staff report 3801 leslee curCITY OF CHANHASSEN
PC DATE: June 7, 2016
CC DATE: June 23, 2016 (if necessary)
REVIEW DEADLINE: July 5, 2016
CASE #: 2016-06
BY: RG, TH, TJ, ML, JM, JS, SS
SUMMARY OF REQUEST: The applicant is requesting a variance for accessory structures in
excess of 1,000 square feet.
LOCATION: 3801 Leslee Curve – Lot 19 and Part of
Lot 18, Block 1, Pleasant Acres
APPLICANT: Kris Knox
3801 Leslee Curve
Excelsior, MN 55331
PRESENT ZONING: Single-Family Residential
(RSF)
2020 LAND USE PLAN: Residential Low Density
ACREAGE: 0.81 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.
PROPOSAL/SUMMARY
The applicant is requesting a variance in order to construct an accessory structure that will bring the
square footage of accessory structures in excess of 1,000 square feet.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
Chapter 20, Article XIII, General Supplemental Regulations
Section 20-904. Accessory Structures
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments denies the variance request to build
accessory structures in excess of 1,000 square feet and adopts the findings of fact and decision.”
Planning Commission
3801 Leslee Curve – Planning Case 2016-14
June 7, 2016
Page 2 of 3
BACKGROUND
The house was built in 1979.
The Pleasant Acres subdivision was approved on January 7, 1957 by Carver County.
SITE CONDITIONS
The single-family home located on the property is non-conforming in that it does not meet the
setback from Glendale Drive. The property slopes from west to east with a high point along
Leslee Curve at approximately 980 and a low point on Minnewashta Parkway at 964.
NEIGHBORHOOD
The area consists completely of single-family detached housing. There are three parcels to the
south of the site that could be further subdivided.
Staff has found only two variance applications within the neighborhood:
Variance 80-10 3821 Glendale Drive Variance for trailer home allowed for three months.
PC #2002-4 3920 Leslee Curve Variance for a 3 ½ ft. side yard setback approved.
ANALYSIS
The proposed new accessory structure does not exceed 200 square feet, therefore, a building
permit is not required. However, a zoning permit would be necessary. Upon review of the
zoning permit application, the city discovered that the accessory structures would exceed 1,000
square feet and that a variance would be necessary to construct this shed.
Staff has performed an aerial survey of the
properties within 1,000 feet of the site and
could not find another accessory structure
even close to 1,000 square feet. The use of
large accessory structures in single-family
residential areas is extremely out of
character with the residential nature of the
neighborhood.
Currently, the property owners have
reasonable use of the subject property
within the Single-Family Residential
District (RSF). The property has 997
square feet of accessory structure space
Planning Commission
3801 Leslee Curve – Planning Case 2016-14
June 7, 2016
Page 3 of 3
available for storage. Additionally, there is a smaller shed located in the rear yard. The addition
of a 120 square-foot shed is not reasonable since there is currently a sufficiently large accessory
structure that can be used for storage. Further, the applicant could expand the existing house to
create additional storage space while still complying with the zoning regulations.
Historically, the city has permitted accessory structures in excess of 1,000 square feet for
agricultural uses with either Rural Residential or Agricultural Estate zoning district. Allowing the
use of large accessory structures in single-family residential areas may permit the creep of non-
residential uses in to neighborhood areas and would lead to a change in the character of the
neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission deny the variance request and adopts the
attached findings of fact and decision.
ATTACHMENTS
Findings of Fact and Decision
Development Review Application
Applicant Narrative
Shed Brochure
View Toward East of Yard
View to South of Yard
View to West of Yard
Zoning Permit Application
Email from Jane Bender to Bob Generous dated May 27, 2016
Public Hearing Notice and Mailing List