PC Staff Report 10-6-20PLANNING COMMISSION STAFF
REPORT
Tuesday,October 6,2020
Subject Consider a Request for Bluff,Shoreland,Accessory Structure Size,and Other Variances to
Construct a New Home and Detached Accessory Structures on Property Located at 6915
Highover Lane
Section PUBLIC HEARINGS Item No:C.1.
Prepared By MacKenzie Young-Walters,Associate
Planner
File No:Planning Case No.2020-20
PROPOSED MOTION:
The Chanhassen Board of Appeals and Adjustments denies the requested bluff setback and impact zone variances,
denies the requested shoreland variance,and denies the 418 square-foot variance from the detached accessory
structure size limit,and adopts the attached Findings of Facts and Decision.
SUMMARY OF REQUEST
The applicant is proposing to construct a single-family home,accessory structures,and driveways within the bluff,bluff
impact zone,and 30-foot bluff setback on 6915 Highover Lane.The proposed accessory structures are also within the
150-foot shoreland setback and exceed the City’s 1,000 square-foot detached accessory size limit.Variances from the
City’s bluff ordinance,shoreland setbacks,and detached accessory structure size limits are being requested.The
applicant has stated that the intent of these variances is to allow the construction of a small private home with a minimal
impact to the lot.
The applicant has indicated that the requested variance is necessary due to that fact that the lot has a limited building
area outside of the required bluff setbacks and that the available buildable lot area does not permit a reasonably sized
home.They have also noted that the presence of a utility easement along the property’s western edge further constrains
the buildable area and that the buildable area is located near a walking trail which does not allow sufficient privacy.
Finally,they have stated that they wish to construct a home that will allow them to enjoy views of Lake Harrison and
the surrounding natural environment.
The lot in question was created under the existing standards of the City’s bluff ordinance and was only permitted after
the developer showed a viable building pad clear of the required bluff setback.During the initial subdivision process,
the City Council denied a requested 20-foot bluff setback and 20-foot bluff impact zone variance requested by the
developer in 2005 citing the possibility for development outside of the required bluff setback and the need to protect
sensitive environmental areas,specifically citing concern over the potential impact to the bluff,trees,and wetland.The
City Code has not been amended to create larger bluff setbacks or to further constrain the property’s buildable area
since the creation of the lot.
PLANNING COMMISSIONSTAFFREPORTTuesday,October 6,2020SubjectConsideraRequest for Bluff,Shoreland,Accessory Structure Size,and Other VariancestoConstructaNewHomeandDetachedAccessoryStructuresonPropertyLocatedat6915HighoverLaneSectionPUBLICHEARINGSItemNo:C.1.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2020-20PROPOSEDMOTION:The Chanhassen Board of Appeals and Adjustments denies the requested bluff setback and impact zone variances,denies the requested shoreland variance,and denies the 418 square-foot variance from the detachedaccessorystructuresizelimit,and adopts the attached Findings of Facts and Decision.SUMMARY OFREQUESTTheapplicantisproposingto construct a single-family home,accessory structures,and driveways within the bluff,bluffimpactzone,and 30-foot bluff setback on 6915 Highover Lane.The proposed accessory structures are also withinthe150-foot shoreland setback and exceed the City’s 1,000 square-foot detached accessory size limit.Variances fromtheCity’s bluff ordinance,shoreland setbacks,and detached accessory structure size limits are being requested.Theapplicanthasstatedthattheintentofthesevariancesistoallowtheconstructionofasmallprivatehome with aminimalimpacttothelot.The applicant has indicated that the requested variance is necessary due to that fact that the lot has a limitedbuildingareaoutsideoftherequiredbluffsetbacksandthattheavailablebuildablelotareadoesnotpermitareasonablysizedhome.They have also noted that the presence of a utility easement along the property’s western edge furtherconstrainsthebuildableareaandthatthebuildableareaislocatednearawalkingtrailwhichdoesnotallowsufficientprivacy.Finally,they have stated that they wish to construct a home that will allow them to enjoy views of Lake Harrisonandthesurroundingnaturalenvironment.The lot in question was created under the existing standards of the City’s bluff ordinance and was only permittedafterthedevelopershowedaviablebuildingpadclearoftherequiredbluffsetback.During the initial subdivision process,the City Council denied a requested 20-foot bluff setback and 20-foot bluff impact zone variance requested bythedeveloperin2005citingthepossibilityfordevelopmentoutsideoftherequiredbluffsetbackandtheneedtoprotectsensitiveenvironmentalareas,specifically citing concern over the potential impact to the bluff,trees,and wetland.TheCityCodehasnotbeenamendedtocreatelargerbluffsetbacksortofurtherconstraintheproperty’s buildable area
since the creation of the lot.
The ordinances protecting the City’s bluffs and other environmental resources are extremely important and variances
from these protections should only be granted when the ordinances prevent reasonable use of a property and only to
the extent necessary to permit the reasonable use of the property.Variances from these standards should not be granted
to accommodate preferred placements,configurations,or accessory uses,and applicants should demonstrate that all
effort has been made to comply with the intent of the ordinances and to minimize environmental impacts.
The applicant has proposed a home that is primarily located within the bluff,bluff impact zone,and bluff setback with
only a small portion of the attached garage being located within the property’s buildable area.Similarly,the applicant
has proposed large accessory structures and driveways within the bluff,bluff impact zone,and bluff setback with only a
small portion of the detached garage being located in the buildable area.The grading and construction activities
associated with these variance requests would significantly alter the bluff,resulting in significant tree loss,and risk
creating erosive conditions that could degrade the quality of the adjacent wetlands and Lake Harrison.
Due to the potential for environmental degradation,the presence of a viable building pad outside of the required bluff
setbacks,and the fact that a less extensive variance was denied for this property in 2005,staff strongly recommends
that the requested variances be denied.
A full discussion of the requested variance is provided in the attached staff report.
APPLICANT
Highover,LLC Todd Carstensen 7575 Walnut Curve Chanhassen,MN 55317
SITE INFORMATION
PRESENT ZONING:RSF"Single-Family Residential District
LAND USE:Residential Low Density
ACREAGE:3.65 acres
DENSITY:NA
APPLICATION REGULATIONS
Chapter 20,Article II,Division 3.Variances
Chapter 20,Article VI.Wetland Protection
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,General Supplemental Regulations
Section 20-904,Accessory Structures
Chapter 20,Article XXVIII,Bluff Protection
BACKGROUND
In October of 2005,Lot 12,Block 1 of the Lake Harrison Subdivision was created.During Planning Case 2005-14,
bluff setback and bluff impact zone variances for this property were denied.
In November of 2017,staff was made aware of grading and vegetation removal within the bluff impact zone of the
property.Additionally,equipment associated with a contractor’s yard/construction business was being stored on the
site.Staff sent a letter requiring the equipment to be removed by November 30,2017 and that the bluff areas be
resorted by June 1,2018.
In December of 2017,staff sent a second notice requiring the removal of the equipment being stored on the property.
In January of 2018,staff sent a third notice requiring the removal of the equipment being stored on the property.
PLANNING COMMISSIONSTAFFREPORTTuesday,October 6,2020SubjectConsideraRequest for Bluff,Shoreland,Accessory Structure Size,and Other VariancestoConstructaNewHomeandDetachedAccessoryStructuresonPropertyLocatedat6915HighoverLaneSectionPUBLICHEARINGSItemNo:C.1.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2020-20PROPOSEDMOTION:The Chanhassen Board of Appeals and Adjustments denies the requested bluff setback and impact zone variances,denies the requested shoreland variance,and denies the 418 square-foot variance from the detachedaccessorystructuresizelimit,and adopts the attached Findings of Facts and Decision.SUMMARY OFREQUESTTheapplicantisproposingto construct a single-family home,accessory structures,and driveways within the bluff,bluffimpactzone,and 30-foot bluff setback on 6915 Highover Lane.The proposed accessory structures are also withinthe150-foot shoreland setback and exceed the City’s 1,000 square-foot detached accessory size limit.Variances fromtheCity’s bluff ordinance,shoreland setbacks,and detached accessory structure size limits are being requested.Theapplicanthasstatedthattheintentofthesevariances is to allow the construction of a small private home with aminimalimpacttothelot.The applicant has indicated that the requested variance is necessary due to that fact that the lot has a limitedbuildingareaoutsideoftherequiredbluffsetbacksandthattheavailablebuildablelotareadoesnotpermitareasonablysizedhome.They have also noted that the presence of a utility easement along the property’s western edge furtherconstrainsthebuildableareaandthatthebuildableareaislocatednearawalkingtrailwhichdoesnotallowsufficientprivacy.Finally,they have stated that they wish to construct a home that will allow them to enjoy views of Lake Harrisonandthesurroundingnaturalenvironment.The lot in question was created under the existing standards of the City’s bluff ordinance and was only permittedafterthedevelopershowedaviablebuildingpadclearoftherequiredbluffsetback.During the initial subdivision process,the City Council denied a requested 20-foot bluff setback and 20-foot bluff impact zone variance requested bythedeveloperin2005citingthepossibilityfordevelopmentoutsideoftherequiredbluffsetbackandtheneedtoprotectsensitiveenvironmentalareas,specifically citing concern over the potential impact to the bluff,trees,and wetland.TheCityCodehasnotbeenamendedtocreatelargerbluffsetbacksortofurtherconstraintheproperty’s buildableareasincethecreationofthelot.The ordinances protecting the City’s bluffs and other environmental resources are extremely important andvariancesfromtheseprotectionsshouldonlybegrantedwhentheordinancespreventreasonableuseofapropertyandonlytotheextentnecessarytopermitthereasonableuseoftheproperty.Variances from these standards should not begrantedtoaccommodatepreferredplacements,configurations,or accessory uses,and applicants should demonstrate thatallefforthasbeenmadetocomplywiththeintentoftheordinancesandtominimizeenvironmentalimpacts.The applicant has proposed a home that is primarily located within the bluff,bluff impact zone,and bluff setbackwithonlyasmallportionoftheattachedgaragebeinglocatedwithintheproperty’s buildable area.Similarly,theapplicanthasproposedlargeaccessorystructuresanddrivewayswithinthebluff,bluff impact zone,and bluff setback with onlyasmallportionofthedetachedgaragebeinglocatedinthebuildablearea.The grading and constructionactivitiesassociatedwiththesevariancerequestswouldsignificantlyalterthebluff,resulting in significant tree loss,andriskcreatingerosiveconditionsthatcoulddegradethequalityoftheadjacentwetlandsandLakeHarrison.Due to the potential for environmental degradation,the presence of a viable building pad outside of the requiredbluffsetbacks,and the fact that a less extensive variance was denied for this property in 2005,staff stronglyrecommendsthattherequestedvariancesbedenied.A full discussion of the requested variance is provided in the attached staff report.APPLICANTHighover,LLC Todd Carstensen 7575 Walnut Curve Chanhassen,MN55317SITEINFORMATIONPRESENTZONING:RSF"Single-Family ResidentialDistrictLANDUSE:Residential LowDensityACREAGE:3.65 acresDENSITY:NAAPPLICATIONREGULATIONSChapter20,Article II,Division 3.VariancesChapter20,Article VI.WetlandProtectionChapter20,Article VII.Shoreland Management District.Chapter 20,Article XII,RSF”Single-Family ResidentialDistrictSection20-615,Lot Requirements and Setbacks.Chapter 20,Article XXIII,General SupplementalRegulationsSection20-904,AccessoryStructuresChapter20,Article XXVIII,BluffProtectionBACKGROUNDInOctoberof2005,Lot 12,Block 1 of the Lake Harrison Subdivision was created.During Planning Case 2005-14,bluff setback and bluff impact zone variances for this property were denied.In November of 2017,staff was made aware of grading and vegetation removal within the bluff impact zone oftheproperty.Additionally,equipment associated with a contractor’s yard/construction business was being stored onthesite.Staff sent a letter requiring the equipment to be removed by November 30,2017 and that the bluff areasberesortedbyJune1,2018.In December of 2017,staff sent a second notice requiring the removal of the equipment being stored on the property.
In January of 2018,staff sent a third notice requiring the removal of the equipment being stored on the property.
On January 31,2018,Mr.Carstensen spoke with staff about the ongoing concerns with the property.A timeline was
established for the removal of equipment by April 15,2018.The owner expressed his belief that bluffs were not present
on the property.Staff indicated that bluffs were found during the subdivision process and that a survey would be
needed to contest that finding.
In April of 2018,staff sent a notice that the equipment and other materials in violation of the City’s outdoor storage
ordinance were still present on the property and must be removed.
In May of 2018,Mr.Carstensen requested until the end of June to bring the property into compliance.Staff agreed to
the extension.
In June of 2018,the violations from November 2017 were still present.
In September,staff informed Mr.Carstensen that the bluff restoration had not been completed and extended the
compliance deadline to November 1,2018.
In October of 2018,a builder contacted staff about the possibility of putting a house on the flat part of the lot middle
section between the two bluffs).Staff indicated that due to the presence of the bluffs,staff would not be able to support
that placement.
In November 2018,the violations were addressed.
On November 5,2018,Mr.Carstensen met with staff to discuss building on the lower portion of the lot.Staff
explained the variance process,indicated that staff would not recommend approval for a house placement within the
bluff,and recommended that the home be placed in the approved location.
On August 11,2020,staff received a pre-submittal plan for a proposed home located within the top bluff.Staff noted
what materials would need to be submitted for the application to be complete and advised that staff would not
recommend approval of the proposed placement.Staff encouraged the applicant to provide a revised design utilizing
the approved building pad.
On August 14,2020,the applicant submitted an incomplete variance application.Staff advised the applicant of what
materials would need to be provided to constitute a complete application.
On September 4,2020,the applicant submitted revised plans that proposed significant additional grading and
impervious surface within the bluff,a large detached accessory structure within required setbacks,and a second smaller
accessory structure within required setbacks.
On September 25,2020,staff conducted an inspection in response to complaints that the property was being used to
store construction equipment.Staff found that previously restored areas had been altered to recreate a driveway and
that equipment and materials were being stored on site in violation of City Code.
RECOMMENDATION
Staff recommends the Planning Commission,acting as the Board of Appeals and Adjustments,deny the requested bluff
setback and impact zone variances,deny the requested shoreland variance,and deny the 418 square-foot variance
from the detached accessory structure size limit,and adopt the attached Findings of Facts and Decision.”
PLANNING COMMISSIONSTAFFREPORTTuesday,October 6,2020SubjectConsideraRequest for Bluff,Shoreland,Accessory Structure Size,and Other VariancestoConstructaNewHomeandDetachedAccessoryStructuresonPropertyLocatedat6915HighoverLaneSectionPUBLICHEARINGSItemNo:C.1.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2020-20PROPOSEDMOTION:The Chanhassen Board of Appeals and Adjustments denies the requested bluff setback and impact zone variances,denies the requested shoreland variance,and denies the 418 square-foot variance from the detachedaccessorystructuresizelimit,and adopts the attached Findings of Facts and Decision.SUMMARY OFREQUESTTheapplicantisproposingto construct a single-family home,accessory structures,and driveways within the bluff,bluffimpactzone,and 30-foot bluff setback on 6915 Highover Lane.The proposed accessory structures are also withinthe150-foot shoreland setback and exceed the City’s 1,000 square-foot detached accessory size limit.Variances fromtheCity’s bluff ordinance,shoreland setbacks,and detached accessory structure size limits are being requested.Theapplicanthasstatedthattheintentofthesevariances is to allow the construction of a small private home with aminimalimpacttothelot.The applicant has indicated that the requested variance is necessary due to that fact that the lot has a limitedbuildingareaoutsideoftherequiredbluffsetbacksandthattheavailablebuildablelotareadoesnotpermitareasonablysizedhome.They have also noted that the presence of a utility easement along the property’s western edge furtherconstrainsthebuildableareaandthatthebuildableareaislocatednearawalkingtrailwhichdoesnotallowsufficientprivacy.Finally,they have stated that they wish to construct a home that will allow them to enjoy views of Lake Harrisonandthesurroundingnaturalenvironment.The lot in question was created under the existing standards of the City’s bluff ordinance and was only permittedafterthedevelopershowedaviablebuildingpadclearoftherequiredbluffsetback.During the initial subdivision process,the City Council denied a requested 20-foot bluff setback and 20-foot bluff impact zone variance requested bythedeveloperin2005citingthepossibilityfordevelopmentoutsideoftherequiredbluffsetbackandtheneedtoprotectsensitiveenvironmentalareas,specifically citing concern over the potential impact to the bluff,trees,and wetland.TheCityCodehasnotbeenamendedtocreatelargerbluffsetbacksortofurtherconstraintheproperty’s buildableareasincethecreationofthelot.The ordinances protecting the City’s bluffs and other environmental resources are extremely important andvariancesfromtheseprotectionsshouldonlybegrantedwhentheordinancespreventreasonableuseofapropertyandonlytotheextentnecessarytopermitthereasonableuseoftheproperty.Variances from these standards should not begrantedtoaccommodatepreferredplacements,configurations,or accessory uses,and applicants should demonstrate thatallefforthasbeenmadetocomplywiththeintentoftheordinancesandtominimizeenvironmentalimpacts.The applicant has proposed a home that is primarily located within the bluff,bluff impact zone,and bluff setbackwithonlyasmallportionoftheattachedgaragebeinglocatedwithintheproperty’s buildable area.Similarly,theapplicanthasproposedlargeaccessorystructuresanddrivewayswithinthebluff,bluff impact zone,and bluff setback with onlyasmallportionofthedetachedgaragebeinglocatedinthebuildablearea.The grading and constructionactivitiesassociatedwiththesevariancerequestswouldsignificantlyalterthebluff,resulting in significant tree loss,andriskcreatingerosiveconditionsthatcoulddegradethequalityoftheadjacentwetlandsandLakeHarrison.Due to the potential for environmental degradation,the presence of a viable building pad outside of the requiredbluffsetbacks,and the fact that a less extensive variance was denied for this property in 2005,staff stronglyrecommendsthattherequestedvariancesbedenied.A full discussion of the requested variance is provided in the attached staff report.APPLICANTHighover,LLC Todd Carstensen 7575 Walnut Curve Chanhassen,MN55317SITEINFORMATIONPRESENTZONING:RSF"Single-Family ResidentialDistrictLANDUSE:Residential LowDensityACREAGE:3.65 acresDENSITY:NAAPPLICATIONREGULATIONSChapter20,Article II,Division 3.VariancesChapter20,Article VI.WetlandProtectionChapter20,Article VII.Shoreland Management District.Chapter 20,Article XII,RSF”Single-Family ResidentialDistrictSection20-615,Lot Requirements and Setbacks.Chapter 20,Article XXIII,General SupplementalRegulationsSection20-904,AccessoryStructuresChapter20,Article XXVIII,BluffProtectionBACKGROUNDInOctoberof2005,Lot 12,Block 1 of the Lake Harrison Subdivision was created.During Planning Case 2005-14,bluff setback and bluff impact zone variances for this property were denied.In November of 2017,staff was made aware of grading and vegetation removal within the bluff impact zone oftheproperty.Additionally,equipment associated with a contractor’s yard/construction business was being stored onthesite.Staff sent a letter requiring the equipment to be removed by November 30,2017 and that the bluff areasberesortedbyJune1,2018.In December of 2017,staff sent a second notice requiring the removal of the equipment being stored on the property.In January of 2018,staff sent a third notice requiring the removal of the equipment being stored on the property.On January 31,2018,Mr.Carstensen spoke with staff about the ongoing concerns with the property.A timelinewasestablishedfortheremovalofequipmentbyApril15,2018.The owner expressed his belief that bluffs were notpresentontheproperty.Staff indicated that bluffs were found during the subdivision process and that a survey wouldbeneededtocontestthatfinding.In April of 2018,staff sent a notice that the equipment and other materials in violation of the City’s outdoorstorageordinancewerestillpresentonthepropertyandmustberemoved.In May of 2018,Mr.Carstensen requested until the end of June to bring the property into compliance.Staff agreedtotheextension.In June of 2018,the violations from November 2017 were still present.In September,staff informed Mr.Carstensen that the bluff restoration had not been completed and extendedthecompliancedeadlinetoNovember1,2018.In October of 2018,a builder contacted staff about the possibility of putting a house on the flat part of the lotmiddlesectionbetweenthetwobluffs).Staff indicated that due to the presence of the bluffs,staff would not be able tosupportthatplacement.In November 2018,the violations were addressed.On November 5,2018,Mr.Carstensen met with staff to discuss building on the lower portion of the lot.Staffexplainedthevarianceprocess,indicated that staff would not recommend approval for a house placement withinthebluff,and recommended that the home be placed in the approved location.On August 11,2020,staff received a pre-submittal plan for a proposed home located within the top bluff.Staffnotedwhatmaterialswouldneedtobesubmittedfortheapplicationtobecompleteandadvisedthatstaffwouldnotrecommendapprovaloftheproposedplacement.Staff encouraged the applicant to provide a revised designutilizingtheapprovedbuildingpad.On August 14,2020,the applicant submitted an incomplete variance application.Staff advised the applicant ofwhatmaterialswouldneedtobeprovidedtoconstituteacompleteapplication.On September 4,2020,the applicant submitted revised plans that proposed significant additional gradingandimpervioussurfacewithinthebluff,a large detached accessory structure within required setbacks,and a secondsmalleraccessorystructurewithinrequiredsetbacks.On September 25,2020,staff conducted an inspection in response to complaints that the property was being usedtostoreconstructionequipment.Staff found that previously restored areas had been altered to recreate a drivewayandthatequipmentandmaterialswerebeingstoredonsiteinviolationofCityCode.RECOMMENDATIONStaffrecommendsthePlanning Commission,acting as the Board of Appeals and Adjustments,deny the requestedbluffsetbackandimpactzonevariances,deny the requested shoreland variance,and deny the 418 square-footvariancefromthedetachedaccessorystructuresizelimit,and adopt the attached Findings of Facts and Decision.”
ATTACHMENTS:
Staff Report
Findings of Fact Denial)
Development Review Application
Variance Request Description
Variance Request Letter
Proposed Plan
Affidavit of Mailing
WRC Memo
ENG Memo
ERS Memo
DNR Comments
Email Comment
CITY OF CHANHASSEN
PC DATE: October 6, 2020
CC DATE: October 26, 2020
REVIEW DEADLINE: November 3, 2020
CASE #: PC 2020-20
BY: MYW
SUMMARY OF REQUEST:
The applicant is requesting that the City’s bluff setback and bluff impact zone ordinances be waived
to permit the construction of a new single-family home, driveway, 1,188 square foot detached
garage, and 230 square foot greenhouse within the bluff located at 6915 Highover Lane. The green
house, detached garage, and driveways would also require a variance from the City’s shoreland
ordinance. Since the detached accessory structures have a combined area of 1,418 square feet, a
variance from the City’s 1,000 square foot detached accessory structure size limit would also be
required.
LOCATION: 6915 Highover Lane
APPLICANT: Highover, LLC
Todd Carstensen
7575 Walnut Curve
Chanhassen, MN 55317
PRESENT ZONING: “RSF” – Single-Family Residential District
2040 LAND USE PLAN: Residential Low Density
ACREAGE: 3.65 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 proposing to construct a single-family home, accessory structures, and driveway
within the bluff, bluff impact zone, and 30-foot bluff setback on 6915 Highover Lane. The proposed
accessory structures are also within the 150-foot shoreland setback and exceed the City’s 1,000
PROPOSED MOTION:
The Chanhassen Board of Appeals and Adjustments denies the requested bluff setback and
impact zone variances, denies the request shoreland variance, and denies the 418 square foot
variance from the detached accessory structure size limit, and adopts the attached Findings of
Facts and Decision.”
6915 Highover Lane Variance
October 6, 2020
Page 2
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square foot detached accessory size limit. Variances from the City’s bluff ordinance, shoreland
setbacks, and detached accessory structure size limits are being requested. The applicant has stated
that the intent of these variances is to allow the construction of small private home with a minimal
impact to the lot.
The applicant has indicated that the requested variance is necessary due to that fact that the lot has a
limited building area outside of the required bluff setbacks and that the available buildable lot area
does not permit a reasonably sized home. They have also noted that the presence of a utility
easement along the property’s western edge further constrains the buildable area and that the
buildable area is located near a walking trail which does not allow sufficient privacy. Finally, they
have stated that they wish to construct a home that will allow them to enjoy views of Lake Harrison
and the surrounding natural environment.
The lot in question was created under the existing standards of the City’s bluff ordinance and was
only permitted after the developer showed a viable building pad clear of the required bluff setback.
During the initial subdivision process, the City Council denied a requested 20-foot bluff setback and
20-foot bluff impact zone variance requested by the developer in 2005 citing the possibility for
development outside of the required bluff setback and the need to protect sensitive environmental
areas, specifically citing concern over the potential impact to the bluff, trees, and wetland. The City
Code has not been amended to create larger bluff setbacks or to further constrain the property’s
buildable area since the creation of the lot.
The ordinances protecting the City’s bluffs and other environmental resources are extremely
important and variances from these protections should only be granted when the ordinances prevent
reasonable use of a property and only to the extent necessary to permit the reasonable use of the
property. Variances from these standards should not be granted to accommodate preferred
placements, configurations, or accessory uses, and applicants should demonstrate that all effort has
been made to comply with the intent of the ordinances and to minimize environmental impacts.
The applicant has proposed a home that is primarily located within the bluff, bluff impact zone, and
bluff setback with only a small portion of the attached garage being located within the property’s
buildable area. Similarly, the applicant has proposed large accessory structures and driveway within
the bluff, bluff impact zone, and bluff setback with only a small portion of the detached garage being
located in the buildable area. The grading and construction activities associated with these variance
requests would significantly alter the bluff, result in significant tree loss, and risk creating erosive
conditions that could degrade the quality of the adjacent wetlands and Lake Harrison.
Due to the potential for environmental degradation, the presence of a viable building pad outside of
the required bluff setbacks, and the fact that a less extensive variance was denied for this property in
2005, staff strongly recommends that the requested variances be denied.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article VI. Wetland Protection
Chapter 20, Article VII. Shoreland Management District
6915 Highover Lane Variance
October 6, 2020
Page 3
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Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks
Chapter 20, Article XXIII, General Supplemental Regulations
Section 20-904, Accessory Structures
Chapter 20, Article XXVIII, Bluff Protection
BACKGROUND
In October of 2005, Lot 12, Block 1 of the Lake Harrison Subdivision was created. During Planning
Case 2005-14, bluff setback and bluff impact zone variances for this property were denied.
In November of 2017, staff was made aware of grading and vegetation removal within the bluff impact
zone of the property. Additionally, equipment associated with a contractor’s yard/construction business
was being stored on the site. Staff sent a letter requiring the equipment to be removed by November 30,
2017 and that the bluff areas be resorted by June 1, 2018.
In December of 2017, staff sent a second notice requiring the removal of the equipment being stored on
the property.
In January of 2018, staff sent a third notice requiring the removal of the equipment being stored on the
property.
On January 31, 2018, Mr. Carstensen spoke with staff about the ongoing concerns with the property. A
timeline was established for the removal of equipment by April 15, 2018. The owner expressed his
belief that bluffs were not present on the property. Staff indicated that bluffs were found during the
subdivision process and that a survey would be needed to contest that finding.
In April of 2018, staff sent a notice that the equipment and other materials in violation of the City’s
outdoor storage ordinance were still present on the property and must be removed.
In May of 2018, Mr. Carstensen requested until the end of June to bring the property into compliance.
Staff agreed to the extension.
In June of 2018, the violations from November 2017 were still present.
In September, staff informed Mr. Carstensen that the bluff restoration had not been completed and
extended the compliance deadline to November 1, 2018.
In October of 2018, a builder contacted staff about the possibility of putting a house on the flat part of
the lot (middle section between the two bluffs). Staff indicated that due to the presence of the bluffs,
staff would not be able to support that placement.
In November 2018, the violations were addressed.
6915 Highover Lane Variance
October 6, 2020
Page 4
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On November 5, 2018, Mr. Carstensen met with staff to discuss building on the lower portion of the lot.
Staff explained the variance process, indicated that staff would not recommend approval for a house
placement within the bluff, and recommended that the home be placed in the approved location.
On August 11, 2020, staff received a pre-submittal plan for a proposed home located within the top
bluff. Staff noted what materials would need to be submitted for the application to be complete and
advised that staff would not recommend approval of the proposed placement. Staff encouraged the
applicant to provide a revised design utilizing the approved building pad.
On August 14, 2020, the applicant submitted an incomplete variance application. Staff advised the
applicant of what materials would need to be provided to constitute a complete application.
On September 4, 2020, the applicant submitted revised plans that proposed significant additional
grading and impervious surface within the bluff, a large detached accessory structure within required
setbacks, and second smaller accessory structure within required setbacks.
On September 25, 2020, staff conducted an inspection in response to complaints that the property was
being used to store construction equipment. Staff found that previously restored areas had been altered
to recreate a driveway and that equipment and materials were being stored on site in violation of City
Code.
SITE CONSTRAINTS
Zoning Overview
The property is zoned Single-Family Residential District and is located within the Shoreland
Management District. This zoning classification requires riparian lots to be a minimum of 40,000
square feet, have front and rear yard setbacks of 30 feet, side yard setbacks of 10 feet, a shoreland
setback of 150 feet, and limits parcels to a maximum of 25 percent lot cover. Bluffs are present on
the property an all structures are subject to a 30-foot setback from the top, toe, and sides of the bluff.
The bluff ordinance also restricts grading and vegetative removal within the 20-foot bluff impact
zone and within the bluff itself. Wetlands are also present on the property and have a 30-foot
principle structure buffer setback, a 15-foot accessory structure buffer setback, and 20-foot buffer
requirement. Residential structures are limited to 35 feet in height, accessory structures are limited to
20 feet in height, and properties are allowed one water-oriented accessory structure up to 250 square
feet in size within the 150-foot shoreland setback.
The property is currently undeveloped.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are bluffs on the property. City Code prohibits placing any structure, except stairways and
landings, on a bluff and requires that they be setback at least 30’ from the top, toe, and side of the
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bluff. Stairways and paths are limited to a maximum width of 4’. Removal or alteration of vegetation
within the bluff impact zone is prohibited except for limited pruning and trimming of trees and
shrubs to provide a view from the principal dwelling and limited clearing to accommodate stairways
and landings. Driveways must meet structure setbacks and they may not be placed within the bluff
impact zones when other reasonable placement alternatives exist. Lot cover is prohibited within the
bluff setback, unless otherwise permitted in the bluff ordinance (i.e. necessary driveways, walkways,
stairs, and landings).
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is located within a Shoreland Protection District. This district requires a 40,000 square
foot lot area, 125’ lot width, 150’ structure setback from the lake’s ordinary high water level and
limits the property to a maximum impervious surface coverage of 25 percent.
Wetland Protection
The wetland on and adjacent to the property is classified as Manage 2 per the City’s wetland
classification map. This classification requires a 30-foot primary structure and 15-foot accessory
structure setback from the wetland buffer edge and a 20-foot vegetative buffer from the wetland
edge.
NEIGHBORHOOD
Lake Harrison
The plat for this area was recorded in
October of 2005. Since this is a relatively
recently created subdivision, the City’s
current environmental regulations were
largely in place when it was platted.
During the subdivision process there were
extensive discussions about how to
protect the neighborhood’s wetlands,
bluffs, trees, and lake. Lots 11 and 12,
Block 1 were at the center of these
discussions with the City denying a bluff
variance request as part of the subdivision
and only agreeing to their creation after
the developer demonstrated that a viable building pad existed outside of the required bluff setback.
Based on a survey of aerial photos, homes within the neighborhood appear to conform to the zoning
code with properties maintaining the required yard, bluff, and wetland setbacks. Staff believes that
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several homes may be over their lot cover limit, but overall there do not appear to be many
nonconforming properties.
Variances within 500 feet:
2005-14 Lots 11 and 12, Block 1, Lake Harrison (6905 and 6915 Highover Lane): Variance to build
with a 10’ bluff setback and grade within bluff impact zone (house) – Denied*
2020-15 6893 Highover Drive: Permit structures in drainage and utilities easement with
encroachment agreement (retaining walls) – In Progress
Note: A subdivision variance to allow the construction of a private street to access Lots 11 and 12,
Block 1 was approved along with a variance to exceed maximum street grade within the subdivision
after the applicant demonstrated a viable building pad clear of the bluff setback for Lots 11 and 12,
Block 1.
ANALYSIS
Bluff Ordinance
The applicant is proposing to construct a home, detached accessory structures, and driveway within
the bluff, bluff impact zone, and bluff setback. The proposal would involve approximately 12,000
square feet of lot cover being installed within areas regulated by the City’s bluff setback ordinance.
The City’s bluff ordinance was passed in October of 1991 and its intent statement reads:
Development, excavation, clearcutting and other activities within the bluff impact zone may
result in increased dangers of erosion, increased visibility to surrounding properties and thereby
endanger the natural character of the land and jeopardize the health, safety and welfare of the
citizens of the city. To preserve the character of the bluff impact zone within the city, alteration to
land or vegetation within the bluff impact zone will not be permitted except as regulated by the
ordinance codified in this article, and by the regulations of the underlying zoning district where the
property is located.”
The City Code defines the bluff impact zone as “a bluff and land located within 20 feet from the top
of a bluff. The City’s bluff ordinance imposes a 30-foot structure setback from the top, toe, and sides
of a bluff and prohibits the placement of lot cover within this bluff setback. Additional provisions
limit the removal and alteration of vegetation within the bluff impact zone and restrict topographic
alteration and grading to activities that do not adversely affect the bluff impact zone. Driveways are
required to stay clear of the buff impact zone and setbacks unless no other reasonable or feasible
placement exists and, even then, they must be designed not to cause adverse impacts. All of these
provisions are designed to ensure bluffs are minimally impacted by developments.
These provisions were in existence in substantially their present form when the Lake Harrison
Subdivision was proposed in 2005. When this subdivision was first proposed, the developer
requested a variance for this lot to allow a home to be constructed 10-feet from the top of the bluff.
The Planning Commission recommended denial of the requested variance and that the lot should not
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be permitted unless it could be shown that a house could be built without a variance. In response to
this recommendation, the developer submitted exhibits, see graphic below, to the City Council
showing that a single-family home could be placed on this lot while meeting the required bluff
setback. The City Council ultimately allowed the creation of the lot, but affirmed the Planning
Commission denial of the bluff setback variance finding the following:
1) Lots 11 and 12 could be developed within encroaching into the required bluff setback.
2) The proposed setback variance would permit encroachment into a sensitive environmental
area which the City has consistently attempted to protect.
3) There are alternative ways of developing the area above the bluff without encroaching into
the bluff setback.
4) The variance if approved will be detrimental to the public welfare or injurious to other land
improvements in the neighborhood in which the parcel is located by potentially negatively
impacting the bluff, its trees, and the wetland below.
The City Council reinforced the importance of these provisions by
placing conditions in the development contract stating that, “The
bluff area on the property shall be preserved. All structures shall
maintain a 30-foot setback from the bluff and no grading may
occur within the bluff impact zone (i.e., the bluff and land located
within 20 feet from the top of the bluff).” The Council also
approved a tree preservation plan for the lot that limited tree
clearing to the area immediately around the approved building
pad, shown in yellow on the graphic to the right. The development
contract specified that any tree removed outside of that area
would need to be replaced at a ratio of 2:1 diameter inches. All of
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this shows the importance that the City Council placed on protecting the bluff and its trees at the
time the lot was created.
The applicant has stated that available
buildable area is insufficient to
accommodate a home of modern
dimensions. Staff sketched off the
footprint of a theoretical home that meets
all of the property’s required setbacks
within the approved buildable area and
found that it could accommodate a home
with a 3,610 square foot main level
footprint. Assuming that 1,080 square
feet (36 feet x 30 feet) of this area is used
for a three-car garage and that a second
level and finished basement were
constructed only over and under the non-
garage portion of the home, this would
provide 7,590 square feet of living space.
Since the National Association of Home
Builders has reported that the average
size of an new American home in the
first quarter of 2019, the most recent
period for which staff could find data,
was only 2,584 square feet of livable
area, staff cannot agree that the allowed
buildable area is insufficient to
accommodate a modern home. Staff
would also note that the applicant’s proposed home has a main level foot print of 3,833 square feet,
only 212 square feet more than what could easily be accommodated within the approved building
pad.
The applicant has also stated that
their requested variance is needed to
have a private yard area for their
children, and that the presence of the
walking trail to the west means the
stipulated building area would not
accommodate this. Staff would note
that if the proposed building pad
were utilized a home could be
designed without the bump out
shown in staff’s concept sketch. This
change would result in the loss of
approximately 500 square feet of
main level living area, but would
provide a private yard area before
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the start of the bluff screened from public view by the mass of the home. The City Code would also
allow the construction of 4-foot wide walking trails or stairs from the home to the flat area in
between the upper and lower bluff sections, an area that could also be used to provide a private play
area. Alternatively, the applicant could extend the existing line of evergreens that runs
approximately one-half the length of the west property line to the southern property line. These
evergreens effectively screen the home to the north from public view and, were the line extended,
would provide the same benefit to the applicant.
The only portions of the applicant’s request that cannot be accommodated by the permitted building
area are the detached accessory structures as proposed and associated driveway. As can be seen in
the provided graphic, the vast majority of the proposed driveway is located within the bluff itself,
approximately half of the detached garage is within the bluff impact zone, and virtually the entire
detached garage is located within the 30-foot bluff setback. The proposed greenhouse is situated
partially within the bluff and entirely within the bluff impact zone.
The bluff ordinance was adopted in order to
prevent tree removal, grading, and the
installation of lot cover within the bluff. The
applicant’s proposed 5,729 square foot
driveway providing access to the detached
garage would represent a significant alteration
of the bluff, loss of vegetative cover, and
increase in lot cover. The construction of a
1,188 square foot detached garage within the
bluff impact zone would have a similar impact.
As noted by Engineering and Water Resources
staff, these alterations pose a significant risk in
increasing the erodibility of the bluff and
would likely cause significant
sediment runoff into the wetland
to the east. This large wetland
complex is part of Lake Harrison
and upstream impacts to the
shoreland and bluff area adjacent
to the wetland could lead to a
degradation of the wetland and
Lake Harrison. These are exactly
the types of impacts that the
City’s bluff ordinance, wetland
ordinance, and shoreland
ordinance were adopted to
prevent.
The applicant could avoid these
environmental impacts by placing
a somewhat smaller detached
garage in the northwest corner of
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the property. This location, shown in the picture to the left, would accommodate an 832 square foot
detached garage while maintaining the required 30-foot bluff setback. While this structure is smaller
than the 1,000 square foot maximum allowed by ordinance, a longer narrower design could likely
reach the 1,000 square foot limit while maintaining the required setbacks. Alternatively, the
applicant could construct a smaller storage shed or greenhouse elsewhere on the property to reach
the 1,000 square foot limit. Finally, staff would note that the proposed greenhouse could easily be
relocated to sit entirely on the flat area in between the bluffs, clear of the required 30-foot setbacks,
thus eliminating the need for a variance.
As part of the variance review process, staff requests other government jurisdictions review and
provide comment on requested variances. Typically, staff receives a note indicating that the agency
in question does not have a comment. In this case, staff received a letter from the Minnesota
Department of Natural Resources (DNR). This letter recommend that the City deny the requested
variance due to the availability of buildable area on the site. The DNR observed that statewide
standards exist restricting the development of bluffs near shoreland areas due to their vulnerability to
erosion that can negatively impact water quality. They further note that the bluff impact zone is
considered the area most susceptible to degradation and that development within it destroys critical
habitat. They conclude by noting that variances to these standards should be rare, only for
exceptional situations. Staff has included the full letter as an attachment.
Staff agrees with the DNR’s assessment of the importance of protecting these ecological areas, and
notes that the City has consistently acted to protect these areas by establishing ordinances protecting
bluffs, the shoreland, and wetlands and requiring variance requests impacting these areas to
demonstrate that no reasonable alternative exists to develop within the bounds of the ordinances. It
was precisely for these reasons that the initial 2005 variance request from the bluff setback standard
for this lot was denied.
The proposed variance would involve a greater impact to the bluff than the previously denied
request. Due to the potential for
this variance request to damage
the bluff, trees, and adjacent
wetland combined with
availability of a viable building
pad outside the required bluff
setback, staff strongly
recommends that the requested
bluff variances be denied.
Shoreland Setback
The property has a 150-foot
setback from the ordinary high
water level of Lake Harrison. This
is due to Lake Harrison’s
classification as a natural
environmental lake. The
applicant’s proposed driveway is
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setback approximately 98-feet from the shoreline at its closest extent, the greenhouse is setback
about 94-feet at its closest extent from the shoreline, and the detached garage is setback around 134-
feet from the shoreline at its closes extent. The City Code requires driveways to abide by structure
setbacks and only permits one water-accessory structure with a maximum size of 250 square feet to
be located within the 150-foot shoreland setback. Staff notes that the applicant indicated a shoreline
elevation of 995.5 feet; however, the ordinary high water level that the setback is actually measured
from is 993.3 feet. As a result of this discrepancy, it is likely that the structures do not encroach as
far into the required setback as is indicated above, but staff believes all of these features will still be
partially within the 150-foot setback of the ordinary high water level.
It should be noted that were the greenhouse moved to a location outside of the 30-foot bluff setback,
as recommended in the above section, and the detached garage built in the available area northwest
of the property, the applicant would be able to construct the greenhouse within the 150-shoreland
setback without any variances. In this scenario, the greenhouse would count as the property’s water-
oriented accessory structure.
Staff’s concerns with the requested shoreland setback variance revolve around the large amount of
grading, vegetative removal, and lot cover being proposed within the shoreland setback. As was
noted in the earlier discussion of the requested bluff variance, the City’s lakes and wetlands are
important environmental resources. The risk that grading, vegetative removal, and lot cover pose to
aquatic resources increases the closer these impacts are to the shoreline and wetland. All of these
risks are further elevated when the shoreland area is characterized by steep slopes, as is the case on
this property. It is for this reason that Section 20-481.e.5 of the City Code requires staff to evaluate
building permits for the potential soil erosion impacts of driveways, structures, and other
improvements on steep slopes within the shoreland management zone.
In this case, the Engineering department believes that the bluff and underlying soils are moderate, if
not severe, erosion hazards and that the construction of the proposed improvements would increase
concentrated flow conditions and/or increase the rate of drainage. Water Resources staff have echoed
these concerns by noting the important role that the root structure of the existing vegetation plays in
protecting and reinforcing the slopes and soils on the bluff. The proposed removal of vegetation and
installation of lot cover within the bluff within the shoreland setback would likely cause significant
sediment runoff into the wetland. As was noted by the DNR in their comments, erosion can have
significant water quality impacts.
Due to importance of protecting the portions of the bluff within the 150-foot shoreland setback, the
availability of alternative building sites, and the risks the proposal poses to the quality of the
wetlands and Lake Harrison, staff strongly recommends that the requested shoreland variances be
denied.
Accessory Structure Size
It addition to the bluff and shoreland variances discussed above, the applicant is also requesting a
variance to exceed the City’s 1,000 square foot detached accessory structure size limit. The applicant
is proposing construction of a 1,188 square foot detached garage and 230 square foot green house.
Since the City’s size limit applies to the cumulative square footage of all detached accessory
structures on the property, the applicant’s proposal would require a 418 square foot variance.
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Requests to exceed the City’s 1,000 square foot detached accessory structure size limit are primarily
evaluated against the reasonable use standard. In this context, reasonable use is understood to be a
use enjoyed by the majority of properties within 500 feet of the applicant. Staff surveyed aerial
photos of the surrounding properties and found that no property in the area has detached garages or
large detached storage sheds. Since no comparably sized structures exist in the surrounding area and
the City Code has established that 1,000 square feet of detached accessory structures provides
sufficient onsite storage for residential uses, the applicant’s proposed use does not meet the
reasonableness standard.
Staff has also been contacted with concerns that the applicant will use the proposed accessory
structure in conjunction with his construction business. Concern has been expressed that
construction equipment traveling through residential streets will disrupt the existing residential
character of the neighborhood. Staff notes that there have been previous and ongoing issues with the
applicant using the parcel to store construction equipment and that contractor’s yards are not
permitted in the Single-Family Residential District. Indeed, one of the primary reasons the City acted
to limit accessory structures to a maximum of 1,000 square feet is that such structures were
endemically used to house home occupations in violation of City ordinance. While nothing in the
requested variance would give the applicant permission to utilize the property as a contractor’s yard,
allowing the proposed accessory structure would facilitate the storage of large amounts of equipment
on the property and would make it very difficult for staff to enforce the home occupation ordinance.
Staff notes that the proposed configuration of the detached garage permits two levels for vehicle and
equipment storage, with each level accessed by its own driveway leg. The garage also features an
upper level. A detached garage of this configuration is not typical within the RSF district and staff is
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very concerned that it would be used as part of the applicant’s construction business in violation of
City ordinance.
Due to the fact that no comparable detached accessory structures exist in the area, the fact that the
proposed detached garage is not typical for the RSF district, and the intent of the City Code to
prevent the construction of large accessory structures which could be used for home occupations,
staff strongly recommends that the requested detached accessory structure size variance be denied.
Impact on Neighborhood
Lake Harrison is a newer subdivision
located near numerous sensitive
environmental features including
bluffs, Lake Harrison, and several
wetlands. During the subdivision
process, the developer requested a
variance to build within the 30-foot
bluff setback and grade within the 20-
foot bluff impact zone. The City
Council denied this initial variance
request in part due to concerns that
granting the requested variance would negatively impact the bluff, trees, and wetlands present on
this lot. These environmental features are part of the essential character of this parcel and this section
of the City. The City Code only allows for the granting of variances when “the variance, if granted,
will not alter the essential character of the locality” and granting this variance would irrevocably
alter and degrade the protected environmental features on this property.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny
the requested bluff setback and impact zone variances, deny the requested shoreland variance, and
deny the 418 square foot variance from the detached accessory structure size limit, and adopts the
attached Findings of Facts and Decision.”
ATTACHMENTS
1. Findings of Fact and Decision
2. Development Review Application
3. Variance Request Description
4. Variance Request Letter
5. Proposed Plan
6. Affidavit of Mailing of Public Hearing Notice
7. WRC Memo
8. ENG Memo
9. ERS Memo
10. Minnesota DNR Letter
11. Email from Resident
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Todd Carstensen for a bluff setback variance, bluff impact zone variance,
shoreland variance, and detached accessory structure size limit variance to build a single-family
home, driveway, and detached accessory structures on a property zoned Single-Family
Residential District (RSF) – Planning Case 2020-20.
On October 6, 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 12, Block 1, Lake Harrison
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: Section 1.7.3 “Natural Resources” of the Comprehensive Plan lists Goal 1 as
The City recognized the importance of its natural environment to the quality of life for
its citizens and need to protect and enhance these resources.” The three policies
associated with goal are:
1. Preserve natural slopes whenever possible.
2. Seek to connect natural areas whenever possible
3. Preserve wooded areas, plant communities and native habitat whenever possible.
In furtherance of this goal and these policies, the City has enacted and enforced a bluff
protection ordinance since 1991. This ordinance predates the creation of this lot and is
intended to prevent the creation of structures within 30-feet of bluffs and prevent
vegetative clearing, grading, and the installation of lot cover within the bluff impact zone.
When this lot was first proposed in 2005, a variance from these standards was requested,
and the City Council denied the variance in order to protect the bluff and trees and
2
allowed the creation of the lot only after it was demonstrated that a viable building area
was present outside of the required bluff setback.
Granting a variance to permit extensive vegetative removal, grading, and lot cover to be
placed within the required bluff setback, bluff impact zone, and shoreland setback would
not be in harmony with stated purpose and intent of the City’s Zoning Code, nor would it
be consistent with the goals and policies of the Comprehensive Plan.
Similarly, the City’s shoreland ordinance is intended to prevent lot cover from being
installed near the shoreline, limit vegetative removal, and protect steep slopes. The
applicant’s proposed encroachments into this environmentally sensitive area are not in
keeping with the intent of the Zoning Code.
The City’s limit on detached accessory structure square footage is intended to provide for
reasonable onsite storage space on residential lots without permitting the construction of
large outbuildings not in keeping with the character of single-family neighborhoods.
Another goal of the detached accessory structure size limit is to prevent buildings that
would lend themselves to being used to conduct home occupations in violation of City
Ordinance from being constructed. The applicant’s requested variance from these
standards would create the type of detached accessory structure that the ordinance was
adopted to prevent, and would not be in line with the intent of the zoning code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Finding: A single-family home and detached accessory structures conforming to the
requirements of the City Code can be constructed on the lot without a variance. The
applicant could comply with all provisions of the City Code by relocating and
redesigning the proposed structures.
While the applicant would not be able to construct the accessory structures at their
proposed size without a variance, no property within the area has accessory structures
similar to what the applicant is proposing and the City Code allows for the construction
of accessory structures of sufficient size to accommodate typical residential storage
needs.
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: On any property, a landowner’s preferred building site or home configuration
may not be permitted due to setbacks, topography, wetlands, environmentally sensitive
3
features, or other provisions of the Zoning Code. In this case, the property has a usable
building area that the applicant does not want to utilize. The inability to build in one’s
preferred location is not a plight caused by circumstances unique to the property, but
rather a plight created by the landowner’s proposed building location.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This location is characterized by environmental features including a bluff,
trees, and a portion of the Lake Harrison wetland complex. Granting a variance allowing
for significant tree clearing and grading within the protected bluff area and shoreland
setback would alter and degrade the protected environmental features on this property,
negatively impacting 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 #2020-20, dated October 6, 2020, prepared by MacKenzie Young-
Walters, is incorporated herein.
4
DECISION
The Chanhassen Board of Appeals and Adjustments denies the requested bluff setback
and impact zone variances, denies the request shoreland variance, and denies the 418 square foot
variance from the detached accessory structure size limit, and adopts the attached Findings of
Facts and Decision.”
ADOPTED by the Chanhassen Planning Commission this 6th day of October, 2020.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
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COUTIUNTTY DEVELOPHENT DEPARTilENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (9521227-1 100 / Fax: (952) 227-1110
Submittal Det : /(>
APPLICATION FOR DEVELOP
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Section 1: Application Type (check all that apply)
Refer lo the aD4.rcpdate Application Checkfist lot nquidd sub,I1,iftal intormd'tion thal musl eccompony this agdk atio/t)
E Att others......
E Rezoning (REz)
E Phnned Unit Development (PUD) .
E Minor Amendment to existing PUD
I Comprehensive Plan Amendment......................... $600
E Minor MUSA line for failing on-site sewers..... $100
E Conditional Use Permit (CUP)
E Single-Family Residence ................................ $325
E at ottrers...... ......................$425
E lnterim Use Permit (lUP)
ln conjunction with Single-Family Residence.. $325
3oo
600 + $15 per lot(_
tors)
E Metes & Bounds (2 lots)..................................$300
E Consolidate 1ots.............................................. $1 50
E Lot Line Adjustment......................................... $150EFinalPlat...................... ....... $700
lncludes $450 escrow for attomey costs)'
Additional 6scmw may b€ requirBd for other applications
through thg dewlopmant contracl.
E Vacation of Easements/Right-of-wey (VAC)........ $300
Additional Ecolding f66s may spply)
@ Variance (VAR).s200
E subdivision (suB)
E Create 3 lots or less .
E Create over 3 lots.....
n Wetland Alteration Permit (WAP)
E Single-Family Residence......
E Alt others.
n zoning Appeal
n Zoning Ordinance Amendment (ZOA)
s425
750
100
s00! ett ottrers..
n Sign Plan Review..........
I Site Ptan Review (SPR)
150
s00
s100flAdministrative
E Commercial/lndustrial Districts'
Plus $10 per 1 ,000 square feet
m Use Permit
E Variance
E Easements L easements)
150
275
100
s500
3 Per address
addresses) &l'' ?
50 perdocumentEsitePlanAgreementnWetlandAlterationPermit
E Deeds
TOTAL FE
of building area:(
thousand square feet)
lnclude number of 9!9ll!49 employees'
E Residential Districts........s500
Plus $5 per dwelling unit ( units)
Property Owners' List within 500' (city to gsnsEts sftor prHpplication m€eling)
lnclude numb6r of !€U employ66:
Escrow for Recording Documents (check a
n Conditional Use Permit
E Vacation
E Metes & Bounds SuMivision (3 docs.)
qIE: Wh.n multiplr applic.tionr .r. proc.a!.d concuronuy,
the appropriato tcr lhall bo chargod tor aach spplication.
4't
ll that apply)....
fl lnteri
Section 2: Required lnformation
Description of Proposal: New single family residence with attached garage
5915 HighoverLanePropertyAddressorLocation:
parcet #: 254170120
Total Acreage:
Present Zoning
Legal Description Lot '12, Block 1 Lake Harrison
3.55 Wetlands Present?ZvesEruo
Mixed Low Density Residential District (Requested Zoning . Mixed Low Density Residential District (R-
Reouested Land lJse Desion'
cllro"11on.
Residenlial Low Density
F CHANHASSEN
Present Land Use Designation
Platted undevelopedlandExistingUseofProperty:
E]Check box if separate nanative is attached
AUG 14 2020
CI{AMIASSEN PI.AMIIIIG DEPT
CITY OI CHAI{IIASSII'I
lq()b 6GOay Review Oate:
Residential Low Density
is application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing lhis application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specilic ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business da)rs of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERW OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to flle this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the applicalion or during the appeal period. lf this application has not been signed by
the property owner, I have attached sryJate documentation of full legal capacity to file lhe application. This application
should be processed in my name and lam 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 fe6s may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to procsed with the study. I certify that the information and exhibits submitted are true and correct.
Name Contact:
Phone:Address
Date:
Name:///6//ot/e/L /. c
City/State/Zip
Email:
TT c-1/4//uar C-ALU
City/State/Zip
2aoy'[>r'ru./ co,--
City/State/Zip
Email:
Contact:
Phone:
Cell:
Fax:
Cell:
Fax:
Taaz clre-?ff4/
v) -,
Cd4lr.rc-q ..!,r' SYJ/a .Z -7
Signatu Date:
PROJECT ENGINEER (if applicable)
Name:Contact:
Phone:
Section tl: Notification lnformation
Who should receive copies of staff reports?*Other Contact lnformation:
Name:E Property Owner Via
Applicant Via fttr E Mailed Paper copy
Maited Paper Copy
uaiteo Paper Copy
uaiteo Paper Copy
Email
Email!
Engineer Ma: EEmailEOthefVia: E Emait
City/State/Zip:
Email:
INSTRUCTIONS TO APPLIGANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to crty along with required documents and paym€nt. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORM SUBMIT FORM
Signature:
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the flling 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 mpelf informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
b€ charged for consulting fees, feasibility studies, etc. with an estimale prior to any aulhorization to proceed with the
study. I certify that the information and exhibits submitted are true and conect.
Add ress:
Email:
Addressl
Cell:
Fax:
Address:
PRINT FORM
September 8k, 2O2O
City of Chonhossen
Regording 6915 Highover Drive
Chonhossen, Minnesoto
Written Justificotion of how requesl complies with the findings for gronting o vorionce os follows:
o. Vorionces sholl only be permitted when they ore in hormony with the generol purposes ond intent
of this Chopter ond when lhe vorionces ore consislenl with the comprehensive plon
o. Yes,
b. When lhere ore proclicol difficulties in complying with the zoning ordinonce. "Procticol difficulties,"
os used in connection wifh gronting of o vorionce, meons lhot the property owner proposes lo use
the property in o reosonoble monner nol permitted by this Chopter. Proaicol difficulries include,
but ore not limiled ro, inodequote occess lo direct sunlight for solor energy systems.
o. Multiple procticol difficulties exist
c. Thot the purpose of the voriotion is not bosed upon economic considerolions olone.
o. The voriotion is not due to economic circumslonces
d. The plighr of lhe londowner is due to circumstonces unique to the property not creoted by the
londowner.
o. The circumslonces ore nol due to the londowner
e. The vorionce, if gronted, will not olter the esseniiol chorocler of the locolity.
o. The proposed vorionce will noi olter the essenliol chorocter of the locolity.
f. Vorionces sholl be gronted for eorth sheltered conslrucfion os defined in Minnesoto Sfotufes
Section 2l 6C.06, subdivision I 4, when in hormony with this Chopter.
o. This does not dpply
September 8k, 2O2O
City of Chonhossen
Regording 6915 Highover Drive
Chonhossen, Minnesoro
To whom it moy concern:
My fomily ond I ore proposing to build o new home on the undeveloped lor 12, Block I of Loke
Horrison 2"d Addirion subdivision. We fell in love with this spot 7 yeors ogo ond decided to moke
it our own, We hove been working with the city ond orchitects for over 3 yeors os we lry to creote
o smoll, privote home lhot treods lightly in the currently wooded property.
There exist multiple procticol difficulties on this property. The slope is consistently steep providing
olmosl no ploce withoui bluff setbock on which to build o home, none of which is odequote for o
home of current size. ln oddition, the developer obtoined o very smoll oreo os o "buildoble oreo".
Following the definition of bluff, this oreo is in focl, not conforming either, moking fiis entire
property unbuildoble. These conditions existed prior to us buying it.
My fomily wishes to move to lhis property to enioy the noturol environment it hos with beoutiful,
elevoted views of Horrison Loke surrounded by trees which we love so much. We hove seen mony
onimols run oround through there os well os o couple of gome troils they follow frequently. We
intend to moke il our forever home thot hides omongt lhose mony mqlure lrees.
Sincerely,
The Corstensen's
18318 Minnetonka Blvd Deephaven, MN 5539'1
Page '1 of 1
ln oddirion to the obove procticol difficulty, the oreo designoted to build o home r's neorest the
public wolking poth with little lo no privocy. Thot oreo is quite open without trees or privocy due
to the conslruclion of high tension power lines obove. The home locolion would hove hod no
privote oreo odiocent in which to hove o yord for our children to ploy.
VARIANCE SET
4 SEPTEMBER 2020
Copyright 2020
HIGHOVER
LANE
GARAGE
6915 HIGHOVER LN
CHANHASSEN, MNBLUFF(>
30% SLOPES)
BUILDING SETBACK BLUFF
IMPACT ZONEBUILDINGSETBACKBLUFF
IMPACT ZONE
BLUFF LINE
BUILDING SETBACKBUILDING SETBACK APPROX.
TOTAL LOT AREA 159,
433 sq
ft BUILDABLE AREA 3,
222 sq
ft BUILDABLE AREA 11,019 sq ft
CONFORMING AREA CALCULATIONS TOTAL LOT AREA
159,433 SF TOTAL BUILDABLE AREA
14,241 SF PERCENTAGE OF BUILDABLE
AREA 8.
9%CONFORMING AREA0
VARIANCE SET
4 SEPTEMBER 2020
Copyright 2020
HIGHOVER
LANE
GARAGE
6915 HIGHOVER LN
CHANHASSEN, MN
S.L. GRADE
1061.88'
BLUFF(>30% SLOPES)BUILDING
SETBACKBLUFFIMPACTZONEBUILDING
SETBACKBLUFF IMPACT
ZONE BLUFF
LINE BUILDING SETBACKBUILDING
SETBACK M.
L. DECK 1085.5'
M.L.
ON
POSTS
M.
L.
CANTILEVER
1062'
1064'
1066'
1080'1084'
1084'1082'
1085.
5'
EXISTING
DRIVEWAY
1068'
1070'
1072'
1074'
1076'
1072'1074'1076'
1078'L.
L.
DECK 1073.
68'GREENHOUSE ELEV.=
1046'GARAGE 1084.5'M.
L. SUBFLOOR 1086.0'L.
L. SUBFLOOR 1074.18'S.
L. SLAB
1062.35'DETACHED GARAGE M.
L. ELEV.=1048.0'L.
L. ELEV.=
1034.44'
GRASS PAVE
GRASS
PAVE
GRASS
PAVE PATH PATH
LAWN PROPOSED SITE PLAN
0 20 40
60 PROPOSED HARDCOVER CALCULATIONS
HOUSE 1,383 SF HOUSE ABOVE
GRADE 1,169 SF
GARAGE 1,270 SF
DECK & STEPS 882 SF
ENTRY & WALK 338 SF
DRIVE 5,395 SF
DETACHED GARAGE
1,188SF GREENHOUSE 230SF TOTAL
HARDCOVER 11,855 SF TOTAL LOT
AREA 159,433 SF PERCENTAGE
VARIANCE SET
4 SEPTEMBER 2020
Copyright 2020
HIGHOVER
LANE
GARAGE
6915 HIGHOVER LN
CHANHASSEN, MN
S.L. GRADE
1061.88'
BLUFF(>30% SLOPES)BUILDING
SETBACKBLUFFIMPACTZONEBUILDING
SETBACKBLUFF IMPACT
ZONE BLUFF
LINE BUILDING SETBACKBUILDING
SETBACK M.
L. DECK 1085.5'
M.L.
ON
POSTS
M.
L.
CANTILEVER
1062'
1064'
1066'
1080'1084'
1084'1082'
1085.
5'
EXISTING
DRIVEWAY
1068'
1070'
1072'
1074'
1076'
1072'1074'1076'
1078'L.
L.
DECK 1073.
68'GREENHOUSE ELEV.=
1046'GARAGE 1084.5'M.
L. SUBFLOOR 1086.0'L.
L. SUBFLOOR 1074.18'S.
L. SLAB
1062.35'DETACHED GARAGE M.
L. ELEV.=1048.0'L.
L. ELEV.=
1034.44'
10" Birch (
Remove)
GRASS
PAVE
GRASS PAVE
GRASS PAVE PATHPATH
VARIANCE SET
4 SEPTEMBER 2020
Copyright 2020
HIGHOVER
LANE
GARAGE
6915 HIGHOVER LN
CHANHASSEN, MN
S.L. GRADE
1061.88'
BLUFF(>30% SLOPES)BUILDING
SETBACKBLUFFIMPACTZONEBUILDING
SETBACKBLUFF IMPACT
ZONE BLUFF
LINE BUILDING SETBACKBUILDING
SETBACK M.
L. DECK 1085.5'
M.L.
ON
POSTS
M.
L.
CANTILEVER
1062'
1064'
1066'
1080'1084'
1084'1082'
1085.
5'
EXISTING
DRIVEWAY
1068'
1070'
1072'
1074'
1076'
1072'1074'1076'
1078'L.
L.
DECK 1073.
68'GREENHOUSE ELEV.=
1046'GARAGE 1084.5'M.
L. SUBFLOOR 1086.0'L.
L. SUBFLOOR 1074.18'S.
L. SLAB
1062.35'DETACHED GARAGE M.
L. ELEV.=1048.0'L.
L. ELEV.=
1034.44'
GRASS PAVE
GRASS
PAVE
GRASS
PAVE PATH
PATH LAWN AERIALPLAN
VARIANCE SET
4 SEPTEMBER 2020
Copyright 2020
HIGHOVER
LANE
GARAGE
6915 HIGHOVER LN
CHANHASSEN, MN
MAIN LEVEL
Elev.=1048'
10'-0"22'-
6 5/8"
EQ.EQ.
LOWEST GROUND
LEVEL Elev.=
1034.44'REFERENCE
LINE HIGHEST
SLOPEDROOFAVERAGE 12'14'16'
GRAPHIC SCALE 4'0'2'6'8'10'1 LOWER LEVEL FLOOR PLAN 2 MAIN
LEVEL FLOOR PLAN 3 UPPER LEVEL FLOOR PLAN 4 SOUTH ELEVATION 5
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COT'NTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
September 24,2020, 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 ofa Public
Hearing to consider a request for bluff, shoreland, accessory structure size, and other
variances to construct a new home and detached accessory structures on the property
located at 6915 llighover Lane. Zoned Single'Family Residential (RSF), Planning Case No.
2020-20 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 of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Subscribed and to before me
tL/, 2\ ^ -
f...t,ut I \ Yk t rrt:x A,Jt;-
rciilT. ffi*G*, ofitvctert
Seal)
JEAil M S:IEC|0f{G
i{dryPlalelrlYffir,dbFlrn,r@1
i'
Y
thi&1f).day of b*2020.
Notary Public
Subject
Area
6
r
Dbchlmer
Thb map is neither a legally re@ded map nor a suNey and rs not intended to be used
a3 one. Thb mep is a cornpila[,on of recoads, infomation end dat]a located in Yadous city.
counly. state and federalolfces and other sources rcgading the area shown, anat is to
be us€d for reErence purpos€s only. The City does not wanani that the Geographic
lnbrmatjon SFtem (GlS) Oata used to prepare this map arc eror free, and lhe Crty does
nol represent that the Gls Data can be used tor navigational. tracldng or any other
purpos€ requi.ing eracting measurement of distance or diredion or precjsion in the
defrclion of eeogBphic featues. The preceding disdaimer as provided pu6uant to
Minnesda Statnes 5456 03, Subd. 21 (2000). and the user of this map actnowledg€s
0tat the C,ty shall nol be liable for any damages, and expre3sly waives all daims. and
agGes to debnd. indemnify, and hold harmless the cfty lrom any and all c.iaims brought
by User, its employees or agents. or third Farties which arise out of the usels access or
use of data provtded.
Next RecordE(TAX-NAMET
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Subject
Area
Dircblnot
mis map as ne(her a l€gally Ecorded map nor a sutuey and i3 rlot intended to be us€d
as one. This map is a compilabdn of lecords. antomatioa and data located in various qty,
counv. state and federal offces and other soorces r€gading lhe area shown, and is to
be u+d ior rehrence purposes only. The City doe3 nol wananl that the Geographic
lnforBation Systern (GlS) Data us€d lo Fepare this map are enor fee. and the Clty does
not Epresent that the Gls oata can be used lof naviFtronal. reckang o. any other
purpoee reqt,iring exacling measuEment ot distance or diection or preosioo in the
ilepiclion of geographic batu.es. The preceding disclaimer as p,ovided pu6uanl to
Minn6ota StaMes 5466.03, Subd. 21 (2000) and the user ot this map acknowledgp-s
tlrat t|e City shall not be liable for any damages. atrd expressly waa\res tll daims and
agrees to detend, indemniry. ancl hold hamless the city fro.n any and all daams btought
bt User, its employees ot aoents, or third parlies which ad6e out of the usel's access or
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22
Memorandum
To: MacKenzie Young Walters, Associate Planner
From: Matt Unmacht, Water Resources Coordinator
Date: 09/18/2020
Re: Variance request at 6915 Highover Lane – Planning Case 2020-20
BACKGROUND
The Water Resources Department has reviewed the Variance submittal for 6915 Highover Lane.
The applicant is requesting a bluff, shoreland, accessory structure size and other variances to
construct a new home and detached accessory structures on the property.
The City’s bluff protection ordinance (Chapter 20, Article XXVIII) is designed to protect the
natural character of the land and mitigate against potential erosion and visibility issues that
arise with bluff impacts. In addition, the City’s Shoreland alterations ordinance (Sec. 20-482) is
designed to protect shoreland areas from vegetation and topographical alterations to prevent
erosion, fix nutrients, preserve shoreland aesthetics, and protect fish and wildlife habitat. Due
to the important role that these ordinances plays in protecting the quality of the City’s bluff and
shoreland areas, the City should take extra caution when reviewing potential bluff and
shoreland impacts.
The applicant’s proposal shows the construction of a home, detached garage, associated
driveways, walking path and greenhouse on the property. Nearly all of the proposed
construction would occur within a bluff and/or bluff setbacks on the property. Such
construction would require significant grading and vegetation removal in these areas. The root
structure of mature trees that would be removed for this construction stands to protect and
reinforce the slopes and soils on the bluff. The removal of this vegetation would pose a
significant risk to the erodibility of the bluff and would likely cause significant sediment runoff
into a wetland (see below).
As noted above, a large wetland complex exists both on and adjacent to the property. This
wetland complex is part of Harrison Lake and is classified as Manage 2 per the City’s Wetland
Classification Map. Significant upstream impacts to the shoreland and bluff area adjacent to this
wetland could lead to further degradation, which ultimately leads to Harrison Lake. This
wetland, and Harrison Lake as a whole, also provide significantly valuable fish and wildlife
habitat that could potentially be harmed by erosion and runoff issues caused by shoreland and
bluff impacts.
In addition, the applicant’s proposal shows multiple structures within 150 feet of the ordinary
high water level of Harrison Lake (993.6 feet). Per Sec. 20-481 of the City Code, one water
oriented accessory structure may be setback a minimum of ten feet from the ordinary high
water level. This ordinance is designed to minimize development and lot cover near a lakeshore
to protect the water quality and mitigate against potential flooding hazards. As currently
proposed, both structures are considered too close to the lakeshore.
CONCLUSION/RECOMMENDATION
The proposed project poses many risks to the integrity and erodibility of the bluff and
shoreland areas. These include, but are not limited to, significant erosion and sediment control
risks, destruction of fish and wildlife habitat, and degradation of a wetland that protects a
significant natural resource. Due to these significant impacts, Water Resources staff
recommends denial of the bluff, shoreland, accessory structure size, and other variances.
Memorandum
To: MacKenzie Young-Walters, Associate Planner
From: Erik Henricksen, Project Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Matt Unmacht, Water Resources Coordinator
Date: 9/23/2020
Re: Bluff, Shoreland, Accessory Structure Size, and Other Variance at
6915 Highover Lane – Planning Case #2020-20
The Engineering Department has reviewed the Variance submittal for 6915 Highover Lane.
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 variances at 6915
Highover Lane are not in harmony and cannot 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, and should not be approved.
3. During the public hearing for the Lake Harrison subdivision held on April 19, 2005, the
Planning Commission addressed the developer’s request that Lot 11 (6905 Highover
Lane) and Lot 12 (6915 Highover Lane) of Block 1 receive a bluff setback variance. The
variance was denied by a vote of 6 to 0 by the Planning Commission. Justification from
staff for the denial of the bluff setback variance was that construction activities, the
location of structures, and future use of the area by the property owners would have
lasting, detrimental effects on the bluff and the wetland (Lake Harrison) below, and that
it would be in the best interest of the public good that the bluff be preserved as
required by Ordinance to protect the environmental and water quality of the site. In
order for the Lots to be platted with the Lake Harrison subdivision, the developer
provided justification to the viability of the lots by illustrating their buildable areas
which would meet Bluff Protection and Setback Ordinances. The Lots were found to
have adequate buildable areas that met City Ordinance, and were subsequently
approved. In an effort to catalogue this decision, the subdivision was conditioned as
follows: “The bluff area on the property shall be preserved. All structures must maintain
a 30 foot setback from the bluff and no grading may occur within the bluff impact zone
i.e., the bluff and land located within 20 feet from the top of the bluff).”
4. 6915 Highover Lane is adequately served by a 1” copper water service stub and a 6” PVC
sanitary sewer service stub, and has adequate ingress/egress via the private street
Highover Lane”.
5. The applicant is proposing grading and construction of a new house, detached garage,
greenhouse, and driveway extension. None of the proposed improvements are wholly
located in the buildable areas approved with the Lake Harrison Subdivision. The
applicant is proposing to construct, grade, and improve areas within the bluff, bluff
impact zone, and the bluff setback area. As was determined in 2005, staff still finds that
such plans would result in an increased danger of erosion, increased visibility to
surrounding properties, an endangerment to the natural character of the land and
would jeopardize the health, safety and welfare of the citizens of the city.
6. Furthermore, in accordance with Sec. 20-1404 (topographic alterations/grading and
filling) of the Bluff Protection Ordinance, an earthwork permit is required for the
movement of any material within bluff impact zones. An earthwork permit may only be
granted if the proposed alteration does not adversely affect the bluff impact zone or
other property. One factor in determining if there are adverse impacts are if in-situ soils
are classified to have moderate to severe erosion hazard classifications as mapped by
the Natural Resources Conservation Services (NRCS). The NRCS provides access to this
data through their Web Soil Survey. No such calculations, justification or determination
was provided by the applicant addressing impacts to the bluff impact zone per this
section of the City Ordinance. Additionally, topographic alterations/grading and filling
within the bluff impact zone shall not be permitted that increase the rate of drainage,
and, no concentrated flow conditions shall result from the alterations, in which the
applicant did not provide calculations, justifications or determinations to this
requirement. Regardless, staff believes that the bluff and underlying soils are
moderately, if not severe, erosion hazards and that the construction of the proposed
improvements would increase concentrated flow conditions and/or an increase in the
rate of drainage.
Proposed Conditions
1. N/A
MEMORANDUM
TO: MacKenzie Young-Walters, Associate Planner
FROM: Jill Sinclair, Environmental Resources Specialist
DATE: September 24, 2020
SUBJ: 6915 Highover Lane, Variances to construct a home, detached garage, etc.
The applicant is requesting a variance to construct a home, driveways, detached garage,
walkways and greenhouse on and within a bluff, bluff impact zone and bluff setback. The lot is
in the Lake Harrison subdivision which was approved in 2005. At the time of approval, staff
strongly recommended that Lot 12 not be approved as a home site due to existing and extensive
bluff areas and fragile woodlands. Staff was concerned about the significant and detrimental
impacts that construction would have on the bluff and existing woods on the site. The Planning
Commission also supported that position and voted to deny the bluff variance. The commission
was very concerned that the proposed development not negatively impact the bluff area on the
western portion of the property. The City Council chose to approve lot 12 as the developer
provided demonstration of a buildable area at the end of a private drive that would allow for
minimal impact to the bluff and existing mature woods. The developer requested variances from
the bluff setback for lots 11 and 12. They were denied by the City Council. A condition of the
Development Contract for Lake Harrison states:
L. The bluff area on the property shall be preserved. All structures must maintain a 30-foot
setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and
land located within 20 feet from the top of the bluff). “
An additional condition of approval, item BB, in the Development Contract states that:
Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be
replaced at a ratio of 2:1 diameter inches”.
Allowable tree clearing for lot 12 according to the tree preservation plan approved by the City
Council shows the highlighted area as being the only allowable clearing. If approved, the
applicant would be responsible for replacing every tree shown on the development plans at a rate
of two times the diameter inches removed.
The applicant has chosen not to abide by the proposed building site and has created the
circumstances necessary to apply for a variance. If granted, the variances will alter the essential
character of the locality by removing a large area of significant, mature, native trees and creating
runoff issues on a bluff. In 2005, staff had requested a Conservation Easement be put over the
east part of the lot to protect the existing woods, but it was advised that the Bluff Protection
Ordinance provided protection for the high quality woods found throughout the site. The tree
inventory submitted for the development showed that this lot included the premier species found
in native big woods: white oak, basswood, red oak, bitternut hickory, sugar maple, black cherry,
aspen, ironwood, birch, elm and ash. The sizes of trees included a range of ages proving that this
is a healthy, regenerative forest with trees ranging from saplings to 36 inches in diameter.
Protecting the existing natural features of the lot was the main concern of the staff and council in
2005 and should still be in 2020. If variances to the Chanhassen city code are approved, the
extensive building plans submitted, not only for a home, but also a detached garage, a green
house, driveways and walkways all throughout the wooded areas and bluffs will permanently
change the character of the neighborhood, the quality of the lot, and call into question the
necessity of any protections of natural resources provided by city code.
The applicant has repeatedly been in violation of the bluff ordinance and has failed to adequately
address the issues on site. Grading and tree removal has illegally taken place on the site and
must still be corrected by the applicant.
Staff recommends denial for all variance requests for 6915 Highover Lane
Ecological and Water Resources
1200 Warner Road
St. Paul, MN
September 14, 2020
MacKenzie Young-Walters
Associate Planner
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Greetings,
I have reviewed the information provided for the Planning Case 2020-20 variance request to build a home that
does not meet the bluff setback requirements. I recommend the variance be denied given a buildable area that
meets the bluff setback requirements does exist on the property. A desire to build in area that does not meet
the bluff setback requirement does not constitute a practical difficulty. The plight of the landowner is due to the
landowner’s desire to build in an area not in harmony with the bluff setback requirements.
The statewide standards were designed to protect shorelands from negative impacts caused by developing in
bluff areas. Consideration is given to bluff areas because of their vulnerability to erosion that case water quality
impacts. The bluff impact zone is considered to be the area most susceptible to degradation. In addition,
development within the bluff impact zone destroys critical habitat and impacts the scenic value and visual
quality of users of the lake resource.
Variances to shoreland standards are an important tool for balancing property rights with the public’s right to
clean water and healthy habitats. However, variances to shoreland standards should be rare and only for
exceptional situations. This is not one of those situations.
Sincerely,
Taylor Huinker
Area Hydrologist
CC: Dan Petrik, DNR Land Use Specialist
Jack Gleason, DNR South District Hydrologist Supervisor