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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