1998-08-04 agenda FILE
AGENDA
CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS
TUESDAY, AUGUST 4, 1998 AT 6:00 P.M.
CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
Old Business
1. A request for an 11.5 foot variance from the 30 foot front yard setback for the construction
of an addition located at 7201 Juniper Avenue, Lot 7 & 8, Block 5, Red Cedar Point, Greg
and Joan Datillo
2. Approval of Minutes.
Adjournment
C I TY 0 F BOA DATE: 8/4/98
CHANHASSENCCDATE:
CASE #: 98-7 VAR
By: Kirchoff:v
STAFF REPORT
PROPOSAL: A request for an 11.5 foot variance from the 30 foot front yard setback for
the construction of an addition
12 LOCATION: 7201 Juniper Avenue
Z (Lot 7 & 8, Block 5, Red Cedar Point)
O APPLICANT: Greg and Joan Datillo
7201 Juniper Avenue
Excelsior, MN 55331
0— 474-5935
PRESENT ZONING: RSF, Single Family Residential
ACREAGE: Approximately 8,800 sq. ft.
DENSITY: N/A
ADJACENT ZONING
AND LAND USES: N: RSF, Single Family Residential
S: RSF, Single Family Residential
:Cr E: RSF, Single Family Residential
,.._. , W: RSF, Single Family Residential
O • WATER AND SEWER: Available to the site
PHYSICAL CHARACTER: A single family home with a detached garage exists on the
site. The site slopes to the east.
2000 LAND USE PLAN: Low Density Residential
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Dattilo Variance
August 4, 1998
�-' Page 2
APPLICABLE REGULATION
Section 20-615 states that in single family residential districts the minimum front yard setback is
30 feet (Attachment 2).
BACKGROUND
The Red Cedar Point subdivision was platted in 1913. The original lots were 40 feet in width
and between 110 and 160 feet in depth. As in the cases of Carver Beach and Shore Acres (Lake
Riley Boulevard), lots in Red Cedar Point have been assembled for the construction of single
family homes. In order for many of the single family homes to be built or for additions to be
constructed onto existing cabins, variances were granted so that the applicant can have a
reasonable use of the property.
The original home on the subject property was a cabin constructed about 50 years ago. It was
relocated to this location from a riparian lot during the 1950s. In 1984, the applicant was granted
a variance from the 30 foot setback for the construction of a 20 foot by 35 foot living space
addition on the northern end of the home. The current application is a request for a variance
from the 30 foot front yard setback for the construction of an 8 foot by 13 foot addition on the
southern portion of the existing home.
ANALYSIS
The applicant is requesting a 11.5 foot variance for the construction of a laundry room. The
setback from the addition is measured from the edge of the eave. Encroachments, such as eaves,
are not permitted into required setbacks that have received variances. The 104 sq. ft. addition
will be constructed in the area of an existing deck. This addition is proposed to be attached to the
existing kitchen. It will be located 3 feet from the existing garage. In conjunction with this
addition, the applicant is proposing to relocate the existing detached garage to the 15 foot setback
to increase the length of the driveway. Currently, the garage maintains a 10 foot setback from the
property line abutting Juniper Avenue. This does not require a variance because staff believes
that this will lessen the non-conformity of the situation.
Staff believes that all new construction should meet the current required setbacks, however, this
addition cannot be placed at the 30 foot setback due to the interior layout of the home. Most
importantly, it would force the removal of the only window in an existing bedroom. The laundry
room addition will not depart downward from the existing standards because it will maintain the
same setback as the existing home. The home setback is 20.5 feet, which is still greater than the
garage setback even after it is relocated.
Dattilo Variance
August 4, 1998
Page 3
Property Line Setbacks and Exterior Wall Protection
The applicant has stated that the proposed addition and garage will maintain a 3 foot separation.
The building code does regulate the separation of structures. It requires different levels of exterior
wall and opening protection based on the distance of a building from the property line. Being the
home and the garage are of dissimilar occupancies,a property line must be assumed between the
two buildings. The property line can be assumed at the most advantageous location for the two
buildings. The existing house and garage are far enough away from the assumed property line so
that no opening protection is required. The proposed addition will require the protection of one or
both adjacent walls of the addition and/or garage and the overhangs.
To be able to be constructed without protection,the buildings must be 6 feet apart with no
overhangs. If the buildings are less than 6 feet apart,but greater than 3 feet apart, the addition or
garage wall must be of one-hour fire-resistive construction with no openings. Extensions of the
overhangs would vary depending on existing and proposed conditions. If the buildings are less than
3' apart, the addition and the garage wall must be of one-hour fire-resistive construction with no
openings. No overhangs would be permitted. Staff recommends that the applicant meet with the
Inspections Division prior to submitting an application for a building permit.
Staff recommends approval of the variance request because it will not create a new front yard
setback.
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
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:. This property is only 8,800 sq. ft, rather than the 15,000 sq. ft. required by in the
RSF district. Although a single family home does exist on the property,area for additions is
limited. The interior layout of the existing home restricts where additions may be placed.
Furthermore, this variance will blend with pre-existing standards in the Red Cedar Point
neighborhood. It will not create a new front yard setback along Juniper Avenue.
Dattilo Variance
August 4, 1998
Page 4
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: Most properties in the RSF zoning district meet the required setbacks when the
home was built. This home was built before the zoning ordinance and therefore, does not
meet current standards.
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: This variance is not based upon a desire to increase the value of the property but
to construct a laundry room addition on the main floor.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created. The home was relocated to the subject property
before the zoning ordinance was adopted.
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 granting of the will not be detrimental to the public welfare or injurious to
other properties in the Red Cedar Point subdivision.
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.
Finding: The proposed variance will not impair an adequate supply of light and air to
neighboring properties or endanger the public safety or impair property values within Red
Cedar Point.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals approves request#98-7 for an 11.5 foot variance from the
30 front yard setback for the construction of an addition based upon the findings presented in the
staff report with the following conditions:
Dattilo Variance
August 4, 1998
Page 5
1. The garage shall be moved 5 feet east so that a 15 foot front yard setback is maintained.
2. Type I erosion control shall be maintained until the vegetation has been reestablished.
3. The proposed addition and/or the existing garage must be altered and/or constructed to comply
with building code provisions for wall and opening protection at property lines."
ATTACHMENTS
1. Application and Letter
2. Section 20-615, Lot Requirements and Setbacks
3. Site Plan
4. Memorandum from Steve Kirchman to Cindy Kirchoff dated July 28, 1998
5. Property Owners List
g:\plan\ck\boa\dati l to 98-7 var.doc
r v OF CHANHASSEN
;JUL02_ 1998
CITY OF CHANHASSEN �r �;,n� oc 401114.I L F T
890 COULTER DRIVE
CHANHASSEN,MN 66317
(612)937-1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT:C .(�, X C� \\n OWNERC
ADDRESS; 1-1qC)1 \VC1\ (\,\n) • ADDRESS:rigLik
TELEPHONE(Day time) C-IE.)(3\*--))`-, TELEPHONE: I)r71_j -
Comprehensive Plan Amendment
Temporary Sales Permit
— Conditional Use Permit Vocation of ROW/Easements
interim Use Permit _ Variance
Nonconforming Use Permit _ Wetland Alteration Permit
Planned Unit Development` — Zoning Appeal
Rezoning ,,� Zoning Ordinance Amendment
Sign Permits
Sign Plan Review Notification Sign
Site Plan Review' X Escrow for Filing Fees/Attomey Cost"
($50 CUP/SPRNACNAR/WAP/Metes
and Bounds,$400 Minor SUB)
Subdivision' TOTAL FEE$
A Ilst of all property owners within 600 feet of the bounderieo of the property must be Included with the
eppilcition.
Building materiel samples must be submitted with cite pion reviews.
"Twenty♦ix full size folded ooples of the plane mat bo submitted,Including en SW X 11"reduced copy of
transparency for eeoh plan sheet.
"Escrow will be required for other application°through the dovolopment contract
NOTE•When multiple applications are processed,the appropriate fee shall be charged for each application,
PROJECT NAME 0-75"C\c`CT, \ )\,_,(--y:\\ c-A -
LOCATION 1ac--)\ ,\ _).(-,c,p'- s-- �`-P,,'Y,
LEGAL DESCRIPTION .'F .OPCx06a) Roc\ , r ca'snr k_ c ',c\t s),,; --\\\4.
TOTAL ACREAGE_
WETLANDS PRESENT YES NO
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
•
R ASON FOR THIS REQUEST CY\ - - c<,;, -\cs.t-Y c\c) \'s c ?�.�AU• �'}c i(A-\c�
This application must be completed In full and be typewritten or clearly printed and must be accompanied by all Information
end 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.
A determination of completeness of the application shall be made within ton business days of application submittal, A written _.
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This le to oertify that I am making application for the described action by tho 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 em 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, Abstroct of Title or purchase agreement), or I em the authorized person
to make this application and the fee owner has oleo signed this application.
I will keep myself informed of the deadlines for submission of materiel 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.
The city hereby notifies the applicant that development review cannot be completed within 80 days due to public hearing
roqulr nts and agency revl. e : or:, a city is notifying the applicant that the city requires an automatic)80 day
e slo for development re ew. .. io, ent review shall be completed within 120 days unless additional review
o • a are approved y. t : spell I.
`i/�`
/ g �� Q
c$ia.•C ;7 " jc vim\ (t :-co. ,
Signature of Fee Owner Date
Application Received on Fee Paid Receipt No.
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 appliccrit'e address.
+++END***
June 24, 1998
CITY OF CHANHASSEN
City of Chanhassen JUL 0 2 1998
690 Coulter Drive
Chanhassen MN 55317 ocF
RE: Variance for Greg and Joan Dattilo
7201 Juniper Avenue
Chanhassen MN
474-5935
We are requesting a variance to move the garage back 5'. This will extend the driveway
to 20' from 15'. We have three vehicles and four drivers in our family. Only two
vehicles fit in the garage and no vehicles can be parked safely in the driveway due to the
vehicles extending into the road. This hardship is more evident in the winter with the
snowplows. All of my neighbors are able to park a vehicle in their driveway. Therefore,
we are asking for the same usage our neighbors have. Currently, the garage is 2' off the
south lot line. The other property owner next to the garage is Ric Anding. The enclosed
letter from Ric Anding states that he has no problem with us moving the garage.
Currently, the front of our home is 251/2' from the road, 20 ' ' from the property line.
We would like the south end of our home to extend 8 feet to the south and 12' feet to the
east for my wife's laundry room. Due to my wife Joan's arthritis in her hands, we would
like the laundry room to be on the top floor in the area described.
Granting this variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood next to 7201 Juniper Avenue. Granting this
variance will not impair an adequate supply of light or air to the vacant lots adjacent.
Neither will it increase congestion on the public streets and increase danger of fire.
Finally, it will not endanger public safety or impair property values within the
neighborhood.
Thank you for your immediate attention to our request.
Sincerely, ...9)\- ff
Greg Dattilo Joan Dattilo
P.S. Enclosed: video for your viewing,
list of all property owners within 500 feet,
building material samples
copies of plans
k11 1-I-rM lr•t r a,
§ 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
S. (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
•
`• `I .1•'I.�•1es. •
• •
1
• •`••• • ♦ji•
• • J.
• •
•
(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.
. Nick I Flag Lots
• Fran Lot Lin •
i Ill
I .
1 I s ' •
100' Lot Width g I
•
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(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