PC Staff Report 08-19-2014-1--\ _ LL
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies the bluff setback variance request and
adopts the attached Findings of Fact and Decision."
SUMMARY OF REQUEST: The property owner is requesting 13 -foot bluff setback variance
from the toe of the bluff to construct a water - oriented structure.
LOCATION: 3880 Lone Cedar Point (PID 25- 1700070) O`
APPLICANT: Scott T. Murphy
3880 Lone Cedar Lane
Chaska, MN 55318
PRESENT ZONING: Single Family Residential (RSF).
2020 LAND USE PLAN: Residential Low Density
(Net density 1.2 — 4.0 units per acre)
ACREAGE: 0.7 acres 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
property owners within 500 feet.
PROPOSAL /SUMMARY
The applicant is requesting a 13 -foot bluff setback
variance to locate a water - oriented structure 17 feet
from the toe of a bluff.
Planning Commission
3880 Lone Cedar Lane Variance — Planning Case 2014 -20
August 19, 2014
Page 2 of 4
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article VII, Shoreland Management District
Section 20 -481, Placement, design, and height of structure.
Chapter 20, Article XXVIII, Bluff Protection
Section 20 -1401, Structure setbacks.
BACKGROUND
The Bluff Protection section of City Code states, "accessory buildings, except stairways and
landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the
bluff and the side of the bluff at least 30 feet" (Sec. 20 -1401 (a)). The applicant is requesting a 17-
foot bluff setback to construct a water- oriented structure. The property currently has a legal non-
conforming 6.9 -foot by 7 -foot water - oriented structure located within the bluff on the north side of
the property, which will be removed with the construction of a new water - oriented structure.
ANALYSIS
The applicant is proposing an 18 -foot by 12 -foot water- oriented structure to be constructed 17
feet from the toe of a bluff. This is a 13 -foot variance from the required 30 -foot setback from the
top, toe and side of a bluff (City Code Sec. 20 -1401 (a)). The applicant is proposing this location
so that the water - oriented structure is located outside of a 20 -foot wide sanitary sewer easement,
which begins less than 30 feet from the toe of the bluff and ends between 8 feet to 12 feet from
the Ordinary High Water Level, on the property. The applicant is applying for a variance because
he wishes to have a permanent structure, which is not allowed within sanitary sewer easements.
The applicant could avoid the need for the variance by locating the structure atop the existing
sanitary sewer easement. This would require an encroachment agreement, and that the structure
be free moving (i.e. no foundation) so that it can be removed in the event that sanitary sewer
maintenance by the City is necessary.
The applicant's proposed location for the water- oriented structure is completely out of the
sanitary sewer easement. A structure in this location would not need to be removed in the event
that the City needed to complete maintenance within the sanitary sewer easement. On this
property, there are not any areas along the toe side of the bluff that could accommodate a water -
oriented structure without being either within the bluff setback or within the sanitary sewer
easement. The applicant has provided a lot survey showing the proposed water - oriented structure
placement in regards to the toe of the bluff and the bluff setback line (see image on next page).
The proposed location is farther from the Ordinary High Water Level than is required by the
Shoreland Protection Ordinance (Sec. 20 -481 (2)). Additionally, being on the downhill side of
the bluff, the structure would not generate additional runoff down the bluff.
Planning Commission
3880 Lone Cedar Lane Variance — Planning Case 2014 -20
August 19, 2014
Page 3 of 4
The reason for the bluff
setback is to protect the
bluff from erosion due to
removal of the tree
canopy and vegetation,
redirection of surface
drainage and increase
flow rates and volumes
on the bluff. The
proposed location for the
water- oriented structure
would require minimal
vegetation removal and
could be completed
without increasing
erosive conditions.
As seen below, the Cedar
Crest (Chan)
development does not
have a very extensive
history of granting
variances. Within 500
feet of the subject
property, staff noted
three variance requests.
Of these variance
requests, one was for a
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10 -foot bluff setback variance to construct one (1) retaining wall.
Variance
Number
Address
Description
Action
VAR 78 -10
3895 Lone Cedar Lane
An 18.5 -foot front yard setback variance for
No
Record of
the construction of a single - family home.
Decision
VAR 02 -13
3840 Lone Cedar Lane
A 10 -foot bluff setback variance to construct
Approved
one (1 ) retaining wall .
CAS 07 -07
3820 Lone Cedar Lane
A Subdivision Variance for access off a
Approved
private street.
If a variance is granted, the Board of Adjustments and Appeals would need to adopt the
appropriate Findings of Fact and Decision. It would also be recommended that the applicant
work with city staff to situate the structure to assure that erosive conditions are not created and
the bluff area is not at risk. The property owner shall remove the existing legal non - conforming
water - oriented structure within the bluff setback. Per City Code (Sec. 20 -481 (2)), "Each lot
Planning Commission
3880 Lone Cedar Lane Variance — Planning Case 2014 -20
August 19, 2014
Page 4 of 4
may have one water - oriented accessory structure not meeting the normal structure setback in
subsection 20- 481(a)." Furthermore, should the variance be approved, the applicant should be
aware that a building permit is required and the structure must comply with Minnesota State
Building Code.
RECOMMENDATION
Staff recommends that the Planning Commission deny the variance application and adopt the
attached Findings of Fact and Decision.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Reduced copy Land Survey.
4. Affidavit of Mailing of Public Hearing Notice.
g: \plan\2014 planning cases\2014 -20 3880 lone cedar lane variance\staff report 3880 lone cedar lane.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Scott T. Murphy for a variance from the bluff setback requirements to allow for a
18 -foot by 12 -foot water - oriented structure 17 feet from the toe of a bluff on property zoned Single -
Family Residential District (RSF) — Planning Case 2014 -20.
On August 19, 2014, 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 District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is as follows:
Lot 7, Block 1, Cedar Crest (Chan), Carver County, Minnesota
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 bluff setback requirement is designed to protect and preserve natural
resources. Encroachment into the setback may have a detrimental effect.
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 practical difficulty of complying with the bluff setback is due to a 20 -foot
wide sanitary sewer easement located near the shoreline. The property owner is
proposing a permanent water- oriented structure, which are not allowed within sanitary
sewer easements. There are not any other locations near the shoreline that are available
for the property owner to locate a permanent water - oriented structure. The practical
difficulty can be overcome by constructing a water - oriented structure that does not
contain a permanent foundation, and obtaining an encroachment agreement to be located
in the sanitary sewer easement.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for a water - oriented structure.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The difficulty of complying with the bluff setback is due to the topography of
the property and a 20 -foot wide sanitary sewer easement. There are not any other areas
on the parcel that the property owner can locate a permanent water- oriented structure;
however, a free standing water - oriented structure can be located within the sanitary sewer
easement, with an encroachment agreement.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance would not alter the character of the area. Aerial
images shows that multiple properties have water - oriented structures.
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 #2014 -20, dated August 19, 2014, prepared by Drew Ingvalson, et al,
is incorporated herein.
DECISION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment,
denies Planning Case #2014 -20 for a 13 -foot setback variance to allow a water - oriented structure
on property zoned Single - Family Residential District."
ADOPTED by the Chanhassen Planning Commission this 19th day of August, 2014.
CITY OF CHANHASSEN
BY:
Chairman
2
clTV RECEIVCN�P� 3Ety
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55314UL 18 2014 I )�
Phone: (952) 227 -13001 Fax: (952) 227 -1110
f HW4%R h?PifiMdBF? =L>FF
APPLICATION FOR DEVELOPMENT REVIEW
Date Filed: 7/18/2014 60 -Day Review Deadline: Its d.pt4 Planner. 7DT U Case
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on -site sewers ..... $100
❑ Conditional Use Permit
❑ Single - Family Residence . ............................... $325
❑ All Others .............................. ........................... $425
❑ Interim Use Permit
❑ In conjunction with Single - Family Residence
❑ All Others... .............. ................ ........
❑ Rezoning
❑ Planned Unit Development (PUD) ................
❑ Minor Amendment to existing PUD ...............
❑ All Others ........................ ...............................
$325
$425
$750
$100
$500
❑ Sign Plan Review ........................ ........................... $150
❑ Site Plan Review
❑ Administrative ................... ............................... $100
❑ CommerciattindustrialDistricts* ......................$500
Plus $10 per 1,000 square feet of building area
*Include number of existing employees:
and number of new employees:
❑ Residential Districts .......... ............................... $500
Plus $5 per dwelling unit
❑ Subdivision
❑ Create 3 lots or less ......... ............................... $300
171 Create over 3 lots .......................$600 + $15 per lot
❑ Metes & Bounds .........................$300 + $50 per lot
❑ Consolidate Lots ................... ...........................$150
❑ Lot Line Adjustment .............. ...........................$150
❑ Final Plat * ............................. ...........................$250
*Requires additional $450 escrow for attorney costs.
Escrow will be required for other applications through the
development contract.
❑ Vacation of Easements/Right-of-way... ................ $300
(Additional recording fees may apply)
® Variance ................................ ............................... $200
❑ Wetland Alteration Permit
❑ Single- Family Residence ............................... $150
❑ All Others ...... .................... ........ .................. ... $275
❑ Zoning Appeal ....................... ............................... $100
❑ Zoning Ordinance Amendment ............................ $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
(Refer to the appropriate Application Checkfist for required submittal
information that must accompany this appik ation)
ADDITIONAL REQUIRED FEES:
® Notification Sign .................... ............................... $20() TOTAL FEES: $104.00
(City to install and remove) t
® Property Owners' List within 500' ..... ... $3 per address Received from: Sco* H,LrPhJ
(City to generate — fee determined at pre- application meeting)
® Escrow for Recording Documents.. $50 per document Date Received: aw. 14 Check Number: 1,0
(CUP /SPRNACNARIWAP /Metes & Bounds Subdivision)
• 'Required
Project Name: boathouse
Property Address or Location: 3880 Lone Ceaar Lane, Chaska, MN 55318
Parcel #: 25.1700070 Legal Description: of 007, Block 001, subdivision
Total Acreage: 0.70 Wetlands Present? ® Yes ® No
singly residential single family residential
Present Zoning: Requested Zoning:
Present Land Use Designation: ow enSity resl anti Requested Land Use Designation: ow density real entla
Existing Use of Property: primary residence
Description of Proposal: 12'x 1 water oriented structure built near lake shore
2 Check box if separate narrative is attached
. ", Sf' Ctioh, 3:,, �' rnperiy_ �3�va�erpnd�Pl�licant�nformaiion :.
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct
Name:
Address:
City /State /Zip:
Email:
Signature: _
Contact
Phone:
Cell:
Fax:
Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. 1 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. I certify that the information and exhibits submitted are true and correct.
Name: Scott Murphy Contact: Scott Murphy
Address: 3880 Lone Cedar Lane Phone: 952-401-7824
City /State/Zip: Chaska, MN 55318 Cell: 612-750-7953
Email: murphy s me Iacom .net Fax: 95 --2-40-1-7-
71700 14
Signature:
Date.
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, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
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.
PROJECT ENGINEER (if applicable)
Name:
Address:
City /State /Zip:
Email:
Contact:
Phone:
Cell:
Fax:
eCti0n37 ;,N!61ificptiPnjgformation - - -
Who should receive copies of staff reports? *Other Contact Information:
❑
Property Owner Via:
❑ Email
❑ Mailed Paper Copy
Name:
❑
Applicant Via:
❑ Email
❑ Mailed Paper Copy
Address: _
❑
Engineer Via:
❑ Email
❑ Mailed Paper Copy
City /State /Zip:
❑
Other* Via:
❑ Email
❑ Mailed Paper Copy
Email:
July, 18, 2014
Scott Murphy
3880 Lone Cedar Lane CITY OFCHANHASSEN
Chaska, MN 55318 RECEIVED
Application for variance on Murphy Boat House project JUL 18 201
Parcel # 25.1700070 0WAMPLANNINODEP!
1 am requesting a variance on the placement of a boat house. To meet current set back
requirements (15' from lake shore and 30' from base of the bluff) the boat house would need
to be placed in the center of a 20' sewer easement (see plat map with initial shed placement
proposal). To meet the sewer easement requirements the boat house would need to be
constructed on skids for easy removal if sewer work is ever required. Building the boat house
on skids would be problematic, as the proposed site is significantly sloped towards the lake
( -3' drop over 12' run). Placement of the boat house structure on this site would predispose
the structure to shifting and movement with the seasons, premature failure of the wooden
flooring due to moisture issues, and difficulty maintaining a level floor. Entry into the level
shed floor from a sloped surface would also be an issue.
I am requesting that the boat house be moved 13' further away from the lake. This would place
the boat house 17' feet from the base of the bluff, and out of the sewer easement. I realize this
is 13' inside the 30' bluff base set back, but it avoids all of the issues associated with placing the
structure in the sewer easement site. The current 7'x7' water oriented structure on the
property is not large enough to meet our needs, as it is too small store a kayak or paddle board.
This shed would be removed prior to construction of the new boat house.
The project requested is minimally intrusive and environmentally respectful of the site (see
photo of proposed shed placement site) in that its' construction will not effect local drainage or
runoff, there will be no direct impingement on the bluff base, minimal removal of vegetation
will be required, and the set back from the lake will actually be increased (in comparison to
site that would meet lake and slope base set back requirements). The size of the boat house
(216 sq. ft.) is less than the allowed 250 sq. ft.. Construction of the shed brings the total
amount of hard cover on the property to 19.4% (total hard cover = 6004 sq.ft, total lot size =
31,020 sq.ft), which is well below the maximum % allowable of 25%. Transportation of
building materials will not damage the slope, as an existing paver pathway will be utilized to
carry materials to the work site with minimal impact on the local environment. Also,
construction of the boat house outside the sewer easement removes the structure from a
potential work zone if sewer line repairs are ever required in the future.
Construction of the shed at the requested site follows precedent, in that neighbor boat house
structures are placed in a position similar to or even closer to the lake shore or base of the
bluff. Utilization of a boat house is also a feature enjoyed by current lake property owners, and
a reasonable request for the property considering its' location and expected usage.
I hope you will consider the merits of my request and approve the proposed variance for the
placement of the boat house.
Scott Murphy
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July 17, 2014
To: City of Chanhassen
Community Development Department
Planning Division
7700 Market Boulevard
Chanhassen, MN 55317
From: Ren Rutkus
Todd Moning
3860 Lone Cedar Lane
Chaska, MN 55318
We own the property directly adjacent to the proposed boat house building site. We
have reviewed the plans and the location of the proposed boathouse for Scott and
Lori Murphy at 3880 Lone Cedar Lane, Chaska, MN 55318. We do not have any
concerns regarding construction of this structure next to our property and give our
consent and support for the proposed project without reservation.
Cordially,
Ren Rutkus
Moning
CITY OF CHANHASSEN
RECEIVED
JUL "I n 7014
CHANHASSEN PLANNING DEPT
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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 7, 2014, 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 3880 Lone Cedar Lane Variance — Planning Case 2014 -20 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 ') +'- day of 12014.
' (�e. t • / •IDS. f.n —AA e. ___j
Notary`Public
t
Katen J. Engel is dt, De ty Clerk
,+ KIM T. MEUW S N
Notary Publle-Minnewta
My commleWn
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ALLAN R & CHRISTINE A AHO AUGUST B & AMY J SIEFKER CHARLY R WEBBER
3890 FOREST RIDGE CIR 3895 LONE CEDAR CIR 3850 LONE CEDAR CIR
CHASKA, MN 55318 -9657 CHASKA, MN 55318 -9653 CHASKA, MN 55318 -9652
FREDERICK ALLAN DATNE JR
7501 77TH ST W
CHASKA, MN 55318 -9611
KIRK S & RENEE C BORAAS
7502 77TH ST W
CHASKA, MN 55318 -9611
ROBERT E FROLUND
3888 FOREST RIDGE CIR
CHASKA, MN 55318 -9657
SCOTT ALLEN BROIN
3840 LONE CEDAR CIR
CHASKA, MN 55318 -9652
THOMAS L & CARMEN HUESMAN
3861 LONE CEDAR LN
CHASKA, MN 55318 -9609
WILLIAM J PLANT
3884 FOREST RIDGE CIR
CHASKA, MN 55318 -9657
GARY D JOHNSON
15020 IRONWOOD CT
EDEN PRAIRIE, MN 55346 -2601
LOC HOANG
3881 LONE CEDAR LN
CHASKA, MN 55318 -9609
ROSS SPANIER
2838 FREMONT AVE S UNIT 518
MINNEAPOLIS, MN 55408 -4815
SCOTT P & LAURIE A GAUER
3820 LONE CEDAR CIR
CHASKA, MN 55318 -9652
TODD C & REN A MONING
3860 LONE CEDAR CIR
CHASKA, MN 55318 -9652
GREGG R & GAY MARIE JANDRO
3896 LONE CEDAR LN
CHASKA, MN 55318 -9609
LORI A BARTMAN
3886 FOREST RDG
CHASKA, MN 55318 -9657
RYAN M JOHNSON
3892 LONE CEDAR LN
CHASKA, MN 55318 -9609
SCOTT T MURPHY
3880 LONE CEDAR LN
CHASKA, MN 55318 -9609
WILLIAM D & DEBRA J HUMPHRIES
3890 LONE CEDAR CIR
CHASKA, MN 55318 -9652