PC Staff Report 8-17-21PLANNING COMMISSION STAFF
REPORT
Tuesday, August 17, 2021
Subject Approve a Request for a Variance to Allow Construction of an Accessory Dwelling Unit (ADU)
Within an Existing SingleFamily Residence on Property Located at 1800 Lake Lucy Road
Section PUBLIC HEARINGS Item No: B.1.
Prepared By MacKenzie YoungWalters, Associate
Planner
File No:
PROPOSED MOTION:
The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves the variance
request for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approval and
adopts the attached Findings of Facts and Decision.
SUMMARY OF REQUEST
The applicant is requesting a variance to remodel their basement to create a second dwelling unit, commonly called an
accessory dwelling unit (ADU). They have stated that the intent of the variance request is to allow their children to
move in with them since the applicant has developed health concerns and would like to live with their family. Since the
City Code restricts lots zoned Rural Residential to having a singledwelling unit, a variance is required to permit this use.
The applicant has stated that the renovations and addition will not significantly alter the home’s appearance, and that
since their home is situated on a wooded 2.5 acre lot, the changes would not be visible from the street. They have also
noted that their design calls for the upper and lower level to be connected by two stairways which will be left open and
that the utilities will not be split.
Generally speaking, the City cannot grant a variance for uses; however, Section 2059 does allow for the City to grant
variances for use of a singlefamily dwelling as a twofamily dwelling, so long as four conditions are met. A variance of
this nature has been requested four times since 2000, and all four of these requests were granted once the applicants
demonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’s
proposed home and statement of need, and believes that they meet the requirements outlined in Section 2059 of the
City Code for granting the requested variance. For this reason, staff recommends approval of the requested variance.
APPLICANT
Merle and Diane Steinkraus, 1800 Lake Lucy Road, Excelsior, MN 55331
SITE INFORMATION
PLANNING COMMISSION STAFFREPORTTuesday, August 17, 2021SubjectApprove a Request for a Variance to Allow Construction of an Accessory Dwelling Unit (ADU)Within an Existing SingleFamily Residence on Property Located at 1800 Lake Lucy RoadSectionPUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: PROPOSED MOTION:The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves the variancerequest for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approval andadopts the attached Findings of Facts and Decision.SUMMARY OF REQUESTThe applicant is requesting a variance to remodel their basement to create a second dwelling unit, commonly called anaccessory dwelling unit (ADU). They have stated that the intent of the variance request is to allow their children tomove in with them since the applicant has developed health concerns and would like to live with their family. Since theCity Code restricts lots zoned Rural Residential to having a singledwelling unit, a variance is required to permit this use.The applicant has stated that the renovations and addition will not significantly alter the home’s appearance, and thatsince their home is situated on a wooded 2.5 acre lot, the changes would not be visible from the street. They have alsonoted that their design calls for the upper and lower level to be connected by two stairways which will be left open andthat the utilities will not be split.Generally speaking, the City cannot grant a variance for uses; however, Section 2059 does allow for the City to grantvariances for use of a singlefamily dwelling as a twofamily dwelling, so long as four conditions are met. A variance ofthis nature has been requested four times since 2000, and all four of these requests were granted once the applicantsdemonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’sproposed home and statement of need, and believes that they meet the requirements outlined in Section 2059 of theCity Code for granting the requested variance. For this reason, staff recommends approval of the requested variance.APPLICANTMerle and Diane Steinkraus, 1800 Lake Lucy Road, Excelsior, MN 55331
SITE INFORMATION
PRESENT ZONING: "RR" Rural Residential District
LAND USE:Residential Large Lot
ACREAGE: 2.49
DENSITY: NA
APPLICATION REGULATIONS
Chapter 1, Section 12, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article VII, “Shoreland Management District”
Chapter 20, Article XI, “RR” Rural Residential District
Section 20592, Permitted uses
BACKGROUND
In April of 1987, the City issued a permit for the construction of a detached garage.
In June of 1988, the City issued a permit for the construction of a new home.
In April of 1989, the City issued a permit to demolish a preexisting home on the property.
In July of 2000, the City issued a permit for an addition and deck.
On February 18, 2021, the applicant applied for a permit for a basement remodel and addition. Since this remodel
created a separate entrance and kitchen in the basement, staff informed the applicant that a variance would be required.
On March 3, 2021, the applicant submitted revisions removing the proposed basement kitchen.
On June 15, 2021, the City issued a permit for the revised remodel and addition.
On July 16, 2021, the applicant applied for a variance to permit the use of a singlefamily dwelling as a twofamily
dwelling.
RECOMMENDATION
Staff recommends that the Planning Commission, acting as the Board of Appeals and Adjustments, approve the
variance request for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approval
and adopts the attached Findings of Facts and Decision.
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that the proposed building/structure meets all
requirements of the Minnesota State Building Code; additional comments or requirements may be required after
plan review.
3. The exterior of the home shall maintain the appearance of a singlefamily home (i.e. single driveway, single main
entrance, etc.) and shall substantially conform to the plans dated May 26, 2021.
4. Unobstructed access between the upper and lower level must be maintained via the stairways.
5. Separate utility services may not be established.
6. The dwelling units may not be rented as separate units, and the occupants of both must be related.
PLANNING COMMISSION STAFFREPORTTuesday, August 17, 2021SubjectApprove a Request for a Variance to Allow Construction of an Accessory Dwelling Unit (ADU)Within an Existing SingleFamily Residence on Property Located at 1800 Lake Lucy RoadSectionPUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: PROPOSED MOTION:The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves the variancerequest for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approval andadopts the attached Findings of Facts and Decision.SUMMARY OF REQUESTThe applicant is requesting a variance to remodel their basement to create a second dwelling unit, commonly called anaccessory dwelling unit (ADU). They have stated that the intent of the variance request is to allow their children tomove in with them since the applicant has developed health concerns and would like to live with their family. Since theCity Code restricts lots zoned Rural Residential to having a singledwelling unit, a variance is required to permit this use.The applicant has stated that the renovations and addition will not significantly alter the home’s appearance, and thatsince their home is situated on a wooded 2.5 acre lot, the changes would not be visible from the street. They have alsonoted that their design calls for the upper and lower level to be connected by two stairways which will be left open andthat the utilities will not be split.Generally speaking, the City cannot grant a variance for uses; however, Section 2059 does allow for the City to grantvariances for use of a singlefamily dwelling as a twofamily dwelling, so long as four conditions are met. A variance ofthis nature has been requested four times since 2000, and all four of these requests were granted once the applicantsdemonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’sproposed home and statement of need, and believes that they meet the requirements outlined in Section 2059 of theCity Code for granting the requested variance. For this reason, staff recommends approval of the requested variance.APPLICANTMerle and Diane Steinkraus, 1800 Lake Lucy Road, Excelsior, MN 55331SITE INFORMATIONPRESENT ZONING: "RR" Rural Residential DistrictLAND USE:Residential Large LotACREAGE: 2.49 DENSITY: NA APPLICATION REGULATIONSChapter 1, Section 12, Rules of Construction and DefinitionsChapter 20, Article II, Division 3. VariancesChapter 20, Article VII, “Shoreland Management District”Chapter 20, Article XI, “RR” Rural Residential DistrictSection 20592, Permitted usesBACKGROUNDIn April of 1987, the City issued a permit for the construction of a detached garage.In June of 1988, the City issued a permit for the construction of a new home.In April of 1989, the City issued a permit to demolish a preexisting home on the property.In July of 2000, the City issued a permit for an addition and deck.On February 18, 2021, the applicant applied for a permit for a basement remodel and addition. Since this remodelcreated a separate entrance and kitchen in the basement, staff informed the applicant that a variance would be required.On March 3, 2021, the applicant submitted revisions removing the proposed basement kitchen.On June 15, 2021, the City issued a permit for the revised remodel and addition.On July 16, 2021, the applicant applied for a variance to permit the use of a singlefamily dwelling as a twofamilydwelling.RECOMMENDATIONStaff recommends that the Planning Commission, acting as the Board of Appeals and Adjustments, approve thevariance request for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approvaland adopts the attached Findings of Facts and Decision.1. A building permit must be obtained prior to construction.2. Building plans must provide sufficient information to verify that the proposed building/structure meets allrequirements of the Minnesota State Building Code; additional comments or requirements may be required afterplan review.3. The exterior of the home shall maintain the appearance of a singlefamily home (i.e. single driveway, single mainentrance, etc.) and shall substantially conform to the plans dated May 26, 2021.4. Unobstructed access between the upper and lower level must be maintained via the stairways.5. Separate utility services may not be established.6. The dwelling units may not be rented as separate units, and the occupants of both must be related.
ATTACHMENTS:
Staff Report
Findings of Fact (Approval)
Variance Document
Development Review Application
Narrative
Survey
Proposed Plan
Affidavit of Mailing
CITY OF CHANHASSEN
PC DATE: August 17, 2021
CC DATE: September 13, 2021
REVIEW DEADLINE: Sept. 14, 2021
CASE #: PC 2021-16
BY: MYW
SUMMARY OF REQUEST:
The applicant is requesting a variance for the temporary use of a single-family dwelling as a two-
family dwelling. While variances for uses are not normally allowed, the City Code specifically
allows for this use variance to be granted to facilitate the care of aging family members so long
as the structure maintains the appearance of a single-family dwelling, separate utility services are
not established, and the variance will not negatively impact the neighborhood.
LOCATION: 1800 Lake Lucy Road
APPLICANT: Merle and Diane Steinkraus
1800 Lake Lucy Road
Excelsior, MN 55331
OWNER: Jason and Tara Steinkraus
5712 Erving Avenue S.
Edina, MN 55410
PRESENT ZONING: “RR” – Rural Residential District
2040 LAND USE PLAN: Residential Large Lot
ACREAGE: 2.49 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.
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of
a single-family dwelling as a two-family dwelling, subject to the conditions of approval and
adopts the attached Findings of Facts and Decision.”
1800 Lake Lucy Road
August 17, 2021
Page 2
PROPOSAL/SUMMARY
The applicant is requesting a variance to remodel their basement to create a second dwelling unit,
commonly called an accessory dwelling unit (ADU). They have stated that the intent of the
variance request is to allow their children to move in with them since the applicant has developed
health concerns and would like to live with their family. Since the City Code restricts lots zoned
Rural Residential to having a single-dwelling unit, a variance is required to permit this use.
The applicant has stated that the renovations and addition will not significantly alter the home’s
appearance, and that since their home is situated on a wooded 2.5 acre lot, the changes would not
be visible from the street. They have also noted that their design calls for the upper and lower
level to be connected by two stairways which will be left open and that the utilities will not be
split.
Generally speaking, the City cannot grant a variance for uses; however, Section 20-59 does allow
for the City to grant variances for use of a single-family dwelling as a two-family dwelling, so
long as four conditions are met. A variance of this nature has been requested four times since
2000, and all four of these requests were granted once the applicants demonstrated that they met
or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’s proposed
home and statement of need, and believes that they meet the requirements outlined in Section 20-
59 of the City Code for granting the requested variance. For this reason, staff recommends
approval of the requested variance.
APPLICABLE REGULATIONS
Chapter 1, Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article VII, “Shoreland Management District”
Chapter 20, Article XI, “RR” Rural Residential District
Section 20-592, Permitted uses
BACKGROUND
In April of 1987, the City issued a permit for the construction of a detached garage.
In June of 1988, the City issued a permit for the construction of a new home.
In April of 1989, the City issued a permit to demolish a preexisting home on the property.
In July of 2000, the City issued a permit for an addition and deck.
On February 18, 2021, the applicant applied for a permit for a basement remodel and addition.
Since this remodel created a separate entrance and kitchen in the basement, staff informed the
applicant that a variance would be required.
On March 3, 2021, the applicant submitted revisions removing the proposed basement kitchen.
1800 Lake Lucy Road
August 17, 2021
Page 3
On June 15, 2021, the City issued a permit for the revised remodel and addition.
On July 16, 2021, the applicant applied for a variance to permit the use of a single-family dwelling
as a two-family dwelling.
SITE CONSTRAINTS
Zoning Overview
The property is zoned Rural Residential District. This zoning classification requires lots to be a
minimum of 2.5 acres, have front and rear yard setbacks of 50 feet, side yard setbacks of 10 feet,
and limits parcels to a maximum of 20 percent lot cover. Residential structures are limited to 35
feet in height.
The lot is 2.49 acres and it and all structures present on the site appear to meet all of the
requirements of the City Code.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is within the Shoreland Management District; however the property is not riparian
and the Rural Residential District has a lower lot cover limit than the Shoreland Management
District. No aspect of the requested variance falls under any provision of the Shoreland
Management Ordinance.
Wetland Protection
There is not a wetland on the development site.
1800 Lake Lucy Road
August 17, 2021
Page 4
NEIGHBORHOOD
Lake Lucy Highlands
The plat for this area was recorded in
March of 1986. This is one of several large
lot subdivisions that was approved before
the 1987 one-unit per ten-acre density limit
went into effect. Houses in this subdivision
are on septic and well and have a minimum
lot size of 2.5 acres. Wetlands, bluff and
wooded areas are present throughout the
subdivision, and natural features provide a
high amount of screening between most
neighboring homes. Many of the homes in
the subdivision are larger than average and
are setback a significant distance from the
street. Based on aerial photos of the area, it appears some of the homes may have nonconforming
bluff or wetland setbacks, but overall most homes appear to conform to the City Code.
Variances within 500 feet:
There are no known variances within 500’ of the subject property.
ANALYSIS
Single-Family Dwelling as Two-Family Dwelling
The applicant is requesting a variance to convert their basement into an ADU. Granting the
requested variance would allow the applicant to construct a two-family dwelling unit on a
property zoned for a single-family dwelling. Ordinarily, the City cannot grant variances for uses,
i.e. a variance cannot be granted to use a property zoned single-family residential for an
industrial use like a brick factory; however, Section 20-59 of the City Code allows for the City to
issue variances to use a single-family dwelling as a two-family dwelling, so long as four
conditions are met.
Specifically, Section 20-59 states:
A variance for the temporary use of a single-family dwelling as a two-family dwelling may only
be allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer, etc.).
1800 Lake Lucy Road
August 17, 2021
Page 5
(4) The variance will not be injurious to or adversely affect the health, safety or welfare of
the residents of the city or the neighborhood where the property is situated and will be
in keeping with the spirit and intent of this chapter.
The applicant has stated that they are requesting the variance in order to allow them to share their
home with their son’s family. The applicant has noted that he has recently developed a heart
condition and that the requested variance would give him and his wife the opportunity to spend
their senior years with their family. The applicant’s situation meets the requirements of the first
condition for granting the requested variance and is in line with the ordinance’s intent to provide
an option for residents to live with aging parents. If the variance is approved, a condition should
be placed on the approval requiring that the ADU be occupied by individuals that are related to
the homeowner and preventing its rental as a separate unit.
The proposed addition
would add approximately
400 square feet to the
building’s lower level.
The extra space would
allow them to relocate
the existing lower level
garage to create room for
a mudroom, laundry, and
expanded lower level
bedroom with a private
bath and walk-in closet.
The lower level ADU
would also feature a
kitchen, dining, and
living area. All told, the
lower level ADU would
have approximately
2,000 sq. ft. of living area. The ADU could be accessed either through a pair of stairs connecting
it to the home’s main level, a lower level patio door, or the lower level single stall garage.
Staff would ordinarily recommend against the creation of a separate garage to serve an ADU;
however, in this case there is already a lower level garage present on the property and the
property’s distance from the road combines with existing vegetation to effectively screen the
lower level garage from view. Since no effort is being made to architecturally distinguish the
lower patio door as an entrance and the rear facing garage door is a pre-existing characteristic,
staff believes that the proposal meets the second required condition by maintaining the
appearance of a single-family home. In order to prevent the lower level from being converted to
a completely separate unit with the garage serving as its main entrance, staff recommends that if
the variance is approved a condition should be placed on the approval requiring that unobstructed
access between the upper and lower levels be maintained and preventing the establishment of
separate utility services.
1800 Lake Lucy Road
August 17, 2021
Page 6
Staff has reviewed the
proposed plans and the
renderings of the house’s
exterior and believes that
it is consistent with that
of a single-family home.
While not common,
other homes in the City
have rear facing garage
doors providing access
to storage areas and the
overall look of the
property’s rear elevation
remains that of a single-
family home. As was
noted earlier, the City
has approved a permit
for the addition without the kitchen; addition of a lower level kitchen will not alter the exterior
appearance of the home.
Given the above, staff believes that the applicant’s proposal meets all of the criteria required to
issue a variance for an ADU on the property and recommends approving the requested variance.
Impact on Neighborhood
Lake Lucy Highlands is one of the City’s
large lot residential neighborhoods.
Homes in this neighborhood are situated
on lots at least 2.5 acres in size. Most
homes are setback on their lots and many
are screened from neighboring properties
by mature vegetation. Given the location
of the applicant’s home in relation to
their neighbor’s residences and the fact
that the variance only pertains to the
interior configuration of the home, it is
unlikely that granting the requested
variance would have any impact on the
neighboring properties.
The variance request for an ADU to allow for the applicant to live with their child’s family is not
expected to generate the traffic, noise, or transient population concerns that can be associated
with placing multi-unit properties within single-family neighborhoods. The City has granted
several variances for ADUs in other neighborhoods and to staff’s knowledge they have generated
no complaints. Additionally, a condition that the ADU not be rented out will be attached to the
1800 Lake Lucy Road
August 17, 2021
Page 7
variance to prevent the property from subsequently being sold or used as a duplex. Staff does not
believe that granting the requested variance would negatively impact any of the surrounding
properties.
RECOMMENDATION
Staff recommends that the Planning Commission, acting as the Board of Appeals and
Adjustments, approve the variance request for the use of a single-family dwelling as a two-
family dwelling, subject to the conditions of approval and adopts the attached Findings of Facts
and Decision.
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that the proposed
building/structure meets all requirements of the Minnesota State Building Code;
additional comments or requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e.
single driveway, single main entrance, etc.) and shall substantially conform to the plans
dated May 26, 2021.
4. Unobstructed access between the upper and lower level must be maintained via the
stairways.
5. Separate utility services may not be established.
6. The dwelling units may not be rented as separate units, and the occupants of both must be
related.
ATTACHMENTS
1. Findings of Fact and Decision (Approval)
2. Variance Document (Approval)
3. Development Review Application
4. Variance Narrative
5. Survey
6. Proposed Plan
7. Affidavit of Mailing of Public Hearing Notice
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Merle and Diane Steinkraus, for a variance to use a single-family dwelling as a two-
family dwelling on a property zoned Rural Residential District (RR) - Planning Case 2021-16.
On August 17, 2021, 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 Rural Residential District (RR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot.
3. The legal description of the property is:
Lot 8, Block 1, Lake Lucy Highlands
4. Variance Findings – Section 20-59 of the City Code provides the following criteria for the
granting of a variance to use a single-family dwelling as a two-family dwelling:
a. There is a demonstrated need based upon disability, age or financial hardship.
Finding: The applicant has stated that they have developed a heart condition and wishes to
spend his senior years with his son’s family.
b. The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
Finding: The applicant is not proposing to significantly alter the exterior façade of the home.
The variance will allow for the applicant to install a second kitchen in the basement, a change
that will not alter the exterior appearance of the home. While the house is somewhat atypical
in that it features a rear facing garage door that provides access to the lower level accessory
dwelling unit, this is a pre-existing feature and there is no architecturally distinct second
entryway. Additionally, the applicant’s proposal allows for free access between the upper and
lower levels of the house and conditions have been placed on the variance to prevent the
separation of these spaces.
c. Separate utility services are not established (e.g., gas, water, sewer, etc.).
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2
Finding: Separate utility services are not proposed and will not be established.
d. The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter.
Finding: The variance request for an accessory dwelling unit (ADU) to allow the applicant’s
children to move in with them due to health concerns is not expected to generate the traffic,
noise, or transient population concerns that can be associated with placing multi-unit
properties within single-family neighborhoods. The home is situated on a wooded 2.49 acre
lot and is setback a significant distance from the road meaning that there is a large amount of
screening and distance between this home and other members of the community. The City
has granted several variances for ADUs in other neighborhoods and to staff’s knowledge
they have generated no complaints. Additionally, conditions have been placed on the
variance to prevent the property from subsequently being sold or used as a duplex. Granting
the requested variance is not expected to negatively impact any of the surrounding properties,
and is in line with the City Code’s intent that residents have the option to provide in-home
care for family members while allowing them to maintain independence.
5. The planning report #2021-16, dated August 17, 2021, prepared by MacKenzie Young-Walters,
is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the variance request for the use
of a single-family dwelling as a two-family dwelling, subject to the following conditions of
approval:
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that the proposed
building/structure meets all requirements of the Minnesota State Building Code; additional
comments or requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e. single
driveway, single main entrance, etc.) and shall substantially conform to the plans dated
May 26, 2021.
4. Unobstructed access between the upper and lower level must be maintained via the stairways.
5. Separate utility services may not be established.
6. The dwelling units may not be rented as separate units, and the occupants of both must be
related.
ADOPTED by the Chanhassen Planning Commission this 17th day of August, 2021.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2021-16
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves the variance request for the
use of a single-family dwelling as a two-family dwelling.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 8, Block 1, Lake Lucy Highlands.
3. Conditions. The variance approval is subject to the following conditions:
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that the proposed
building/structure meets all requirements of the Minnesota State Building Code;
additional comments or requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e.
single driveway, single main entrance, etc.) and shall substantially conform to the plans
dated May 26, 2021.
4. Unobstructed access between the upper and lower level must be maintained via the
stairways.
5. Separate utility services may not be established.
6. The dwelling units may not be rented as separate units, and the occupants of both must be
related.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
2
Dated: August 17, 2021 CITY OF CHANHASSEN
BY:
(SEAL) Elise Ryan, Mayor
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2021 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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COMMUN]TY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227- 1 100 / Fax: (952) 227-1110 CITY OT CIIII{HISSII{
APPLICATION FOR DEVELOPMENT REVIEW
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E Subdivision (SUB)
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E Conditional Use Permit (CUP)
E Single-Family Residence ..E Al others......
E Create over 3 lots ...$600 + $15 Per lot
$325
$425
I Metes & BoundsE Consolidate Lots
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(2 lots) ....:::l ................... $300
I tnterim Use Permit (lUP)
E ln conjunction with SiE alt otners..................
ngle-Family Residence..$325
$425
E Lot Line Adjustment.........
E Final P1a1..........................
...$150
...$150
... $700
E Rezoning (REZ)
E Phnned Unit Development (PUD) .............Ll Minor Amendment to existing PUD............! ett otners......
... $750
... $100
... $500
(lncludes $450 escrow for attomey costs).
'Additional oscrow may bs Equirrd for othe. apptications
tiough the developrnent contrad.
E Vacation of Easements/Right-of-way (VAC)........ $3OO
(Additioml tEcoding fees may apply)
EJ Varianc€ (VAR). $2ooE Sign Plan Review............. $150 E Wetland Alteration
E SingleFamilyE rut otners.......
E Site Ptan Review (S
E Administrative...
PR)
Permit (WAP)
Residence....... $150
. $275
. $100
. $500
! Commercial/lndustial Districts'...
.............. $100
.............. $500 ! Zoning Appea|........................Plus $10 p6r 1,000 square feet of building area:( thousand square feet)tlnclude numbor of glglhg emptoys€s:
'lnclude number of 4gg employeei:
E Zoning Ordinance Amendment (ZOA).....
tr Residential Districts......................... $s00 !!!IE: When multlplo appllcations aro procossod concur6n{y,
the app.opriato foo shall b9 charged for elch application.Plus $5 per dwelling unit ( units)
f, ruomcation Sign (city to insral and r6mow) . . . . ......... $200
[l Property Owners' List within 5OO' (City to gercrare afte. prB,apptication meetins) ...... $3 per address
D Escrow for Recording Documents (check aE Condltional Use Permit
! Vacation
! Metes & Bounds Subdivision (3 docs.)
( z.l addresses)
ll that apply)...............
E lnterim Use Permit
............... $50 per document
trn Variance
Easements (_ easements)
E Site Plan Agreement
E Wetland Alteration Permit
E Deeds f ..
TOTAL FEE: -/r
Description of Proposal:
Property Address or Location:
Parcfll#: ? ;-ILDTD1AO LegatDescription:o
Total Acreag e: ?.46 Wetlands Present?EvesEruo L o-f Oo c<O
Present Zoning:Selec-t One (e.51 J Requested Zoning . Select One " l&)o I
Presenl Land Use Desig nation. Selec,t One Requested Land Use Designatio
Existing Use of Property:
Application Type (check all that apply)Section 1
Section 2: Required lnformation
fiCtrecf Oox if separate narrative is attiacfred
n. Select One
v^i
.,**,*,',7 / tG / 3-( ,co.",8 l11 [-,]L ccDa,'g./!3L}L 6&oayRevbwDara:Tl,qt tt
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner lo file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation offull legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I wilt keep m)6etf informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the intormation and exhibits submitted are true and conect.
lllzr/z * D,'*.9 t'a,r'tKrazts
U
City/State4i
email: /{t
p 5933 q9z- 21 2 - 4730
sQ/L,.\2-n 00. L4 Fax:
DateSignature:
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing 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 al the hearings or during the appeal periods. I will keep mysetf informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submifted are true and conect.
Na ,",:t4Son F T44.4 Sfr-rn Yra,'*t1 Contact:n
Address:I Pho
ci o Cell:
Fax:
Date
L 1,5- o
I . cow)Email:
Signature:
PROJECT ENGINEER (if applicable)
Name:Contact
Phone:Address:
Cell:
Fax:
E Property Owner Via: E Email
E Applicant Ma: E Email
! Engineer Via: E Email
E Omef Via: E Email
D uaiteo Paper copy
f| Maited Paper Copy
E Mailed Paper Copy
fl Mailed Paper Copy
Address:
INSTRUCTIONS TO APPLICANT: Com plete all necessaryform fields, then select SAVE FORM to save a copy to )rour
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to se nd a digital
copy to the city for processing.
PRINT FORM suBmlT FoRl{
or
I
This application musl be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
Section 4: Notification lnformation
City/State/Zip:
Email:
conracr',Ll,zLL-Jla-a-fu rA-
Phone: _
Name:
Address:
Citv/StateZio:
Email:
Vl2b I '- |
Who should r€celve copies of staff reports?'Other Contact lnformation :
Name:
SAVE FORM
RE: Building Permit
1800 Lake Lucy Road
To whom it may concern,
I am applying for a building permit to create living quarters in the lower level of our home. The house
will be shared with our son and his wife who is expecting their second child. No si8nificant changes to
the outside of the house will be made. Only a bump out of the lower-level garage door and one window
changed out. None of this is visible from the street, as we have a large, wooded 2y. aCJe lot. The lower
level is connected to the main level by two stairways. These stairways will be left open. The utilities are
not being split.
There are apparently issues of concern with the city planning department. My wife and I believe this to
be a wonderful opportunity to spend our senior years with our family. I have developed serious health
issues related to my heart and would appreciate the ability to live with family. At any rate, this would be
a temporary situation with no expectations for a permanent second residency.
Sincerely,
Merle Steinkraus
rlL,,a, /A^p-"^-
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTYOFCARVER )
lm ssen. D Clerk
JEAt,l M SIECK Lil\IG
llotary RtlilMhno.c,t6It tuti..b Egha,f,| Si. ZCAa
Notary Publ
re me
,2021.
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
August 5, 2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public
Hearing for a request for a variance to allow construction of an accessorT dwelling unit
within an existing single-famity residence on property located at 1800 Lake Lucy Road,
zoned Rural Residential, Planning Case No.2021-16 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 ofsuch owners were those appearing as such by the
records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and
thiSfr day
to
Subject
Parcel
oisclaimel
This map is neither a legally recorded map nor a suoey and is not intended to be used
asone. This map as a compilation of records. informataon and daE located an vaious clty.
county. state and federal offices and other sources regarding the area shown, and as lo
be used for referen@ purposes only. The City does not warant that lhe Geographic
lnformation System (GlS) Data used to prepare lhis map arc enor free. and lhe City does
not represent that the Gls oata can be used for navigational. lracking or any other
purpose requiring exactrng measuremenl of clistance ol direction or precision in the
depiction of geographic features. The preceding disclaimer is provided puGuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and lhe user of lhis map aclnowiedges
that lhe City shall not be liable for any damages, and etpressly waives all claims and
agrees to defend, indemnify, and hold harmlesg lhe City from any and all claims brought
by User, its employees or agents, or thard panies which arise out of the useis access or
use of data provided
(Next RecordD(TAX_NAME)D
(TAX_ADD_Llll
<TAX ADD L2tr
Dbclaimer
This map is neither a legally recorded maP nor a suNey and is not iniended to be used
as one. This map is a compilation of records, informatjon and data located in various city,
county, state and tederal offces and other solrces regading the area shown. and as to
be used for refercn@ purposes only. The City do€s not warant that the Geographic
lnformaton System (GlS) Data ured to preparc this map are er.or f.ee, and lhe Crty does
not represenl thal the GIS Data can te used for navigational. tracking or any other
pupose requiring exacting moasurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesotra StatLrtes 5465.03, Subd. 21 (2000), and the user ot this map acknowledges
that lhe City shall not be liable lor any damages, and exprcssly waives all claims. and
agrces to deiend, indemnify, and hold harmless the City trom any and all claims brcught
by User, (5 employees or agents, or thild part* which arise out of the us€is access or
use ol data provided
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