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3. Carriage House at 6201 Murray Hill Road CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227,1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 ' Engineering Phone: 952,227,1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952,227,1110 Park & Recreation Phone: 952,227,1120 Fax: 952.227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227,1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952,227.1110 Web Site WNW,ci ,chanhassen.mn,us 3 - MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I August 10, 2009 ~ . DATE: SUBJ: Adopt Resolution to Allow Limited Use of a Carriage House 6201 Murray Hill Road (Lot 25, Murray Hill) Gary and Mary Connell PROPOSED MOTION: "The Chanhassen City Council approves the attached resolution and agreement allowing the property owner and their heirs to use the carriage house for personal habitation. The carriage house may only be used for personal use while under ownership of the current property owner and their children as named in the attached agreement and may not be rented." City Council approval requires a majority of City Council present. EXECUTIVE SUMMARY Two dwelling units are currently constructed on a single-family lot located at 6201 Murray Hill Road, a main house and carriage house above a detached garage. The structures were built in 1937, which predates the current zoning ordinances. Staff has documentation from March 2001(attached) which states the structure may not be used for habitation. The previous owner applied for a building permit to repair the building and renovate the interior. The renovations included converting storage space to a bedroom which, by definition, created a second dwelling unit on the site. The permit was denied; however, the work was completed without a permit. An after-the-fact permit w~s later issued with a letter stating "habitation of the carriage house is prohibited". A copy of the letter was sent to the previous property owner with the permit information. The use of the structure as a dwelling unit is a violation of City Code. The City was performing a driveway inspection last fall and advised the homeowner that habitation of the carriage house is prohibited. The current property owner purchased the property in November 2008 with the presumption that the carriage house could be used for habitation. The previous owner supplied the current owner with a letter stating the cottage may be occupied (attached). However, there is no indication in the building file of staff allowing the carriage house to be used for habitation, only documentation stating habitation is prohibited. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt 6201 Murray Hill Road Resolution August 10, 2009 Page 2 The homeowner would like to use the carriage house for habitation, as they care for family members with disabilities. The property owner would also like to extend this use to their heirs, so they may reside in the carriage house and be cared for by their children during their later years. Staff and the property owner have come to an agreement which would allow them, and their heirs, to use the carriage house for personal use, as stated in the attached resolution and agreement. The carriage house may only be used for personal use while under ownership of the current property owner and their children as named in the attached agreement and may not be rented. Once the property changes ownership other than as stated in the agreement, the agreement becomes void and the use must be discontinued. As part of any sale of the property, the seller may not list the carriage house as a dwelling unit. The resolution and agreement will be recorded against the property to alleviate any confusion in the future. Additionally, the homeowner is also working with staff to revegetate the second driveway on the site. The revegetation is to be completed no later than October 1, 2009. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves the attached resolution and agreement to allow the property owner and their heirs to use the carriage house for personal habitation. The carriage house may only be used for personal use while under ownership of the current property owner and their children as named in the attached agreement and may not be rented." ATTACHMENT 1. Resolution. 2. Agreement. 3. Letter dated March 21,2001 from Julie Hoium to Bill Cole. 4. Letter dated May 23, 2001 from Julie Hoium to Bill Cole. 5. Letter dated August 3, 2008 from Bill Cole to Coldwell Banker Burnet. g:\plan\2009 planning cases\6201 murray hill road\resolution executive summary 8-10-09.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: 2009- MOTION BY: SECONDED BY: APPROVE THE USE OF TWO DWELLING UNITS ON A PROPERTY ZONED SINGLE F AMIL Y RESIDENTIAL (RSF) 6201 MURRAY HILL ROAD, LOT 25, MURRAY HILL WHEREAS, two dwelling units, a main house and carriage house above a detached garage, are constructed on a single family lot prior to current zoning ordinances; and WHEREAS, the use of the carriage house was discontinued for a period in excess of one year, voiding the nonconforming use status, pursuant to Section 20-72 (a); and WHEREAS, permits were approved to repair the building with documentation in the building file stating the habitation of the carriage house was prohibited; and WHEREAS, the current property owner purchased the property in November of 2008 with the presumption that the carriage house could be used for habitation. The City was performing a driveway inspection and advised the homeowner that habitation of the carriage house is prohibited; and WHEREAS, the homeowner would like to continue the use of the carriage house for habitation, while documentation within the building file states it may not be used as a second dwelling unit. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the attached agreement and authorizes the Mayor and City Manager to sign it. The Agreement allows the property owner and their heirs to use the carriage house for personal habitation. The carriage house may only be used for personal use while under ownership of the current property owner and their children as named in the attached agreement and may not be rented. Passed and adopted by the Chanhassen City Council this 14th day of August, 2009. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT AGREEMENT THIS AGREEMENT ("Agreement") made this _ day of , 2009, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and Gary and Mary Connell, husband and wife ("Owners"). RECITALS A. Owners own a lot legally described as follows: 6201 Murray Hill Road, Lot 25, Murray Hill ("Subject Property"); B. The Subject Property is zoned Single-Family Residential (RSF); C. In the RSF Zoning District only one dwelling is allowed on the Subject Property. There are two dwellings on the Subject Property. A site plan is attached hereto and incorporated herein. On the site plan one dwelling is labeled "House" and the other dwelling is labeled "Carriage House". D. The City and Owners wish to resolve their dispute about the lawful use of the Subject Property. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. USE OF DWELLINGS. The Owners and the Owners' children, Katherine Hutchinson and David Connell, may use the Carriage House and House for dwellings. The House and Carriage House may not be used as rental dwellings. At such time as the Owners or Owners' children no longer own the Subject Property the Carriage House may only be used for storage. 2. DRIVEWAYS. The Subject Property may only have one driveway. The existing driveway labeled Driveway No.2 on the site plan must be permanently closed and physically removed on or before October 1, 2009. 145771VOl RNK:05/28/2009 1 3. RECORDING. This Agreement shall run with the land and be recorded against the Subject Property. 4. BINDING AFFECT. This Agreement is binding upon the parties, their successors, heirs, and assigns. 5. WAIVER/AMENDMENT. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 6. SEVERABILITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 7. ENTIRE AGREEMENT. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Subject Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 145771VOl RNK:05/28/2009 2 CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ,2009, by Thomas A. Furlong and by Todd Gerhardt, the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 145771 VOl RNK:05/28/2009 3 ST ATE OF MINNESOTA) ( ss. COUNTY OF ) PROPERTY OWNERS: Gary Connell Mary Connell The foregoing instrument was acknowledged before me this 2009, by husband and wife. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK day of NOTARY PUBLIC g:\plan\2009 planning cases\6201 murray hill road\agreement.doc 145771VOl RNK:05128/2009 4 SITE PLAN CITlOF CHANHASSEN 690 City unter Drive PO Box 147 GJanhflflm, Mirm(!J()t(l 55311 Phone 952.937.1900 General Fnx 952.937.5739 Enginuring Depa1'tment Fnx 952.937.9152 BuilJing Depflrtmmt Fax 952.934.2524 mb Site www.ci.chanhasrm.mn.us March 21, 2001 William & Laurie Cole 6201 MUlTay Hill Road Challhassen, MN 55331 Dear Mr. & Mrs. Cole: On January 26, 2001, the t~ity i.srued a buildillg pennit to replace one door and fown windo\'vs due to detr.J'j:,'.t:>;"lnn on V0ur hnme at 6201 MurrftV Hill. Road. Om " records indicate that last year yOU expressed i,nterest in remodeling a living ar.ea on top of your garage to COIl vert it into an apartment. To avoid ~my contUsion or fut.ure misunderstanding, we wish to c.larify city ordinance as they pertain to your property. Your property is zoned RSF, Residential Single Family. Single-fmnily dwellings are permitted ill this zoning district. Two-family dwellings are prohibited. The current efficiency (carria.ge house) over your garage is a non-conforming use. Th.e expansion, intensification, replacement, or structural change is not allowed. Q9.9ll~c'y of this space ~.s a ~":~~~~_ ~ellin~,unit is prohibited by city ordinance., Rental of this space to others-ror a dwelling unit is not permitted. You may use this space for your own purposes, but not as a separate living quarter. Copies of the city ordinance for the RSF district, non -collforming uses, and the definition of a dwelling and a dwelling unit for your reference (Sections 20-1, 20- 612 through 20-616, 20~7lthrough 20-13). Should you have any questions, please feel free to contact me at 937-1900, ext. 117. Sincerely, ~" . \ 1\ '\,.' ,.._,~.-'.Z:\i\...c~...r-- (,.:: ~ "' Julie 'Hoium Planner I Enclosure The en, ofChanlMssen. A growing community with clean lakes, qunlitJ schools. a charming downtown, thriving businesses, and btautifiJ jJtl1'h. A gre4tplace to live,. UJork, rw1 pia) 0/0"371 CITY OF CHANHASSEN May 23,2001 690 City Cmter Drive, POBox 147 Chanhassen, Minnesota 55317 Phone 612.337.1300 Gmeral Fax 612.937.5733 Engineering Fax 612.3313152 Public Safety Fax 612.334.2524 web www.ci.chanhassm.mn.us William & Laurie Cole 6201 Murray Hill Road Chanhassen, MN 55331 Re: 6201 Murray Hill Road Dear Mr. & Mrs. Cole: The intent of this letter is to explain the status of the "carriage house" over your detached garage located at 6201 Murray Hill Road. Since this structure contains kitchen, bathroom, living and sleeping facilities, it is defi:ti~d as a "Dwelling Unit" under the City's Zoning Ordinance (Sec. 20-1. DefinitiOhs;), Your property is z.on~d RSF, Residential Single Family. Two. dwelling units are prohibited onon~ lox, ill. tl1~ RSF district. Thus a~ a)."lEt.ccessQty stfuC.h1re, your "carriage house"i$i1Q.n:~cQi1fcxtming,'Q9(;upan<;y~f~his spaqe a$a s~parate dwelling unit is p;r.ohipit~d py ylty .ordin~nQe. This means tha.t the sI'a~~rnay not be rented nor may any J?er-so:n move in. forperm:;iri.~nt .ox temporary habitation. If you have any qu~stiQi1s, p1.eEtS~ fe~l (ree tb Qotitact me at 937'+ 190Q, e~t. 117. Thank you for your C()QP'~fatiQ:n; Sincerely, "~J ,~. ......................,'... ,-.". ~ JU:116 Hoium Plann~r r c: KitteA;:;il1~i1SQn,9.oml11~~itX])~yekipment Director Steve Torell, Bllilding Offiqial J eff Meixl:I~t; (Jommul1Xfy SerVice Officer The City of Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play Copy from previous owner supporting the claim that the property carries a grandfather status. August 3, 2008 Jessica Gones Coldwell Banker Burnet Dear Ms. Gones: I am respon.ding to your request for infonnation about our dialog with the City of Chanhassen regarding the use of the guest cottage at 6201 Murray Hill Road, Chanhassen, MN. Our dialog \vith the City was initiated with permit applications to make repairs to the cottage. All ofthe work done was permitted (building permit numbers: 0000519, 0100048 and 0100377) inspected and approved by the City building inspector. We recc1vcd letters It-om Julie Hoium (Planher I, City ofChanhassen), on dated M~r?h.21, 2001 (attached) and another dated May 23, 2001 (which you have) indicating the City's position that the guest house was a non-conforming use and that occupancy as a separate dwelling was prohibited under City ordinance. Following our submittal ofanapplication fOl' a building permit (number 0100377) on May S, 2001, Julie requested that we meet with her 8.ndother officials to provide a description and the condition of the cottage prior to our repairS arid the work that had beetl done cnit. Attached is a document which we-submitted to the City meeting on May 23, 200 I. We state4 that the guest cottage was indeed a non~conforming use, but undeI' 920..71(1) ofthe Chanhasscn City Code, the must "recognize the existence of uses, lots, and structures which were lawful whenestnblished, but which no longer meet all ordinance requirements". We also stated, as allowed by Channassen City Code (20-72(0), we \Vere pennitted to maintain and repair non- conform.ing structtltes. Inadditionthcrcwas no expansion; intensification, replacetneht, structural change Or relocation of any nou'-contorm.ing use as prohibited by 920-72( a). We made it dear that the building hadprevim.1s1y been used as a guest house to accommodate friends, fatuily and caretakers, and that we did 110t intend for that purpose to change. Subsequently we received the building permit (apl)!ied tor on May 8, 2001; nUlnber 01003 77) on June 4" 2001. The final inspection resulted in approval Qfthe work and an "OK to Occupy" was issued on July 3,2001. My father-in-law has occupied the guest cottage frmIl August, 2001 to the present and no -thITher comm~lnil::ation has been received by the city. Attached are documents pertaining to oUr interaptions with the City of Chanhassen. Please feel free to contact me with any questions you may have. Sincerely, Bm Cole MAY 2 3 2001 INSPECTIONS DIVISION Work done on guest house located at 6201 Murray Hill Road, Chanhassen, MN since May 19, 2000. 5-23-01 r \~'t~ IT py , /'0. o~'11 . 0' CITY OF CHANHASSfN A. Guest house description - Th~ guest house at 6201 Murray Hill Road is a separate structure from the main residence. The reetangular building is~l~ in length and_~p. feet in width with the length prientated north and south. The foundation consists of masonry block walls resting on poured COllcrete footings. A two-car garage is located underneath the.north half of the guest house. A "slab on grade" is under the south half of the stru~e. - Walls w~re framed with 2 X 4s. The interior of the perinteterwalls were covered vtith wood paneling, while the partitionin~ walls were covered with sheet rock. Exterior walls were insulated' with four inch insulation. - The building was previously used as a guest house to acconunoclatefriends, family members and caretakers. We do not intend for the purpose ofthe guest house to change from what it has been. We do intend to keep the guest house in good repair. B. Condition of guest house prior to work - Portions of footings and blockwall foundation were failing. Sections of the subtloor, :t}oor and joists had water damage as a result of poor grading around the southern portion of the building and the lack ofa water proofing membrane on the exterior of the masonry foundation wall. Sheet rock on the partitioning walls were molpy and in disrepair. Kitchen cabinets were delaminating and the kitchen sink diq not have a trap. C. Repair offoundation (permit number 0000519) - Earth was excavated from around the south perimeter wall and southern. portions of the east and west perimeter walls. Flooring and joists were cut away on the inside ofthe perimeter walls. Two sections offooting (one six foot and one four foot) wereteplaced. In some areas, old mortar joints were chipped away and tuck pointed. Blocks were core fiUed,with rebar reinforcemeht, at approximately five foot interval~. Drain tile was 'installed around the excavated portion and tied into the existing tile. A water proof membrane as well as two inch ridge insulation was applied to the exterior of the masonry wall from the footing tip to the top of the wall. After the work was completed the excavated area was back ftJ.led and, graded.' D. Work done after foundation repair - Flooring: Floor joists (~ X8s) were reinstalled. The joists were secured to rim joists which ran around the mside of the perimeter walls and were also supported on the w ~ '+. F ...:...... 1\..... ~.l f'-- ,. ~ w ....3 . \ 1-:2' w.J II: z~ '< 0- .... a tl. :i: '~- W ft .,.. a: Z 0 "'\. r..l W 0 . ,..,L \ (J' zwe>> . 000";' ~~~ W<c tl.::r:: (1)0 ~u.. o ~ (.) ~ o W .w Ji:~ 0- Q.:E W:Zo O:wo zWe>> OW";' ~~{;; Oze>> .~~ (/)0 ~u. o ~ <:5 "- ~ \~' 10.~~' ~'" (, ....M'\o....i . .,);... '-. \\:.'-, , '- ~, "-:--" ~j .".~" .s:,. ,"'. 0 . \... w . 0:: '". 0.: o UJ LL ~ :2: W Q '< b a w oll Q.. . w UJ ~ Z - - I- .:~: ~-l ,: :.::: . . 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" UI IX: a: j:; 1 oc:'O ~ w a: I- w OoJg L.. ~ n- O z ~ ;) ..--. =lU (JJ ~ 0 0 9 '" -...-.... g .!9 0 " .<( .(,) 3= 1\\ " =.~ 8l 'l'... " 7~ ) \1 '" ~\. \; .}~ ~~ ..... /"1' , '" N' <' , S, ~\ f>' oJ{ k,-, J, ~J ~ ~- I -c, j , ,~. ,~ ~ ~ /..\ . 'W '0......) . ,,~, .LL. _1 ...$. &.d ~ _ t.~ ~ b.. i 2().60 CHANHASSEN CITY CODE Sec. 20-60. Denial. Variances may be deemed by the board ofatljustments and appeals and the council, and such denial shall constitute a finding and determination that the. conditions required for approval do not exist. (Old. No. BO. Art. III, i 1(3.1-4(6)), 12.15.86) Sees. 20-31-20.70. Reserved. DMSION 4. NONCONFORMING USES. Sec. 20.71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots. and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any noncon- forming use, building. or structure: (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. . (Ord. No. 165, J 2, 2-10-92) ( Sec. 20.72. Nonconforming uses and structures. (a) There shall be no expansion. intensification, replacement, structural change, or reIo- catio.."1 of any noncorJ'o;..,ing use or nonconforming structure except to iessen or eliminate the noo~~a.rnrl~. . -~ (b) Notwithstanding any other provisions of this chapter. any detached single-family dwe~Ji{jhat is on a nonconforming lo~or that is a noncontormihg u~ or ~tl'U~Yr~un~ i![terea, or.~~_~~~e~ how~J\t.- that the noncoiil'onnror may not beinS:1"eased. If a setback of a dwelling is nonconfOrming, no additions may be. added to the nonConforming side of the building unless the addition meets ~tback requirements. . (c) No nonconforming use shall be reaumed if normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall n1n continuously thereafter. Following the expiration or twelve (12) months, only land uses which are permitted by this ordinance shall be allowed. to be established. ( .Editot"s Dote-Section 201 Ord. No. 16(S, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in ff 20.71-20-'13. Prior to amendment, Div. 4 contained !if 20-71-20.'18, which pertained to similar subjechnatterand derived from Ord. No. 80. Art. m. f 5, adopted Dee. 15, 1986; and Ord.No. 163, f 1, adopted Feb. 24.1992. Supp. No." 1164 ZONING A 20.73 ( Cd) Full use of a nonconforming land use shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of twelve (12) or more months. Time shall be calculated 83 beginning on the day following the last day in which the nonconforming land use was in Cull operation and shall run continuously thereafter: Following the expiration of twelve (12) months, the nonconforming land ~may be used only in the manner or to the extent used during the preceding twelve (12) months. For the purposes of tbis section, intensity or use shall be mea. sured by hours of operation, traffic, noise. exterior storage. signs, odors. number of employees, and other factors deemed relevant by the city. '-- .~ {~) _ Maintenance.~ repair ofn2.nc~forminl!' structures is permitf.td. Removal or destruc- tion of a nonconfonning structure to the extent of more than fifty (50) percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to con. tinue the nonconforming structure. (f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, . . if approved by the city council a nonconforming land use may be changed to another nOncon- forming land use of less intensity if it is in the public interest. In all instances the applicant has the burden oC proof regardiDg the relative intensities of uses. (g) If a nonconforming . land use is superseded or replaced by a permitted use) the non. conforming status of the premises and any rights which arise under the provisions of this section shall terminate. (Ord. No. 165, ~ 2. 2.10-92) ( - Sec. 20.'13. Nonconforming Jots of record. (a) N~ variance_shall be required to reconstruct a detached single-family ~welling located on a nonconfoi"1liing lot ot record or which is a nonconforming use ifit is destroyed by natural disaster so long as the replacement dwelling has a footprint which is no larger than that of the destroyed structure and is substantially the same size in building heIght and floor area as the destroyed structure. Reconstruction shall commence within two (2) years of the date of the destruction of the original building and reasonable progress shall be made in completing the project. A buil~ng permit shall be obtained prior to construction of the new dwelling and the new structure shall be constructed in compliance with all other city codes and regulations. (b) No variance shall 'be required to construct a detached single-family dwelling on a nonconforming lot provided that it fronts on a public street or approved private street and provided that. the width and area measurements are at lest seventy.five (75} percent of the minimum requirements orthis ehapter. (e) Except as othenrifJe ~cally provided for detached single.fanwy dwellings, there shall be no upansion, intensification,replaeement. or structural changes of a structure on a nonconfonning lot. (d) It two (2) or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of thiscbapter tor lots in the district. the Supp.}oio. .. ( 1165 ~._...n'._..~ .