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7030 Lucy Ridge Variance Staff Report Project: Rear Setback Variance Request (Planning Case 2025-05) Planning Commission Review Date: April 15, 2025 60 Day Action Deadline: June 3, 2025 Drafted By: Rachel Jeske, Planner Staff Report Date: April 4, 2025 SUMMARY OF REQUEST: The applicant is requesting a variance from Section D: Lot Requirements and Setbacks from The Park Planned Unit Development, Ordinance Number 640, which requires that all structures are set back a minimum of 25 feet from rear property lines. The front, rear, and side property lines for each lot were established by the Site Plan approved with the developments Preliminary Plat. The applicant is proposing an indoor sport court addition to the existing single-family home and that addition would encroach approximately 2.9 feet into the rear yard setback. STAFF RECOMMENDATION: Staff recommends denial of the requested variance as the variance request does not meet the standards for approval outlined in City Code Chapter 20, Division 3. PROPOSED MOTIONS: “The Chanhassen Planning Commission acting as the Board of Appeals and Adjustments denies the requested rear setback variance for the construction of a sport court at 7030 Lucy Ridge Lane and adopts the attached Findings of Facts and Decision.” 7030 Lucy Ridge Ln April 4, 2025 Page 2 of 7 LOCATION: 7030 Lucy Ridge Ln, Chanhassen, MN 55317 (Subject Property) APPLICANT/OWNER: Xpand Inc. CURRENT ZONING: Planned Unit Development (PUDR) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 0.37 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-VIII, Planned Unit Development District Ordinance No. 640, The Park Planned Unit Development BACKGROUND The property is located on the west side of Lake Lucy. It is a part of The Park development Planned Unit Development (PUD), Bluffs at Lake Lucy phase, which was platted in 2020. The existing home was completed in 2024. ZONING OVERVIEW The Lot Requirements and Setbacks for The Park Planned Unit Development (PUD) Ordinance requires that all structures are setback a minimum of 20 feet in the corner yards, 25 in rear yards and 7.5 feet in side yards. Below is a table that displays the existing and proposed conditions of the subject property against the PUD zoning district lot requirements. 7030 Lucy Ridge Ln April 4, 2025 Page 3 of 7 PUD Requirement Existing Proposed Lot Area 15,000 s.f. 16,257 s.f. 16,257 s.f. Hardcover 5,500 s.f 4,193 s.f 4,767 s.f. Lot Width 90 ft 50 ft 50 ft Lot Depth 125 ft 179 ft 179 ft Front Setback (east) 20 ft or 25 ft with sidewalk 25.3 ft 25.3 ft Corner Setback (north) 20 ft 22 ft 22 ft Rear Setback (west) 25 ft 41.4 ft 22.1 ft Side Setback (south) 7.5 ft 18.3 ft 18.3 ft The Subject Property currently meets all lot requirements listed in the PUD Ordinance. The applicant is proposing a home addition, for the purpose of an indoor sport court, to encroach approximately 2.9 feet into the 25-foot rear yard minimum setback. In the City Code, a sport court typically falls under the definition of an accessory structure, because most sport courts consist of impervious pads with sport-specific detailing and equipment in an outdoor setting. In single-family zoning districts, outdoor sport courts are permitted as close as 10 feet from the property line. The proposed indoor sport court falls under the definition of a principal structure addition because the principal structure itself is proposed to be increased in size to accommodate a sport court within the building. The entire principal structure is subject to the principal building setback requirements, which for rear yards in this PUD is 25 feet. The Bluffs at Lake Lucy subdivision included a site plan establishing front, rear, and side yard setbacks for each lot. Provided here is the Subject Property and the established setbacks. With the subdivision the developer anticipated a home that would have a driveway accessing from the adjacent cul-de-sac of Lucy Ridge Lane. The property owner elected to construct a home that maintains a driveway off of the anticipated cul-de-sac of Lucy Ridge Lane, but with a front door that faces Lucy Ridge Circle. This was a design choice made by the property owner and does not impact the applicable setback assignments. Figure 1 - Bluffs at Lake Lucy site plan with setbacks 7030 Lucy Ridge Ln April 4, 2025 Page 4 of 7 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.” Applicant: This variance is in harmony with Chanhassen’s comprehensive plan and does not deter from the housing portion of that plan. We will meet or exceed the finish and build quality. Staff: The proposed house expansion is consistent with the zoning regulations and Comprehensive Plan. The applicants are proposing to improve their home to meet the needs of their family. 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.” Applicant: Nick and Christi, the homeowners, plan to use this addition as a multi -sport activity court, to encourage a healthy lifestyle. They have 2 young children who are very active and would greatly benefit from a dedicated gym space. Due to the shape of the lot and the location and layout of their new home, we have found that the best location for this addition is on the right side when looking at the front door. The “rear,” or South facing side of the home has many windows and faces the wetlands and walking path. The homeowner feels the proposed plans reflect the best location for this addition. Our goal is to be mindful of the overall look and feel of the primary structure and neighboring properties. This is a private space not accessible from the exterior of the home. The proposed location is on the West facing side of the home where there is a 40’-43’ distance from the property line to the current primary structure. Staff: Staff find that there are no practical difficulties in complying with the ordinance, as there are alternative options in terms of placement and design. The sport court could be located on the south side of the lot without encroaching into the required 7.5-foot side yard setback. Additionally, a variance could be avoided with an alternative design. No variance would be required if the proposed width of the addition was decreased by 2.9 feet. Another design alternative is constructing an outdoor sport court as opposed to an indoor sport court. Outdoor sport courts may be located as close as 10 feet from the rear property line. 3. “That the purpose of the variation is not based upon economic considerations alone.” 7030 Lucy Ridge Ln April 4, 2025 Page 5 of 7 Applicant: The purpose of the variation is NOT for economic reasons. If we were to add this space further towards the rear of the home, it would take away other desirable aspects of the primary structure. The mutual goal is to add a usable space and stay within the BSBL line of the survey provided. Unfortunately, the current and provided survey shows the BSBL 22 feet from the West property line, and we are being told that it needs to be 25 feet. This impacts the clients’ desire to build the proposed addition on the side of the home that impacts the neighboring homes the least. Also, the primary structure has a lookout basement which means the ridgeline of the addition will be lower than the primary structure by an entire level of the home. This also helps minimize the impact on the neighboring homes. Staff: The proposed variance is partially based on economic considerations, as moving the sport court to the side yard of the property would require the removal of windows with a view of the Lake Ann Park Preserve which are desirable features for the home and can increase home value. Desirability and convenience of location were also important factors. 4. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” Applicant: We are simply requesting to work within the existing survey BSBL line which identifies the area of the proposed Multi Sport Activity Court on the West side of the home. The current front door to the home faces Lucy Ridge Cir, but was originally facing Lucy Ridge Ln. The original home builder reworked the plans per the client request when in the design phase. This plan was submitted and approved in 2024. We were not part of the initial site layout, survey, or building process. Staff: The plight of the landowner is due to circumstances created by the restrictions of the PUD, the custom design of the house, and the incorrect surveying of the property. The Park Planned Unit Development has unique setback requirements for corner lots compared to other residential zoning districts. Typical corner lots have two front yard setbacks and two side yard setbacks. In The Park PUD, it is intended that each corner lot has one front, corner, side, and rear yard setback. The addition of the rear yard setback requires a larger setback, which was likely a negation for a higher standard of development within the PUD. The custom design of the house also impacted the remaining yard area for the sport court addition. If the house was located at the 20 feet front yard setback, as opposed to being setback 25 feet, a variance would not have been required. Additionally, the decision to locate the front door of the house on Lucy Ridge Circle, when the house is addressed on Lucy Ridge Lane, has caused confusion about the setbacks for the home. On the approved final plat for The Bluffs at 7030 Lucy Ridge Ln April 4, 2025 Page 6 of 7 Lake Lucy, this lot is shown with an eastern front yard, a northern corner yard, a western rear yard, and a southern side yard. The partially incorrect surveying of the property also added to the plight of the landowner. The rear building setback line on the survey was placed at 22 feet, which was not caught by staff in the permit review for the new home construction. But, the key on the survey lists the correct setbacks, and if the sport court was not an enclosed structure, it would have been permitted in the location shown on the survey. 5. “The variance, if granted, will not alter the essential character of the locality.” Applicant: We believe that this variance, if granted, will not alter the essential character of the site, as it is the lease invasive location for this addition. We have included all necessary subcontractors and tasks to rework the drainage on the west side of the home, which is currently an issue. We are improving or fixing other issues that arose after the home’s construction in 2024. 7030 sits at a lower elevation than 1813 Lucy Ridge Cir, so a proper swale will be formed to improve or fix the current drainage issues. Staff: The applicants’ proposal will not alter the essential character of the locality, as the architecture matches the existing home and the distance between houses is not outside of neighborhood character. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” Staff: The proposed sport court 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. “The Chanhassen Board of Appeals and Adjustments denies the requested rear setback variance for the construction of a sport court at 7030 Lucy Ridge Lane subject to the conditions of denial and adopts the attached Findings of Facts and Decision.” 7030 Lucy Ridge Ln April 4, 2025 Page 7 of 7 STAFF CONDITIONS Building Dept 1. Building plans must provide sufficient information to verify that proposed building/addition 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 will be issued.