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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