PC Staff Report 7-7-20PLANNING COMMISSION STAFF
REPORT
Tuesday,July 7,2020
Subject Consider a Request for a Setback Variance at 7701 Frontier Trail
Section PUBLIC HEARINGS Item No:B.2.
Prepared By MacKenzie Young-Walters,Associate
Planner
File No:
PROPOSED MOTION:
The Chanhassen Planning Commission approves a 30-foot front setback variance for the construction of a porch,
subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision.
SUMMARY OF REQUEST
The applicant is requesting a 30-foot front yard setback variance in order to construct an open porch along the home’s
southern elevation.The proposed porch is part of a project to shift the home’s main entrance from the western
elevation where it currently opens directly into the right-of-way to the southern elevation where it would open into the
property’s yard.The requested 0-foot front yard setback would be an extension of the home’s existing 0-foot front
yard setback.
Staff would typically not support a request for a 0-foot setback however,in this case the home’s existing location on
the property means that extending the existing façade makes architectural sense and since the extension is further from
the intersection it will not further impair sight lines.Additionally,the open design of the porch and its overall architectural
compatibility with the existing structure minimize its visual impact.Staff does have reservations about allowing the eaves
to encroach approximately 4 feet into the right-of-way ROW)and feels that this would set a precedent for other areas
of the city where existing structures have been built right up to the street ROW.For this reason,staff is recommending
that a condition be placed upon the variance requiring that the porch’s eaves be redesigned to not encroach into the
ROW.
A full discussion of the variance request can be found in the attached staff report.
APPLICANT
Daniel Burke,223 W.77th Street,Chanhassen,MN 55317
SITE INFORMATION
PRESENT ZONING:RSF"-Single Family Residential District
LAND USE:Residential Low Density
PLANNING COMMISSIONSTAFFREPORTTuesday,July 7,2020SubjectConsider a Request for a Setback Variance at 7701 FrontierTrailSectionPUBLICHEARINGSItemNo:B.2.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:PROPOSED MOTION:The Chanhassen Planning Commission approves a 30-foot front setback variance for the construction of a porch,subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision.SUMMARY OFREQUESTTheapplicantisrequestinga 30-foot front yard setback variance in order to construct an open porch along the home’ssouthernelevation.The proposed porch is part of a project to shift the home’s main entrance from thewesternelevationwhereitcurrentlyopensdirectlyintotheright-of-way to the southern elevation where it would open intotheproperty’s yard.The requested 0-foot front yard setback would be an extension of the home’s existing 0-footfrontyardsetback.Staff would typically not support a request for a 0-foot setback however,in this case the home’s existing locationonthepropertymeansthatextendingtheexistingfaçademakesarchitecturalsenseandsincetheextensionisfurtherfromtheintersectionitwillnotfurtherimpairsightlines.Additionally,the open design of the porch and its overallarchitecturalcompatibilitywiththeexistingstructureminimizeitsvisualimpact.Staff does have reservations about allowing theeavestoencroachapproximately4feetintotheright-of-way ROW)and feels that this would set a precedent for otherareasofthecitywhereexistingstructureshavebeenbuiltrightuptothestreetROW.For this reason,staff isrecommendingthataconditionbeplaceduponthevariancerequiringthattheporch’s eaves be redesigned to not encroach intotheROW.A full discussion of the variance request can be found in the attached staff report.APPLICANTDanielBurke,223 W.77th Street,Chanhassen,MN55317SITEINFORMATIONPRESENTZONING:RSF"-Single Family Residential District
LAND USE:Residential Low Density
ACREAGE:22 acres
DENSITY:NA
APPLICATION REGULATIONS
Chapter 20,Article II,Division 3,Variances
Chapter 20,Article II,Division 4,Non-conforming Uses
Chapter 20,Article XII,RSF”Single-Family Residential District
Section 20-615,Lot Requirements and Setbacks.
Chapter 20,Article XXIII,Division 1,Generally
Section 20-908,Yard regulations
BACKGROUND
County records indicate that the house was built in 1896.Staff is uncertain as to when the garage was constructed.
In August of 1991,the city issued a permit to construct a fence on the property.
RECOMMENDATION
Staff recommends the Planning Commission,acting as the Board of Appeals and Adjustments,approve the 30-foot
front setback variance request for the construction of a porch,and adopt the attached Findings of Fact and Decision,
subject to the following conditions:
1.The porch must be redesigned so that the eaves do not encroach into the public right-of-way ROW).
2.The applicant must apply for and receive a building permit.
3.An Encroachment Agreement for any encroachments into the right-of-way such as landscaping,retaining walls,
structures,etc.,except for the house,shall be filed prior to issuance of building permits.
ATTACHMENTS:
Staff Report
Findings of Fact and Decision
Development Review Application
Narrative
Plan
Rendering
Survey
Affidavit of Mailing
Engineering Memo
Variance Document
CITY OF CHANHASSEN
PC DATE: July 7, 2020
CC DATE: July 27, 2020
REVIEW DEADLINE: August 4, 2020
CASE #: PC 2020-11
BY: MYW
SUMMARY OF REQUEST:
The applicant is requesting a 30-foot front yard setback variance in order to construct an open
porch along the home’s southern elevation.
LOCATION: 7701 Frontier Trail
APPLICANT: Daniel Burke
225 W. 77th Street
Chanhassen, MN 55317
PRESENT ZONING: “RSF” – Single Family Residential District
2040 LAND USE PLAN: Residential Low Density
ACREAGE: .22 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.
PROPOSAL/SUMMARY
The applicant is requesting a 30-foot front yard setback variance in order to construct an open
porch along the home’s southern elevation. The proposed porch is part of a project to shift the
home’s main entrance from the western elevation where it currently opens directly into the right-
of-way to the southern elevation where it would open into the property’s yard. The requested 0-
foot front yard setback would be an extension of the home’s existing 0-foot front yard setback.
Staff would typically not support a request for a 0-foot setback; however, in this case the home’s
existing location on the property means that extending the existing façade makes architectural
sense and since the extension is further from the intersection, it will not further impair sight lines.
Additionally, the open design of the porch and its overall architectural compatibility with the
PROPOSED MOTION:
The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback variance for
the construction of a porch, subject to the Conditions of Approval and adopts the attached
Findings of Facts and Decision.”
7701 Frontier Trail Variance
July 7, 2020
Page 2
existing structure minimize its visual impact. Staff does have reservations about allowing the
eaves to encroach approximately 4 feet into the right-of-way and feels that this would set a
precedent for other areas of the city where existing structures have been built right up to the
street right-of-way. For this reason staff is recommending that a condition be placed upon the
variance requiring that the porch’s eaves be redesigned to not encroach into the right-of-way.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article II, Division 4, Non-conforming Uses
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-908, Yard regulations
BACKGROUND
County records indicate that the house was built in 1896. Staff is uncertain as to when the garage
was constructed.
In August of 1991, the city issued a permit to construct a fence on the property.
SITE CONSTRAINTS
Zoning Overview
The property is zoned Single-Family Residential 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 30 percent lot cover, of which no more
than 25 percent can be impervious surface. Corner lots are required to meet the required 30-foot
front yard setback along all street frontages, but the remaining lot lines are subject to side yard
setbacks. Residential structures are limited to 35 feet in height.
The lot is 9,940 square feet, and has approximately 1,589 square feet (15.99 percent) lot cover.
The existing house has non-conforming 0-foot front yard setbacks (North and West lot lines) and
the detached garage has a non-conforming 4.5-foot front yard setback. Small sections of the
house’s footprint encroach 1.1 feet and .08 feet into the right-of-way with the associated eaves
encroaching approximately an additional two feet into the right-of-way. The existing structures
meet all other requirements of the City Code.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
7701 Frontier Trail Variance
July 7, 2020
Page 3
Bluff Protection
There are not bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
Wetland Protection
There is not a wetland located in the development site.
NEIGHBORHOOD
City Lots of Chanhassen
The original plat for this area was
recorded in October of 1887 and
was replated in March of 1896.
Over the following century, many
of the original lots have be altered
through vacations, combinations,
or sales. Many of the resulting lots
are substandard or have atypical
shapes. The plat and many of its
lot combinations 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:
1976-16 221 Chan View: 4’ front setback variance (house) – Approved
1979-03 7610 Frontier Trail: 5’ side setback (garage addition) – Approved
1981-06 7616 Frontier Trail: 8’ front setback (detached garage) – Approved
7701 Frontier Trail Variance
July 7, 2020
Page 4
1983-13 222 Chan View: 7’ side setback variance (garage) – Approved
1985-06 7725 Frontier Trail: 3’ side setback variance (garage) – Approved
1986-10 7791 Erie Ave: 10’ front setback variance (house) – Approved
1988-10 7725 Frontier Trail: 3’ side setback variance (garage) – Approved
1999-06 226 Chan View: 18’ and 10’ front setback variances (addition and detached
garage) – Approved.
1999-13 7616 Frontier Trail: 8’ front setback variance (garage) – Denied
2001-01 220 W 78th St: 21.5’ front setback variance (addition) – Approved
2004-39 222 W 78th St: 26.2’ front setback variance (intensify non-conformity) – Approved
2020-03 306 W. 78th St: 1’ height, 11.33 sq. ft. display area (monument sign) – Approved
ANALYSIS
Front Yard Setback
The home was built in 1896 and due to the fact that 19th century
surveying and construction techniques were less precise than
modern standards, the home was constructed partially within the
roads’ right-of-ways. At the time the home was built, the city did
not yet exist and it is unknown what setbacks, if any, would have
existed. The result of these factors is that the house’s north front
yard setback varies between -0.8 feet and .2 feet and its west front
yard setback varies between -1.1 feet and .3 feet.
The existing home configuration has the main entrance facing
west and exiting directly into the public right-of-way. The
homeowner is proposing to relocate the entrance to the property’s
southern façade and construct an open porch to improve the entrance’s
aesthetics and shield the entrance from the elements. The applicant has
stated that the proposed
reorientation will improve
safety since the home will no
longer need to be entered
directly from the right-of-
way.
7701 Frontier Trail Variance
July 7, 2020
Page 5
The proposed porch would maintain the existing plane of the home and run roughly parallel to
the west lot line for 8 feet with a 0-foot setback. Staff would not typically support a variance
request for a 0-foot setback; however, this is a unique situation where the house’s existing
placement and configuration dictating the location of the proposed porch. Additionally, since the
proposed porch is of an open design, i.e. no screens or windows, it will have less visual mass
than a solid wall. Finally, the proposed porch is located on the far side of the house from the
intersection and would not in any way impact traffic sight lines.
One of the intents of the 30-foot front yard setback requirement is to create adequate front yard
green space and provide a consistent neighborhood aesthetic. While allowing a 0-foot front yard
setback would typically violate that intent, in this case, four of six properties along Frontier Trail
between W. 77th Street and W. 78th Street have structures with 0-foot front yard setbacks and
existing home is already located on the lot line. Staff also notes that there is currently
approximately 20 feet separating the paved edge of Frontier Trail from the lot line. Most
residential streets are designed so that there is 10-15 feet of right-of-way between the edge of the
pavement and the property line. While the additional 5-10 feet of right-of-way distance is not
equivalent to front yard setback, the extra distance does lessen the visual impact of the property’s
lack of a front yard setback. That being said, the city is planning to conduct a street project to
improve Frontier Trail in the near future and it is possible the road could be widened.
Taking into consideration the preexisting placement of the house, design of the porch, and
overall architectural characteristics of the project, staff believes the requested variance meets the
intent of the zoning code and provides reasonable relief for a non-conforming property. For these
reasons staff recommends that the front yard variance be approved.
Right-of-Way Encroachment
The proposed entryway redesign shifts the door
back approximately four feet with the main
porch roof starting approximately two feet back
from the southwest corner of the house. The
proposed design then calls for an eave extending
approximately four feet into street right -of-way.
This eve would be supported by the porch
structure that stops at the lot line. This proposed
configuration would result in the porch’s eaves
projecting about two feet further into the right-
of-way than the home’s existing eaves.
Staff believes that the porch can be redesigned so that the eaves stop at the property line and do
not encroach into the public right-of-way. Due to the fact that the door is recessed four feet back
from the southwest corner of the house, this revised design would still allow for the porch roof to
shelter people entering and exiting the structure while avoiding a structural encroachment into
the right-of-way. Staff has always taken the position that no structure should be allowed in the
public right-of-way and is very concerned that allowing the encroachment of the proposed eaves
7701 Frontier Trail Variance
July 7, 2020
Page 6
into the right-of-way will establish a precedent that architectural features like cantilevers and
eaves are allowed within the right-of-way. There are several older neighborhoods in the city,
Carver Beach and Red Cedar Point being prime examples, where many older homes and garages
are located immediately adjacent to the right-of-way and where property owners would
potentially be interested in encroaching into the public right-of-way.
Engineering has also noted that they are planning to reconstruct Frontier Trail in the near future,
and that the road project would require an unobstructed right-of-way to accommodate
construction equipment. At this early phase in the project, the Engineering Department is not
certain if this section of Frontier Trail would be widened or left at its current width. For these
reasons, Engineering Staff recommends that the porch’s eaves not be allowed to encroaching into
the road right-of-way.
Since long standing city policy does not allow eaves to encroach into the right-of-way and there
are viable design alternatives to avoid the encroachment, staff recommends that a condition of
approval be placed on the variance requiring the porch to be redesigned so that the eaves do not
encroach into the right-of-way.
Impact on Neighborhood
The City Lots of Chanhassen is the community’s original neighborhood. Many of its properties
are non-conforming uses, and 12 variances have been given to the 52 properties within 500 feet
of 7701 Frontier Trail. Of those 12 variances, six were front yard setback variances and 11 were
front or side yard setback variances. While the applicant’s requested variance would be the
largest front yard setback variance granted, the existing house has 0 foot front yard setback and
an eight foot expansion of that existing non-conformity would not have a negative visual impact
on the neighborhood. Additionally, four of the six lots along Frontier Trail between W. 78th
Street and W. 77th Street appear to have structures constructed up to or slightly into the street
right-of-way. Finally, since the proposed expansion is an architecturally defined open porch that
will create a defined entrance to the house, staff believes that the requested variance will improve
the house’s façade and appearance as seen from the street.
Proposed Existing
7701 Frontier Trail Variance
July 7, 2020
Page 7
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve the 30-foot front setback variance request for the construction of a porch, and adopt the
attached Findings of Fact and Decision, subject to the following conditions:
1. The porch must be redesigned so that the eaves do not encroach into the public right-of-
way.
2. The applicant must apply for and receive a building permit.
3. An Encroachment Agreement for any encroachments into the right-of-way such as
landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior
to issuance of building permits.
ATTACHMENTS
1. Findings of Fact and Decision
2. Development Review Application
3. Narrative
4. Plan
5. Rendering
6. Survey
7. Affidavit of Mailing of Public Hearing Notice
8. Engineering Memo
g:\plan\2020 planning cases\20-11 7701 frontier trail var\staff report_7701 frontier trail_var.doc
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
APPROVAL)
IN RE:
Application of Daniel Burke for a 30-foot front setback variance on a property zoned Single-
Family Residential District (RSF) - Planning Case 2020-11.
On July 7, 2020, 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 10, Block 4, City Lots of Chanhassen
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 allows variances in order to permit the owners of non-
conforming property and lots to undertake reasonable improvements. The applicant’s
proposal to relocate the existing entrance so that it no longer exits into the public right-of-
way and to construct an architecturally compatible open porch to provide shelter for
individuals utilizing the entrance, represents a clear improvement to the property. While
the city would normally not support a 0-foot front yard setback, the existing home’s
location directly on the property line makes it impractical to maintain a front yard
setback. Taking into consideration the preexisting placement of the house, design of the
porch, and overall architectural characteristics of the project, the requested variance
meets the intent of the zoning code and provides reasonable relief for a non-conforming
property.
2
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The applicant’s proposal to relocate the home’s entrance so that it does not exit
directly into a street right-of-way is reasonable, as is the request to construct an
architecturally compatible open porch to provide shelter for individuals entering and
exiting the home. The location of the home on the property makes it impossible for the
applicant to construct the proposed porch without the requested front yard setback
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 was created in 1887 and the home was built in 1896. Since the creation
of the lot and construction of the home predates modern survey techniques and permitting
standards, as well as the creation of the city and adoption of a zoning code, the applicant
is forced to work within the constraints created by the non-conforming lot and house
placement.
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 neighborhoods. Many of the
properties in the area do not have the required 30-foot front yard setback, either by virtue
of variances or b y virtue of their status as non-conforming uses. Additionally, four of six
properties located near this parcel along Frontier Trail appear to have structures built on
or across their front lot line. Given this, allowing the application to construct an open
porch maintaining the existing structure’s 0-foot front setback will not alter the essential
character of the locality.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2020-11, dated July 7, 2020, prepared by MacKenzie Young-Walters,
is incorporated herein.
3
DECISION
The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback
variance request for the construction of a porch, and adopts the attached Findings of Fact and
Decision, subject to the following condition:
1. The porch must be redesigned so that the eaves do not encroach into the public right-of-
way.
2. The applicant must apply for and receive a building permit.
3. An Encroachment Agreement for any encroachments into the right-of-way such as
landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior
to issuance of building permits.”
ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2020 planning cases\20-11 7701 frontier trail var\findings of fact and decision 7701 frontier trail (approval).doc
Pc_ (9..c), ..„,._
l 1
COMMUNITY DEVELOPMENT DEPARTMENT
anningdDivision —
P.O.
147,
Chanhassen,CITY OFCllA1ifiASSINMailingAddress— .O. Box 147, Chanhassen, MN 55317111111Phone: (952)227-1100 /Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: h " 5 —oZc) PC Date: T-1-O CC Date: rj D.1^ 60-Day Review Date:. S—14^ep,,O
Section 1: Application Type (check all that apply)
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Comprehensive Plan Amendment 600 Subdivision (SUB)
Minor MUSA line for failing on-site sewers $100 E Create 3 lots or less 300
Create over 3 lots 600 + $15 per lot
Conditional Use Permit(CUP) lots)
Single-Family Residence 325 Metes & Bounds (2 lots) 300
All Others 425 E Consolidate Lots 150
111Interim Use Permit(IUP)
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.
Rezoning (REZ)
Planned Unit Development (PUD) 750 Vacation of Easements/Right-of-way(VAC) $300
Minor Amendment to existing PUD 100 Additional recording fees may apply)
All Others 500
ElVariance (VAR) 200
Sign Plan Review 150
Wetland Alteration Permit (WAP)
Site Plan Review(SPR) Single-Family Residence 150
Administrative 100 All Others 275
Commercial/Industrial Districts* 500
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:
Residential Districts 500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Plus $5 per dwelling unit(units)
Notification Sign (City to install and remove) 200
Property Owners' List within 500' (City to generate after pre-application meeting) 5if n $3 per address
52 addresses)
Escrow for Recording Documents (check all that apply) 50 per document
Conditional Use Permit Jnterim Use Permit Site Plan Agreement
Vacation Q'Variance Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.)Easements ( easements) Deeds
TOTAL FEE:
Section 2: Required Information
Description of Proposal: Request variance to build a porch on the south side of my house, the house was built in 1896
and is on the lot lines in the northwest corner of the lot.
Property Address or Location: 7701 Frontier Trail Chanhassen, MN 55317
Parcel #:
25.0500380
Legal Description:
Lot 10 Block 004 City of Chanhassen +W10' of Lot 9
Total Acreage:
0.22
Wetlands Present? Yes 0 No
Present Zoning:
Mixed Low Density Residential DistriFj Requested Zoning:
Not Applicable 0
Present Land Use Designation:
Residential Low DensJ Requested Land Use Designation: Select One
Existing Use of Property: Single Family Home
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:
Daniel Burke
Contact:
Daniel Burke
Address:
225 W 77th St Phone:
City/State/Zip:
Chanhassen, MN 55317
Cell:
612)221-0506
Email:
mnburkes@gmail.com
Fax:
Signature: '"Date: 6/8/20
PROPERTY OWNER: In signir. 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:
1896 House LLC
Contact:
Daniel Burke
Address:
225 W 77th T Phone:
City/State/Zip:
Chanhassen, MN 55317same
Cell:
612)251-0506
Email:
mnburkea@gmail.com
Fax:
Signatures Date: 6/8/20
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER(if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
Property Owner Via: Email Mailed Paper Copy Name:
0 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 I
VARIANCE REQUEST
7701 FRONTIER TRAIL
CHANHASSEN, MN 55317
I am making a request for a variance on the above listed property. I recently purchased the property and
plan on remodeling the house.
The house was built in 1896 and is one of the oldest houses in Chanhassen. It was built well before the
current setback regulations were established.The northwest corner of the house is on the northwest
corner of lot line.The front door which is on the west side of the house opens directly onto the city
right-of-way.To improve safety, I want to move the door to the south side of the house so that it no
longer opens directly to the street.To do this I will need to build a porch on the south side of the house
to provide access to the door.
The west end of the proposed porch will extend south along the property line following the line of the
house for about 8 feet. It will then extend east to the existing porch (app 25.6ft).
The variance is required because of the location of the house in relation to the lot line.
The proposed relocation of the door makes the house safer as it will no longer be necessary to enter the
house directly from the right-of-way. A variance for the porch running along the west property line is
necessary for access to the house after the door is relocated.
The design of the porch is harmony with the age and style of the house and will fit well into the
neighborhood.
My wife and I have owned and lived in the neighboring house to the east, 225 West 77th Street,for 36
years.
1896 HOUSE LLC
Daniel J Burke
Sole Member
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i CERTIFICATE OF SURVEY
7701 FRONTIER TRAIL
CHANHASSEN, MN 55317
77th STREET WEST
0 30
711 . 7
1" = 30 FEET
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5 CHANHASSEN, MN 55317 co
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CENTERLINE OF UN-OPENED ALLEY
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COTINTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
J.-._n c f,S j"
4ffj3,2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public hearing to
consider a request for a Setback Variance to construct a porch on property located at 7701
Fronfier Trail; Zoned Residential (R), Planning case File No. 2020-ll to the persons named
on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such
owner, and depositing the envelopes addressed to all such owners in the United States mail with
postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing
as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other
appropriate records.
Subscribed and
thisQElday o
swom to before me
f ..J r^r.-.<--
Kim Meuwissen, Depu k
2020.
Aabl*tro6
JEAT' Mtlilryhtrr ,hrF IIu,
N otary Public
Subiect
Area
Disclaimcr
This map is neither a legally recorded map nor a survey and is not antended to be used
as one. This map is a @mpilation of records, infomalton ancl data located in various clty.
county, state and federirl offces and other sources rcgarding the area shown, and is to
be used for reference purposes only. The City does not wanant lhat lhe Geographic
lniormaton System (GlS) Data used to prepare this map are enor free, and the City does
not reFesent that the GIS Data can be uscd for navigational. tracking or any other
puDo6e requiring exacting measurement of distance or direclion or plecision in the
depictton of geo€raphic features. The preceding disdaimer rs povrded puGuant to
Minnesota StaMes 5466.03, SuM 21 (2000), and the user ol this map aclnowledges
that the City shall not be liable for any damages, and exp€ssly waives all daims, and
agrees to debnd, indemnify. and hold hannless the Crty fom any and all daims bought
by User, its employees or agents. or third partes which aise out of the use/s access or
use ot data provided.
TAX_NAME)t
aTAX_ADD_L1>
TAX ADD L2r
Next RecordD(TAX NAMED
Subject
Area
Disclaimer
This map is neither a legally recorded map nor a survey ancl is nol intended to te used
as one- This map is a compilatioo of records, informalion and data located in various oty,
county. strate and federalofnces and olher sources regading the area shown, and is lo
be used for refe.ence purposes only The City does not waranl that the Geographic
lnfomalion System (GlS) Daia used to prepare this map arc eror free, and the City does
not represent thal the Gls oata can be used for navigational. trackrng or any olher
purpose requiaing exacting measurement of distance or direclion or precision in the
depiclion of geographic iealures. The preceding disdaimer is provided purcuant to
Minnesota Statutes 5466.03, SUM 21 (2000), and the user of this map aclnowledges
that the City shall not be liable for any damages. and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parlies which arise oul otthe use/s a@ess or
us€ of data provided.
ITAX_ADD_L1r
ITAX ADD L2r
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Memorandum
To: MacKenzie Walters, Associate Planner
From: Erik Henricksen, Project Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Charlie Burke, Street Superintendent
Date: 6/25/2020
Re: Setback Variance at 7701 Frontier Trail – Planning Case 2020-11
The Engineering Department has reviewed the Variance submittal for 7701 Frontier Trail.
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 City of Chanhassen Standard
Specifications and Detail Plates.
General Comments/Findings
1. Any and all utility and transportation plans submitted with this application have been
reviewed only for the purpose of determining the feasibility of providing utility and
transportation facilities for the project in accordance with City Standards. A
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 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 provided Certificate of Survey shows that the northwest corner of the existing home
built in the late 1800’s) extends approximately 1.1 feet past the property line and into
the public right-of-way (ROW), and the southwest corner of the home extends
approximately 0.3 feet into the ROW. With the existing main entry door to the home
located on this west side of the house, this requires the residents to step directly into
public ROW when entering or leaving the home. This is not ideal for the residents nor is
it common city practice for managing public ROW. As an upcoming capital
improvement project to rehabilitate Frontier Trail is being evaluated, and will inevitably
require all available right-of-way for the construction of the project, any encroachment
into the public ROW would be considered a hindrance. It is recommended that an
updated survey be provided. See proposed condition 1.
4. The applicant is proposing the construction of a new porch located on the south side of
the existing home which will relocate the main entry door to the south side. The
existing west main entry will then be removed. This relocation of the main entry door to
the south of the home is more suitable for the existing home’s location in relation to the
public ROW and will reduce potential conflicts with any future maintenance and
rehabilitation projects associated with Frontier Trail.
5. Based on the provided plans the newly constructed porch and the proposed eaves will
extend further into the public ROW than the existing home currently does. See
Proposed Condition 2.
Proposed Conditions
1. An Encroachment Agreement for any encroachments into the right-of-way such as
landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior
to issuance of building permits.
2. The plans shall be updated to reflect no additional encroachment into the public right-
of-way, which includes the porch’s eaves.
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2020-11
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 30-foot front setback
variance request for the construction of a porch.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 10, Block 4, City Lots of Chanhassen.
3. Conditions. The variance approval is subject to the following conditions:
1. The porch must be redesigned so that the eaves do not encroach into the public right-of-
way.
2. The applicant must apply for and receive a building permit.
3. An Encroachment Agreement for any encroachments into the right-of-way such as
landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior
to issuance of building permits.
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: July 7, 2020 CITY OF CHANHASSEN
BY:
SEAL) Elise Ryan, Mayor
AND:
Heather Johnston, Interim City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2020 by Elise Ryan, Mayor, and Heather Johnston, Interim 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\2020 planning cases\20-11 7701 frontier trail var\variance document 20-11.doc