Narrative_RedactedJonathan Reid
1811 Lake Lucy Lane
Excelsior, MN 55331
507-649-1458
Property Address: 1760 Lake Lucy Road, Excelsior MN 55331
Parcel # 254070090
Block: 001
Lot: 009
Plat Name: Lake Lucy Highlands
PLSS: TWP 116, RNG 029, SEC 03
Acreage: 2.47 acres
Community Development Department I Planning Division
7700 Market Boulevard, Chanhassen MN 55317
Re: Variance for Lot Line Adjustment
To the board and committee members of the pertinent planning division of the city of Chanhassen
1. Section Two— Description of proposal
I am writing this description of proposal as part of a development review application for consideration of a
variance that would allow for a lot line adjustment of the address, as listed above, of 1760 Lake Lucy Road, on
behalf of the property owner, Cynthia Gill and her husband. The lot line adjustment would allow for and
precede a planned sale of a portion, 0.47 acres, of the land along the northwest border of this lot (please see
the attached GIS Imagery Map snapshot). Critical conditions surrounding this lot line adjustment, and those
necessitating this review for variance application, are the designation of this property as a large residential lot
and the effective reduction of total acreage following this lot line adjustment to 2.00 acres, under the stated
2.5 acreage minimum. Such a designation and acreage requirement is, as stated by the 2040 Comprehensive
Plan, towards maintenance of its 'rural' character and allowance for necessary acreage due to a lack of city
sewer and water being connected to the property presently.
The impetus behind this variance for the above stated lot line adjustment, and in keeping with the stated
criteria for applying for a variance by the City of Chanhassen, stems from a practical difficulty in complying with
the zoning ordinance, and not from economic consideration. The practical difficulty in question is the regular
maintenance of an easement, which is a shared driveway used bythree residential addresses of which the
stated address is not one, that borders the northwest aspect of the lot, that is made challengingto access, and
thereby comply with this regular maintenance, by the precipitously steep slope that this land rests upon and is
separated by from the larger portion of this lot below upon which the residence rests. The total distance in
feet that the lot in question occupies along the southeast aspect of the easement is 190 feet. The overall
change in altitude from the residential dwelling to the land bordering the easement is in excess of 30 feet.
Due to the character of this bordering land, primarily forest, and type of forest, primarily comprised of large
(>50 foot) ash trees stricken by emerald ash borer disease, general maintenance would require clearing of
these diseased/dead trees and the branches that regularly fall onto the easement, as well as regular, necessary
clearing of vegetation and trees near the driveway that would allow for snow removal and proper water runoff.
Towards exemplifying the magnitude of the regular maintenance required of this land, within 10 feet of the
bordering easement, along the 190 feet of land bordering the easement, there are over 25 stricken ash trees
and dense vegetation that would need to be regularly maintained and/or cleared. Such maintenance would
laborious due to the density of vegetation and disease prevalence, impractical due to the slope separating this
land from the larger lot below, and would provide little to no benefit to the residential party directly as they do
not use the easement in question to access their house.
Towards maintaining harmony with the general purposes and intent of the pertinent chapter and the
comprehensive plan, this lot line adjustment would maintain the rural character of the lot and this
neighborhood and would not reduce usable land for the purposes of water or septic. As this lot line
adjustment would not be towards subdivision or land development, the land would remain forested and
undeveloped. Moreover, because of the topographic nature of the land in question that provides the rationale
for this lot line adjustment, it also makes this land unusable for septic field purposes. With the residual 2 acre
lot, the address in question would have ample space for water and septic allowances and would not lose any
usable land.
2. Evidence of ownership or an interest in the property.
The interest of this applicant in the property in question stems from the proximity of this land to the
applicant's land and the easement used by the applicant as a shared driveway that this land borders.
6. Written justification of how request complies with the findings for granting a variance
6A. This variance is intended to be in harmony with the general purposed and intent of Chapter 2.5.1
Residential — Large Lot of the 2040 Comprehensive Plan. The intent is not to disrupt the rural character or
create any new developments but to maintain an undeveloped, rural setting in a responsible and sustainable
manner.
6B. This request addresses practical difficulties in complying with the zoning ordinance. The practical
difficulty in question is the regular maintenance of an easement, which is a shared driveway used by three
residential addresses of which the stated address is not one, that borders the northwest aspect of the lot. The
regular maintenance is towards responsible stewardship of a border to a shared driveway easement. The
difficulty is created by the dense vegetation of the bordering land, the prevalence of disease stricken ash, and
the inaccessibility of the land due to the steep slope separating this land from the larger lot that the house
rests upon.
6C. The intent of the variation is not based upon economic considerations but upon practical
difficulties. No land development or subdivisions will take place, rather this land will be left undeveloped and
rural in character.
6D. The plight of the landowner is due to circumstances unique to the property, specifically the
topographic variegation that makes the land unusable for water/septic allowance, inaccessible for responsible
land maintenance, and of no practical use to the current landowners.
6E. If the variance is granted it will not alter the essential character of the locality as the lot will largely
remain as it is except for required maintenance of its border with the northwest easement.
6F. There is no earth sheltered construction to consider in this variance.
4. Plot plan
GIS Map Snapshot of approximate length of bordering land with easement (191 ft)
191 Feet
GIS Map Snapshot of approximate dimensions of the proposed lot line adjustment (0.47 acres, leaving 2.00
acres)
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