living area -- 2,406 sq. ft.
No. 91700
SECOND
14° x I§I
FLOOR PLAN
,BEDROOM :~
140 ~ III
MASTER ~LIITE ~o x
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'Deck Surrounds
House on Three Sides
No. 913~)4
Sitting in the sunken, circular living
room of this elegant family ho. me, you'll
feel like you're outdoors even when
you're not. Windows on four sides com-
bine with a vaulted clerestory for a wide-
open feeling you'll love year-round.
When it's warm, throw open the win-
dows, or relax on the deck.' But, when
there's a chill in the air, back-.to-back
fireplaces keep the atmosphere toasty in'
the living room and adjoining great ·
room. Even the convenient kitchen, with.
its bay dining nOOk, enjoys a back yard
view. Do you sew? You'll love this
roomy spot just steps away from the'
kitchen. Bump-out and bay windows. · '
give the three upstairs bedrooms a cheer-
ful atmosphere, and cozy sitting nooks.
First floor- 1,372 sq.' ft.
Second floor-- 858 sq. ft.
'Traditional Sun
Catcher
No. 20096
Windows and skylights in all shapes and
sizes give this airy home a cozy feeling.
From the two-story foyer to the skylit
breakfast nook off the island kitchen,
active areas are arranged in an open plan
just perfect for entertaining. In warm
weather, you'll.enjoy the huge rear deck,
accessible from both the living and ..'
breakfast rooms. Overnight guests will i; "'""
appreciate the full bath adjoining the i ' '.
D. ~C..K__~.C.-.'-: ....
downstairs den. Upstairs, three bedrooms
open to a balcony overlooking the floor
below. Look at the master suite. A walk-
in closet and shower, double vanities,
and a raised, skylit tub make this spa-
cious area a luxurious retreat.
First floor-- 1,286 sq. ft.
Second floor -- 957 sq. ft.
BEDROOM I '
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Master Suite CroWns
Plan
N~. 916S0
Tradition on the outside, modem iuxury
· within. The delicate lattice work that
covers the,entry way,'the sheltered
.. porch and Ihe classic lines all recall a
bygone em of fine craftmanship. The
luxury, that only modem technology
· - can'bring, is the fheme throughout.
From the stately vaulted ceiling of the
.:' foyert up the wide, Winding staircase to
· ' the, apartment-sized master suite, we '
i. bring you the finest in :modem livinm The:master suite is the heart of this
home, with d6uble doors, spa and a
gigantic walk-in closet.
Main floor-- 1,288 sq. ft.
Upper floor -- 1,094 sq. fl.
Bonus room -- 255 sq. ft.
Total living area -- 2,637 sq. It.
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FAMILY
1710X~10
DII~IING
luoxl /o
,62'0'
No. 91650
BONUS '
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GARAGE
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MAIN FLOOR~
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Romance personified
No. 90439
Here's a stately Victorian that will r~flect
your excellent taste, and accommodate.
your family in comfort. A sprawling,
wrap-around porch leads to a central
foyer flanked by formal living and dining
rooms. Informal areas overlook the back-
yard, including the fireplaced familY
room lined with b6okcases, the sunny
breakfast bay, and the adjoining country
kitchen. Store your extra groceries in the
large pantry on the way to. the laundry
room. The expansive master suite
upstairs, which spans the width of the
house, features built-in shelves, loads of
closet space, and a private bath with
every amenity. A hall bath serves the
other two bedrooms tucked into 'the
gables at the front of the house.
First floor ~ 1,366 sq. ft.
Second floor~ 1,196 sq. ft.
Basement ~ 1,250 sq. ft~
Garage ~ 484 sq. ft.
" 'zU ·
BEDROOM 2 ~ ~ -- BEDROOM $ '
HALL
SECOND FLOOR
No. 90439
WOOD DECK
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. ~FOYER-- · --
Jnviting Porch ~is m~ified cape with attached two c~ .way, the vaultedlceiling in the master
g~age can house a growing hmily for ' suite creates a spacious feeling.
Entarges c'omPact ~ b~gain price. Double d~ in the cozy other bedrooms and a bath shoe the sec-
living room open to the bay-windowed ond fl~r.
Home family room with fireplace and patio
First fl~r ~ 930 sq. ft.
NO..10~ ' access. Eat in the family-size kitchen or
focal dining room. Up the central stair- Seconal'floor ~ 980 sq. ft
Basement ~ 900 sq. ft.
SECOND FLooR
BEDROOM 4 BtEDROOM
9'- I0" I0'- I0"
>
Garage m 484 Sq. ft.
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ILY ROOM
f ueo, ~;,an~ -'~: Grace
N°'201Sl II ]--~ I
Hem's an elegan~ move:up home that .
brings the ~st of yesterday to today's
discerning family. Sturdy brick ' ~,3- -~,l ~3l//lltlllll Illl{~lllllllllll[llll[/ · JZI / -
cons~uction,'a towering columned
porcM and a focal, central ent~ are .
bo~owed elements from long ago. But ' I' ~ ~ {IIIIIIIIIB~II~
themagnificent island kitchen, the
convenience of ~th a living room and l~xls-4 ]llll~, ~ ~ 1S4x~$ -
- i.ro=~ r~i~r ~t~i.~ ~oo~, ~,~ ~i~? · '
. - the his-and-hers walk-in closets in the
sprawling master suite am high on , .............. ~......,] ~ ..........
many. most-wanted lists. Abund~t
~Andows lend a sunny beauty $~OO~d Floor """ "': ' No. ~01~1
.~roughout ~is special home. And,
convenient touches abound: a handy
~Thi
bed
ove:
imas
arc
rate
brea
fire[
· dect
Fin
sec
bar in the book-lined living room, a
'covered porch and sun deck at the rear
of the house: two first-floor powder
rogms, and adjoining baths and walk-in
closets in ali four upstairs bedrooms.
First floor-~. 1,953 Sq. ft.
Second floor-- 1,865 sq. ft.
/
~' Screened porch- 180 sq. fl. ! - Bas
· Basement-- 1;929 sq. ft. 1~ Gm
. Garage-- 864 sq. ft. '{
· ' Total living area ~ 3,818 sq. ft. ~ ' ~'. ' ?ri1 14x19-4-"'"'""~lJIIIlu. 'q ·Garage
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· The exterior of this full two-story is highlighted by
the covered porch and balcony. Many enjoyable hours
will be spent at these outdoor areas. The interior is
highlighted by a spacious country kitchen. Be sure to
notice its island cook-top, fireplace and the beamed
ceiling. A built-in bar is in the family room.
BEDROOM
BEDROOM
16ox 124
BEDROOM
120x I00
MASTER
· " ~. B~,~"o~°,°,~,
Design T162664
1,308 Sq. Ft. - First Floor
1,262 Sq. Ft. - Second Floor; 49,2I'5 Cu. Ft.
Planning Commission M,~eting - July 16, 1997
k. Comply with Chanhassen Fire Department Policy fire sprinkler systems.
Chanhassen Fire Department/Fire Prevention Division #40-1995.
1. Comply with Chanhassen Fire Department Policy on labeling of rated fire walls.
Chanhassen Fire Department/Fire Prevention policy//44-1997.
m. Comply with Chanhassen Fire Department Policy on fire alarms. Chanhassen Fire
Department/Fire Prevention Policy #01-1990.
ne
stalls.
Parking lot layout must comply with Building Code requirements for handicap
The applicant shall enter into a Site Plan Agreement and provide the necessary financial
guarantees to comply with the conditions of approval.
The applicant shall incorporate an entrance on the west side of the building and consider a
plaza treatment in the rotunda area.
Ali voted in favor, except Conrad who abstained, and the motion carried.
PUBLIC HEARING:
CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PORCHES TO
ENCROACH 10 FEET INTO THE REQUIRED FRONT YARD SETBACK.
Sharmin A1-Jaffpresented the staff report on this item.
Peterson: Has there been a preponderance of these requests?
Al-Jarl: No...
Peterson: Is the Honorable Mayor trying to get more porches in our city? Okay. This is open to
a public hearing. May I have a motion to open to public hearing and a second please?
Sidney moved, Conrad seconded to open the public hearing. The public hearing was
opened-
Peterson: Anyone wishing to address the commission, please come forward and state your name
and address please.
Conrad moved, Brooks seconded to dose the public hearing. The public hearing was
closed.
Peterson: Comments. Kevin.
18
Planning Commission Meeting - July 16, 1997
Joyt:e: I'm going to wait and see if anybody else has a comment°
Peterson: Allison.
131aekowiak: Well, I'm one of the people that called and talked to Kate the other day and told her
· Iwasconfused. I understand what, I believe I understand what is trying to, what we're trying to
do here. I don't know that we necessarily need to limit it to 6 feet on each side of the main
entrance- I looked at the plans that you had attached, for example plan number 12 to me, the
porch that goes much longer than 6 feet however, I think it's wonderful and I think that's the
spirit of the ordinance. I think you want to add interest to homes and I don't know if restricting it
Io 6 feet on either side of the door will allow people to do that. I understand the hopes of not
encouraging people to add room additions, and basically that's what you're I think trying to
prevent is people adding a large porch. Encroaching into their setback and then at a later date
enclosing it. Ifa porch is narrow enough, I don't think people will be likely to enclose it so
maybe we could look at it from that perspective as opposed to a length perspective. I don't
lmow,- and again I did talk to the Honorable Mayor about this last night and you know, she
explained to me her position. I understand it but if we've only had two requests for variances, 1
don't know that we really need to get into it at this point. If staff feels strongly that this is
something we need to look at, I think maybe I would like to see it back again and toy a little bit
more with what you're trying to accomplish in terms of maybe an elongated porch or something.
Maybe don't limit it to the 15 feet, or something like that and I don't know what it is I guess right
:now buL
Aanenson: What you're...trying to develop... Anybody that comes in under new construction
cerlain!y the front porch...and anybody coming in today... The issue is when you have an
existing home that now wants to put a porch on and they want to encroach. Do we have to go
through the permitting process of going through a variance? ...but again, we want to encourage
architectural... What we are concerned about is up front space and then.., which is good.
Blackowiak: Oh definitely. I agree with that and I think maybe an intent statement would help
because we don't want to dissuade people from improving their homes and adding things but at
abe same time I understand the need to maintain setbacks and at least get a handle on that so, so
thaI's il.
Paerson: LuAnn.
Sidney:. I looked at this and the first question I asked is...how many of these requests for
· variances have we had? Two. So I think to me it seems like pretty much a non-issue in some
ways. We're not getting a lot of requests for them. I do see Allison's point because that was one
Iking that I thought might be nice is if you would be able to put a porch all the way across the
house to add some interest to the house, but then I can understand staff's position that it much
encourage people to eventually enclose it and use it as living space. So I guess after thinking
about this I feel as a first step...to include existing homes, that this was a good start. I guess I
xvould understand this would be smaller homes on smaller lots and you really may not want to
have this...porches in the front anyway. It's more of an entrance to protect from snow and wind
19
Planning Commission Meeting - July 16, 1997
and rain. And so I think the way it's written I don't understand the 6 feet part but...it appears in
this formula, I agree with staff. What I'm hearing is go back to the intent statement, what do we
write? ...an example here of newer architecture and I guess I don't see that...so I think what
we're trying to do is just provide people with a mechanism to create a better entrance to their
home. Not necessarily expand it with a porch...
Peterson: Thank you. Ladd.
Conrad: Oh I don't think it's a real important issue and I'd rather not have staff spend a lot of
time on this. So an intent statement is appropriate and let's get out of there and pass it on.
Peterson: Great, thanks.' Alyson.
Brooks: My only concern is that if you have an older home that is historically significant that is
without a porch, that is not something we want to be adding porches to. We need to be really
careful of that. One of the worse things I've seen are those great Chaska brick houses with like a
wood lean to on it for a porch. I mean that, it completely destroys the historic visual character of
the property. So I would, if we are going to pass an ordinance like this, I think we need some
kind of clause about the houses in Chanhassen that have obtained National Register listing; or
that have been considered eligible for listing on the National Registe? and monitor putting
porches on historic properties. So I guess before I would pass this I would ask that maybe we
consider adding something about historic properties.
Peterson: Okay, thank you. I don't want to spend a lot of staff's time either. That was my first
reaction. I understand if there was a lot of these, that we take the staff time and commissioners
and Council's time to address this. I don't see that obviously as happening .... because we have
an ordinance, you're always going to have another variance so my reaction is I don't think we
need an ordinance for this slight adjustment that we're making. With that, is there a motion and
a second.'?
Conrad: I would make the motion that the Planning staff recommends, well let me think about
this. I take back my start of the motion Mr. Chairman. If somebody has...consider it.
Peterson: So I ask for a motion again please.
Brooks: I move that we table the motion pending further consideration of it's affect to historic
properties. And I want to use Alison's, some of Alison's concerns but I can't. I'm stumped.
Conrad: The only other thing was an intent statement.
Brooks: Oh, and with the addition of an intent statement. Statement of intent. Want me to say
that again with a complete sentence?
Peterson: I think they can sort that through. Is there a second to that motion?
20
Planning Commission Meeting - ..,ly 16, 1997
Blackowiak: I'II second that.
Peterson: Any discussion?
Conrad: Yes. Mr. Chairman, you would rather not see this back.
Peterson: Correct.
Conrad:. Staff, how much time do you think you'd have to spend on this based on the motion you
justheard? Couple hours?
.Aanenson: Probably.
Coma& Do you two agree with this amendment?
Aanenson: I agree with Craig. I don't think it...
Conrad: And did the Board of Adjustments, did they grant this variance? Did they? Just a
comment. I think it's a well worded amendment. It's very simple. As arbitrary, it seems simple
tO lng.
3,anenson: But as Alison had said, is 6 feet the right amount? ...do you just raise the level...I'm
not sure there's a right answer... There's a lot of homes that have landings... Is that the right
mnount? ...I mean it was an arbitrary number back then...well thanks for the 5 but I need., i
Peterson: Any further discussion?
Brooks moved, Blackowiak seconded to table the amendment to City Code to allow porches
'to encroach 10 feet into the required front yard setback for further consideration to
historic properties and a statement of intent. Brooks, Blackowiak and Sidney voted in
favor. Conrad, Joyce and Peterson voted in opposition. The motion failed with a tie vote
Brooks: Well Ladd, what do you want to do then?
Conrad: I think.
Sidney: .Just leave it.
Brooks: Do you want to pass it as it is?
Conrad: No. No. I think we kill it. I think we kill it.
Brooks: Kill it, Oh, okay. Well that will save my historic properties then. So that works.
21
Planning Commission ,...;eting - July 16, 1997
Conrad: I would recommend that the Planning Commission tums down. I would recommend
the Planning Commission recommends dis.approval of the zoning ordinance amendment 20-908
regarding yard regulations per the staff report of July 16th.
Joyce: I'll second that.
Peterson: Any discussion?
Conrad moved, Joyce seconded that the Planning Commission recommends denial of an
amendment to the City Code to allow porches to encroach 10 feet into the required front
yard setback. All voted in favor and the motion carried.
Conrad: And the rationale for the City Council is that we don't see the need or the accuracy of
the, if we don't see the need of an amendment at this time, and that we feel that the variance
process can handle the few requests that we're receiving.
Peterson: Okay, thank you.
OLD BUSINESS:
Peterson: Any old business Kate?
Aanenson: No.
Joyce: Any comment on this Kate?
Aanenson: The Council directed you to...trail. The issue that we had whether or not identified a
trail out in...hadn't been identified to the potential buyers. The attorney did state that you'd have
to have the underlying property owner's approval and he, Mr. Carlson...but regardless of where
you stop the trail, going north to Lake Lucy, you're able to get over to Minnewashta, that would
be a benefit... What we are...trail, Council wanted to see how that relates, if there's a tie in
continuity...before it comes back for final plat. That was one item that was on the Council's...
APPROVAL OF MINUTES: Joyce moved to note the Minutes of the Planning Commission
meeting dated June 18, 1997 as presented.
ONGOING ITEMS:
Aanenson: Back to me now?
Peterson: Ongoing items.
Conrad: We thought you were thinking.
22