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04-15-25 PC Agenda itemPlanning Commission Item April 15, 2025 Item Consider Rear Yard Setback Variance for 7030 Lucy Ridge Lane (Planning Case #25-05) File No.25-05 Item No: B.2 Agenda Section PUBLIC HEARINGS Prepared By Rachel Jeske, Planner Applicant Xpand Inc. Present Zoning Planned Unit Development Residential District (PUDR) Land Use Residential Low Density Acerage 0.37 Density 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 25 SUGGESTED ACTION Motion for denial: "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." Potential Motion for approval: "The Chanhassen Planning Commission acting as the Board of Appeals and Adjustments approves the requested rear setback variance for the construction of a sport court at 7030 Lucy Ridge Lane, directs staff to update the staff report findings of fact and adopts the attached Findings of Facts and Decision for variance approval." SUMMARY The applicant is requesting a variance for the construction of a home addition, for the purpose of an indoor sport court, to encroach approximately 2.9 feet into the rear yard setback. The justification presented for this sport court is that it is the most logical location for the homeowners, and that setbacks on the survey used by the property owner were shown incorrectly. 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 single-family zoning districts, outdoor sport courts are permitted as close as 10 feet from the property line. The proposed indoor sport court is an addition to the principal structure. The entire principal structure must follow the building setback requirements, which for rear yards is 25 feet. The property in question is within the Planned Unit Development "PUD" referred to as "The Park". The PUD zoning ordinance established for the development established specific front, corner, side, and rear yard setbacks for corner lots. BACKGROUND The property is located on the west side of Lake Lucy. It is a part of The Bluffs at Lake Lucy plat which is a part of The Park Planned Unit Development (PUD). The existing home was constructed in 2024. DISCUSSION RECOMMENDATION Staff recommends denial of the requested variance based on the attached findings of fact and decision. Alternatively, if the Planning Commission chooses to recommend approval of the variance request, staff has prepared an alternate set of Findings of Fact that could support a variance approval. ATTACHMENTS 26 Application Narrative Survey Elevations Staff Report Findings of Facts - Denial Alternate Findings of Facts - Approval Affidavit of Mailing Affidavit of Publication 27 COMMUNITY OEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, lVlN 55317 Phone: (952) 227-1100 lFax: (952) 227-1110 CITY OT CII,INIIASSTI'I Submittal Date l,-t3 tS 5 -t3- L5 APPLICATION FOR DEVELOPMENT REVIEW pc o"t", L\ -\s 25 "" r",. Section 1: Application Type (check all that apply) (Refet to the apprcpiale Applicdtion Chacklist for Equircd submittal infomatioh that must accompany this applbotion) ! Comprehensive Plan Amendment $700 ! Subdivision (SUB) Plat 3 lots or less . Plat over 3 |ots....................... Metes & Bounds (2 lots)........ Consolidate Lots.................... E Condilionat Use Permit (CUP) fl Singl€-Family Residence ................................ $400 Dn tr tr!n . $5oo $1250 $300 $1s0 . $150 $700- $150 $275 $200 $500 E Al ottrers...... ! lnterim Use Permit (lUP) E At others.... fl Rezoning (REZ) E Sign Plan Review................... n Site Plan Review (SPR) $150 E att otners........... E nppeat of Administrative Decision ! Zoning Ordinance Amendment (ZOA) E ln conjunction with Single-Family Residence.. g40O Administrative Subd. (Line Ad.iustment) -... Final Plat..... ... . .. $600 "" """"$600 ! Planned Unit Development (PUD) .................. $750 ! Minor Amendment to existing PUD..............-.. $100 ! rut Ofirers...... .......................$600 E Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fe€s may apply) E Vanance (VAR)...$200 fl Wetland Alteration Permit (WAP) n Single-Family Residence........ ! Administrative ...................... $1OO E Residential/Commercial/lndustrial Diskicts.. $750-. E Escrow for Recording Documents (check all that apply)............$ per documenl n Conditional Use Permit - $50 E lnterim Use Permit - g50 n Site plan Agreement - $85D Wetland Alteration Permit - $50 n Easements ( easements) - $85 E Vacation - $85 B Variance - $50 tr Metes & Bounds Sub (2 deeds) - $2S0 E Deeds - $1OO TOTAL FEE:*lncludes $450 escrow for attorney costs. '.Additional escrow may be required for other applications through the development contracl. Section 2: Required lnformation Description of proposat: Allow contruction of sport court by correctly identifying 7030 Lake Lucy Ridge RdProperty Address or Location: Parcet#.251310240 .37 Legal Desc ption I-Lo 6l;i Wetlands Present? E Yes El No Lr^s,iioclcQ .., ) Total Acreage: Present Zoning : Residential ns1;6n'N/APresent Land Use Desig Existing Use of Property 60-Day Revjew Date: Aq!E: When multlple appllcatlons ara procesaed concurrenw, the approprlab faa shatl be charyod lor each apptlcaalon, Requested Zoning: N/A Requested Land Use O"r,nn",,onlIF E Check box if separate narrative is attached. 28 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, I, as applicant, represent to have obtained authorization from the property owner to file 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 separale documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. lwill 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 to any authorizalion to proceed with the stud y. I certify that the information and exhibits submitted are true and correcl. Name K Contact Phone: ,h-ti I r-l \ltAddress]V City/St Email: Signat alelZi Cell: Fax: Dateure:al. PROPERW OWNER: ln signing 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 condilions, 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 ofthis application. lfurther understand that additional fees may be charged for consulting fees, feasibility sludies, etc. with an estimate prior to any authorization lo proceed with the study. I certify that the information and exhibits submitted are true and correct. Name:N,c kt,fr E Contact: Phone: V Address 1^Lxc qt]L City/State/Zip Cell: Fax:h,u.,". . Er", Signature Date: 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 speciflc 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) \It'iI l,|eNamev,v ".&r.r.,Contact: Phone:Address: t\.)5 L{ IL{ City/State/Zip Email: Cell Fax Cgo-:Qr - Cx3l tl*vivtA.rp* Who should receive copies of staff reports?*Other Contact lnformation: nItrtr Property Owner EmailApplicant EmailEngineer EmailOther. Email Name: Address Email: A INSTRUCTIONS TO APPLICANT: Com plete all necessary form fields,select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents an Section 4: Notification lnformation copy to the city for processing. d payment. SUBMIT FORM to send a digital Email: City/State/Zip: 29 Dear Chanhassen Planning and Zoning Commission Due to the unique circumstances of this lot and fact that during the initial home buildrng process the location of the front door changed. Also, based on the original site survey that was provided to us (Xpand lnc.) and the City Of Chanhassen icr the initial home build in 2024, we have modified the addition to fit within the BSBL line. Prior to any construction drawings or plans, we had contacted the City Of Chanhassen to find out what challenges we might be faced with. The only concems were that the cunent patio was not accurate on the survey, not to exceed the 5,500 Sq Ft HC limits, and to stay within the BSBL line on the provided survey. We have made sure to stay within these parameters. (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. This vanance request 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 existing homes finish and build quality. b. \Mren there are praclical difiiculties 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. (5) Written description of variance request. Nick and Christi, the homeowners, plan to use this addition as a multFsport activity court, to encourage a healthy lifestyle. They have 2 young children who are very active and u/ould greatly benefit from a dedicated gym space. Due to the shape of the lot and 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 "real', or South facing side of the home has many windows and faces the wetlands and walking path. The homeorvner 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 neighbonng properties. This is a pnvate space not accessible from the exterior of ths home. The proposed loc€tion is on the VlEst facing side of the home where there is a 40' - 43'distance from the property line to the cunent primary structure. c. That the purpose of the variation is not based upon economic considerations alone The purpose of this variation is NOT fur e@nomic reasons. lf we were to add this space further towards the rear of the home, it would take away other desirable asp€cts from the primary structure. The mutual goal is to add a usable space and stay within the BSBL line on the survey provided. Unfcrtunately, the cunent and provided survey shows the BSBL 22 fe€t from the West property line, and we are being told 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 struclure by an entire level of the home. This also helps minimize the impact to neighboring homes. 30 d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. We are simply requesting to work within the existing survey BSBL line which identilies the area of the proposed Multi Sport Activity Court on the West side of the home. The cunent 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 clients 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. e. The variance, if granted, will not alter the essential character of the locality. t Variances shall be granted for earth sheltered construc{ion as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. We believe that this variance, if granted will not alter the essential character of the site, as it is the least invasive location br this addition. We have included all necessary subcontractors and tasks to rework the drainage on the uest side of the home, which is cunently an issue. M/e are improving or fixing other issues that arose after the home's @nstruction 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 cunent drainage issues. 31 32 SHEET #: SCALE: DATE:PAGE TITLE:3/10/2025 1Project OverviewDRAWN BY: D FOGELBERGNEW HOME PLANS FOR:ENGBLOOM RESIDENCE7030 LUCY RIDGE LANECHANHASSEN, MN 55317 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC45715813727 LOUISVILLE RD,SHAKOPEE, MN, 55379© XPAND INC. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED PHONE:952-292-6107 EMAIL:dave@xpandinc.comXPAND INC. CLIENTEMAIL: PHONE:CELLPHONE:33 SSS S SP SP 2- 2x12 3660 FX 2- 2x12 3660 FX 2- 2x12 3660 FX 2668111140MU 2- 2x10 3626FX 2- 2x10 3626FX 2- 2x10 3626FX 9 : 12/3:129 : 12/3:12RR RR GFCI WP R R R R A 5 A 56'-10"4'4'-7 1/2"5'5'4'-7 1/2" 19'-3"29'-10"7'3'-2"4'-7 1/2"5'5'4'-7 1/2" 19'-3" 18'-10" X 6'-4" 18'-2" X 27'-8" UNEXCAVATED @14' ABOVE FLOOR @14' ABOVE FLOOR 2" FURRED WALLS TO 108" INSULATED TO R21+ 2" FURRED WALLS TO 84" INSULATED TO R21+ VINYL 16' CLG. HGT. (3:12 VAULT) 9'X 10" POURED CONC. FOUNDATION WALLS FOOTINGS PER ENGINEER 2X6 EXTERIOR WALLS (16"OC) 42" 'X 10" POURED CONC. FOUNDATION WALLS FOOTINGS PER ENGINEER 2X6 EXTERIOR WALLS (12"OC)CHASESCISSORSCISSORREPLACE WINDOW WITH FULL GLASS EXTERIOR DOOR MINISPLIT HEAT/ COOLING SYSTEM RELOCATE BOULDERS FOR NEW RETAINING WALL LOCATION. FINAL GRADING PLAN BY OTHERS RELOCATE GAS METER FINAL LOCATION TBD RELOCATE A/C FINAL LOCATION TBD SPORT COURT ADDITION 2x2 TOP PLATE 2x2 FURRING STRIPS SPRAYFOAM INSULATION VAPOR BARRIER DRYWALL OR PLYWOOD (TBD) 2x TREATED BOTTOM PLATE CONCRETE SLAB REINFORCING STEEL AS REQUIRED VAPOR BARRIER 4" GRAVEL BASE 2x6 TREATED MUDSILL CAST-IN-PLACE ANCHOR BOLT SILL SEAL 10" POURED FOUNDATION WALL 20X8 CONCRETE FOOTING REINFORCING STEEL AS REQUIRED PONY WALL DETAIL SEE ELEVATIONS FOR WALL HEIGHTS DRAINAGE SYSTEM OSB SHEATHING 2x6 SILL INTERIOR FINISH 2x6 FRAMING MEMBER INSULATED WALL CAVITYMEMBRANE HARDIE SIDING SHEET #: SCALE: DATE:PAGE TITLE:3/10/2025 1/2" = 1'0" 2PLAN VIEWDRAWN BY: D FOGELBERGNEW HOME PLANS FOR:ENGBLOOM RESIDENCE7030 LUCY RIDGE LANECHANHASSEN, MN 55317 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC45715813727 LOUISVILLE RD,SHAKOPEE, MN, 55379© XPAND INC. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED PHONE:952-292-6107 EMAIL:dave@xpandinc.comXPAND INC. CLIENTEMAIL: PHONE:CELLPHONE:NOTES: 1. GAS METER TO BE RELOCATED. FINAL LOCATION TO BE DETERMINED BY GAS PROVIDER 2. A/C TO BE RELOCATED. FINAL LOCATION TBD 3. EXTERIOR VENTING AND DRAIN TO BE REDIRECTED BY HVAC/PLUMBING CONTRACTOR 4. GAS FIREPLACE VENTING TO BE REDIRECTED THROUGH ROOF BY FIREPLACE CONTRACTOR. 5. INTERIOR AND EXTERIOR DRAIN TILE (GRAVITY DRAIN) 6. INSULATION: R49+ATTIC INSULATION R21+OUTSIDE WALLS 7. 30YR. ASPHALT SHINGLES TO RESEMBLE EXISTING. 1/2" OSB SHEATHING FELT AND ICE AND WATER PER CODE. ROOF VENTS TO MATCH EXISTING 34 2- 2x10 3626FX 2- 2x10 3626FX 2- 2x10 3626FX 4060MU 9 : 12/3:12 2650SC2650SC 1268 3068 1268 2060FX2060FX 9 : 12 9 : 12 Top of Slab -10.6' Top of Lower Pony Wall -1.9'104 1/2"Header 3.1'59 3/4"Ridge 17.1'167 15/16"19'-3"9'3'-6" 1'-6" 3'-6" 1'-6" 3'-6" 2'-10 1/2"1"PIN TO END OF EXISTING 9' WALLSCISSOR TRUSS 2060FX 1268 2060FX 2- 2x10 3626FX 9 : 12 2650SC 3068 4060MU 2- 2x10 3626FX 9 : 12/3:12 2650SC 1268 2- 2x10 3626FX Top of Slab -10.6' Top of Lower Pony Wall -1.9'104 1/2"Header 3.1'59 3/4"Ridge 17.1'167 15/16"19'-3"9'3'-6" 1'-6" 3'-6" 1'-6" 3'-6" 2'-10 1/2"1"PIN TO END OF EXISTING 9' WALLSCISSOR TRUSS 2- 2x10 3626FX 2- 2x10 3626FX 2- 2x10 3626FX 4060MU 9 : 12/3:12 2650SC2650SC 1268 3068 1268 2060FX2060FX 9 : 12 9 : 12 2- 2x12 3660 FX 2- 2x12 3660 FX 111140MU 2- 2x12 3660 FX 12156MU 9 : 12/3:12 9 : 12 19'-3"3'-6"Top of Slab -10.6' Top of Subfloor - Foundation -10.6' Window Top 3.1'164"Ridge 17.1'168 3/16"2'-10 1/2" 3'-6" 1'-6" 3'-6" 1'-6" 3'-6" 2'-10 1/2" SCISSOR TRUSS 9 : 12 2- 2x12 3660 FX 111140MU 12156MU 2- 2x12 3660 FX 2- 2x12 3660 FX 9 : 12/3:12 19'-3"3'-6"Top of Slab -10.6' Top of Subfloor - Foundation -10.6' Window Top 3.1'164"Ridge 17.1'168 3/16"2'-10 1/2" 3'-6" 1'-6" 3'-6" 1'-6" 3'-6" 2'-10 1/2" SCISSOR TRUSS 2- 2x12 3660 FX 2- 2x12 3660 FX 111140MU 2- 2x12 3660 FX 12156MU 9 : 12/3:12 9 : 12 4 : 12 14 : 12 9 : 12 9'4'-6 1/2" 25'-3 1/2"3'-6"HARDIE LAP SIDING - MATCH EXISTINGALUMINUM SO FFIT AN D FASC IAM ATC H EXISTIN G 4 : 12 9 : 12 9'4'-6 1/2" 25'-3 1/2"3'-6"HARDIE LAP SIDING - MATCH EXISTINGALUMINUM SO FFIT AN D FASC IAM ATC H EXISTIN G 4 : 12 14 : 12 9 : 12 SHEET #: SCALE: DATE:PAGE TITLE:3/10/2025 1/4" = 1'0" 5Exterior ElevationsDRAWN BY: D FOGELBERGNEW HOME PLANS FOR:ENGBLOOM RESIDENCE7030 LUCY RIDGE LANECHANHASSEN, MN 55317 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC45715813727 LOUISVILLE RD,SHAKOPEE, MN, 55379© XPAND INC. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED PHONE:952-292-6107 EMAIL:dave@xpandinc.comXPAND INC. CLIENTEMAIL: PHONE:CELLPHONE:NOTES: 1. ANDERSON 100 SERIES WINDOWS. LOW E GLASS 2. VENTED ALUMINUM SOFFIT AND FASCIA 3. OSB ON EXTERIOR 4. HARDIE LAP SIDING TO MATCH EXISTING 5. 4" HARDIE WINDOW TRIM 6. 6" HARDIE FRIEZE BOARD 7. FINAL GRADE TO BE DETERMINED BY OTHERS. 35 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 9, 2025 SUMMARY OF REQUEST: The applicant requests 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, which 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.” 36 7030 Lucy Ridge Ln April 9, 2025 Page 2 of 5 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 require that all structures be set back a minimum of 20 feet in the corner yards, 25 feet in the rear yards, and 7.5 feet in the side yards. Below is a table that displays the subject property's existing and proposed conditions against the PUD zoning district lot requirements. 37 7030 Lucy Ridge Ln April 9, 2025 Page 3 of 5 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 an indoor sport court that will 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 with a driveway accessing from the adjacent cul-de-sac of Lucy Ridge Lane. The property owner elected to construct a house that maintains a driveway from the anticipated cul-de- sac of Lucy Ridge Lane but with a front door that faces Lucy Ridge Circle. The property owner chose this design and this design does not alter the applicable setback assignments. Figure 1 - Bluffs at Lake Lucy site plan with setbacks 38 7030 Lucy Ridge Ln April 9, 2025 Page 4 of 5 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 proposed house expansion is inconsistent with the zoning regulations and Comprehensive Plan. While the applicants are proposing to improve their home to meet their family's needs, the proposed addition, as shown, does not adhere to the Planned Unit Development (PUD) ordinance established for the property. 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.” Staff finds that there are no practical difficulties in complying with the ordinance, as there are alternative options to construct a home addition that would comply with the Planned Unit Development (PUD) Ordinance. Specifically, 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 instead of an indoor sport court. Outdoor sport courts are not subject to principal structure setbacks and, therefore, 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.” Alteration of the design would incur additional costs in both design and construction. 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 due to circumstances created by the modified orientation and custom design of the house selected by the landowner. The Park Planned Unit Development has specific 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, one corner, one side, and one rear yard setback. The addition of the rear yard setback requires a larger setback. On the approved site plan for The Bluffs at 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 property survey incorrectly showed the western building setback line at 22 feet instead of the required 25 feet. 39 7030 Lucy Ridge Ln April 9, 2025 Page 5 of 5 5. “The variance, if granted, will not alter the essential character of the locality.” The applicants’ proposal would not adhere to the 25-foot rear yard setback established for corner lots within the Bluffs at Lake Lucy development. While the proposed addition is shown to maintain a 22-foot rear yard setback, the reduced rear yard setback would be inconsistent with the character of corner lots within the development. 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 sport court is not an earth-sheltered construction. 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 and adopts the attached Findings of Facts and Decision.” 40 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Xpand Inc. for a rear yard setback variance to allow a home addition to encroach approximately 3 feet into the rear setback on a property zoned Planned Unit Development - Residential District (PUDR) – Planning Case 2025-05. On April 15th, 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 Planned Unit Development - Residential District (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: Lot 3, Block 4, The Bluffs at Lake Lucy, 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 house expansion is inconsistent with the zoning regulations and Comprehensive Plan. While the applicants are proposing to improve their home to meet their family's needs, the proposed addition, as shown, does not adhere to the Planned Unit Development (PUD) ordinance established for the property. 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: Staff finds that there are no practical difficulties in complying with the ordinance, as there are alternative options to construct a home addition that would comply with the Planned Unit Development (PUD) Ordinance. Specifically, no variance would be required if the proposed width of the addition was decreased by 2.9 feet. Another design alternative is 41 2 constructing an outdoor sport court instead of an indoor sport court. Outdoor sport courts are not subject to principal structure setbacks and, therefore, may be located as close as 10 feet from the rear property line. c. That the purpose of the variation is not based upon economic considerations alone. Finding: Alteration of the design would incur additional costs in design and construction. 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 due to circumstances created by the modified orientation and custom design of the house selected by the landowner. The Park Planned Unit Development has specific 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, one corner, one side, and one rear yard setback. The addition of the rear yard setback requires a larger setback. On the approved site plan for The Bluffs at 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 property survey incorrectly showed the western building setback line at 22 feet instead of the required 25 feet. e. The variance, if granted, will not alter the essential character of the locality. Finding: The applicants’ proposal would not adhere to the 25-foot rear yard setback established for corner lots within the Bluffs at Lake Lucy development. While the proposed addition is shown to maintain a 22-foot rear yard setback, the reduced rear yard setback would be inconsistent with the character of corner lots within the development. 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 sport court is not an earth-sheltered construction. 4. The planning report #2025-05, dated April 9, 2025, prepared by Rachel Jeske, is incorporated herein. DECISION The Planning Commission denies the requested rear yard setback variance subject to the Findings of Fact outlined above. ADOPTED by the Chanhassen Planning Commission this 15th day of April, 2025. CITY OF CHANHASSEN BY: _____ Its: Chair 42 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Xpand Inc. for a rear yard setback variance to allow a home addition to encroach approximately 3 feet into the rear setback on a property zoned Planned Unit Development - Residential District (PUDR) – Planning Case 2025-05. On April 15th, 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 Planned Unit Development - Residential District (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: Lot 3, Block 4, The Bluffs at Lake Lucy, 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 house expansion at 7030 Lucy Ridge Lane proposes adding a recreational addition to the home, which would maintain a setback of 22 feet from the western property line. The western property line is designated as the “rear” property line for 7030 Lucy Ridge Lane. That same property line is considered a “side” property line for the adjacent property located at 1813 Lucy Ridge Circle, which requires a minimum 7.5-foot setback. Based on the orientation of the two homes at 7030 Lucy Ridge Lane and 1813 Lucy Ridge Circle, their shared property line operates more as a side yard, and the proposed building addition at 7030 Lucy Ridge Lane would maintain a 22-foot setback, whereas the structure at 1813 Lucy Ridge Circle maintains a 16-foot setback. 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. 43 2 Finding: The orientation of the home with the front door facing the north property line and the garage facing the east property line creates a situation whereby visually, the traditional “front” of the home does not face the “front” property line. The proposed home addition is reasonable, and practical difficulty in adhering to the ordinance can be attributed to the shape of the lot, its dual frontages, and the orientation of the home and its impact on the front, rear, front corner, and side yard line designations. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The proposed variance is not based upon economic considerations alone. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property located at 7030 Lucy Ridge Lane was established in a way that the property width supported the construction of a home that its orientation would create ambiguity between designations of rear and side lot lines and the result of a shared property line operating as a rear property line for the property at 7030 Lucy Ridge Lane and as a side property line for the property at 1813 Lucy Ridge Circle. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed addition is shown to maintain a 22-foot rear yard setback from the shared property line with 1813 Lucy Ridge Circle. The principal structure at 1813 Lucy Ridge Circle maintains a 16-foot setback from the shared property line. As a result, the proposed addition will not alter the essential character of the locality. 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 sport court is not an earth-sheltered construction. 4. The planning report #2025-05, dated April 9, 2025, prepared by Rachel Jeske, is incorporated herein. DECISION The Planning Commission approves the requested rear yard setback variance subject to the Findings of Fact outlined above. ADOPTED by the Chanhassen Planning Commission this 15th day of April, 2025. CITY OF CHANHASSEN BY: Its: Chair 44 CITY OF CHANHASSEN AFFIDAVIT OF MAILINC NOTICE STATE OF MINNESOTA) )ss COUNTYOFCARVER ) Jenny P er. City Clerk AMY Notary otary Public A d,fnUY- 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 of the atlached notice Consider a variance request for an addition to a home for an indoor sport court within the rear yard setback. Ownerr Nick & Christina Engbloom, Applicant: Xpand Inc. 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. Subscribed and swom to befbre me this n day of 42 I .2025' K. Jan 31, ^21 45 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 46 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 a variance request for an addition to a home for an indoor sport court within the rear yard setback. Applicant: Xpand Inc. Property Location: 7030 Lucy Ridge Lane 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 a variance request for an addition to a home for an indoor sport court within the rear yard setback. Applicant: Xpand Inc Property Location: 7030 Lucy Ridge Lane 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 47 Tax name Tax add l1 Tax add l2 ALAN R WEINGART 7035 LUCY RIDGE LN CHANHASSEN, MN 55317- ALYSSA KOMEN 1910 DELLA DR CHANHASSEN, MN 55317- ANDREW REILAND 6935 RUBY LN CHANHASSEN, MN 55317- ANGELO J & CARA L GALIOTO 1805 EMERALD LN CHANHASSEN, MN 55317-7596 BLAKE JOHN NOENNIG 1812 LUCY RIDGE CIR CHANHASSEN, MN 55317-5404 CHRISTOPHER ERIC HONSTAD 1885 DELLA DR CHANHASSEN, MN 55317- CITY OF CHANHASSEN PO BOX 147 CHANHASSEN, MN 55317- DOUGLAS JOHN STULL 7055 LUCY RIDGE LN CHANHASSEN, MN 55317- EARL ELLIS 6900 LUCY RIDGE LN CHANHASSEN, MN 55317- ERIC S & LISA M HAMBORG 1861 TOPAZ DR CHANHASSEN, MN 55317-7662 GONYEA HOMES INC 1000 BOONE AVE SUITE 400 GOLDEN VALLEY, MN 55427- JEFFREY J & STACEY J MORKEN 6945 RUBY LN CHANHASSEN, MN 55317-7595 JEFFREY REMAKEL 1813 LUCY RIDGE CIR CHANHASSEN, MN 55317-5404 JOHN J BUTCHER 6915 LUCY RIDGE LN CHANHASSEN, MN 55317-7661 JOSH KIMBER 7050 LUCY RIDGE LN CHANHASSEN, MN 55317- KATHERINE BARNETT THOMPSON 1897 DELLA DR CHANHASSEN, MN 55317- KATHERINE STRICKLAND EICHHORN REV TR 6935 LUCY RIDGE LN CHANHASSEN, MN 55317- KEVIN J SUNDEM 1845 TOPAZ DR CHANHASSEN, MN 55317-7662 LAKE LUCY RDG HOMEOWNERS ASSN 8315 PLEASANT VIEW DR MOUNDS VIEWN, MN 55112-6139 LAURA MARIE WHIPPS FRASTACI 1898 DELLA DR CHANHASSEN, MN 55317- MARK E & JULI A GEMPLER 1877 TOPAZ DR CHANHASSEN, MN 55317-7662 MARK EBERLEIN 1886 DELLA DR CHANHASSEN, MN 55317- MATTHEW A REMFERT 1800 LUCY RIDGE CIR CHANHASSEN, MN 55317-5404 MATTHEW OSBERG 6995 LUCY RIDGE LN CHANHASSEN, MN 55317- MATTHEW RAU 6925 RUBY LN CHANHASSEN, MN 55317-7595 NATALIE M BAUMAN 7015 LUCY RIDGE LN CHANHASSEN, MN 55317-5400 NICHOLAS ENGBLOOM 7030 LUCY RIDGE LN CHANHASSEN, MN 55317- PAUL D ANDERSEN 1825 LUCY RIDGE CIR CHANHASSEN, MN 55317- ROBERT MARKO 6975 LUCY RIDGE LN CHANHASSEN, MN 55317- RYAN BRADY 6950 LUCY RIDGE LN CHANHASSEN, MN 55317- RYAN M CHECK 1909 DELLA DR CHANHASSEN, MN 55317- SAMUEL SHANAHAN 1880 TOPAZ DR CHANHASSEN, MN 55317- 48 SEAN DAVID MORGAN 1836 LUCY RIDGE CIR CHANHASSEN, MN 55317- STUART K AMATEAU 6915 RUBY LN CHANHASSEN, MN 55317-7595 TERENCE ALAN JAMISON 6955 LUCY RIDGE LN CHANHASSEN, MN 55317- 49 AFFIDAYIT OF PUBTICATION STATE OF MTNNESOTA ) COUNTY OF HENNEPIN CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2025-05 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 Market Blvd. The purpose of this hearing is to consider a variance r€quest for an addition to a home for an indoor sport court within the rear yard setback at 7030 Lucy Ridge Lane. Zoned Planned Unit Development- Residential. Property Owner: Nick & Christina Engbloom, Applicant: Xpand lnc. Proiect documents for this request arc available lor public review on the city's websiteat www.chanhassenmn.gov/ pmposaddevelooments or at City Hall dudng regular business hours. All interested p€rsons are invited to attend this public hearing and elprcss their opinions with respect to this proposal. Rachel Jeske Planner Email: f eske€chanha*senmn.gov Phono|.952-227-1137 Published in the Sun Sailor April 3, 2025 1,m0453 ss I do solemly swear that the noticg as por the proof, was published iu the edition of the SS Mtka-Excelsior-Eden Prairie with the known offrce of issue being located in the county of: HENNEPIN udth 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 insertion being on 0410312025 and the last insertion being on 0410312025. MORTGAGE FORECI]OSTJRE NOIICTS Pursuant to Minnesota Stat. $580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in $580.033, subd. l, clause (l) or (2). If the newspaper's known offrce of issue is located in a county adjoining the county where the mortgaged prernises or some part of the mortgaged prernises described in the notice are located, a substantial portion of the newspaperrs is in the latter Subscribed and sworn to or affrrmed before me on0410312025 Notary Public Rate Information: (l) Lowest classfied rate paid by commercial users for comparable space: $999.99 per column inch o<. ffi oarlene Marie MacPherson ff;W'$ -ilr#"::il" \W/ My Commlssion Epiree Jan. 3.1, 2029 Ad ID I46M53 50