NarrativeJoseph and Cara Pavelko
6580 Pleasant View Way
Chanhassen, MN 55317
RE: Rear Yard Setback Variance Request — Application Checklist #5 and #6
5. Written description of variance request.
We are requesting a variance from the 30' rear yard setback to build a 14' by 10'
open air deck. The house was built in 1981 and a portion of the house currently sits
within the 30 foot setback already (26.1 feet from the property line). Constructing
the deck would result in an approximate distance of 17 feet between the deck and
rear lot line.
6. Written justification of how request complies with the findings for granting a variance
(pursuant to Section 20-58) as follows:
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.
We believe the variance request is in harmonywith the Chapter and comprehensive
plan. The construction of the deck will not change, alter, or be in disagreement with
the comprehensive plan. Current land use and zoning will not change.
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.
There are practical difficulties in complying with the zoning ordinance because of
where the house was originally sited on the lot when it was built in 1981. A portion
of the NW corner of the house (as originally built) is within the 30 foot setback (26.1
feet from the property line). It would not be practical to move the house to comply
with current zoning ordinance.
C. That the purpose of the variation is not based upon economic considerations alone.
The purpose of the variation is not based on economic considerations alone, rather
on the constraints of where the house was built in relation to the lot lines. The
uniqueness of the house location and lot make it difficult to comply with zoning
requirements while also making improvements to the property.
D. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
The uniqueness of the property is a result of when it was zoned, platted, and built in
1981 which was not created by us.
E. The variance, if granted, will not alter the essential character of the locality.
Approval of the variance will not alter the essential character of the neighborhood in
any way. Our house might be the only house in the neighborhood without a deck.
Approval of the variance will also improve the overall aesthetic appeal of our
property and the neighborhood. The adjacent neighboring houses range from
approximately 105ft (closest) to 276ft (furthest) away from our house. In addition,
there is a 15' elevation difference between Pleasant View Road (higher) than the
proposed deck location (lower) resulting in a more private location from neighbors.