WRITTEN JUSTIFICATION FOR VARIANCE REQUESTDecember 4, 2020
City of Chanhassen
Community Development Department
Planning Division
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
RE: WRITTEN JUSTIFICATION OF HOW VARIANCE REQUEST FOR 6606
HORSESHOE CURVE, CHANHASSEN, MN 55317 COMPLIES WITH THE FINDINGS
FOR GRANTING A VARIANCE PURSUANT TO SECTION 20-58
Dear Planning Division,
As required by the City of Chanhassen, we are respectfully submitting this written
justification in support of our variance request currently pending with your office.
Overview and Introduction
My name is Elise Bruner, and my husband, Brian, and our daughter, Sieglinde, reside at
6609 Horseshoe Curve in Chanhassen. I am writing this written justification on behalf of
myself and my family. By way of background, I grew up in Chanhassen on the very
same property that is currently under review by the Planning Division. The name of the
parcel of land, Alicia Heights, is, in fact, named after my mother, Alicia. My childhood
home, now 6611 Horseshoe Curve, was the only home I knew. The property of 6609
was split and sold in 1999 and the new home was built where we are living presently.
As such, I have a very deep connection to this property.
Practical Difficulties
We understand that variances are requested when the strict enforcement of the
ordinance would cause a “practical difficulty” because of circumstances unique to the
property, such as when the property cannot be put to reasonable use because of its
size, physical surroundings, shape, or topography. In consideration of all equities and
hardships in this case, we believe that our application warrants favorable discretion,
since everything we hope to do will improve the use of this property and reduce further
degradation of the property.
•Reasonableness
We confirm that as homeowners, we propose to use our property in a reasonable
manner. While we would like to use our property in a particularly reasonable way, we
cannot currently do so under the rules of the applicable ordinance.
At the current time, we do not have reasonable use of our lake property. With a
severely sloped property from the road to the house, and again from the front
side to lake, there are essentially two (2) limited flat areas on the lakeside for
family recreation, including:
(1)lower patio area by the slider door that is accessible from our walk-out home.
(2)flat patio area by shoreline.
The rest of the land is not usable for quiet enjoyment beyond a nature-scape. To this
end, we wish to create livable space for reasonable use as follows:
•Build a lower-level deck patio outside the slider door that is directly
accessible from our walk-out home. There is currently nothing outside our
slider door other than dirt and weeds. Building a deck is a reasonable use and
extension of our home.
•Build a staircase from the lower-level deck patio to the lakeshore. We
currently have no easy access to the lake without concern for falling, tripping, or
losing one’s balance. We have witnessed able-bodied friends slip while trying to
get down to the lake, and anyone with physical limitations would arguably not be
comfortable going down to the lake. Without an appropriate staircase, this will
continue to be a problem. The distance from our lower-level slider door to
the lakeshore is about 117 feet and has a 29.75-foot grade change. This is
just over a 25% slope.
•Build a modular (removable pieces) shoreline deck patio near the
lakeshore. This would comport with necessary setbacks and allow access for
maintenance of the utility line in this area.
•Uniqueness
Our current problem is due to circumstances unique to this property and was not
caused by our actions. As noted by the enclosed photographs and topography, the
physical characteristics of our property present unique challenges due to the sloping
topography and limited accessible space for use.
When we purchased the property in 2016, the home, boulder retaining walls, lakeshore
platform, and lack of staircase were all pre-existing factors. In 2019, we removed a 144
square-foot bump out on the lakeside of the house, as well as a deck that protruded
toward the lake 8 feet as part of an extensive home remodel that was approved by the
City of Chanhassen. Those structures are no longer present. However, without certain
reasonable improvements, the current state of the property is not sustainable for
enjoyable use over the long run.
•Boulders rolling down the hill – On June 21, 2020, boulders that are present in
an already dilapidated retaining fall came loose and rolled down the hill due to
the rains. The boulder retaining wall is no longer safe and has already caused
damage to the pre-existing shoreline platform. There are about 5 large boulders
that have already rolled down the hill. Please see enclosed pictures for proof.
We anticipate that without a new retaining wall, erosion and damage will
continue.
•Run off around the house and down the hill – Without an appropriate
drainage plan, sediment, rocks, etc. will continue to degrade the property and
ultimately go into the lake – which is what we remain concerned about.
Without improvements, the pre-existing susceptibilities of the property will only continue
to grow.
• Essential Character
Provided the variance is granted, the comprehensive plan will not alter the essential
character of our property or locality. The resulting structure of the boat house, as well
as the stairs and deck, will not be out of scale, out of place, or otherwise inconsistent
with the surrounding area. Please see enclosed photographs for similarly situated
staircases and boathouses on Lotus Lake.
The proposed comprehensive plan is more protective of the environment than
what is currently present. Please consider the following:
•Use of permeable deck surfaces will allow water to percolate into the soil to
filter out pollutants and recharge the water table. As noted in the enclosed
comprehensive plan, we intend to use permeable deck material on the lower-level patio,
staircase, and lakeshore deck to ensure that water is properly channeled into the
underlying soil, which will force slow percolation during periods of heavy rainfall.
•Use of Living Walls will again allow water to absorb into the soil and slow
erosion. As noted in the enclosed comprehensive plan, we intend to use a living
wall instead of the pre-existing boulder retaining wall. Living retaining
walls function just as a traditional stone or timber wall, and typically require much
less actual building material to construct. In keeping with the plan, we hope to
reduce storm water runoff and erosion.
•Use of Fescue “Low Grow No Mow” Application of fescue on the lakeside
slope is currently present, as we have already had great success with the
product, but we will continue the seeding of the entire lakeside area accordingly.
The use of this product is environmentally friendly due to the relatively deep root
systems (4-9”), which enhance drought-resistance by reducing water loss and
reaching deeper water reserves. Due to the nature of the fescue, once planted, it
requires only minimal water and no chemical fertilizers or pesticides for proper
maintenance.
•Preservation of Tree Canopy The comprehensive plan seeks to preserve the
pre-existing tree canopy on the property. We do not wish to disrupt the beauty of
the mature trees that we have.
CONCLUSION
Thank you in advance for your due consideration of our request for a variance.
Sincerely,
Elise Bruner and Brian Bruner