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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