staff report 16-07CITY OF CHANHASSEN
PC DATE: March 15, 2016
CC DATE: March 28, 2016
REVIEW DEADLINE: April 12, 2016
CASE #: 2016-07
BY: AF, DI, TJ, ML, JM, JS,
SUMMARY OF REQUEST: The applicant is requesting a variance from the 100-foot
shoreland setback from a tributary to construct a single-family home, accessory structures, and
driveway.
LOCATION: 9641 Meadowlark Lane (PID 25-7420070)
APPLICANT: Dan Hanson
Wausau Homes
1463 White Oak Drive
Chaska, MN
On behalf of
Gayle & David Vogel
105 Pioneer Trail
Chanhassen, MN 55317
PRESENT ZONING: Rural Residential (RR)
2020 LAND USE PLAN: Residential Large Lot
ACREAGE: 2.4 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 Planning Commission, acting as the Board of Appeals and Adjustments,
approves a shoreland setback variance from a tributary for the construction of a single-family
home, accessory structures, and driveway, as shown in Attachment #15 of the staff report, subject
to the conditions of approval and adopts the Findings of Fact and Decision”
Figure 1: Property Location
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
Page 2 of 16
PROPOSAL
The applicant is requesting a variance from the 100-foot shoreland setback from a tributary to
construct a single-family home, accessory structures, and driveway. The driveway will be 45 feet
from the tributary at its nearest point. The single-family home and accessory structures will be 70
feet from the tributary at its nearest point. Proposed structures will maintain a 100-foot setback
from the Lake Riley shoreline.
APPLICABLE REGULATIONS
Chapter 19, Article VII, Surface Water Management
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article VII, Shoreland Management District
Section 20-481, Placement, design and height of structures
Section 20-482, Shoreland alterations
Chapter 20, Article XI, “RR” Rural Residential District
BACKGROUND
The applicant is requesting a variance from the 100-foot shoreline setback from a tributary to
construct a single-family home, accessory structures and driveway. Per City Code, structures on
properties that have access to city sewer are only required to meet a 75-foot setback from the
shoreline; however, since this property is unsewered, structures must meet a 100-foot setback
from tributaries. The intent of the proposed project is to provide access to the home and
construct a single-family home with accessory structures.
Historically, the site has been used as a recreational lot with no primary structures. There is a
non-conforming shed located at the northwest corner of the lot. There is also an existing
retaining wall that is on the subject property and the neighboring property to the west. Currently,
the only access is a mowed path that utilizes the neighboring property’s existing driveway (see
Figure 2 below). The parcel was platted as a residential lot with the Riley Lake Meadows
Development and was filed as a lot of record in 1988. The site is not serviced by city sewer or
water. The property is
guided for residential
large lot and will not
have city services in the
future with this land use
unless there is a
systematic failure of
subsurface sewage
treatment systems
(SSTS) in the area and it
becomes a public health
issue or the area changes
to more suburban
densities.
Figure 2: Existing Path
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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The site has two wetlands located on the south side of the property (see red outlined areas in
Figure 5 on the next page). The existing mowed road cuts between the two wetlands. There is
also a tributary located on the western portion of the property (seen in blue in Figure 3). Water
from a pond across the street, wetlands, and surrounding properties drain into the tributary. The
water in the tributary flows north into Lake Riley.
Figure 3: Tributary Location
Figure 4: Tributary
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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In January 2016, the applicant requested a variance and wetland alteration permit to construct a
driveway to provide access to the property. This request did not include a house or accessory
structures. On February 16, 2016, the Chanhassen Planning Commission approved a shoreland
setback variance for a 12-foot wide driveway,
subject to the following conditions:
1. The driveway shall not be approved beyond
what is necessary to access the site and get
beyond the wetland. No other portion shall be
allowed within the setback unless approved
with a site and/or building plan application.
2. Any future structures including, but not limited
to, Subsurface Sewage Treatment System
(SSTS) shall meet all ordinance and setback
requirements.
The City Council also approved a wetland
alteration permit in February 2016. Figure 5, the
image to the right, is a document submitted to the
City for the driveway variance and wetland
alteration permit. The driveway area in green was
approved with the request and the driveway portion
in black was not approved. The City did not
approve the entire driveway variance request
because the applicant did not provide a complete
site plan (including, but not limited to, the house,
septic, and accessory structure locations).
DISCUSSION
Proposal
The proposed 9641 Meadowlark Lane project consists of the construction of a 12-foot wide
bituminous drive, a single-family home, and accessory structures. The driveway will be a
continuation of the driveway approved with the previous variance. The total driveway length will
be approximately 350-400 feet in length. The majority of the driveway is 12 feet wide, with the
exception of the driveway widening to provide access into a three stall garage. The total area of the
proposed driveway is 6,357 square feet.
The applicant has proposed a two story, walkout home with a three stall garage, patio, and deck.
The proposed hardcover for the project is 9.9 percent (20 percent maximum allowed). Based on the
submitted survey, the footprint of these structures are:
House- 1,959 square feet. Deck/Patio- 861 square feet.
Garage- 1,002 square feet. Existing Shed- 120.
Front Stoop- 177 square feet.
Figure 5: Driveway Variance Request
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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Figure 6: Proposed Plan
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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Buildable Area
The buildable area of the subject site is
severely limited due to the:
100-foot setback from the tributary
100-foot setback from the lake
shoreline
10-foot side yard setback
Wetlands located on the south side of
the property
It is apparent that the desire of the
applicant is to place the home as close to
Lake Riley as possible and to orient the
structure to take advantage of the views
of Lake Riley. This objective is
understandable given the nature of the
property as it relates to the aesthetics of
the lake. However, the narrow buildable
area of the lot limits the applicant’s
opportunity to take advantage of the
views of Lake Riley. As shown in Figure
7, the widest buildable area on this lot
(measuring west to east) is approximately
44 feet. The widest buildable area width
nearest Lake Riley is only 39 feet.
However, the desire to locate a structure
near a body of water and to take
advantage of its views does not, of its
own accord, provide adequate
justification for being exempt from the
requirements that all similar lots must
meet. A variance application should
request the minimal deviation from City
Code needed to create a reasonable use of
the property. This request should be
approved only if the applicant is unable to
avoid the need for a variance completely.
Figure 7: Buildable Area
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
Page 7 of 16
Alternative Plan
The applicant has submitted an
alternative sketch plan that shows
how the property layout might
look if the applicant was required
to meet all city setback
requirements. As seen in Figure
8, the house would be oriented
with the front facing west and the
garage would load from the south.
Also, the driveway would make an
“S” shape to meet the 100-foot
setback from the tributary after
getting past the wetlands on the
south side of the property.
To meet city ordinance, the septic
systems would need to be moved
to the west side of the driveway
and closer to the tributary. Per
city code, the septic system is
required to maintain a 75-foot
setback from the tributary and
bodies of water, while all other
structures are required to maintain
a 100-foot setback from the
tributary and lake. While the
ordinance permits the septic
system to be closer to the
tributary, staff finds it preferable
to have the driveway located
closer to the tributary than the
septic system.
Based on the buildable area of the
lot, alternative plan, and review of
the site, staff has found that
requesting a variance for the
driveway, single-family home,
and accessory structures is a
reasonable request. Staff agrees
with the applicant that the site is
severely restricted by the existing
tributary and lake shore setbacks.
Figure 8: Alternative Plan Meeting City Code
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9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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Shoreland Impact Zone and Grading
In addition to the setback requirements, Section 20-482 subparagraph (b) states that “intensive
vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.”
The only exception to this is a limited clearing of 30% of the lot width or 30 feet, whichever is
less. For the subject property, the shoreland impact zone includes any land within 100 feet of the
shoreland. The clearing exemption for the subject property is 30 feet, as 30% of the shoreline
would be over 30 feet. This exception was intended to provide for a view of the lake as well as
to accommodate access to the lake, but not to overly impinge on the natural look of the shoreland
from the lake. The applicant’s original proposal did not meet this requirement. Since informing
the applicant of this requirement, the applicant has worked with staff and submitted a grading
plan that now meets the grading requirements within the shoreland impact zone (see Attachment
#5).
Grading must have erosion prevention and sediment control practices consistent with Section 19-
145 of city code. The most significant change is that biorolls are not an acceptable perimeter
control of gradient of water resources including the lake, stream and wetland. Instead, machine
sliced silt fence with metal tee-posts must be used.
Variance Minimization and Avoidance
Staff recognizes that a shoreline setback variance from the tributary is a reasonable request. The
property is significantly restricted by the setbacks from the lake shoreline, tributary, and side
yard. Nevertheless, any variance approved by the City should be the minimal variance required
to achieve a reasonable use. Staff commends the applicant’s effort to provide staff with what is
needed for the review of the proposed single-family home, accessory structures, and driveway.
However, there are alternatives to the proposed house plan that could minimize the tributary
setback variance request for the single-family home, and driveway. Questions posed by the
Water Resources Coordinator, regarding minimizing the variance request, include:
Are the primary and secondary septic sites oriented in the only way possible or, could
they be rotated some to allow for the driveway to be pulled further from the creek?
Even if the septic sites are oriented and placed in the only possible way, can the driveway
still be pulled further away from the creek?
Can the garage be oriented to the house at a more oblique angle than the proposed 90°
orientation to allow for a different driveway radius?
Can the house be pulled east so that it is aligned with the eastern wall of the garage
thereby increasing the setback from the channel?
Could the septic fields be moved more southerly on the property and the garage be
designed to load from the south so that the driveway alignment could meander and meet
the setback for at least the northern half of the driveway?
Could the driveway be narrowed?
Specifically, the location of the single family-home and orientation of the garage could be altered
to reduce the variance request. Staff has reviewed these alternatives and provided information
on these options on pages 9 and 10.
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
Page 9 of 16
Single-Family Home
Various reconfigurations of the home and garage could reduce the variance request.
Specifically, the home could be pulled eastward, either a few feet or fully aligned with
the garage, to reduce the variance request. Bringing the eastern house wall in alignment
with the eastern garage wall would minimize the variance request from the tributary
setback by nine feet, providing a 79-foot setback from the tributary instead of a 70-foot
setback (see Figures 9 and 10). However, this action would eliminate a:
window for a family room.
rear door out of the garage.
2nd floor egress window (required by building code).
Per building code, the 2nd floor bedroom is required to have an egress window; however,
the location and shape of this window can be altered from the original plan to meet
requirements. Considering the loss of an upstairs bedroom window, any reconfiguration
of the house that moved it east would reduce the variance request. The reconfiguration
would not necessarily need to be a full alignment between the two walls. The applicant
could also place the window on the western wall to provide egress.
Figure 9: Reconfiguring Home
Rear Garage
Door Removed
New Egress
Window Location
Egress Bedroom
Removed/Relocated
Figure 9: House Realignment Example
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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Garage Rotation
The applicant could reduce their variance request by rotating the garage so that it does
not line up perpendicular with the home. Instead the applicant could construct a south
loading garage. Rotating the garage would reduce the angle needed to access the garage
and allow the applicant to pull the driveway further back from the tributary. The
applicant would be able to relocate the driveway further from the tributary, reducing the
variance request, if the garage was rotated to become south loading (see Figure 11).
Rotating the garage to be south loading will eliminate the main floor and upstairs
windows facing south (see Figure 10). Moving the driveway will also require the
applicant to relocate the proposed septic systems; however, there appears to be adequate
space south to accommodate a relocation of the septic systems.
Figure 11 shows a realignment of the house, garage, driveway, and septic system (see
Attachment #15 for full version). The proposed rendering keeps the same driveway path as
proposed by the applicant until approximately 270 feet into the property. At this point the
driveway will curve to the east so that vehicles can enter a south facing garage. There is also a
4-foot wide sidewalk that has been added to the plan. The revised plan maintains the same
building footprint submitted by the applicant; however, it reduces the variance request to the
minimal amount needed to allow a reasonable use of the property. The structure will maintain a
79-foot setback from the tributary and a significant portion of the road will be moved further
from the tributary. The revised plan will require the applicant to reconfigure the interior layout
of the home to accommodate required bedroom egress windows and the desires of the property
owner. The septic systems will need to be moved south to accommodate the relocated driveway
and meet the 75-foot shoreline setback requirement.
Figure 10: Windows Affected
by Reconfiguring Home
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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Figure 11: House, Garage, Driveway
and Septic System Realignment
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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The applicant has been notified by staff that there appears to be opportunities to reduce the
variance request. The applicant has declined to make any alterations to the building plan and has
decided to move forward with their original proposal. The applicant has provided arguments for
the house location in their narrative and responses the Water Resources Coordinator’s questions
(see Attachment #3).
Character of the Neighborhood
The subject property is within the Riley Lake Meadows Development. Figure 12 shows five
shoreland homes in the Riley Lake Meadows Development that are within 600 feet of the subject
property. These homes are typically described as:
Having large front yard setbacks, ranging from approximately 280 feet to over 500 feet.
Being oriented towards Lake Riley. All of the homes appear to have the longest portion
of the home parallel with the shoreline.
Having large building footprints (all building footprints exceed 2,500 square feet).
Having a lake shore setback of at least 75 feet and a tributary setback of at least 50 feet
(property adjacent to the subject site).
Figure 12: Existing Neighborhood
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9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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The proposed home keeps within the essential character of the existing neighborhood. The
proposed project has:
An approximately 355-foot front yard setback.
The structure is in an L-shape with the longer portion of the structure oriented toward
Lake Riley.
A house footprint of 2,964 square feet.
A lake shore setback of 100 feet (required by city code) and a tributary setback of 70 feet
(100-foot setback required by city code).
It is evident that the proposed home will not alter the essential character of the neighborhood.
The home has a similar location, orientation, size, and shoreline setbacks as the five Riley Lake
Meadows Development properties within 600 feet of the subject property.
Variances within 500 feet of the Subject Property
The Riley Lake Meadows Development does not have a very extensive history of receiving
variances. Staff reviewed city records to determine if any variances were granted within 500 feet
of the subject property and found one approved variance at 240 Eastwood Court. This property
was granted an 18.5-foot variance from the 30-foot bluff protection setback to construct a deck.
Response to Comments Made within Narrative
The applicant has submitted aerial images of three shoreland properties for comparison of their
property and their variance request (see Attachments #3, #10, and #11). Figure 13, on the next
page, shows the location of the properties. With the exception of 9611 Meadowlark Lane, none
of these parcels are located within the Riley Lake Meadows Development. Staff has provided
additional comments regarding each of these three properties below.
9441 Great Plains Boulevard – This home was built in 1960. It has legal non-
conforming status regarding any shoreland setback requirements because it was built
prior to the City’s adoption of the shoreland regulations.
9001 Riley Lake Boulevard – This property is sewered and therefore requires only a 75-
foot setback from the shoreline. The property is currently compliant with City Code.
9536 Lakeland Terrace – This property is located within the City of Eden Prairie. Staff
has no comments on properties not located within the City of Chanhassen.
9611 Meadowlark Lane – The existing home and accessory structures appear to
encroach on the shoreline setback of the tributary. If these structures encroach on the
required shoreline setback of the tributary, the home and accessory structures were
approved by City Staff in error.
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
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SUMMARY
The applicant’s request for a variance from the 100-foot shoreland setback from a tributary to
construct a single-family home, accessory structures, and driveway is a reasonable request. The
proposed use of the property keeps in harmony with the general purposes and intent of Chapter
20 of City Code and is consistent with the City’s Comprehensive Plan. The proposed plan will
create a single-family home, with driveway and accessory structures, which is consistent with
other properties in the neighborhood. This plan will not alter the essential character of the
neighborhood.
The buildable area of the lot is significantly limited by the required setbacks and has created a
practical difficulty for the property owner from using the site in a reasonable manner. The
practical difficulty found on the property is due to natural occurrences and has not been created
by the property owner.
The proposal meets several criteria needed for a variance request; however, any variance
approved by the City should be the minimal variance required to achieve a reasonable request.
While the variance request made by the applicant is reasonable, staff believes that the plan
submitted by the applicant can be modified to reduce the variance request. Staff has provided an
Figure 13: Property Locations
Planning Commission
9641 Meadowlark Lane Variance – Planning Case 2016-07
March 15, 2016
Page 15 of 16
alternative plan that reduces the variance request through realigning the house, garage and
driveway (see Figure 11). The alternative plan maintains the same driveway proposal submitted
by the applicant until approximately 270 feet north of the southern property line. At this point the
driveway curves east to allow vehicles to enter a south facing garage. This plan also requires the
relocation of septic system alternatives and adds a 4-foot wide sidewalk to the plan. Staff
supports a shoreline setback variance that reflects the plan shown in Attachment #15.
RECOMMENDATION
Staff recommends that the Planning Commission, acting as the Board of Appeals and
Adjustments, approve a shoreland setback variance from a tributary for the construction of a
single-family home, accessory structures, and driveway, as shown in Attachment #15 of the
staff report, subject to the following conditions:
Planning and Building Department
1. The applicant shall apply for and receive a building permit and/or zoning permit for
all structures.
2. The applicant shall erect temporary fencing around the proposed septic locations prior
to any operation of equipment on the site.
Water Resources Coordinator
3. The plan must clearly indicate the shoreland impact zone and encroachment therein.
4. The applicant is responsible for any other agency approvals that may be required.
5. No site disturbance may occur until the city has received confirmation from the Board
of Soil and Water Resources that the wetland bank account has been debited thereby
satisfying the approved wetland replacement plan.
6. All erosion prevention and sediment control practices must be properly installed prior
to any earth disturbing activities.
7. Type II sediment control best management practices are required for all areas up
gradient of the wetland, the stream and the lake. This shall be machine sliced silt
fence with metal tee posts or other as approved by the City Engineer.
8. All other pertinent aspects of City Code Section 19-145 must be included with the site
plan including, but not limited to the placement of six (6) inches of topsoil to all
disturbed areas.
9. The city or their representative shall inspect the erosion prevention and sediment
control best management practices prior to any earth disturbing activities.
Forestry Official
10. Clearing and construction limits shall be located outside of shore impact zone and will be
no closer than 100 feet to the Ordinary High Water Level (OHWL).
11. Clearing of vegetation along the shore shall be limited to a strip of 30 feet, parallel to the
shoreline and extending inward within the shore impact zone. The applicant shall use
this clearing for views and access to the lake. No additional clearing is allowed by
ordinance.
12. Per city ordinance, all trees 10 inches and larger within the construction limits shall be
shown on the building permit survey.
Planning Commission
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March 15, 2016
Page 16 of 16
Fire Marshall
13. Address numbers shall be posted at the driveway entrance prior to any building
construction. Numbers shall be minimum 12 inches in height, located at the driveway
entrance, contrasting color to the surface they are applied to. Builder shall contact Fire
Marshal for review and approval of numbers.
14. No burning permits will be issued for tree or brush removal.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Applicant Narrative dated March 2, 2016.
4. Certificate of Survey & Existing Conditions dated March 1, 2016.
5. Erosion Control Plan and Wetland Buffers dated March 1, 2016.
6. Erosion Control Notes & Details dated February 11, 2016.
7. House Plan dated March 1, 2016.
8. Alternative Site Plan that Meets City Code dated received February 22, 2016.
9. Slope Pictures Submitted by Applicant.
10. Applicant Narrative dated received February 19, 2016.
11. Aerial Images of Miscellaneous Properties (3) Submitted by Applicant dated received
February 19, 2016.
12. Riley Lake Meadows Declaration of Covenants, Conditions and Restrictions.
13. Email from Jon & JoAnn Dimino dated March 6, 2016.
14. Email from Lisa Reilly dated February 23, 2016.
15. Alternative Plan
16. Affidavit of Mailing of Public Hearing Notice.
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