PC Staff Report 16-17CITY OF CHANHASSEN
PC DATE: June 21, 2016
CC DATE: July 11, 2016 (if necessary)
REVIEW DEADLINE: July 19, 2016
CASE #: 2016-17
BY: RG, TJ, ML, JM, JS, SS
SUMMARY OF REQUEST: The applicant is requesting an eight-foot front yard setback
variance (22-foot setback) on property zoned
Single-Family Residential (RSF)
LOCATION: 691 Carver Beach Road (Lots 2969-2973 and 3018-3022,
Carver Beach)
APPLICANT: Castle Gate Construction Travis Senefelder
742 Tilia Lane P. O. Box 694
Victoria, MN 55386 Wayzata, MN 55386
(952) 449-2222 (651) 216-9466 dcala5@yahoo.com tjs@lakesmn.com
PRESENT ZONING: Single-Family Residential (RSF)
2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4.0 units per acre) ACREAGE: 0.45 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.
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves the variance request to permit a 25-foot front yard setback with up to 18 inches additional encroachment for an eave subject to the conditions in this staff report, and adopts the attached Findings of Fact and Decision.”
Planning Commission
691 Carver Beach Road Variance – Planning Case 2016-17
June 21, 2016
Page 2 of 4
PROPOSAL/SUMMARY
The applicant is requesting a front yard setback variance of eight (8) feet.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article VI, Wetland Protection
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
Carver Beach was platted in 1927.
SITE CONDITIONS
The site is currently heavily wooded with a steep drop-off from the front with an elevation of
949 to the rear with an elevation of 926. While the slope is over 30 percent, the elevation change
is only 23 feet so it does not meet the definition of a bluff. Houses are built on either side of the property.
Planning Commission
691 Carver Beach Road Variance – Planning Case 2016-17
June 21, 2016
Page 3 of 4
ANALYSIS
The applicant has provided a survey with a potential house layout on the property. The survey
shows a 26-foot front setback and a wetland setback of 54.95 feet. A minimum 55-foot setback from the wetland is required for the house with a 40-foot setback for accessory structures.
The property was delineated in May of 2008 by Svoboda Ecological Resources. As the
delineation is more than three (3) years old, the boundary must be confirmed and a notice of
decision confirming the wetland boundary must be obtained based upon this confirmation. Given the limited change to the area over the last eight (8) years, there is little reason to believe
the boundary would be substantially different than in May of 2008.
A MNRAM was also performed at this time and confirmed that the wetland fell into the
management classification 1 which requires a 25-foot buffer and a 30-foot setback from that buffer. Given the high quality of the wetland and the limited water quality treatment in the
Carver Beach area, preserving the buffers is important.
Proposal
The applicant is requesting an eight-foot variance from the 30-foot front yard setback requirement
to construct a home on the property.
Alternatives
While staff agrees that relief for the front yard setback is appropriate, because of the need to assure
that the wetland buffer and setback are maintained, and provides a reasonable use of the property,
we are concerned about a 22-foot front yard setback not providing sufficient space for the parking
of vehicles in the front driveway out of the public right-of-way. We are, therefore, proposing that a
25-foot front yard setback be maintained with and additional exception of 18 inches to allow the eave to encroach within 23.5 feet of the front property line.
RECOMMENDATION
Staff recommends that the Planning Commission approve a five foot rather than eight-foot setback variance to permit a 25-foot front yard setback and permit up to an 18-inch eave
encroachment into the 25-foot setback subject to the following conditions and adoption of the
attached findings of fact and decision:
A Riley-Purgatory-Bluff Creek Watershed District permit is required.
The wetland boundary must be confirmed and a notice of decision confirming the wetland
boundary must be obtained based upon this confirmation.
The applicant must apply for and receive a building permit prior to construction of a home.
Planning Commission
691 Carver Beach Road Variance – Planning Case 2016-17
June 21, 2016
Page 4 of 4
ATTACHMENTS
Findings of Fact and Decision Development Review Application Letter from Dan Kurth Dated 5/16/16
Building Elevation
Foundation Plan
Finished Basement Plan 1st Floor Plan
2nd Floor Plan
Certificate of Survey
Memorandum from Scott Sobiech, RPBCWD to Bob Generous Dated 6/8/16
Public Hearing Notice and Mailing List