Written Justification dated 06-04-21June 4,2021 CITY OF CHANHASSEN
RECEIVED
JUN 04 202t
CIIAI'JIIASSEN PI.AJ{I,JIiIG DEPT
RE: WRITTEN JUSTIFICATION OF HOW VARIANCE REQUEST FOR 6606
HORSESHOE CURVE, CHANHASSEN, MN 55317 COMPLIES WITH THE FINDINGS
FOR GRANTING A VARIANCE PURSUANT TO SECT]ON 20-58
Dear Planning Commission, City Council and Staff Members,
We respectively submit a request to amend portions of our approved variance
application from the City of Chanhassen for 6609 Horseshoe Curve - Planning Case
#2021-07. We are reaffirming our commitment to doing this project in the right way and
going through the proper channels and authorities. We realize this a unique
circumstance and not a typical request after previously applying and being granted a
variance on our project this past winter.
However, sometimes with projects of this nature, you do not know exactly how a layout
or designed plan is going to look or feel until you physically are on site, particularly in
our case and with how difficult the site constraints are for this project. Seeing as we
started our project nearly 2 years ago, there have naturally been some changes and
modifications to our initial designs over that time. This request to our original approved
variance is one such instance.
To go back in time, we had gone into the design for the landscape and exterior of our
home initially thinking we would do a new paved patio surface and walkout terrace to
replace an existing structure and patio that had previously existed on lake side portion
of our home. However, in our review with city staff, concerns were raised about the
impact this new paved surface would potentially have on overall hardcover for the
project and the impact impervious surfacing could have with stormwater runoff on the
top of a manmade bluff that existed on our property (created by the original home
construction in 1999).
Owing to the restrictions on hardcover percentage overall, we ultimately opted to utilize
a more user-friendly, pervious paving at-grade composite decking material for our lower
City of Chanhassen
Community Development Department
Planning Division
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
level patio space. This product is sturdy, maintenance free, and provides us with the
necessary surfaclng to create a useable flat space on a steep sloped property while
making less of an impact on the site.
We soon came to realize however that the 12' width we originally proposed is not fully
conducive to how we intend to use this space and are respectfully requesting to
increase the size of our approved new at grade deck by an additional 2 feet (going from
1 2' width to 14' width). These two feet of additional decking are being requested by for
the following reasons:
SAFETY: First, this additional space provides more safety to family, friends and guest
using the deck and provides us with the necessary width for us to have an unobstructed
walkway to pass through the space as you navigate to the front of the home or down the
lake. Our original variance application and approved plan shows a 12-toot deck. While
this provides enough room for seating and functionality, it doesn't allow for an efficient
walk-through space to navigate up and down the slope around the home. We recently
became concerned with the width of the deck once the new deck and planned new
stairways were physically staked for our review a few weeks back (as we are beginning
to start construction). Seeing aspects of our design in a drawing format and then going
into the field with actual stakes and dimensions are two very different things. We want
to ensure that people are not tripping, losing their footing, or having to step off the deck
and walk on the steep sloped areas of the bluff while navigating our new deck space at
the lower level of our home.
USE: Second, the additional 2' in width fundamentally adds to the functionality and
utilization of the lakeside deck space. lt gives much needed level space that is
navigable, safe and functional on a steep sloped property where level, functional
outdoor space is at a premium.
BLUFF IMPACT: Lastly, and perhaps most importantly, the addition of two feet of
decking does not impact the top of the defined bluff as we still would be located outside
of the defined top of bluff line indicated on our plans. This two foot extension takes use
of the existing flat area already created by the previous home design, patio and existing
boulder retaining wall and would not require any tree removal, or grading. The two feet
of decking are a natural extension over ground that would otherwise not be usuable.
To accommodate for this additional decking, we have also made other adjustments to
the original design by reducing the amount decking originally proposed on the east side
of the home.
ln closing, we want to express that our amended variance request for a two-foot
extension is being done proactively before the project is to be completed completed
We are trying to comply with the City of Chanhassen and abiding by the stated
provisions of our already-approved variance, with this minor adjustment.
Thank you for your due consideration with our requested revision
Below is a summarv of the oreviouslv ADDTO ved va ri a nce a ool i c ation w ritten
iustification:
Overview and lntroduction
My name is Elise Bruner, and my husband, Brian, and our daughter, Sieglinde, reside at
6609 Horseshoe Curve in Chanhassen. I am writing this written justification on behalf of
myself and my family. By way of background, I grew up in Chanhassen on the very
same property that is cunently under review by the Planning Division. The name of the
parcel of land, Alicia Heights, is, in fact, named after my mother, Alicia. My childhood
home, now 6611 Horseshoe Curve, was the only home I knew. The property of 6609
was split and sold in 1999 and the new home was built where we are living presently.
As such, I have a very deep connection to this property.
Practical Difficulties
We understand that variances are requested when the strict enforcement of the
ordinance would cause a "practical difficulty" because of circumstances unique to the
property, such as when the property cannot be put to reasonable use because of its
size, physical sunoundings, shape, or topography. ln consideration of all equities and
hardships in this case, we believe that our application wanants favorable discretion,
since everything we hope to do will improve the use of this property and reduce further
degradation of the property.
o Reasonableness
We confirm that as homeowners, we propose to use our property in a reasonable
manner. While we would like to use our property in a particularly reasonable way, we
cannot currently do so under the rules of the applicable ordinance.
At the current time, we do not have reasonable use of our lake property. With a
severely sloped property from the road to the house, and again from the front
side to lake, there are essentially two (2) limited flat areas on the lakeside for
family recreation, including:
(1) lower patio area by the slider door that is accessible from our walk-out
home.
(21 flat patio area by shoreline.
The rest of the land is not usable for quiet enjoyment beyond a nature-scape. To this
end, we wish to create livable space for reasonable use as follows:
o Build a lower-level deck patio ou ide the slider door that is directlv
accessible from our walkout home. There is currentl y nothing outside our
slider door other than dirt and weeds. Building a deck is a reasonable use and
extension of our home.
o Build a staircase from the lower-level deck D ati o to the lakeshore.We
currently have no easy access to the lake without concern for falling, tripping, or
losing one's balance. We have witnessed able-bodied friends slip while trying to
get down to the lake, and anyone with physical limitations would arguably not be
comfortable going down to the lake. Without an appropriate staircase, this will
continue to be a problem. The distance from our lower-level slider door to the
lakeshore is about 117 teel and has a 29.75-foot grade change. This is just over
a 25% slope.
Build a modular (removable oieces) shoreline deck oatio near the
lakeshore. This would comport with necessary setbacks and allow access for
maintenance of the utility line in thls area.
a
a
Our current problem is due to circumstances unique to this property and was not
caused by our actions. As noted by the enclosed photographs and topography, the
physical characteristics of our property present unique challenges due to the sloping
topography and limited accessible space for use.
When we purchased the property in 2016, the home, boulder retaining walls, lakeshore
platform, and lack of staircase were all pre-existing factors. ln 2019, we removed a 144
square-foot bump out on the lakeside of the house, as well as a deck that protruded
toward the lake 8 feet as part of an extensive home remodel that was approved by the
City of Chanhassen. Those structures are no longer present. However, without certain
reasonable improvements, the current state of the property is not sustainable for
enjoyable use over the long run.
U n iqueness
a Boulders rollinq down the hill - On June 21 , 2020, boulders that are present in
an already dilapidated retaining fall came loose and rolled dovvn the hill due to
the rains. The boulder retaining wall is no longer safe and has already caused
damage to the pre-existing shoreline platform. There are about 5 large boulders
that have already rolled down the hill. Please see enclosed pictures for proof.
We anticipate that without a new retaining wall, erosion and damage will
continue.
o Run off around the house and down the hill - Without an a ppropriate
drainage plan, sediment, rocks, etc. will continue to degrade the property and
ultimately go into the lake - which is what we remain concerned about.
Without improvements, the pre-existing susceptibilities of the property will only continue
to grow.
o Essential Character
Provided the variance is granted, the comprehensive plan will not alter the essential
character of our property or locality. The resulting structure of the boat house, as well
as the stairs and deck, will not be out of scale, out of place, or otherwise inconsistent
with the surrounding area. Please see enclosed photographs for similarly situated
staircases and boathouses on Lotus Lake.
Use of permeableLleeksurfaees will allow water to percolate into the soil toa
a
filter out pollutants and recharge the water table. As noted in the enclosed
comprehensive plan, we intend to use permeable deck material on the lower-
level patio, staircase, and lakeshore deck to ensure that water is properly
channeled into the underlying soil, which will force slow percolation during
periods of heavy rainfall.
Use of Livinq Walls will a gain allow water to absorb into the soil and slow
erosion. As noted in the enclosed comprehensive plan, we intend to use a living
wall instead of the pre-existing boulder retaining wall. Living retaining walls
function just as a traditional stone or timber wall, and typically require much less
actual building material to construct. ln keeping with the plan, we hope to reduce
storm water runoff and erosion.
. @ Application of fescue on the lakeside
slope is cunently present, as we have already had great success with the
The proposed comprehensive plan is more orotective of the environment than
what is currentlv present. Please consider the followinq:
product, but we will continue the seeding of the entire lakeside area accordingly.
The use of this product is environmentally friendly due to the relatively deep root
systems (4-9"), which enhance droughlresistance by reducing water loss and
reaching deeper water reserves. Due to the nature of the fescue, once planted, it
requires only minimal water and no chemical fertilizers or pesticides for proper
maintenance.
. @The comprehensive plan seeks to preserve the
pre-existing tree canopy on the property. We do not wish to disrupt the beauty of
the mature trees that we have.
Conclusion
Thank you in advance for your due consideration of our request for a variance.
Sincerely,
Elise Bruner and Brian Bruner