Staff report 3627 Red Cedar Pt RdCITY CHANHASSEN
PC DATE: June 7, 2016
CC DATE: June 27, 2016 (if necessary)
REVIEW DEADLINE: July 5, 2016
CASE #: 2016-11
BY: RG,TJ, ML, JM, JS, SS
SUMMARY OF REQUEST: The property owner is requesting a 13.6-foot shoreland setback
and a 4.8 percent hard cover variance to allow the re-construction of a single-family home on the property. The principal structure is an existing legal non-conformity because it encroaches on
the required shoreland setback and side yard setback as well as exceeding the hard cover on site.
LOCATION: 3627 Red Cedar Point Road – Lot 13 and Lot 12 except the East 10 thereof, Blk 4
APPLICANT: Dave & Jennie Melin Owner:Ilmars & Kathleen Dundurs
7321 Dogwood Road 3627 Red Cedar Point Road
Excelsior, MN 55331 Excelsior, MN 55331
PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density
(Net density 1.2 – 4.0 units per acre)
ACREAGE: 0.27 acres (11,656 square feet) DENSITY: N/A
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 a 13.6-foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016, to construct a two-story, house and patio
subject to the conditions of the staff report, and adopts the attached Findings of Fact and Decision.”
CITY OF CHANHASSEN
Planning Commission
3627 Red Cedar Point Road Variance – Planning Case 2016-11
June 7, 2016
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PROPOSAL/SUMMARY
The property owner is requesting a variance to construct a single family home on the property with a patio. The existing home encroaches APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances Chapter 20, Article IV, Division 4, Nonconforming Use Section 20-72, Nonconforming uses and structures
Chapter 20, Article VII, Shoreland management district
Section 20-481, Placement, design, and height of structure.
Chapter 20, Article XII. “RSF” Single-family residential district Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIII, Division 1, Generally
Section 20-905. Single-family dwellings
BACKGROUND
According to Carver County records, the house at 3627 Red Cedar Point Road was constructed in
1922. This structure is 60.8 feet away from the shoreland, or ordinary high water (OHW) level, of
Lake Minnewashta. In 1977, Chanhassen’s shoreland chapter was first adopted as authorized by
Minnesota Statute. The Shoreland Management District section of City Code requires structures on recreational development public waters to be set back 75 feet from the ordinary high water level.
The existing structure on the site encroaches into the required 75-foot setback from the ordinary
high water level to the south by 14.2 feet. The existing structure encroaches into the required 10-
foot side yard setback 3.2 feet.
City records show that repairs have been made to the home; however, records do not show that the
structure has been expanded since its original construction.
ANALYSIS
The applicant is proposing to demolish the existing house on the property and build a new house.
The new house would comply with the setback requirements, however, the proposed lakeside
patio will encroach into the required setback by 13.6 feet (61.4 feet setback an improvement of
0.4 feet) and a small portion of an access window well will encroach into the 75 foot setback.
While the proposed redevelopment of the home site will reduce the total hard cover from 34.1 percent to 29.8 percent, it will exceed the hard cover standard of 25 percent by 4.8 percent, thus a
variance to the hard cover requirement.
Character of the Neighborhood
Every property within 500 feet of the subject property is within the 75-foot shoreland setback.
Many of the lots in the neighborhood, including the subject site, have shoreland setbacks that do
not meet the minimum requirements because the original homes/cabins were constructed in the
Planning Commission
3627 Red Cedar Point Road Variance – Planning Case 2016-11
June 7, 2016
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early to mid-1900s, several decades before the shoreland district standards were adopted (1977).
The closest structure is within 24 feet of the shoreland, or encroaching 51 feet into the shoreland
setback.
There are also properties in this area that have constructed homes within the shoreland setback
after the district standards were adopted. Staff reviewed city records to determine if variances
had been granted within 500 feet of the subject property. Staff found multiple shoreland
variances that were granted within 500 feet of the subject property. Approved shoreland setback variances from the 75-foot shoreland setback ranged from 7 feet to 45 feet, creating setbacks
from the shoreland of 68 to 30 feet.
There have also been four variances granted for side yard setback variances within 500 feet of
the subject property. These side yard setback variances have ranged from 1.5 feet to 8 feet, allowing 2-foot to 8.5-foot setbacks. In addition, there has been two front yard setback variance
granted. These variances allowed a 12-foot front yard variance from the 30-foot front yard
setback requirement, allowing an 18-foot front yard setback and a 9.5 foot front yard setback.
Variance
Number Address Description
09-15
3625 Red Cedar Point
Road
18.5-foot shoreland setback variance for the
construction of a single-family home
08-04 3633 South Cedar Drive
20.2 foot front yard setback variance and an 8-
foot side yard setback variance for the
construction of a single-family home
06-04
22.5-foot front yard setback variance, 15.8-foot
front yard setback variance and a 2.39% hard
Planning Commission
3627 Red Cedar Point Road Variance – Planning Case 2016-11
June 7, 2016
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surface coverage variance for the construction
of a three-stall garage
06-04 3633 South Cedar Drive
22.5-foot front yard setback variance, a 15.8-foot
front yard setback variance and a 2.39% hard surface
coverage variance for the construction of a
modified modified three-stall garage
04-07 3637 South Cedar Drive 19.3 foot front yard setback, a 4 foot lakeshore
setback for the expansion of a single family home.
02-05 3628 Hickory
13-foot front yard setback, 2-foot front yard setback
and 5-foot side yard setback variances for the
construction of a garage.
84-02, 98-07 7201 Juniper
11.5-foot front yard variance for the construction of
a home addition
96-04
3705 South Cedar Drive
Two 7-foot side yard setback variances, a 31-foot
lakeshore setback variance and a hard surface
coverage variance.
93-06 3618 Red Cedar Point Road 15-foot lakeshore and 8-foot side yard setback
variances for the construction of a porch and deck
87-15 3725 South Cedar Drive 4.53-foot side yard setback variance
87-13 3629 Red Cedar Point
12-foot front yard setback and two 3-foot side yard setback variances for the demolition of an existing cabin and the construction of a new
home.
85-20 3624 Red Cedar Point
4.8-foot side yard and 1.8-foot front yard variances
for an addition to a garage.
83-09 3613 Red Cedar Point
12-foot front yard, a 2-foot side yard setback
variances and a 7-foot shoreland setback for the
construction of a single family home.
82-11 3618 Red Cedar Point
11.23 foot front yard setback variance and 7,500 square foot lot area variance of the Shoreland
Management Ordinance.
80-08 3629 Red Cedar Point
12-foot front yard, 4.5 side yard, 30 foot lot width,
40 foot lot frontage, and 13.000 square foot lot area variances
79-02 3613 Red Cedar Point 23-foot front yard setback variance
The applicant has worked with staff to minimize the extent of the variance request for their proposal and are actually significantly improving the situation on the property. Not only are they proposing to bring the house into compliance with the side yard and lakeshore setbacks, but they
are also reducing the total hard cover from 3,970 square feet to 3,471 square feet, a reduction of
499 square feet. The applicant will also be repairing a deteriorating retaining wall along the
south property line. The request is seen as reasonable because the applicant will be improving several existing
nonconforming situations on the property. All trees to be preserved shall be protected with tree
Planning Commission
3627 Red Cedar Point Road Variance – Planning Case 2016-11
June 7, 2016
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fencing located at the dripline or the furthest feasible distance from the trunk. Fencing shall be
installed prior to any grading or construction and maintained until construction is finished.
Additional, as a condition of approval, the applicant will be required to install plantings to assist in the absorption of runoff.
RECOMMENDATION
Staff recommends that the Chanhassen Board of Appeals and Adjustments approve a 13.6-foot
shoreland setback variance to permit the patio a setback of 61.4 feet and a 4.8 percent hard cover
variance for a total hard cover of 29.8 percent to construct a two-story home as shown on the
survey prepared by Gregory R. Prasch dated April 20, 2016 revised April 27, 2016, subject to the following conditions:
1. Landscape materials must be installed to absorb additional runoff on the property. Such
landscaping may be at the edge of the patio or on the landward side of the rip rap. A
landscape plan shall be submitted in conjunction with the building permit application.
2. All trees to be preserved shall be protected with tree fencing located at the dripline or the
furthest feasible distance from the trunk. Fencing shall be installed prior to any grading or
construction and maintained until construction is finished.
ATTACHMENTS 1. Findings of Fact and Decision.
2. Development Review Application
3. Variance Request Narrative by Dave and Jennie Melin 4. Existing Conditions Survey Dated April 6, 2016 5. Proposed Survey Dated April 20, 2016 revised April 27, 2016
6. Kroiss Development, Inc. Plans dated 4-11-16, revised 4-18-16 and 4-28-16 Sheets 1-5
7. Public Hearing Notice and Mailing List
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