PC Staff Report 17-18 Y o PC DATE: September 5,2017
((:).
1111111 .
CC DATE: September 25 2017 ��'
.
CITY OF CHANHASSEN REVIEW DEADLINE: October 3,2017
q S CASE#: 2017-18
NH A % BY: MW eke
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments approves a variance request to allow the
conversion of a nonconforming-detached garage to an attached garage via a nine-foot eight-inch
wide expansion within the required front yard setback, subject to the conditions of approval and I
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:
The applicant is requesting a variance to from their property's 30-foot required front yard
setback in order to convert an existing detached one-car garage into an attached two-car garage. 1
The existing garage is 2.8 feet from the front lot line at its closest point and approximately six
feet from the front lot line at its farthest point. The proposed expansion would start
approximately six feet from the front lot line and terminate about eight feet from the front lot
line. Expanding the garage would allow the property to have an average sized two-car attached
garage.
LOCATION: 20 Hill Street
(PID 258400100)
APPLICANT: Sather Design/Build, Inc. -
Attn: Steve Sather -
10432 Purdey Rd
Eden Prairie, MN 55347
OWNER: Steven and Beth McAuley
20 Hill Street
Chanhassen, MN 55317
PRESENT ZONING: RSF _ ' f
r.
2030 LAND USE PLAN: Residential Low `�\
Density '
ACREAGE: .95 acres DENSITY: NA
Planning Commission
20 Hill Street—Garage Variance
September 5,2017
Page 2 of 7
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
In 1985, a pervious homeowner received a variance to
construct a single stall detached garage with a 6-foot front
yard setback and 1-foot side yard setback. The detached
garage was actually construed 2.8 feet from the front lot
line and 3 feet from the side lot line. As the garage has
existed in its present location for the last 32 years, staff
considers it a non-conforming use.
The current property owner is requesting variance to
convert the existing detached garage into a two car <' ' ` `
attached garage. They have three children approaching `
driving age and would like additional off street parking.
The applicant has noted that the city ordinance requires `' I
new homes to have two car garages, and has stated that
the property's existing one car attached garage is unusable during the winter months. They do
not believe that the configuration of their property allows them an option for increasing off-street
parking without receiving a variance.
APPLICABLE REGULATIONS
Chapter 1, General Provisions
Section 1-2,Rules of Construction and Definitions
Chapter 20,Article II,Division 3,Variances
Chapter 20,Article II,Division 4,Nonconforming Uses
Chapter 20,Article VII. Shoreland Management District
Chapter 20,Article XII. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter 20,Article XXIII,Division 1, Section 20-905. Single-family dwellings
Chapter 20, Article XXVIII. Bluff Protection
BACKGROUND
County records indicate that the home was built in 1961. The city does not have any information
on this property prior to 1976.
Planning Commission
20 Hill Street—Garage Variance
September 5,2017
Page 3 of 7
On April 15, 1985, the city granted a 24-foot front yard setback, nine-foot side yard setback, and
five-foot structure separation variance for the construction of a 12-foot by 22-foot detached
single stall garage. The associated staff reports notes the presence of an existing attached single
stall garage which was present when the homeowner bought the house in 1975. The variance was
granted due to the lot's topography and the fact that the attached garage is unusable during the
winter months.
On April 26, 1985,the city issued a permit for the construction of the garage. A survey from
1996 associated with a deck permit shows the 1985 detached garage with a 2.7-foot front yard
setback and a 3.5-foot side yard setback.
On January 28, 2002, the current owner bought the house.
On November 1, 2011,the city issued a permit for the construction of a boathouse and storage
garage in the rear yard. The associated survey, dated August 10, 2007, shows the 1985 detached
garage with a 2.8-foot front yard setback and 3-foot side yard setback.
SITE CONDITIONS
The property is zoned Single-Family
Residential and is located within the RS F
Lotus Lake's Shoreland Management
District. This zoning district requires lots 1
to be a minimum of 20,000 square feet,
have front yard setbacks of 30 feet, rear �'oy
yard setbacks of 75 feet from the lake's / ..'s
ordinary high water level, side yard fid. J ``k,-�
setbacks of 10 feet, and limits hardcover / j,
to a maximum of 25 percent of lot area. a`
Residential structures are limited to 35 � �--,
?
feet in height. The house is also built on a ./.
bluff which requires that new buildings t
!�
be setback 30 feet from the top of the / j LotusLake
Ill
bluff, and that additions to existings"sw sr Park
buildings be setback 5 feet or the existing 1
setback, whichever is greater. R 12
r /,
`' '` `
The lot is 41,382 square feet, and __, c
currently has 9,174 square feet of
impervious surface resulting in 22.17 percent lot coverage. The existing detached garage is
located entirely within the front yard setback and encroaches seven feet into the required side
yard setback. The house encroaches 4.5 feet into the required front yard setback. The location of
the house and detached garage established a 5-foot bluff setback for additions. The location of
Planning Commission
20 Hill Street—Garage Variance
September 5,2017
Page 4 of 7
the detached garage and house is considered a legal non-conforming, and all other structures on
the property meet City Ordinances.
NEIGHBORHOOD „rg
Sunset View
The plat for this area was recorded in May of 1954. -
Many of the properties in this neighborhood were
constructed before the city was incorporated and the = _ 't
passage of the initial zoning ordinance and its subsequent `�_ `
amendments have created numerous nonconforming 'c` -- :
structures. '�; t\.-' ��
\ \ t - \ \ \ -N d
- .
4\ ,
Variances within 500 feet:* " ' �
1982-04 7420 Chanhassen Road: Denied (did not want to - ' '' y `;
extend non-conforming past amortization date)-35-foot - '\ y-"- 1
street frontage, 15-foot lake frontage, and extension of ! i
nonconforming use (rental 3-plex). ; % ���
1985-04 20 Hill Street: Approved- 24-foot front yard,
nine-foot side yard, and 5-foot structure separation5r�� , " P3Lake \11i, ,
(detached garage).
1989-10 7410 Chanhassen Road: Denied (no hardship)- 10-foot side yard setback (garage).
1999-20 40 Hill Street: Approved- 27-foot front yard setback (garage).
2005-17 7450 Chanhassen Road: Approved- five-foot side yard setback (shed).
*This list only included variances granted by the City of Chanhassen. Of the 60 homes within
500 feet, 35 are located in Eden Prairie and may be subject to variances granted by that
municipality.
ANALYSIS �.,
Front Yard Setback cf ;r..%/
-A 11. ----�- ,/
The lot contains a hill with a steep drop off and
elevation change meeting the city's definition of a ' � ,qr
bluff. This topographic feature meant that the house -
was constructed forward on the lot with a front setback _
of 25.5 feet. This same topographic feature makes it '
,�I. = I
4s
Planning Commission
20 Hill Street–Garage Variance
September 5,2017
Page 5 of 7
impractical to create additional garage space outside of the 30-foot front yard setback.
' Due to the difficulties created by the lot's
configuration and topography,the city granted 20
\ Hill Street a 24-foot front yard variance,nine-foot
side yard variance, and five-foot structure
' separation variance in 1985. The garage was
actually constructed 2.8 feet from the front lot line
'� and three feet from the side lot line;however,given
the amount of time that has passed it is the city's
\ \\ practice to treat such structures as nonconforming
�,'', uses.
The applicant is proposing to expand the
SEE v- nonconforming-detached garage by widening it
�� �� 9.00 feet and attaching it to the house. The
expanded garage would maintain the existing 2.8-
foot setback at its southwest corner and would have
an eight-foot setback at its southeast corner. The
entire garage would be located within the property's 30-foot front yard setback.
The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due
to structures being located excessively close to the road,to ensure the presence of greenspace, and
to provide sufficient driveway length to accommodate off street parking. In the case of the Sunset
view neighborhood,Hill Street was partially built outside of its designated right of way. This has
resulted in properties to the north having an abnormally large distance between the curb and front
lot line, approximately 25 feet for the ,- '. 3
it I
southwest corner of 20 Hill Street. This area of -. A fj-
public right of way creates an impression of
greenspace and scale similar to what is ti 1 r�
4104, _r_. ,
normally achieved by the front yard setback; _...–
however, if Hill Street was ever expanded or
re-centered within its right of way a large
portion of this visual buffer could be lost,as
well as the property's ability to use its
driveway for off-street parking. The existing
location and configuration of the detached
garage presents the same concerns.
Planning Commission
20 Hill Street—Garage Variance
September 5,2017
Page 6 of 7
Garage Space
E` , The property is currently served by two one-car garages, one
- ' iii
• attached and one detached. The attached garage is believed to
m ,,. lin"" ry be original to the house and is serviced by a steep driveway.
The applicant has reported that the driveway cannot be safely
navigated during snowy and wet conditions. A similar
statement was made in the 1985 variance application, and,
along with the property's topography, formed part of the
justification for allowing the construction of the detached
garage within the front-yard setback. The driveway providing
access to the attached garage has a slope of approximately 17 percent, significantly higher than the
10 percent allowed by City Code. Due to these difficulties and the 6.5-foot height of the garage
door,the owner believes this space is better used as a storeroom than a garage.
The proposed expansion to the detached garage would create a 22- r;
foot by 22.25-foot attached two-car garage with approximately 463 .��
square feet of storage space. These are reasonable dimensions for a
two-car garage. Granting the variance would allow the property
owner to have two garage stalls that could be accessed year round fi
and one"fair weather"garage stall. Most homes in Chanhassen
have at least a two-car garage, and the City Code requires that new k
homes be built with a two-car garage. aba ,
Impact on Neighborhood , oU
Sunset View is an older subdivision. Of the 13 existing lots, five have applied for variances,three of
which were granted. Within the Hill Street area,three of the five houses accessing the north side of
the street have structures located within the required front yard setback.
The proposed expansion would remove the
____�--t existing visual gap between the house and
`------, ,-- the garage. While this will increase the
1 1 1 ' apparent mass of the house, staff does not I
1 M believe this will create a sense of scale
.,....,..u... , .. .,.,a , ..F,Y , significantly different than is created by
7,..:,F,,,,,, other structures on the north side of Hill
Street.
SUMMARY
The applicant wishes to expand their existing non-conforming detached garage within the front-
yard setback. The applicant has stated that the extra garage space is necessary because the
existing attached garage is unusable during the winter months and they have three children
Planning Commission
20 Hill Street—Garage Variance
September 5,2017
Page 7 of 7
approaching driving age. The property's topography makes the construction of additional garage
space outside of the property's front-yard setback impractical, and the proposed size of the
garage is reasonable. The expansion will increase the visual mass of the house,but is not to an
extent that is out of character or atypical for the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission approve the variance request to allow the
conversion of a nonconforming-detached garage to an attached garage via a nine-foot eight-inch
wide expansion within the required front yard setback, subject to the conditions of approval and
adopts the attached findings of Facts and Decisions:
1. The applicant must apply for and receive a building permit.
2. The structure must comply with the Minnesota State Building Code.
3. The closest point of the expanded garage must be at least 2.8 feet from the front lot
line.
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:
"The Chanhassen Board of Appeals and Adjustments denies the variance request to allow the
conversion of a nonconforming-detached garage to an attached garage via a nine-foot eight-inch
wide expansion within the required front yard setback, subject to the conditions of approval 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. Email from Steve Sather
5. Public Hearing Notice Mailing List
6. Variance Document
G:\PLAN\2017 Planning Cases\17-18 20 Hill Street\Staff Report-20 Hill Street_PC.doc
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Sather Design/Build on behalf of Steven and Beth McAuley for variance to
convert a nonconforming-detached garage to an attached garage via a nine-foot eight-inch wide
expansion in the required front yard setback on a property zoned Single Family Residential
District(RSF)-Planning Case 2017-18.
On September 5, 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 12, Block 1, Sunset View
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 requires that every house has a two-car garage in order to
ensure that homes have an adequate amount of off street parking. One of the property's
current garage spaces is unusable for a portion of the year. Granting a variance for the
construction of a two-car garage on the property is consistent with the intent of Chapter
20 and the comprehensive plan.
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 location of the house on the parcel and topographic features of the parcel
make it impractical to locate a garage outside of the property's front yard setback. The
size of the proposed garage and desire for additional garage space is reasonable.
1
1
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for additional garage space 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 property is located in an older subdivision and the house was constructed
before the city was incorporated. The house's location within 30 feet of the front lot line
is the result of the lot's topographic features. These same topographic features have
created the steep driveway which renders the attached garage unusable during the winter
and prevent the homeowner from constructing two-car garage in a location permitted by
City Code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Three out of the five houses on the north side of Hill Street have structures
located with the required front yard setback, and three properties within the Sunset View
subdivision have received setback variances. Converting the existing detached garage
into an attached garage within the front yard setback will not impact the essential
character of the locality
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#2017-18, dated September 5, 2017,prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a variance request to
allow the conversion of a nonconforming-detached garage to an attached garage via a nine-foot
eight-inch wide expansion within the required front yard setback, subject to the following
conditions:
1. The applicant must apply for and receive a building permit.
2. The structure must comply with the Minnesota State Building Code.
3. The closest point of the expanded garage must be at least 2.8 feet from the front lot
line.
ADOPTED by the Chanhassen Planning Commission this 5th day of September, 2017.
CITY OF CHANHASSEN
BY:
Chairman
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIED)
IN RE:
Application of Sather Design/Build on behalf of Steven and Beth McAuley for variance to
convert a nonconforming-detached garage to an attached garage via a nine-foot eight-inch wide
expansion in the required front yard setback on a property zoned Single Family Residential
District (RSF)-Planning Case 2017-18.
On September 5, 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 12,Block 1, Sunset View
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 requires that houses zoned RSF maintain a 30-foot front yard
setback in order to provide for greenspace and also allow for a driveway which can
provide off street parking. Allowing the homeowner to expand the existing
nonconforming detached garage would reduce the amount of greenspace in the property's
front yard and lead to an extremely short driveway incapable of providing off street
parking in the event that Hill Street was expanded or relocated to occupy more of its right
of way.
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.
1
Finding: The property has two existing single car garages which provide a functional
equivalent to a two-car garage. The city's ordinance establishes a two-car garage as the
required minimum for a residential property.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for additional garage space 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 property is located in an older subdivision and the house was constructed
before the city was incorporated. The house's location within 30 feet of the front lot line
is the result of the lot's topographic features.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Three out of the five houses on the north side of Hill Street have structures
located with the required front yard setback, and three properties within the Sunset View
subdivision have received setback variances. Converting the existing detached garage
into an attached garage within the front yard setback will not impact the essential
character of the locality
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#2017-18, dated September 5, 2017,prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments denied a variance request to allow
the conversion of a nonconforming-detached garage to an attached garage via a nine-foot eight-
inch wide expansion within the required front yard setback.
ADOPTED by the Chanhassen Planning Commission this 5th day of September, 2017.
CITY OF CHANHASSEN
BY:
Chairman
2
I
__ _— — _ rn vJ j
( COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division –7700 Market Boulevard
!! �f�:
Mailing Address– P.O. Box 147, Chanhassen, MN 55317 '._
Phone: (952)227-13001 Fax: (952)227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: 1 I i PC Date: -( /s 111- CC Date: -J/?s Jo60-Day Review Date: I C 1 I 4 I i i
�'"
Section 1: Application Type(check all that apply) 1
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment $600 ❑ Subdivision (SUB)
El Minor MUSA line for failing on-site sewers $100 ❑ Create 3 lots or less $300
❑ Create over 3 lots $600+ $15 per lot
El Conditional Use Permit(CUP) ( lots)
❑ Single-Family Residence $325
EI All Others $425 ❑ Metes& Bounds(2 lots) $300
❑ Consolidate Lots $150
❑ Lot Line Adjustment $150
❑ Interim Use Permit(IUP) ❑ 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
❑ Rezoning (REZ) through the development contract.
❑ Planned Unit Development(PUD) $750 El Vacation of Easements/Right-of-way(VAC) $300
❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply)
❑ All Others $500
W Variance (VAR) $200
❑ Sign Plan Review $150
❑ Wetland Alteration Permit(WAP)
❑ Site Plan Review(SPR) ❑ Single-Family Residence $150
❑ Administrative $100 ❑ All Others $275
❑ Commercial/Industrial Districts* $500 ❑ Zoning Appeal $100
Plus$10 per 1,000 square feet of building area:
( thousand square feet)
"Include number of existing employees: EI Ordinance Amendment(ZOA) $500
*Include number of new employees:
❑ Residential Districts $500 NOTE: When multiple applications are processed concurrently,
Plus$5 per dwelling unit( units) the appropriate fee shall be charged for each application.
Notification Sign (City to install and remove) $200
i
❑ Property Owners' List within 500' (City to generate after pre-application meeting) $3 per address
( addresses)
[ ' Escrow for Recording Documents(check all that apply) $50 per document
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
❑ Vacation ❑ Variance ❑ Wetland Alteration Permit
❑ Metes& Bounds Subdivision (3 docs.) ❑ Easements( easements)
TOTAL FEE: i
Section 2: Required Information
Description of Proposal: pop Clr¢,n x2z,3,,i.T'o % 1cri,)L 6,714,l cl' =o, ri,,h/c!T,r:.4j%,,,, ( irzfi
Property Address or Location: .2 c' ///Lt-
Parcel#: 0-S Pi/0010 Co Legal Description: /e'T /2 &Z,pc/4 I , �dJ —L>;�cL> �;r4/7 irk Goy,v;(! /110
Total Acreage: ,qc Wetlands Present? ❑Yes ["No / 1
Present Zoning: Select L1ne Vii;+2G t,� j---;/,-;/� �;,,>%Ii7?d , i"rj��equested Zoning: Selcct-One i(.' ,
Present Land Use Designation: Select One ! Requested Land Use Designation: Sele�iBne /o)>r
I
Existing Use of Property: 6n:cJ jr),tthy %ic,,;al ;,j( 'Ilii_:
[Check box if separate narrative is attached. t e� . cri\ . ''N1fts�
fAiOSSEN PLANNING nr
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
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. 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: ' /4-7-7b9/4_,. h 6--,-/e..".//2, ii L') 7-toG Contact: <77 /;7///'l
Address: /Olt / oat.)/;;,/ /.vr?q Phone: jr-7=;-.2 - .2q -7C v c>
City/State/Zip: /7—,01,`/,_) /7//?ii)fi /14/.' ( <" 5 7 Cell: %/2.
Email: _<T[ /r /1, Dh �'`�� Fax: - 9L D
Signature: 4 y �7"/;v S/l rDate: ccy y7,i/f
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: .577 G % S/5771-- Z144.4 1_22.l.V Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
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:
El Property Owner Via: ❑ Email ® Mailed Paper Copy Name:
Er Applicant Via: [] Email ❑Mailed Paper Copy Address:
❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select to save a copy to your
device. and deliver to city along with required documents and payment. to send a digital
copy to the city for processing.
SAVE FORM PRINT FORM SUBMIT FORM
.0
Sather Design/Build, Inc.
GENERAL CONTRACTORS*CONSULTANTS
August 3,2017
City of Chanhassen
P.O. Box 147
Chanhassen,MN
Community Development Department
Variance Application
Written justification;
6a
The request is in harmony with the general purposes and intent of this chapter
6b
The practical difficulties include the lot configuration making a reasonable garage that would conform with
setbacks impossible. The request to create a two car garage is reasonable and a property right possessed
by others. The family has three children approaching driving age and will need an additional off street
parking space for another car. Hill street is"tight"in this area and the driveway is short and would not
accommodate an outdoor parking pad or off street parking.
6c
There are no economic considerations.
6d
The landowner did not site this home and the only option to add an additional garage stall is the one
proposed by this variance request. The original home location(close to Hill Street)was due to the unique
configuration of the lot.
6e
Granting the variance will not alter the essential character of the locality,rather;it will improve the
appearance of this home and the area. Note,Hill Street has a unique character that"feels"like a lakeside
cottage neighborhood.
•
10432 Purdey Road—Eden Prairie,MN 55347
952/829-7600—Fax 952/829-9080
Waiters, MacKenzie
From: Steve Sather <steve@satherdb.com>
Sent: Thursday, August 03, 2017 5:15 PM
To: Walters, MacKenzie
Subject: 20 Hill Street
Follow Up Flag: Follow up
Flag Status: Flagged
MacKenzie,the tuck under garage door is 9'wide by 6'6"ht(interior space is 11'wide). The height of door is one problem, the
driveway is so steep that if there is snow or ice(anything melting at top runs down and glazes over the drive)it is not possible to get
out,moreover;the homeowner has slid into the house entering during wet or icy conditions. While the space is technically a garage it is
better used as a storeroom. Hopefully;yourself or other staff can make a site visit and observe the situation.
Thanks for your help and time.
Steve
1
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
August 24, 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 a request
for a variance for a garage addition within the front yard setback on property zoned Single
Family Residential (RSF) and located at 20 Hill Street. 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.
iii ,V 1 � , � _ _ A-
Kim Meuwissen, Deput Clerk
Subscribed and sworn to before me
this L(( day of , 2017.
1;N JENNIFER ANN POTTER
Notary Public-Minnesota
My Commission Expires Jan 31,2020
( No ry Public
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CITY OF CHANHASSEN
CARVER COUNTY,MINNESOTA
VARIANCE 2017-18
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 the variance request to allow
the conversion of a nonconforming-detached garage to an attached garage via a nine-foot
eight-inch wide expansion within the required front yard setback.
2. Property. The variance is for a property situated in the City of Chanhassen,Carver County,
Minnesota,and legally described as Lot 12,Block 1, Sunset View.
3. Conditions.The variance approval is subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. The structure must comply with the Minnesota State Building Code.
3. The closest point of the expanded garage must be at least 2.8 feet from the front lot
line.
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.
1
Dated: September 5, 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