PC Staff Report 08-20-2013a
y �
9 N N A S S
PROPOSED MOTION:
1
PC DATE: August 20, 2013
CC DATE: September 9, 2013 (if necessary)
REVIEW DEADLINE: September 17, 2013
CASE #: 2013 -17
BY: RG, TJ
"The Chanhassen Board of Appeals and Adjustments approves a 3.5 percent variance to the
driveway grade to permit a 13.5 percent driveway grade subject to the conditions of the staff
report and adoption of the attached Findings of Fact and Decision."
SUMMARY OF REQUEST: The developer is requesting a Variance from Section 20- 1122(2)
of the Chanhassen City Code to construct a driveway. The materials included an application and
discussion, a site plan showing a 10 percent driveway grade and a site plan showing a 12.5
percent driveway grade.
LOCATION: 7441 Dogwood Road (Lot 7, Sunset Hill on
Lake Minnewashta)
APPLICANT: Gonyea Homes, Inc. ff "
Attn: Bill Coffman
6102 Olson Memorial Highway
Golden Valley, MN 55422
(612) 202 -0692
billcofftnan@cbbumett.com
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential Low Density
ACREAGE: 0.88 acres (38,547 sq. ft.) DENSITY: NA
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.
Notice of this public hearing has been mailed to all properly owners within 500 feet.
PROPOSAL /SUMMARY
The applicant is requesting a variance from the 10 percent driveway grade limitation to construct a
driveway with grades of 13.5 percent.
Gonyea Variance — Planning Case 2013 -17
August 20, 2013
Page 2 of 6
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article XXIV, Division 2, Section 20 -1122 Access and Driveways
This property is part of an administrative subdivision (Sub #03 -02) which adjusted the lot lines
for part of Lot 7 and Lots 8, 9 and 10, Sunset Hill on Lake Minnewashta. The deeds were
recorded on June 6, 2013.
The plat of Sunset Hill on Lake Minnewashta subdivision was registered with the State of
Minnesota on September 22, 1930.
SITE CONDITIONS
The western edge of the property is on the shoreline of Lake Minnewashta. A bluff is located on the
southwest portion of the property and a gully is to the north.
The property does not have a structure. It does contain a bituminous driveway which appears to be
used for lake access. The existing driveway is at a 19.6 percent grade.
The site is heavily wooded and contains areas of steep slopes and bluffs. At the Dogwood right -of-
way, the elevation is 1004 dropping down to Lake Minnewashta with an Ordinary High Water
elevation of 944.5, a drop of approximately 60 feet over a distance of 360 feet, which represents an
average slope of 17 percent.
NEIGHBORHOOD
The area along Dogwood Road consists of single - family homes on lots with significant elevation
changes down to Lake Minnewashta. There are areas of bluff all along the lakefront. Bluffs are
defined as areas with slopes equal to or greater than 30 percent and elevation changes of 25 feet
or more.
ANALYSIS
The applicant has submitted two plan sheets with the
variance application.
The first drawing is labeled "10 percent Driveway
Grade;" however, this driveway is 11 percent at some
points and would require a variance to be built.
The second drawing is label "12.5 percent Driveway
Grade," but this driveway has a steeper grade near
Dogwood Road, up to 17.4 percent. It also has a steep
section at the turn into the garage where the grade is at
a
4
°
1-�
Gonyea Variance — Planning Case 2013 -17
August 20, 2013
Page 3 of 6
52.6 percent.
The applicant is requesting a variance for a 12.5 percent driveway grade, but has not submitted a
plan that shows a design for 12.5 percent grade. Upon approval of this variance, the applicant
must revise the plans to ensure that the driveway grade does not exceed 12.5 percent at any
point.
The proposed driveway must have the first 10 feet adjacent to Dogwood Road at a shallow grade for
entry onto the roadway. The proposed driveway design must also keep a shallow grade at the
bottom of the driveway near the garage to prevent drainage from flowing towards the garage or
home.
A 12.5 percent grade would be an improvement upon the existing bituminous driveway. Driveways
in this area tend to be steep due to the topography created by their lakeside location. The driveway
of the house next to this property is at 17.4 percent in some parts.
Approximately a 190 -foot long retaining wall with a maximum height of 14 feet is shown to create
a 10 percent driveway grade. With the 12.5 percent driveway grade, the retaining wall can be
reduced to approximately 85 feet with a maximum height of eight feet.
EROSION CONTROL
The topographic consideration of this site, as well as the proximity to a water of the state, require
that extraordinary considerations be made so that erosive conditions are not created and the water
quality of Lake Minnewashta be protected. MN Rules Chapter 6120.2600 reads that "(t)he
standards and criteria are intended to preserve and enhance the quality of surface waters,
conserve the economic and natural environmental values of shorelands, and provide for the wise
use of water and related land resources of the state." By allowing for a steeper driveway, we
would also be allowing for conditions under which the time of concentration for runoff down the
driveway is increased; therefore, the scour force of the runoff is increased. It would be expected
that by allowing for this variance, we would expect to see benefit in the form of decreased land
disturbance, increased protection of the bluff area and an increase in the number of trees
protected on the site which would be in keeping with
shoreland regulations. A review of the proposed plan Lnhi there trees in
indicates this is not necessarily the case. s ar ea?
Under the variance condition not only does the plan indicate
. -Y
the removal of the same trees, there are a minimum of two
additional trees that will need to be removed along the
Unnecessary Tree
,4
southern property line closest to Dogwood. Further, this plan
does not show the trees on the adjoining property to the north
°
i Removal
yet the grading limits extend at least 20 feet onto this
s° h
property. It is indeterminate from the information provided if
this will result in additional tree removal.
The plan showing the requested variance also results in more
land disturbance than proposed under the "10 percent
'
Gonyea Variance — Planning Case 2013 -17
August 20, 2013
Page 4 of 6
Driveway Grade." This includes grading onto both adjoining properties and grading well into
the bluff setback area. The applicant would need to get permission from both land owners and
would need to demonstrate that the project cannot be accomplished without grading within the
bluff setback area. It appears that the grading and drainage can work without these
encroachments.
In conjunction with the soil disturbance and removal of vegetation, the steeper driveway is
directed at the bluff area. While there is some retrograde drainage pattern, there is no apparent
design to mitigate for this directed runoff. This is an alteration of the site drainage as under
existing conditions, no runoff from this lot currently goes to the bluff area. The retrograde
flowage relies on drainage being directed onto the adjoining property to the south before being
brought back to the north and onto the subject property. The variance plan also shows
concentrated flow being directed to an existing gully. The applicant will need to work with staff
during the final site design to assure that the final design does not accelerate erosion within this
gully.
GRADING
One of the reasons the 10 percent maximum driveway grade is in place is to ensure a property
has adequate drainage. Upon review of the drainage in the plan sheets submitted with the
variance application (which will need to be revised per Proposed Work comments), there are
areas that will be problematic for drainage.
In the 12.5 percent driveway grade plan, a high point will be located near the southeast corner of
the house. Water will flow away from the high point to the southeast corner of the house. The
grading must be revised or a spot elevation must be marked so that water will flow away from
the proposed structure.
Near the steepest part of the driveway (52.6 percent), the grading of the front lawn is at 66.7
percent. The grading must be revised so as not to exceed 3:1 slopes.
The 12.5 percent driveway grade plan shows that water will flow over the top of the retaining
wall. Grading must be revised to create a swale so that water will not flow over the top of the
wall. (The retaining wall has not been reviewed other than for grading purposes pursuant to the
approval of this variance. The retaining wall will require a permit before construction.)
The plan shows grading on the adjacent properties to the east and west. The applicant must
obtain permission from the owners of the properties to do any work on their land.
Despite these issues, it appears that the plan may be able accommodate the necessary corrections.
13.5 PERCENT DRIVEWAY
A third plan was received from the applicant on August 14, 2013. This plan is for a 13.5 percent
driveway grade. The proposed driveway has a 3 percent grade for the first 10 feet from
Dogwood Road. This pad allows for safe entrance or exit to and from the street. This plan also
Gonyea Variance — Planning Case 2013 -17
August 20, 2013
Page 5 of 6
reduces the number of tree removals, in keeping with the wooded nature of the lot. The grading
does not extend into the bluff or onto neighboring properties.
This plan was not submitted in time to be fully reviewed, and must follow the conditions of
approval based on the drawings submitted with the variance application.
Staff recommends that the Board of Appeals and Adjustments approve the variance request
subject to the following conditions and adoption of the attached Findings of Fact and Decision:
1. The proposed driveway must have the first 10 feet adjacent to Dogwood Road at a shallow
grade for entry onto the roadway.
2. The proposed driveway design must also keep a shallow grade at the bottom of the driveway
near the garage to prevent drainage from flowing towards the garage or home.
3. The driveway grade must not be steeper than 13.5 percent at any point.
4. Limit tree removal to only those necessary to accomplish the construction of the home and
driveway.
5. Show all trees to be removed or at risk of damage during construction including those on
adjoining properties.
6. Limit grading to only those areas necessary to accomplish the construction of the home and
driveway while maintaining drainage patterns which will not create erosive conditions or
redirect drainage onto neighboring properties.
7. No grading within the bluff impact zone.
8. Provide mitigation measures to prevent increased erosive conditions in the bluff and gully
areas.
9. The site plan must otherwise be compliant with MN Rules 6120.3300 and Chapter 20, Article
VII of Chanhassen City Code.
10. The grading must be revised so that water will flow away from the proposed structure.
11. The grading must be revised so as not to exceed 3:1 slopes
12. The grading must be revised to create a swale so that water will not flow over the top of the
wall.
13. The applicant must obtain permission from the owners of the adjoining properties to do any
work on their land.
Gonyea Variance — Planning Case 2013 -17
August 20, 2013
Page 6 of 6
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Variance Request Narrative.
4. Reduced Copy Certificate of Survey 10 Percent Grade.
5. Reduced Copy Certificate of Survey 12.5 Percent Grade.
6. Reduced Copy Certificate of Survey 13.5 Percent grade.
7. Public Hearing Notice and Mailing List.
gAplan\2013 planning cases12013 -17 7441 dogwood road varianc6staff report gonyea var.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Gonyea Homes, hic. for a driveway grade variance for a single - family home on
property zoned Single Family Residential (RSF) — Planning Case #2013 -17.
On August 20, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned single - family residential.
2. The property is guided in the Chanhassen Comprehensive Plan for residential low density
use.
3. The legal description of the property is as follows:
Lots 9 and 10, Sunset Hill on Lake Minnewashta, Carver County, Minnesota,
except that part lying northeasterly of the following described line:
Commencing at the most southerly corner of said Lot 10, thence on an assumed
bearing of North 07 degrees 39 minutes 49 seconds East, along the easterly line of
said Lot 10, a distance of 68.24 feet to the point of beginning of the line to be
described; thence North 73 degrees 53 minutes 35 seconds West a distance of
20.00 feet; thence North 64 degrees 48 minutes 45 seconds West a distance of
18.88 feet; thence North 53 degrees 03 minutes 27 seconds West a distance of
54.02 feet; thence North 60 degrees 51 minutes 56 seconds West, a distance of
234 feet, more or less, to the shoreline of Lake Minneswashta, and said line there
terminating.
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. 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.
Finding: The approval of a variance to the driveway grade permits the development of
the property as zoned and guided. Many of the houses along Dogwood have grades in
excess of 10 percent due to the significant elevation change between the road and Lake
Minnewashta.
b. 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.
Finding: The steep slope on the property creates practical difficulties in constructing a
10 percent sloped driveway. The existing driveway on the property is at 16 percent grade
so the proposed driveway is an improvement. Construction of a single - family home with
driveway access is a reasonable use of the property.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based on economic considerations alone.
The applicant is proposing to construct a single - family home on a steeply sloped lot in a
residential zoning district.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The alleged difficulty or hardship is not a self - created hardship. The site has
an average slope of 17 percent.
e. The variance, if granted, will not alter the essential character of the locality. (Similar
home sizes)
Finding: Granting the proposed variance request will not alter the essential character of
the neighborhood, a residential district. Many parcels in this area have steep driveways
that may require a variance if they were constructed today.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2013 -17, dated August 20, 2013, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves a 3.5 percent driveway grade variance
(13.5 % grade) to permit the construction of a residential driveway subject to the conditions of the
staff report.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 200' day of
August, 2013.
CITY OF CHANHASSEN
Chairman
gAplan12013 planning cases\2013 -17 7441 dogwood road varianc6findings of facfdoc
VLCAJC
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
Applicant Name and Address:
/ 0 2. 44 :5 0^2 i*1 ✓u2 /.f r it /Glti✓A�f
act A" S Z 2—
Contact: I- n
Phone: bit -zoz -otog2 Fax:
Email: b} Il co;:�Pwah 6P cbb orne+ - cov \
Planning Case No lil ° l�
CITY OF CHANHASSEN
RECEIVED
JUL 'I 9 2013
CHANHASSEN PLANNINO DEPT
Property Owner Name and Address:
S.dME
Phone: Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non - conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
(Additional re in —f� ee ms. ayapply)
Variance (VAR) z•�
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
_X Notification Sign $200
(City to install and remove)
X Eow for Filing Fees/ orney Cost **
5 UP /SPR/VAC A AP /Metes & Bounds
- $450 Minor SUB
YN
TOTAL FEE $ S t (33
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public.hearing.
*Five (5) full -size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format.
* *Escrow will be: for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: (. vs-mm Nmt
LOCATION: 7`/N/ _3>06WOO-t, l2oA�
LEGAL DESCRIPTION AND PID: nOO-7 _5
L.o+ `l t 6""5.0I- W
TOTALACREAGE
WETLANDS PRESENT: YES NO
PRESENT ZONING
REQUESTED ZONING: S
PRESENT LAND! USE DESIGNATION: -as
REQUESTED LAND USE DESIGNATION: ICeS, rAX
REASON FOR REQUEST: _ 5EL='
64+p - F/GvM A DF /d AID 7a 12 5 %
FOR SITE PLAN REVIEW: Include number of existing employees: N I A and new employees: N I A
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 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 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.
Signature of Applicant -�
g pp cant Date
Signature of Fee Owner, Date
SCANNED
gAplanWonnsWevelopment review application.doe
Variance Request - 7441 Dogwood Road
This request is in harmony with the general intent of the comprehensive plan as we are requesting only
a slight increase in driveway grade from a maximum slope of 10% to 12.5 %.
There are practical difficulties complying with the zoning ordinance due to the natural topography of
the site and its wooded nature.
The purpose of the variation is not based on economic considerations but aesthetic considerations of
the site and surrounding homes in the neighborhood to keep the new home lower in elevation and
fitting better with the existing grades at the site.
The plight of the landowner is due to circumstances unique to the property and not created by the
landowner as the natural topography in this area is very challenging.
The variance will not alter the essential character of the locality but improve the character as to help
keep the home lower in elevation and lesson the use of retaining walls on the sides of the home as well
as keeping the side lot drainage and utility easements clear of retaining walls.
Earth shelter considerations are not applicable to this request.
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
August 8, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for the Gonyea Variance Request — Planning Case 2013 -17 to the persons named on
attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner,
and depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this ay of -5 2013.
otary Publ c
Kar i J. En th irdt, De uty Clerk
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ALAN H & KAREN L DIRKS CHARLES H NEWELL III DANIEL D & AMY R GETSCH
7431 DOGWOOD RD 7550 DOGWOOD RD 1069 DORLAND RD
EXCELSIOR MN 55331 -8013 EXCELSIOR MN 55331 -8053 MAPLEWOOD MN 55119 -3576
GONYEA HOMES INC
6102 OLSON MEMORIAL HWY
GOLDEN VALLEY MN 55422 -4919
JOHN P REILLY JR
1214 ADRIAN CIR
CHASKA MN 55318 -1573
MARK D HANSON
7491 DOGWOOD RD
EXCELSIOR MN 55331 -8013
RICHARD C LUNDELL
7341 DOGWOOD RD
EXCELSIOR MN 55331 -8015
WESTWOOD COMMUNITY CHURCH
3121 WESTWOOD OR
EXCELSIOR MN 55331 -8044
JEFFREY A FRANKE
7511 DOGWOOD RD
EXCELSIOR MN 55331 -8052
JOHN R ROERS
7541 BEACON CT
EXCELSIOR MN 55331 -4554
MICHAEL P QUIST
16962 SADDLEWOOD TRL
MINNETONKA MN 55345 -2677
SCOTT M HOLTHUSEN
8421 ALLEGHENY GRV
VICTORIA MN 55386 -8203
JOHN H GETSCH
5 HAZELTINE EST
CHASKA MN 55318 -1039
MARJORIE D GETSCH TRUST
7530 DOGWOOD RD
EXCELSIOR MN 55331 -8053
MICHAEL S SMITH
7501 DOGWOOD RD
EXCELSIOR MN 55331 -8013
VICKI L DILLON
7481 DOGWOOD RD
EXCELSIOR MN 55331 -8013