04-15-25 PC agenda itemPlanning Commission Item
April 15, 2025
Item Consider Front Yard Setback Variance for 840 Carver Beach Rd (Planning Case
2025-06)
File No.25-06 Item No: B.3
Agenda Section PUBLIC HEARINGS
Prepared By Rachel Jeske, Planner
Applicant Bryan Anderson
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 0.53
Density
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
SUGGESTED ACTION
The Chanhassen Board of Appeals and Adjustments approves the requested front yard setback
variance for the expansion of a home at 840 Carver Beach Road subject to the conditions of approval
and adopts the attached Findings of Facts and Decision.
SUMMARY
The applicant is requesting a variance to maintain an existing nonconforming front yard setback of
approximately 22.7 feet. 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 to the
home located at an existing nonconforming setback. The proposal does not exceed the properties
51
allowable maximum impervious lot cover percentage.
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 it was added
on to in 2018 to create the existing 1,326 square foot home.
DISCUSSION
RECOMMENDATION
Staff recommends approval of the requested variance.
ATTACHMENTS
Application
Written Justification
Survey
Elevations
Floor Plans
Staff Report
Findings of Fact
Affidavit of Mailing
Affidavit of Publication
52
COMMUNIry DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-'l 100 / Fax: (9521227-1110 *crTYorcrrAttrrArsril
Submittal Date
APPLIC
z-13-75 ,",n",
ATION FOR DEVELOPMENT R
q4cJ-25 ."o","
EVIEW
60-Oay Review Date:6-\3-z 5
Section 1: Application Type (check all that apply)
E tnterim Use permit (lup) n Administrative Subd. (Line Adiustmenl)........ $150
n t, conjunction with single-Famity Residence.. $400 E Final Plat " " " $700'
E All Others....... ...................-. $600 n Vacation of Easements/Right-of-way (VAC)........ $300
(Addilional recording f6ss may apply)
(Variance lvnR)...................................
(Refer lo lhe apprcNiate Application Checklist for
! Comprehensive Plan Amendment............-............
E Conditional Use Permit (CUP)
n Single-Family Residence .
fl Att others
fl Rezoning (REZ)
E Planned Unit Oevelopment (PUD) ......
required submitlal infomation lhat must accofipany this application)
$700 ! SuOOivision 1SUel
E Plat 3 lots or less.....-..................................... $500
E Plat over 3 lots $1250
$400 ! Metes & Bounds (2 lots)..............................$300
$150$600 ! Consolidate Lots
...... $750 ............ $200
! Appeal of Administrative Decision
....... $100
$200
KS
E Minor Amendment to existing PUD $100
E Alt Others....... ....................- $600 E Wetland Alteralion Permit (WAP)
! Single-Family Residence............................... $1 50
$150 E ell ottrers............$275
E Site Plan Review (
E Administrative
SPR)
E Residential/Commercial/lndustrial Oistricts.. $750-- E Zoning Ordinance Amendment (ZOA)$500
A-IE: yyhon multiple applicaaions ere prccossed concwrendy, the appropri.te fee shatt be charged for each arytica,ion
ffitiRcation Sign (city to instalt and remove)$200
! Escrow for Recording Documents (check all that apply)$ per document
n Conditional Use Permit - $50 ! tnterim Use permit - $50 [ Site plan Agreement - g85
E Wetland Alteralion Permit - $50 ! Easements L_ easements) - g85 E Vacation - gA5
EfVariance - $50 ! Metes & sou;;Jsuu (2 deeds) - $250 E Deeds - 9100
TOTAL FEE:*lncludes $450 escrow for attorney costs.*-Additional escrow may be required for other applications through the development contract.
Description of Proposat: Wn9i'n3 a t\.lia3 fcprt h,ru.2 oQLcr, alUliorn aY or'gh*w t3qq0C*r'til^
Section 2: Required lnformation
Property Address or Location:
earcet*, 7Fl600g9O Legal Description
Total Acreage ,6 wetlands Present? tr V"" ff"
Present Zoning:
Present Land Use Designat
Requested Zoning
Requested Land U se Des nation
Existing Use of Property:
f] Check box if separate narrative is attached
53
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to lile this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and lam the party whom the City should contact regarding any mafter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior lo
any authorization to proceed wilh the study. I certify that the informalion and exhibits submitted are true and correct.
h\ru W\uts,'t Contact
Phone:
1br-ZZb-doA1
Address qqq (tuohl DAI^6 5f
City/State/Zipl tnJ//nt C awutV /n^] 5% 1?Cell:
Fax:
Date
I
{h, iAJ
^l
, Co rtt v
Signature
PROPERTY OWNER: ln signlng this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an eslimate prior to any authorization to proceed with the
study. lcertify that the information and exhibits submitted are true and correct.
,rr". .16n-[H[e- Nu d-ft<A son66.7@3-?zb 'd" 0\
Address It troAA Phone: ,Alt\(= -
City/State/Zip ofitwrwsdr! tAN A5 Cell:
Fax:
Date
1Ar^€
Email
Signature
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all
information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Name:Contact:
Phone:Address:
City/State/Zip
Email:
Cell
Fax
*Other Contact lnformation:
f, Property Owner Email Name
E Applicant
! Engineer! omer
Email Address
Email City/State/Zip
Email:Email
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to lhe city for processing.
I
Name:
Email:
Section 4: Notification lnformation
Who should receive copies of staff reports?
54
Re: Variance request for 840 Carver Beach Road, Chanhassen, MN 55317.
5. We are requesting a variance for our residential homestead property. We are limited to
expanding our home on this distinct spot because of current location on our lot and current layout
of our home. Since moving into this home back in 2020 we need the additional space for a dining
room area upstairs and additional space for an office space in the lower level as we both work from
home for our professions.
6. a-f) The goal is to follow the existing house structure and due to the circumstances unique to our
property - location of the original/ existing house and shape the shape of our lot - makes it difficult
to expand the house without requesting a variance. In addition, to best use the current layout of the
home and an expansion we are requesting the variance. The location of the proposed addition
allows us to expand existing living space upstairs which is now multipurpose versus distinct space
for a dining room and living room without making major modifications to the existing structure of
the home. In addition, the location of proposed addition downstairs allows us to have distinct
space for an office and family room without making major modifications to the existing structure of
the home.
55
56
BRYAN AND HEATHER WUDTKE
PORCH AND DECK ADDITION
840 CARVER BEACH ROAD
CHANHASSEN, MN
PHILLIP D. JOHNSON ARCHITECT
9116 34TH AVENUE NORTHMINNEAPOLIS, MN
55247
763-545-1072
5 E. & N. EXT. ELEVATIONS
3-13-‘25
1CA2947
2'-4 1/2"
frame
frame3'-11 1/8"1CA29472WE3'-11 1/8"1CA29472WE
4'-9"
frame
frame2'-4 1/2"
frame
frame3'-11 1/8"EXISTING
CMU WALL
EXISTING HORIZ
SIDING frameNORTH ELEVATION
1/4" = 1'-0"
SIDING TO
MATCH EXISTING
ASPHALT SHINGLES TO
MATCH EXISTING
MATCH EXISTING
12
4
EXISTING
12
4
ROOF VENTS
3'-11 1/8"1CA29472WE
4'-9"
frame
frame3'-11 1/8"1CA29472WE
4'-9"
frame
frame3'-11 1/8"1CA29472WE
4'-9"
frame
frameMATCH EXISTING
12
4
EXISTING
12
4
EAST ELEVATION
1/4" = 1'-0"
NEW CONSTRUCTION EXISTING HOUSENEW CONSTRUCTION
NEW CONSTRUCTION EXISTING HOUSE
57
BRYAN AND HEATHER WUDTKE
PORCH AND DECK ADDITION
840 CARVER BEACH ROAD
CHANHASSEN, MN
PHILLIP D. JOHNSON ARCHITECT
9116 34TH AVENUE NORTHMINNEAPOLIS, MN
55247
763-545-1072
verify
12
4
SOUTH ELEVATION
1/4" = 1'-0"
WEST ELEVATION
1/4" = 1'-0"
NEW FOUNDATION WALL
TO MATCH TOP OF EXISTING
BREAK INTO EXISTING
CMU CORNER, SET 16"-5/8" REBAR
IN EXISTING AND NEW CMU AT
EVERY OTHER COURSE. .
GROUT CORES FULL HEIGHT.
WD STEPS & PLATFORM
ON EXISTING CONC SLAB
4X4 WD POSTS INTO
METAL SHOES ANCHORED
TO CONC.
1'-4"
frameframe3'-3 1/8" 12
4
verify
12
4
MATCH EXISTING
12
4
4 W. & S. EXT. ELEVATIONS
8" DIA CONC. PIER ON
16" DIA CONC. FOOTING
8" DIA CONC. PIER ON
16" DIA CONC. FOOTING
8" DIA CONC. PIER ON
16" DIA CONC. FOOTING
MATCH EXISTING
12
4
1'-4"
frame
frame3'-3 1/8"3-13-‘25
SIDING TO MATCH EXISTING
CUT EXISTING SIDING TO
STAGGER NEW SIDING INTO
EXISTING
ASPHALT SHINGLES TO
MATCH EXISTING
GUTTER AND DOWNSPOUT
EXISTING GUTTER
AND DOWNSPOUT
EXISTING NEW PORCH
VERIFY EXISTING FOOTING STEPS
DOWN TO FROST DEPTH.
EXISTING HOUSE NEW CONSTRUCTION
58
BRYAN AND HEATHER WUDTKE
PORCH AND DECK ADDITION
840 CARVER BEACH ROAD
CHANHASSEN, MN
PHILLIP D. JOHNSON ARCHITECT
9116 34TH AVENUE NORTHMINNEAPOLIS, MN
55247
763-545-1072
2 LOWER LEVEL PLAN
15'-4
26'-0"2'-4"10'-8"VERIFY13'-0"VERIFYWD CAP ON FNDTN WALLWD CAP ON FNDTN WALL1CA29472WE2-2X8 HDR2-2X8 HDR36'-4"
BDRM
BDRM
3'-0"GYP. BD.FINISHADD 3-2X4
POST AGAINST
FNDTN WALL
1 1/2" FURRING
1/2" GYP. BD.
1 1/2" FURRING
1/2" GYP. BD.
CUT 3'-4" M.O.INTO EXISTING
CMU FNDTN TO SILL PLATE.2-6X6-82-6X6-84-0X6-8
BI-FOLD
ROD & SHELF
ROD & SHELF
WD CAP ON FNDTN WALL
11 C CMU FOUNDATION
MATCH EXISTING FOUNDATION
HEIGHT
5'-0"EXISTING FNDTN WALL
4'-6"11'-0"
EXISTING FNDTN WALL
ICA29432WE
light-5.78 sq ft/wdw3'-4"MAS CUT1'-6"3-10 X 2-8
2-6X6-82-8X6-84-0X6-8
BI-FOLD
5'-0"6'-0"
LAUNDLAUNDFURNACE
W.H.flr to flr = 8'-1 1/2" flr to clg = 7'-2 1/2"13@7.5=97.5" - req'd hdrm = 80"Min R=7 3/4" Min T=10" 8'-5" + turn4"3'-0"
STAIR
WIDTH"
1'-0"
12-3 x 12-4=151 sq ft
light-8% 12 sq ft min
vent-4% 6 sq ft min
egress 5.7 sq ft:
min net opng 24" H, 20" w
BATH
2-2X10 HDR2-2X10 HDR 4'-88'-4"3-2X8 HDR3'-6"EXISTING FNDTN WALL
1CA29474X4 WD POST ON
20" SQ X 8" CONC FTG
W/ #5 REBAR @ 7" O.C.
EACH WAY3'-0"13R@7 3/8" = 7'-11"12T@10"=10'-0"1'-4"1'-5"2'-4"
2'-0" O.H.4'-0"6'-0"
VERIFY
2'-0" O.H.
13'-8"
VERIFY
7'-6"8" DIA CONC. PIER ON
16" DIA CONC. FOOTING
NEW CONST X EXISTING EXISTING SW CORNER OF HOUSEC35C35
LOWER LEVEL WINDOW OPTIONS
OR WOULD YOU WANT A PATIO
DOOR ON THE FRONT SIDE
UPPER LEVEL WINDOW OPTIONS
CAN CHANGE ALSO
REMOVE WINDOWS AND
CONC BLOCK TO FLOOR LEVEL up13’ DNSTAIRS 12’DNSTAIRS 22’-6”EXISTING WALLEXISTING POSTEXISTING POST
RELOCATE TO
UPPER LEVEL
SOUTH SIDE
3-13-‘25
LOWER LEVEL PLAN
1/4" = 1'-0"NORTH
FAMILY ROOM
24’-6”12’-0”VERIFY EXISTING ROOF OVERHANG2’-0”59
PHILLIP D. JOHNSON ARCHITECT
9116 34TH AVENUE NORTHMINNEAPOLIS, MN
55247
763-545-1072
15'-436'-4"
REMOVE DR., INSTALL
WINDOW. FILL REMAINDER
OF OPNG.
M BDRM
EXISTING
BDRM
13'-8"
VERIFY
2'-9"5'-6"
2
-
6
X
6
-
8WD CAP ON FNDTN WALLREMOVE SIDING &
SHEATHING.
ADD 1/2" GYP. BD.3'-11" VERIFY2'-4"10'-2"6'-5"3'-9"3'-2"66"van
5'-11"4'-0"3'-8"
EXISTING
LIVING ROOM
KITCHEN
DESIGN BY OTHERS
EXISTING 5'X6'
CONC SLAB1'-0" O.H.2-2X10 HDR2-2X10 HDR7'-6"ICA29432WE
light-5.78 sq ft/wdw
12-3 x 12-4=151 sq ft
light-8% 12 sq ft min
vent-4% 6 sq ft min
egress 5.7 sq ft:
min net opng 24" H, 20" w ICA29432WE
light-5.78 sq ft/wdw
14-10 x 15-0=2224 sq ft
light-8% 18 sq ft
vent-4% 9 sq ft
2R@7 1/2"
1T@ 10"
3'-0" STAIR
OPENING
NEW CONST X EXISTING EXISTING X NEW CONST
2'-0" O.H.
ROOF W/ MFG
TRUSSES OVER
4X4 WD POSTS
4'-0"6'-0"
VERIFY
ROD & SHELF20" DEEPBENCH @ 16"2-4X6-8REMOVE DR.
FILL OPNG
ICA2159ICA3759ICA3759ICA25392W
M BATH
ENTRY
36"van2-4X6-8BATH
SHELVESROD & SHELFDBL R&S3-0X6-8COMB DR3-0X6-8ENT. DR4'-0"2'-9"4-0X6-8
BI-FOLD 2-0X6-8BI-FOLDLIN.SHOWER
2-
4
X
6
-
8
2-4X6-81CA2947SHELVES3'-6"
2'-0" O.H.3'-6" ROD6'-9" ROD2'-6"3'-0"
1'-9"2'-6"2-2X8 FLUSH HDR3-2X8 HDR 2-2X8 HDR1CA2143
36" RAIL W/PICKETS @ <4" OPNGS1'-6"1'-2"3'-5"6'-0"
1CA1739 1CA17391CA1739
3'-0"13R@7 3/8" = 7'-11"12T@10"=10'-0"1'-4"1'-5"2'-4"
WOOD DECK AND STEPS
ON WR. WOOD FRAMING
FURR WALL TO
MATCH 6" FRMB
6'-1"5'-6"2'-5"
1'-2"
128
PROP ELEV
129.2
GARAGE
1’-6’3’-0”2’-8”10’-0’5’-4”
22’-3” inside dimension’
VERIFY THESE DIMENSIONS
4-28-18
6-27-22
EXISTING NW CORNER OF HOUSE
23’-4”26'-0"BASEMENT ELEVATION
122.3'
P
RO
P
E
L
E
V
1
2
3
.
9
'C35REMOVE CASEMENT WINDOWS
AND WALL TO FLOOR LEVEL
REMOVE DOOR
FILL OPNG W/ SHELF
AT 30” ABOVE FLOOR up13’dn 12 UPSTAIRS 23’-6”
BRYAN AND HEATHER WUDTKE
PORCH AND DECK ADDITION
840 CARVER BEACH ROAD
CHANHASSEN, MN
3-13-‘253 UPPER LEVEL PLAN
3’-0”
3
0
’
T
O
P
R
O
P
L
I
N
E
UPPER LEVEL PLAN
1/4" = 1'-0"NORTH
24’-6”2’-0”
O’HANG12’-0”VERIFY EXISTING ROOF OVERHANG2’-0”LIVING ROOM
60
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.”
61
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
62
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
63
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.
64
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.
65
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Bryan Anderson for front yard setback variance to expand the house at the existing
non-conforming setback of approximately 22 feet in the Residential District (RSF) – Planning Case
2025-06.
On April 15, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
The legal description of the property is:
Lots 1024 – 1037, Carver Beach, Carver County, Minnesota.
3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
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.
Finding: 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.
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.
Finding: 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
66
2
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.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: 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.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: 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.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: 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.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: The proposed addition is not an earth-sheltered construction and therefore this
statement is not applicable.
4. The planning report #2025-06, dated April 2, 2025, prepared by Rachel Jeske et al, is
incorporated herein.
DECISION
The Planning Commission approves the requested for front yard setback variance, subject to the
following conditions:
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.
67
3
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.
ADOPTED by the Chanhassen Planning Commission this 15th day of April, 2025.
CITY OF CHANHASSEN
BY:
Its: Chair
68
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
)ss
COUNTYOFCARVER )
I, Jenny Potter, being first duly swom, on oath deposes that she is and was on
April 3,2025, the duly qualified and acting City Clerk of the City of chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice Consider the request for
a variance for the expansion ofthe existing non-conforming front yard setback for an
addition to a home. Owner: Heather Wudtke, Applicantl Bryan Anderson to the persons
named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses ofsuch owners were those
appearing as such by the records ofthe county Treasurer, Carver County, Minnesota, and by
other appropriate records.
Jenny P r, City Clerk
Subscribed and swom to before me
this 7 day or Ap ' t .2025.
'a,cl,rna*--w
Notary Publ tc
K.AMY
2027Notary31.
69
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
Information System (GIS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's access or
use of data provided.
«Tax_name»
«Tax_add_l1»
«Tax_add_l2»
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
Information System (GIS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's access or
use of data provided.
«Next Record»«Tax_name»
«Tax_add_l1»
«Tax_add_l2»
Subject
Parcel
Subject
Parcel
70
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
Date & Time:
Tuesday, April 15, 2025 at 6:00 p.m.
This hearing may not start until later in the evening,
depending on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Consider the request for a variance for the
expansion of the existing non-conforming front yard
setback for an addition to a home.
Applicant: Bryan Anderson
Property
Location:
840 Carver Beach Road
A location map is on the reverse side of this notice.
What Happens at
the Meeting:
The purpose of this public hearing is to inform you
about the applicant's request and to obtain input
from the neighborhood about this project. During
the meeting, the Chair will lead the public hearing
through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Planning Commission discusses the proposal.
4. Public hearing is opened taking comments from
the public.
5. Public hearing is closed and the Planning
Commission continues discussion on the project
prior to voting on the project.
Questions &
Comments:
To view project information
before the meeting, please
visit the city’s proposed
development webpage:
www.chanhassenmn.gov/proposeddevelopments
Sign up to receive email updates about this or other projects. Go
to https://www.chanhassenmn.gov/i-want-to/subscribe
Date & Time:
Tuesday, April 15, 2025 at 6:00 p.m.
This hearing may not start until later in the evening,
depending on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Consider the request for a variance for the
expansion of the existing non-conforming front yard
setback for an addition to a home.
Applicant: Bryan Anderson
Property
Location:
840 Carver Beach Road
A location map is on the reverse side of this notice.
What Happens at
the Meeting:
The purpose of this public hearing is to inform you
about the applicant's request and to obtain input
from the neighborhood about this project. During
the meeting, the Chair will lead the public hearing
through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Planning Commission discusses the proposal.
4. Public hearing is opened taking comments from
the public.
5. Public hearing is closed and the Planning
Commission continues discussion on the project
prior to voting on the project.
Questions &
Comments:
To view project information
before the meeting, please
visit the city’s proposed
development webpage:
www.chanhassenmn.gov/proposeddevelopments
Sign up to receive email updates about this or other projects. Go
to https://www.chanhassenmn.gov/i-want-to/subscribe
71
Tax name Tax add l1 Tax add l2
6829 YUMA LLC 4917 VINE HILL RD EXCELSIOR, MN 55331-
ALLISON ALSTRIN 820 IMPERIAL DR CHANHASSEN, MN 55317-9418
AMANDA BERGSTROM 6780 YUMA DR CHANHASSEN, MN 55317-
AMBER BICKEL 895 CARVER BEACH RD CHANHASSEN, MN 55317-
AMBJOR R BROWN 6800 RINGO DR CHANHASSEN, MN 55317-
ANDREW A BORASH 6725 NEZ PERCE DR CHANHASSEN, MN 55317-9206
ANTHONIE BRUNING 6712 HOPI RD CHANHASSEN, MN 55317-
AUBRAY A ERHARDT 6670 DEERWOOD ST CHANHASSEN, MN 55317-
AUSTIN LARSON 15306 HUGH TORANCE PKWY HUNTERSVILLE, NC 28078-
BRUCE D KOEHNEN 5810 DIVISION ST EXCELSIOR, MN 55331-3202
BRYCE D UZZELL 6686 HOPI RD CHANHASSEN, MN 55317-
CECELIA RUBLE 6687 DEERWOOD DR CHANHASSEN, MN 55317-
CHANHASSEN CITY PO BOX 147 CHANHASSEN, MN 55317-
COLIN J AMBROSE 6691 DEERWOOD ST CHANHASSEN, MN 55317-
CRAIG A & KIMBERLY ANDERSON 6683 HOPI RD CHANHASSEN, MN 55317-9426
DANIEL J & KAREN A WOITALLA 6689 NEZ PERCE DR CHANHASSEN, MN 55317-9551
DANIEL T RUTLEDGE 6711 HOPI RD CHANHASSEN, MN 55317-9427
DINA WILLIAMS 777 CARVER BEACH RD CHANHASSEN, MN 55317-9422
ERIK R OVERLID 921 CARVER BEACH RD CHANHASSEN, MN 55317-
FRANKLIN AND VICTORIA ERNST JT REV LIV T 840 CREE DR CHANHASSEN, MN 55317-9599
GARY JOHN OTTERDAHL 6715 NEZ PERCE DR CHANHASSEN, MN 55317-9206
GREGORY J CARLSON 760 CARVER BEACH RD CHANHASSEN, MN 55317-9422
HEATHER WUDTKE 840 CARVER BEACH RD CHANHASSEN, MN 55317-
JEFFERY A KING 767 CARVER BEACH RD CHANHASSEN, MN 55317-9422
JOSEPH ALVAREZ & YUEFEN DENG PO BOX 263 CHANHASSEN, MN 55317-
JT TR OF GARY & JACQUELINE HOFFMAN 860 HIAWATHA DR CHANHASSEN, MN 55317-
JUDITH CARLSON 6690 NEZ PERCE DR CHANHASSEN, MN 55317-9564
KENNETH JEROME LUCAS 6735 NEZ PERCE DR CHANHASSEN, MN 55317-9207
KENT & MARY BRAUN 900 HIAWATHA DR CHANHASSEN, MN 55317-9532
KORY CURNOW 800 CARVER BEACH RD CHANHASSEN, MN 55317-
LARRY L BARRETT 6741 HOPI RD CHANHASSEN, MN 55317-9427
LEE & DEBORAH PILLATZKI JT REV LIV TR 830 PONDEROSA DR CHANHASSEN, MN 55317-9562
72
LUIS YANEZ 6800 YUMA DR CHANHASSEN, MN 55317-9541
LUKE SELBY 6853 NEZ PERCE DR CHANHASSEN, MN 55317-
LYNNE M DANA REVOCABLE TRUST 9740 COUNTY ROAD 43 CHASKA, MN 55318-
MALENE HOUMAEE AND CHRISTIAN SVENSGAARD 795 CARVER BEACH RD CHANHASSEN, MN 55317-
MARK A STEINE 6865 NEZ PERCE DR CHANHASSEN, MN 55317-
MARTIN P & AMY E JENSEN 770 CREE DR CHANHASSEN, MN 55317-9464
MARY PATRICIA BONK 6711 MOHAWK DR CHANHASSEN, MN 55317-
MICHAEL F & BARBARA A COYLE 757 CARVER BEACH RD CHANHASSEN, MN 55317-9422
MICHAEL FRANCIS 3662 118TH ST SE WATERTOWN, MN 55388-
PRAKASH VENUGOPAL 6711 NEZ PERCE DR CHANHASSEN, MN 55317-9206
RANDY M & LITA M CANTIN 6694 NEZ PERCE DR CHANHASSEN, MN 55317-9564
RHEA AMATOS PEDEN 6687 HOPI RD CHANHASSEN, MN 55317-
ROBERT JOHN MOORE 6839 YUMA DR CHANHASSEN, MN 55317-9554
RONALD M & DIANE M STANCHFIELD 6727 HOPI RD CHANHASSEN, MN 55317-9427
ROSS A BROWER 760 CREE DR CHANHASSEN, MN 55317-9464
RUTH E LUNDE 6721 HOPI RD CHANHASSEN, MN 55317-9427
RYAN TIEVA 881 WESTERN DR CHANHASSEN, MN 55317-9597
SPENCER CLAYPOOL 910 PENAMINT CT CHANHASSEN, MN 55317-
STEPHANIE JUDITH WEISBERG 6680 DEERWOOD ST CHANHASSEN, MN 55317-
STEVEN J & JOAN M CRONSON 801 CREE DR CHANHASSEN, MN 55317-9599
TERRANCE & ELIZABETH MATTESON 833 CREE DR CHANHASSEN, MN 55317-9599
THOMAS OPITZ PO BOX 872 CHANHASSEN, MN 55317-0872
TIMOTHY W TILLOTSON 6690 DEERWOOD DR CHANHASSEN, MN 55317-9425
TJU CONSTRUCTION INC 14400 WOODHAVEN RD MINNETONKA, MN 55345-
TREVIS L WILLIAMSON 850 WESTERN DR CHANHASSEN, MN 55317-
WILLIAM HARLEY WOLFE 6699 HOPI RD CHANHASSEN, MN 55317-9426
ZACHARY J SCHROEDER 790 CARVER BEACH RD CHANHASSEN, MN 55317-
73
AFFIDAVIT OF PUBLICATION
STATE OF MTNNESOTA )
COUNTY OF HENNEPIN
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC
HEARING PLANNING
GASE NO.202$06
NOTICE lS HEREBY GIVEN that
the Chanhassen Planning Com-
mission will hold a public hearing
on Tuesday, April 15, 2025, at 6:00
p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Maket
Blvd. The purpose of this hearing
is to consider a iequest tor a van-
ance tor the expansion of the ex-
isting non-conforming front yard
setback for an addition to a home
at 840 Carver Beach Road. Zoned
Single Family Residential. Property
Owner: Heather Wudtke, Applicant:
Bryan Anderson
Project documents lor this
request aro available for public
review on the city's website
at www.chanhassenmn.gov/
oroposeddevelopments or at City
Hall during regular business hours.
All interested persons are invited
to attend this public hearing and
expr€ss their opinions with respect
to this proposal.
Rachel Jeske
Planner
Email: rieske@chanhassenmn. gov
Phonei 952-227-1137
Published in the
Sun Sailor
April 3,2025
'1460450
ss
I do solemly swear that the noticg as per the
proof, was published in the edition of the
SS Mtka Excelsior-Eden Prairie
with the known ollice of issue being located
in the county oft
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. $331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertiou being on A410312025 and the last
insertion being on 04,10312025.
MORTGAGE FORECLOST]RE NOTICES
Pursuant to Mnnesota Stat. $580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in $580.033,
subd. 1, clause (l) or (2). If the newspaper's
known offrce of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is latter
Desipated Agent
Subscribed and sworn to or aflirmed before
me on0410312025
dc
Notary Public
Rate Information:
(l) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad rD 1450450
74