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PC Staff Report 7-19-05 PC DATE: July 19, 2005 1 CC DATE: CITY OF CHANHASSEN REVIEW DEADLINE: 8/9/05 CASE #: 05-18 BY: JM, JS, DR STAFF REPORT PROPOSAL: Request for 4.23% hard surface coverage variance from the maximum 25% hard surface coverage restriction for the addition of a patio and retaining wall on property located in the th Single Family Residential District at 380 West 86 Street. The sidewalks and patio have been built. nd LOCATION: Lot 4, Block 1, Rice Lake Manor 2 Addition th 380 West 86 Street Chanhassen, MN 55317 APPLICANT: Troy & Virginia Kakacek th 380 West 86 Street Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential – Low Density (Net Density Range 1.2 – 4u/Acre) ACREAGE: 0.35 acre DENSITY: N/A SITE DATA SUMMARY OF REQUEST: The applicant is requesting a 4.23% hard surface coverage variance from the maximum 25% hard surface coverage restriction for the addition of a patio and retaining wall. These improvements have already been built.Staff is recommending denial of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. 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. S Lake Riley dvlB snialP taerG 101 ywH Lakeview Road E dvlB yeliR ekaL Quinn Road Lyman Blvd (C.R. 18))81 .R.C( dvlB namyL Greenleaf evirD dleifgnirp Planning Case #05-18 Kakacek Variance July 19, 2005 Page 2 SUMMARY OF PROPOSAL th The subject property is located southeast of Great Plains Boulevard on West 86 Street and is zoned Single Family Residential (RSF). The applicant is requesting a 4.23% (which represents 642.24 square feet of site coverage) hard surface coverage variance from the maximum 25% hard surface coverage restriction for the addition of a patio and retaining wall. These structures have already been built bringing the existing hard surface coverage to 29.23%. Lake Susan M i s s i o n H i l l Rice Marsh Lake s e L l a c n r i e C d s v l l l i B H n s o n i i M s a s l a P i M y t f a Hills Mission i e e Crt l r d G C r t 1 M 0 Tigua Lane 1 i H i s l W 86th St nl y s s o w D i i sr o . H s i n M M i H s s i o n i H i l l l l Fr i s s s L c D a o r n . C e r t W 86th St t r C e ic R M i Marshland Trl s Subject Site s i E o n l l W i H a B y y H l i la l Monk Crt W W a Mi ssion c H k b e i r a d C r r t t l a n Proposed T.H.212 d C rt a B y h t r o D N r APPLICABLE REGUATIONS Sec. 20-91. Zoning compliance review. (a) Zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc. (b) Any zoning compliance review application that fails to meet zoning ordinance requirements shall be denied by the community development director. Sec. 20-615. Lot requirements and setbacks. 25 percent (5) The maximum lot coverage for all structures and paved surfaces is . Planning Case #05-18 Kakacek Variance July 19, 2005 Page 3 Impervious surface means any material that substantially reduces or prevents the infiltration of storm gravel water. It shall include, but not be limited to, driveways, parking area, buildings and structures. (20) BACKGROUND nd The subject property was platted as part of Rice Lake Manor 2 Addition which was recorded on October 22, 2003. The house was built in 2004. The patio, retaining wall and sidewalks were not shown on the plans for the building permit application. The subject property is located in the Single Family Residential (RSF) district and has an area of 15,180 square feet. In the RSF district 25% is the maximum permitted impervious surface coverage for a lot. The applicant currently has a hard cover of 29.23%. The hard cover issue came to the attention of the City in mid-November when the as-built survey from Otto Associates was submitted. It appeared the lot could be over on the maximum hard cover percentage. The City requested that hard cover calculation details be shown on the as-built survey. The City received the revised survey on December 2, 2004 showing the existing hard cover was 31.8%. Shortly after, staff informed the applicant they must bring the lot into compliance with hard cover restrictions or apply for a variance. This application was originally scheduled to appear before the Planning Commission on June 7, 2005. The original proposal included the concrete and gravel sidewalks as part of the variance request. This put the hard cover request at 30.86%. The applicant requested the application be tabled in order to revise the variance proposal. The Kakacek’s have since removed the concrete and gravel sidewalks and have replaced them with landscaping rock and mulch. In doing so the applicant has reduced the existing hardcover by 248 square feet, or 1.63%. Therefore, a correction to the survey hard cover calculations needs to be made. The as-built survey includes the sidewalks as part of the hard cover calculation. The City does not consider landscape rock and mulch, with a fabric liner, to be impervious surface. Therefore, the sidewalk portion of the hard cover calculations shall be ignored for the purposes of this variance request. Before - Gravel Walkway After – Mulch Walkway Planning Case #05-18 Kakacek Variance July 19, 2005 Page 4 Before - Concrete Sidewalk After – Rock Walkway Revised as-built survey calculation: House = 2,537.24 sq. ft. Patio = 519.00 sq. ft. Driveway = 1,369.00 sq. ft. Retaining Wall= 12.00 sq. ft. TOTAL4,437.24 sq. ft. 29.23% = In discussing the matter, the applicant informed staff that miscommunication had contributed to the violation of impervious surface restrictions. According to the applicant, the plans which the City approved were different from those the homeowner had in their possession. The applicant did meet with staff, prior to construction of the home, to discuss landscaping options for the property. Staff informed the applicant that any part of the property could be landscaped except in easements. In a meeting between staff and the applicant, which took place after the issue of impervious surface came to the attention of the City, it was revealed that the applicants’ interpretation of landscaping included patio areas. Had staff been aware of this interpretation, the applicant would have been informed that hard cover restrictions include concrete and paver patios. Adding to the discrepancies between the proposed building survey and the as-built survey are the dimensions of the driveway. The driveway was built larger and with a different shape than that which was proposed. The as-built survey shows that the home and driveway alone are at 25.8% (111.24 square feet over the maximum permitted hard cover). ANALYSIS The site is zoned Residential Single Family (RSF). The applicant has completed construction of the sidewalks and patio in question. Chanhassen City Code does not require building permits for sidewalks and patios. However, such structures do require a zoning compliance review. The City uses zoning compliance reviews to ensure that structures, which do not require a building permit, still comply with zoning ordinances. Criteria of a zoning compliance review include setbacks, hard surface coverage and structure height. Kakacek Variance Planning Case #05-18 July 19, 2005 Page 5 Patio Retaining Wall/Rock Sidewalk There are alternatives the applicant could pursue to bring the property into compliance with City Code. Regarding the patio, the applicant could remove the patio pavers and replace them with wooden decking with a pervious surface below. This would allow the applicant to continue to enjoy their backyard while complying with ordinance requirements. In addition, in order to reach 25%, the size of the driveway would have to be reduced by at least 111.24 square feet. While the applicant has expended money for the improvements, such expenditure does not justify the granting of a variance. Approval of a variance is contingent upon proof that the literal enforcement of the Chanhassen City Code would cause an undue hardship. Not having a reasonable use of the property would constitute an undue hardship. Reasonable use is defined as the use made by a majority of comparable property within 500 feet. Reasonable use of this property, a single-family home with a two- car garage, already exists. Any use of the property beyond that discussed above is strictly ancillary to the principal use. There are alternatives the property owner could pursue to receive the same utility, i.e., use of deck instead of patio. Based on these facts, staff must recommend denial of this request. Landscaping nd The landscaping requirements for Rice Lake Manor 2 Addition included a total of 12 trees to be planted as part of subdivision approval. Each lot was required to have two trees of the aforementioned th trees planted in the front yard. Lot 4, Block 1, 380 West 86 Street is required to have a total of four trees planted as part of the subdivision conditions of approval. A recent inspection of the property found only one tree, a crabapple, planted in the front yard. Two existing trees remain in the rear yard. This lot requires three more trees to be planted in order to meet subdivision requirements. Kakacek Variance Planning Case #05-18 July 19, 2005 Page 6 FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. By having a single-family home and a two-car garage the property owner has reasonable use of the property. There are also reasonable alternatives to the patio. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties that lie within the Single Family Residential District. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The improvements increase the value of the property. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Construction of the patio and retaining wall were completed before a zoning compliance review was performed; therefore, this is a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located due to the increase in runoff from this property. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. Kakacek Variance Planning Case #05-18 July 19, 2005 Page 7 RECOMMENDATION Staffrecommends that the Planning Commissionadopt the following motion: “The Planning Commission denies Variance #05-18 for a 4.23% hard surface coverage variance from the maximum 25% hard surface coverage restriction for the addition of a patio and retaining wall on a lot zoned Single Family Residential (RSF) based upon the findings in the staff report and the following: 1.The applicant has not demonstrated a hardship. 2.The property owner has reasonable use of the property. The Planning Commission orders the property owner to: 1.Remove sufficient impervious surface to comply with ordinance requirements. 2.Plant three trees to meet subdivision requirements.” Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: “The Planning Commission approves Variance #05-18 for a 4.23% hard surface coverage variance from the maximum 25% hard surface coverage restriction for the addition of a patio and retaining wall on a lot zoned Single Family Residential (RSF) with the following conditions: 1.The applicant must plant three trees to meet subdivision requirements.” ATTACHMENTS 1.Findings of Fact. 2.Development Review Application. 3.Letter from Troy & Virginia Kakacek stamped “Received May 6, 2005”. 4.Letter from Kurt & Lynne Miller dated May 4, 2005. 5.Public Hearing Notice and Affidavit of Mailing List. 6.Building Permit Survey. 7.As-Built Survey. g:\plan\2005 planning cases\05-18 kakacek variance\staff report.doc