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9119 Lake Riley Blvd Variance Staff Report Project: Front Setback Variance Request (Planning Case 2024-21) Planning Commission Review Date: January 21, 2025 60 Day Action Deadline: February 18th, 2025 Drafted By: Rachel Jeske, Planner Staff Report Date: January 8, 2025 SUMMARY OF REQUEST: The applicant is requesting a variance from Section 20-615 Lot Requirements and Setbacks for the Residential Single Family zoning district, which requires that all structures are setback a minimum of 30 feet from front property lines. The applicant is proposing a garage expansion that encroaches approximately 2 feet into the front yard setback. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. PROPOSED MOTIONS: “The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves the requested front yard setback variance for the expansion of a garage at 9119 Lake Riley Blvd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 9119 Lake Riley Blvd January 8, 2025 Page 2 of 5 LOCATION: 9119 Lake Riley Blvd, Chanhassen, MN 55317 (Subject Property) APPLICANT: Thompson Construction, LLC OWNER: Joan E Joyce Trust CURRENT ZONING: Residential Single- Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 0.34 Acres LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate 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. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances. Chapter 20, Article 20-VII, Shoreland Management District Chapter 20, Article 20-XII, “RSF” Single-Family Residential District BACKGROUND The property is located on the west side of Lake Riley. It is a part of the Shore Acres plat, which was platted in 1951. ZONING OVERVIEW Section 20-615 Lot Requirements and Setbacks for the Residential Single Family (RSF) zoning district requires that all structures are setback a minimum of 30 feet from the front and rear 9119 Lake Riley Blvd January 8, 2025 Page 3 of 5 yards and 10 feet from side yards. Below is a table that displays the existing and proposed conditions of the subject property against the RSF zoning district lot requirements. RSF Existing Proposed Min Lot Area 15,000 s.f. 14,799 s.f. 14,799 s.f. Hardcover Max 30% 35.6%* 31.9% Min Lot Width 90 ft 96.4 ft 96.4 ft Min Lot Depth 125 ft 158 ft 158 ft Min Front Setback 30 ft 30 ft 27.2 ft Side Setback (north) 10 ft 15.2 ft 15.2 ft Side Setback (south) 10 ft 20.8 ft 20.8 ft Min Rear Setback 30 ft Home: 74.5 ft Home: 74.5 ft Min Bluff Setback 30 ft Driveway: 2 ft Deck: 14 ft Driveway: 32.5 ft Deck: 17 ft *Lawful nonconforming status The Subject Property is deficient in lot area as the property was established with a plat in 1951 which predates the current RSF zoning district and as a result is a lawful nonconforming lot. This is one of the city’s oldest neighborhoods and it has seen a substantial amount of turnover in housing stock leading to a blend of architectural styles. All the properties in this plat are substandard lots or are the product of the combination of substandard lots. The property has other existing nonconformities such as the hardcover, side yard setbacks for the driveway, and bluff setbacks for the driveway and deck. The applicant is proposing to decrease the hardcover and bluff setback nonconformances as a part of this project. ANALYSIS 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.” The requested variance fulfills the intent of the chapter as the proposed use of a two stall garage is a reasonable proposed use for the property with a single-family home and the garages’ minimal encroachment is found to be consistent with the comprehensive plan. 9119 Lake Riley Blvd January 8, 2025 Page 4 of 5 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.” The property owner proposes to expand a garage to allow for an interior door between the house and the garage, which is a reasonable use of the property. The proposed two stall garage is also a reasonable proposal and can only expanded towards the front lot line due to the unique construction and age of the home. 3. “That the purpose of the variation is not based upon economic considerations alone.” The proposed variance is not based on economic considerations alone and is part of an improvement that will allow the residents to age in place. 4. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” The plight of the landowner is created by the age and substandard size of the lot as well as the age and unique construction of the home. 5. “The variance, if granted, will not alter the essential character of the locality.” The applicant has proposed a minimal expansion that is unlikely to be noticed from the right-of-way. The applicant is also proposing exterior renovations to the property that will improve the character of the home. This is one of the city’s oldest neighborhoods and it has seen a substantial amount of turnover in housing stock leading to a blend of architectural styles, which therefore will not alter the character of the neighborhood. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” The proposed garage is not an earth-sheltered construction and therefore this statement is not applicable. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action. 9119 Lake Riley Blvd January 8, 2025 Page 5 of 5 “The Chanhassen Board of Appeals and Adjustments approves the requested front yard setback variance for the expansion of a garage at 9119 Lake Riley Blvd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” STAFF CONDITIONS Planning Department • Building plan submittal must decrease setback and hardcover nonconformities consistently with the proposed survey. Building Dept • A building permit must be obtained before beginning any construction. • 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 Engineering Dept • No conditions.