6 VAriance 114 Sandy Hook RdCITYOF
CHANHASSEN
*70L) B, rke! Bc, ulevarcl
PO Box 147
,'2 la']qasse[ MN 5531
Adminislralion
,,~2 :_z7 100
952 22/1110
Boilding Inspections
9522271180
Engineering
P ?:,re 952 227 i160
Fax :~,,z 2z, 11 0
Finance
Phnne 952.227 1140
Fa;, 952227 1!10
Park & Recreation
Phone 952 227 !120
Fax: 952.227 1110
Re', reatioq Cen:er
2310 Coulter Bsulevard
Pqcne 9522271400
Fa',< 952227 1404
Planning &
Nalural Resources
Phone 952227 1130
Fax 05222/' 1110
Public Works
1591 Park Road
Pnol e: 9522271300
Fax 9522271310
Senior Cenier
Pl one: 952 227 ! 125
Fax 952 2271110
Web Sile
, hal',hasse / FT/[i iJs
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
Angela Auseth, Planning Department
November 19, 2003
SUB J:
Variance #2003-17, 114 Sandyhook Rd
EXECUTIVE SUMMARY
The applicant is requesting a 21 foot shoreland setback variance (54 foot shoreland
setback) from the 75 foot shoreland setback requirement for the remodeling and
expansion of a house; and a 2% hard surface coverage variance (27% hard surface
coverage) from the 25% maximum hard surface coverage for the construction of a
400 sq. ft. main floor and 1500 sq. ft. second floor addition.
ACTION REQUIRED
City Council approval requires a simple majority of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on November 18, 2003, to review
the proposed development. The Planning Commission voted 4 to 3 to approve the
proposal. Action taken by the Planning Commission was not a super majority of the
members present; therefore the decision acts as a recommendation to the City
Council. There was consensus on the lakeshore setback variance, but not on the
amount of impervious surface. The summary and verbatim minutes are item la of
the City Council packet for December 8, 2003.
RECOMMENDATION
Staff recommends adoption of the motion approving the variance based on the
findings in the staff report dated November 18, 2003.
ATTACHMENTS
Planning Commission Staff Report Dated November 18, 2003.
CITY OF CHANHASSEN
PC DATE: 11/18/03
CC DATE: 12/8/03
REVIEW DEADLINE:
CASE #: Variance 2003-17
BY: AA, LH
STAFF REPORT
PROPOSAL:
Request for a 21 foot shoreland setback variance and a 2% hard surface coverage
variance
LOCATION: 114 Sandy Hook Rd, Lot 2 Block 1, Colonial Grove at Lotus Lake
APPLICANT:
Tom and Marilyn Palmby
114 Sandy Hook Road
Chanhassen, MN 55317
PRESENT ZONING:
Residential Single-Family (RSF)
2020 LAND USE PLAN: Residential-Low Density
ACREAGE: 1.3 DENSITY: NA
SUMMARY OF REQUEST: The applicant is requesting a 21 foot shoreland setback variance
(54 foot shoreland setback) from the 75 foot shoreland setback requirement for the remodeling and
expansion of a house; and a 2% hard surface coverage variance (27% hard surface coverage) from the
25% maximum hard surface coverage for the construction of a 400 sq. ft. main floor and 1500 sq. ft.
second floor addition.
Notice of this public hearing has been mailed to all property owners within 500 feet and
lakeshore property owners.
LEVEL OF CITY DISCRETION IN DECISION-MAKING: 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.
PROPOSAL SUMMARY
The applicant is requesting a 21 foot shoreland variance and a 2% hard surface coverage variance to
construct an addition to the center section of the home. The property is located at 114 Sandy Hook Road;
Lot 2, Block 1, Colonial Grove at Lotus Lake. The property is zoned Residential Single-Family, RSF,
which permits low density single family detached dwelling units. Lotus Lake is a Recreational
Development Lake.
N
Lotus Lake
Subjeot 112
Site
114
110
108
113
109
7OOO
APPLICABLE REGUATIONS
DIVISION 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 nonconforming
use, building, or structure;
(3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their
impact on adjacent properties.
Sec. 20-72. Nonconforming uses and structures
(a) There shall be no expansion, intensification, replacement, structural change, or relocation of
any nonconforming use or nonconforming structure except to lessen or eliminate the
nonconformity.
(b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling
that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or
expanded; provided however, that the nonconformity may not be increased. If a setback of a
dwelling is nonconforming, no additions may be added to the nonconforming side of the
building unless the addition meets setback requirements.
(e) Maintenance and repair of nonconforming structures is permitted. Removal or destruction of
a nonconforming 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 continue the
nonconforming structure.
Sec. 20-481. Placement, design, and height of structure
(a)
Placement of structures on lots. When more than one (1) setback applies to a site, structures
and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment
systems shall be setback (in feet) from the ordinary high water level as follows:
Classes of Public Waters Structures Structures Sewage
Unsewered Sewered Treatment
System
Lakes
Natural 150 150 150
environment
Recreational development 100 75 75
Rivers
Agricultural and tributary 100 50 75
One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) of this article may
be setback a minimum distance of ten (10) feet from the ordinary high water level.
Section 20-1122 Access and driveways.
(h) One driveway access is allowed from a single residential lot to the street.
BACKGROUND
The home located on the property was built in 1962, prior to the adoption of the 1972 zoning ordinance.
Additions were later added to the home in 1977. The earliest Shoreland Management District ordinance
that we were able to locate, dates back to 1986. The 1986 ordinance referenced the DNR standards which
require a 75 foot setback from the Ordinary High Water (OHW) level. Due to the date of first construction
and the unique shape of the 49,711 square foot lake lot, nearly the entire home is built within the 75 foot
shoreland setback requirement, being only 30 feet from the lake, including the patio.
The existing home location exceeds the front and side yard setback requirements of the RSF zoning
district. The existing home has a 30 foot rear yard setback including the patio.
The variance request is for the center section addition. The proposed distance between the addition and
the OHW is 54.2 feet. The patio will remain as an existing structure. Working with staff; the applicant
has revised his plans in good faith to reduce the impervious surface from the existing 28.9% to 27% by
eliminating one driveway entrance and replacing it with pervious surface. As part of the application, the
applicant is requesting a 2% impervious surface variance. By eliminating one of the driveway entrances,
one of the nonconformities on the property will become conforming to Section 20-1122:
(h) One driveway access is allowed from a single residential lot to the street.
ANALYSIS
Since the earliest record we located of the adoption of the Shoreland Management District ordinance
was in 1986, the existing structure is a legal nonconforming structure. The applicant is required to
apply for a variance to construct any addition, which does not meet the setback requirements, as
specified in Sec 20-72 Nonconforming uses and structures:
(a)
There shall be no expansion, intensification, replacement, structural change, or relocation of
any nonconforming use or nonconforming structure except to lessen or eliminate the
nonconformity.
(b)
Notwithstanding any other provisions of this chapter, any detached single-family dwelling
that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or
expanded provided, however, that the nonconformity may not be increased. If a setback of a
dwelling is nonconforming, no additions may be added to the nonconforming side of the
building unless the addition meets setback requirements.
The proposed addition is in the center of the home, which will remain the furthest portion of the home
away from the OHW (54 feet). The encroachment into the shoreland setback will not increase. The
applicant has also, with advice from staff; agreed to decrease the amount of impervious surface by 1.9 %,
eliminating the second driveway entrance, significantly reducing the existing length of driveway and
creating a small turnaround, which reduces the impervious surface to 27%. The elimination of the
driveway entrance will bring the driveway into compliance with the city code as it permits one driveway
access for a single residential property. Stare; ......... '~;~ *~- .... 1;~, ~,~ .... ~'~ ~'~'~ surfaco
Nearly the entire existing home is located within the 75 foot shoreland setback. However, the variance is
for the construction of the addition only. The existing structure will remain a nonconforming structure.
By limiting the variance to the addition, the applicant cannot expand the northwestern portion of the home
without applying for another variance.
Nearly all of the neighboring properties meet the required setbacks for the RSF district, including
lakeshore properties. However, the two immediate neighbors on either side of the subject property did not
have surveys on file in the city's building department.
Staff has reviewed properties within 500 feet and compiled the following list of variances:
File Number Property Lakeshore Variance Request Action Taken
84-5 8037 Dakota Lane No 8 foot rear yard setback variance Approved
to construct a deck
86-6 7001 Sandy Hook No 12 foot rear yard setback variance Approved
Circle to construct a single family home
00-4 7010 Dakota Ave Yes 5 foot side yard variance to Denied
construct a garage
The proposed addition will not increase the nonconformity as it will be constructed within the framework
of the existing structure. The applicant has also agreed to reduce the hard surface coverage to 27% and
eliminate one of the driveway entrances; this will bring the home into compliance with the single
driveway access requirement, which will in turn eliminate one of the nonconformities on the property.
FINDINGS
The Planning Commission shall not grant a variance unless they find the following facts:
ao
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 surroundings,
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 criterion.
Finding: The literal enforcement of the ordinance does not create a hardship, since a reasonable
use of the property for a single-family home exists on the lot. However, the existing structure is
built almost in its entirety within the 75 foot shoreland setback. The home was constructed in
1962, while the earliest record of the shoreland overlay district ordinance was adopted in 1986,
creating a nonconforming structure, which makes it nearly impossible to expand any portion of the
41 year old home without a variance to the setback requirement.· ^~o ~ ~.o. .t.~,_,~ t.~a..~.~ o~.. .... c~,.~,~ ............ ,~... ~.~e,~
~A~;~;~..~ ........ ~ ~ ,~,~ ~; ......... As for the hard surface coverage the applicant is
proposing to reduce the amount of impervious surface in good faith. This is comparable to
neighboring properties with surveys on file with the city.
The conditions upon which a petition for a variance is based are not applicable, generally, to other
property within the same zoning classification.
Finding: In reviewing neighboring property's surveys, many meet the 75 foot shoreland setback
requirement. However, not all neighboring properties had surveys on file. The subject property is
unique in that it was built in 1962, within the 75 foot setback requirement, prior to the earliest
record of the shoreland ordinance adoption in 1986. The same is true of the hard surface coverage
qi ·
The purpose of the variation is not based upon a desire to increase the value or income potential of
the parcel of land.
Finding: The addition will increase the value of the home; however, that is not the primary
intension of the applicant. The addition is based on bringing an outdated portion of the home up-
to-date to benefit the needs and desires of the current homeowners.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created by the homeowner; the home was built within the
shoreland setback prior to the adoption of the shoreland management district. Therefore, the house
is a nonconforming structure, requiring a variance to expand almost any portion of the home.
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 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. As to the hard surface coverage,
this site is adjacent to a lake.l,.~,.-,,,.~-,e,~"~v~;~;"~ ~..~ Increasing the amount of green space will benefit
the lake by reducing the rate of runoff and allowing water filtration. As such, decreasing the hard
surface will be advantageous.
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 as the addition is located in the center of the existing home, nor will it substantially
increase the congestion of the public streets as it is an addition to a private residence. The
applicant is proposing to eliminate one nonconformity (one driveway access) and reducing the
d fo ity (h d fa ) ~rr; ......... ,~;~ ~,~ ~,~,~ .... r~ ...........
secon noncon rm ar sur ce coverage ......................... c> ...................... e,~
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The P!a~mning Ce, n-,~issien City Council approves Variance #2003-17 for a 21 foot variance from the
75 foot shoreland setback requirement as shown on plans dated 9/30/03, prepared by Sawhorse
Designers and Builders, and,~,lj '~ .... approve the 2% hard surface coverage variance from the 25%
maximum standard based upon findings in the staff report, with the following conditions:
1) The applicant shall reduce impervious surface to 25°,4 27%.
2) The applicant shall install a silt fence prior to any excavation
3) The applicant shall maintain only one driveway
4) The applicant shall protect the existing willow trees."
ATTACHMENTS
1) Application
2) Letter from Bill Chenvert & the Palmbys dated October 16, 2003.
3) Public hearing notice
4) Reduction of Survey
5) Reduction of Survey with proposed hard surface reduction
6) Building plans
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
The application of Thomas & Marilyn Palmby, 114 Sandy Hook Road, Variance No. 2003-17.
On November 18, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Thomas & Marilyn Palmby for a 21 foot shoreland setback variance and
a 2% hard surface coverage variance.
The Planning Commission conducted a public hearing on the proposed development which was
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned RSF, Residential Single Family.
2. The property is guided by the Land Use Plan for residential, low density.
3. The legal description of the property is: Lot 2, Block 1, Colonial Grove at Lotus Lake.
4. The Planning Commission shall not grant a variance unless they find the following facts:
The literal enforcement of the ordinance does not create a hardship, since a reasonable
use of the property for a single-family home exists on the lot. However, the existing
structure is built almost in its entirety within the 75 foot shoreland setback. The home
was constructed in 1962, while the earliest record of the shoreland overlay district
ordinance was adopted in 1986, creating a nonconforming structure, which makes it
nearly impossible to expand any portion of the 41 year old home without a variance to
the setback requirement. As to the hard surface coverage variance, the applicant is
proposing to reduce the impervious surface in good faith, it is staffs opinion that
+ha ,~<o,/o ,.,-,~; ..... requirement ca,': ~'~ ~* ~' ........ ;-~ ~'~'~;+;^-~' ........ + fie'-' ,h,~
,~.4 ......... This is comparable to neighboring properties with surveys on file with the
city.
In reviewing neighboring property's surveys, many meet the 75 foot shoreland setback
requirement. However, not all neighboring properties had surveys on file. The subject
property is unique in that it was built in 1962, within the 75 foot setback requirement,
prior to the earliest record of the shoreland ordinance adoption in 1986. The same is
true of the hard surface coverage requirement.,
The addition will increase the value of the home; however, that is not the primary
intension of the applicant. The addition is based on bringing an outdated portion of the
home up-to-date to benefit the needs and desires of the current homeowners.
The hardship is not self-created by the homeowner; the home was built within the
shoreland setback prior to the adoption of the shoreland management district.
Therefore. the house is a nonconforming structure, requiring a variance to expand
almost any portion of the home. c,,,cc r,,;~ ~ .... me ~,~ c,.~ a ['~'~ o,,..r ............
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. As to the hard
surface coverage, this site is adjacent to a lake. Maximizing the Increasing the
amount of green space will benefit the lake by reducing the rate of runoff and
allowing water filtration. As such, decreasing the hard surface will be advantageous.
The proposed variation will not impair an adequate supply of light and air to adjacent
property as the addition is located in the center of the existing home, nor will it
substantially increase the congestion of the public streets as it is an addition to a private
residence. The applicant is proposing to eliminate one nonconformity (one driveway
access) and reducing the second nonconformity (hard surface coverage). Staff is
5. The planning report Variance #2003-17, dated November 18, 2003, prepared by Angie
Auseth et al, is incorporated herein.
RECOMMENDATION
The Planning Commission approves a 21 foot variance from the 75 foot shoreland setback requirement
as shown on plans dated September 30, 2003, prepared by Sawhorse Designers and Builders, and deny
the 2% hard surface coverage variance from the 25% maximum standard.
ADOPTED by the Chanhassen Planning Commission this 18th day of November, 2003.
ATTEST:
CHANHASSEN PLANNING COMMISSION
BY:
Secretary Its Chairman
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
TELePHONe(Daytime)
TELEPHONE:
__ Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
__ Non-conforming Use Permit
Planned Unit Development*
__ Rezoning
__ Sign Permits
__ Sign Plan Review
Site Plan Review*
Subdivision*
__ Temporary Sales Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
__ Zoning Appeal
__ Zoning Ordinance Amendment
__ Notification Sign
X
__ Escrow for Filing Fees/Attorney Cost**
($50 CUPISPR/VACNARNV APIMetes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
*Twenty-six full size folded copies of the plans must be submitted, including an 8Y=" X 11" reduced copy
for each plan sheet.
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
LEGAL DESCRIPTION
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
YES NO
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
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 ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten 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.
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
extensions are approved by the applicant.
~;ignatur~ of Fee Owner
Application Received on Fee Paid ~)
Date
Date
Receipt No. '7 '~t/ c~'/~¢
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.
October 16, 2003
City of Chanhassen
Planning Department
RE: variance application
Tom and Marilyn Palmby
114 Sandy Hook Road
To whom it may concern,
Description-
The above named property is on a cul-de-sac street on Lotus Lake in the city of
Chanhassen. The owners would like to remodel existing living and dining rooms and a
very out-dated kitchen. The owners would also like to construct a second story addition
of family/entertainment/library/study areas. Because of the shape of the lot, the majority
of the house has been constructed inside of the current required 75' setback from the high
water mater mark. The owners would like a variance to this setback requirement. In
addition the existing property is at 28.9% hard cover. The owners would also like a
variance to this requirement. The owners do not intend to construct any closer to the lake
and in fact, new foundations are designed to be a minimum of I 1' farther back from the
lake than existing foundations.
Justification-
a) Because of the unique shape of the property the original home was designed as a
wrap around rambler. Other adjacent properties appear to have setbacks that are
also close to the lake. Our owner's intentions are not to go any closer to the lake
than the existing home.
b) Nearly the entire structure of the existing home lies with in the current required
75' setback from Lotus Lake. That the majority of the foundation of this structure
falls inside of the setback would seem to be unique to this property and would not
set precedence to adjoining properties.
c) While the proposed remodeling and additions will undoubtedly increase the value
of the home, this is not the sole desire of the home owner. As with many homes
in this market the owners desire is to better enjoy their property themselves
perhaps never gaining back the costs of the work. Updating an antiquated kitchen
is the primary impetus for the proposed remodeling and to gain more natural light
to enter deeper in to the home by having taller window walls in living and dining
areas that face the lake are desired.
d) The original home and subsequent additions were not constructed by these owners
therefore, the hardship was not self-created by these owners. The 75' setback
became an ordinance in approximately 1991, the original home was constructed
circa 1962 and additions were constructed circa 1977.
e) The proposed addition and remodeling will not be detrimental to the public
welfare or injurious to other adjacent properties.
The proposed addition/remodeling affects the center third of the existing structure
but will not impair the natural light or air movement to adjacent properties. The
home will remain a single family residence and would therefore not increase
congestion on public streets nor endanger the public safety. And finally as stated
above, although the remodel/additions will increase the value of the home, that is
not the impetus for the work but should certainly not diminish nor impair property
values of the neighborhood.
In justification of the hardcover variance request; the existing home, patios, driveway and
sidewalks is at 28.9% hard cover. The majority of the proposed addition is built upon
either existing foundation or replaces existing patios. The proposed addition towards the
lake replaces patio not grass, no alterations to the patio encroaching towards the lake is
being considered. There is approximately 300 square feet of additional hardcover being
designed on the street side of the property that will replace current planted areas.
When the variance is granted the proposed hardcover with the additions would be 29.5%.
We are asking for a variance from the required 25% to the proposed 29.5%.
In conclusion, allowing the homeowners to remodel and add onto the existing home but
no closer than current foundations to the lake, would constitute a reasonable use of their
property and should not be detrimental to adjoining properties.
Sincerely,
Bill Chenvert, designer
Sawhorse D/B Inc.
Tom and Marilyn Palmby
property owners
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
October 31, 2003, 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 Proposed Shoreline SetbackVariance at 114 Sandy Hook Road for
Construction of an Addition and Hard Surface Coverage Variance on Property Zoned RSF
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.
Subscribed and swor~ to before me
this .~h'Jday of' /~:OPtle/lqOe.'./~ , 2003.
g:\cng\forms\affidavit.doc
NOTICE OF PUBLIC HEARING
PROPOSED VARIANCE
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, November 18, 2003, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the
application of Sawhorse Design requesting a shoreland setback variance for the construction of
an addition, and a hard surface coverage variance on property zoned RSF and located at
114 Sandy Hook Road
A plan showing the location of the proposal is available for public review at City Hall
during regular business hours. All interested persons are invited to attend this public hearing and
express their opinions with respect to this proposal.
Angie Auseth, Planner I
Phone: 952-227-1132
(Publish in the Chanhassen Villager on November 6, 2003)
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 18, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Shoreland Setback Variance
for Construction of an Addition and
a Hard Surface Coverage Variance
on Property Zoned RSF
APPLICANT: Sawhorse Design
LOCATION: 114 Sandy Hook Road
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Sawhorse Design, is requesting a shoreland setback variance for the construction of an addition,
and a hard surface coverage variance on property zoned RSF and located at 114 Sandy Hook Road.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
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 someone about this project,
please contact Angie at 227-1132 or e-mail aauseth@ci.chanhassen.mn.us. 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.
Notice of this public hearing has been published in the Chanhassen Villager on November 6, 2003.
Lotus Lake
City Review Procedure
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim
Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, 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. This report 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.
g:\planq'orms\review procedure
DAVID A & PATRICIA L PREVES
106 SANDY HOOK RD
CHANHASSEN MN 55317-9580
DENNIS J & TONIE FLAHERTY
7004 DAKOTA
CHANHASSEN MN 55317-9583
LOWELL A & NANCY W JOBE
109 SANDY HOOK RD
CHANHASSEN MN 55317-9580
MARK C & NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN MN 55317-9583
NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN MN 55317-9583
ROBERT B & SUE MIDNESS
112 SANDY HOOK RD
CHANHASSEN MN 55317-9580
THOMAS & MARILYN PALMBY
114 SANDY HOOK RD
CHANHASSEN MN 55317-9580
THOMAS V & DARLEEN TURCOTTE
108 SANDY HOOK RD
CHANHASSEN MN 55317-9580
WILLIAM & MARJORIE SPLIETHOFF
4041 GULFSHORE BLVD N
#312
NAPLES FL 34103-3422
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
ROBERT lAN AMICK
581 FOX HILL DR
CHANHASSEN MN 55317-9538
CURTIS G & CHERI L ANDERSON
500 PLEASANT VIEW RD
CHANHASSEN MN 55317-9437
JANICE L ANDRUS
449 PLEASANT VIEW RD
CHANHASSEN MN 55317-9576
CHARLES ALLEN APPLEGATE &
SUSAN R APPLEGATE
1484 GORMICAN LN
NAPLES FL 34110-0935
BRIAN H & JEANNE M BATZLI
100 SANDY HOOK RD
CHANHASSEN MN 55317-9580
DOUGLAS J & ELIZABETH K BITNEY
6645 HORSESHOE CRV
CHANHASSEN MN 55317-9526
HERBERT N & CAROLYN
BLOOMBERG
7OO8 DAKOTA
CHANHASSEN MN 55317-9583
DANIEL A & MARILYN
BOECKERMANN
104 SANDY HOOK RD
CHANHASSEN MN 55317-9580
JEFFREY W & MARY L BORNS
7199 FRONTIER TRL
CHANHASSEN MN 55317-9605
ARLIS A BOVY
7339 FRONTIER TRL
CHANHASSEN MN 55317-9796
CYNTHIA ANN BRICTSON
6613 HORSESHOE CRV
CHANHASSEN MN 55317-9526
RAYMOND P & ALICIA L BROZOVICH
6609 HORSESHOE CRV
CHANHASSEN MN 55317-9526
CARVER BEACH PROPERTIES C/O
ADRIAN JOHNSON
332 2ND ST
EXCELSIOR MN 55331-1806
CONSTANCE M CERVILLA
650 CARVER BEACH RD
CHANHASSEN MN 55317-2101
ANDREW H & KATRINA E CLEMENS
6691 HORSESHOE CRV
CHANHASSEN MN 55317-9526
LADD R & SUSAN M CONRAD
6625 HORSESHOE CRV
CHANHASSEN MN 55317-9526
GREGORY DEAN CRAY
200 FRONTIER CT
CHANHASSEN MN 55317-9728
JOHN M & SANDRA L CUNNINGHAM
6665 HORSESHOE CRV
CHANHASSEN MN 55317-9526
HAROLD G & KATHRYN M DAHL
6631 HORSESHOE CRV
CHANHASSEN MN 55317-9526
PETER J & KATHERINE S DAHL
220 FRONTIER CT
CHANHASSEN MN 55317-9728
JOHN D & ANN M DANIELSON
6607 HORSESHOE CRV
CHANHASSEN MN 55317-9526
DENALI CUSTOM HOMES INC
540 PLEASANT VIEW RD
CHANHASSEN MN 55317-9437
THOMAS W & PAMELA C DEVINE
PO BOX 714
CHANHASSEN MN 55317-0714
STEVEN A & CAROL K DONEN
7636 SOUTH SHORE DR
CHANHASSEN MN 55317-9400
PAUL T EIDSNESS & ANDREA S
JOHNSON
630 CARVER BEACH RD
CHANHASSEN MN 55317-2101
MARK C & NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN MN 55317-9583
NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN MN 55317-9583
ROLF G ENGSTROM & LAWRENCE P
LEEBENS
7201 FRONTIER TRL
CHANHASSEN MN 55317-9605
BLAIR PETER ENTENMANN &
NANCY ENTENMANN
7407 FRONTIER TRL
CHANHASSEN MN 55317-9722
DENNIS C & JANIS I FISHER
7501 ERIE AVE
CHANHASSEN MN 55317-7903
PAT H FITZSIMMONS & PATRICIA L
FITZSIMMONS
7400 CHANHASSEN RD
CHANHASSEN MN 55317-9503
DENNIS J & TONIE FLAHERTY
7004 DAKOTA
CHANHASSEN MN 55317-9583
ROBERT FLYNN & VALERIE FLYNN
40 HILL ST
CHANHASSEN MN 55317-9586
ALAN & ANNABEL FOX
7300 LAREDO DR
CHANHASSEN MN 55317-9608
FRONTIER TRAIL ASSN C/O WILLIAM
KIRKVOLD
201 FRONTIER CT
CHANHASSEN MN 55317-9728
TODD L & PATRICIA A FROSTAD
6728 LOTUS TRL
CHANHASSEN MN 55317-8573
NElL & BARBARA GOODWIN
7310 KURVERS POINT RD
CHANHASSEN MN 55317-7521
ROBERT H GREELEY
7341 FRONTIER TRL
CHANHASSEN MN 55317-9796
DOUGLAS J & LANA HABERMAN
520 PLEASANT VIEW RD
CHANHASSEN MN 55317-9437
RONALD C & SHAWN P HAINES
7340 KURVERS POINT RD
CHANHASSEN MN 55317-7521
JOHN R & CAROL W HAMMETT
6697 HORSESHOE CRV
CHANHASSEN MN 55317-9526
THOMAS W HAROLD
7411 FRONTIER TRL
CHANHASSEN MN 55317-9722
RONALD E & LEANNE HARVIEUX
TRUSTEES OF TRUST
6605 HORSESHOE CRV
CHANHASSEN MN 55317-9526
MICHAEL & DEBRA HAYDOCK
6460 FOX PATH
CHANHASSEN MN 55317-9279
BARBARA L HEDLUND
748 LAKE PT
CHANHASSEN MN 55317-9284
ALFRED A & SUSAN K HENDERSON
7330 KURVERS POINT RD
CHANHASSEN MN 55317-7521
FRANK W JR & MARGARET M
HETMAN
7014 DAKOTA
CHANHASSEN MN 55317-9582
CATHERINE S HISCOX
7500 ERIE AVE
CHANHASSEN MN 55317-7903
KEITH M & MARY BETH HOFFMAN
6470 FOX PATH
CHANHASSEN MN 55317-9279
ANN HOGAN
481 BIGHORN DR
CHANHASSEN MN 55317-9298
ROBERT H & SALLY S HORSTMAN
7343 FRONTIER TRL
CHANHASSEN MN 55317-9796
PAUL F & LISA T HUBER
6663 HORSESHOE CRV
CHANHASSEN MN 55317-9526
THOMAS M & SUSAN J HUBERTY
6450 FOX PATH
CHANHASSEN MN 55317-9277
CHARLES C & JANET C HURD
6695 HORSESHOE CRV
CHANHASSEN MN 55317-9526
DAVID O & RACHEL A IGEL
6195 STRAWBERRY LN
EXCELSIOR MN 55331-8956
PHILIP O & LUDMILLA J ISAACSON
6633 HORSESHOE CRV
CHANHASSEN MN 55317-9526
LOWELL A & NANCY W JOBE
109 SANDY HOOK RD
CHANHASSEN MN 55317-9580
MARK E & MICHELLE C JOHNSON
16425 MAYFIELD DR
EDEN PRAIRIE MN 55347-2238
ANNE F JONES
480 BIGHORN DR
CHANHASSEN MN 55317-8801
ROGER & MARJORIE L KARJALAHTI
7413 FRONTIER TRL
CHANHASSEN MN 55317-9722
JAMES E & ELEANOR KEIPER
6615 HORSESHOE CRV
CHANHASSEN MN 55317-9526
E T KELLY, TRUSTEE OF TRUST C/O
TODD ELFTMANN & S ERICKSON
740 LAKE POINT RD
CHANHASSEN MN 55317-9284
KENTON D KELLY
6539 GRAY FOX CRV
CHANHASSEN MN 55317-9247
WILLIAM & IVY KIRKVOLD
201 FRONTIER CT
CHANHASSEN MN 55317-9728
LEONARD P & NANCY M KISKIS
491 BIGHORN DR
CHANHASSEN MN 55317-9298
LARRY A & JULIE M KOCH
471 BIGHORN DR
CHANHASSEN MN 55317-9298
MICHELE M KOPFMANN & DENNIS O
KOPFMANN
7415 FRONTIER TRL
CHANHASSEN MN 55317-9722
DAVID W & BEVERLY J KOPISCHKE
TRUSTEES OF TRUST
6675 HORSESHOE CRV
CHANHASSEN MN 55317-9526
ALAN & LINDA K KRAMER
531 INDIAN HILL RD
CHANHASSEN MN 55317-9533
KURVERS POINT HOMEOWNER
ASSN C/O MELVIN KURVERS
7240 CHANHASSEN RD
CHANHASSEN MN 55317-9503
FRANKLIN J & MYRNA A KURVERS
TRUSTEES OF TRUST
7220 KURVERS POINT RD
CHANHASSEN MN 55317-7518
FRANK A & DONNA M KUZMA
6651 HORSESHOE CRV
CHANHASSEN MN 55317-9526
JEFFORIE A KVILHAUG & JUDILYN
W KVILHAUG
6681 HORSESHOE CRV
CHANHASSEN MN 55317-9526
JON ALAN LANG
640 CARVER BEACH RD
CHANHASSEN MN 55317-9428
CHRISTOPHER K LARUS & HEIDI M
GARCIA
7018 DAKOTA CIR
CHANHASSEN MN 55317-9581
JOHN C LEE
7337 FRONTIER TRL
CHANHASSEN MN 55317-9796
ALAN W & CAROL LENHART
6575 PLEASANT VIEW WAY
CHANHASSEN MN 55317-9242
GREG & MARIA LINDSLEY
10 HILL ST
CHANHASSEN MN 55317-9586
GREGORY J LINDSLEY & MARIA J
STOFFEL
10 HILL ST
CHANHASSEN MN 55317-9586
LOTUS LAKE BETTERMENT ASSN
105 SANDY HOOK RD
CHANHASSEN MN 55317-9580
LOTUS LAKE HOMEOWNERS ASSN
PO BOX 63
CHANHASSEN MN 55317~0063
DOUGLAS R & JEANNE E MACLEAN
7280 KURVERS POINT RD
CHANHASSEN MN 55317-7518
SCOTT & JULIE MAEYAERT
7506 ERIE AVE
CHANHASSEN MN 55317-7903
MARY C MAURICE & SANDRA M
SEDO
7644 SOUTH SHORE DR
CHANHASSEN MN 55317-9400
STEVEN A & BETH A MCAULEY
20 HILL ST
CHANHASSEN MN 55317-9586
JAMES K MCCLEARY
6661 HORSESHOE CRV
CHANHASSEN MN 55317-9526
TIMOTHY J & DIANE A MCHUGH
7450 CHANHASSEN RD
CHANHASSEN MN 55317-9503
DONALD N & CAROL J MEHL
490 BIGHORN DR
CHANHASSEN MN 55317-8801
THOMAS A & JUDY R MEIER
695 PLEASANT VIEW RD
CHANHASSEN MN 55317-9509
STEVEN T MESTITZ & PEGGY L
NAAS
7200 WILLOW VIEW CV
CHANHASSEN MN 55317-7514
ROBERT B & SUE MIDNESS
112 SANDY HOOK RD
CHANHASSEN MN 55317-9580
LARRY P MON
7470 CHANHASSEN RD
CHANHASSEN MN 55317-9503
PETER A MOSCATELLI
102 SANDY HOOK RD
CHANHASSEN MN 55317-9580
NEAR MOUNTAIN LAKE ASSN INC
610 PLEASANT VIEW RD
CHANHASSEN MN 55317-8327
HENRY & SANDRA NEILS
7012 DAKOTA
CHANHASSEN MN 55317-9583
JOHN E NICOLAY JR
608 PLEASANT VIEW RD
CHANHASSEN MN 55317-8327
EVAN M NIEFELD
7016 DAKOTA CIR
CHANHASSEN MN 55317-9581
FREDERIC OELSCHLAGER ETAL
7410 CHANHASSEN RD
CHANHASSEN MN 55317-9503
THOMAS & MARILYN PALMBY
114 SANDY HOOK RD
CHANHASSEN MN 55317-9580
HARVEY L JR & CAROL PARKER
7480 CHANHASSEN RD
CHANHASSEN MN 55317-9503
PATRICIA A PAULS TRUSTEE OF
TRUST
11010 OREGON CRV
BLOOMINGTON MN 55438-2806
PATRICK F & KATHRYN A PAVELKO
7203 FRONTIER TRL
CHANHASSEN MN 55317-9605
RICHARD J & EUNICE M PETERS
7301 LAREDO DR
CHANHASSEN MN 55317-9608
CHARLES R & JUDY L PETERSON
708 LAKE PT
CHANHASSEN MN 55317-9284
JOSEPH M & MARGERY M
PFANKUCH
6611 HORSESHOE CRV
CHANHASSEN MN 55317-9526
DAVID M & JOANNA POINAR
7303 LAREDO DR
CHANHASSEN MN 55317-9608
STEVEN M & MONICA M POSNICK
7010 DAKOTA
CHANHASSEN MN 55317-9583
ROBERT L & SANDRA J POST
489 PLEASANT VIEW RD
CHANHASSEN MN 55317-9576
DAVID A & PATRICIA L PREVES
106 SANDY HOOK RD
CHANHASSEN MN 55317-9580
GEORGE J & DIANNE H PRIEDITIS
7401 FRONTIER TRL
CHANHASSEN MN 55317-9722
IRVING RAYMOND
7440 CHANHASSEN RD
CHANHASSEN MN 55317-9503
SEYMOUR S RESNIK
7370 KURVERS POINT RD
CHANHASSEN MN 55317-7521
CARMELA V RICHARDS
7320 KURVERS POINT RD
CHANHASSEN MN 55317-7521
DORIS A ROCKWELL
6677 HORSESHOE CRV
CHANHASSEN MN 55317-9526
PAUL J & KARl J ROMPORTL
7417 FRONTIER TRL
CHANHASSEN MN 55317-9722
JOHN & BEVERLY RYAN
6685 HORSESHOE CRV
CHANHASSEN MN 55317-9526
DAVID B SANFORD & MARIANNE M
MCCORD
6440 FOX PATH
CHANHASSEN MN 55317-9277
ROBERT & LINDA SATHRE
365 PLEASANT VIEW RD
CHANHASSEN MN 55317-9524
JOHN T & RUTH E SCHEVENIUS
570 PLEASANT VIEW RD
CHANHASSEN MN 55317-9437
GARY J SCHNEIDER & CYNTHIA
CALHOON SCHNEIDER
640 PLEASANT VIEW RD
CHANHASSEN MN 55317-8327
MICHAEL & KATHRYN SCHWARTZ
469 PLEASANT VIEW RD
CHANHASSEN MN 55317-9576
THOMAS M & NANCY S SEIFERT
600 PLEASANT VIEW RD
CHANHASSEN MN 55317-8327
MARK O & SUZANNE SENN
7160 WILLOW VIEW CV
CHANHASSEN MN 55317-7514
RANDY R & RAYMA LEE SMITH
429 PLEASANT VIEW RD
CHANHASSEN MN 55317-9576
SCOTT J & DENISE B SMITH
30 HILL ST
CHANHASSEN MN 55317-9586
WILLIAM & MARJORIE SPLIETHOFF
4041 GULFSHORE BLVD N
#312
NAPLES FL 34103-3422
DEAN T & SUSAN L STANTON
500 BIGHORN DR
CHANHASSEN MN 55317-8805
MICHAEL A & JANET A STANZAK
724 LAKE PT
CHANHASSEN MN 55317-9284
STATE OF MINNESOTA-DNR TAX
SPEC. - BUREAU OF R E MGMT
500 LAFAYETTE RD
ST PAUL MN 55155-4030
JAY H & SHELLEY H STROHMAIER
80 SANDY HOOK RD
CHANHASSEN MN 55317-9312
NANCY A SULLIVAN
7490 CHANHASSEN RD
CHANHASSEN MN 55317-9503
SUNRISE HILLS C/O CHARLES
ROBBINS
7340 LONGVIEW CIR
CHANHASSEN MN 55317-9797
DAVID M & LAURIE C SUSLA
7409 FRONTIER TRL
CHANHASSEN MN 55317-9722
LORNA G TARNOWSKI
7405 FRONTIER TRL
PO BOX 382
CHANHASSEN MN 55317-0382
LOUIS S TESLER
7500 CHANHASSEN RD
CHANHASSEN MN 55317-8576
JOHN P & JANE THIELEN
665 PLEASANT VIEW RD
CHANHASSEN MN 55317-9509
THOMAS V & DARLEEN TURCOTTE
108 SANDY HOOK RD
CHANHASSEN MN 55317-9580
NICHOLAS J VASSALLO & CHRISTA
M VASSALLO
6669 HORSESHOE CRV
CHANHASSEN MN 55317-9526
DANNY J & BRENDA L VATLAND
7290 KURVERS POINT RD
CHANHASSEN MN 55317-7518
TERRY D & DEBRA L VOGT
732 LAKE PT
CHANHASSEN MN 55317-9284
DAVID E & CAROLYN M WETTERLIN
7420 CHANHASSEN RD
CHANHASSEN MN 55317-9503
LINDA WILKES
7632 SOUTH SHORE DR
CHANHASSEN MN 55317-9400
JOHN R WINDBLAD VON WALTER &
KATHLEEN A WINDBLAD VON
WALTER
510 PLEASANT VIEW RD
CHANHASSEN MN 55317-9437
DENNIS ZHU & ZUO ZHI
716 LAKE PT
CHANHASSEN MN 55317-9284
:\eng\list\lotus lake labels.doc
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