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Narrative 06-05-2015 NEWJune 5, 2015 Bob Generous Community Development Department, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Variance Findings Statement : We are seeking a variance to reduce the required reverse south (side) required yard from OHW of Lake Minnewashta from 75 feet to 21.2 feet to allow the construction of a new detached 2 -car garage with studio space above. The site is zoned RSF and is on a private road on a peninsula jutting eastward into Lake Minnewashta, and currently has no garage. Applicant : Pat Mackey Mackey Malin Architects 5200 Washburn Avenue S 612-220-6190 Owner: Gregg and Kellie Geiger 3603 Red Cedar Point Drive Chanhassen MN 55317 We submit the following justification for compliance for granting 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. The granting of the variance would be consistent with the purposes and intent of the comprehensive plan and this property's use as a single family home. 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. The property is bordered by shoreline on 2 sides of a narrow peninsula. Enforcement of the required yard setbacks results in just 387 s.f. of allowable buildable area, with the vast majority of that being covered by existing structure or roadway. The lot is essentially unusable if following required district setbacks. The proposed location for the garage is the former site of a now -removed fuel oil tank, which caused some initial concern. Since discovery of the buried sewer lines and the unsuitability of the preferred location, the homeowners have contacted the EPA and the bank/owner of the property prior to their purchase, and have been reassured of the soil suitability at this location. Alternative garage locations have been investigated: 1. The initial preferred location for the garage has been found to be atop easements for underground water main and sanitary sewer lines, which would be difficult to relocate, even if that were allowed. We believe we are clear of those easements with the proposed garage placement (pending Survey verification). Mackey Malin Architects 1 5200 Washburn Avenue South Minneapolis MN 55410 1 612 . 220 . 6190 2. Attaching the garage to the west side of the house would require a significant modification and disruption of the existing house, provide only 8' to the neighboring east lot line, and allow less than 14 feet of separation from the neighboring house. Furthermore, this option would require a substantial 3 -property re -alignment of the existing road which serves an additional residence further down the peninsula. To maintain hard cover ratios of 25% or less, the homeowners would have to effectively reduce the living area of the house. 3. An attached garage at the east side of the existing house would require an extensive reconstruction of one end of the existing house, also require a re -alignment of the existing road. The same concerns are true of hard cover, house area, and road realignment as in the paragraph above. A. Finally, several stands of mature trees on site reduce the options for garage placement which doesn't alter the character of the lot and surrounding area. The proposed garage placement walks the best line between these obstacles while maximizing distance from both shorelines and minimizing disruption of existing site elements (road, house, utilities, tree cover, and view). c) That the purpose of the variation is not based upon economic considerations alone. The sole purpose of the requested variance is that the homeowners may have a garage for the existing single family home on the site. Currently the homeowners are parking several vehicles outside and do not have full use of the property in the context of the neighboring properties. d) The plight of the landowner is due to circumstances unique to the property not created by the landowner. The property has a unique situation bordered by shoreline on 2 sides of a narrow peninsula. The existing structure was built in 1918 and pre -dates the zoning ordinance. All current construction on the property and adjacent properties pre -dates the current landowner. e) The variance, if granted, will not alter the essential character of the locality. The essential character of the locality will not be altered. The surrounding area is overwhelmingly single-family detached residences with a variety of attached and detached accessory structures/ garages. As seen from the street, the water, and the air, the density and scale of buildings on this lot (including the proposed garage) is considerably less than at the remainder of the peninsula. 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 Not Applicable to this property. Site plan, Survey, and exterior elevations are attached. Mackey Malin Architects 1 5200 Washburn Avenue South Minneapolis MN 55410 1 612 . 220. 6190