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1 Variance 331 Deerfoot TrailCITY OF BOA DATE: 6/17/97 7/1/97 CC DATE: CASE #: 97-6 By: Kirchoff:v Z STAFF 0ROPOSAL: i LOCATION: ~APPLICANT: REPORT A ten (10) An eighteen (l 8) foot variance from the thirty (30) foot front yard setback requirement and a one (1) percent variance from the twenty five (25) '- percent maximum lot coverage requirement for the construction of a pool. 331 Deerfoot Trail (Lot 10, Block 1, Sunny Slope Addition) Robert and Laura Evans 331 Deerfoot Trail Chanhassen, MN 55317 445-0565 Itl pRESENT ZONING: ACREAGE- DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWER: ~HYSICAL CHARACTER: i000 LAND USE PLAN: PUD R, Planned Unit Development Residential Approximately 13,200 sq. ft. (.29 Acres) N/A RSF, Residential Single Family A-2, Agricultural Estate District Available to the site The site is a double frontage lot that contains an existing single-family residence. Low Density Residential .I Evans Variance June 17, 1997 Page 2 BOARD OF ADJUSTMENTS AND APPEALS UPDATE On June 17, 1997 the Board reviewed and tabled this application. The Board felt that staff and the applicant should work together to come up with a more appropriate location for the pool. At this meetihg, the Board and the applicant questioned why the back yard was considered a front yard. Staff stated that as long as a property line abuts a public street it shall be considered a front yard. The applicant has property lines which abut two streets, therefore, they technically have two front yards although it is generally used as their rear yard. Staff contacted other communities and found that they similarly consider any yard that borders on a street to be a front yard and should, therefore, maintain front yard setbacks. Setbacks on all yards that abut public streets are important for uniformity, aesthetics, open space, safety and visibility, utilities and snow storage. The proposal has been updated to lessen the variance request. Staff has worked with Valley Pools and the applicant to locate the pool in an area that lessens the variance required. The variance from the impervious surface requirement has been eliminated. The staff report has been changed to reflect the new proposal. The new information is in bold and the old information has been struck through. APPLICABLE REGULATIONS Section 20-615 requires that all structures maintain a minimum of a thirty (30) foot setback from the front and rear property lines (Attachment 2). Section 20 615 states that the maximum lot coverage for all structures and paved surfaces is twenty five (25) percent of the total lot area. Section 20-904 states that swimming pools may be located in rear yards with a minimum side and rear setback of ten (10) feet (Attachment 3). BACKGROUND The subject property is located in Sunny Slope Addition. This planned unit development was approved in 1977. Of the 12 lots in this development, 6 have a double frontage, meaning, Lots 7-12 abut Lake Riley Blvd. to the south and Deerfoot Trail to the north. Therefore, the properties must maintain a front yard setback on both streets. This PUD required a 20 foot setback along Deerfoot Trail and a 30 foot setback along Lake Riley Boulevard. The reduced setback intended to compensate for the decreased lot depth. The existing residence does meet iEvans Variance ~'June 17, 1997 ! =. iPage 3 these setback requirements. The lot has approximately 60 feet of frontage on Deerfoot Trail and il 69 feet of frontage on Lake Riley Boulevard. . i ~NALYSIS Whe applicant is requesting a 10 an ! S foot variance from the 30 foot front yard setback (actually ihe rear of the home) requirement and approximately a 1 percent variance from the 25 percent .inaximum lot coveragc requirement to construct a pool. The 16 foot by 30 gg foot, rectangular- ~haped kidney shaped pool is proposed to be located south and west east of the existing :esidence. The applicant would prefer that the pool be located on the eastern side. The Corners of the pool have been cut and it has been shifted closer to the home to lessen the yariance request. The proposal does not include the decking or the fence. The contractor stated {hat typically a 3 foot decking is placed around the , v ....The pool will be including the decking, would bring the pool approximately 20 feet from the property line that abuts Lake Riley ~3oulevard. The decking is typically 3 feet around the pool, however, the actual setback will be measured from the edge of the pool not the decking. Also, City Code states that an in- l[round swimming pool shall be protected by a fence with a minimum height of 5 feet. Typically, a pool is permitted in the rear yard as long as a 10 foot setback is maintained in the ~ide and rear yard. In this case, the applicant has Lake Riley Boulevard bordering on the rear of the home so the 30 foot setback must be maintained rather than the 10 foot. In addition, the iard is technically a front yard so the pool would not be permitted by the City Code. The ~evised proposal has the pool encroaching only 10 feet into the required setback. In order t~ provide a greater setback from the street, the applicant has decided to remove the deck that is located on the eastern side of the property. The majority of the proposed pool ~oroaches into the required setback. In addition, accessory structures are not permitted in the f~ont yard setback and technically this property has two front yards. Staff has eliminated the variance from the lot coverage requirement. The City will not i · ~nslder this to be impervious surface as water can collect in the pool. Staffhas calculated ti~e lot covcrage and found that the existing structures (house, driveway) and pool with the cking will exceed thc 25 percent maximum lot coverage requirement. The residence and the ~iveway cover 2,728 sq. ft. of the lot and the pool area is approximately 750 sq. ft. This a~ditional impervious surface increases the hard surface coverage to 26 percent, 1 percent ~yond what is permitted by ordinance. The lot area is 13,200 sq. ft. so 3,300 sq. ft. is permitted to} bc covered by an impcrvious surface. Approximately 3,475 sq. ft. of the site is proposed to be clbvered by a hard surface. The applicant contends that the variance is needed to provide a safe alternative for their child and fd~r daily exercise (See Attachment 1). The reasons presented are inconsistent with the conditions f4r granting a variance. According to Section 20-58, a variance may be granted if the Evans Variance June 17, 1997 Page 4 enforcement of the chapter would cause a hardship. Staff believes that the enforcement of the 30 foot setback requirement is not a hardship. The property has a reasonable use of the property as compared to those within 500 feet. A single family home with an attached garage exists on this property. The inability to construct a pool on a property is not a hardship. Many residents do not have a pool on their property and still enjoy a reasonable use. Staff has discussed this proposal in detail with the applicant prior to the submittal of this request and explained that the variance would not be recommended by staff as a hardship has not been demonstrated. Staff also explained that the pool will have to be engineered to sustain the slope in the yard. A retaining wall consisting of keystone brick, wood or boulder would be appropriate. Staff has also discussed the pFoposal with the contractor, Valley Pools, and made them aware that a pool is not appropriate in this yard. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical sm'roundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: The applicants have not demonstrated a hardship that would wan'ant the granting of this variance. The property can and has been put to reasonable use as a single family home exists on this site. Staff surveyed Sunny Slope Addition and found that all properties have maintained the appropriate setback (decks may encroach 5 feet, so the setback would be 25 feet rather than the 30 foot) along Lake Riley Boulevard. The applicant has an opportunity to use and enjoy their property without the pool. Approving this variance would depart from the existing standards and would create a new setback along Lake Riley Boulevard. In addition, it may allow for a proliferation of variances. When this report was written no variances were granted in this PUD. bo The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Evans Variance ;June 17, 1997 :Page 5 : !c. ,. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: Although, the variation does not appear to be based upon a desire to increase the value or income potential of the property, the applicant does have a reasonable use of the property. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that the hardship is entirely self-created. The applicant knew when they bought the property that it has two street frontages. The proposal for the pool itself is creating a hardship. Once again, the inability to construct a pool is not a hardship. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance could be detrimental to the public welfare. If the variance is approved, the applicant will be allowed to encroach further into a requirement setback that abuts a public street without a hardship. Additionally, the pool is required to have a minimum of a 5 foot high fence surrounding it and the maximum height of an open fence in the front yard is 4 feet. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair neighborhood property values. [I~E~COMMENDATION aff recommends that the Board of Adjustments and Appeals adopt the following motion: "The Board of Adjustments and Appeals denies the request for a 10 an I $ foot variance from the 30 f~ot setback requirement and the variance from the hard surface coverage requirement based upon t~e findings presented in the staff report and the following: Evans Variance June 17, 1997 Page 6 1. The applicant has not demonstrated a hardship that would warrant the granting of a variance. . The applicant has an opportunity to enjoy a reasonable use of the property without. constructing a pool." If the Board of Adjustments and Appeals should grant the variance the following conditions shall apply: 1. The applicant shall have the pool engineered by a registered engineer. 2. The applicant shall provide type 12I erosion control. 3. The applicant shall comply with swimming pool fence requirements. ATTACHMENTS 1. Application andLetter 2. Section 20-615, Lot Requirements and Setbacks 3. Section 20-904, Accessory Structures 4. Revised Site Plan 5. Property Owners 6. Minutes from the June 17, 1997 Board of Adjustments and Appeals Meeting CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW AppLICATION IVIAY-3 0 1997 ADDRESS ,.~3l ~-.-F-~J{.~- Tm;I ADDRESS: · TELEPHONE (Day time) ~'~ '//~'- 6N &F TELEPHONE: .i . _ Col~prehensive Plan Amendment Temporary Sales Permit [ Cor:difional Use Permit Vacation of ROW/Easements Interim Use Permit ~ Variance ' ' Nonconforming Use Permit . .~ Wetland Alteration Permit Plar~ed Unit Development* Zoning Appeal . Re:,4ning Zoning Ordinance Amendment Sign ~Permits Sign plan Review ~ Notification Sign Site Pan Review* X. Escrow for Filing Fees/Attorney Cost** { ($50 CUP/SPR/VACNAR/WAP/Motes ~ and Bounds, $400 Minor SUB) i . Subdhtision* TOTAL FEE $ ~ ~7'~~''°~ A list ~f all property owners within 500 feet of the boundaries of the property must be included with the applil~ation. Build~g~ material samples must be submitted with site plan reviews. F ~ [~ 1 ~3t~wer*ty-six full size folded copies of the plans must be submitted, Including an 81/2'' X 11" reduced copy of ansParency for each plan sheet. "* Escl~w will be required for other applications through the development contract NOTE - When ~nultiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME -- ~ ~ LOCATION :, ./L.) f~ :-', -l ''~- - ' · TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING YES ,/~ NO REQUESTED ZONING PRESENT LAND USE DESIGNATION 'i ~'. REQUESTED LAND USE DESIGNATION _ . · ." '" , ]REASON FOR THIS REQUEST /%.: _,,_.. CI 'zC ,, ,.., .., . · "t', H' .:' :,',,? :,-,,,. :'x,:i - i .;;:x'.::f 'X x:'... :._.. . 'This application must be complet~d, idfull*and be typewritten or clearly printed and musi'be accompap~ed by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within,faa, business days of application submittal. A written notice of application deficiencies shall'be mailed to the applicant within ten bosiness days of application. 'Thi~ is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, 'Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 w~l 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 authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of rny knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review, Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extar'~sions are approved by the-applicant. .... . /. ~ ffi~?/ :,? 4':/'o · ~/ '7 Signature 8r'EA,.p. Plicant' ..>->'<'--~ ~'' ..... ' Date Signature of Fee Owner Application Received on '~'[~-.)]C'~"'7 Fee Paid Date Receipt No. rTL~ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. May 28, 1997 CITY OF CHANH~EN 1~": "~,.~..' F :.-', MAY'3 0 1997 D~ar Sirs and Madams of City Council: I, Laura Evans,.of sound mind, am in need of a formal variance. I need a footage easement to be lessened on our property of ten feet by the City, so that we will be able to properly place and construct an area for a pool. The pool will provide physical exercise to be performed daily (weather permitting), to alleviate anxiety and stress which I am under medical care for. Also, I must provide a safe physical routine for our daughter because of her A.D.H.D. condition. Three- ou~-of-three persons in this household either, because of mental conditions, laborious daily duties of Work, a strive for excellence and in the nature of "providing for" our family would benefit. OH lives are a~365 day~ year around battle to live co-existingly with all our surroundings and hakitat. Thirdly, I also take care of mentally retarded persons who are in need of daily exercise and privacy. During the months of May, June, July, August and September, my stress and anxiety levals will be drastically reduced. For other reasons extremely private to me, I cannot swim in pub~[ic pools and/or recreational lakes. As iRob and I are living here now, we plan to stay to see through to our daughters edu~ :ation/special needs. The yard parcel part of the property becomes totally useless. I volunteer and work at our Carver County Schools. We are very loving and caring people, we nee( this variance to go through for the health and future of myself, as well as, our daughter's futulie. We ~vill provide the most spectacular landscape available to us, around the pool area, which will enh~ce the beauty of our beautiful Lake Riley neighborhood. I wo ald like to thank you for your precious time and physical energy given to hear this plea for help and accept the understanding of our human needs. We need to "all" recognize each others "time in need," just as our "neighboring flood victims" prayed and hoped for our help - basic needs - and fi~al needs to rebuild their lives. Laur~ ~ Evans & ~a.~nii~ r § 20-595 CHANHASSEN CITY CODE b. For accessory structures, three (3) stories/forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. (Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92; Ord. No. 194, § 2, 10-11-93) Sec. 20-596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2-12-90) Editor's note-Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No. 120 as § 20-595 have been redesignated as § 20-596. Secs. 20-597--20-610. Reserved. ARTICLE XlI. '[RSI~' SINGI,F,.FAMII,Y RESIDENTIAL DISTRICT Sec. 20-611. Intent. The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord. No. 80, Art. V, § 5(5-5-1), 12-15-86) Sec. 20-612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single-family dwellings. (2) Public and private open space. (3) State-licensed day care center for twelve (12) or fewer children. (4) State-licensed group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (7) Antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96) Sec. 20-613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. Supp. bro. 9 1210 ZONING § 20-615 (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (8) Private kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86) Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (4) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12, 11-12-96) State law reference-Conditional uses, M.S. § 462.3595. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually Supp. No. 9 1211 § 20-615 CHANHASSEN CITY CODE illustrated below. Lot8 Where Frontage I, M,a,ured At 8etbaok Line (3) The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. Neck I Flag Lots Lot Line e4~i4t 100/Lot Width (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. Supp. No. 9 1212 ZONING § 20-632 c. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: a. For front yard, tkir~ (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line' where, the lot achieves a one-hundred-foot minimum width. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95) Editor's note--Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617--20-630. Reserved. ARTICI.E XIII. 'rR4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) Sec. 20-632. Pemitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (21 Two-family dwellings. Supp. No. 9 1213 (2) Concrete miring plants. (Ord. No. 120, § 3, 2-12-90) Secs. 20.817u20.900. Reserved. ZONING § 20-904 ARTICLE XXIII. GENERAL SUPPLF~MENTAL REGUI~TIONS DMSION 1. GENERALLY Sec. 20-901. Overhead transmission lines. Installation of overhead transmission lines in excess of sixty-nine (69)kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. (Ord. No. 80, Art. VI, § 2, 12-15-86) Sec. 20-902. Multiple principal buildings on same lot. In any s/ngle-family detached residential district not more than one (1) principal building shall be permitted to be erected on a single building lot. Groupings of buildings in other districts may only be permitted by conditional use permit. (Ord. No. 80, Art. VI, § 3, 12-15-86) Sec. 20-903. Zoning lots. (a) The designation of a zoning lot shall be approved by the city planner if it complies with the lot requirements of the district in which it is located and has a single tax identification number. (b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. (c) After designation of a zoning lot the lot may not be subdivided without complying with the city's subdivision regulations. (Ord. No. 129, § 2, 6-4-90) Sec. 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (1) In the RSF and R-4 Districts accessory structures shall not exceed one thousand (1,000) square feet. These structures may encroach into the rear setback as follows: a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) feet. Supp. No. 9 1232.7 § 20-904 CHANHASSEN CITY CODE b. One hundred forty-one (141) to three hundred ninety-nine (399) square feet, minimum rear setback is ten (10) feet. c. Four hundred (400) square feet and above, minimum rear setback is thirty (30) feet. (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than thirty (30) percent of the yard in which it is built. (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten (10) feet, [but] however, must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than thirty (30) percent of the area of any rear yard. (c) For parcels with less than three (3) acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed, or commenced prior to the erection, construction, or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or discontinued within twelve (12) months. (Ord. No. 80, Art. VI, § 5, 12-15-86; Ord. No. 145, § 1, 4-8-91; Ord. No. 215, § 1, 8-8-94) Sec. 20-905. Single-family dwellings. All single-family detached homes shall: · (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Conform to the following standards for living areas: a. If a one-story rambler design, have an area of nine hundred sixty (960) square feet. b. If a split level design, have an area of one thousand fifty (1,050) square feet. c. If a split foyer and two-story design, have an area of six hundred (600) square feet on the first floor. (3) (4) d. A two-car garage must be provided with the single-family structure. Have an earth covered, composition, shingled or tiled roof or other materials approved by the Uniform Building Code as adopted and amended by the city. Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. ?upp. No. 9 1232.8 06-19-97 1S:28 VALLEY POOLS ,~'~ U'£J ~ V~' 28844834 P. 02 NC TICE OF PUBLIC HEARING B~3ARD OF ADJUSTMENTS AND APPEALS -UESDAY, JUNE 17, 1997 at 6:00 p.m. C'ty Hall - 690 Coulter Drive I ~ I_/ Council Chambers Lake Riley SUBJE ,~T: Rear Yard Setback Variance for Construction of a Pool APPLIC,.~NT: Laura Evans LOCATI'3N: 331 Deerfoot Trail i NOTICE: You are invited to attend a public hearing about a proposal in your area. The applic~_nt. Laura Evans, is requesting an 18 foot variance to the 30 foot rear yard setback to allo,.,, the construction of a pool on property zoned RSF and located at 331 Deerfoot Trail. What Happens at the Meeting: The purpose of this public hearing is to inform you about the develo ~er's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The:Developer will present plans on the project. 3. Comments are received from the public. 4. Pub ic hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someon; about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. will provide copies to the Commission. ! Notice o! this public hearing has been published in the Chanhassen Villager on June 5, 1997. 3BERT & DORIS ROGERS )17 DIANE DR ~NNETONKA, MN 55343 DENNIS R & ANN BAKER 9219 LAKE RILEY BLXrD CHANHASSEN, MN 55317 LUCILLE LOUISE REMUS 9245 LAKE RILEY BLVI} CHANHASSEN, MN 55317 DNALD & KATHRYlq SITTER 249 LAKE RILEY BLVD HANHASSEN, MN 55317 EUNICE ELIZABETH KOTTKE 9221 LAKE RILEY BLVD CHANHASSEN, MN 55317 JEFFREY P & HEIDI S NELSON 300 DEERFOOT TRL CHANHASSEN, MN 55317 ETER PEMRICK JR & WENDY L EGGERS 251 KIOWA TRL HANHASSEN, MN 55317 ALAN & KAREN DIRKS 331 DEERFOOT TRL CHA/YHASSEN, MN 55317 ROBERT D & KRISTIN S REBERTUS 320 DEERFOOT TRL CHANHASSEN, MN 55317 'A/~ES F & PATRICIA M DOLEJSI 260 KIOWA TRL iHANHASSEN, MN 55317 GEORGE B DEWITT 3127 4TH ST SE MINNEAPOLIS, NLM 55414 PAMELA N GUYER 340 DEERFOOT TRL CHANHASSEN, MN 55317 ~ICHAEL & CRYSTAL SCHACHTERLE ~350 DOGWOOD AVE ~XCELSIOR, MN 55331 RONALD YTZEN 9227 LAKE RILEY BLVD CHANHASSEN, MN 55317 DANIEL M & JEAN CHRISTENSEN 360 DEERFOOT TRL CHANHASSEN, MN 55317 3AMES LEE HEN'DRICKSON 9131 LAKE RILEY BLVD 2HANHASSEN, ~ 55317 FREDERICK POTTHOFF III & JUDITH C POTTHOFF 9231 LAKE RILEY BLVD CHANHASSEN, MN 55317 KEVIN M & LIN-DA P SHARKEY 380 DEERFOOT TRL CHANHASSEN, MN 55317 ALAN H & KAREN L DIRKS 9203 LAKE RILEY BLVD CHA_NHASSEN, MAN 55317 JOHN W ARDOYNO 9235 LAKE RILEY BLVD CHANHASSEN, MN 55317 PAUL E & GAIL A TERRY 400 DEERFOOT TRL CHANHASSEN, MN 55317 LELAND G SAPP & DIANE K TAYLOR C/O CERIDIAN EMPLOYER SERVICES 5354 PARK]DALE DR #200 M~NNEAPOLIS, MN 55416 PAUL KENT OLSON 9239 LAKE RILEY BLVD CHANHASSEN, MN 55317 RICHARD R & JILL M M. ADORE 381 DEERFOOT TRL CHANHASSEN, MN 55317 CURTIS G KRIER 9211 LAKE RILEY BLVD CHANqiASSEN, MN 55317 SUNNYSLOPE HOMEOWNERS ASSN C/O LESLIE TIDSTROM 340 DEERFOOT TRL CHANHASSEN, MN 55317 SCOTT ALAN WIRTH 361 DEERFOOT TRL CHANHASSEN, MN 55317 GREGORY L & KELLY R HASTINGS 9217 LAKE RILEY BLVD CHANHASSEN, MN 55317 JOY A TANNER 9243 LAKE RILEY BLVD CHANHASSEN, ~lq 55317 STEVEN A & PATRICIA A SEKELY 341 DEERFOOT TRL CHANHASSEN, MN 55317 CH]~ISTOPHER T MCGRATH & CHRISTINE M MCCa~H ~ ~ 58~INGEKRD .. .. ~DIN~r, MN 5'5436 ,- KENT TAGE RAMLIDEN & NAOMI KAHN-RAMLID~N 321 DEERFO0~ TRL CHANHASSEN, ~N 55317 DALE B & DIA-WE KUTTER · 301 DEERFOOT~TRL CHANHASSEN, /~ 55317 SUNNYSLOPE HOMEOWNERS ASSN C/O LESLIE TIDSTROM 340 DEERFOOT TRL CHANHASSEN, ~/~ 55317 )ALE L & RANDI E BOYER ~005 LAKE RILEY BLVD '.HANHAS SEN, MI~ 55317 STEVEN A & RENEE WILLIAMS 7600 HERITAGE RD EDEN PRAIRIE, MN 55346 DAVID P & KAREN L DAOUST 9470 FOXFORD RD CHANHASSEN, MI~ 55317 ~ENJAMIN E & PATRICIA SWENSON 1015 LAKE RILEY RD ~HANKASSEN, MN 55317 SCOTT A & SUSAN M BABCOCK 8570 MAGNOLIA TRL-APT 112 EDEN PRAIRIE, MN 55344 RICHARD A & JOANNE M LAPLETTRY 9490 FOXFORD RD CHANHASSEN, MN 55317 [OR/q3d~ C JR & KIFfBERLY GRA/~T ;021 LAKE RILEY BLVD IHANHASSEN, MN 55317 PETER C & GEORGE-ANN LILLIE 9355 KIOWA TRL CHANHASSEN, MN 55317 DENNIS M MILLS 9510 FOXFORD RD CHANHASSEN, MN 55317 ~LDON & RAE JEAN BERKLAND ~261 KIOWA TRL ~HANHASSEN, MN 55317 RICHARD C BLUPLENSTEIN & JILL KEOUGH-BLUM]ENSTEIN 9361 KIOWA TRL CHANHASSEN, MN 55317 RICHARD J CHADWICK 9530 FOXFORD RD CHANHASSEN, MN 55317 )ONALD & KATHRYN SITTER )249 LAKE RILEY BLVD ~HANHASSEN, MN 55317 JOHN W & BEVERLY J BELL 9371 KIOWA TRL CHANHASSEN, MN 55317 LAKE RILEY WOODS HOMEOWNERS 1660 HWY 100 S SUITE 428 MINNEAPOLIS, MN 55416 ~ARRY A & HARRIET F BERSHAW )271 KIOWA TRL 2HANHASSEN, MN 55317 MARK A & P~2V~ELA K MOKSNES 9381 KIOWA TRL CHANHASSEN, MN 55317 DAVID 0 HANSEN 108 PIONEER TRL CHANHASSEN, MN 55317 PETER PEMI~ICK JR & WENDY L EGGERS 3251 KIOWA TRL 2HANHASSEN, MN 55317 JOYCE E KING 9391 KIOWA TRL CHANHASSEN, MN 55317 WILLIAM T & CAROL ANN GRAY 50 PIONEER TRL CHANHASSEN, MN 55317 NILLIAM J O'NEILL 9550 FOXFORD RD CHANHASSEN, MN 55317 WILLIAM L & LINDA C JANSEN 240 EASTWOOD CT CHANHASSEN, MN 55317 STEPHEN L WHITEHILL 7001 DAKOTA AVE CHANHASSEN, MN 55317 CRAIG W & KATHRYlq HALVERSON 9283 KIOWA TRL CHANHASSEN, MN 55317 WILLIAM S HENAK & KRISTIN ALLERS 280 EASTWOOD CT CHANHASSEN, MN 55317 MICHAEL & CRYSTAL SCHACHTERLE 6350 DOGWOOD AVE EXCELSIOR, MN 55331 CRAIG W & KATHRYN HALVERSON 9283 KIOWA TRL CHANHASSEN, MN 55317 WILLIAM S HENAK & KRISTIN ALLERS 280 EASTWOOD CT CHANHASSEN, MN 55317 STEVEN F & KATHLEEN M BURKE 9591 MEADOWLARK LN CHANHASSEN, MN 55317 WILLIAM & SS{ARON PREDOVICH C~_ASSEN,~' MN 55317 RICHARD P VOGEL 105 PIONEER~ TRL CHANHASSEN, ~ MN 55317 MICHAEL T & TERESA A MONK 9671 MEADOW LARK LN CHANHASSEN, iMN 55317 RICHARD D & FRIEDA A OLIN 9125 LAKE RILEY BLVD CHANHASSEN, ~IN 55317 JAMES LEE HENDRICKSON 9131 LAKE RILEY BLVD CHANHASSEN, MN 55317 ALAN H & KAREN L DIRKS 9203 LAKE RILEY BLVD CHANHASSEN, MN 55317 RONALD YTZEN 9227 LAKE RILEY BLVD CHANHASSEN, ~N 55317 FREDERICK POTTHOFF III & JUDITH C POTTHOFF 9231 LAKE RILEY BLVD CHANHASSEN, M/~ 55317 JOHN WARDOYNO 9235 LAKE RILEY BLVD CHANHASSEN, MN 55317 MICHAEL J & LISA A REILLY 2305 INDIAN RIDGE DR GLENVIEW, IL 60025 LELAND G SAPP & DIANE K TAYLOR C/O CERIDIAN EMPLOYER SERVICES 5354 PARKDALE DR #200 MINNEAPOLIS, MN 55416 PAUL KENT OLSON 9239 LAKE RILEY BLVD CHANHASSEN, MN 55317 DELBERT R & ~ANCY R SMITH 9051 LAKE RILEY BLVD CHANHASSEN, ~ 55317 RAYMOND M & ~'UDITH N LEWIS 9071 LAKE RILEY BLVD CHANHASSEN, ~(N 55317 CURTIS G FRIER 9211 LAKE RILEY BLVD CHANHASSEN, MN 55317 GREGORY L & KELLY R HASTINGS 9217 LAKE RILEY BLVD CHANHASSEN, MN 55317 SUNNYSLOPE HOMEOWNERS ASSN C/O LES! TIDSTROM 340 DEERFOOT TRL CHANHASSEN, MN 55317 JOY A TA1TNER 9243 LAKE RILEY BLVD CHANHASSEN, MN 55317 ROBERT H & CFERYL A PETERSON 9101 LAKE RILEY BLVD CHANHASSEN, ~ 55317 DENNIS R & ANN BAKER 9219 LAKE RILEY BLVD CHANHASSEN, MN 55317 LUCILLE LOUISE REMUS 9245 LAKE RILEY BLVD CHANHASSEN, MN 55317 JAMES L TONJL~S C/O GENERAL MILLS INC-B BARNES I PO BOX 1113 ~ MINNEAPOLIS, ~ 55440 J P JR & JUDITH M HUNGELMANN 9117 LAKE RILEY BLVD CHANHASSEN, M~, 55317 JOHN B JR & MARLYN G GOULETT 9119 LAKE RILEY BLVD CHANHASSEN, M~ 55317 EUNICE ELIZABETH KOTTKE 9221 LAKE RILEY BLVD CHANHASSEN, MN 55317 ALAN & KAREN DIRKS 331 DEERFOOT TRL CHANHASSEN, MN 55317 GEORGE B DEWITT 3127 4TH ST SE MINNEAPOLIS, MN 55414