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
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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.
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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. 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.
2. One tree will be required to be planted in the front yard if no tree is present at the end of
construction.
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