Narrative1 Introduction
This variance is requested on behalf of Steve and Peggy Emerson at 8409 Stone Creek Court,
Chanhassen, Minnesota. Additional supporting material can be found in Exhibits 1 -3 at the back:
• Exhibit 1: Chanhassen City Code, Sec. 20 -58. - General conditions for granting.
• Exhibit 2: Chanhassen City Code, Chapter 20 — Zoning, Article XXIII — General
Supplemental Regulations, Division 1. Documents previous city code allowances which
support the grant of this variance.
• Exhibit 3: Photographs of current front elevation showing location of proposed addition
• Exhibit 4: Letter from Neighbors in support of project
2 Description of Variance Request
The proposed project for which a variance is being requested is the addition of a covered (but not
enclosed) front porch. The addition of the front porch consists of 3 separate parts:
1) Extension of existing front stoop out to the edge of the garage. The current stoop extends
from the house a distance of 4' -4 ".
2) Addition of a small roof to cover the existing stoop.
3) Addition of a small roof to cover the stoop extension.
The new roof covering the existing stoop and the new roof to cover the new stoop extension
would be supported by pillars so as to be architecturally consistent with the existing house
design. Figure 1 and Figure 2 below show the existing front elevation design without the front
porch and; the proposed (added) front porch. Figure 2 also shows additional remodel of the
garage which is not part of this variance request.
A variance is required because the existing stoop extends into the 30' setback area as does the
proposed front porch and covering roof.
Figure 2 -1. Existing Front Elevation of House
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Figure 2 -2. Figure 2. Proposed Front Elevation of House
(with covered, but not enclosed front entrance)
3 Design Details of Proposed Front Porch Addition
Several pictures are shown below of the proposed front porch addition. Figure 3 -1 below shows the
overhead view of the 1st floor of the existing house. You can see the area labeled "Existing Entry" which
is where the new porch will be attached. The existing stoop will not be modified in any way, however
the front edge will be extended straight towards the garage.
Figure 3 -1. Top level view of current house
Figure 3 -2 below shows the same overhead view of the 1st floor of the existing house with the addition
of the "New Covered Entry". You can see from this picture that the existing stoop is still as previous and
has only been extended toward the garage. You can also see 3 posts that will be used to support the
overhead roof line covering both the existing stoop and the new covered entry area.
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Figure 3 -1. Top level view of current house
Figure 3 -2 below shows the same overhead view of the 1st floor of the existing house with the addition
of the "New Covered Entry". You can see from this picture that the existing stoop is still as previous and
has only been extended toward the garage. You can also see 3 posts that will be used to support the
overhead roof line covering both the existing stoop and the new covered entry area.
Figure 3 -2. Top level view of proposed front porch
Figure 3 -3 below shows the front elevation of the completed front porch entry. You can see from this
picture that the existing stoop and stoop extension has now been covered with a small roof. From the
side of the garage you can see the new roofline extends only a few feet beyond the front edge of the
garage. Figure 3 -4, 3 -5, and 3 -6 below have the dimension details of the existing stoop, covered stoop
extension and side view.
Figure 3 -3. Front Elevation of proposed addition.
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Figure 3 -4. Existing Entry Detail
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Figure 3 -5. New Covered Entry Detail
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Figure 3 -6. Side view details of front porch
4 Supporting Reasons for Granting Variance
The Emerson's are the original owners of the property and had the house built in 1992. The table below
shows a summary of the conditions for granting a variance and the reasons why, for this project, these
conditions are met. Moreover, Exhibit 2, Chanhassen City Code 20 -908, section 5.f.1 provides an
allowance for homes built prior to 1987 "to add an open porch as an architectural feature ", in the exact
way that is proposed as part of this variance request. Although the full city code for 20 -908 is listed in
Exhibit 2, the portion of code (5.f.1) applicable here is listed below.
f. The intent of this section is to a/ /ow homes built Prior to February 19 1987 to add an open uorch
as an architectural feature to define the entrance into a residence or uodate a front elevation
1. Homes built prior to February 19 1987 may have open Porches and /or balconies that
encroach into the reouired front yard a distance not exceeding ten feet provided they
maintain a minimum front yard setback of 20 feet The ten feet shall include the roof line
support columns and steps. This area sha8 not be enclosed nor screened with mesh o /ass
or other similar material Homes that are on the national register listing or have been
considered eligible for listing on the national register shall be excluded from this ordinance
unless approved by the national historical reoistrar's ofFce
The homeowner believes the conditions for granting the variance have been met.
Conditions for Grantinu Variance
Emerson Project
Request Section 20 -58
(1) Variances shall only be permitted when they
Criteria Met. The variance request of the addition
are in harmony with the general purposes and
of a front porch is in harmony with the general
intent of this chapter and when the variances are
purposes and consistent with the comprehensive
consistent with the comprehensive plan.
plan.
(2) When there are practical difficulties in
Criteria Met. There are no other options to
complying with the zoning ordinance. "Practical
adding a front porch (except to build into the
difficulties," as used in connection with the
setback area) which would otherwise comply
granting of a variance, means that the property
with the zoning ordinance.
owner proposes to use the property in a
reasonable manner not permitted by this chapter.
Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar
energy systems.
(3) That the purpose of the variation is not based
Criteria Met. The purpose for the variance
upon economic considerations alone.
request is improve the safety of the front
entrance from ice build -up by covering the
existing stoop and to improve the front entrance
by adding a covered stoop from the edge of the
driveway. The proposed addition also improves
the aesthetics of the house in making it more
visually appealing from the street.
(4) The plight of the landowner is due to
Criteria Met. The property upon which the house
circumstances unique to the property not created
was built is unique in that it is adjacent to a
by the landowner.
wetland and drainage area and a tree
conversation area (see plot). The location of the
drainage area and the tree conservation caused
the entire house to be positioned to the front -
right corner of the lot (towards the southwest
corner of the lot) at the time it was built. The
drainage on the northside of the property was
such that during the home construction, the city
chose to capture a stream which was flowing on
the northside and direct into a storm sewer under
the street.
(5) The variance, if granted, will not alter the
Criteria Met. The front porch addition will not
essential character of the locality.
alter the character of the locality. The
homeowner has obtained signatures from
existing neighbors that they are in agreement
with and accepting of the variance request. see
separate attached signed letter and Exhibit 3.
(6) Variances shall be granted for earth - sheltered
Criteria Met. This property is not an earth -
construction as defined in M.S. § 216C.06, subd.
sheltered construction.
14, when in harmony with this chapter.
Exhibit 1
Sec. 20 -58. - General conditions for granting.
A variance may be granted if all of the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general purposes and
intent of this chapter and when the variances are consistent with the comprehensive plan.
(2) When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the property owner
proposes to use the property in a reasonable manner not permitted by this chapter. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems.
(3) That the purpose of the variation is not based upon economic considerations alone.
(4) The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
(5) The variance, if granted, will not alter the essential character of the locality.
(6) Variances shall be granted for earth- sheltered construction as defined in M.S. § 216C.06,
subd. 14, when in harmony with this chapter.
Exhibit 2
Chanhassen City Code, Chapter 20- Zoning, Article XXIII - GeneralSupplemental Regulations, Division 1
Sec. 10 -908. - Yard regulations.
The following requirements qualify or supplement district regulations. Yard measurements shall be
taken from the nearest point of the wall of a building to the lot fine in question, subject to the
following qualifications:
(1) Every part of a required yard or court shall be open and unobstructed.
(1) A yard, court, or other open space of one building used to comply with the provisions of this
chapter shall not again be used as a yard, court or other open space for another building.
(3) Except as provided in the business, industrial and office districts, the front yard setback
requirements shall be observed on each street side of a corner lot; provided, however, that the
remaining two yards will meet the side yard setbacks.
(4) On double frontage lots, the required front yard shall be provided on both streets. Whenever
possible, structures should face the existing street.
(5) The following shall not be considered to be obstructions (variances granted from a required
setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line, cornices,
canopies, eaves, or other architectural features may project a distance not exceeding two feet
six inches, fire escapes may project a distance not exceeding four feet, six inches, an
uncovered stair and necessary landings may project a distance not to exceed six feet provided
such stair and landing shall not extend above the entrance floor of the building; bay windows,
balconies, open porches and chimneys may project a distance not exceeding three feet;
unenclosed decks and patios may project a distance not exceeding rive feet. Other canopies
may be permitted by conditional use permit
Li. The above -named features may project into any required yard adjoining an interior lot line,
subject to the limitations cited above.
C Porches that encroach into the required front yard and which were in existence on February 19,
1987, may be enclosed or completely rebuilt in the same location provided that any porch that is to be
completely rebuilt must have at least a ten -foot minimum front yard.
d. Subject to the setback requirements in section 10 -904, the following are permitted in the rear
yard: Enclosed or open off street parking spaces, accessory structures, toolrooms, and similar
buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed
decks and patios, and one -story bay windows may project into the rear yard a distance not to exceed
rive feet.
e. Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining walls.
f. The intent of this section is to allow homes built prior to February 19, 1987, to add an open porch
as an architectural feature to define the entrance into a residence or update a front elevation.
1. Homes built prior to February 19, 1987, may have open porches and /or balconies that
encroach into the required front yard a distance not exceeding ten feet, provided they
maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof line
supoort columns and steps This area shall not be enclosed nor screened with mesh glass,
or other similar material. Homes that are on the national register //sdno or have been
considered eligible for listing on the national register shall be excluded from this ordinance
unless approved by the national historical registrar's office.
(6) The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences, retaining walls, nonstructural fire pits, sidewalks, pathways, and patios not
integral to the principal structure (the first ten feet adjacent to the principal structure shall be
considered integral), and other encroachments may be allowed within an easement with an
encroachment agreement if they do not alter the intended use of the easement and at the discretion of
the community development director or designee. A driveway or sidewalk from the street to the house
crossing drainage and utility easements at the front of the property are exempt from this requirement.
(7) Buildings shall not encroach in to any gas transmission pipeline easement Additionally, all
buildings shall maintain a minimum 20 -foot setback from the gas transmission pipeline easement.
Exhibit 3
See pictures below of several angles of the current house front elevation where the proposed front porch is to be
added.
Figure 4 -1. Angled View showing location of proposed porch addition.
Figure 4-2. Current View of Front Elevation
Figure 4 -3. Street view of front elevation
Figure 4 -4. View from Current Front Stoop.
ti 1
To: Chanhassen Planning Commission Date: July 7, 2013
Re: Variance Request for Emerson Remodeling
As neighbors of Steve and Peggy Emerson at 8409 Stone Creek Court, Chanhassen, MN, we
understand they are requesting a variance on their property to add on a front porch. We have
reviewed their plans, understand the request and are in support of the city planning commission
granting their variance request
Proposed Proiect
The proposed project for which a variance is being requested is the addition of a covered (but not
enclosed) front porch. The addition of the front porch consists of 3 separate parts:
1) Extension of the existing front stoop out to the left edge of the garage. The current stoop
extends from the house a distance of 4'-4 ". The forward edge of the extension would be
even with the existing stoop.
2) Addition of a small roof to cover the existing stoop.
3) Addition of a small roof to cover the stoop extension.
The new roof covering the existing stoop and the new roof to cover the new stoop extension
would be supported by pillars so as to be architecturally consistent with the existing house design
as well as houses in the immediate neighborhood. Figure 1 and Figure 2 below show the existing
front elevation design without the front porch and the proposed (added) front porch.
A variance is required because the existing stoop extends into the 30' setback area from the
street.
Figure 1. Existing Front Elevation of House
Figure 2. Proposed Front Elevation of House
(with covered, but not enclosed front entrance)
There are additional improvements to be made to the existing property that are not part of this variance
request and will not require a variance (see garage addition in figure 2). A separate permit request will
cover those additions.
Please feel free to contact us if needed to help support this variance request.
Sincerely,
Jared and Kim Gehle
8410 Stone Creek Court
Chanha en, Mn, 55317
Tom and Jessica Thompson
8429 Stone Creek Court
Chanhassen, Mn, 55317
Ralph and Cathy Cadmus
8426 Stone Creek Court
Chanhassen, Mn, 55317