4 7415 Bent Bow TrailLOCATION:
STAFF-
Req
Constmction Of ~
7415Bent Bow Tmii ' '
APPLICANT:
PRESENT-ZONING:
-,2020 LAND USE PLAN:
A. REAGE.
Terry L. Radii -.' ~."
7415 BentBowTrail. -. ~-
Chanhassen, MN 55'317q
470-0488-_ ___ ' - - . ~
/
/
/
Radii Variance
January 12, 2000
Page 2
APPLICABLE REGULATIONS
Section 20-406 requires a 40 foot setback from the outside edge of the buffer strip along a natural
wetland (Attachment 2).
BACKGROUND
On May 14, 1997, the final plat for the Meadows at Longacres 4th Addition was approved. As part of
this plat, the developer requested 20 foot front yard setbacks for numerous lots, including the subject
site, to "allow for additional distance of the future house from the wetlands." Staff recommended
approval of some of the variances so that greater setbacks could be maintained.
During the home construction process, the developer contacted the City to ask for permission to
encroach a bay window 15 inches into the 40 foot required setback. Staff permitted the encroachment
of no more than 2 feet and required the contractor to sign a Statement of Encroachment (Attachment
4). The contractor mentioned that the patio door and the future deck would be located off of the side
of the house and would not encroach into the setback.
The applicant would like to construct a 13 foot octagonal gazebo, a 14 foot by 23 foot (322 sq. ft.)
deck and 12 foot by 16 foot (192 sq. ft.) patio. The following are the encroachments into the wetland
setback: deck -10 feet, patio -12 feet and gazebo- 4 feet.
ANALYSIS
The applicant requests a 12 foot variance from the 40 foot wetland setback for the construction of a
gazebo, deck and patio. The proposed deck and gazebo is accessed from an existing patio door. The
proposed patio is accessed from the lower level. The home was constructed in the summer of 1999.
Site Characteristics
The lot is 14,812 sq. ft. (average -93 feet by 169 feet). The buildable area is limited by the required
20 foot front yard setback, 10 foot side yard setbacks and the 40 foot wetland setback.
A natural wetland is located on the northeastern portion of the site. This wetland extends through
Lots 4-10, Block 4 of the Meadows 4th Addition and Lots 5-8, Block 3, Woods at Longacres 2nd
Addition. The buildable area is a rectangle and approximately 55 feet in depth, thus leaving sufficient
area for a house and deck. At the time of plat review, staff determined that a 60 foot by 40 foot house
pad with 12 foot by 12 foot deck could be accommodated on the site (see Attachment 5).
Permitted Use
This site is zoned PUD-R, Planned Unit Development- Residential. A single family home can be
legally constructed on the site. The zoning ordinance (Section 20-1124 (2) f) requires two parking
spaces, both of which shall be completely enclosed for single-family dwellings. Currently, a single
family dwelling with a three-stall garage is on site.
Radil Variance
January 12, 2000
Page 3
Reasonable Use
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
PUD-R zoning district, a reasonable use is a single-family home with a two-stall garage. The
property owner has a reasonable use of the site. It is not a hardship to be without a deck. A deck
could be constructed that meets ordinance requirements.
Wetland Setback
Although this report does not intend to justify the wetland setback, staff would like to briefly address
its purpose. Wetland setbacks intend to protect the wetland from construction activities and provide a
buffer from human disturbances of the ecological functioning of the wetland. These buffers also filter
out harmful materials found in surface water runoff. The builder (and developer) of the home agreed
to the wetland setback and were aware of its impacts on the development and the subject site.
The problem with allowing structures in this setback zone is that it shifts residential activity closer to
the wetland. Meanwhile, the encroachment leads to degradation of the wetland on other properties.
For instance, while visiting this site, it was noted that a playground set was placed in the wetland on a
neighboring property (see right picture below).
· ' ,*~ · '.' ~
Rem ~d Side Elevmion
A Neighboring Property
The City compromised by allowing an encroachment of the bay window (15 inches) without a
variance because of the assurance that there would be room for a deck outside of the wetland setback
and that no further encroachment would take place.
A site inspection revealed that the wetland buffer strip is gone, the buffer strip monument is missing
and the large pile of boulders (in the side and rear yard) indicates that further intrusion has been
planned in the wetland setback area.
Radii Variance
January 12, 2000
Page 4
Alternative
A deck can be built on the house (see Attachment 6) without a variance. The deck can be 7 feet in
depth at the shortest distance and can extend to within 5 feet of the property line. Although this is not
their first choice, it still allows a deck to be constructed.
The justification for the variance is to utilize their backyard in a manner similar to adjacent
properties. The lack of a deck does not preclude the property owner from utilizing the backyard. A
deck can be constructed on the property without a variance. The applicant has a self-created hardship,
as they are the original owners and selected the home plan. Although it complies with ordinance,
with the exception of the cantilever encroachment, the footprint is too deep to allow the deck
proposed by the owner. Clearly, the deck, patio and gazebo should have been designed to maintain
the required setbacks.
Staff does not support the variance since a hardship has not been demonstrated. The intent of the
wetland setback requirement is to protect and enhance our natural environment. If we continue to
permit encroachments, this protection will be futile.
FINDINGS
The Planning Commission 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
surronndings, 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 them are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet these criteria.
Finding: The literal enforcement of the ordinance does not create a hardship because a deck can
be constructed on the site without a variance. Approving the variance will depart downward
from pre-existing standards and create a new neighborhood wetland setback. The City, as part
of the subdivision approval, granted a setback variance from the required front yard setback to
permit development of the site and protect the wetland.
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 many properties in
the PUD-R 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.
Radii Variance
January 12, 2000
Page 5
Finding: The deck will increase the value of the property, however, staffdoes not believe that
is the sole reason for the request.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: Since the applicant is the original owner of the property and selected the house plan,
the hardship is self-created. It was shown, as part of the subdivision process, that a reasonable
use could be made of the property within the required setbacks.
eo
The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood however, it will permit an encroachment into
an environmental setback, which could lead to the degradation of the natural wetland.
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 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. However, it will increase the degradation of a natural wetland abutting this and
10 other properties in the Longacres development.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies Variance #2000-1 for a 12 foot variance from the 40 foot wetland
setback for the construction of a gazebo, deck and patio based upon the following:
1. The applicant has a reasonable use the property.
2. The applicant can construct a deck on the site without a variance."
ATTACHMENTS
1. Application and Letter
2. Section 20-406
3. Survey and Deck Plans
4. Statement of Encroachment
5. 60 foot by 40 foot House Pad
6. StaffRevised Deck Plans
Radii Variance
January 12, 2000
Page 6
7. Public heating notice and property owners
8. Letter from Neighbor
g:\plan\¢k~boa~radi100-1 vax. doc
CITY OF CHANHA$$EN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
'~APPLICAN'~: ADDRESS:
DEVELOPMENT REVIEW APPLICATION
TELEPHONE (Day time)
1. 1999
cr'rY uY
Comprehensive Plan Amendment
__ Temporary Sales Permit'
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Vacation of ROW/Easements
Variance ~-7/~' O/-~2
Wetland Alteration Permit
__ Planned Unit Development*
__ Zoning Appeal
__ Rezoning
__ Zoning Ordinance Amendment
__ Sign Permits
Sign Plan Review
__. Notification Sign
__ Site Plan Review* X
Subdivision*
__ Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPR/VACNAR/W AP/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.~a, sables mused with site pla~/e~
*Tw~'lty~folded c~ies of the plans must be.su~rnitted, incl[I.ding~l-8~ 11" reduced copy of
tTsparency f°r?ch ~heet'
" re ' ations rough the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL ACREAGE
WETLANDS PRESENT
YES ~NO
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST ~//~77LiZ.~y~l.'~,z~.d~')tn/ ;,,~,~t~/i..¢x~./')?...~/?,,?~,~-
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
] w~l keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The c~ty hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions are approved by the applicant.
Sig na~ re~ A'~ppl c~a~n~..~~ Date
Signature ef Fee Owner
Application Received on"~--'- -'I~I(/~I(~C~ FeePaid ~'-~J~-'-'~) ReceiptNo.
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.
Variance i:~equest Detail
December 14, 1999
Terry and Karen Radii
7415 Bent Bow Trail
Chanhassen, MN 55317
612-470-0488 ~
Description of variance requested.
> Proposed deck would extend 6 feet into the Wetland Buffer SetbaCk, deck stairs
would extend'an additional-4 feet for a total of 10 feet.
> deck size 'is 23 feet wide by 14 feet'deep
> '..Proposed .patio would extend 12 feet into the Wetland Buffer Setback.
> patio size is 16 feet wide by 12 feet deep-
~--. Proposed gazebo would extend 4 feet into the Wetland Buffer Setback.
> gazebo is a 13 feet octagon
See attached diagram for overview of layout.
We are requesting this variance to utilize our back yard' in a similar manner as the
surrounding neighbors.. Most-of the properties in-the area'have'similar sized decks and
patios. Some properties have screened in, 'three or four season porches, some of
which are'further than the 500 feet property boundary butare within, the same Long ·
Acres development.
ZO~TING § 20-406
(3) Wetlands, pristine. We+l~d~ tho~ exist in a natural state and have special and
unusual qualities worth protecting at a high level are called pristine. These qualities
' ~include: 'outsf~ndlng vegetation' connnunity, native species population, rare or un-
uz,,,,l zpecie~ present, and habitat for rare wildlife species.
(4) Utilized. Utilized water bodies create~ for the specific purpose of surface water runoff
retention and/or water quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland characteristics. Wetland alteration
permits shall not be required to undertake work on these water bodies.
(Ord. No. 180, § 1, 12-14-92)
Sec. 20-404. No net loss.
To achieve no net loss of wetland, except as provided under section 20-416 of this article,
or authorized by a wetland alteration permit issued by the city, a person may not drain, grade,
iill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size
or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully
mitigated so that there is no net loss of wetlands.
(Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 2, 4-25-94)'
Sec. 20-405. Standards.
The following standards apply to all lands within and abutting a wetland:
(1) Septic and soil absorption system must be a setback minimum of seventy-five (75) feet
from the ordinary high water mark of the wetland.
(2) The lowestground floor elevation is two (2) feet above ordinary high water mark of the
wetland.
(3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high
water mark or six (6) to eight (8) inches above the ground level, whichever is greater.
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of
a wetland alteration permit.
(5) The city's Best Management Practices Handbook shall be followed.
(Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 3, 4-25-94; Ord. No. 240, § 11, 7-24-95)
Sec. 20-406. Wetland buffer strips and setbacks.
(a) For lots crea~ed after December, 14, 1992, (date of ordinance adoption), a buffer strip
shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall
be left undisturbed and applied toward the buffer strip unless otherwise approved by city
council. Buffer strip vegetation shall be established and maintained in accordance to the
following requirements. If the buffer area is disturbed, plant species shall be selected from
wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall
be identified by permanent monumentation acceptable to the city. In residential subdivisions,
a monument is required for each lot. In other situations, a monument is required for each three
Supp. No. 8 1188.3
§ 20-406
CHANHASSEN CITY CODE
hundred (300) feet of wetland edge. The buffer strips and structure setbacks shall meet the
following standards:
Wetland ~ype Pristine
Principal Struc- 100'
tare Setback
Buffer Strip 20--100'
Buffer Strip 50'
Minimum Aver-
age Width
% of Native Entire
Vegetation in
Buffer Strip
Natural Ag/Urban Utilized
40' measured 40' measured 0'
from the out- from the out-
side edge of the side edge of the
buffer strip buffer strip
10--30' 0--20' 0'
20' 10' 0'
Entire Optional Optional
AG/URBAN WETLAND ILLUSTRATION
I
¢ ~ 3!'----.~
-'.,-60' {~lw
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I SETBACK
FROM WETLAND
1~ BUFFER
~C 40'-
(AVERAGE 10' ~)
The dimensions of the buffer strips may be adjusted by the city based upon the quality of the
wetland, local topographic conditions, and the type and design of development being proposed.
The table above provides minimum and maximum dimensions for the buffer strip. The use of
a meandering buffer strip to maintain a natural appearance is encouraged. Where roadways
are constricted next to a wetland, the average buffer strip width for the adjacent wetland shall
Supp No. 8 1188.4
ZONING § 20-407
be maintained. Structure setbacks are also described in the table. On single-family subdivi-
sions in the RSF district, the applicant must demonstrate that each lot provides sufficient area
to accommodate the applicable front yard setback, sixty-foot by forty-foot deep building pad,
and a thirty-foot rear yard area. All of these elements must be provided outside of designated
wetland and buffer strip areas.
(b) For lots of record on December 14, 1992 (date of ordinance adoption) within wetland
areas and for lands abutting a wetland area, the following minimum provisions are applicable
unless alternative plans are approved by the city under a wetland alteration permit:
Pristine Natural Ag / Urban Utilized
Setback Princi- 100' 75' 75' 0'
pal Structure
The city may approve reduced wetland setbacks as outlined in subparagraph (a) above.
(Ord. No. 180, § 1, 12-14-92; Ord. No. 240, § 12, 7-24-95)
Sec. 20-407. Wetland alteration.
(a) An applicant for a wetland alteration permit shall adhere to the following principles in
descending order of priority:
(1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the
wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and
its implementation;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
activity and its implementation;
(4) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
(5) Replacing unavoidable impacts to the wetlands by restoring or creating substitute
wetland areas having equal or greater public value as set forth in Minnesota Rules
8420.0530 to 8420.0630.
(b) A wetland alteration permit shall not be issued unless the proposed development
complies within the provisions of the Mitigation Section of this article, as well as the
standards, intent, and purpose of this article.
(c) The treatment of wetlands to control nuisance algae.
(1) The city must be notified prior to the use of any form of treatment.
(2) At the time of notification, a person or company will be required to supply the following
information:
a. Location of pond.
b. Area of pond to be treated.
Supp. No. 10 1188.5
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CIT OF
CHAN EN
890Ci7 Center Drive, PO Box 147
Chanhasse~, Minnesota 55317
Phone 612.937.1900
General £ax 612.937.5739
Engineering ?ax 612.937. 9152
Pt~blic Safe(y Fax 612. 934.2524
lt3b www. ci. chant~assen, mn. us
STATEMENT OF ENCROACHMENT
The City of Chanhassen approves Building Permit #9900507 for 7415 Bent Bow
Trail. The approved structure encroaches into the wetland setback, but to the best
of the knowledge of the City and the applicant, the construction of the structure
will not encroach more than 2 feet in the setback zone.
All future construction, including decks and patios will not be permitted to
encroach on the wetland setback unless approved by a variance fi'om the City. All
conditions of the wetland setbacks for the Meadows at Longacres 4th Addition
development still apply.
Th~ .a. pp, licant agrees t~) all .c. flnditions and statements.
l~u'~ c~,~i~ P ermlt ~} ic ant
City Staff
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NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, JANUARY 19, 2000 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL:
Variance for the Construction
of a Deck
APPLICANT:
LOCATION:
Terry Radii
7415 Bent Bow Trail
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Terry Radii, is requesting a variance from the 40 foot wetland setback for the construction of a deck
located at 7415 Bent Bow Trail (Lot 10, Block 4, Meadows and Longacres 4th Addition).
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 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.
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 January 6, 2000.
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City Of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(6t2)937-1900
(612)937-573!)
Invoice
COPY
To:
Terry Radii
7415 Bent BowTrail
Chanhassen, MN 55313'
CONTACT PERSON
DATE
TERMS
Vicki 1/3/00
Payment due upon receipt
DESCRIPTION
Property owners list within 500' of 7415 Bent Bow Trail
(36names)
UNIT PRICE AMOUNT
$1.50 $54.00
TOTAL DUE $54.00
Make all checks payable to: City of Chanhassen
Please write the following code on your check,: GIS List
If you have any questions concerr~g this invoice, call: (612)-937-1900.
THANK YOU FOR YOUR BUSINESSI
6~o