PC Staff Report 10-1-19PLANNING COMMISSION STAFF
REPORT
Tuesday, October 1, 2019
Subject Consider a Request for a Variance for Lot Cover and Front Yard Setback to Construct a Single
Family Home at 690 Carver Beach Road
Section PUBLIC HEARINGS Item No: B.1.
Prepared By MacKenzie YoungWalters, Associate
Planner
File No: Planning Case 201914
PROPOSED MOTION:
The Chanhassen Board of Appeals and Adjustments approves a 5foot front yard setback variance and a 9 percent
lot cover variance for the construction of singlefamily home, subject to the Conditions of Approval, and adopts the
attached Findings of Facts and Decision.
SUMMARY OF REQUEST
The applicant is proposing to replace an existing house and detached onestall garage with a new singlefamily home.
The home is in a state of disrepair and is of substandard size with an 865 squarefoot footprint, and the existing garage
is partially located on the neighbor’s property. The proposed project would replace these structures with a new single
family home meeting the city’s minimum size and twostall garage requirements. The proposed home would require a 5
foot front yard setback variance and 9 percent lot cover variance.
The applicant has proposed a project that replaces a derelict and substandard structure with an appropriately scaled
new home. The proposed home meets the city’s minimum requirements for singlefamily housing, and increases the
existing front yard setback and brings the property’s side yard setbacks into compliance with the city’s zoning code.
While the requested lot cover variance is significant, it is in line with previously granted variances for similarly sized
properties and the applicant is proposing a rain garden to offset some of its impact. Staff believes that the applicant’s
proposal represents a reasonably sized and configured home for the parcel in question.
A full breakdown and analysis of the variance request can be found in the attached staff report.
APPLICANT
Adam Loken 9950 10th Avenue Plymouth, MN 55441
SITE INFORMATION
PRESENT ZONING: SingleFamily Residential (RSF)
LAND USE:Residential Low Density
PLANNING COMMISSION STAFFREPORTTuesday, October 1, 2019SubjectConsider a Request for a Variance for Lot Cover and Front Yard Setback to Construct a SingleFamily Home at 690 Carver Beach RoadSectionPUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: Planning Case 201914PROPOSED MOTION:The Chanhassen Board of Appeals and Adjustments approves a 5foot front yard setback variance and a 9 percentlot cover variance for the construction of singlefamily home, subject to the Conditions of Approval, and adopts theattached Findings of Facts and Decision.SUMMARY OF REQUESTThe applicant is proposing to replace an existing house and detached onestall garage with a new singlefamily home.The home is in a state of disrepair and is of substandard size with an 865 squarefoot footprint, and the existing garageis partially located on the neighbor’s property. The proposed project would replace these structures with a new singlefamily home meeting the city’s minimum size and twostall garage requirements. The proposed home would require a 5foot front yard setback variance and 9 percent lot cover variance.The applicant has proposed a project that replaces a derelict and substandard structure with an appropriately scalednew home. The proposed home meets the city’s minimum requirements for singlefamily housing, and increases theexisting front yard setback and brings the property’s side yard setbacks into compliance with the city’s zoning code.While the requested lot cover variance is significant, it is in line with previously granted variances for similarly sizedproperties and the applicant is proposing a rain garden to offset some of its impact. Staff believes that the applicant’sproposal represents a reasonably sized and configured home for the parcel in question.A full breakdown and analysis of the variance request can be found in the attached staff report.APPLICANTAdam Loken 9950 10th Avenue Plymouth, MN 55441SITE INFORMATIONPRESENT ZONING: SingleFamily Residential (RSF)
LAND USE:Residential Low Density
ACREAGE: .13 acres
DENSITY: NA
BACKGROUND
County records indicate that the house was built in 1927. Several permits for interior and roof work are on file with the
city; however, no permits associated with building or locating the structures on the property are present.
RECOMMENDATION
Staff recommends that the Planning Commission approve the 5foot front yard setback variance and a 9 percent lot
cover variance, subject to the Conditions of Approval, and adopt 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 a demolition permit prior to removing the existing structures.
3. The applicant must apply for and receive all necessary permits from the Watershed District.
4. Construction traffic and parking cannot block emergency response road access.
5. The applicant must install a rain garden. The rain garden’s design and location must be approved by the city’s
Engineering Department.
6. Eaves may encroach up to an additional 24 inches into the required front yard setback, as shown on the
submitted plan.
7. The applicant shall resubmit the site plan which indicates the height of the retaining wall (top of wall and bottom
of wall elevations). Retaining walls shall be designed in accordance with City Code of Ordinances Sec. 20
1025.
ATTACHMENTS:
Staff Report
Findings of Fact (Approval)
Findings of Fact (Denial)
Variance Document
Development Review Application
Narrative
Survey
Redlined Survey
House Plan Sheets
Engineering Comments
Tree Preservation and Landscaping Comments
CITY OF CHANHASSEN
PC DATE: October 1, 2019
CC DATE: October 28, 2019
REVIEW DEADLINE: October 29, 2019
CASE #: 2019-14
BY: MW
SUMMARY OF REQUEST
The applicant is proposing to replace an existing
house and detached one stall garage with a new
single-family home. The home is in a state of
disrepair and is of substandard size with an 865
square foot footprint and the existing garage is
partially located on the neighbor’s property. The
proposed project would replace these structures with
a new single-family home meeting the city’s
minimum size and two-stall garage requirements.
The proposed home would require a 5-foot front yard
setback variance and 9 percent lot cover variance.
LOCATION: 690 Carver Beach Road
(PID 251602220)
OWNER: Adam Loken
9950 10th Avenue
Plymouth, MN 55441
PRESENT ZONING: RSF
2030 LAND USE PLAN: Residential Low Density
ACREAGE: .13 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
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves a 5-foot front yard setback variance
and a 9 percent lot cover variance for the construction of single-family home, 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
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 2 of 9
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The existing home was built in 1927
with a 15.3-foot front yard setback and
6.7-foot side yard setback. The property
also has a detached garage that extends
approximately 1 foot across the side
property line onto the neighboring
property. The property currently has
1,258 square feet of lot cover resulting
in 21 percent lot cover. The home has
been on the market for several years
and is currently in a state of significant
disrepair, making rehabilitation of the
existing structure impractical.
Additionally, the existing home and
garage do not meet the city’s minimum
home and garage size standards for single-family housing.
The current owner bought the property in March of 2019 and is proposing removing the existing
structures and replacing them with a new single-family home. The applicant is proposing a new
home and garage with a combined 1,400 square foot footprint that would meet the property’s
side and rear setbacks but require a 5-foot front yard setback variance and 9 percent lot cover
variance. The applicant is aware that stormwater management and lot cover are significant
concerns within the Carver Beach neighborhood and is proposing to install a rain garden in the
southern portion of the property to help offset the requested lot cover variance.
The applicant has stated that the requested variances are necessary due to the lot’s substandard
6,000 square foot lot size. The applicant has noted that it would be impossible to construct a
home meeting both the requirements for a new single-family housing and the requirements of the
Single-Family Residential (RSF) district on this lot. That being said, the applicant’s proposal
does increase the property’s front yard setback by nearly 10 feet and brings both of the side yard
setbacks into compliance. The applicant has observed that a similar variance was granted for new
construction on a neighboring property, and believes that his proposal is consistent with the
character of the neighborhood.
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 3 of 9
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.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-905, Single-Family Dwellings
BACKGROUND
County records indicate that the house was built in 1927. Several permits for interior and roof
work are on file with the city; however, no permits associated with building or locating the
structures on the property are present.
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
15,000 square feet, have front and rear yard setbacks of 30 feet, 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 6,000 square feet, and has 1,258 square feet (21 percent) lot cover. The existing house
has a non-conforming 6.7-foot side yard setback and a non-conforming 15.3-foot front yard
setback. The property also as a detached one-stall garage located partially on the neighboring
property. The existing structures meet the required rear yard setback.
NEIGHBORHOOD
Carver Beach
The plat for this area was recorded in
July of 1927 and divided the land up into
a large number of small 20-foot wide by
100-foot deep lots. Over the following
decades, many of these lots were
combined to create larger lots; however,
many of the resulting lots are still
substandard or have atypical shapes. The
plat and many of its lot combinations
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 4 of 9
predate the City of Chanhassen and since their creation, 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. The result of this is that many properties in the
area do not meet one or more of the requirements of the city’s zoning code, and a significant
number of properties are either non-conforming uses or are operating under a variance.
Variances within 500 feet:
1983-08 651 Broken Arrow: Approved - 6’ side (addition)
1986-08 620 Fox Hill Drive: Withdrawn - 5’ side setback (garage)
1988-06 6901 Yuma Drive: Approved - 7,000 sq. ft. lot size (house)
1989-5 600 Fox Hill Drive: Denied - 12’ front (deck)
1989-16 620 Fox Hill Drive: Denied - 1’1” rear setback (shed)
1991-10 685 Carver Beach Road: Approved - 15’ wetland (deck)
1993-01 6880 Lotus Trail: Approved - 10’ front Lotus and Navajo (addition)
1997-02 600 Fox Hill Drive: Approved - 3’ front setback (deck)
1998-01 6880 Lotus Trail: Withdrawn - 23’ front (porch)
2001-10 6890 Navajo Drive: Approved - 5.5’ front, 7’ side, 11% lot cover
2016-17 691 Carver Beach Road: Approved-5’ front, 18” eave (house)
ANALYSIS
Front Yard Setback
The property’s existing home is currently 15.3 feet from the front lot line. The applicant is
proposing replacing this structure with a home setback 25 from the front property line, with eaves
encroaching an addition 24”. There is currently a deteriorated gravel driveway leading to the exiting
one stall garage.
The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due
to structures being located excessively close to the road, provide a consistent neighborhood
aesthetic, to ensure the presence of greenspace, and to provide sufficient driveway length to
accommodate off street parking. The proposed project would increase the property’s front yard
setback by nearly 10 feet and replace an unpaved 10-foot wide driveway with a paved 22-foot wide
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 5 of 9
driveway. This combined with
bringing the property’s side yard
setbacks into compliance with the City
Code will create an aesthetic more
consistent with the intent of the RSF
district.
In theory, the applicant could shift the
house back an additional five feet in
order to meet the required 30-foot front
yard setback; however, doing so would
increase the required lot cover variance
by an additional 1.5 percent and reduce
the maximum potential depth of a rear
deck from approximately 15 feet down
to 10 feet. Since the property is located
within the Shoreland Management
Overlay district in an area with known stormwater issues, staff believes that reducing the property’s
lot cover is a higher priority than requiring the applicant to meet the full front yard setback.
In order to determine if the proposed 25-foot front yard setback is reasonable, staff examined other
properties in the immediate vicinity. Looking at the six properties that share a block with 690
Carver Beach Road and the four properties directly across the street, staff found that variances have
been given for a 24.5-foot front yard setback and a 25-foot front yard setback. Using the city’s GIS
system staff also estimate front yard setbacks of 0, 10, 20, and 27 feet for four of the other
properties. Since six of the ten closest properties have front yard setbacks under the required 30 feet,
the applicant’s proposed 25-foot setback would not be out of character or atypical for the area.
For these reasons staff supports the proposed 5-foot front yard setback variance.
Lot Coverage
The city requires a minimum lot area of 15,000 square feet within the RSF and Shoreland
Management Overlay district and limits these properties to 25 percent lot coverage. The applicant’s
lot is substandard with a lot area of 6,000 square feet. The property currently has a lot coverage of
21 percent or 1,258 square feet. The applicant’s proposal would increase the lot coverage to 2,017
square feet or 33.6 percent. By comparison, a property meeting the city’s 15,000 square foot
minimum lot size would be entitled to 3,750 square feet of impervious surface.
Generally, staff is reluctant to support lot cover variances, especially within the Shoreland
Management Overlay district; however, the size of the applicant’s parcel makes it impossible to
construct a home meeting the city’s minimum standards for single-family housing without a lot
cover variance. The following table provides estimates of the minimum required lot cover for
several different configurations of homes meeting minimum city standards.
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 6 of 9
Minimum Lot Cover For a Single-Family Home (in square feet)
House Style House foot print Garage foot print* Driveway** Total Percentage
Rambler 960 400 540 1900 31.67%
Split level 575 400 540 1515 25.25%
Split foyer/two-story 600 400 540 1540 25.67%
*20’x20’ is generally considered the minimum size for a 2-car garage.
**18’x30’ would be the typical dimensions of a driveway meeting the 30’ RSF setback and serving
a 20’ wide garage.
It should be noted that the table shows the absolute minimum lot cover required to build a single-
family home in Chanhassen, and does not include any of the typical amenities such as a walkway
connecting the driveway and entrance or concrete pads for deck/service door landings.
When evaluating variance requests for such constrained parcels, the city must determine what
represents a reasonable intensity of use for the property. In order to make a determination of
reasonableness, the requirements of the City Code, usability, character of the neighborhood, and
general housing trends should all be considered.
The proposed home has a combined
garage and house footprint of 1,400 square
feet and approximately 2,000 square feet
of living area. This less than the 2,687
square foot average home size reported by
the U.S. Census Bureau in 2015, and
significantly less than the 3,000 plus
square foot size routinely seen for new
construction within Chanhassen. Staff
believes that the proposed house size
represents a reasonable attempt to work
within the constraints of the parcel.
While the 22-foot-by-26-foot garage is
larger than the theoretical minimum, it is
of comparable size to a 24-foot-by-24-foot garage, which is the most common two-car garage size.
Since no shed is proposed as part of the project and the property’s lot cover limit will not
accommodate the construction of any accessory storage structure, the garage will need to
accommodate both vehicles and other on-site storage. Additionally, the applicant is proposing a tuck
under configuration to minimize the property’s building footprint. Staff believes that the proposed
garage size is reasonable.
Other features of the proposal contributing to the property’s lot cover, such as a 22-foot wide
driveway, 108-square foot covered front porch, and 63-square feet of lot cover for stairs and
walkways are all features commonly associated with homes and are of reasonable dimensions and
configurations. In an effort to minimize lot cover, the applicant is proposing a rear deck in lieu of a
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 7 of 9
patio area. Furthermore, a rain garden is also being proposed to help mitigate the runoff generated
by the project’s impervious surface.
Staff also examined other variances granted within the Carver Beach neighborhood in an attempt to
determine the reasonableness of the request. Staff found that in 2001, the city approved a 5.5-foot
front yard setback, a 7-foot side yard setback, and 11 percent lot cover variance to construct a home
on the 6,000 square foot lot at 6890 Navajo Drive. Since 6890 Navajo Drive is the rear neighbor of
690 Carver Beach Road and has the exact same lot dimensions, it provides a good comparison for
what the city has historically considered reasonable within the neighborhood.
For these reasons staff supports the requested 9 percent lot cover variance.
Impact on Neighborhood
Carver Beach is one of the oldest neighborhoods in the city. Many of its properties are non-
conforming uses, and 11 variances have been given to the 43 properties within 500 feet of 690
Carver Beach Road. Since 2000, two variances have been given allowing for 25 front yard setbacks,
and the applicant’s requested variance is very similar to the variance approved for a neighboring
property in 2001. The proposal would replace an unusable deteriorating home with a new home
similar in scale and configuration to other newer homes in the neighborhood.
Existing Proposed
SUMMARY
The applicant has proposed a project that replaces a derelict and substandard structure with an
appropriately scaled new home. The proposed home meets the city’s minimum requirements for
single-family housing, and increases the existing front yard setback and brings the property’s
side yard setbacks into compliance with the city’s zoning code. While the requested lot cover
variance is significant, it is in line with previously granted variances for similarly sized
properties and the applicant is proposing a raingarden to offset some of its impact. Staff believes
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 8 of 9
that the applicant’s proposal represents a reasonably sized and configured home for the parcel in
question.
RECOMMENDATION
Staff recommends that the Planning Commission approve the 5-foot front yard setback variance
and a 9 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 a demolition permit prior to removing the
existing structures.
3. The applicant must apply for and receive all necessary permits from the Watershed
District.
4. Construction traffic and parking cannot block emergency response road access.
5. The applicant must install a rain garden. The rain garden’s design and location must
be approved by the city’s Engineering Department.
6. Eaves may encroach up to an additional 24 inches into the required front yard
setback, as shown on the submitted plan.
7. The applicant shall resubmit the site plan which indicates the height of the retaining
wall (top of wall and bottom of wall elevations). Retaining walls shall be design in
accordance with City Code of Ordinances Sec. 20-1025.
8. The applicant shall include all trees 6” dbh and larger on the building permit survey
and note tree(s) to be removed or preserved. All preserved trees in the rear yard must
be protected by fencing during construction.
9. One tree will be required to be planted in the front yard if no tree in the front yard is
present at the end of construction.
10. The applicant shall install tree protection fencing at 690 Carver Beach Road around
the neighboring oak to the south
11. Tree branches from neighboring trees shall be properly pruned by a certified arborist
before demolition activities begin.
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 the 9 percent lot cover variance for the construction of single-family home, and
adopts the attached Findings of Facts and Decision.”
ATTACHMENTS
1. Findings of Fact and Decision (Approval)
2. Findings of Fact and Decision (Denial)
Planning Commission
690 Carver Beach Road – Planning Case No. 19-14
October 1, 2019
Page 9 of 9
3. Variance Document
4. Development Review Application and Narrative
5. Survey
6. Redlined Survey
7. House Plan Sheets
8. Engineering Memo
9. ERS Report
G:\PLAN\2019 Planning Cases\19-14 690 Carver Beach Road VAR\Staff Report-690 Carver Beach_PC.doc
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Adam Loken for a 5-foot front yard setback and a 9 percent lot coverage variance
on a property zoned Single-Family Residential District (RSF) - Planning Case 2019-14.
On October 1, 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:
Lots 3078, 3079, and 3080, Carver Beach
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 15,000 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 enough lot cover to
construct a reasonably sized single family home.
The proposed house has a modest footprint that results in a relatively small absolute
amount of lot cover, approximately 2,000 square feet, compared to the 3,750 square feet
properties meeting the minimum lot size are allowed. The proposal also features a rain
garden to mitigate the impact of increased lot cover percentage. Given that the property is
2
zoned for single-family residential use, the proposed modestly sized house featuring a
stormwater best management practice is in line with the intent of 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 15.3 feet to 25 feet and would bring the side yard
setbacks into compliance with City Code. 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: Constructing a single-family home with a two-car garage on a lot zoned for
single-family residential use is a reasonable use of the property. The proposed home is
reasonably sized, and it would not be possible to construct a home meeting the standards
of the City’s zoning code 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 lot is substandard with a lot area of only 6,000 square feet. It would not be
possible to construct a house meeting the City’s minimum standards on this property
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. Many
properties within 500 feet of the parcel either have received variances or are non-
conforming uses. The applicant’s proposal is very similar to a variance granted for a
similarly sized neighboring property. The proposal would replace an unusable deteriorating
home with a new home similar in scale and configuration to other newer homes in the
neighborhood.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
3
Finding: This does not apply to this request.
5. The planning report #2019-14, dated October 1, 2019, prepared by MacKenzie Young-
Walters, is incorporated herein.
DECISION
“The Chanhassen Board of Appeals and Adjustments approves a 5-foot front yard
setback variance and a 9 percent lot cover variance for the construction of single-family home,
subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. The applicant must apply for and receive a demolition permit prior to removing the
existing structures.
3. The applicant must apply for and receive all necessary permits from the Watershed
District.
4. Construction traffic and parking cannot block emergency response road access.
5. The applicant must install a rain garden. The rain garden’s design and location must
be approved by the city’s Engineering Department.
6. Eaves may encroach up to an additional 24 inches into the required front yard
setback, as shown on the submitted plan.
7. The applicant shall resubmit the site plan which indicates the height of the retaining
wall (top of wall and bottom of wall elevations). Retaining walls shall be designed in
accordance with City Code of Ordinances Sec. 20-1025.
ADOPTED by the Chanhassen Planning Commission this 1st day of October, 2019.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2019 planning cases\19-14 690 carver beach road var\findings of fact and decision 690 carver beach road (approval).doc
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIAL)
IN RE:
Application of Adam Loken for a 5-foot front yard setback and a 9 percent lot coverage variance
on a property zoned Single-Family Residential District (RSF) - Planning Case 2019-14.
On October 1, 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:
Lots 3078, 3079, and 3080, Carver Beach
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 by 9 percent increases the amount of runoff generated and is contrary to the intent of
the ordinance. While it is true that a lot cover variance is needed to construct a single-
family home on this property, additional steps such as converting the porch from a
covered to uncovered design, narrowing the driveway, and reducing the home’s footprint
could reduce the extent of the lot cover variance required.
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.
2
Finding: Constructing a single-family home with a two-car garage on a lot zoned for
single-family residential use is a reasonable use of the property; however, the applicant
could propose an alternative home configuration that would provide similar use and
lessen variances required.
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 lot is substandard with a lot area of only 6,000 square feet. It would not be
possible to construct a house meeting the city’s minimum standards on this property
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. Many
properties within 500 feet of the parcel either have received variances or are non-
conforming uses. The applicant’s proposal is very similar to a variance granted for a
similarly sized neighboring property. The proposal would replace an unusable deteriorating
home with a new home similar in scale and configuration to other newer homes in the
neighborhood.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2019-14, dated October 1, 2019, prepared by MacKenzie Young-
Walters, is incorporated herein.
3
DECISION
“The Chanhassen Board of Appeals and Adjustments denies the 5-foot front yard setback
variance and the 9 percent lot cover variance.”
ADOPTED by the Chanhassen Planning Commission this 1st day of October, 2019.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2019 planning cases\19-14 690 carver beach road var\findings of fact and decision 690 carver beach rd (denied).doc
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2019-14
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 9 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 Lots 3078, 3079, and 3080, Carver Beach.
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 a demolition permit prior to removing the
existing structures.
3. The applicant must apply for and receive all necessary permits from the Watershed
District.
4. Construction traffic and parking cannot block emergency response road access.
5. The applicant must install a rain garden. The rain garden’s design and location must
be approved by the city’s Engineering Department.
6. Eaves may encroach up to an additional 24 inches into the required front yard
setback, as shown on the submitted plan.
7. The applicant shall resubmit the site plan which indicates the height of the retaining
wall (top of wall and bottom of wall elevations). Retaining walls shall be designed in
accordance with City Code of Ordinances Sec. 20-1025.
8. The applicant shall include all trees 6” dbh and larger on the building permit survey
and note tree(s) to be removed or preserved. All preserved trees in the rear yard must
be protected by fencing during construction.
2
9. One tree will be required to be planted in the front yard if no tree in the front yard is
present at the end of construction.
10. The applicant shall install tree protection fencing at 690 Carver Beach Road around
the neighboring oak to the south
11. Tree branches from neighboring trees shall be properly pruned by a certified arborist
before demolition activities begin.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
Dated: October 1, 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\19-14 690 carver beach road var\variance document 19-14.doc
I am applying for a variance to hardcover and front setback requirements. I am applying because of the
practical difficulties in complying with current zoning make the property unusable/unworkable in
relation to neighboring properties. This is the case mainly because it is one of the smallest buildable lots
in Chanhassen. 60ft by 100ft.
The main issue is the hard cover. I would like to place the house closer to the street to eat up some
unnecessary driveway space and reduce the hard cover. I plan to provide a rain garden on the south
side of the property to mitigate the runoff from multiple lots to the north and east, as well as the added
runoff from the added hardcover on my lot.
The removal of the existing home and detached garage will bring the lot into current zoning compliance
on the front and side setbacks. The current detached garage encroaches the neighbor’s property by
about one foot. The existing house setbacks are nonconforming at 15 feet to the street and 5 feet to the
north side. These issues will all be corrected.
I am requesting the ability to build a usable average to small family home on a uniquely tiny lot while
working within as many zoning ordinances as feasibly possible.
Variance request for: 25 foot setback from front, and hardcover at 35%.
a. I believe this plan takes the intent of the zoning seriously, only asking for small variations that
allow the lot to function as originally intended while aligning with the city’s comprehensive plan
b. I am applying because of the practical difficulties in complying with current zoning make the
property unusable/unworkable in relation to neighboring properties. This is the case mainly
because it is one of the smallest buildable lots in Chanhassen. 60ft by 100ft.
c. Usability and increasing curb appeal compared to existing structure
d. Lot is extremely small.
e. Almost all neighbors’ lots do not conform to zoning. I assume most newer remodel/builds have
had variance approvals in the past.
The home design takes the areas character into deep consideration. I want it to look like it fits
the location not only in size but also architecture.
f. N/A
PLAN NOTE: There will be a 12x20 deck on the back, off the rear sliding door. It will be within the
buildable area with pervious surface below (not hardcover) this is still in design phase and has not been
drawn as I do not have it finished
cpmcp
x
9
U '
o
as_ °
Aga
I
co
C
Qa.
i
fag
a
Pa
co
a
1):
1..
t
1LS
111.
n
9s '
6-
61\
M-
9.,
L }
x
1,
0.
99E,
9 •
9.
5"-''
sd93S,,``'
11
y.
o6P3r /
s"
I.
r /
simo
ato\
Z-
u
wri;
F!
8
1
v
o
11
x
IIS
ti
a°
co
n\.
CD
Snv .
9,
5
rn
9s¢
s
a,0v
4
I`
6 ',,-)
IIOr'
a-
l(
5
9y6Jt3`
c
96
4
Z'
F
m
w
40'
16
s\
1 (
96 --
p
b __"
1
i:,
0'
84,' - ,• \
J
O
k (
n
6)
4
S:
0 . (
7
G
011\.
VI
0-
00
v'
i'
4°
Ca
a, 9
4.
0 .
1
M
p'
1q
mo'
u,
a,=
ot,
No
Ottm
0
q0G
a
m
r'°
o
0':
0,-
d
v
o
t
q + 963x r _
CO
r)
f
9
co
I
o
o
4-
0OICOItr.(
21
c4 . . --
6.
k
C•
0
m
b
ab
4
iv
0
o
Q
o
q:
9, ,
i
I—.(
0•£
6)
1
0
o
t
2s
C
rq
1
e
v'_-' (
0
1g6' `
k
D
O
0
Q
L
1
11
96i
1-
B
A.
g-
cT`
1
k
s.
s
L'
O
X79 '
r1 '
o
D
4,
tp
959. ,
ms
mos
W
w
A.\
A
440
o
c4
a
W
O '
1 •
6
k
a
i
k
gym
11
Os
1
1
g
Ca.
Ns\
CI
It..
0 '
5'0
M%
w
c
maga
5
Ot
0%
96so
1
s
00.
Q9
ir .
LIN
Q
I
1£ _"
J)
oo
1
t
mss
t
J
1
0 •
h
r' $
Z
9..
y. ,
r',
1 ?
fs7 •
r ' $
ate
3
F'
Y
oa
I
6
s
60,
I
X\\\
A-
014
CO
1-
Legend • Found Iron Monument X 000.0 Existing Elevation (000.0) Proposed Elevation Manhole Plan Prepared for: Adam Loken 690 Carver Beach Rd Chanhassen, MN 55317 Existing l-lardcover (sq. ft.) House 865 Garage 267 Steps 52 Pavers 94 1.258 Lot Area = 6,000 Total l-lardcover = 21.0 % Proposed Hardcover fsq. ft.): House 1400 Driveway 554 Porch Steps 16 Walkway Sc steps 47 Retaining Walls 41 Total 2.058 Lot Area = 6.000 Total Hardcover = 34.3% Boundary Description (supplied by client) Lots 3078, 3079 and 3080. CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. Subject to any and all easements of record. Bearings based on assumed datum. i SCHOBORG LAND SERVICES INC. 763-972-3221 www.SchoborgLand.com 8997 Co. Rd. 13 SE Delano. MN 55328 I hereby certify that this certificate of survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. elly L. Brouwer Date: _. /ht/j/ 30. Zo/t Registration No. 48328 Job Number: 8844 Book/Page: LL Survey Date: 4/24/19 Drawing Name: loken.dwg Drawn by: DMS Revisions: 5/14/19 (add bidq. setbacks) 8/30/19 (Site Plan) 1 inch = 20 feet
First Floor
966' - 7"
Attic Floor
977' - 2 1/8"
Roof
975' - 8 1/8"
Basement
957' - 0"
T.O. Footing
956' - 8"
B.O. Footing
956' - 0"
Foundation
965' - 1"
16
12
16
12 6/12
6/12
RETAINING
WALL
GRADE
@963'
GRADE
@960'
METAL ROOF
METAL ROOF
ARCHITECTURAL SHINGLE
ScaleProject numberDateDrawn byChecked by612-483-4593K.D.S. 1/4" = 1'-0"8/7/2019 9:16:17 AMA1ElevationsProject NumberLOKEN690 CARVER BEACH RD08/07/2019SWKChecker 1/4" = 1'-0"1 South
First Floor
966' - 7"
Attic Floor
977' - 2 1/8"
Roof
975' - 8 1/8"
Basement
957' - 0"
T.O. Footing
956' - 8"
B.O. Footing
956' - 0"
Foundation
965' - 1"
14
12
6
12
GRADE
@963'
GRADE
@960'
LINE OF GARAGE FOOTING AND FOUNDATION
DRIVEWAY
@956'-8"
16
12
GRADE
@963'GRADE
@960'
First Floor
966' - 7"
Attic Floor
977' - 2 1/8"
Roof
975' - 8 1/8"
Basement
957' - 0"
T.O. Footing
956' - 8"B.O. Footing
956' - 0"
Foundation
965' - 1"
14
12
12
6
GRADE
@960'
LINE OF GARAGE FOUNDATION
AND FOOTING
LINE OF HOUSE FOUNDATION AND FOOTING ScaleProject numberDateDrawn byChecked by612-483-4593K.D.S. 1/8" = 1'-0"8/7/2019 9:15:50 AMA2ElevationsProject NumberLOKEN690 CARVER BEACH RD08/07/2019SWKChecker 1/8" = 1'-0"1 East
1/8" = 1'-0"2 North
1/8" = 1'-0"3 West
3'-0"1 HR. DOOR2'-8"
3'-0"
1 HR. DOOR
GARAGE
485 SQ. FT.
BEDROOM 1
95 SQ. FT.
MECH.
16'-0" X 7'-0" OVERHEAD GARAGE DOOR36" X 48" CSMT.36" X 48" CSMT.0' - 2"39' - 8"0' - 2"
40' - 0"0' - 2"6' - 0 1/2"14' - 9 1/2"5' - 10"0' - 2"27' - 0"6' - 0"33' - 0"0' - 2"17' - 10"0' - 2"10' - 11"10' - 11"
18' - 0"22' - 0"
40' - 0"0' - 2"6' - 10"26' - 0"33' - 0"9' - 11 1/4"3' - 8 1/2"3' - 8 1/2"20' - 11 3/4"9' - 8"15' - 8"9' - 9 1/2"2' - 4 1/2"4' - 4 1/2"1' - 2 1/4"20' - 9 1/4"6' - 3"3' - 5"4' - 7"11' - 1"8" POURED CONCRETE FOUNDATION 2" RIGID INSULATION
2'-4"26' - 3 1/4"5' - 10 3/4" 8' - 2 1/2"
CEILING HEIGHT
BATH
49 SQ. FT.
LIVING SPACE
190 SQ. FT.
2'-6"2'-6"
SD
SD/
CM ScaleProject numberDateDrawn byChecked by612-483-4593K.D.S. 1/4" = 1'-0"8/7/2019 9:15:24 AMA3Basement PlanProject NumberLOKEN690 CARVER BEACH RD08/07/2019SWKChecker 1/4" = 1'-0"1 Basement
DN
UP
DN
RF
DWWD
2'-8"
BATH
33 SQ. FT.
LAUNDRY
65 SQ. FT.
KITCHEN
208 SQ. FT.
LIVING ROOM
361 SQ. FT.
DINING
61 SQ. FT.GAS F.P.6'-0"
3'-0" X 6'-8"W/(2)15"
SIDELITES
6'-0" X 6'-8" SLIDING PATIO DOOR
36" X 72" CSMT. @7'-8"3' - 5"4' - 4"6' - 9"9' - 10"10' - 1"5' - 7"
40' - 0"17' - 2 1/4"4' - 8"8' - 6 1/2"2' - 7 1/4"33' - 0"3' - 4 3/4"4' - 10"9' - 9 1/4"4' - 6"6' - 6"6' - 6"4' - 6"
14' - 8 1/2"3' - 3 1/2"22' - 0"
40' - 0"2' - 7 3/4"2' - 7 3/4"2' - 7 3/4"9' - 11 1/2"9' - 1 1/4"6' - 0"27' - 0"33' - 0"13' - 3"13' - 9"13' - 3"5' - 11 1/4"8' - 0"3' - 3"2' - 0"5' - 11 1/4"4' - 10"3' - 8 1/2"3' - 9 3/4"12' - 3 3/4"0' - 10"2' - 0"4' - 0"2' - 0"2'-6"2'-4"(3) 22" LVL ABOVE
(4) 18" LVL ABOVE7' - 2 1/4"6' - 8 1/4"2' - 4 1/2"10' - 9"11' - 3"7' - 3 3/4"19' - 8 3/4"1' - 8 1/2"
OFFICE
104 SQ. FT.
VAULTED CEILING
17' - 10 1/2" TO PEAK
9' CEILING HEIGHT
3' - 3 1/4"2' - 8 3/4"48" X 72" (2) CSMT.
@7'-8"24" X 18" FXD. @8-0"24" X 18" FXD. @8-0"24" X 18" FXD. @8-0"48" X 72" (2) CSMT.
@7'-8"
48" X 72" (2) CSMT.
@7'-8"
48" X 76" (2) CSMT.
@8'-0"
48" X 72" (2) CSMT.
@7'-8"48" X 72" (2) CSMT. @8'-0"36" X 48" CSMT.
@7'-8"36" X 72" CSMT. @7'-8"36" X 24" FXD.SD
SD/
CM
SD
36" X 36" CSMT.
@7'-8"36" X 72" CSMT. @7'-8"36" X 48" CSMT.
@7'-8"
36" X 36" CSMT.
@7'-8"ScaleProject numberDateDrawn byChecked by612-483-4593K.D.S. 1/4" = 1'-0"8/7/2019 9:15:05 AMA4First Floor PlanProject NumberLOKEN690 CARVER BEACH RD08/07/2019SWKChecker 1/4" = 1'-0"1 First Floor
9' CEILING
MASTER SUITE
207 SQ. FT.
W.I.C.
26 SQ. FT. BATH
39 SQ. FT.2'-6"2'-6"LINE OF 8' CEILING
30" X 48"
CSMT. 72" X 48"(2) CSMT.24" X 36" CSMT.24" X 36" CSMT.8' - 9"5' - 8 3/4"3' - 8 3/4"21' - 9 1/2"6' - 6"8' - 9 1/4"5' - 7 3/4"6' - 1"6' - 10"6' - 10"6' - 1"13' - 8"13' - 3"33' - 0"3' - 6"7' - 11"3' - 0"6' - 1"14' - 5"6' - 6"27' - 0"6' - 6 1/2"6' - 6 1/2"
22' - 5 1/2"13' - 1"4' - 5 1/2"
40' - 0"
4' - 0"5' - 2"5' - 1 1/2"3' - 8 1/2"
40' - 0"5'-0" X 2'-10" SHWR2'-8" VAN.
2'-4"
2'-4"
2'-4"2'-4"PKT.2'-6"
FREE STANDING TUB
6'-0" X 3'-0"
2'-4"
BUILT INS
SLOPESTORAGE
W.I.S.
MSTR. BATH
90 SQ. FT.
SD
SD/
CM
SD
W.I.C.
31 SQ. FT.
BEDROOM 2
170 SQ. FT.
DN
18' - 0"22' - 0"11' - 7 3/4"8' - 1 1/4"6' - 8 1/2"3' - 6"5' - 9 1/2"3' - 9"4' - 10 15/16"2' - 6 5/16"6' - 0"ScaleProject numberDateDrawn byChecked by612-483-4593K.D.S. 1/4" = 1'-0"8/7/2019 9:14:29 AMA5Attic PlanProject NumberLOKEN690 CARVER BEACH RD08/07/2019SWKChecker 1/4" = 1'-0"1 Attic Floor
2' - 0"25' - 0"8' - 0"19' - 11"20' - 1 1/4"3' - 0"26' - 5 3/4"10' - 6 1/4"19' - 0"24' - 0"
14/12
14/12 16/1216/1216/1216/126/12
6/12
16/1216/1212' - 3 1/2"
9' - 3 3/4"
16' - 3 1/2"
42' - 0"9' - 3 1/2"ScaleProject numberDateDrawn byChecked by612-483-4593K.D.S. 1/4" = 1'-0"8/7/2019 9:13:52 AMA6Roof PlanProject NumberLOKEN690 CARVER BEACH RD08/07/2019SWKChecker 1/4" = 1'-0"1 Roof Plan
Memorandum
To: Bob Generous, Senior Planner
From: Erik Henricksen, Project Engineer
CC: Jason Wedel, Public Works Director/City Engineer
Kevin Crooks, Utility Superintendent
Ryan Pinkalla, Water Resources Technician
Date: 9/19/2019
Re: Front Yard Setback and Hard Cover Variance at 690 Carver Beach
Road – Planning Case 2019-14
The Engineering Department has reviewed the Variance submittal for 690 Carver Beach Road.
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 690
Carver Beach Road 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 Carver Beach 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 property currently is served by water and sanitary sewer services in Carver Beach
Road via an 8” ductile iron pipe and an 8” PVC pipe, respectively.
5. The existing garage proposed to be demolished encroaches over the southern property
line into the property to the south (680 Carver Beach Road). The applicant shall obtain
permission from the owner of 680 Carver Beach Road to perform construction
operations related to the removal of the garage along with an agreement for restoration
of any disturbed area on 680 Carver Beach Road.
6. The applicant is proposing to construct retaining walls to accommodate a below grade
garage, all retaining walls over 4 feet in height require professionally engineered
designs. See condition 1.
Proposed Conditions
1. The applicant shall resubmit the site plan which indicates the height of the retaining wall
(top of wall and bottom of wall elevations). Retaining walls shall be design in
accordance with City Code of Ordinances Sec. 20-1025.
MEMORANDUM
TO: MacKenzie Walters, Planner I
FROM: Jill Sinclair, Environmental Resources Specialist
DATE: September 19, 2019
SUBJ: Variance for lot cover and front yard setback, 690 Carver Beach Road
The submitted plans did not show existing trees on the property, which includes red oaks, sugar
maples, and small evergreens. It is unknown as to which, if any, trees are proposed for
preservation, however according to city code clear cutting of a lot is not allowed, therefore the
sugar maples in the rear yard shall be preserved. Staff recommends that the applicant meet
ordinance requirement when applying for the building permit and show all trees 6” in diameter
and larger 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
in the front yard is present at the end of construction.
The neighboring properties on the north and south have mature shade trees within a few feet of
the property lines. To the north, there is a large honeylocust and to the south is a significant red
oak. The trees will be adjacent to the proposed construction area and therefore have the potential
to be detrimentally impacted by the construction. It’s unknown how much of the trees’ root area
is on the property at 690 Carver Beach Road, but roots are opportunistic and will take advantage
of available space. For this reason, it is assumed that there are enough roots on the applicant’s
property to merit caution and protection of the neighbor’s oak and honeylocust. According to
research by the University of Minnesota, red oaks are tolerant of root severance but sensitive to
both compaction and fill within their root zones. Honeylocust are also tolerant to root severance
and intermediate to compaction and fill. According to the proposed plan, the grade will be
matched on both sides of the property, so the main concern will be the effects of compaction to
the root areas of the trees. The applicant will need to install tree protection fence around the oak
in order to minimize damage to the root system. The honeylocust is behind a wooden fence and
will also have erosion control measures installed between the tree and the construction area.
While the below ground impacts will have the most effect on the trees, above ground each tree
has branches that reach over the property and will be within the construction area. Staff
recommends that the tree’s owners schedule an arborist to properly prune their trees out of the
way before construction starts or to work with the applicant to see that the work is done properly.
The pruning should be done before any demolition or construction work starts in order to avoid
irreparable branch damage from equipment.
Recommendations:
1. The applicant shall include all trees 6” dbh and larger on the building permit survey and
note tree(s) to be removed or preserved. All preserved trees in the rear yard must be
protected by fencing during construction.
2. One tree will be required to be planted in the front yard if no tree in the front yard is
present at the end of construction.
3. The applicant shall install tree protection fencing at 690 Carver Beach Road around the
neighboring oak to the south
4. Tree branches from neighboring trees shall be properly pruned by a certified arborist
before demolition activities begin.
Subject: Public hearing tonight
Hello Mr Walters
My name is Maria Helena Moreno.I live at address 6896 Navajo dr in Chanhassen. Despite my best efforts it does
not look I can make tonight's hearing to speak in favor of Mr Adam Loken and his request for approval of a
variance to build his home.
As his neighbor I would like to support Mr Loken and ask the city to please help and work with him.What we as a
neighborhood have on that lot now is terrible and has been like that for a very long time. It was with great
excitement that we saw Mr Loken start the clean and demolition process of the old existing property.
We would all benefit from having a new residence built in this small lot. I trust the city will do what is best for
everyone involved Mr Loken and the neighborhood.
Thank you
Maria Helena Moreno