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PC Staff Report 9-3-19PLANNING COMMISSION STAFF REPORT Tuesday, September 3, 2019 Subject Consider a Request for a Front Yard Setback and Lot Cover Variance to Construct an Attached Garage on Property located at 3713 South Cedar Drive Section PUBLIC HEARINGS Item No: C.3. Prepared By MacKenzie Young­Walters, Associate Planner File No: Planning Case No. 2019­10 PROPOSED MOTION: The Chanhassen Board of Appeals and Adjustments approves a 5­foot front yard setback variance and a 1.83 percent lot cover variance for the construction of an attached garage, subject to the Conditions of Approval; and adopts the attached Findings of Facts and Decision. SUMMARY OF REQUEST The applicant is proposing to remove an existing detached one­stall garage and concrete patio area and replace with an attached two­car garage. The existing garage is located approximately 8.2 feet from the front lot line and the property currently has a non­conforming lot cover of 29.43%. The proposed project would increase the front setback to 25 feet and reduce the lot cover to 26.83%. A variance is required due to the fact that the project increases the width of the structure within the front yard setback. The applicant’s proposed project modernizes the property while reducing the existing non­conformities and avoiding the creation of new variances. Staff believes that the applicant has reduced the amount of lot cover as much as is reasonable, and that the proposed addition and two­car garage appropriately balance updating the property with minimizing the required front yard variance. The proposal results in a more modern home with an updated façade, increased front yard green space, additional garage and storage space, and reduced non­conformities. (A full breakdown and analysis of the variance request can be found in the attached staff report.) APPLICANT Susan and Larry Nowlin, 3713 South Cedar Drive, Excelsior, MN 55331 SITE INFORMATION PRESENT ZONING:  Single­Family Residential (RSF) LAND USE:Residential Low Density PLANNING COMMISSION STAFFREPORTTuesday, September 3, 2019SubjectConsider a Request for a Front Yard Setback and Lot Cover Variance to Construct an AttachedGarage on Property located at 3713 South Cedar DriveSectionPUBLIC HEARINGS Item No: C.3.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2019­10PROPOSED MOTION:The Chanhassen Board of Appeals and Adjustments approves a 5­foot front yard setback variance and a 1.83percent lot cover variance for the construction of an attached garage, subject to the Conditions of Approval; andadopts the attached Findings of Facts and Decision.SUMMARY OF REQUESTThe applicant is proposing to remove an existing detached one­stall garage and concrete patio area and replace with anattached two­car garage. The existing garage is located approximately 8.2 feet from the front lot line and the propertycurrently has a non­conforming lot cover of 29.43%. The proposed project would increase the front setback to 25 feetand reduce the lot cover to 26.83%. A variance is required due to the fact that the project increases the width of thestructure within the front yard setback.The applicant’s proposed project modernizes the property while reducing the existing non­conformities and avoidingthe creation of new variances. Staff believes that the applicant has reduced the amount of lot cover as much as isreasonable, and that the proposed addition and two­car garage appropriately balance updating the property withminimizing the required front yard variance. The proposal results in a more modern home with an updated façade,increased front yard green space, additional garage and storage space, and reduced non­conformities.(A full breakdown and analysis of the variance request can be found in the attached staff report.)APPLICANTSusan and Larry Nowlin, 3713 South Cedar Drive, Excelsior, MN 55331SITE INFORMATIONPRESENT ZONING:  Single­Family Residential (RSF) LAND USE:Residential Low Density ACREAGE:  .23 acres  DENSITY:  NA  BACKGROUND In 1985, the city granted a variance for the relocation of a detached one­car garage from a nearby property to 3713 South Cedar Drive with a 15­foot front yard setback. On October 16, 1985, the city issued a permit for the relocation of the detached garage. The attached survey indicates a 15­foot front yard setback; however, the garage was actually placed 8.2 feet from the road. On July 12, 2019, the applicant began working with city staff to determine if an addition and attached two­car garage would be feasible. RECOMMENDATION Staff recommends that the Planning Commission approve the 5­foot front yard setback variance and 1.83 percent lot cover variance, subject to the Conditions of Approval; and adopts the attached Findings of Facts and Decision: 1. The applicant must apply for an receive a building permit. 2. The applicant must apply for an receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right­of­way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6 inches dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed.  All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. ATTACHMENTS: Staff Report Findings of Fact and Decision Approval Findings of Fact and Decision Denial Variance Document Development Review Application Narrative Survey House Plan Sheets Engineering Memo Landscaping Memo Email Comments CITY OF CHANHASSEN PC DATE: September 3, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 1, 2019 CASE #: 2019-11 BY: MW SUMMARY OF REQUEST The applicant is proposing to replace an existing detached one stall garage and concrete patio area with an attached two-car garage. The existing garage is located approximately 8.2 feet from the front lot line and the property currently has a non-conforming lot cover of 29.43%. The proposed project would increase the front setback to 25 feet and reduce the lot cover to 26.83%. A variance is required due to the fact that project increases the width of the structure within the front yard setback. LOCATION: 3713 South Cedar Drive (PID 256600440) OWNER: Susan and Larry Nowlin 3713 South Cedar Drive Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .23 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 Board of Appeals and Adjustments approves a 5-foot front yard setback variance and a 1.83 percent lot cover variance for the construction of an attached garage, 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.) Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 2 of 8 PROPOSAL/SUMMARY The existing home was built in 1974 without a garage. In 1985, a 15-foot front yard setback variance was granted to allow for an oversized one-car garage from a nearby property to be relocated onto this property. When the garage was moved, it was situated approximately 8.2 feet from the front lot line, even though the variance required it to be setback 15 feet. Previous owners added a concrete pad between the home and garage as well as a patio area under the deck resulting in a non- conforming 29.43 percent lot cover. The current owners bought the property in June of 2019 and are undertaking efforts to modernize and upgrade the home. Part of the proposed upgrades involves expanding the master bedroom and replacing the existing detached garage with a two-car attached garage. The applicant initially proposed a larger footprint garage and bedroom expansion, which would have required a variance from the property’s side yard setback. After consulting with staff, they chose to redesign their project to minimize the variances required and to significantly reduce the property’s non-conforming lot cover. The proposed addition and two-car garage would require a 5-foot front yard setback variance and a 1.83 percent lot cover variance. Since the property currently has a structure 8.2 feet from the front lot line, the equivalent of a 21.8 foot front yard setback variance, and 29.43 percent lot cover, the equivalent of a 4.43 percent lot cover variance, the applicant feels that their proposal significantly reduces the extent of the current non-conformity. Additionally, they note that the City Code requires single-family homes to have a two-car garage and that their proposal would significantly increase the property’s driveway length and ability to provide off street parking. Finally, they state that the location of the house on the lot prevents the construction of a two-car Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 3 of 8 garage that meets the 30-foot front yard setback, similarly the lot’s substandard size means it is not possible to construct a two-car garage with an adequate driveway while remaining under the 25 percent lot cover limit. 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, Non-conforming Uses Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, “RSF” Single-Family Residential District Section 20-615. Lot Requirements and Setbacks. BACKGROUND County records indicate that the house was built in 1974. In 1985, the city granted a variance for the relocation of a detached one-car garage from a nearby property to 3713 South Cedar Drive with a 15’ front yard setback. On October 16, 1985, the city issued a permit for the relocation of the detached garage. The attached survey indicates a 15’ front yard setback; however, the garage was actually placed 8.2’ from the road. On July 12, 2019, the applicant began working with city staff to determine if an addition and attached two-car garage would be feasible. SITE CONDITIONS The property is zoned Single-Family Residential District and is located within the city’s Shoreland Management District. This zoning classification requires lots to be a minimum of 20,000 square feet, have front and rear yard setbacks of 30 feet, setbacks of 75 feet from the lake’s ordinary high water level, side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot cover. Residential structures are limited to 35 feet in height. The lot is 9,545 square feet, and has 2,809 square feet of lot cover. The detached garage has a non-conforming 8.2 foot front yard setback and the southeast corner of the house has a non- conforming 9.5 foot side yard setback, but the house and rear deck comply with the district’s other setbacks. Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 4 of 8 NEIGHBORHOOD Red Cedar Point at Lake Minnewashta The plat for this area was recorded in August of 1913. Over the subsequent century, the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Additionally, the neighborhood’s roads were not always constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of these roads being located within residents’ property lines. Very few properties in the area meet the requirements of the city’s zoning code, and most properties either are non-conforming uses or are operating under a variance. Variances within 500 feet: 1978-07 3637 South Cedar Drive: Approved - 19’ front setback (garage) 1980-08 3629 Red Cedar Point Road: Approved - 12’ front setback, 3’ foot side setback, +1.5’ side setback for (chimney), 20’ lot width, 40’ lot frontage, 13,000 square foot lot area (house) 1984-02 7201 Juniper Avenue: Approved - 8.66’ front setback (addition) 1984-17 3725 South Cedar Drive: Approved (lapsed) - 4.53’ side setback (addition) 1984-18 3707 South Cedar Drive: Approved - 20’ front setback (detached garage) 1985-20 3624 Red Cedar Point Road: Approved - 1.2’ front setback, 4.8’ side setback (detached garage) 1985-26 3713 South Cedar Drive: Approved - 15’ front setback (detached garage) 1985-27 3701 South Cedar Drive: Approved - 5’ front setback 35’ lake setback (house) 1987-13 3629 Red Cedar Point Road: Approved - 12’ front, 3’ side (house) Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 5 of 8 1987-15 3725 South Cedar Drive: Approved - 4.53’ side setback (addition) 1991-04 3727 South Cedar Drive: Approved - 79’ lot frontage (house) 1996-04 3705 South Cedar Drive: Approved - 3’ side setback, 31’ lake setback, 50% lot cover (house) 1998-07 7201 Juniper Avenue: Approved - 11.5’ front setback (addition) 2002-05 3628 Hickory Road: Approved - 13’ front setback (Hickory), 2’ front setback (Red Cedar Point), 5’ setback (detached garage) 2004-07 3637 South Cedar Drive: Approved - 19.25’ front setback, 4’ lake setback, 40% lot cover (addition) 2006-04 3633 South Cedar Drive: Approved - 22.5’ front setback, 15.8’ front setback, 2.39% lot cover (garage) 2008-04 3637 South Cedar Drive: Approved - 20.2’ front setback, 8’ side setback (home) 2015-07 3701 South Cedar Drive: Approved - increase existing non-conformity (enclose deck 15’ in lake setback) 2016-11 3627 Red Cedar Point Road: Approved - 13.6’ lake setback, 4.8% LC (home) 2017-09 3622 Red Cedar Point Road: Approved - Intensify non-conforming by raising garage in side yard setback (garage) ANALYSIS Front Yard Setback The property currently has a 16-foot by 22-foot detached garage setback 8.2 feet from the front property line. The applicant is proposing to remove this garage and replace it with a 21-foot wide attached garage setback 25 feet from the front line. The property also has a wide driveway that extends from the eastern edge of the garage to the west lot line. The portion of this paved area west of the garage extends back approximately 16 feet. The applicant’s proposal would remove this paved surface and replace it with a more typical 16-foot by 26-foot driveway. The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due to structures being Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 6 of 8 located excessively close to the road, to ensure the presence of greenspace, and to provide sufficient driveway length to accommodate off street parking. The proposed project would replace a largely paved and covered front yard that feels like an extension of the street with a traditionally configured driveway flanked by lawn. This combined with increasing the front setback by 16.8 feet will create more of a feeling of separation between the residence and the right-of-way. Finally, replacing the existing parking pad, which can provide off street parking for two cars, with a 16-foot by 26-foot driveway, which can also accommodate two cars, will not result in the loss of any off street parking capacity. Replacing the existing one-car garage with a two-car garage will allow the homeowners to store both vehicles in an enclosed environment and free up the outdoor parking spaces for use by guests. For these reasons staff supports the proposed 5-foot front yard setback variance. Lot Coverage The city requires a minimum lot area of 20,000 square feet for riparian properties and limits these properties to 25 percent lot coverage. The applicant’s lot is substandard with a lot area of 9,545 square feet. The property currently has a lot coverage of 29.43 percent, or 2,809 square feet. When owners propose improvements to properties that have non-conforming lot coverage, the policy is that the existing nonconformity must be reduced; however, there is no formal rule stating how much of a reduction must occur. In this case, the applicants are proposing reducing the lot cover to 26.83 percent, or 2,561 square feet. Reducing the property’s lot cover by 2.6 percent, or 248 square feet, represents a meaningful attempt to minimize the property’s impervious surface. In order to achieve this reduction, the applicant is removing a portion of driveway that currently extends to the western lot line and is confining their addition to areas currently covered by a concrete patio or the existing one car garage, as well as utilizing a relatively modest 16-foot wide driveway. Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 7 of 8 The applicant’s proposed lot cover is confined to the footprint of the home and garage, the driveway, a walkway, and a 179 square foot rear patio located under the deck. Staff does not believe that any of these features are unreasonably large, and recognizes that 2,561 square feet of impervious surface is in absolute terms significantly less than what is allowed on most properties in the city. For example, a lot meeting the single-family residential district’s 15,000 square foot minimum lot size would permit 3,750 square feet of impervious surface. For these reasons staff supports the requested 1.83 percent lot cover variance. Impact on Neighborhood Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are non- conforming uses, and 20 variances have been given to the 33 properties within 500 feet of 3713 South Cedar Drive. Of those 20 variances, 13 variances were for a reduced front yard setback and four variances were for increased lot cover. Many of the surrounding properties have non- conforming front yard setbacks and lot coverage. Existing Proposed The applicant’s proposal will not negatively impact the existing neighborhood aesthetic, and replacing the existing detached garage with a more setback attached garage will improve the property’s cub appeal. Overall, the proposal matches the general character of the neighborhood and the proposed house façade is similar to what has been constructed on other similarly narrow lots in the area. SUMMARY The applicant’s proposed project modernizes the property while reducing the existing non- conformities and avoiding the creation of new variances. Staff believes that the applicant has reduced the amount of lot cover as much as is reasonable, and that the proposed addition and two-car garage appropriately balance updating the property with minimizing the required front Planning Commission 3713 South Cedar Drive – Planning Case 2019-11 September 3, 2019 Page 8 of 8 yard variance. The proposal results in a more modern home with an updated façade, increased front yard greenspace, additional garage and storage space, and reduced non-conformities. RECOMMENDATION Staff recommends that the Planning Commission approve the 5-foot front yard setback variance and 1.83 percent lot cover variance, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6” dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. Should the Planning Commission deny the variance request, 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 5-foot front yard setback variance and 1.83 percent lot cover variance for the construction of an attached garage, and adopts the attached Findings of Facts and Decision.” ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Variance Document 4. Development Review Application and Narrative 5. Survey 6. House Plan Sheets 7. Engineering Memo 8. Landscaping Memo 9. Resident Emails G:\PLAN\2019 Planning Cases\19-11 3713 South Cedar Drive VAR\Staff Report-3713 South Cedar Drive_PC.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Susan and Larry Nowlin for a 5-foot front yard setback and a 1.83 percent lot coverage variance on a property zoned Single-Family Residential District (RSF) - Planning Case 2019-11. On September 3, 2019, 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 26, Block 4, Red Cedar Point Lake Minnewashta 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 intent of the city’s shoreland management ordinance is to protect the city’s aquatic resources by establishing a minimum lot size of 20,000 square feet and a maximum lot coverage of 25 percent. These two requirements are designed to work together to allow property owners sufficient lot cover to construct a reasonably sized house and accessory structures while preventing excessive development that could generate unnecessary runoff capable of degrading the lake. In this case, the applicant’s small lot size means the 25 percent lot cover standard does not allow for a reasonable minimum amount of lot cover. Allowing a modest 1.83 percent lot cover variance to facilitate the construction of a two-car garage on a property that is not overbuilt is constant with the intent of the shoreland management ordinance. 2 Additionally, the home has a non-conforming lot cover of 29.43 percent. Under the city’s non-conforming use ordinance the applicant would be entitled to continue the existing non-conformity and the ordinance allows non-conforming uses to be modified or improved so long as the non-conformity is not expanded. Since the applicant is proposing to reduce the property’s lot cover to 26.83 percent, the variance is consistent with the intent of the Chapter. The city’s zoning code requires a minimum front yard setback of 30 feet 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. The applicant’s proposal would increase the property’s front yard setback from 8.2 feet to 25 feet, would replace the largely paved front yard with a lawn, and would increase the amount of off street parking on the property. The proposed front yard setback represents a significant reduction to the existing non-conformity and is consistent with the intent of the 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: A two-car garage is a reasonable use for a single-family home. In this case, the lots substandard size and pre-existing home placement means that it is not possible for a two-car garage to be placed on the property without a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely 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 existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The lot’s substandard size and pre- existing house placement means that a two-car garage cannot be situated on the lot without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city’s oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are non-conforming uses. The proposed addition and two-car garage will not alter the essential character of the locality, and will increase the visual appeal of the property. 3 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 #2019-11, dated September 3, 2019, prepared by MacKenzie Young- Walters, is incorporated herein. DECISION “The Chanhassen Board of Appeals and Adjustments approves a variance request to allow a 5-foot front yard setback variance and a 1.83 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6” dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019. CITY OF CHANHASSEN BY: Steven Weick, Chairman g:\plan\2019 planning cases\19-11 3713 south cedar drive var\findings of fact and decision 3713 south cedar drive (approval).doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Susan and Larry Nowlin for a 5-foot front yard setback and a 1.83 percent lot coverage variance on a property zoned Single-Family Residential District (RSF) - Planning Case 2019-11. On September 3, 2019, 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 26, Block 4, Red Cedar Point Lake Minnewashta 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 zoning code’s shoreland overlay district was enacted to protect the city’s aquatic resources. Allowing the applicant to exceed the district’s 25 percent lot coverage limit increases the amount of runoff that will be directed to Lake Minnewashta and is contrary to the intent of the ordinance. The City Code allows owners to improve their properties in ways that reduce an existing non-conformity. Increasing the width of the structure located within the front yard setback exacerbates the visual impact of the existing non-conforming front yard setback and is contrary to the intent of the ordinance. 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 2 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: A two-car garage is a reasonable use for a single-family home; however, the house could be remodeled or relocated on the property to allow for the construction of a two-car garage without a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely 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 pre-existing house placement prevents the proposed garage from meeting the front yard setback. Where the house to be removed or remodeled, a design could be found that met the required setback. Similarly, a smaller footprint home would allow the property to meet the required lot cover limit. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city’s oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are non-conforming uses. The proposed addition and two-car garage will not alter the essential character of the locality, and will increase the visual appeal of the property. 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 #2019-11, dated September 3, 2019, prepared by MacKenzie Young- Walters, is incorporated herein. 3 DECISION “The Chanhassen Board of Appeals and Adjustments denies a variance request to allow a 5-foot front yard setback variance and a 1.83 percent lot coverage variance.” ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019. CITY OF CHANHASSEN BY: Steven Weick, Chairman g:\plan\2019 planning cases\19-11 3713 south cedar drive var\findings of fact and decision 3713 south cedar drive (denied).doc 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-11 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 5-foot front yard setback variance and a 1.83 percent lot coverage variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 26, Block 4, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6” dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. 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. 2 Dated: September 3, 2019 CITY OF CHANHASSEN BY: (SEAL) Elise Ryan, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2019 by Elise Ryan, 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 g:\plan\2019 planning cases\19-03 3617 red cedar point road\variance document 19-03.doc pc 34.;icy - I I 1 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OF CIIANIIASSENMailingAddress— P.O. Box 147, Chanhassen, MN 55317 lillfPhone: (952) 227-1300/ Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date' \ `• \ 1`-1 PC Date: 1 13 I (moi CC Date: D- ,1 60-Day Review Date: `C.. i I ICI 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) El Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300 Create over 3 lots 600 + $15 per lot Conditional Use Permit (CUP)lots) El Single-Family Residence 325 Metes & Bounds (2 lots) 300 El All Others 425 Consolidate Lots 150 Interim Use Permit(IUP) El Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 Final Plat 700 Includes $450 escrow for attorney costs)*All Others 425 Additional escrow may be required for other applications through the development contract. El 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) El All Others 500 111 Variance (VAR) 200 Sign Plan Review 150 Wetland Alteration Permit (WAP) Site Plan Review (SPR) Single-Family Residence 150 El Administrative 100 El All Others 275 Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Include number of existing employees: Zoning Ordinance Amendment (ZOA) 500 Include number of new employees: El 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 E] Property Owners' List within 500' (City to generate after pre-application meeting)3 per address 32 addresses) El Escrow for Recording Documents (check all that apply)50 per document El Conditional Use Permit El Interim Use Permit El Site Plan Agreement El Vacation E Variance El Wetland Alteration Permit ElMetes & Bounds Subdivision (3 docs.)Easements ( easements) Deeds p?r.. TOTAL FEE: $50.00 '' Section 2: Required Information 1 Description of Proposal: Property Address or Location: 3713 South Cedar Drive Parcel #: 25.6600440 Legal Description: lot 26/27 except westerly 30 feet thereof.Block 4, Red Cedar Point Total Acreage: Wetlands Present? El Yes 0 No Present Zoning: Select One Requested Zoning: Select One Present Land Use Designation: Residential Low DensQ Requested Land Use Designation: Residential Low Density1 Existing Use of Property: residential single family home O Check box if 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 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: 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: Susan and Larry Nowlin Contact:Susan Nowlin 3713 South Cedar DriveAddress: Phone: City/State/Zip: Excelsior, MN 55331 Cell: 651) 235-6202 Email:susan@pecosconsulti .com Fax: Signature: LOo n Date: 8/2/19 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: O Property Owner Via: 0 Email Mailed Paper Copy Name: O Applicant Via: 0 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 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. SAVE FORM PRINT FORM]SUBMIT FORM VARIANCE APPLICATION FOR 3713 SOUTH CEDAR DRIVE, EXCELSIOR MN 55331 In June of 2019 we purchased 3713 South Cedar Drive, Excelsior MN. The lot is a non-conforming, sub standard lot with a current home and non-conforming single car garage that is in tough shape. We are doing everything we can to remodel/upgrade the home and garage to modern standards. We originally had plans for a more substantial remodel that would have required a side variance for an attached garage. After consulting with McKenzie Walters we learned that was not an appropriate way to go and would further compromise the land vs improve. We worked closely with McKenzie and our architect on a revised plan that reduced the size of the remodel, eliminated the need for any side variance, and allows us to have a small but adequate attached two-car garage. We plan to remove the non-conforming, single car detached garage that is 8.5 feet from the property line and replace this with a two car attached garage. The new garage would be approximately 27.5 feet back from the property line. This significantly reduces the current non-conformity of the single car garage and brings the new garage up to code. Our plan works within the current hardcover requirements and may ultimately reduce the amount of impervious concrete. This plan also allows for a driveway that is long enough for cars to park safely off the road. Due to the length and width of our sub standard lot we cannot get the garage back the full 30 feet. The central character of the neighborhood is non-conforming so this variance would not compromise the neighborhood in any way. P b.. 0 EP rt. I t Z 10i:1 I> n j 46 I I O o nIli I t== p Imo, II uZ lF- _- m O fi O S IIIIII 1 ii/m N CH O i u lig:. A 1'. z l xi a n,:i P ino ii2 lu oo> ELLL=w a it E N ti t p p o- a. m _ o Z Lt A nz N. 0 y e•r.a 3 u i N N 4. v O Ing,. re N-- x I3 uN p u ir> p w d 1^ N C 7/ n l 4. 1,-.- l N I I Will,' e O N e c Hart's Design o Nowlin Residence n Ni : New Home & Remodeling Design 37I 5. Gedar Pr. 952 - 828 - 9906 Excelsior, MN O Eden Prairie, MN 5546 Hart,PesigneComcest.net P 90'-9• Iy 4'-O" 44 1'-10" 10'-2" 2'10" N N N_132 N \ N \t l V n yam\ I o' 81 7,1 a0 ''.4c, 7,7 g. '" E.'O O N nM w4c \ L" I 40 Ziz 1\ I3 % I Io lei I `t1 \\ I e iN O p I I I CR5 6"CMD 3 EOu ( II CR5 0"CMD p y" 0" 16"CONC.ri65. ri QOM W/04 [CDA[ 0 Q I :Inc? I r, Irb e I ^J"i -1---v 000 I I r r-iu \ I 4 iO \. a IN vi li \ 41 o y I\ n iii d. \ r{5.-p„N g NOW cur JC%1511N6 ANDA11ON a e ax_ owi exlsnN6 t E+ z C%15fING r[AMCD WALL FLOOR 41116 t^ VCRIrY INS IL., E% 07O \ 0-Of** _ APPLY 4 MIL.V.P. >u Y p Q yam:31- a^ Ft a a v2"(VP. II aqw- o t:Ilu lar.5* EuMf ^ 0 ^f 2;zwN > a O{r.:MW - Q'u-- i Otlu *E2zcLINCellii0 ~ O tilt i u • V 0 t"-' iel ^Oi +M2AZ N M N N Ey va ^ vt z = u0 - o OEz i^ Mur e i^ 12`6° O .O r""" ^ i il M > Cy w N w w N 7A....-5 ava , M S' I OMP+ D vI i u 1 e j''•: ei Mp// a• O Z , 96"VANITY MO ;\ : i e:0= i i a r= N 3 9'-4" .1.9'-q• 1p-0"1, 9'-10" 4'-1" .I,T U 7.u y, IY 7.11.5+1 ,.-e„ f'-I"z s NY ^ N O :wF u u 1 E. Ciivizn 2 o i w f E. y ; jI _ zz >maim 5 o v 9 s a O < i z 6 t%15fIN6 PCARINO V 2. r f•-1. '11._10" y._0" ' Mt S O 471...X ,7Hart's Design o? Nowlin Residence a 1/41% New Home & Remodeling Design ; 71 3 5. Cedar b r. 952 - 828 - 9906 n\ Excelsior. MN eh O Eden Pr.Irls, MN 00 46 N. N.rtsPa.IgneCeree.st.net Memorandum To: MacKenzie Walters, Assistant Planner From: Erik Henricksen, Project Engineer CC: Jason Wedel, Public Works Director/City Engineer Ryan Pinkalla, Water Resources Technician Date: 8/19/2019 Re: Front Yard Setback and Lot Cover Variance at 3713 South Cedar Drive – Planning Case 2019-11 The Engineering Department has reviewed the Variance submittal for 3713 South Cedar. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the developer in the final order. Note that references to the “City Standards” herein refer to the Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all utility and transportation plans submitted with this application have been reviewed for the purpose of determining the feasibility of providing utility and transportation facilities for the project in accordance with City Standards. This recommendation of variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering Department that the proposed variance at 3713 South Cedar Drive can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The property currently has access via South Cedar Road. The applicant’s proposed driveway appears to adhere to City Ordinance Sec. 20-1122. The proposed driveway will have to be constructed in accordance with City Standards (city detail #5209). 4. The applicant is proposing to remove existing sections of bituminous driveway abutting South Cedar Drive right-of-way. All work abutting and/or impacting public right-of-way must meet City Standards. See proposed condition 1. Proposed Conditions 1. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). MEMORANDUM TO: MacKenzie Walters, Planner I FROM: Jill Sinclair, Environmental Resources Specialist DATE: September 3, 2019 SUBJ: Variance for lot cover, 3713 South Cedar Drive Staff recommends that the applicant meet ordinance requirement when applying for the building permit and show all trees within the construction limits on the survey. Any trees scheduled to be preserved will be required to be protected with tree preservation fencing. One tree will be required to be planted in the front yard if no tree is present at the end of construction. Recommendations: 1. 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