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