AppealSCENE
City of Chanhassen
City Council SEP 21 2015
CITY OF CHANHASSEN
IN RE:
Application of Kellie Geiger for a variance,
Planning Case No. 2015-14
PLEASE TAKE NOTICE:
That, pursuant to the Code of the City of Chanhassen, Minnesota, and the laws and
regulations of the State of Minnesota, the undersigned do hereby appeal to the
Chanhassen City Counsel the findings and fact and decision of the Chanhassen Planning
Commission, acting as the Board of Appeals and Adjustments, dated September 15,
2015, a copy of which is attached hereto, and request that the City Counsel reverse said
decision and grant Appellants additional relief.
Dated September 18, 2015.
Appellan
&,
aria PJKn�i
David L. Bishop
3605 Red Cedar Point Rd.
Excelsior, MN 55331
952-303-1966
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Kellie Geiger for a variance to construct a 441 square -foot, two-story garage that
encroaches into the shoreline setback and front yard setback on property zoned Single -Family
Residential District (RSF) — Planning Case 2015-14.
On July 21, 2015, 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 Planning Commission tabled action on this application.
On September 15; 2015, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to continue the hearing on this
application. 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:
West 225' Except West 25' of Lot 1, Block 4, Red Cedar Point Lake Minnewashta
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 subject site is zoned Single -Family Residential District. The purpose of
the request is construct a 441 square -foot, two-story garage. The construction and use of
an attached garage is a normal use of a property in a residential district. The variance
request is considered reasonable because the City of Chanhassen requires all newly
constructed homes to be built with at least a two -stall garage. Also, the proposal does not
further encroach into the shoreland setback or front yard setback than the existing
structure.
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 applicant's variance request to construct a two-story, two -stall attached
garage is reasonable. The applicant has no other alternatives for a garage space on their
property due to having shoreland on the north and south side of their property, 30 -foot
front and rear yard setbacks, and public utility lines located along the north side of the
private drive. Due to the location of their driveway, the proposed location is one of only a
few locations that will not require an excessive amount of hardcover expansion within the
75 -foot shoreland setback. Also, the proposed location is one of only a few areas on the
property that will have minimal impacts to the viewscape from the public waters. The
existing structure encroaches into the 75 -foot shoreland and 30 -foot front yard setbacks,
but the construction of the attached garage space will not cause the structure to encroach
further into the required shoreland or front yard setbacks.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variation is not based upon economic considerations alone.
The stated intent is to construct a 441 square -foot, two-story garage.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The existing structure was built in 1918, 59 years before the City of
Chanhassen shoreland chapter was adopted, as authorized by Minnesota Statute Chapter
103F and Minnesota Rules, parts 6120.2500 through 612.3900. The applicant recently
purchased the property and thus did not create the non -conformity on the property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Constructing a garage on this site will not alter the essential character of the
neighborhood as 8 of the 11 homes within 500 feet of the subject property have a garage.
Furthermore, the granting of a shoreland and front yard setback variance will not alter the
essential character of the locality. Multiple structures in the area encroach into the 75 -foot
shoreland setback and 30 -foot front yard setback. Many of the lots in the neighborhood
have shoreland setbacks that do not meet the minimum requirements because the original
homes/cabins were constructed in the early to mid -1900s, several decades before the
district standards were adopted (1977) and the City of Chanhassen was established.
There are also properties in this are that have constructed homes within the shoreland
setback after the district standards were adopted. The City has granted six shoreland
setback variances within 500 feet of the subject property that range from 7 feet to 45 feet,
or setbacks from the shoreland of 68 feet to 30 feet. The proposed shoreland setback will
be only a 17 -foot variance, or 58 feet from the shoreland, and will not encroach closer to
the shoreland than the existing structure. The City has granted multiple side yard setback
variances, ranging from 1.5 feet to 8 feet from the required 10 -foot setback, and one front
yard setback, a 12 -foot variance from the required 30 -foot setback requirement. The front
yard setback will not encroach any closer than the existing structure and will be in
keeping with the essential character of the locality.
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 #2015-14, dated September 15, 2015, prepared by Drew Ingvalson, et al,
is incorporated herein.
The Chanhassen Board of Appeals and Adjustments approves a 17 -foot setback variance from
the 75 -foot shoreland setback and a 20.2 -foot front yard setback variance to construct a two-
story, 21 -foot by 21 -foot attached garage subject to the following conditions:
1. The applicant shall expand the private drive to maintain at least a 10 -foot wide drive, not to
exceed 24 feet wide.
2. The driveway grade must not be less than 0.5% and must not exceed 10%.
3. The proposed structure shall maintain the existing drainage patterns.
4. The applicant must apply for and receive a building permit from the City.
ADOPTED by the Chanhassen Planning Commission this 15' day of September, 2015.
CITY OF CHANHASSEN
BY•
Chairman