Written Justification dated 06-03-21June 3, 2021
CHAIIHASSEN PI.AI{NING DEPI
City of Chanhassen
Community Development Department
Planning Division
7700 Market Blvd
PO Box '147
Chanhassen, MN 55317
RE: WRITTEN JUSTIFICATION FOR SECOND VARIANCE REQUEST FOR 6609 HORSESHOE
CURVE, CHANHASSEN, MN 55317 COMPLIES WTH THE FINDINGS FOR GRANTING A VARIANCE
PURSUANT TO SECTION 20.58
Dear Planning Division,
As required by the City of Chanhassen, we are respectfully submitting this written justification in support of
our second variance request.
While the updated variance request information contained here is not overwhelming, we want to do this
proiect in the right way and go through the conect channels. Sometimes in projecls of this nature, you do
not know exaclly how a layout or plan is going to look or feel until you physically are on site. Seeing as we
started our plans nearly 2 years ago, there have naturally been some changes.
Sec. 20-58. General conditions for orantino.
To review, a variance may be granted if all of the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general purposes and inlent
of this chapter and when the variances are consistent with the comprehensive plan.
(2) When there are practical difficulties in complying with the zoning ordinance. "Practical
difiiculties,' as used in connection with the granting of a variance, means that the prop€rty owner
proposes to use the prop€rty 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.
(3) That the purpose of the variation is not based upon economic considerations alone.
(4) The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
(5) The variance, if granted, will not alter the essential character of the locality.
(6) Variances shall be granted for earth-sheltered construction as defined in M.S. S 216C.06, subd.
14, when in harmony with this chapter.
GITY OF CHANHASSEN
RECEIVEO
JUN 04 2021
Our second variance request is being done proactively, and we are trying to comply with the City of
chanhassenandabidebythestatedprovisionsofour&ady4@'withonlysomeSlight
modifications.
We understand that variances are requested when the strict enforcement of the ordinance would cause a
"practical difficulty" because of circumstances unique to the property, such as when the property cannot be
put to reasonable use because of its size, physicel sunoundings, shape, or topography. ln mnsideration
of all equities and hardships in this case, we believe that our application wanants favorable discretion, since
eveMhing we hope to do will improve the use of this property and reduce further degradation of the
property.
1. Reasonableness
We confirm that as homeowners, we propose to use our property in a reasonable manner. While we would
like to use our property in a oarticularlv reasonable wav, we cannot cunently do so under the rules of the
applicable ordinance.
At the current time, we do not have reasonable use of our lake property. With a severely sloped
property from the road to the house, and again from the front side to lake, there are essentially two
(2) limited flat areas on the lakeside for family recreation, including:
(1) lower patio area by the slider door that is accessible from our walk-out home.
(2) flat patio area by shoreline.
2. Uniqueness
Our cunent problem is due to circumstances unique to this property and was Ogllcaused by our actions. As
noted by the enclosed documentation, the physical characteristics of our property present unique
challenges due to the sloping topography and limited accessible space for use.
3. Essential Character
Provided this second variance is granted, the comprehensive plan will not alter the essential character of
our property or locality. The extension of our deck will not be out of scale, out of place, or otheMise
inconsistent with the sunounding area.
POTENTIAL CHANGES REQUESTED IN 2t,ID VARIANCE APPLICATION
1 . Extend bamboo composite deck off house 2 feet for a dimensional variance. This change amounts
to 14 feet instead of 12 feet. *'See discussion below.
2. Reduce overall length of bamboo composite staircase from lake to house to avoid damage and/or
removal of trees near the house. This change shortens the staircase overall from the lakeside to
the house. The comprehensive plan seeks to pIgSCryg the pre-existing tree canopy on the property.
We do not wish to disrupt the beauty ofthe mature trees that we have.
3. Replace the full concrete window well (which was originally designed as a three-sided retaining
wall) on west side of house with one ('l) main concrete retaining wall and living retaining wall (i.e.,
vegetation wall). The living wall was already approved in our first variance to be used on the
lakeside to replace the degraded retaining rock wall. We want to extend the use of this natural
product to the side of the house instead of concrete. The use of additional living walls will again
allow water to absorb into the soil and slow erosion. Living retaining walls function just as a
traditional stone or timber wall, and typically require much less actual building material to construct.
ln keeping with the plan, we hope to reduce storm water runoff and erosion.4. Shift new driveway location to the west 1 1 feet.
PRACTICAL DIFFICULTIES
*EXTENSION OF BAMBOO DECKING FROM 12 TO 14 FEET
We fully understand and respect that the City of Chanhassen remains concemed about the bluff setback.
We believe our request for 2 feet of bamboo decking is reasonable and comports with the normal and
customary use of the space without unduly impacting the bluff.
To go back in time, and in relation to one of the specific changes to our pro.iect details #1 above, we had
originally planned to install a full concrete slab as the terrace material outside the sliding door next to our
house. Due to concems raised by the City of Chanhassen concerning hardcover percentage with the
use of concrete, the size ofthe walkout deck was twelve (12) feet.
Upon further reflection, we ultimately selected a more user-friendly, non-hardcover bamboo
composite. This product is permeable, sturdy, and provides us with the necessary decking and stair
material to make less of an impact on the property overall. Unfortunately, when the plan was submitted to
the City of Chanhassen for review, the size of the deck did not account for the fact that it was no longer
concrete. ln other words, since the deck product changed to a permeable product and is NOT hardcover,
we are respectfully requesting an additional 2 feet of decking.
The extension of deckinq souarelv falls within the Sec. 20-58. General conditions for orantinq as
follows:
g\EEry: First, this additional soace provides more safetv to oeoole using the deck as a walkway to
pass through to go down lo lhe stairs and lake. As it stands, a 12-foot deck provides gglDe, but not ample
walk-through space, especially with the need for space to exist between the house and fumiture. Having
this added space would allow for reasonable use of the property, in a permissible manner and with due
reoard for safew. The two-foot dimensional variance is minimally required to account for safety
considerations. Therefore, we want to ensure lhat people are not tripping or losing their footing when
passing through on the deck. Creatino more accessible space for oeoole will reduce the ootential for
trips/falls or other accidents.
USER ENJOYMENT: Second,this sDace fundamentallv adds to the user enioyment and utilization
of the space, which would otherwise not be utilized for anything. ln other words, it increases the value of
the property. The normal flow of foot traffic was not fully undeGtood until the area was staked. We did not
realize this was going to be the case until the property was physically staked only a few weeks ago. Seeing
something in a drawing and then going into the field with stakes are different things. The enjoyment of this
property is, in fact, unique, in that there are basically two (2) areas where people can congregate: Either
we enjoy the space directly outside our walkout deck next to the house, or we go down to the lake.
CONCLUSION
lntheend'thefromwhatitisnow.ouraimistotry
and improve the natural enjoyment of the property while balancing the interests of the natural
environment. We have selected products and made changes that we believe improve the property and
preserve the surroundings. Thank you in advance for your due consideration of our request for a second
variance.
Sincerely,
NOT IMPEDING INTO BLUFF: Lastly, and perhaps most importantly, the addition of two feet of decking
does not impede into the bluff. There is no need tor an overhano. nor does this two-foot extension
reouire anv additional footinos. tree removal. or qradinq. These two feet of decking are a natural
extension over ground that would otherwise not be used.
Elise Bruner and Brian Bruner