Written Justification - Updated 9-27-21September 27, 2021
City of Chanhassen
Community Development Department
Planning Division
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
RE: '.UPDATED- WRITTEN JUSTIFICATION FOR THIRD VARIANCE REQUEST FOR 6609
HORSESHOE CURVE, CHANHASSEN, MN 55317 COIUPLIES WITH THE FINDINGS FOR GRANTING
A VARIANCE PURSUANT TO SECTION 20.58
Dear Planning Division,
As required by the City of Chanhassen, and in follow up to the City's email communication sent to us on
September 21, 2021, we are submitting the following updated written justification in support of ourvariance
request.
First, we confirm that the City Statr has formally acknowledged that its initial determination that a bluffwas
present was an error and that the bluff ordinance does not apply to our property. This determination thereby
renders our previous two variance applications unnecessary
Second, in light of the fact that our property does not trigger the bluff ordinance, we wish to pare down the
items that remaan within the scope of the Planning Oivision's review and consideration.
VARIANCE REQUEST - UPDATED
Sec. 20-58. General nditions 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 intent
of this chapter and when lhe variances are consistent with the comprehensive plan.
(2)Vvhen there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties,'' as used in connection with the granting of a variance, means that lhe property owner
proposes to use the property 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.
That the purpose of the variation is not based upon economic considerations alone.
The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
The variance, if granted, will not alter the essential character of the locality.
Variances shall be granted for earth-sheltered construction as defined in M.S. S 216C.06, subd.
14, when in harmony u/ith this chapter.
(3)
(4)
(5)
(6)
Permit us to review the items for the Citv's consideration:
1) SHED - LAKESIDE STORAGE We wish to place an eleven foot by twelve-foot (11' x 12') storage
shed at the lakeside adjacent to the new modular deck. This placement requires a variance from
the 1o-foot side yard setback and lojoot and shoreland ordinary high-water level (OHV\fL) setback.
Per the City's rnitial email response dated September 2'1, 2021, when a shed and patio/deck are
contiguous, they are treated as a single WAOS. ln this case, the City confirms that the combined
area of lhe two would be approximately 308 sq. ft. Assuming the variance is granted, the City has
indicated that a zoning permit would be needed to place a prebuilt shed on the property-
The proposed shed placement would not exceed hardcover requirements and we would ensure
that this shed is moveable and not a permanent structure, as to allow the City of Chanhassen
access to any necessary sanitation line. As discussed, we still have a hardship issue since under
the cunent situation. we have no place to store any valuable boating or swim equipment, as well
as expensive furniture and tools that are used at the lakeside on a normal basis.
We have previously had items stolen from our boat and lakeshore since they were out in the open
and not secured in a locked shed. The normal and customary use of this area would togically require
some form of slorage to truly enjoy the space and not create practical difficulties in lifting awk\ rard
and heavy lake equiprnent up and down the property.
?\OPAQUE PRIVACY FENCE AND SEC ITY GATE AT FRONT YARD/S TREET. We wish to
install a six-foot, six-inch (6' 6") high opaque privacy fence and security gate in our front yard within
eight (8) feet of the street. We understiand this installation would require both a variance and
conditional use permit for a fence taller than six feet, as well as potentially an encroachment
agreement for the lence to be placed within the 'lojoot city easement.
To reiterate information already contained in the original narrative, we currently have a hillh volume
of cars that stop at the top of our driveway to view our unique architecturally designed home, and
in some instances, cars accidentally drive down the drivewey. This is a security issue, especially
in winter. since once a car goes down the driveway, it becomes a hazard where snow or ice is
present. lndividuals not familiar with lhe driveway conditions would not realize that they cannot
stop once the decision is made to come down and potentially be injured and or damage our home.
VMthout a variance, the City of Chanhassen would only permit a 3-foot-high fence at the driveway
side of our property. However, a 3Joot-high fence on a downward slope will do nothing to provide
us with the required privacy.
As a result, we are asking for a 6'6" opaque fence and gate in the front yard to match the heBht of
the privacy fence height allowed for side yards. We further highlight the fact that it is reasonably
anticipated thatour neighbors to the east will be building a large multi-bvet homeand near the 10-
foot side yard setback, which warrants additional privacy considerations for our family.
Lastly, we have a roofiop deck patio that warrants additional privacy from the street, for which a 3-
foot-high fence would do nothing to provide any privacy.
PRACTICAL DIFFICULTIES A D LIMITED USER ENJOYMENT
We understand that varianc€s 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 surroundings, shape, or topography.
ln consideration of all equities and hardships in thas case, we believe that our application warrants favorable
discretion, since everything we hope to do will improve the use of this property and reduce and prevent
injury to people by avoiding the need to cany heavy lake equipment and other furniture up and down the
property, provide privacy from the street for quiet enjoyment, and prevent injury or accidents to people or
our home itself in the event they inadvertently drive down the driveway during cold weather months.
CONCLUSION
Our aim has remained to improve the natural enioyment 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.
Sincerely,g,*{. fr^
Elise Bru and Brian Bruner