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1 VAR 900 Hiawatha Drive! CHANHASSEN PC DATE: 10/21/03 CC DATE: REVIEW DEADLINE: 11/16/03 CASE #: Variance 2003-13 BY: AA STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for a 13 foot front yard variance. 900 Hiawatha Drive Lots 805-811 and Lots 853-859 Carver Beach Kent and Mary Braun PRESENT ZONING: Residential Single Family (RSF) 2020 LAND USE PLAN: Residential-Low Density ACREAGE: .66 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting a 13 foot front yard variance (17 foot front yard setback) for the construction of a 1,154 square foot three car garage addition on a single family home. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. PROPOSAL SUMMARY The applicant is proposing a 1,154 square foot three car garage addition to the east and south sides of a single family home located in the Carver Beach addition at 900 Hiawatha Drive. The property is zoned Residential Single Family (RSF). The proposed garage addition on the south side of the dwelling would encroach into the 30 foot front yard setback 13 feet, leaving a 17 foot front yard setback. Weslern Drive Subject Site Nez Perec Drive ttiawratha Drive The purpose of the applicant's request is to accommodate the size of the family by adding on two bedrooms. The applicant argues that by adding on to the east side of the house the livable space would be less effective for family use. l I v APPLICABLE REGUATIONS Division 3 Variances. Sec. 20-65 to 20-60 Sec. 20-614. Lot requirements and setbacks. (1) The minimum lot area is fifteen thousand (15,000) square feet. (5) The setbacks are as follows: a) For front yards, thirty (30) feet. b) For rear yards, thirty (30) feet. c) For side yards, ten (10) feet. Sec. 20-905. Single-family dwellings. All single-family detached homes shall: (2) Conform to the following standards for living areas: a. Ifa one-story rambler design, have an area of nine hundred sixty (960) square feet. BACKGROUND In the residential single family zoning district the minimum lot area requirement for a property is 15,000 square feet. This property has a lot area of 28,000 square feet. The minimum livable area for a single story rambler in the RSF district is 960 square feet; the current home, built in 1958, has a livable area of 1,751.5 square feet of livable space. The minimum front yard setback for a standard lot in the RSF district is 30 feet. The applicant currently has a 37 foot front yard setback. The current east side yard setback is 52 feet, only 10 feet is required. The existing home complies with the zoning ordinance. ANALYSIS The existing home is located within the setback requirements. The applicant could expand the addition further to the east, as the side yard setback requirement is 10 feet. The current east side yard setback is 52 feet. With the proposed addition, the east setback will be reduced to 38 feet. The applicant could also expand the addition to the north, or rear yard of the home. The rear yard setback requirement is 30 feet, while the dwelling is currently setback approximately 132 feet; therefore there is not a hardship on the property, which would constrict the construction of an addition to the house. The applicant could argue against adding on to the north, or rear side of the house due to the desire to divide and sell a portion of the parcel in the future. By not adding on the north side of the existing home, the applicant could maintain a 30 foot rear setback requirement, depending on the division of the property. According to Section 20-73 Nonconforming lots of record, subsection (d), "If two (2) or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance provisions of this chapter." Literal enforcement of the code states that a standard size lot in the RSF district is 15,000 square feet, while the total area of this property is 28,000 square feet. The property could not be divided in to two standard lots, either one or both lots would have a self-created hardship and would not comply with approved criteria for granting a variance in the future. Variances within 500 ft There are properties within 500 f~ that were approved for setback variances as shown in the table below. There is no hardship on the property that would preclude a reasonable use of the property. There are no preexisting standards that would lead to the granting of a front yard setback variance for the expansion of a home. Variance Address Lot Size Number Sq ft 84-14 6699 Hopi Rd 7,222 86-9 881 Western Dr 11,930 91-8 6689 Nez Perce Dr 13,192 94-9 921 Hiawatha Dr 9,945 97-4 6735 Nez Perce Dr 15,298 97-12 6711 Hopi Rd 15,258 00-3 6712 Hopi Rd 15,953 00-14 960 Carver Beach Rd 5,967 Description 5 ft side yard setback variance, 17 ft front yard setback variance for home expansion Extend sewer, water, and street facilities to build a single-family home on a substandard lot 12.5 fl front yard setback variance to expand a residence DENIED 5,000 sq fl lot area variance for construction of a single- family home 8.5 front yard setback variance construction of a porch The city has subsequently amended the ordinance to permit the construction of porches within the required front yard setback on older homes 2 ft side yard setback variance construction of a detached garage 16.5 ft rear yard setback variance for garage expansion 9,000 sq fl lot area variance, 30 fi lot frontage variance, 11 percent hard surface coverage variance for the construction of a single-family home 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 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 criterion. Finding: The literal enforcement of the ordinance does not create a hardship, since a reasonable use of the property for a single-family home exists on the lot and could be expanded without a variance. The property and the current home meet the requirements of the ordinance. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: Due to the fact that the property is larger than a standard size lot and the dwelling can be expanded within the required setbacks a variance is not needed for this particular property. 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 ability to add on to the existing dwelling will increase the value of the property. However, the use of the parcel for a single-family home is reasonable. The owner's intent is to create a more functional home site. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self created as the applicant could build the addition further to the east and north. The home is currently a conforming dwelling. 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 not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. However by granting the variance, the city could be setting a precedent in the neighborhood for reducing setback requirements on oversized parcels which exceed the minimum ordinance requirements for width, depth and area. 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. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #2003-13 for a 13 foot variance from the 30 foot front yard setback requirement based on the findings of this staff report." ATTACHMENTS 1. Application 2. Public hearing notice 3. Proposed Survey 4. Proposed floor plan CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 ADDRESS: ~/'Z ~(~' TELEPHONE (Daytime) DEVELOPMENT REVIEW APPLICATION ADDRESS: TELEPHONE: __ Comprehensive Plan Amendment __ Temporary Sales Permit Conditional Use Permit __ Interim Use Permit ~,~ Vacation of ROW/Easements Variance __ Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* __ Zoning Appeal __ Rezoning Zoning Ordinance Amendment __ Sign Permits __ Sign Plan Review __ Notification Sign Site Plan Review* X i Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/W AP/Metes and Bounds, $400 Minor SUB) __ Subdivision* TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application, pl~-> ~- b~\t ~S Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION L, t.- LEGAL DESCRIPTION L, (:;-~ TOTAL ACREAGE ,' C, (.~' WETLANDS PRESENT PRESENT ZONING REQUESTED ZONING YES tX, NO PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ~"~'/L'.~ fl '- ~-~_. 19 ~ ~ '" This application must be completed in full and be NpewriUen or clearly printed and must be accompanied by all information and plans required by applicable CiW Ordinance provisions. Before filing this application, you should confer with the Planning Depadment 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. I will 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 city 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. Signature of Applicant Date Signature of Fee Owner Date Application Received on 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. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, OCTOBER 21,2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Variance for an Addition APPLICANT: LOCATION: Kent & Mary Braun 900 Hiawatha Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Kent and Mary Braun, are requesting a 13 foot front yard variance for the construction of a 1,154 square foot addition on a single family home on property zoned RSF and located at 900 Hiawatha Drive. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant'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 applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the 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 Angie at 227-1132 or e-mail aauseth@ci.chanhassen.mn.us. 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 October 9, 2003. Smooth Feed SheetsTM Use template for 5160® ROBERT H & PATTI A MANNING 940 LAKE LUCY RD CHANHASSEN MN 55317 DANIEL & TERESA SCHREMPP 1041 LAKE LUCY RD CHANHASSEN MN 55317 LAYNE A BECKMAN & MELISSA R CONDON 6686 HOPI RD CHANHASSEN MN 55317 THOMAS J & ANNE L TEGEN 6641 NEZ PERCE DR CHANHASSEN MN 55317 TODD MICHAEL & GAYLE A LANTTO 981 LAKE LUCY RD CHANHASSEN MN 55317 CITY OF CHANHASSEN CIO BRUCE DEJONG~.,--~ 7700 MAR~ PO BOX 147 CHAN, J;~SSE N MN 55317 LAURI WALD 6679 HOPI RD CHANHASSEN MN 55317 JAMES P & SUSAN M DUCHENE 961 LAKE LUCY RD CHANHASSEN MN 55317 JOSEPH A & JANE L NEWSTROM 1040 WESTERN DR CHANHASSEN MN 55317 CRAIG A & KIMBERLY ANDERSON 6683 HOPI RD CHANHASSEN MN 55317 DANIEL T & PAMELA D O'CONNOR 941 LAKE LUCY RD CHANHASSEN MN 55317 LAYTON B & MADELYN L PAINE 1092 SHENENDOAH CIR CHANHASSEN MN 55317 TIMOTHY W TILLOTSON & KRISTI R NORMAN 78 KELLEY RD CHASKA MN 55318 ROBERT J KAHLMEYER 921 LAKE LUCY RD CHANHASSEN MN 55317 DANIEL J & KAREN A WOITALLA 6689 NEZ PERCE DR CHANHASSEN MN 55317 JEFFREY B & MARY V KING 920 LAKE LUCY RD CHANHASSEN MN 55317 NICOLETTE RANDALL KASTNER 6680 NEZ PERCE DR CHANHASSEN MN 55317 GERALD E & ANN M BOUCHER 1020 WESTERN DR CHANHASSEN MN 55317 JOHN E LONGSTREET & LAURI WALD 6650 HOPI RD CHANHASSEN MN 55317 NICOLETTE RANDALL KASTNER 6680 NEZ PERCE DR CHANHASSEN MN 55317 LEONARD A & MARLENE M DUSOSKI TRUSTEES OF TRUST 1000 WESTERN DR CHANHASSEN MN 55317 JEFFREY D SCHNABEL & DENISE D ROBERGE 6661 NEZ PERCE DR CHANHASSEN MN 55317 ERNIE C & VIOLA E KEEFER' 6681 NEZ PERCE DR CHANHASSEN MN 55317 PAULA MALM-AUSTIN 990 WESTERN DR CHANHASSEN MN 55317 RACHELLE RUSSO 6670 HOPI RD CHANHASSEN MN 55317 SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317 WILLARD & NORMA S SHOBERG 980 WESTERN DR CHANHASSEN MN 55317 WILLIAM E WENDT 1061 LAKE LUCY RD CHANHASSEN MN 55317 ERNIE C & VIOLA E KEEFER 6681 NEZ PERCE DR CHANHASSEN MN 55317 DONALD W & CAROL M ZALUSKY 960 WESTERN DR CHANHASSEN MN 55317 ~'~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® GREGORY & BARBARA J PEPPERSACI< 940 WESTERN DR CHANHASSEN MN 55317 HENRY C & IRENE A DIMLER 961 WESTERN DR CHANHASSEN MN 55317 PAUL A & SHERYLL A KREUTER 1090 CARVER BEACH RD CHANHASSEN MN 55317 STEVEN & GLORIA RAY 920 WESTERN DR CHANHASSEN MN 55317 DENNIS W SCHILLING & NANCY J HALL 941 WESTERN DR CHANHASSEN MN 55317 SARA R SKJERVOLD 900 HIAWATHA DR CHANHASSEN MN 55317 GAYLE J ODETTE 900 WESTERN DR CHANHASSEN MN 55317 MATHIAS & JUDITH JACOBS 921 WESTERN DR CHANHASSEN MN 55317 LARRYESCHROERS 1020CARVER BEACH RD CHANHASSEN MN 55317 MARIA PONO PEDEN 6687 HOPIRD CHANHASSEN MN 55317 LINELL BRECHT SANTELLA 881 WESTERN DR CHANHASSEN MN 55317 RALPH H & SUSAN S SWANSON 1000 CARVER BEACH RD CHANHASSEN MN 55317 RANDY M & LITA M CANTIN 6694 NEZ PERCE DR CHANHASSEN MN 55317 MARY KAY HOGUE 6690 NEZ PERCE DR PO BOX 337 CHANHASSEN MN 55317 THOMAS JR & HILDA REDWING 990 CARVER BEACH RD CHANHASSEN MN 55317 JENNIE A HAYS 6691 POWERS BLVD CHANHASSEN MN 55317 MARTIN ALPERT & SHELLY L V LAROSE 6711 NEZ PERCE DR CHANHASSEN MN 55317 TIMOTHY C & LORNA L GORNY 800 CARVER BEACH RD CHANHASSEN MN 55317 JEFFREY R & TAMI L BRAIEDY 850 WESTERN DR CHANHASSEN MN 55317 ELAINE C OTTERDAHL 6715NEZ PERCE DR CHANHASSEN MN 55317 KERMIT D AUSTAD 980 CARVER BEACH RD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJ_._QN6 7700 MA~R~,B-T"BLVD PO BOX 147 CHANFrASSEN MN 55317 RYAN C & SANDRA L MOSLEY 6710 HOPI RD CHANHASSEN MN 55317 ROBERT B NELSEN & DORIS ANN PUTNAM NELSEN 970 CARVER BEACH RD CHANHASSEN MN 55317 WALLACE & M CHRISTENSEN 1001 WESTERN DR CHANHASSEN MN 55317 GARY J & JACQUELINE A HOFFMAN 860 HIAWATHA DR CHANHASSEN MN 55317 KEITH J & JULIE L PETERSON 921 HIAWATHA DR CHANHASSEN MN 55317 ERNST & LOIS HERRMANN 991 WESTERN DR CHANHASSEN MN 55317 CITY OF CHANHASSE? CIO BRUCE 7700 MA~P'O BOX 147 C HAN~SER M N 55317 CITY OF CHANHASSEN CIO BRUCE D~J~0_~~'~'- 7700 M~D ~O BOX 147 CHANFIASSEN MN 55317 AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® ANDREW A BORASH 6725 NEZ PERCE DR CHANHASSEN MN 55317 ARLEEN & JEAN M MUELLER 1001 CARVER BEACH RD CHANHASSEN MN 55317 WILLIAM R & JEAN K TOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317 ROBERT A WIEST 840 CARVER BEACH RD CHANHASSEN MN 55317 TIMOTHY D & CHARLOTTE SAVALOJA 6770 PENAMINT LN CHANHASSEN MN 55317 STANLEY J & JOY LYNN JAVUREK 6780 REDWING LN CHANHASSEN MN 55317 CITY OF CHANHASSEN CIO BRUC~ 7700 ~"BLVD PO BOX 147 CHA~f~/~EN MN 55317 RICHARD L & HELEN I ROE 6771 PENAMINT LN CHANHASSEN MN 55317 ARNOLD E & LORNA LEMKE & MARIA A LEMKE 6781 REDWING LN CHANHASSEN MN 55317 ANITA BENSON 107 PARKVIEW DR MARSHALL MN 56258 JOSEPH M & LORI L HARRINGTON 901 CARVER BEACH RD CHANHASSEN MN 55317 NATALIE P SATH 6780 PENAMINT LN CHANHASSEN MN 55317 WALFORD A SCHWAB & CHERYL LYNN BRAVO SCHWAB 950 CARVER BEACH RD CHANHASSEN MN 55317 SUSAN E ZECCO 895CARVER BEACH RD CHANHASSEN MN 55317 RAY E & MARY L MIKKONEN 6781 PENAMINT LN CHANHASSEN MN 55317 KEITH DOUGLAS TRASK & ELGAH MOJOKO TRASK 6770 CHAPARRAL LN CHANHASSEN MN 55317 SUSAN E ZECCO 895CARVER BEACH RD CHANHASSEN MN 55317 HAZEL P ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317 JOSEPH M & LORI L HARRINGTON 901 CARVER BEACH RD CHANHASSEN MN 55317 FRANKLIN D ERNST & VICTORIA WALKOVIAK 840 CREE DR CHANHASSEN MN 55317 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317 KENNETH JEROME LUCAS & ANTOINETTE M LUCAS 6735 NEZ PERCE DR CHANHASSEN MN 55317 JAMES P MANDERS 6791 CHAPARRAL LN CHANHASSEN MN 55317 RONALD JAMES & LAURA M CLARK 1021 CARVER BEACH RD CHANHASSEN MN 55317 KEVIN MCGINTY 841 CARVER BEACH RD CHANHASSEN MN 55317 JAMES J REMINGTON 6791 REDWING LN CHANHASSEN MN 55317 JEFFREY A & KATHY L CLEM 1011 CARVER BEACH RD CHANHASSEN MN 55317 REMIGIJUS KLYVIS 6780 CHAPARRAL LN CHANHASSEN MN 55317 ROBERT E GREENWALD JR 6790 REDWING LN CHANHASSEN MN 55317 AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® BRENT & KARLA WENNERSTROM 6790 CHAPARRAL LN CHANHASSEN MN 55317 EDWARD A HJERMSTAD JR 6790 PENAMINT LN CHANHASSEN MN 55317 JULIE J ODENBACH 6800 PENAMINT LN CHANHASSEN MN 55317 GENE B & DEBORAH S ZIMMERLEY 6820 PENAMINT LN CHANHASSEN MN 55317 RANDY TIKALSKY 6801 CHAPARRAL LN CHANHASSEN MN 55317 CHRISTOPHER P WOOD & KATHRYN J GAMM 6801 REDWING LN CHANHASSEN MN 55317 SANDRA J HOLZHEU 6800 REDWING LN CHANHASSEN MN 55317 JOAN C HALEY 6820 REDWING LN CHANHASSEN MN 55317 ~AVERY® Address Labels Laser 5160® CERTIFICATE OF SURVEY For: Kent & Mary Braun 900 Hiawatha Drive City of Chanhassen, Mn LEGAL DIVISION: Lots 805, 806, 807, 808, 809, 810, 811, & Lots 853,854, 855, 856, 857, 858,859, CARVER BEACH. ~GEND: ale: 1 inch = 40 feet arings as ;hown are based on assumed Datum Denotes Iron Monument Found ~te: Propo~?d Addition is shown on drawing with [ash line ~lr,J w~lf be attached to current dwelling. ,te: Area ~ 27976 sq. ft. or 0.6422 Acres ,te: Distances as measured are in feet, ths & hundredths ora foot. J d J J ~ I SURVEYOR'S CERTIFICATION: I hereby certify that this CERTIFICATE OF SURVEY was prepared by me and that I am a duly Registered Land Surveyor under the laws ,o f th;.~ ~t~e, o f Mi~ ~.].eso_t~aL _As surveyed by me th is i ~t:J4 I I I I I II I I I I I 19 V New rounoa[ion ......... Old garage 50 Fireplace Livingroom "1 /'% Mudroom 10-- Closet 6 Bath "2 i 10 I Masterbedroom i 7 ~ I 20 17 36 Kithen Bedroom Famlyroom I Bathroom Bedroom