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Revised Written Justification for Variance ApplicationJanuary 28, 2022 City of Chanhassen Community Development Department Planning Division 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 RE: WRITTEN JUSTIFICATION FOR THIRD VARIANCE REQUEST FOR 6609 HORSESHOE CURVE, CHANHASSEN, MN 55317 COMPLIES WITH THE FINDINGS FOR GRANTING A VARIANCE PURSUANT TO SECTION 20-58 *"REVISIONS TO VARIANCE APPLICATION DATED SEPTEMBER 27, 2021** Dear Planning Division. As required by the City of Chanhassen, and in follow up to the City's Findings of Fact written communication dated October 19, 2021 and the granting of a sixty-day waiver, we are submitting the following revised written justification in support of our variance request. VARIANCE REQUEST - REVISIONS Sec. 20-58. General conditions for Qranting. To review; a variance may be granted if all of the following criteria are met: (1) Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. (2) 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. (3) That the purpose of the variation is not based upon economic considerations alone. (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner- (5) The variance, if granted, will not alter the essential character of the locality. (6) Variances shall be granted for earth -sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter. Permit us to review the items for the Cit 's consideration and related REVISIONS: SHED FOR LAKESIDE RECREATIONAL EQUIPMENT STORAGE. We wish to place an eleven foot by twelve -foot (1 V x 12') storage shed at the lakeside adjacent to the new modular deck built in 2021 one (1) foot from the side yard property line on the eastern side and eight (8) feet from the shoreline. The placement of this shed requires a variance from the 1 0-foot side yard setback and 10-foot and shoreland ordinary high- Water level (OHWL) setback. Assuming the variance is granted, the City has indicated that a zoning permit would be needed to place a prebuilt shed on the property. En'o ment and Use of Lakeshore E ui ment.and Pro,13erty Our shed or water -oriented accessory structure (WOAS) is. necessary for storage of watercraft equipment, including storage of related boating and water -oriented sporting equipment, that reasonably needs to be stored closer to the water for proper enjoyment and access. The specific shed size proposed accommodates our lake recreational equipment, including a 1.5-foot canoe, two (2) 13.2-foot paddle boards, and kayaks. A 11x12 foot.shed has the required diagonal length of 16.28 feet based on Pythagorean theorem (dz = 12 + w2) or 1.6.28 = 122 + 11 to safely store these items in a secure manner. A shed any smaller in size would not be able to store these items. Further Considerations for WOAS Variance Grant We highlight applicable Code language that states, as an alternative for general development and recreational develo ment waterbodies water -oriented accessory structures used solely for watercraft storage and including storage of related boatinq and water -oriented sporting ectuilament, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. See generally, Sec 20-481 (e)(2)(f), Placement, Design, and Height of Structure, Chanhassen Municipal Code. We further point to the Code language that states the structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography., increased setbacks, or color, assuming summer, leaf -on conditions. See generally, Sec 20-481 (e)(2)(c), Placement, Design, and Height of Structure, Chanhassen Municipal Code. In our case, the proposed use for the shed is exclusively for the:storage of watercraft equipment and related boating and water -oriented sporting equipment. The proposed location for the shed is tucked away at the far eastern corner of the property adjacent to the newly built deck, which is also very low profile. The shed will be minimal in design and will match the.aesthetic of our home (black in color). As it stands, one cannot see our house during summer months due to the high density of tree foliage. The shed will be located behind a.set of mature maple trees located right on the shoreline. As such, it is ideally placed to reduce.its visibility from the lake. In our past conversations with the City Planning Department dating back nearly two years, we were told that the City would support either a deck. OR shed, but not both. As a result, we elected to build a deck. within the allowable pre-existing footprint. While we certainly appreciate that the City supported our placement .of a modular, completely removable deck that was grandfath.ered into the location of the old deck and paver patio, this is only part of the. equation. The normal and customary use of this area would logically require some form of storage to truly enjoy the space and not create practical difficulties. In an email dated September 21, 2021, the City stated that when a shed and patio/deck are contiguous, they are treated as a single WAGS. In this case, the City first indicated that this combined shed and deck WOAS was approximately 308 sq. ft. However, in the subsequent Findings of Fact dated October 19, 2021, the City corrected its initial calculation to 357.5 sq. ft. The City further.indicates that it would only support a WOAS up to 308 sq. ft. The City also asserts that we can remove and rebuild the deck that was just built, i.e., reducing the size by 49.5 sq. ft. This is. certainly not reasonable considering the cost and time that it took to build it in the first place. We also reiterate that we.were told originally that we had to choose between a shed and deck.per.City Planning's instruction. The proposed shed placement will not exceed hardcover requirements and we would ensure that this shed is moveable and not a permanent structure, as to allow the City of Chanhassen access to any necessary sanitation line. We continue.to have a hardship issue since under the current situation, we have no place to store anV valuable boating or swim equipment, as well as expensive furniture and tools that are used at the lakeside on a normal basis. We have previously had items stolen from our boat and lakeshore since they were out in the open. The normal and customary use of this area would logically require some form of storage. to truly enjoy the. space. and not create practical difficulties in liftingawkward and heavy lake equipment up and down the property. SECURITY GATE AT DRIVEWAY ENTRANCE ONLY AND RETENTION OF PRE-EXISTING PARKING PAD AT ROADSIDE. We wish to install a six-foot, six-inch (6' 0") high opaque security gate at the driveway within ten (10) feet of the edge of the street. We understand this installation would require a variance for an opaque, metal fence taller than three feet in the front yard. We are also removing all other previously proposed fencing around the property. The one (1) exception is the opaque, metal security gate at the entrance to the driveway within ten (10) feet of the edge of the street. In previous email communications. dated August 10, 2021 to MacKenzie Walters, owing to the unique conditions of our property, notably the downward slope starting at the street and continuing toward our home, we expressed that an opaque security gate. at the driveway is an important feature to include on our property. Due to the city's definitions provided, the City of Chanhassen would only permit a 3-foot-high opaque. fence at the driveway.side of our property. However, a 3-foot-high fence on a downward slope .will do nothing to provide us with the required security. As a result, we are.asking for a six-foot six -inch -high opaque fence and gate in the front yard to match the height of the privacy fence height allowed for side yards. Cars, including delivery trucks and postal vehicles, accidentally drive down the driveway and fail to understand the inability to stop once the decision is made to comedown the driveway . The average weight of a vehicle is 4,156 pounds, according to a 2020 report from the Environmental Protection Agency (EPA). Most SUVs weigh between 2,000 and 6,000 pounds, with the most popular, midsize models weighing around 5'000 pounds. There is some component of a vehicle's force going horizontally and then vertically as the vehicle transitions from the road down the driveway. That force accelerates as the car descends down the slope, creating momentum that cannot be stopped even by hitting the brakes.in winter conditions. This is a security and safety issue, especially in winter, as the driveway becomes a hazard where snow or ice is present. Individuals not familiar with these specific driveway conditions do not realize that they cannot stop once the decision is made to.come down and potentially be injured and or.damage our home. During winter conditions, a 2-6-tan vehicle will crash through the gate with a 30-feet setback, but the momentum is greatly reduced at a 10-foot setback. Without the grant of a variance, the City of Chanhassen would only permit a 3-foot-high opaque fence at the driveway side of bur property. Our architect has prepared an entry gate. section diagram that provides a visual of where the gate would have to be placed at the 30-foot setback on a slope and where we are requesting that the gate be placed at the 10-foot setback from the. street, See enclosed Updated Variance Application Information 1.28.2022, page 6. This rendering helps demonstrate why a security gate at the .30-foot setback at an angled downward of 19.5 % slope will do little to prevent a car from sliding down the hill in icy or wet conditions. Furthermore, a three-foot high opaque security gate is so short that this is not safe or secure when faced with a 5 to a- foot -tall SUV driving down. We specifically are asking for a 6 foot 6-inch-high security gate to match the City code's side yard fence height limit and to account for the height of a standard SUV or similar delivery vehicle. Lastly, we currently have a parking pad that is.often used when we cannot safely go down our driveway due to inclement weather. We are enclosing two .(2) recent images of our vehicle parked on the pad this winter: This parking pad, as proposed in our architectural .drawings, remains within the same preexisting footprint. The inclusion of the pad does not unduly increase hardcover on the property. At current calculations, the change for all related hardcover would be from 23% to 23:72%. This is a nominal amount and still under the Code's .25% hardcover rule for residential property. PRACTICAL DIFFICULTIES AND LIMITED USER ENJOYMENT We understand that variances are requested when the strict enforcement of the ordinance would cause a "practical difficulty" because of circumstances unique to the property, such as when the property cannot be put to reasonable use because of its size, physical surroundings, shape, or topography. In consideration of all equities and hardships in this case, we believe that our current revised variance application warrants favorable discretion, since everything we hope to do will improve the use of this property and reduce and prevent injury to people by avoiding the need to carry heavy lake equipment and other furniture up and down the property, and prevent injury or accidents to people or our home itself in the event they inadvertently drive down the driveway during cold weather months. CONCLUSION Our aim has remained to improve the natural enjoyment of the property while balancing the interests of the natural environment. We have selected products and made changes that we believe improve the property and preserve the surroundings. Thank you in advance for your due consideration of our request. Sincerely, Elise Brune and Brian Bruner