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840 Carver Beach Rd Variance Staff Report_Final Project: Front Yard Setback Variance Request for 840 Carver Beach Road (Planning Case 2025-06) Planning Commission Review Date: April 15, 2025 60 Day Action Deadline: June 3, 2025 Drafted By: Rachel Jeske, Planner Staff Report Date: April 2, 2025 SUMMARY OF REQUEST: The applicant is requesting a variance from Section 20-615 Lot Requirements and Setbacks for the Residential Single Family (RSF) zoning district, which requires that all structures are set back a minimum of 30 feet from front property lines. The applicant is proposing a home expansion that encroaches approximately 2.3 feet into the front yard setback. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. PROPOSED MOTIONS: “The Chanhassen Board of Appeals and Adjustments approves the requested front yard setback variance for the expansion of a home at 840 Carver Beach Rd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 840 Carver Beach Rd April 4, 2025 Page 2 of 5 LOCATION: 840 Carver Beach Rd, Chanhassen, MN 55317 (Subject Property) APPLICANT: Bryan Anderson OWNER: Heather Wudtke CURRENT ZONING: Residential Single-Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 0.53 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 Lotus Lake. This parcel is a combination of lots 1024 – 1037 from the Carver Beach plat, which was platted in 1927. The house was built in 1954 and added on to in 2018 to create the existing 1,326 square foot home. The property is adjacent to unused public right of way on the east side of the property in addition to the public right of way on the south side which is where the property gains access to Carver Beach road. ZONING OVERVIEW Section 20-615 Lot Requirements and Setbacks for the Residential Single Family (RSF) zoning district requires that all structures are set back a minimum of 30 feet from the front and rear yards and 10 feet 840 Carver Beach Rd April 4, 2025 Page 3 of 5 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 Lot Area 15,000 s.f. 23,260 s.f. 23,260 s.f. Impervious Area 25% (shoreland restriction) 17.5% 18.4% Lot Width 90 ft 199.9 ft 199.9 ft Lot Depth 125 ft 201.2 ft 201.2 ft Front Setback 30 ft 22.7 ft 22.7 ft Front Setback (east) 30 ft 30.01 ft 30.01 ft Side Setback (west) 10 ft 20.5 ft 20.5 ft Rear Setback 30 ft 95 ft 95 ft The Subject Property was established with a plat in 1927 which predates the current RSF zoning district and as a result the existing front yard setback has lawful nonconforming status. This is one of the city’s oldest neighborhoods. The Applicant is requesting an addition located at an existing nonconforming setback and is not requesting to further encroach into the front yard setback. The proposed addition when added to the properties existing impervious area does not exceed the property’s maximum impervious percentage, and the location will allow for the most cohesive design. VARIANCE ANALYSIS City Code Section 20-58 provide the criteria for review when considering the request for a variance to the City ’s zoning code. Provided below is an analysis of those six (6) criteria. In order for the City to grant the variance, all of the criteria must be 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.” The proposed home addition is a reasonable use of the property and the proposed addition will not further encroach into the front yard setback and instead is designed to maintain the current lawful non-conforming front yard setback distance. This is in harmony with the general purpose of the zoning chapter and the city’s 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 840 Carver Beach Rd April 4, 2025 Page 4 of 5 difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” The property was platted in 1927 prior to the city’s adoption of current zoning ordinances. The property has public right of way on two sides, only one of which contains a roadway. The property is the combination of what had been platted as 14 small lots and combined into one lot which is currently 23,260 square feet in size. The applicant is proposing an addition containing a dedicated dining room and office space which is a reasonable use of the property. The location of the addition is also reasonable as it is proposed to be located no closer to the front lot line which maintains the current lawful nonconforming front yard setback. The existing lawful nonconforming setback and the additional front yard setback on the eastern side of the property due to excess right-of-way creates a practical difficulty in adhering to the minimum currently required front yard setback. 3. “That the purpose of the variation is not based upon economic considerations alone.” The proposed variance is not based on economic considerations alone; it is the result of a need for increased living and working space in the home. 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 of the property and the construction of the home prior to the City establishing a zoning ordinance. 5. “The variance, if granted, will not alter the essential character of the locality.” The applicant has proposed a location for the addition that is consistent with the current front yard setback of the home and not in close proximity to any adjacent properties. The addition will not alter the essential 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 addition 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. 840 Carver Beach Rd April 4, 2025 Page 5 of 5 “The Chanhassen Board of Appeals and Adjustments approves the requested front yard setback variance for the expansion of a home at 840 Carver Beach Rd subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” STAFF CONDITIONS Building Dept 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. A building permit must be obtained before beginning any construction. 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. If any soil corrections are done on the property a final grading plan and soil report must be submitted to the Inspections Division before permits are issued.