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1998-05-12 minutes CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING MAY 12, 1998 Chairperson Johnson called the meeting to order at 6:05 p.m. MEMBERS PRESENT: Willard Johnson, Steven Berquist and Carol Watson STAFF PRESENT: Cynthia Kirchoff, Planner I A REQUEST FOR A 5 FOOT VARIANCE FROM THE 10 FOOT SIDE YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION, BLAIR AND NANCY ENTENMANN, 7407 FRONTIER TRAIL Cynthia Kirchoff presented the staff report on this item. Blair Entenmann stated they are requesting a 4 foot variance not a 5 foot as indicated in the staff report. He stated that when they purchased the home they knew of the challenges associated with remodeling the home. Mr. Entenmann indicated that this application is similar to the 1993 request to replace their garage because. He also stated that they are under time and money constraints for the addition. He stated that the proposed addition is affordable and it intends to protect the environment. Mr. Entenmann stated that the previous owners and the City created the hardship. He mentioned that it will not obstruct the view for their neighbors. Steve Berquist asked if the proposed addition will be following the existing setback. Entenmann responded that it will maintain the existing setback and that an eave will not be constructed on the addition. John Kosmas, Mr. Entenmann's architect, stated that the if the addition would meet the required setback the house would be elongated and it would increase the cost. He mentioned that the setback was 5 feet when an addition was constructed on the house in the 1960s. Carol Watson responded that the ordinance was amended to require a 10 foot setback to improve existing situations. Kosmas stated that the open space will be maintained between the houses. Willard Johnson asked staff when the 5 foot setback was required. Kirchoff responded that, according to historical records, the setback was adopted in 1958. Watson stated that the setback is not relevant to this application. Board of Adjustments and Appeals Meeting Minutes May 12, 1998 `.. Page 2 Johnson moved, Watson seconded the motion to close the public hearing. Watson moved, Johnson seconded the motion to approve a 4 foot variance from the 10 foot side yard setback requirement for the construction of an addition with the following conditions: 1. The applicant shall maintain the natural drainageway. 2. The applicant shall use Type I erosion control until vegetation has been reestablished. All voted in favor and the motion carried. APPROVAL OF MINUTES: Berquist moved, Johnson seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated January 13, 1998 with the changes indicated by staff. Watson abstained. All voted in favor and the motion carried. The meeting was adjourned at 6:30 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I FILE AGENDA CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS TUESDAY, MAY 12, 1998 AT 6:00 P.M. CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CITY COUNCIL CHAMBERS Call to Order 1. A request for a 5 foot variance from the 10 foot side yard setback for the construction of a kitchen and living room addition, 7407 Frontier Trail, Blair and Nancy Entenmann. 2. Approval of Minutes. Adjournment CITY OF "1 . • CHANUAEN BOA DATE: 5/12/98 • CASE #: 98-2 VAR • STAFF REPORT By: Kirchoff:v PROPOSAL: A request for a 5•foot variance from the 10 foot side yard setback for the construction of a kitchen and living room addition. Z Q LOCATION: 7407 Frontier Trail V (Lot 6, except the northeasterly 15 feet thereof and except the southeasterly 25 feet, Auditor's Subdivision#2) U'' APPLICANT: Blair and Nancy Entenmann 7407 Frontier Trail Q Chanhassen, MN 55317 (949-1277) PRESENT ZONING: RSF, Single Family Residential ACREAGE: Approximately 19,000 sq. ft. DENSITY: N/A ADJACENT ZONING AND LAND USES: N: RSF, Single Family Residential S: RSF, Single Family Residential QL E: RSF, Single Family Residential W: RSF, Single Family Residential 0 WATER AND SEWER: Available to the site PHYSICAL CHARACTER: The site is a riparian lot on Lotus Lake. A single family I—. home and detached garage exists on the site. 2000 LAND USE PLAN: Low Density Residential laream� is E.r a , �� y t*i •IN_I Itr0 � v ! . . . Irt15<L ti • ' ..ialriAllaillailliillr- ilot4fill jr;402Ae b4,111111111rAeb& trt . , " ' • 'mos grArik Nit** Jr 41 WII" le 4 �'' a ISW �•/E� -r� cpuriftmon 01y !g�� 1 �� "wo ►�,�,,, litip I. 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Section 20-72 states that nonconforming uses should not be expanded, intensified, replaced, structurally changed or relocated except to lessen or eliminate the nonconformity. Section 20-908 states that variances granted from a required setback are not entitled to yard encroachments. BACKGROUND In 1993, the subject property was granted variances from the required front and side yard setback for the construction of a detached 3-stall garage. The garage was constructed one (1) foot from the front yard property line and two (2) feet from the side property line. The placement of the garage was limited by physical features. Staff supported this application because the garage was deemed to be in an unsafe condition, the proposed location would increase the setbacks and it would spare several large trees and eliminate the need to perform extensive grading and excavation. When Auditor's Subdivision#2 was platted in 1939, Lot 6 (subject lot) was approximately 110 feet in width. Since that time, the lot has been reduced to 65 feet in width. Carver County indicated that the subdivision was performed prior to 1966, probably in the 1950s. At that time, the City did not have to approve such actions, therefore, we have no record of the subdivision. The northern 15 feet of the lot was sold to Lot 7 and the southern 25 feet of the lot was sold to Lot 5. The original home was 23 foot by 24 foot. An addition was constructed during the 1960s (according to the applicant) to expand the house pad to 24 feet by 46 feet. The home currently maintains a 12 foot side yard setback on the north and a 6 foot setback on the south. ANALYSIS The applicant is requesting a 5 foot variance from the 10 foot side yard setback requirement for the construction of an addition. The 30 foot by 22 foot addition is for a larger kitchen and dining area. The applicant indicated that the addition cannot maintain the required 10 foot setback because it will detract from the intended new design of the home. Staff believes that the addition can and should maintain the 10 foot setback. The fact that several feet of the lot were sold to an adjacent property owner, thus, decreasing the setback, does not constitute a hardship. The lot was 110 feet in width not the existing 65 feet. The applicant should have been aware of the constraints of the property when it was purchased. Entenmann Variance May 6, 1998 Page 3 Being the house has a non-conforming setback does not entitle an addition to maintain the same nonconforming setback. Also, the fact that the property to the south maintains a 14 foot setback from the adjoining lot line is not relevant in this application. That is the adjacent property owner's setback. The owner of Lot 5 has the right to construct an addition at the 10 foot side yard setback without a variance. The 20 foot separation that currently exists should not be taken into consideration in this variance request. The applicant states in the attached letter that the existing 6 foot setback was the requirement when the addition was constructed in 1960. Originally, this property was located in the Township of Chanhassen where the zoning ordinance required a 5 foot side yard setback in all residential districts in unincorporated areas. The Township became part of the Village in the late 1960s. In 1973, the Village became a City and the side yard setback was increased to 10 feet. This setback is required on all new construction and additions in the RSF district including Carver Beach (platted in 1927), Lake Riley(1951), Red Cedar Point (1913) and numerous other subdivisions. Some properties in these neighborhoods have difficulty maintaining the required setbacks because the lots were platted very narrow or the house was placed very close to the property line. (Staff has attached a map of the subdivisions that were platted prior to the City's zoning ordinance.) In this case, the lot was relatively large and the house was not originally constructed close to a property line. It's those actions that took place after the original subdivision and the house was built that are causing difficulties. The zoning ordinance prohibits encroachments into setbacks that have received variances. The existing home does have a 1 foot eave on the south side. The proposal indicates that the addition will extend this eave. Therefore, the setback is measured from the edge of the eave. Thus, the 5 foot variance. If the addition is located at the 10 foot setback the eave would be entitled to an encroachment of 2.5 feet. Staff believes that the hardship was created by the applicant. The property owner has an opportunity to construct a kitchen addition while maintaining the required setback so a hardship does not exist. In addition, this variation will increase the nonconformity of the structure. Therefore, staff does not recommend approval. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to --- Entenmann Variance May 6, 1998 Page 4 allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: The applicant has a reasonable use of the property. A single family home and detached garage exist on the property. There is an opportunity to construct an addition for a kitchen and still meet the required setbacks. That is, the location of the existing home does not limit the location of the addition. The majority of the homes in the neighborhood maintain the required setbacks. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to lots in Red Cedar Point (Lake Minnewashta), Shore Acres (Lake Riley) and Carver Beach. The majority of the lots in the other subdivisions maintain the required setbacks. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of this request is to increase the living space of the home. The outcome of this change will increase the value of the parcel. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. This applicant has the opportunity to construct an addition that expresses personal taste yet still maintains the required setbacks. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The variance will permit a nonconforming structure to be expanded into a required setback potentially infringing the ability of the adjoining property to expand in compliance with city code. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Entenmann Variance May 6, 1998 Page 5 Finding: The variation will enable a 53 foot structure to maintain a lesser side yard setback that would be found in other properties in the RSF zoning district. The 30 additional feet of structure will most certainly affect the property to the south. RECOMMENDATION Staff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals denies the request #98-2 for a 4 foot variance from the 10 side yard setback for the construction of an addition based upon the findings presented in the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant has a reasonable opportunity to construct an addition for a kitchen within the required setbacks." ATTACHMENTS 1. Application and Letter 2. Section 20-615, Lot requirements and setbacks 3. Site Plan, Lot Survey and House Elevations 4. Subdivisions Platted Prior to 1972 5. Public hearing notice and property owners g:\plan\ck\boa\entenmann 98-2 var.doc A rT^c-rtir t `,ITV OF CHAN'HACSF`N CITY OF CHANHASSEN APR 10 1998 690 COULTER DRIVE _ CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION K'�(4.1'.�ILnc�. ♦� A�� Ba 12 ir J�lo�cle APPLICANT: J O f vIV - OWNER: a ADDRESS: (Qt l "l ega`w� ~. ADDRESS: 1401 200 L l A FOIL 1-'. (,�6u.15 12AP M)3 'E 4t(o C -4^4.) 10 5531'1 TELEPHONE (Day time) R22 '7222.to TELEPHONE: 1+1 ' 1211 Comprehensive Plan Amendment _ Temporary Sales Permit Conditional Use Permit — Vacation of ROW/Easements interim Use Permit X Variance Non-conforming Use Permit — Wetland Alteration Permit Planed Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost**($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision' TOTAL FEE$ 16•ex, A list of all property owners within 500 feet of the boundaries of the property must be included with the t"i. application. Buildi aterial samples must be submitted with site plan reviews. e?* �6 u11 size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of 6 _1 transparency for each plan sheet. Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. • NOTE - When multiple applications� are processed,s the appropriate4000'03 fee shall be charged for each application. PROJECT NAME E�.�,r t MA,ArNkJ P-es61 01007 tht- LOCATION 1 41A.3-p out. LEGAL DESCRIPTION Ler co t *Xi..err No`131N4 t'OAter rj?fttp f , C t t - thou 26 to ;ter ( re.ft5 6cot5l0# 41. Cie -lam• PRESENT ZONING R CY YnA,L REQUESTED ZONING C. +JCOe • PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ViegPAllietZto eleeCALKOF -FM, co ,51ce9 Ver Ka41-. - 'fD MtAik7 IPAQVT]ti1Ca Su tuotkX, !o ie * kopttnao This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information— and plans required by applicable City Ordinance provisions. Before filing this application, you should.confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself 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. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approvallpermft is granted within 120 days with the Carver County Recorder's Office and the o al document returned to City Hall Records. 1( 1:, /e)t) Signature of Applicant Date — Signature of Fee Owner �] Date Application Received on 4.//ic7 f qe Fee Paid 15 CO Receipt No. 9R05— • The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. CITY OF CHANHASSEN RECEIYED April 9, 1998 :APR 1 © 1998 Re: Variance Request CHAN'rihJ,cnr�w,:uruL) PT Entenmann Residence 7407 Frontier Trail Chanhassen, MN The following information is provided for clarification of the existing conditions which exist related to the property located at 7407 Frontier Trail. 1 . The original property has been modified from the original sub-division. The northerly ( 15 ) fifteen feet and the southerly (25 ) feet where previously sub-divided from the property. 2 . The original house, about 24 x 24 , had an addition on the southerly side constructed about 1960, to the existing size of 24 x 46 . This addition was constructed ( 6 ) six feet from the southerly property line. It is my understanding that was the allowable setback at the time of construction. 3. The City of Chanhassen adopted a new ordinance, about 1972 , establishing a new side yard setback requirement of ( 10 ) ten feet. This process did not address existing structures which is the case for this property. 4 . The pre-existing conditions and standards which had been in place previously if allowed to continue would not require this request for a side yard variance. The request will not decrease the existing conditions between the property line and the adjacent residence. The existing (20 ) twenty foot distance between the adjacent residence will be maintained. 5. The properties which have similar conditions are minimal and therefore granting a variance for this property will not be applicable to the general properties of Chanhassen. 6. The existing conditions are not self-created. 7. By granting the variance it will allow the Entenmann' s to construct an addition which will meet their needs for a new kitchen and dining area. The variance and the addition will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. KK DESIGN 6112 EXCELSICf? BVD°IVI\V-ARDJS, IV\, 55416 (612)922-3226 ATTACM § 20-595 CHANHASSEN CITY CODE b. For accessory structures, three (3) stories/forty(40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. (Ord. No. 80,Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92; Ord. No. 194, § 2, 10-11-93) Sec. 20-596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2-12-90) Editor's note—Inasmuch as there exists a§20-595,the provisions added by§3 of Ord.No. 120 as § 20-595 have been redesignated as § 20-596. Secs. 20-597-20-610. Reserved. ARTICLE XII. 'RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 20-611. Intent. —� The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord. No. 80,Art. V, § 5(5-5-1), 12-15-86) Sec. 20-612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single-family dwellings. (2) Public and private open space. (3) State-licensed day care center for twelve (12) or fewer children. (4) State-licensed group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (7) Antennas as regulated by article XXX of this chapter. (Ord. No. 80,Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96) Sec. 20-613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. Supp.No. 9 1210 ZONING § 20-615 (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (8) Private kennel. (Ord. No. 80,Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (4) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements,exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the"neck" has been excluded from consideration. (2) The minimum lot frontage is ninety(90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp.No. 9 1211 § 20-615 CHANHASSEN CITY CODE illustrated below. Lots Where Frontage Is Measured At Setback Line F%--,...•;7%,-.147,7 L , % . . ..,..,,_, • 46 I di I. ✓ •`•• ♦ % , P %• et 0i •46w• • . • • •e ♦ , (3) The minimum lot depth is one hundred twenty-five(125)feet.The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. Neck I Flag Lots • Fron Lot Lino a a I I I I • 1OO1Lot Width ' I i I I I I i L -- L_.••.... 1_ J (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. . (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. -� Supp.No. 9 1212 ZONING § 20-632 c. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one-hundred-foot minimum width. b. For rear yards, thirty(30)feet. c. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty(40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80,Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95) Editor's note—Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, §2,were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617-20-630. Reserved. ARTICLE XIII. "R-4"MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80,Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Permitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. Supp.No. 9 1213 Pc1TACf—fPSIGNT FRONTIER TRAIL F RONTIER TRAIL / —" ieairy _ YJr �.UK , Y.Jr IM�gly VS - I -1 . . IIKT 1 • I _ I I I • I . I I i_ I { • • I I Lz �1I ; I g I Ii I , r-r , I re ire 4 i, • + ii 1 :. 1.11 1 51:4 ; i if g I0 . 14 i 1 iii r * — y iv re M 're r r.Ye 1Ye� t re ve I.e ICI ` ` I 1 I I I Ii i i I • I I + I Ii I • I I N I I I I J I J 'ad I I / . . ��1, lam.__-1 L `Osus`j''' � _$ IYA `ovs LN<E C i __ F 1 racuecr."'; ,'. ENTENMANN REMODELING K. K. DESIGN or UY •RI( i NtgM1FCRM[-GLWNIMO�COMSTIURION I°M9+� + m 7407 FRONTIER TRAIL I rw.00lon —A�' "0°^"s CHANHASSEN — MINNESOTA %, "" •U-2-32oe�OuuvMn �,, � y i I , ' . 1,... ii . ...‘ : 4-- ...... . ... , ,. •\N-,‘\ 1..:,• ' . ,t , ---•—• ."...."' 4 t 4 4.1;1 _, _,------ 1 ' , ,t s 1 : ' i F ./ 1 0- ' 4 '. I • , t : qL 1--u-- '":' , IL i . _ I I t t 74.----r--i _, . ---T---.-K. K• DESIGN lib,, , 4 .2_,..t ou 6112 EXCELSIOR BLVD. MINNEAPOLIS, MN 922-3226 55416 It" ,12A-mli - -Ce4c.„ , fi = , . 141 1 Lo ,, i e. ; , X�r� tiZ,pK.I 1 " , --,, ._ ______ _e--("Lr 17--fv,. 1\ ,, 4-opipbto 4‹: (q8 _� ,. . . K. K. DESIGN w s ., 6112 EXCELSIOR-BLVD. MINNEAPOLIS, MN 922-3226 55416 )