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3. 720 West 96th Street Variance0 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: December 10, 2012 0W� SUBJ: Variance Request — Accessory Structure exceeding 1,000 sq. ft. 720 West 96` Street — Planning Case #2012 -12 PROPOSED MOTION "The Chanhassen City Council denies the variance to the 1,000 square -foot accessory structure limitation to permit the expansion of the existing nonconforming structure and adopts the attached Planning Commission Findings of Fact." City Council approval requires a majority vote bf City Council present. EXECUTIVE SUMMARY The applicant desires to reconstruct and expand a nonconforming storage structure on site. The previous building was 1,280 square feet (32' wide x 40' long). The proposed building is 1,800 square feet (37' wide x 40' long plus an 8' wide x 40' long covered walkway /lean -to area). The variance permits a 520 square -foot expansion to the storage building. A total of 5,940 square feet of accessory structures would result from the variance approval. PLANNING COMMISSION SUMMARY Planning & The Planning Commission, acting as the Board of Appeals and Adjustments, held a Natural Resources public hearing on November 20, 2012. The Planning Commission voted four (4) for and Phone: 952.227.1130 two (2) against a motion denying the variance request. Because City Code requires a Fax: 952.227.1110 three - fourths vote of the members present for the vote to be a final determination, the Public Works vote serves only as a recommendation to City Council. 7901 Park Place Phone: 952.22 The applicant submitted a letter and drawing from Gregory J. Havlik, P.E., stating that Fax: 952.227.1310 the "proposed rebuild will favorably alter the roof slopes and snow loadings ". He also noted that "the new configuration ... will provide safety egress function of the Senior Center pedestrian door to the existing attached building" (see attachment). Phone: 952.227.1125 Fax: 952.227.1110 As part of the discussion, staff presented in the Planning Commission report two Web Site alternatives that would meet the City's ordinance requirements and, therefore, not www.ci.chanhassen.mn.us require a variance. Both these alternatives assumed that the applicant's roof design would be incorporated in the building. One alternative flips the building 90 degrees and uses 2.5 -foot eave overhangs to get the roof edge as the applicant proposes. The other alternative shortens the building, but widens it to 45 feet to achieve this same effect. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt 720 West 96 Street Variance Request December 10, 2012 Page 2 Engineering staff notes that the applicant indicated that the volume of snow and the resulting runoff from the north- facing roof creates an issue. As indicated to the applicant at the time of the site visit, the building footprint could be modified to be in compliance with the City Code. Planning Commission minutes are item 1 a of the December 10, 2012 City Council packet. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion denying the variance to permit expansion of the existing nonconforming accessory. ATTACHMENTS 1. Letter from Gregory J. Havlik, P.E., to Greg Falconer dated November 15, 2012 2. Planning Commission Staff Report Dated November 20, 2012. gAplan\2012 planning cases\2012 -12 720 west 96th street variance- falconer\resubmittal \executive summary.doc A Structural Consulting, Ltd. c 6482 Carlson Dr..,.: -" Eden Prairie, MN 55346 www.havtek.c= JIQ 952 -935 -1113 Fax 952 -935 -1473 Date: November 15, 2012 HTK- 2012 -11 -178 Greg Falconer 720 West 7e Street Chanhassen, MN Subject: Roof of building Snow and Ice safety. To: Mr. Falconer HavTek Structural has reviewed your information for replacement of the building roof that collapsed probably due to excessive snow load, Your proposed rebuild will favorably alter the roof slopes and snow loadings. We have provided the loading requirements for the new configuration. The new configuration as shown on sketch 200386 -SK1 will provide safety egress function of the pedestrian door to the existing attached building. A plan view of the site indicates the roof load design requirements for sliding and drifting concerns. If you have any other needs or requests please contact myself. Respectfully: Gr . Havlik I P.E . President E) PROPOSI B PROPOSED NEW OVERHANG EXISTING BUILDING EXTERIOR DOOR EXISTING BUILDING NON—STAN AREA OF SNOW LOADING DUE TO DRIFT ► SUDING SNO PR OFILE SEE ► TO SNOW LOAD 9Z25 PSF tz ► 7' _ ► e i e i e i e i � ► ♦ ► - L - ► e ` e e e e e e ! ► e e e i ► ►eieieiei! ► *iei ►iei�' ►eieieiei� ►eiei ►eei� - ►eieieiei� ►eiei ►ieie ►eieieiei! ►eiei �eie ►eieieiei� ►eiei �ei� ►oeeeeeee! ►eeee ►eeee , , .. , ►ee�e�e�e� ►eiei �eie Lj 44 PSF ►eieieiei� ►eiei ►ieie ►eieieiei� ►eiei ►ieie x NORTH ELEVATION SKI SOME N.T.S. PROPOSEDG I HEREBY CERTFY'NAT Ims PLAN, SPEcFICA'" HAVTEK STRUCTURAL CONSULTING LTD. OR REPORT WAS PREPARED BY ME OR UNDER MY 45' -0" DIRECT SUPERVISION AND THAT I AM A DULY 6462 CARLSON DRIVE 952 -935 -1113 REGISIMAED PROFESSIONAL ENdN 1HE EDEN PRAIRIE, MN 55346 952- 935 -1473 FAX � LA f!E STATE . CLIENT: GREG FALCONER GREGCIY If HAVLIK LOCATION: 720 WEST BOTH ST. CHANHASSEN', MN 55317 PLAN TITLE: BUILDING PLAN AND ELEVATION SKI SCALE: N.T.S. REG. NO.: 2 = 11J12/12 SCALE: AS NOTED DATE: DATE: 11/12/12 BY: SNP SK NO: 200386 —SKI 37' -0 - - -V - -1 PC DATE: November 20, 2012 CC DATE: REVIEW DEADLINE: December 21, 2012 CASE #: 2012 -12 BY: RG, TJ, JS, JS PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments denies the 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation and adopts the attached Findings of Fact and Decision." CITY OF CHANHASSEN SUMMARY OF REQUEST: The developer is requesting a 4,940 square -foot variance from the 1,000 square -foot accessory structure area limitation to reconstruct and expand the original non - conforming shed. LOCATION: 720 West 96 Street Chanhassen, MN 55317 APPLICANT: Greg and Tammy Falconer 720 West 96 Street Chanhassen, MN 55317 (612) 850 -6856 gmfinc@mninter.net PRESENT ZONING: Agricultural Estate District (A2) 2020 LAND USE PLAN: Residential Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 4.77 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION - MAKING: q ty .9t Str t i � f The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high 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. PROPOSAL /SUMMARY The applicants are requesting a variance to exceed the 1,000 square -foot maximum area for accessory structures to reconstruct and expand the original 1,280 square -foot non - conforming structure. A second 4,140 square -foot accessory structure was constructed in 2000. With the proposed expansion, accessory structures would total 5,940 square feet, which would exceed the maximum allowable accessory structure area by 4,940 square feet. Falconer Variance Request Planning Case 2012 -12 November 20, 2012 Page 2 of 6 The property had a single - family home with an attached garage, a 90' x 46' accessory structure (4,140 square feet) and a 40' x 32' accessory structure (1,280 square feet). Due to snow damage to the roof, the smaller building has been demolished. The property is zoned Agricultural Estate District (A2) and is located at 720 West 96 Street. The properties to the north, south, east and west of the subject property are zoned Agricultural Estate District (A2). Access to the site is via West 96 Street to the north of the property. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming use, Section 20 -74 of the zoning ordinance regarding nonconforming uses and structures allows for the nonconformity to be continued, through repair, replacement, restoration maintenance or improvement, but not expansion. Chapter 20, Article X, "A -2 ", Agricultural Estate District Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures, of the zoning ordinance regarding accessory structures limits detached accessory structures to 1,000 square feet. BACKGROUND On September 18, 2012, the Chanhassen Board of Appeals and Adjustments denied a variance request for a 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation to expand the accessory structure (39' 9'/4 x 40' plus a 5' 2 x 40' covered walkway /lean-to area). On December 5, 1984, the City Council approved a conditional use permit (CUP) for a contractor's yard for the subject property. This application was in response to the August 20, 1984 amendment to the Zoning Ordinance allowing contractor's yards as a conditional use in the R -la, Agricultural Residence District. When the CUP was approved, the site contained two parcels for approximately 10 acres and included two pole barns. The easterly lot was sold and in 1985 a house was constructed on 710 West 96 Street. That lot required a variance because it did not meet the standards of the R -la district. With the variance approval for 710 West 96 Street, the city council affirmed the CUP for the contractor's yard. As part of the Board of �^ v�srssrxsrxcEr C i- lic�fxo�elw The property had a single - family home with an attached garage, a 90' x 46' accessory structure (4,140 square feet) and a 40' x 32' accessory structure (1,280 square feet). Due to snow damage to the roof, the smaller building has been demolished. The property is zoned Agricultural Estate District (A2) and is located at 720 West 96 Street. The properties to the north, south, east and west of the subject property are zoned Agricultural Estate District (A2). Access to the site is via West 96 Street to the north of the property. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming use, Section 20 -74 of the zoning ordinance regarding nonconforming uses and structures allows for the nonconformity to be continued, through repair, replacement, restoration maintenance or improvement, but not expansion. Chapter 20, Article X, "A -2 ", Agricultural Estate District Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures, of the zoning ordinance regarding accessory structures limits detached accessory structures to 1,000 square feet. BACKGROUND On September 18, 2012, the Chanhassen Board of Appeals and Adjustments denied a variance request for a 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation to expand the accessory structure (39' 9'/4 x 40' plus a 5' 2 x 40' covered walkway /lean-to area). On December 5, 1984, the City Council approved a conditional use permit (CUP) for a contractor's yard for the subject property. This application was in response to the August 20, 1984 amendment to the Zoning Ordinance allowing contractor's yards as a conditional use in the R -la, Agricultural Residence District. When the CUP was approved, the site contained two parcels for approximately 10 acres and included two pole barns. The easterly lot was sold and in 1985 a house was constructed on 710 West 96 Street. That lot required a variance because it did not meet the standards of the R -la district. With the variance approval for 710 West 96 Street, the city council affirmed the CUP for the contractor's yard. As part of the Board of Falconer Variance Request Planning Case 2012 -12 November 20, 2012 Page 3 of 6 Appeals and Adjustments hearing on September 18, 2012, the property owner was notified that the conditional use permit for the contractor's yard was null and void. The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of the accessory structures in Agricultural Districts was adopted in May 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment, there were discussions regarding requests for structures in excess of 1,000 square feet to be used for legitimate agricultural uses. Minnesota State Statute 17.81 — Definitions, Subdivision 4 defines agricultural uses as "use of land for the production of livestock; dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under Chapter 18H, fruit of all kinds, vegetables, forage, grains, bees and apiary products. " As part of the discussion, it was determined that requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use and that the variance process provided an appropriate mechanism for addressing the request. The accessory structure to be located on the subject property is intended to be used as a storage structure to house antiques. R A ;C` Location of the proposed expansion Variance 2012 -10, to allow for a 2,560 square foot storage building — APPROVED October 9, 2012. Structure constructed after 2005, no permit on file. If a subject property meets the criteria in Minnesota State Statute 16B.60 and 273.13, the agricultural building would be exempt from Minnesota State Building Code and would not require a building permit. However, city code would still require a zoning permit for its construction. The property located at 720 West 96 Street does not qualify as agricultural land Falconer Variance Request Planning Case 2012 -12 November 20, 2012 Page 4 of 6 because the property has 4.77 total acres. Therefore, the accessory structure requires a building permit. • Minnesota State Statute 16B.60 — Definitions defines agricultural buildings to mean "a structure on agricultural land as defined in Section 273.13, Subdivision 23, designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, or sub lessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or goods. " • Minnesota Statute 273.13 — Classification of property, Subdivision 23, Class 2 defines agricultural land to mean "contiguous acreage of ten acres or more, used in the preceding year for agricultural purposes. " ANALYSIS The applicant desires to reconstruct and expand a storage structure on site. The previous building was 1,280 square feet (32' x 40'). The proposed building is 1,800 square feet (37' x 40' plus an 8' x 40' covered walkway /lean-to area). The walkway /lean-to area is included in the area of the building since it exceeds the 2.5 feet eave or architectural detail exclusion. Additionally, it could be enclosed in the future with a minimal of alterations. A,% Proposed expanded building envelope Original Structure (32' x 40') First Expansion 90.3' x 45.7' [4,140 square feet]. August 2000. Falconer Variance Request Planning Case 2012 -12 November 20, 2012 Page 5 of 6 > �_ ?60 S1 ` 1 O.r. . 1 3,50.0 SF J I 1.300 S1 4.190 S1 (� 4,433 SP 4fY 3.900 SF S1- �4 ra 47 q * On October 8, 2012 the City Council approved a 1,560 square -foot variance to the 1,000 square -foot maximum accessory limitation to allow for a 2,560 square -foot storage building. The subject property is guided by the Comprehensive Plan for residential low density use and is included in the 2010 Metropolitian Urban Services Area. This area will redevelop in the future as a more suburban-type development. Historically, 85 percent of residential low density land is developed with approximately one -third acre lots and single - family detached residential units. The remaining 15 percent of development of residential low- density land is some other type of low density residential use, e.g., twin homes, town houses at a density of less than four units per acre. Accessory structures in excess of 1,000 square feet are not conducive to these types of development. City staff met the applicant on site on November 7, 2012 to review the applicant's proposal and evaluate site drainage issues. Staff advised the applicant that he could revise his plans and still comply with the ordinance. The applicant stated that he was concerned that a smaller building footprint would lead to snow storage issues and water problems that he is trying to address. City code permits the applicant to replace the 32' x 40', 1,280 square -foot building. This building would not have to sit in the exact location of the existing building, but could be shifted on site to Falconer Variance Request Planning Case 2012 -12 November 20, 2012 Page 6 of 6 address the owner's drainage concerns, subject to compliance with the A -2 district requirements. Additionally, the applicant could include eaves of up to 2 t/2 feet to provide additional roof area to direct snow to appropriate locations, which would allow a 40' x 32' building with the same roof width as the applicant proposes (45 feet). Or, the building could be shortened from 40 feet to 28' 5 1/3" by 45 feet. 29' —5 1 /V by 45 feet RECOMMENDATION 40' x 32' with 2.5' overhan ,r ti r� E ;L Staff recommends that the Board of Appeals and Adjustment deny the variance and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Reduced Copy Site Survey. 4. Reduced Copy Aerial View Building Plan. 5. Reduced Copy Aerial View Building Plan Previous Submittal. 6. Reduced Copy Building Elevation. 7. Reduced Copy Building Elevation Previous Submittal. 8. Public Hearing Notice and Mailing List. gAplan\2012 planning cases\2012 -12 720 west 96th street variance- falconer\resubmittal\staff report 720 w 96th resub.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Greg and Tammy Falconer for a 4,940 square -foot area variance from the 1,000 square -foot accessory structure limitation on property zoned Agricultural Estate District (A2) — Planning Case 2012 -12. On November 20, 2012 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: P/O SW 1/4 NW' /4 E 155' OF W 310' Section 25, Township 116, Range 23 4. 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 subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to be used for hobby storage. During the 2007 amendment discussion, it was indicated that requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. This structure is being used for hobby storage and not for agricultural uses. Therefore, it is not keeping in harmony with the general purpose and intent of the A2 district. This area is guided for residential low - density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2, as a house, attached garage and two accessory structures exist on the property. Agricultural accessory structures are listed as a permitted accessory use; however, the proposed accessory structure does not meet the criteria- foot nonconforming accessory structure in compliance with the zoning regulations; however, it does not permit its enlargement. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for hobby storage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The 1,280 square -foot accessory structure suffered a snow load collapse in the winter of 2011. The homeowner intends to replace and expand the existing structure by 520 square feet. The City Code states "any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not expansion." This does not constitute a unique hardship not created by the landowner since the 1,280 square -foot structure could be replaced. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. The total square footage of accessory structures on this lot is the second largest in the neighborhood and exceeds the square footages of accessory structures of seven properties in the neighborhood. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. However, this area is guided for residential low- density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. The request is also inconsistent with the City Land Use Section of the City's 2030 Comprehensive Plan: 2.9 — AGRICULTURE LAND USE Consistent with the 2030 Regional Development Framework, the City does not provide for a purely agricultural land use, but rather supports the preservation of this use in greater Carver County. With the urbanization of the City, there is only one active farm. There are some properties that continue to lease their land for crop production. The City reduces the development pressures on agricultural land through its MUSA phasing plan and a policy of protecting agricultural land from premature development until such time as are services are available and requested. 2 2.15 — GOALS & POLICIES Areas outside the MUSA shall be preserved as an agricultural zone or used to support very low density development. It is the City's policy to ensure that this area is not prematurely developed. The City will discourage the expansion or construction of commercial and industrial facilities in this area. 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: This does not apply to this request. 5. The planning report #2012 -12, November 20, 2012, prepared by Robert Generous, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission acting as the Board or Appeals and Adjustments denies Planning Case #2012 -12 for a 4,940 square -foot variance to the 1,000 square foot accessory structure limitation on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 20 day of November, 2012. CITY OF CHANHASSEN IC Chairman PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION OCT 2 2 2012 CHANHASSEN PLANNING DEPT Applicant Name and Address: t , 7 7A v CG.aY. 5 7 Contact: Qo&-e s Phone: ai x Fax: Email: gv&-L ga c- & K ' fe A c f Property Owner Name and Address: Contact: Phone: Fax: Email: NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost ** - $50 CUP /SPRNACNARNVAP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8' /z" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. Planning Case No. P- kk4)_Xbrn4ff&1 CITY OF CHANHASSEN RECEIVED SCANNED PROJECT NAME: S Vk e LOCATION: - 7A y 6— Q &j S6 b Aj S T / 7 LEGAL DESCRIPTION AND PID: � 5 O a. 5 -� ( O TOTAL ACREAGE: —, /- 7 -;;;, WETLANDS PRESENT: X YES NO PRESENT ZONING: A d`% C- t, ( - N REQUESTED ZONING: PRESENT LAND USE DESIGNATION: �S r GQe -( F a ( w ✓� ��. s : U REQUESTED LAND USE DESIGNATION: �G REASON FOR REQUEST: A e- 1 01A < < cA C o ((a a 5 e 1J i'O Lc t t Gl l (it a ct c- Clio v� s t� e �� rr o o -�' . `T I.. e. ml c( E co vi c� roo e (ICJe/ -.,* t JocA & d'-e-sol v!,- ta4(.,-(tc4 l D cf:f�ca .De0 w c,, Q 0 , ; v. , s leave Cal., c C ��w. A5; e D !'S(.�� 5 ►- ✓�c�t.. ✓eS . FOR SITE PLAN REVIEW. Include number of existing employees: and new employees: 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, 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 15 business days of application submittal- A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This 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. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. UZ-t- 3, ao) Date 4 2? Date gAplanlformAdevelopment review application.doc SCANNED Ic - WKST 9M VEER RECEIVED AUG 1 1 2012 Chwassm INSPECTIONS S. ,.y to, L GREG ;At W , Z_ omc APPROVM CITY COPY Seale: 1" = 3W i pp (;GUN;POAO NO 14 — t�,5�00 �,, ., m� *,–, ,'. ._� - 2n. 7_n:; :16. R-9, -, t th ;ted stctes Go vernment S.", ( EiE EE) J - vg.�3_1 a. r4ccner 120 West 96th Street CITY OF CHANHASSEN RECEIVED SCANNED SEP 2 b 2012 CHANHASSEN PLANNING DEPT Falconer - ��v � S 120 West 96th 5Veet Chanhassen, MN 21" 51 16 Y, 8" slde wall footings CITY OF CHANHASSEN RECEIVED AUG 2 4 2012 uJ .. .. II �� I vnrta7ClaY1,'�CIQIViIQCa DEPTI 15'24 II II II � �I II 11 � u en er footings, 55 A` 12 II 1 14 1 II 11 II 11 �acta'y �rgt�a-ed fnnses P criq per ffwead m II II ,I I. II II II 1'x9' ave cad :door 1 , I II � II �I 4 ' I Ole" f "A" I II I I, II 11 - - 11 I� II 11 II U II uJ CITY OF CHANHASSEN RECEIVED OCT 2 2 2012 CHANHASSEN PLANNING DEPT SCANNED North Povation SCANNED) Falconer 120 West 96th Street - Chanhassen, MN ILA North Elevation .;iT" OF CHANHASSEN RECEIVE) ;s.. 44 2012 CHANHASSEN PLANNING DEPT CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 8, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 720 West 96 Street Variance Request — Planning Case 2012 -012 to the persons named on attached Exhibit "A ", by enclosing a copy of said 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 of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. K en J. En & dt, D Clerk Subscribed and sw rn to before me this '?%� day of r , 2012. Notary P blic KIM T. MEUWISSEN Notary Public- Minnesota My Commission Expires Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 20, 2012 at 7:00 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. Request for a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Greg & Tammy Falconer Property 720 West 96 Street Location: A location map is on the reverse side of this notice. 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 What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -12 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerousl�ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 20, 2012 at 7:00 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. Request for a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Greg & Tammy Falconer Property 720 West 96 Street Location: A location map is on the reverse side of this notice. 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 What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -12 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerous@ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's• recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ANDREW T RIEGERT BLUFF CREEK GOLF ASSOC BRADLEY C WORM 620 96TH ST W PO BOX 1060 750 96TH ST W CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -1060 CHANHASSEN MN 55317 -8603 CHARLES E & SANDRA R WORM 760 96TH ST W CHANHASSEN MN 55317 -8603 CONRAD L KERBER 9850 DELPHINIUM LN CHASKA MN 55318 -1176 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN MN 55317 -8603 GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN MN 55317 -8603 JAMES R & SHARON M HEDBERG 750 PIONEER TRL CHANHASSEN MN 55317 -8671 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317 -8602 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN MN 55317 -8603 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317 -8602 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 -8695 WILLIAM F & MARY E HEINLEIN 721 96TH ST W CHANHASSEN MN 55317 -8603 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317 -8603 JAXON D & ALLISON L LANG 9870 DELPHINIUM LN CHASKA MN 55318 -1176 LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN MN 55317 -8603 ROBERT & BETTY WOLD 730 PIONEER TRL CHANHASSEN MN 55317 -8671 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN MN 55317 -8673 VIVEK KAUL 9875 DELPHINIUM LN CHASKA MN 55318 -1176 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317 -8603 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923 -6361 LISA C OLSON 9855 DELPHINIUM LN CHASKA MN 55318 -1176 ROBERT A & ELIZABETH K HAAK 770 PIONEER TRL CHANHASSEN MN 55317 -8671 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317 -8601 WESLEY & CAROL DUNSMORE 730 96TH ST W CHANHASSEN MN 55317 -8603