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PC Staff Report 01-04-22Planning Commission Item January 4, 2022 Item Consider a Request for Setback and Lot Cover Variances to Add an Addition on to an Existing Detached Garage on Property Located at 3711 South Cedar Drive. File No.Planning Case No. 2022-01 Item No: C.1 Agenda Section PUBLIC HEARINGS Prepared By MacKenzie Young-Walters, Associate Planner Applicant Jeff Robinson Murphy Bros. Building & Remodeling 1330 Park Road Chanhassen, MN 55317 Present Zoning Single Family Residential District (RSF) Land Use Residential Low Density Acerage 0.18 Density N/A Applicable Regulations Chapter 1, Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Nonconforming Uses Chapter 20, Article VII. Shoreland Management District Chapter 20, Article XII, “RSF” Single Family Residential Districts Chapter 20, Article XXIII, Section 20-904. Accessory Structures Chapter 20, Article XXIII, Section 20-905. Single-Family Dwellings Chapter 20, Article XXIII, Section 20-908. Yard Regulations 6 SUGGESTED ACTION The Chanhassen Board of Appeals and Adjustments denies the requested 7.9-foot west side yard setback, and approves 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval, and adopts the attached Findings of Facts and Decision. SUMMARY The applicant is proposing to add an addition on to the west side of an existing nonconforming detached garage. Due to the placement of the existing garage and the lot's substandard size, they are requesting variances from the City’s front yard and side yard setbacks as well as a lot cover variance to allow for the proposed garage addition. BACKGROUND The property’s original house was built at an unknown date, though the 1977 variance mentions that its owners had lived there for 32 year which means that a house with nonconforming 2-foot side yard setbacks was present from at least 1945 on, and a note included with a 2016 remodeling permit indicates that the original house was built in 1923. In September 1977, the City tabled a variance request for a 20-foot by 60-foot addition to the rear of the existing home. In November of 1977, the City approved a variance request to increase the nonconformity by adding a second story. The proposal involved demolishing the existing home and rebuilding a new home with a second story living area within the preexisting home’s nonconforming footprint. In December of 1977, the City issued a building permit for the construction of the current home. In November of 1978, the property owner applied for a building permit for the construction of a proposed 30-foot wide by 22-foot long garage with 2-foot east side yard setbacks and 8-foot west side yard setbacks. This permit was not approved. In April of 2005, the City issued a building permit for the construction of a deck. In August of 2007, the City issued a demolition permit for the property’s garage. In August of 2007, the City issued a building permit for a replacement garage that reduced the property’s nonconforming lot cover and maintained the nonconforming side yard setbacks. This permit also permitted the house to be converted to a full two story. Note: Numerous other permits for maintenance and interior remodels are on file; however, since they do not impact the property’s setbacks or lot cover, they have not been included. DISCUSSION 7 The applicant is proposing adding a 5.25-foot wide by 20-foot long addition to the east side of their detached garage. Since this side of the garage is currently 7.6 feet from the side lot line the proposed addition would result in the garage’s foundation being 2.083 feet from the side lot line and the eaves being 1.16 feet from the side lot line. Variances would also be required from the property’s front yard setback, an 8-foot variance, and lot cover limit, a 15.6 percent variance. The proposed addition will be over existing asphalt and will result in decreasing the nonconforming lot cover by 32 square feet, .4 percent. The applicant has stated that the intent of the variance is to provide additional garage storage space. The applicant has stated that requested variances are needed due to the substandard size of their lot and the fact that the other available storage options do not work as well. They believe that most other potential locations for additional storage would either disrupt access to the house or would increase the property’s lot cover. They have noted that many of the surrounding properties have received variances for similar projects and that they do not feel it would negatively impact the surrounding neighborhood. Staff is sympathetic to the applicant’s desire to provide for increased storage space and agrees that the substandard size of the parcel may justify a variance; however, the applicant has numerous other options for creating additional storage space which would not require such a significant side yard setback variance. City policy is to always require a side yard setback of at least five feet, unless the structure already exceeds that and the applicant can demonstrate a need to maintain the existing building line. While the City has issued numerous setback variances within 500 feet of this property, none of them have permitted a foundation to be built with a 2-foot side yard setback. Given the presence of alternatives for increasing the property’s storage space and the concerns created by reducing side yard setbacks to less than five feet, staff cannot recommend approval of the requested variance. Staff instead recommends that the Planning Commission approve a 5-foot east side yard setback variance which would allow for a similarly sized garage expansion while maintaining a 5-foot side yard setback. The other requested variances, 8-foot front and 15.6 percent lot cover, are necessitated by the property’s existing nonconformities. A full discussion can be found in the attached staff report. RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny the requested 7.9-foot west side yard setback, and approves 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval, and adopts the attached Findings of Facts and Decision. 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 2. The exterior wall and eaves on the wall facing the property line will need to be built using fire- resistant rated construction in areas where the separation distance from the property line is less than five feet. 3. A building permit must be obtained before beginning any construction. 4. Must provide the Minnehaha Creek Watershed District with calculations of the total area of disturbance and total volume of any excavation/fill. If these totals trigger the District’s permitting requirements, any and all required permits from the Watershed District must be obtained before starting work. 5. The installation of any improvements on the site shall meet all applicable jurisdictional 8 requirements, including but not limited to the Minnesota Department of Natural Resources and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 6. Total lot cover shall not exceed 3,119 square feet. 7. The detached garage’s eaves may encroach up to one foot into the required front yard and side yard setbacks. 8. The detached garage must have gutters and the downspout extensions must not direct water towards the neighboring property. ATTACHMENTS Staff Report FINDINGS OF FACT AND DECISION 3711 South Cedar Drive (Staff Alternative).docx Variance Document Development Review Application Variance Request Justification Survey (Pre-existing) Proposal Plans ENG/WRC Memo Affidavit of Mailing 9 CITY OF CHANHASSEN PC DATE: January 4,2022 CC DATE: January 24, 2022 REVIEW DEADLINE: February 1, 2022 CASE #: PC 2022-01 BY: MYW SUMMARY OF REQUEST: The applicant is proposing to add an addition to the west side of an existing nonconforming detached garage. Due to the placement of the existing garage and the lot’s substandard size,they are requesting variances from the City’s front yard and side yard setbacks as well as a lot cover variance to allow for the proposed garage addition. LOCATION:3711 South Cedar Drive APPLICANT:Jeff Robinson Murphy Bros. Building & Remodeling 1330 Park Avenue Chanhassen, MN 55317 OWNER: Michael Corrigan South Cedar Drive Chanhassen, MN 55331 PRESENT ZONING: “RSF” –Single-Family Residential District 2040 LAND USE PLAN: Residential Low Density ACREAGE:.18 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. PROPOSAL/SUMMARY PROPOSED MOTION: “The Chanhassen Board of Appeals and Adjustments denies the requested 7.9-foot west side yard setback, and approves the 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval,and adopts the attached Findings of Facts and Decision.” 10 3711 South Cedar Drive January 4, 2022 Page 2 The applicant is proposing adding a 5.25-foot wide by 20-foot long addition to the east side of their detached garage. Since this side of the garage is currently 7.6 feet from the side lot line, the proposed addition would result in the garage’s foundation being 2.083-feet from the side lot line and the eaves being 1.16-feet from the side lot line. Variances would also be required from the property’s front yard setback, an 8-foot variance, and lot cover limit, a 15.6 percent variance. The proposed addition will be over the existing asphalt and will result in decreasing the nonconforming lot cover by of 32 square feet, .4 percent. The applicant has stated that the intent of the variance is to provide for additional garage storage space. The applicant has stated that the requested variances are needed due to the substandard size of their lot and the fact that the other available storage options do not work as well. They believe that most other potential locations for additional storage would either disrupt access to the house or would increase the property’s lot cover. They have noted that many of the surrounding properties have received variances for similar projects, and that they do not feel it would negatively impact the surrounding neighborhood. Staff is sympathetic to the applicant’s desire to provide for increased storage space and agrees that the substandard size of the parcel may justify a variance; however, the applicant has numerous other options for creating additional storage space which would not require such a significant side yard setback variance. City policy is to always require a side yard setback of at least 5 feet, unless the structure already exceeds that and the applicant can demonstrate a need to maintain the existing building line. While the City has issued numerous setback variances within 500 feet of this property, none of them have permitted a foundation to be built with a 2-foot side yard setback. Given the presence of alternatives for increasing the property’s storage space and the concerns created by reducing side yard setbacks to less than five feet, staff cannot recommend approval of the requested variance. Staff instead recommends that the Planning Commission approve a 5-foot east side yard setback variance, which would allow for a similarly sized garage expansion while maintaining a 5-foot side yard setback. The other requested variances, 8-foot front and 15.6 percent lot cover, are necessitated by the property’s existing nonconformities. APPLICABLE REGULATIONS Chapter 1, Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Nonconforming Uses Chapter 20, Article VII. Shoreland Management District Chapter 20, Article XII, “RSF” Single Family Residential Districts Chapter 20, Article XXIII, Section 20-904. Accessory Structures Chapter 20, Article XXIII, Section 20-905. Single-Family Dwellings Chapter 20, Article XXIII, Section 20-908. Yard Regulations BACKGROUND 11 3711 South Cedar Drive January 4, 2022 Page 3 The property’s original house was built at an unknown date, though the 1977 variance mentions that its owners had lived there for 32 year which means that a house with nonconforming 2-foot side yard setbacks was present from at least 1945 on and a note included with a 2016 remodeling permit indicates that the original house was built in 1923. In September 1977, the City tabled a variance request for a 20-foot by 60-foot addition to the rear of the existing home. In November of 1977, the City approved a variance request to increase the nonconformity by adding a second story. The proposal involved demolishing the existing home and rebuilding a new home with a second story living area within the preexisting home’s nonconforming footprint. In December of 1977, the City issued a building permit for the construction ofthe current home. In November of 1978, the property owner applied for a building permit for the construction of a proposed 30-foot wide by 22-foot long garage with 2-foot east side yard setbacks and 8-foot west side yard setbacks. This permit was not approved. In April of 2005, the City issued a building permit for the construction of a deck. In August of 2007, the City issued a demolition permit for the property’s garage. In August of 2007, the City issued a building permit for a replacement garage that reduced the property’s nonconforming lot cover and maintained the nonconforming side yard setbacks. This permit also permitted the house to be converted to a full two story. Note: Numerous other permits for maintenance and interior remodels are on file; however, since they do not impact the property’s setbacks or lot cover, they have not been included. SITE CONSTRAINTS Zoning Overview The property is zoned Single-Family Residential District (RSF) and is located within the Shoreland Management District. This zoning classification requires a minimum lot size of 20,000 square feet, 30-foot front and rear yard setbacks, 10-foot side yard setbacks, 75-foot shoreland setback from the ordinary high water level (OHWL), and limits parcels to a maximum of 25 percent lot cover. Residential structures are limited to 35 feet in height and are allowed one water-oriented accessory structure (WOAS) within the required 75-foot shoreland setback so long as it is setback 10 feet from the OHWL, under 250 square feet in size, and under 10 feet in height. Additionally, the southernmost tip of the parcel below the 945.9 contour is located within the AE Flood Zone. The lot is a nonconforming 7,687 square feet with 3,151 square feet of lot cover resulting in 41 percent lot cover. The existing principle structure meets the required 30-foot front yard setback 12 3711 South Cedar Drive January 4, 2022 Page 4 and 75-foot shoreland setback, and has a nonconforming 2.2-foot east and 2-foot west side yard setbacks. The property has a detached garage with a nonconforming 21.8-foot front yard setback, 7.6-foot west side yard setback, and 9.8-foot east side yard setback. The existing driveway has an approximate nonconforming 31-foot width at the lot line. Approximately 68 square feet of the rear patio encroaches about 4 feet into the required 75-foot shoreland setback. Bluff Creek Corridor The parcel is not encumbered by the Bluff Creek Overlay District. Bluff Protection There is not a bluff present on the property. Floodplain Overlay A small section of the property located below the 945.9 contour is located within the AE Flood Zone (1% annual chance); however, no portion of the project is proposed near or within that area. Shoreland Management The property is located within a Shoreland Protection District. This District requires a 75-foot structure setback from the lake’s OHWL and limits the property to a maximum impervious surface coverage of 25 percent. The shoreland ordinance permits one WOAS to be located within the 75-foot shoreland setback, provided that it is at least 10 feet from the OHWL, no larger than 250 square feet, and has a maximum height of 10 feet. Vegetative clearing is also restricted with the 37.5-foot shoreland impact zone, save limited clearing to for a view, access, and allowed facilities. This is limited to a section 30 percent the width of the lot or 30 feet wide, whichever is less. Wetland Protection There are no wetlands located on the property. NEIGHBORHOOD Red Cedar Point at Lake Minnewashta 13 3711 South Cedar Drive January 4, 2022 Page 5 The plat for this area was recorded in August of 1913. Over the subsequent century, the City of Chanhassen was formed, a Zoning Code was passed, the Zoning Code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Additionally, the neighborhood’s roads were not always constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of these roads being located within residents’ property lines. Very few properties in the area meet the requirements of the City’s Zoning Code, and most properties either have nonconforming structures or are operating under a variance. Variances within 500 feet: 3622 Red Cedar Point Rd.:2017-09: Approved – Intensify nonconformity by raising garage in side yard setback (garage) 3624 Red Cedar Point Rd.:1985-20: Approved – 1.2’ front and 4.8 side setbacks (detached garage) 3625 Red Cedar Point Rd.:2009-15: Approved – 15.5’ front, 6.5’ E side*, 9’ driveway, and 18.5’ lake setbacks, 12.3% lot cover, and 1 car garage (house) *This variance included the eaves, foundation is 5’ from side lot line. 3627 Red Cedar Point Rd.:2016-11: Approved – 13.6’ lake setback and 4.8% lot cover (house and patio) 3628 Hickory Rd.:2002-05: Approved – 13’ N front, 2’ S front, and 5’ side setbacks (detached garage) 3629 Red Cedar Point Rd.:1980-08: Approved – 12’ front and 3’ side +1.5’ for fire setbacks 30’ lot width, 40’ lot frontage, and sub 20,000-sq. ft. lot area (house) 1987-13: Approved – 12’ front and 3’ side setbacks (house) 14 3711 South Cedar Drive January 4, 2022 Page 6 3633 South Cedar Drive:2006-04: Approved – 22.5’ and 15.8’ front setbacks, and 2.39% lot cover (garage) 2008-04: Approved – 20.2’ front and 8’ side* setbacks (house) *This variance included the eaves, foundation is 4.2’ from side lot line. 3637 South Cedar Drive:1978-07: Approved – 19’ front setback (detached garage) 2004-07: Approved – 19.5 front and 4’ lake setbacks, 15% lot cover (addition) 3701 South Cedar Drive:1980-04: Approved – 14’ front and 25’ shore setbacks, sub 20,000- sq. ft. lot area (house) 1985-27: Approved – 5’ front and 35’ lake setbacks (house) 2015-07: Approved – Intensify nonconformity by enclosing deck within lake setback (addition) 3705 South Cedar Drive:1996-04: Approved – 3’ E and W side and 31’ lake setbacks, and 25% lot cover (house) 3707 South Cedar Drive:1984-18: Approved – 20’ front setback (detached garage) 3711 South Cedar Drive:1977-14: Tabled – Intensify nonconformity (addition) 1977-18: Approved – Intensify nonconformity by raising house height (house) 3713 South Cedar Drive:1985-26: Approved – 15’ front setback (detached garage) 2019-11: Approved – 5’ front setback and 1.83% lot cover (garage) 3715 South Cedar Drive: 1975-01: Approved – 20’ front setback (garage) 3725 South Cedar Drive:1984-17: Approved – 4.53’ side setback (addition) 1987-15: Approved – 4.53’ side setback (addition) 3727 South Cedar Drive:1991-04: Approved – 11’ lot frontage variance (house) 7201 Juniper Ave:1979-07: Approved – sub 15,000 sq. ft. lot area (house) 1984-02: Approved – 8.66’ front setback (addition) 1998-07: Approved – 11.5’ front setback (addition) 7210 Juniper Ave:1977-11: Approved – 10’ lot frontage variance (house) Nineteen (19) of the 33 properties within 500’ of the applicant’s parcel have received at least one variance. A total of 27 variances have been issued to these properties. 15 3711 South Cedar Drive January 4, 2022 Page 7 ANALYSIS Setbacks The applicant’s lot is approximately 40 feet wide by 191.5 feet long. The existing detached garage is setback 21.8 feet from the front lot line, 9.8 feet from the east lot line, and 7.6 feet from the west lot line. The applicant is proposing a 5.25-foot by 20-foot garage addition which would result in the garage foundation being 2.1 feet from the side lot line and the eaves being 1.16 feet from the side lot line. This addition would not decrease the existing front yard setback. The applicant has indicated that they believe that due to the substandard size of the lot there are no other options for creating additional storage on the property. They have stated that adding a WOAS on the lake side of the lot would increase the property’s lot cover and that an expansion along the east side of the garage would interfere with the main access to the house and also increase lot cover. They have noted that many of the surrounding properties are nonconforming, have received setback variances, and that the property’s house currently has a 2- foot side yard setback. The applicant’s statement that alternative storage configurations like the use of a WOAS or adding on to the east side of the garage would increase lot cover, does not consider the possibility of removing existing lot cover to offset new lot cover. The applicant could keep their proposed lot cover neutral by removing the area of blacktop along the west of the garage, reducing the driveway’s nonconforming 31-foot width, or reducing the size of the property’s paver patios and walkways. Given that the area of lot cover the applicant is proposing to replace with their proposed addition can easily be removed to allow for a similarly sized storage area in another location, concern over lot cover cannot be used to justify the requested setback variance. Similarly, the home’s nonconforming 2-foot side yard setbacks do not justify allowing the garage to reduce its side yard setback to two feet. Since the garage is a detached structure, there is no structural or architectural reason which would require it maintain a line with the principal structure. The express purpose of the City’s nonconforming use ordinance is stated in section 20- 71(b) and (c) as “to prevent the enlargement, expansion, intensification or extension of any conforming use, building or structure” and “encourage the elimination of nonconforming uses, lots and structures or reduce their impact on adjacent properties”. To this end, section 20-72(d) states that “if a setback of dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements”. Taken 16 3711 South Cedar Drive January 4, 2022 Page 8 together, the above means that the home’s nonconforming side yard setback cannot be used to justify intensifying the garage’s nonconforming side yard setbacks. Any decrease to the garage’s side yard setbacks must meet the criteria for granting a variance irrespective of the home’s side yard setbacks. While staff understands that the proposed expansion is the applicant’s preferred solution, staff cannot agree that it is the only viable option or that a similar amount of storage could not be provided through a less impactful variance. Staff has created three graphics showing alteratives for creating additional storage space on the property. Additional options such as increasing the height of the garage to create a second storage level or adding a free standing shed between the garage and house also exist. One option, Alternative A, would be to increase the length of the garage. If the expansion met the required 10-foot side yard and lot cover along the east side of the garage was removed to offset the size of the addition this option would not require a variance. If the applicant was willing to remove additional lot cover they could use this option to create a larger garage addition than is being proposed. If the applicant chose to extend the rear addition across the length of the garage, only a 2.5-foot side yard setback variance would be required. Alternative B, adding a WOAS, could also be done without a variance. The applicant would need to remove approximately 68 square feet of patio that is located within the shoreland setback and an amount of lot cover equal to the size of the WOAS from the west side of the garage or driveway. The WOAS could be located anywhere within the permitted area shown on the graphic to the left. 17 3711 South Cedar Drive January 4, 2022 Page 9 The final Alternative is the closest to what the applicant is proposing and involves adding approximately five feet onto the east side of the garage, which currently has a 10-foot side yard setback, rather than 5.25 feet onto the west side of the garage, which currently has a 7.6-foot side yard setback. This would result in a 5-foot side yard setback rather than a 2-foot side yard setback. The area of blacktop on the east side of the garage would need to be removed to offset the addition to the west. When staff discussed Alternative C with the applicant, they expressed concern that it would require shifting the walkway to run against the retaining wall which could result in safety concerns. Staff would note that a railing could be installed along the walkway to mitigate those concerns, or the walkway could be shifted to the west side of the garage taking the place of some of the removed blacktop. Since the home’s primary entrance is located near to the center of the structure and a central patio area is already present between the garage and home, having the walkway run along the west rather than east side of the garage would not interfere with access to the home. A final point to note is that the garage has a rear facing service door, so nothing in the garage’s current configuration necessitates the eastern walkway. In evaluating setback requests, the City evaluates the extent to which the requested setback is due to the property’s unique circumstances or the design choice of the owner. In this case, staff believes the requested setback variance is largely the result of the property’s owners desire to place the addition on the west side of the garage. Alternative C would provide essentially the same use of the property while maintaining a 5-foot side yard setback, and other alternatives, could provide for storage space without the need for any variances. The City also considers the extent to which the requested setback variance has the potential to impact neighboring properties and the requested setback’s consistency with the neighborhood and past practice. The City requires all single-family homes in all zoning districts to maintain a side yard setback of at least five feet and with the exception of uncovered stairs and landings which are allowed to encroach up to six feet into a required 10-foot side yard setback, all other features such as decks, balconies, eaves, etc. are required to be five feet or more from the side lot line. There are several reasons for this requirement, but one of the main ones is the stormwater management issues created by allowing structures to be built too close to the lot line. When a structure is built two feet from the lot line with eaves one foot from the lot line, as the applicant is proposing, it is very difficult to prevent the runoff created by the structure from being diverted to the neighboring parcel. Drainage issues like this are frequent sources of tension between 18 3711 South Cedar Drive January 4, 2022 Page 10 neighbors. Similarly, a 2-foot separation makes it difficult for construction, grading, and maintenance activities to be conducted without trespassing or impacting the neighboring parcel. While the current neighbors may not be concerned by this, future residents of the neighboring house may be. While the area has received many variances, the requested variance is not typical for the City or the neighborhood. Staff examined the side yard setback variances that have been granted to properties within 500 feet of the applicant’s and found no instances where a 2-foot foundation setback had been permitted. Staff did find one case where a home’s eaves were allowed to be two feet from the side yard, due to the structure having a nonconforming 4-foot side yard setback. As the table shows, the average side yard setback variance granted within this neighborhood is typically around five feet. Several of these lots have the same 40-foot width as the applicant’s and the applicant has not demonstrated any unique feature of their lot that would justify departing from the City’s policy of requiring at least a 5-foot side yard setback. In order to grant a variance, the City must find that the variance is in harmony with intent of the Zoning Code, that the owner proposes to use the property in a reasonable manner not permitted by the City Code, and that the variance is necessitated by the unique nature of the property and not the actions of the owner. Staff believes that 2-foot side yard setbacks are not in harmony with the intent of the Zoning Code, that the owner’s proposed use is reasonable but that similar use is permitted by the City Code or with a less impactful variance, and that the specific variance being requested is the result of the owner’s design choice. In order to allow for the owner to have increased storage space, staff would recommend approving the 5-foot east side yard setback required to accommodate Alternative C, which staff believes can meet the above requirements for issuing a variance. Granting the requested 8-foot front yard setback variance to match the garage’s current distance from the street would be consistent with past policy of allowing structures in the area to maintain their nonconforming setbacks when adding on, the City’s minimum driveway requirements, and the front yard setbacks of the surrounding structures. Lot Cover The applicant is proposing 15.6 percent lot cover, for a total lot cover of 40.6 percent. Currently, the property has a nonconforming lot cover of 41 percent. The City’s nonconforming use ordinance allows for property owners to make improvements on a nonconforming property so long as it results in a reduction to the nonconformity. The City Code does not specify how large 19 3711 South Cedar Drive January 4, 2022 Page 11 of a reduction is required, and, were it not for the requested setback variances, staff could approve the lot cover portion of the project through a building permit. That being said, it is the City’s practice to formalize proposed lot cover reductions by including them in the requested variance when properties with nonconforming lot cover request other variances. This approach ensures transparency and makes it easier to verify that the lot cover is actually reduced and to take action if the lot cover is subsequently increased. The requested 15.6 percent lot cover variance is on the higher side of lot cover variances; however, three other properties on the south side of South Cedar Drive have requested lot cover variances of 15 percent or higher, and 3,119 square feet of proposed lot cover is similar to what is present on other similarly sized parcels within the area. The parcel’s substandard 7,687 square foot lot area means that relatively small changes to the square footage of the property’s lot cover have a large impact on the property’s lot cover percentage and that there are limited options for reducing lot cover while maintaining typically sized structures and amenities. That being said, the applicant’s proposed 32-square foot, .4 percent, reduction to the property’s lot cover is smaller than staff would prefer; however, staff is sympathetic to the owner’s desire to maintain the size of their rear patio. The only other nonstructural lot cover is the paver walkway and driveway. While the portion of the driveway within the front yard setback could potentially be narrowed to the width of the garage doors to eliminate an additional 280 square feet of lot cover, doing so would also eliminate an off-street parking spot at its current width the driveway, providing off-street parking for up to three vehicles. Given the historic parking issues along South Cedar Drive and within the Red Cedar Point neighborhood, staff has elected not to recommend that the applicant be required to remove this section of driveway. If the Planning Commission approves staff’s recommended Alternative, the removal and relocation of the east paver walkway may provide opportunities to further reduce lot cover and staff will work with the applicant on designing a walkway that meets their needs while minimizing lot cover. When determining if it is appropriate to require the use of pervious pavers or the creation of a vegetative buffer, staff evaluates the size and scope of the project as well the conditions placed on similar variances. Since all proposed alterations to the property’s lot cover are outside of the 75 foot shoreland setback and the applicant’s proposal is for a minor addition to an accessory structure rather than the construction of new home, staff is not requiring the creation of a vegetative buffer nor mandating the use of pervious pavers as conditions of approval for the variance. Impact on Neighborhood Red Cedar Point is one of the City’s oldest neighborhoods and many of the homes are located on lots that are significantly narrower than the Zoning Code’s 90-foot minimum lot width. This has resulted in many properties that do not have the required 10-foot side yard setbacks. Granting the 5-foot side yard setback identified in Alternative C would result in a side yard setback that is not atypical for the area and would maintain 15 feet of separation between detached garage and the structures on the neighboring parcels. This separation helps to create a visual break between structures and provides for greenspace along the streetscape, consistent with the intent of the 20 3711 South Cedar Drive January 4, 2022 Page 12 City’s side yard setback ordinance. Granting a 5-foot side yard setback variance, allowing the property to maintain the existing garage’s front yard setback variance, and approving the proposed lot cover would not be out of character with or negatively impact the surrounding neighborhood. While staff understands that the existing home has a 2-foot side yard setback, the house is setback over 60 feet from the street which has less of an impact on the streetscape than permitting a 2-foot side yard setback for a building located within the required front yard setback. Staff is also concerned that granting the requested 2-foot side yard setback variance would establish a precedent leading to additional side yard setbacks of under five feet as older homes in the area continue to redevelop and the owners of these smaller lots explore options for increasing their on-site storage. RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny the requested 7.9-foot west side yard setback, and approve the 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval, and adopts the attached Findings of Facts and Decision. 1.Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 2. The exterior wall and eaves on the wall facing the property line will need to be built using fire-resistant rated construction in areas where the separation distance from the property line is less than five feet. 3. A building permit must be obtained before beginning any construction. 4. Must provide the Minnehaha Creek Watershed District with calculations of the total area of disturbance and total volume of any excavation/fill. If these totals trigger the District’s permitting requirements, any and all required permits from the Watershed District must be obtained before starting work. 5. The installation of any improvements on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 6. Total lot cover shall not exceed 3,119 square feet. 7. The detached garage’s eaves may encroach up to one foot into the required front yard and side yard setbacks. 8. The detached garage must have gutters and the downspout extensions must not direct water towards the neighboring property. ATTACHMENTS 1. Findings of Fact and Decision (Alternative Approval) 2. Variance Document (Alternative Approval) 21 3711 South Cedar Drive January 4, 2022 Page 13 3. Development Review Application 4. Variance Request Justification 5. Survey (Pre-existing) 6. Proposal Plans 7. ENG/WRC Memo 8. Affidavit of Mailing g:\plan\2022 planning cases\22-01 3711 south cedar dr var\staff report_3711 south cedar_var.docx 22 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (PARTIAL APPROVAL) IN RE: Application of Jeff Robinson on behalf of Michael Corrigan for setback and lot cover variances to facilitate an addition to a nonconforming detached garage on a property zoned Single Family residential District (RSF) – Planning Case 2022-01. On January 4, 2022, 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 Single Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: Lot 25, Block 4, Red Cedar Point Lake Minnewashta 3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding:The City’s Zoning Code recognizes the need to allow the owners of nonconforming residential properties to improve their properties. Given the constrains created by the substandard lot size, allowing the modest expansion of a nonconforming garage so that it can accommodate the indoor storage of both vehicles and typical property maintenance and recreational items is in harmony with the purposes and intent of Chapter 20. Since the nonconforming garage’s current 21.8-foot front yard setback is typical for the neighborhood and the applicant is proposing a reduction to the property’s nonconforming lot cover, granting variances to maintain the existing front yard setback and for the reduced lot cover amount is appropriate. The applicant is also proposing a 2-foot side yard setback variance which is not justified by the structure’s existing nonconformity or neighborhood’s general development pattern. The intent of the City’s nonconforming use ordinance is to prevent nonconforming structures from expanding in ways that could negatively impact surrounding properties and it requires expansions to meet required setbacks, unless a variance is issued. In this case, the applicant 23 2 cannot widen the structure without a variance, but by placing the addition on the east side rather than the west side the applicant can achieve a similar result while maintaining a 5-foot rather than 2-foot side setback. Given the high potential for structures with 2-foot setbacks to negatively impact adjacent properties, granting the requested 2-foot variance would not be in harmony with the purposes and intent of the City’s nonconforming use ordinance; however, granting a 5-foot side yard setback would balance the applicant’s need for additional storage space with the need to minimize the structure’s impact on the neighborhood in a manner consistent with the City Code. b.When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the 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. Finding:Given the narrowness of the existing garage and the need to store various items on site, the applicant’s request to expand the garage is reasonable. The substandard size of the lot and the location and size of existing structures mean that the applicant cannot widen the garage without front yard, side yard, and lot cover variances; however, the extent of the requested side yard setback variance is not necessitated by the above factors. A similar amount of storage space could be created by adding on to the east side of the garage instead of the west side of the garage. Adding on to the east side would require a 5-foot side yard setback variance rather than the 7.9-foot side yard setback variance required to add on to the west side of the garage. When reasonable use can be achieved with a less impactful variance that the requested variance, it is the City’s policy that the less impactful variance should be granted. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding:The landowner’s inability to increase the width of the garage without setback and lot cover variances is the result of substandard size of the lot and the size and location of the property’s existing structures; however, the extent of the requested side yard setback variance is the result of the applicant’s design choice rather than any unique feature of the property. If the addition is constructed off of the east side of the detached garage rather than the west side, only a 5-foot side yard setback variance would be required. For this reason, the City grants a 5-foot east side yard setback variance rather than the requested 7.8-foot west side yard setback variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: Red Cedar Point is one of the City’s oldest neighborhoods and many of the homes are located on lots that are significantly narrower than the Zoning Code’s 90-foot minimum lot width. This has resulted in many properties that do not have the required 10-foot side yard 24 3 setbacks. Granting the 5-foot side yard setback identified in Alternative C would result in a side yard setback that is not atypical for the area and would maintain 15 feet of separation between detached garage and the structures on the neighboring parcels This separation helps to create a visual break between structures and provides for greenspace along the streetscape, consistent with the intent of the City’s side yard setback ordinance. Granting a 5-foot side yard setback variance, allowing the property to maintain the existing garage’s front yard setback variance, and approving the proposed lot cover would not be out of character with or negatively impact the surrounding neighborhood. The applicant’s requested 2-foot side yard setback would be out of keeping with the neighborhood’s prevailing side yard setbacks. Granting the requested 2-foot side yard setback variance would establish a precedent that could lead to additional side yard setbacks of under five feet as older homes in the area continue to redevelop and the owners of these smaller lots explore options for increasing their onsite storage. Allowing structures to expand to within two feet of the side lots, especially near the street, would negatively impact the visual aesthetics of the area by reducing front yard greenspace and the visual separation between structures. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2022-01, dated January 4, 2022, prepared by MacKenzie Young-Walters is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments denies the requested 7.9-foot west side yard setback, and approves the 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval. Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny the requested 7.9-foot west side yard setback, and approve the 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval, and adopts the attached Findings of Facts and Decision. 1.Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 2. The exterior wall and eaves on the wall facing the property line will need to be built using fire-resistant rated construction in areas where the separation distance from the property line is less than five feet. 3. A building permit must be obtained before beginning any construction. 4. Must provide the Minnehaha Creek Watershed District with calculations of the total area of disturbance and total volume of any excavation/fill. If these totals trigger the District’s permitting requirements, any and all required permits from the Watershed District must be obtained before starting work. 25 4 5. The installation of any improvements on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 6. Total lot cover shall not exceed 3,119 square feet. 7. The detached garage’s eaves may encroach up to one foot into the required front yard and side yard setbacks. 8. The detached garage must have gutters and the downspout extensions must not direct water towards the neighboring property. ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2022. CITY OF CHANHASSEN BY: Its: g:\plan\2022 planning cases\22-01 3711 south cedar dr var\findings of fact and decision 3711 south cedar drive (staff alternative).docx 26 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2022-01 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 denies the requested 7.9-foot west side yard setback, and approves 5-foot east side yard setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 25, Block 4, Red Cedar Point Lake Minnewashta, Carver County, MN. 3. Conditions.The variance approval is subject to the following conditions: Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny the requested 7.9-foot west side yard setback, and approve 5-foot east side yard setback, 8- foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of Approval, and adopt the attached Findings of Facts and Decision. 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 2. The exterior wall and eaves on the wall facing the property line will need to be built using fire-resistant rated construction in areas where the separation distance from the property line is less than five feet. 3. A building permit must be obtained before beginning any construction. 4. Must provide the Minnehaha Creek Watershed District with calculations of the total area of disturbance and total volume of any excavation/fill. If these totals trigger the District’s 27 2 permitting requirements, any and all required permits from the Watershed District must be obtained before starting work. 5. The installation of any improvements on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 6. Total lot cover shall not exceed 3,119 square feet. 7. The detached garage’s eaves may encroach up to one foot into the required front yard and side yard setbacks. 8. The detached garage must have gutters and the downspout extensions must not direct water towards the neighboring property. 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. 28 3 Dated: January 4, 2022 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2022 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 g:\plan\2022 planning cases\22-01 3711 south cedar dr var\variance document 22-01.docx 29 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Pnone: (952) 227-1'100 / Fax: (952) 227-1110 Submittal Date:i)n,t . ,a,a<) APPLICATION FOR DEVELOPMENT REVIEW CITY OT CHAI{HASSXI{ Section 1: Application Type (check all that apply) (Refer to the apprcpiate Application Checklist for requircd E Comprehensive Plan Amendment......................... $600 E Minor MUSA line for failing on-site sewers..... $100 E Conditional Use Permit (CUP) E Single-Family Residence ................................ $325E Att otners...................... $425 E lnterim Use Permit (lUP) D ln conjunction with Single-Family Residence.. $325 E Al others...... ....................-. $425 E Sign Plan Review................ ....... $150 ! site ptan Review (sPR) fl Administrative ..................... $100 thousand square feet) 'lnclude number of gllElDg employees: *lnclude number of !9!y employees n Residential Districts.................... Plus $5 per dwelling unit ( submittal infotmation that must accompany this application) fl Subdivision (SUB) n Create 3lots or less ......,- a;;;i; ;,;'1 r"t".-................ ...............'...'.$300 $600 + $15 per lot $3oo $150 $150 $700 .... $300 ........ $150 ........ $27s fl Wetland Alteration Permit (W E Single-FamilyResidence E Att others...... L5!addresses) trtrtrtr ( tots) Metes & Bounds (2 lots)............................. Consolidate Lots... Lot Line Adiustment......... Final Plat............. (lncludes $450 escrow for attorney costs)* 'Additional escrow may be required for other applications fl Rezoning (REZ) through the development contract' E ptanneO Unil Development (PUD) .................. $750 n Vacation of Easements/Rightof-way (VAC) f] Minor Amendment to existing PUD...-........-.... $100 (Additional recording fees may apply) E Rll ottrers $500 :l I Commercial/lndustrialDistricts.......................$500 r-1, Plus $10 per 1,000 square rJ;i;ril;;il;;;;, -- U zonins Appeal""" " ""'.............. $100 E Zoning Ordinance Amendment (ZOA)................. $500 !qIE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. E Notification Sign (city to install and remove) . I Property Owners' List within 500' lcity to generate after pre-application meeting) ....'... """"" ""$500 units) E '" " "" """" " $2oo .4 ..-...... $3 per addresstqb .... $50 per document[l Escrow for Recording Documents (check a' n Conditional Use Permit E Vacation E Metes & Bounds Subdivision (3 docs.) ll thal apply)......... E lnterim Use Permit E Site Plan Agreement n Wetland Alteration PermitVariance Easements L_ easements)D Deeds TOTAL FEE:54b Section 2: Required lnformation Description of proposat: ADDITION ot SOUTHEAST SIDE OF DETACHED GARAGE (approx. 5'4" x 20') Will not add to hardcover Property Address or Location:3711 South Cedar Dr 256600430 Lot 25 Blk 4 Red Cedar Point Lake MinnewaushkaParcel # Total Acreage: Present Zoning Existing Use of Property:Low Density Single Family Home Single-Family Residential District (RSF Requested Land use o""isnation, R€l{Qr{ifl 0{SHOF($SE BECEIVED 0.18 Wetlands Present? Single-Family Residential District (Rfl Residential Low De Ives ENo Requested Zoning: Present Land Use Designalion: ncheck box if separate nanative is attached. on, ol I c -llzw cct.r ;\lz*l1z- 6o-Day ReviewDate:=LLLI-=\L- Legal Description: DEC 0 3 202t CHAIIHASSEN pt-AI'tNtNG DEPI 30 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 to file this application. I agree to be bound by conditions of approval, sub.iect only 1o 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 of full 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 will keep myself informed of the deadlines for submission of material and the progress of this application. I fu(her undersland 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 submitted are true and correct. Name:Murphy Bros. Building & remodeling Address 1330 Park Ave. City/Statezip: Email: Chanhassen MN 55317 Signalure:Date: PROPERTY OWNER: ln signing this application, I, as property owner, have full legal capaclty 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, sub.iect only to the right to obiect at the hearings or during the appeal periods. 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. I certify that the information and exhibits submjtted are true and correcl. Name:Michael Corrigan Address 3711 South Cedar Dr Chanhassen MN 55331 jrobin m 6on1ra1. Jeff Robinson Phone: 963) 780-3262 Cell: Fax: 6on1""1. Michael Corrigan Phone: (651) 491-7070 city/stare/zip Email:gan.ml@gmail.com Cell: Fax: Contact Phone: Signature PROJECT ENGINEER (if applicable) Name: Address City/Statezip Email: This application must ilJ comptYed 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 Applicalion 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. G,Za Section 4: Notification lnformation 'Other Contact lnformation: E Property Owner Via: E Email E Applicant Via: E Email ! Engineer Via: E Email E otner via: E Email Name: Address City/State/Zip Email: INSTRUCTIONS TO APPLICANT: Com plete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM E Mailed Paper Copy E Mailed Paper Copy n laaiteo Paper copy E laaiteo Paper copy (612) 388-5599 foll - tro'- oae, lh't4.?pLt Who should receive copies of staff reports? 31 ru MURPHY BROS . li 1330 Park Rd. Chanhassen MN 55317 (763)780-3262 REQUEST FOR VARIANGE For Property at3711 South Cedar Dr. Ghanhassen MN 55331 O\M.,|ER: Michael Corrigan 11-29-21 DESCRIPTION OF VARIANCE REQUEST: Request for a variance to add an addition to the southeast side of existing detached garage. Proposed Size of the addition is 5'4" x 20'. Foundation will be setback 2'-1" from Property Line The new Eave will be setback 1'2" The Addition will decrease hardcover. lt will repurpose existing hardcover while removing blacktop which decreases. Request for variance complies with the findings pursuant to Section 20-58 as follows: A. The neighborhood surrounding the property has many non-conforming lots. The variance will provide a garage expansion that is common to the neighborhood while not increasing hardcover. This lot is non-conforming consisting of less than 7700 square feet. B. The proposed location on lot is necessitated by lack of other options for added storage. The other locations considered do not work as well: The northside of the garage is the main access to the house. Any other locations would increase hardcover. C. Only other option would be at rear of home which would make visible from the Lake and add to hardcover. This request is based on most viable option for increasing needed storage without increasing hardcover. D. This lot is located in an area of many non conforming lots due to the proximity to Lake and age of homes Submitted by: Jeff Robinson Project Coordinator Murphy Bros. Bldg. & Remodeling (612) - 3e&s599 11t29t2021 On behalf of property owner: Michael Corrigan NOTE: The new Addition will corne in line with the Existinq House setback and not encroach closer to propertv line E. This proposal is epmmon to area of Non-conforming lots. CITY OF CHANHASSEN RECEIVED DEC 0 3 2021 CHAIIHASSEN PI.ANNING DEPT 32 33 34 35 36 37 38 39 40 Memorandum To: MacKenzie Young-Walters, Assistant Planner From: Erik Henricksen, Project Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Joe Seidl, Water Resources Engineer Date: 12/21/2021 Re: Variance Review at 3711 South Cedar Drive – Planning Case #2022-01 The Engineering Department has reviewed the variance submittal for 3711 South Cedar Drive. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the application in the final order. Note that references to the “City Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all utility and transportation plans submitted with this application have been reviewed only for the purpose of determining the feasibility of providing utili ty and transportation facilities for the project. A recommendation of variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, utility connections or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Departments will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 41 2. It is the opinion of the Engineering Department that the proposed variances can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The applicant is requesting a lot cover and a setback variance to facilitate the construction of a 105 square foot addition to an existing detached garage located at 3711 South Cedar Drive. Based on the provided plans and narrative, there are no impacts or improvements associated with public utilities (sanitary sewer, water, storm sewer, streets, etc.) or any public easements. Furthermore, there is no net increase to the sites calculated lot cover as the approximately 105 square foot addition will be replacing an existing impervious surface (bituminous). As such, Engineering and Public Works have no proposed conditions based on the provided submittals. However, the proposed addition to the garage will have a foundation approximately two feet from the property line that is shared with 3713 South Cedar Drive, and the eaves will extend to within approximately one foot of the property line. If the variance application is approved, and due to the proximity of the proposed addition to the neighboring property, a private temporary construction easement or an agreement for right of entry is strongly recommended to ensure that if access to 3713 South Cedar Drive is necessary to facilitate the construction of the addition on 3711 South Cedar Drive that it has been agreed to prior to commencement of any construction activities. Proposed Conditions N/A 42 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE Kim eu\4ts ty lerk Subscribed and s this;t)-.! day of to before me (__Notary Public ,2021 JEAI1J M STATE OF MINNESOTA) ) ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on December 22,2021, the duly qualified and acting City Clerk ofthe City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public Hearing to consider a request for setback and lot cover variances to add an addition on to an existing detached garage on property located at 3711 South Ceder Drive. Zoned Single' Family Residentiat (RS$ Applicant: Murphy Bros. Building & Remodeling. Property Owner: Michael Corrigan. to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, MinnesotA and by other appropriate records. t ful..,fr ,1,&4 43 Subiect Parcel Dilctraimor This map is neither a legally re@raled map nor a survey and is not intended to be used as one. Thls map is a comrilaton of recotds. iniormaton and data located in vaious crty, county, stiate and lederal ofices and other sources regarding the area shown, and is to be used ior rebrcnce puQoses only. TIle Crty does not waflant that the Geographic lnformaton System (GlS) Oalia used to pEpare thrs rnap are enor tree, and the C,ty does not lepresenl that the GIS Oala can be used fo. navEaijonal, hacking or any oth€r purpGe requiring exacting measurement ol distance or directon or rxecision in the deFiiction of geographic featues The preceding disdaimer is provided pu6uanl to Minnesob Statutes y66 03. Subd. 21 (2000). and the user of this map actnowl€dges ihat the City shall not be laable for any damages, and epressly waives all daims, and agrces to defend, indemnify. and hold hamless the CiV from any and all claims brouohl by User, its employeB or agents, or third parti€s which adse out of lhe us€/s access or use of data provialed. OlscLimo. This map is nerther a legally recorded map nor a $rrvey and is not intended to be used as one This map is a @mpilation of recods, iniomation and data located in vadous cjty, county, state and federal offces and other sources regBrding the are, shown, and is to be used lor relerence pu.poses only. The Ci9 does hot wanant lhat the Geo06phic lnformation Syste.n (GlS) Oata used to pEpare this map are eror free, and the Cily does not Gpresenl thal the GIS Oata can be used fo{ navigational, traddng o. any other purpGe equiring exactino meaSuemeit of distance or dileclioo or precasion an the d€piclion ol g€ographic Eatues. The preceding disdaimer is provrded pursuant to Minnesota StaMes 5466.03, Subd 21 (2000), and the user of this map aclnofll€does that the City shall not be liable for any damaoes. and epressly waives all daims, and aorees to deiend. indemnity, and hold haml6s the City from any and all daims b.ouoht by User, its employees or agenls, or tiird parties which arise od of the useis access or use of data provrcled. ITAX_NAMET ITAX_ADD_LI l <TAX_ADD_L2r (Next RecordD(TAX_NAMEn ITAX_ADD_L1r (TAX ADD L2D Subject Parcel t \\r .\ a .I 1 \ 44 ! 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