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C-1. 2740 Orchard Lane - request for a variance for a second driveway on property zoned single family residential RSF) and located at 2740 Orchard Lane. Applicant/Owner: Faye Kamrath PC DATE: June 20,2017 \ _____ 0 C _I . CC DATE: July 10,2017 = CITY OF CHANHASSEN REVIEW DEADLINE: July 18,2017 c�, q 5 CASE#: 2017-13 H H A % BY: MW, SS,JS PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow for a second driveway access at 2740 Orchard Lane, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: 0 W The applicant is requesting a variance to create a second driveway access at 2740 Orchard Lane. The property has a single gravel driveway on the southeast corner of the lot which serves the house,but does not serve the detached garage located on the southwest corner of the property. Currently the house is occupied by a renter and the detached garage is used by the property owner for storage. The proposed second driveway would be located approximately 200 feet from the existing driveway. This driveway would add approximately 1,440 square feet of impervious surface to the property, whereas extending the existing driveway to connect to the detached garage would increase the property's impervious surface by an estimated 3,800 square feet. A variance is required because city ordinance limits residential lots to a single driveway access. LOCATION: 2740 Orchard Lane Am (PID 255150040) — . — APPLICANT: Faye Kamrath 2731 Orchard Lane Excelsior, MN 55331 .,. OWNER: Faye Kamrath 4 \ 2731 Orchard Lane Excelsior, MN 55331 \ 1 _,e r PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: 4.4 acres DENSITY: NA Planning Commission 2740 Orchard Lane—2°d Driveway Variance June 20, 2017 Page 2 of 8 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 p % POND d The applicant wishes to improve ,.p, 5 ti r j, access to the property's detached " 0% 11E-- ` `` garage. Currently the garage is "i"'""`"'"`� "''' t'.5'°h 4 accessed by driving across the y '� , �°"`� lawn. This has caused the grass in 92- the 2the area to die off which has ,,1 ' Kow�i effectively created a dirt driveway \ which is difficult to navigate when \ the ground is wet. wa' "'�" The applicant proposes to improve $�1� \� the situation by creating a second driveway. This driveway would be 82 feet long, including the area in the right of way, and 16 feet wide, and would add about 1,440 square feet of impervious surface to the property. It would be located approximately 210 feet from the property's existing driveway. The driveway would be the only one accessing Orchard lane between Minnewashta Woods Drive and Sandpiper Trail. It would be located about 145 feet from the intersection of Orchard Lane and Sandpiper Trail. The applicant has stated that it would be impractical to meet ordinance by connecting the detached garage to the existing driveway because of the distance involved. A connecting driveway would need to be around 240 feet long and would result in significantly more impervious surface being constructed on the property. They also believe that the wetland located on the property would require the connection to pass in front of the house and run parallel to Orchard Lane, a configuration which would be detrimental to the neighborhood's aesthetics. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2,Rules of Construction and Definitions Chapter 20,Article II,Division 3,Variances Chapter 20,Article VI. Wetland Protection Chapter 20,Article VII. Shoreland Management District Chapter 20,Article XII. "RSF"Single-family residential district Planning Commission 2740 Orchard Lane—2m1 Driveway Variance June 20, 2017 Page 3 of 8 Section 20-615. Lot requirements and setbacks. Chapter 20,Article XXIV,Division 2,Parking and Loading Section 20-1122. Access and Driveways BACKGROUND The original house was built in 1900. On August 22, 2013,the city issued a building permit for a detached garage. The detached garage was not connected to the existing driveway, and note was placed on survey indicating that a driveway to the street was not allowed. On May 25,2017, staff was informed that a home occupation, namely a lawn care/landscaping business, was being run from the detached garage at 2740 Orchard Lane. Staff followed up on the complaint and determined that the property was being used to store lawn care equipment. On May 30,2017, staff sent a letter to the property owner informing them of the city's home occupation ordinance and instructing them to ensure that the property was in compliance by Friday, June 9,2017. On June 9,2017, the property owner spoke with Construction Manger Ferraro and stated that the building had been used to store lawn care equipment for use on their property and that no business was being run from the property. The owner stated that the equipment has been removed. SITE CONDITIONS The property is zoned Single-Family —T Residential and is partially located within E:, the city's Shoreland Management District. There is also a large Manage 2 Wetland _4 covering most of the northern half of the . Wetland property. This zoning district requires lots to �' be a minimum of 20,000 square feet,have front yard setbacks of 30 feet,rear yard ti setbacks 30 feet, side yard setbacks of 10 feet, and limits hardcover to a maximum of +horehnd r j rl: y, .- 25 percent of lot area. Residential structures - are limited to 35 feet in height. As the lot was created before May 14, 2007, structures should be set back at least 40 feet from the edge of the wetland. The lot is 4.4 acres, and currently has 5,050 square feet of impervious surface resulting in 2.6 percent lot coverage. The proposed driveway expansion would increase this to 6,490 square feet Planning Commission 2740 Orchard Lane—2nd Driveway Variance June 20, 2017 Page 4 of 8 of impervious resulting in 3.4 percent lot coverage. The property's existing buildings conform to all applicable setbacks. Currently, the house is occupied by a renter and the detached garage is being used for storage by the property owner. NEIGHBORHOOD Minnewahsta Park The plat for this area was recorded in November 1887. Numerous subdivisions have occurred on the neighboring properties resulting in a predominance of third to half acre lots, with several larger one to one and half acre lots mixed it. Within the neighborhood,the property in question is unique both for its acreage and for the size of its wetland. All of the properties in this area are zoned Single Family residential District. Variances within 500 feet: 82-02 2730 Orchard Lane: Approved wetland fill and grading for construction of single family home. Non-conforming driveways (2 access)within 500 feet: 2630 Orchard Lane: 2 driveways on Orchard Ln,approximately 250 feet apart. 2641 Orchard Lane: 1 driveway on Orchard Ln and 1 driveway on Forest Ave, approximately 60 feet apart. 2660 Orchard Lane: 2 driveways on Orchard Ln, approximately 100 feet apart. 2821 Washta Bay Rd: 2 driveways on Washta Bay, approximately 80 feet apart. ANALYSIS• One Driveway Requirement The Single Family Residential District(RSF)has a minimum lot frontage of 90 feet. In order to prevent an extremely high density of driveway accesses along roads serving these and other residential districts Section 20-1122(10)limits each residential lot to a single driveway access. Additionally the 2030 Comprehensive Plan espouses a standard spacing of at least 40 feet between driveways. This ordinance and the comprehensive plan guidelines exist to prevent possible public safety and traffic issues that can emerge from a high concentration of closely spaced driveways, and also for aesthetic considerations involving insuring adequate greenspace and providing for an appealing viewscape in residential neighborhoods. Planning Commission 2740 Orchard Lane-2nd Driveway Variance June 20, 2017 Page 5 of 8 The property at 2740 Orchard Lane has approximately 350 feet of frontage along Orchard Lane,and the start of the proposed second driveway is about 215 feet from the end of the existing driveway. For reference,the distance between the existing driveway and the driveway of the property to the east along Orchard Lane is roughly 90 feet. The applicant has stated that the distance between other driveways along Orchard Lane ranges from 12 to 165 feet. The property's house,located in the lot's southeast corner,is currently served by an existing gravel driveway. The large frontage of the property means that a second driveway serving the detached garage,located in the lot's southwest corner,could be accommodated without creating either the public safety,traffic,or aesthetic issues that can stem from a dense collection of driveways. The distance between the two driveways would be greater than is typical between the driveways of two RSF parcels and would conform to the comprehensive plan's 40-foot standard. Impervious Surface ARV rlrt ,L1. MANKLV KNUSLHLL 44490ET t \ The applicant has a large property `_ 4sst J1. and could connect the detached LOT 6 0 ` ,SI _( #' \""'''' garage to the existing driveway HNA WASHTA PARK / �/% without exceeding the property's 25 , �,.6s'°" 1 nu°° %�►�' ' ��fir//, tovTt ° io '/�/ percent impervious surface limit; �, tile a,°"'` ,00... �• _ ai N �. however,this would require a ; w d��A� i �T significantly longer driveway. Staff \ „ " i1,( sketched out two alternative e '' '� driveway paths that would meet r= y) ,h�F_, code. The first alternative travels in 'j� - 0•"�'�c s front of the house and,assuming a s 21 m V i �N 12-foot wide 239-foot long �- 00 "�` driveway connecting to the \ � SHj��" proposed 30 by 32 foot apron, ,,,\ HC- \ would have a surface area of 3,828 \ \, square feet. The second alterative travels behind the house and, \ \ \ ---- assuming12-foot wide 337-foot 1 0 lt 2 f,�prrsl' 31x30= 9G V �,t';!!a z.w: 9co 01 long driveway connecting to the y,0 , �" a= t2 �y4�� 1, 6, b.a 1114 proposed 30 by 32 apron,would 'rz9`1 sl.'77.7'47 ,li_ 1764 have a surface area of 5,004 square feet. In contrast,the proposed driveway,a 16-foot wide 30-foot long driveway connecting to a 30 by 32 foot apron would have a surface area of 1,440 square feet. Staff's alternative routes are conceptual,and it is likely that a less hardcover intensive route could be created;however, any attempt to connect the detached garage to the existing driveway would result in significantly more impervious surface than the proposed second driveway. Increased impervious surface means increased stormwater runoff. Engineering staff supports this variance Planning Commission 2740 Orchard Lane—2"d Driveway Variance June 20, 2017 Page 6 of 8 request as it the proposed second driveway's environmental impacts are less intense than the impacts of a driveway meeting code. Impact on Neighborhood Using aerial photos to survey >>,ope,-iies ay access: properties within 500 feet of the ,..\i --=--t, " . . - applicant staff found that 4 of the ' ,,_ ,, " ' tivirfor 67 properties had two driveway `. �► accesses. Three of these 't>. 'fit. - properties were located on �_ ,r,.... `' ," r.,..___rill, Orchard Lane,and the distance �' , \ f L, y between their two accesses . �'(\«+0!:� 4. k ranged between 100 feet and 60V. I , feet. Generally,the distances between the single driveway )4, accesses of two single family r r \._-.,i, homes is significantly less than !• 4. , . �' �; the 215 feet that would separate '.' e r{• : < ., . ' I-, 4 the proposed driveway from the _ '. ' " . y J ,>. . �• existing driveway. For these .r'' ;.E ~.. '"'.-i'" , reasons staff does not believe that -- granting this variance would negatively impact the veiwscape or character of the neighborhood. The applicant has also noted that a driveway which complied with the ordinance would need to run parallel with Orchard Lane for over 200 feet,creating the appearance of a frontage road. This configuration would be out of character with other properties in the area,would likely have a larger impact on the character of the neighborhood. Concerns Over Home Occupation Staff has been contacted by multiple residents who have expressed concern that this driveway will be used to allow the intensification of a landscaping business that they believe is being operated from the detached garage. Staff has sent a letter to the applicant informing them that the detached garage cannot be used to conduct a home occupation and requesting that they clarify the use of the structure by June 9,2017. Subsequently,the owner spoke with staff and stated that the garage was only being used to store lawn care equipment for use on their property, and that the equipment has been removed. They have stated that no business is being run from the property. Staff views the variance request as separate from the potential for a code violation, and will work to ensure the property is being used in a manner permitted by city code regardless of the outcome of the variance case;however,in order to avoid confusion,staff is recommending that a condition of Planning Commission 2740 Orchard Lane—2nd Driveway Variance June 20,2017 Page 7 of 8 the variance be that the detached garage may not be used to store items related to or to conduct a home occupation. SUMMARY The applicant wishes to install a second driveway on their property to provide access to their detached garage. The applicant's current practice of driving over the grass has essentially created a dirt driveway that is difficult to navigate in wet weather. The applicant could gain access to the detached garage by connecting it to the house's existing garage;however, this would significantly increase the amount of impervious surface on the property. The lot is question is a large 4.4-acre parcel with around 350 feet of frontage along Orchard Lane and the proposed second driveway would be located 200 feet from the existing driveway. Staff believes that the proposed second driveway will not negatively impact the surrounding neighborhood,will not create safety or traffic issues, and will result in less impervious surface and a smaller environmental impact than extending the existing driveway to serve the detached garage. RECOMMENDATION Staff recommends that the Planning Commission approve the variance request to allow for a second driveway access at 2740 Orchard Lane, subject to the following conditions: 1. The applicant must apply for and receive a driveway permit. 2. Tree protection fencing shall be installed around existing trees prior to any construction activities. 3. Double silt fence must be in place to protect the wetland prior to any excavation of the site. 4. The driveway must be constructed in accordance with current construction requirements/details as well as the requirements in City Code Section 20-122 Access and Driveways. 5. The driveway shall be surfaced with bituminous, concrete, or paver surface. 6. As stipulated by City Code Section 20-977 the detached garage may not be used to operate or store material for a home occupation. Should the Planning Commission deny the variance request to intensify the nonconforming use, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: Planning Commission 2740 Orchard Lane—2nd Driveway Variance June 20, 2017 Page 8 of 8 "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow for a second driveway access at 2740 Orchard Lane, and adopts the attached Findings of Facts and Decisions." ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Public Hearing Notice Mailing List 5. Engineering Comments 6. Environmental Resources Specialist Comments 7. Variance Document G:\PLAN\2017 Planning Cases\17-13 2740 Orchard Lane-Variance\PC Staff Report-2740 Orchard Lane.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Faye Kamrath for a variance request to allow for a second driveway access on a property zoned Single Family Residential District(RSF)-Planning Case 2017-013. On June 20,2017,the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments,met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential District(RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 6 Minnewashta Park 4. Variance Findings—Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The City Code limits residential lots to one driveway access to prevent a dense clustering of driveways which could negatively impact traffic, safety, and the viewscape of residential neighborhoods. Similarly,the 2030 Comprehensive Plan specifies that there should be at least 40 feet between driveway accesses. Due to the property's approximately 350 feet of frontage along Orchard Lane and the proposed 200 plus foot spacing between the existing and proposed driveway, allowing a second driveway would not run counter to the intent of Chapter 20 and would be in line with the 2030 Comprehensive Plan guidelines. Additionally, Chapter 20 places limits on the amount of impervious surface allowed on residential lots in order to reduce stormwater generation and protect the City's water resources. While both the proposed driveway and a driveway conforming to City Code would be under the property's 25 percent impervious surface limit, granting a variance which has the effect of reducing the amount of impervious surface that will be installed near a wetland is line with the intent of Chapter 20. 1 b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include,but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant could construct a driveway that complied with City Code; however,the distance between the house and detached garage make a connecting driveway impractical and excessively long. It is reasonable to request a second access in lieu of a long driveway connection paralleling Orchard Lane. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to allow access to the detached garage with a minimum impact on the property, and is not based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The width of the property,placement of the original house, and presence of a large wetland on the norther half of the property would have made it challenging to construct a detached garage in a location readily serviceable by the existing driveway. The applicant could have constructed the detached garage in a location more easily connectable to the existing driveway. e. The variance, if granted, will not alter the essential character of the locality. Finding: Four other properties within 500 feet also have two driveway accesses. Most driveways in the area are located closer to each other than the proposed driveway is from the existing driveway. Allow the detached garage to be accessed by a second driveway would have a minimal impact on the neighborhood. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report#2017-13, dated June 20,2017,prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow for a second driveway access at 2740 Orchard Lane, subject to the following conditions: 1. The applicant must apply for and receive a driveway permit. 2 2. Tree protection fencing shall be installed around existing trees prior to any construction activities. 3. Double silt fence must be in place to protect the wetland prior to any excavation of the site. 4. The driveway must be constructed in accordance with current construction requirements/details as well as the requirements in City Code Section 20-122 Access and Driveways. 5. The driveway shall be surfaced with bituminous, concrete, or paver surface. 6. As stipulated by City Code Section 20-977 the detached garage may not be used to operate or store material for a home occupation." ADOPTED by the Chanhassen Planning Commission this 20th day of June, 2017. CITY OF CHANHASSEN BY: Chairman 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Faye Kamrath for a variance request to allow for a second driveway access on a property zoned Single Family Residential District(RSF)-Planning Case 2017-013. On June 20, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments,met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential District(RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 6 Minnewashta Park 4. Variance Findings— Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: It is the intent of the City Code's one driveway per residential lot provision to prevent the proliferation of driveway accesses within residential districts. Many homeowners have both attached and detached garages, and the City requires that both be served by a single access point. Allowing separate garages separate driveway access would run counter to intent of this chapter. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include,but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The homeowner could either connect the detached garage to the existing driveway or remove the existing driveway and construct a new driveway to service the 1 detached garage. Both of these alternatives would meet City Code without requiring a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to provide driveway access to the detached garage with the minimum possible increase to the lot's impervious surface; this is not an economic consideration. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property owner could have built the detached garage in a location that would lend itself to an easy connection with the existing driveway. e. The variance, if granted, will not alter the essential character of the locality. Finding: No other front yard detached garage within 500 feet is serviced by a second driveway. This configuration creates a more agrarian aesthetic than is typical for the • neighborhood. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14,when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report#2017-13, dated June 20, 2017, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow for a second driveway access at 2740 Orchard Lane." ADOPTED by the Chanhassen Planning Commission this 20th day of June,2017. CITY OF CHANHASSEN BY: Chairman 2 A COMMUNITY DEVELOPMENT DEPARTMENT Planning Division—7700 Market Boulevard CITY OF CHANHASSNMailing Address—P.O.Box 147, Chanhassen,MN 55317 Phone: (952)227-1300/Fax: (952)227-1110 h� Q APPLICATION FOR DEVELOPMENT REVIEW 1 Submittal Date:v f J.f JJ PC Date: (0/26/I CC Date:l /I0/1 60-Day Review Date: i/4+ Section 1: Application Type(check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment $600 ❑ Subdivision(SUB) ❑ Minor MUSA line for failing on-site sewers $100 0 Create 3 lots or less $300 ❑ Create over 3 lots $600+$15 per lot O Conditional Use Permit(CUP) ( lots) ❑ Single-Family Residence $325 ❑ Metes &Bounds(2 lots) $300 ❑ All Others $425 ❑ Consolidate Lots $150 CI Interim Use Permit(IUP) ❑ Lot Line Adjustment $150 ❑ Final Plat $700 ❑ In conjunction with Single-Family Residence..$325 (Includes$450 escrow for attorney costs)* ❑ All Others $425 `Additional escrow may be required for other applications through the development contract. ❑ Rezoning(REZ) ❑ Planned Unit Development(PUD) $750 ❑ Vacation of Easements/Right-of-way(VAC) $300 ❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply) ❑ All Others $500 Variance(VAR) $200 ❑ Sign Plan Review $150 ❑ Wetland Alteration Permit(WAP) ❑ Site Plan Review(SPR) 0 Single-Family Residence $150 ❑ Administrative $100 ❑ All Others $275 ❑ Commercial/Industrial Districts* $500 Plus$10 per 1,000 square feet of building area: 0 Zoning Appeal $100 ( thousand square feet) ❑ Zoning Ordinance Amendment(ZOA) $500 'Include number of existing employees: *Include number of aw employees: ❑ Residential Districts $500 ren : When multiple applications are processed concurrently, Plus$5 per dwelling unit( units) appropriate fee shall be charged for each application IS Notification Sign(City to Instal and remove) $200 Property Owners'List within 500'(City to generate after pre-application meeting) t f 4/g'OD $3 per address ( Y g addresses) ❑ Escrow for Recording Documents(check all that apply) $50 per document Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ,.er Variance ❑ Wetland Alteration Permit ❑ Metes&Bounds Subdivision(3 docs.) 0 Easements( easements) TOVACi JBt;S5EAv $(4911E.00 nilr-r*r. Section 2: Required Information Description of Proposal: !' ` rlA' I h ZU1 l CHANHA9SEN P4ANNING DEPT Property Address or Location: 0-)i-to op r tM ie 10 ( /": 6:' = Parcel#:(q5., SI c0ot(0 Legal Description: SFr no,' t-I TD0A4 SM iP (1(p f -iJ(e4 O23 l�A t•t�trr t�/�S j Total Acreage: ti...s- Wetlands Present? .Yes CI No QA C i ��P L 7 Present Zoning: Select One An Muni_ 4S/13 Requested Zoning: Select One Present Land Use Designation: Select One Requested Land Use Designation: Select One Existing Use of Property: #=);tstr i' IS A /�rr krTA A t LI IN f i I% b a l ,4 e in '� (':;'' 2A GO' l.3 rk"I"(p,k4..,1 e El Check box is separate narrative is attached. Section 3: Property Owner and.Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I,as applicant,represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval,subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by j the property owner, I have attached separate documentation of full legal capacity to file the application.This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. further understand that additional fees may be charged for consulting fees,feasibility studies,etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I,as property owner,have full legal capacity to,and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions,subject only to the right to object at the hearings or during the appeal periods.I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees,feasibility studies, etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: I✓Ayj? kA v l4 T1) Contact Address: a'73) ob C4:14&D tAkt/f Phone: City/State/Zip: et y-[.,.A t s tell?, 1M Kt, WM. Cell: li Email: 6k1I ht/3 I r; 6'MP-.['iv, Fax: j' Date: t.1---/4-/7 Signature:1—,,I7- ,.I{ 1 I This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: 0 Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: [' Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑Mailed Paper Copy City/State/Zip: ❑ Other* Via: 0 Email 0 Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing(required). PRINT I SAVE FORM FORM I I SUBMIT FORM am requesting a variance to install a second driveway to a detached garage at 2740 Orchard Lane. Since there is an existing driveway servicing the house on the property,a variance is required to allow installation of a second driveway to service the detached garage. The garage is used to store several classic cars as well as lawn and grounds maintenance equipment and snow blowers. While not having a driveway did not seem to be much of an issue when we built the garage, it since has become somewhat of a problem. The garage is currently accessed by driving over the lawn from the roadway. While this initially worked,as more trips over the lawn have occurred, the grass has gradually been killed resulting in an unsightly and difficult to use dirt road,especially during wet weather and in the spring. A driveway from Orchard Lane to the garage would greatly enhance the accessibility to the garage,eliminate the unsightly dirt road and yet blend in well with the property. The proposed driveway would blend well with the aesthetics of the neighborhood. The proposed width of 16 feet corresponds with the other driveways. Other driveways on Orchard Lane range in length from 60 feet to 120 feet in length, The proposed driveway is 82 feet long. The distance between driveways on Orchard Lane varies from as little as 12 fcct to 165 feet. The distance from the proposed driveway to the next nearest driveway is 205 feet. It will be the only driveway on the block from Sandpiper Trail to Minnewashta Woods Drive. The proposed driveway is 145 feet from the corner of Sandpiper Trail and Orchard Lane allowing a reasonable distance for vehicles turning onto Orchard Lane and vehicles entering or exiting the proposed driveway to safely react to each other. I plan to install additional shrubbery,plants and flowers near the proposed driveway so it blends in well with the other landscaping on the property. I will assess how to best accomplish that once the driveway has been installed. There are some difficulties in attempting to comply with the ordinance and installing a driveway from the house driveway to the garage. The most significant issue is the distance involved. A driveway from the house to the garage would be approximately 240 feet long,while a driveway from Orchard Lane to the garage would be 82 feet. That would result in considerably less hard pack. The configuration of the property does not lend itself to installing a driveway from the house to the garage in an aesthetically pleasing manner. Since the house is located on the end of the property, and the garage at the opposite end,a driveway complying with the ordinance would run the entire length of the property and parallel to Orchard Lane. Since there is a wetland behind the house,the only feasible route would be across the front yard of the house. This would create a frontage road appearance, much more obtrusive and certainly would not fit in with any of the other properties on Orchard Lane, who all have more conventional driveways. It would significantly detract from the current landscaping, the turn of the century ambiance of the property,as well as restricting any future landscaping. Granting a variance for a second driveway would do far less to alter the character of the neighborhood than would a driveway in compliance with the ordinance. We have grown very fond of the property and have spent considerable time upgrading the house and improving the grounds. A variance for a second driveway would further enhance our efforts to continue to improve what we consider a rather unique property, CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on June 8, 2017,the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;that on said date she caused to be mailed a copy of the attached notice of hearing is to consider a request for a variance for a second driveway on property zoned single family residential (RSF) and located at 2740 Orchard Lane to the persons named on attached Exhibit"A",by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. A21"\i/WL...d • A • Kim T. 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I- J O U w 06 06 0 cc o6S c.7 Z Z z Z wM o2S �LIJ o g 0 62 F p= a a J Z o o Q w m p Z v~i } U 0 0 Q O oc r 1f oV D_ w G J U L . V) J w w w O 2 2 1- H 0 cc } w oc _ 2 2 2 mDo w w ccom = x2Ww >- � WQCCY } QQQtQQW W � W = QC. 1 - 000 N Z• Q Q Q W LLI Z cc W Z O Q ac Q Q U U U 0 V co co 0 0 0 H Lu W J_ J_ J_ Y Y Y Y J g g g J I J 2 2 2 2 2 2 z 2 cc cc N v) (7 (n N 1- 1= MEMORANDUM TO: MacKenzie Walters,Planner FROM: Stephanie Smith,Project Engineer DATE: June 20,2017 RE: Application for variance for second driveway on property zoned single-family residential (RSF)and located at 2740 Orchard Lane It is my understanding that the applicant,Faye Kamrath,would like to construct a second driveway for her detached garage onto Orchard Lane. The proposed driveway is 82 feet long and 16 feet wide. The driveway would be constructed at approximately the same location as shown on her building plan for the detached garage dated July 15,2013. The existing site conditions include a Manage 2 Wetland on the northwest portion of the property. A home and an existing gravel driveway are located on the eastern portion of the property. The detached garage sits on the western half of the property over 200 feet away from the existing driveway. The large size of the lot and the distance between the existing driveway and garage make it problematic to meet the code requirement for one driveway.To meet the code requirement,the applicant had proposed an approximately 200-foot driveway extension to connect the existing garage to the existing driveway. Staff supports a variance allowing the second driveway,because the second driveway would result in less hardcover,therefore less stormwater runoff.The large size of the lot also allows the proposed location of the driveway to meet the 40-foot standard set in the 2030 Comprehensive Plan for driveway spacing. Due to the proximity to the wetland, double silt fence must be in place to protect the wetland prior to any excavation on the site. Additional erosion and sediment control measures may be required with staff review of the driveway permit. If the Planning Commission approves this variance,the applicant must also apply for a driveway permit, and the driveway must be constructed in accordance with current construction requirements/details as well as the requirements in City Code Sec. 20-1122 Access and driveways. Staff recommends approval of the variance with the following conditions of approval: 1. Double silt fence must be in place to protect the wetland prior to any excavation o11 the site. 2. A driveway permit is required prior to beginning construction of the driveway. 3. The driveway must be constructed in accordance with current construction requirements/details as well as the requirements in City Code Sec.20-1122 Access and driveways. 4. The driveway shall be surfaced with a bituminous,concrete or paver surface. MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: Jill Sinclair, Environmental Resources Specialist DATE: June 20, 2017 SUBJ: 2740 Orchard Lane, Variance Request The applicant is proposing to install a second driveway on the property and the proposed alignment from the road to the garage is the best alternative as compared to an extension of the existing driveway which would cause increased hard surface coverage and loss of landscaping. The proposed drive should preserve the existing trees on either side of the alignment. The applicant shall install tree protection prior to any construction activities. Recommendations: 1. The applicant shall install tree protection fencing around existing trees prior to any construction activities. CITY OF CHANHASSEN CARVER COUNTY,MINNESOTA VARIANCE 2017-13 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a variance request to allow for a second driveway access at 2740 Orchard Lane 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota,and legally described as Lot 6 Minnewashta Park. 3. Conditions.The variance approval is subject to the following conditions: a. The applicant must apply for and receive a driveway permit. b. Tree protection fencing shall be installed around existing trees prior to any construction activities. c. Double silt fence must be in place to protect the wetland prior to any excavation of the site. d. The driveway must be constructed in accordance with current construction requirements/details as well as the requirements in City Code Section 20-122 Access and Driveways. e. The driveway shall be surfaced with bituminous, concrete, or paver surface. f. As stipulated by City Code Section 20-977 the detached garage may not be used to operate or store material for a home occupation. 1 4. Lapse. If within one(1)year of the issuance of this variance the allowed construction has not been substantially completed,this variance shall lapse. Dated: June 20,2017 CITY OF CHANHASSEN BY: (SEAL) Denny Laufenburger, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 2017 by Denny Laufenburger,Mayor and Todd Gerhardt, City Manager,of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen,MN 55317 (952)227-1100 2