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4 Req. 5ft ShorelandSetback VarCITY OF CHANHASSEN PC DATE: 12/2/03 CC DATE: REVIEW DEADLINE: 2/13/03 CASE #: Variance 2003-18 BY: AA STAFF REPORT Z < < < PROPOSAL: Request for a 5 foot shoreland setback variance LOCATION: 6900 Utica Lane, Lot 16, Block 1, Greenwood Shores APPLICANT: Dale and Gloria Carlson 6900 Utica Lane Chanhassen, MN 55317 PRESENT ZONING: Residential Single-Family (RSF) 2020 LAND USE PLAN: Residential-Low Density ACREAGE: .72 (31,434 sq ft) DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting a 5 foot shoreland setback variance (70 foo shoreland setback) from the 75 foot shoreland setback requirement for the remodel and expansion of a 169 square foot two story addition. 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. LAKE LUCY LAKE ANN PROPOSAL SUMMARY The applicant is requesting a 5 foot shoreland variance for the conversion and vertical expansion of a nonconforming structure. The property is located at 6900 Utica Lane; Lot 16, Block 1, Greenwood Shores Subdivision. The property is zoned Residential Single-Family, RSF, which permits low density single family detached dwelling units. Lake Lucy is a Recreational Development Lake. N b~UU 6830 6801 6831 6850 6880 689O 689O 6806 683O 6870 Lake Lucy 6930 690O 698O 6891 6901 6960 6950 APPLICABLE REGUATIONS DIVISION 4. NONCONFORMING USES* Sec. 20-71. Purpose The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any nonconforming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. Sec. 20-72. Nonconforming uses and structures (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded; provided however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) Maintenance and repair of nonconforming structures is permitted. Removal or destruction of a nonconforming structure to the extent of more than fifty (50) percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to continue the nonconforming structure. Sec. 20-481. Placement, design, and height of structure (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Classes of Public Waters Structures Sewered Recreational development 75 One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the ordinary high water level. BACKGROUND The Greenwood Shores subdivision was platted in 1959 with 84 lots. The subject site is a riparian lot on Lake Lucy. The home was built in 1962, prior to the adoption of the 1972 zoning ordinance. The earliest Shoreland Management District ordinance, that we found, dates back to 1986. The 1986 ordinance referenced the DNR standards which require a 75 foot setback from the Ordinary High Water (OHW) level. The existing home does not meet the 75 foot shoreland setback requirement, being only 70 feet from the lake. The applicant is proposing to convert the existing spa room located on the south side of the home. The room is setback 70 feet from the OHW of Lake Lucy and is proposed to be converted into an office. The applicant is also proposing a vertical expansion to create a second story on the existing foundation. This vertical expansion requires a variance. The existing home location exceeds the front and side yard setback requirements of the RSF zoning district. It maintains a 50 foot front yard setback and a 33 foot side yard setback. There is an existing nonconforming accessory structure located on the north side of the property, which has a side yard setback of 1 foot. The ordinance requires a minimum of 10 feet. ANALYSIS Since the earliest record we located of the adoption of the Shoreland Management District ordinance was in 1986, it appears that the existing structure is a legal nonconforming structure. The applicant is required to apply for a variance to construct any addition, which does not meet the setback requirements, as specified in Sec 20-72 Nonconforming uses and structures: (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. The site has a 19 foot elevation change from the northeastern corner with a high point of 975 and slopes to the west at 956 at the lake. The lower level of the home is a walk out; the second story is the main level of the home. There are no bluffs located on the property. There is a row of pine trees at the front property line; a willow tree near the lake; one tree on the west side of the home, which may be impacted by the construction. The proposed addition is located on the south side of the home. The applicant is proposing to convert the existing spa room into an office, while adding a second story to expand the master bedroom and bath over the existing foundation. This will not change the current 70 foot shoreland setback; however, as stated above, Ifa setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. Thus the applicant is requesting a 5 foot shoreland setback variance to add the second story on the existing foundation. The proposed addition will not increase the nonconformity as it will be constructed on the existing footings of the structure. Nearly all of the neighboring properties meet the required setbacks for the RSF district, including lakeshore properties, with the exception of the subject property, and neighboring lot, lot 19. Lot 19 was also built 70 feet from the OHW and was granted a shoreland setback variance in 1997. Staff has reviewed properties within 500 feet and compiled the following list of variances: File Number Property Lakeshore Variance Request Action Taken 97-7 6990 Utica Lane Yes 17 foot shoreland setback Approved Lot 19, Block I variance for the construction of a deck ?ii, ~ 5 Staff is recommending approval since the proposed expansion is reasonable and does not further encroach into the required lakeshore setback. 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. However, a portion of the existing structure was built 5 feet into the 75 foot shoreland setback. The home was constructed in 1962, while the earliest record of the shoreland overlay district ordinance was adopted in 1986, creating a nonconforming structure, which makes it nearly impossible to expand the westerly half of the 41 year old home without a variance to the setback requirement. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: In reviewing neighboring property's surveys, many meet the 75 foot shoreland setback requirement with the exception of the subject property and one other lot, lot 19; which also has a 70 foot shoreland setback. The subject property is unique in that it was built in 1962, with a portion of the building encroaching 5 feet into the 75 foot setback requirement, prior to the earliest record of the shoreland ordinance adoption in 1986. Co The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The addition will increase the value of the home; however, that is not the primary intension of the applicant. The addition is based on making the home more functional for the current homeowner by converting an existing room to an office and expanding the master bedroom and bath. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created by the homeowner; the home was built within the shoreland setback prior to the adoption of the shoreland management district. Therefore, the house is a nonconforming structure, requiring a variance to expand almost any portion of the home. 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. The setback from the lake will not be reduced or changed. 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 as the addition is located within the building footprint of the existing home, nor will it substantially increase the congestion of the public streets as it is an addition to a private residence RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves Variance #2003-18 for a 5 foot variance from the 75 foot shoreland setback requirement as shown on the registered land survey dated checked and reviewed on March 30, 1992, and based on the findings in the staff report with the following conditions: 1) The applicant shall install a silt fence prior to any excavation if necessary. 2) The applicant shall apply for a building permit. 3) The applicant shall show the location of the existing driveway on the survey." ATTACHMENTS 1) Application 2) Public hearing notice 3) Letter from Bill and Joanne Lambrecht dated 10/25/03 4) Survey 5) Building plans 6) Photographs of existing room to be converted CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Dale & Gloria Carlson, 6900 Utica Lane, Variance No. 2003-18. On December 2, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Dale and Gloria Carlson for a 5 foot shoreland setback variance. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Residential Single Family. 2. The property is guided by the Land Use Plan for residential, low density. 3. The legal description of the property is: Lot 16, Block 1, Greenwood Shores. 4. The Planning Commission shall not grant a variance unless they find the following facts: 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. However, a portion of the existing structure was built 70 feet from the OHW. The home was constructed in 1962, while the earliest record of the shoreland overlay district ordinance was adopted in 1986, creating a nonconforming structure, which makes it nearly impossible to expand any portion of the 41 year old home without a variance to the setback requirement. This is comparable to neighboring properties with surveys on file with the city. · In reviewing neighboring property's surveys, many meet the 75 foot shoreland setback requirement, with the exception of the subject property and one other property, also setback 70 feet from the OHW. The subject property is unique in that it was built in 1962, 5 feet into the 75 foot setback requirement, prior to the earliest record of the shoreland ordinance adoption in 1986. The addition will increase the value of the home; however, that is not the primary intension of the applicant. The addition is based on making the home more functional by converting an existing room into an office, which is permitted by code, and expanding the master bedroom and bath. The hardship is not self-created by the homeowner. The home was built within the shoreland setback prior to the adoption of the shoreland management district. Therefore, the house is a nonconforming structure, requiring a variance to expand almost any portion of the home. 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 adequate supply of light and air to adjacent property as the addition is located within the building footprint of the existing home, nor will it substantially increase the congestion of the public streets as it is an addition to a private residence. 5. The planning report Variance #2003-18, dated December 2, 2003, prepared by Angie Auseth, et al, is incorporated herein. RECOMMENDATION The Planning Commission approves a 5 foot variance from the 75 foot shoreland setback requirement as shown on the registered land survey dated, checked and reviewed March 30, 1992, prepared by Schoell & Madison, Inc. ADOPTED by the Chanhassen Planning Commission this 2nd day of December, 2003. ATTEST: CHANHASSEN PLANNING COMMISSION BY: Secretary Its Chairman CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION ADDRESS: & ~ O0 ~,~T'~ ~'~ L J3.~J ~ TELEPHONE (Daytime) C~5'Z- ~ ']~- ~ oo 7._- OWNER: ADDRESS: TELEPHONE: __ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit __ Non-conforming Use Permit __ Planned Unit Development* __ Rezoning __ Sign Permits __ Sign Plan Review Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit __ Zoning Appeal __ Zoning Ordinance Amendment __ Notification Sign X __ Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/VV 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 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 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 .~" [~_.j (~.¢t~z_.-~,_-: 'L-- ~ LEGAL DESORIPTION ,~?.~.~.~c~ TOTAL AOREAGE WETLANDS PRESENT PRESENT ZONING YES NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST 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. 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 Fee Owner Application Received on /// Date ~.~2 C.C, Date Fee Paid ~'~/~G!~'~'_~~' Receipt No. -L~'~ z.//~' / 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. Chanhassen Planning Commission Chair Uli Sacchet Steve Lillehaug Rich Slagle Craig Claybaugh Bruce Feik Kurt Papke Bethany Tjornhom October 19, 2003 Upon applying for a permit from the City of Chanhassen for the expansion of our bedroom over an existing foundation we have been informed that we must first apply for a variance. Apparently this is due to the fact that our house, built in 1962, is within 75 feet of the Lake Lucy high water mark, thus making it a non-conforming structure. The actual project consists of the following: · Convert existing spa room into an office (no expansion). Expand master bedroom over spa room's existing foundation. · Enlarge existing bathroom in master bedroom. We recognize that variance approvals are not the norm, but upon considering this please note that we are not requesting further encroachment of Lake Lucy. Upon your approval we will be requesting a permit to expand a very small master bath and bedroom that in turn wilt increase the functionality of these rooms. We should also point out that simply changing the spa room into an office without expansion above of it would result in a fiat roof that would be inconsistent with the overall house design. Thank you for your consideration on this variance request, Dale & Gloria Carlson 6900 Utica Lane Chanhassen MN 55317 952-474-30O2 NOTICE OF PUBLIC HEARING PROPOSED VARIANCE CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, December 2, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Dale Carlson requesting a shoreland setback for the construction of an addition on property zoned RSF and located at 6900 Utica Lane. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Phone: 952-227-1132 (Publish in the Chanhassen Villager on November 13, 2003) NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, DECEMBER 2, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Shoreland setback variance for construction of an addition on property zoned RSF APPLICANT: Dale Carlson LOCATION: 6900 Utica Lane NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Dale Carlson, is requesting a shoreland setback variance for the construction of an addition on property zoned RSF and located at 6900 Utica Lane. 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 Angle 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 November 13, 2003. City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. g :\plan",t'orms',review procedure Smooth Feed SheetsTM Use template for 5160® BRUCE A & TAMMY A DUNCAN 6881 UTICA LN CHANHASSEN MN 55317-9516 DALE E & GLORIA J CARLSON 6900 UTICA LN CHANHASSEN MN 55317-9201 DANIEL JR & KlM SCHAITBERGER 6830 UTICA CIR CHANHASSEN MN 55317-9514 EDWARD & CAROL A JANNUSCH 6831 UTICA TER CHANHASSEN MN 55317-9557 EDWIN & CORREEN G NEWINSKI 6930 UTICA LN CHANHASSEN MN 55317-9201 GERALD F HOFFMANN 6830 UTICA TER CHANHASSEN MN 55317-9557 JAMES J HASTREITER JR 6990 TECUMSEH LN CHANHASSEN MN 55317-9543 JAMES W & JUDY A LANDKAMMER 6901 UTICA LN CHANHASSEN MN 55317-9516 JOAN R PRESTON 6960 TECUMSEH LN CHANHASSEN MN 55317-9543 KENNETH W & D EARHART 6880 UTICA LN CHANHASSEN MN 55317-9550 LEON & JOSEPHINE E HENDRICKSON 6986 TECUMSEH LN CHANHASSEN MN 55317-9543 MICHAEL ROLAND WRAYGE 6996 TECUMSEH LN CHANHASSEN MN 55317-9543 PATRICK A MOHR & MAUREEN D LORD MOHR 6890 UTICA TER CHANHASSEN MN 55317-9557 REGINA M HENDRICKSON 6980 TECUMSEH LN CHANHASSEN MN 55317-9543 RICHARD C & JOANNE M POTZ 6991 TECUMSEH LN CHANHASSEN MN 55317-9543 RICHARD D & PAULA RICE 6950 TECUMSEH LN CHANHASSEN MN 55317-9543 ROBERT & TANYA KlM 6870 UTICA LN CHANHASSEN MN 55317-9550 RONALD & JACQUELINE MCCONNELL 6971 TECUMSEH LN CHANHASSEN MN 55317-9543 RONALD C & MARY ELLEN KNUDTEN 6850 UTICA TER CHANHASSEN MN 55317-9557 SCOTT T & JOANNE L REINERTSON 6801 UTICA TER CHANHASSEN MN 55317-9557 STATE OF MINNESOTA IN TRUST C/O AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318-2184 STEVEN A & PATTI J CWODZlNSKI 689O UTICA LN CHANHASSEN MN 55317-9550 TODD J & ELIZABETH J HOFFMAN 6891 UTICA LN CHANHASSEN MN 55317-9516 WILLIAM B & PATRICIA C WARD 6960 UTICA LN CHANHASSEN MN 55317-9201 WILLIAM D LAMBRECHT & JOANNE M LAMBRECHT 6990 UTICA LN CHANHASSEN MN 55317-9201 WILLIAM R & BETH L DODGE 6981 TECUMSEH LN CHANHASSEN MN 55317-9543 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 AVERY® Address Labels Laser 5160® October 25, 2003 Chanhassen Planning Commission Dear Com~nissioners, We are writing to encourage you to grant the variance applied tbr by our neighbors, Dale and Gloria Carlson, for their expanded ~naster bedroom, bathroom and ott~ice. The Carlsons are good neighbors who work hard to keep up their property and improve the co~nmunity as a whole. The proposed project would not hinder the view of the lake tbr any ot' the neighbors. It also would not put at risk the environmental quality of Lake Lucy. The addition would be compatible with the types and sizes of homes in our area and would be an asset to the neighborhood. Yours truly, ..Bill & Joanne Lambrecht 6990 Utica Lanc Chanhassen MN 553 l 7 952-470-4216 1 I ,/