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3. Board of adjustments for a variance to 310 Sinnen Circle C I TY F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM TO: Don Ashworth, City Manager •,/ FROM: Jo Ann Olsen, Senior Planner 6 DATE: March 7, 1991 SUBJ: Response to Kerling /Klinger Statement of Hardship 1 The attached memorandum was inadvertently left out of the main report on the Kerling /Klinger Variance request. The memo from 1 staff responds to the attached statement of hardship from the applicants. Attachments 1 1. Staff's Memorandum to the Board of Adjustments and Appeals dated February 25, 1991. 2. Statement of Hardship submitted by the Applicants received on February 25, 1991. 1 1 1 1 1 1 1 1 CITYOF CHANHASSE,N" 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 ' MEMORANDUM TO: Board of Adjustments and Appeals and City Council 1 FROM: Jo Ann Olsen, Senior Planner ' DATE: February 25, 1991 SUBJ: Response to Claims of Hardship by Applicants, Klinger and Kerling 1 The following corresponds with the numbers in the margin of the attached Statement of Hardship received on February 25, 1991 from the applicants. 1. The easement was existing when applicants purchased the 1 property. Any easement larger than the typical 5 foot and 10 foot easement means that runoff across the property will occur and an easement was taken to protect the drainage. The plat's drainage system is functioning as designed. There is no 1 hardship. The applicants appear to have failed to investigate the purpose of the easement. The slope of the property also existed when they purchased the property. 1 2. The PUD Ordinance does not "throw out" regulations. Typical setbacks are required as part of PUD approval. Some of the front yard setbacks in this PUD were reduced to 25 feet from 1 30 feet. No rear yard setbacks were reduced or requested to be reduced. Therefore, the 30 foot rear yard setback applies. We would be interested to know which owner was told this and by whom. The City always enforces the Zoning Ordinance with a PUD unless specifically changed as a condition of PUD approval. 1 3. The issue of the building permit is addressed in the report. The owner has been told to request the permit fee to be 1 returned. 4. The City Council approved the PUD because it met the PUD requirements. There was concern , by the Council members that 1 the size of the, lots would result in requests for variances. The developer did not think this was a concern since these were becoming typical size lots around the area. Again, the 1 applicant tries to put the blame on the City but the 1 ,Response to Hardship Claim February 25, 1991 1 Page 2 applicants knew the size of their properties, determined the size of their homes (which are not small) and should have been aware of any limitations. The City is not responsible for this. 5. No where is it required that the City look at building plans to see if there are patio doors and then determine if there is adequate setback for decks. This is the responsibility of the owner or builder. The City does do this now to try to avoid this type of situation, but even so, this does not take the responsibility away from the owner. 6. This is addressed in the report. The applicants knew what they were doing was illegal. They made the decisions. ' 7. The applicants may feel consent was "implied ". But it is clear actual consent was denied by an official City Board. 1 8. Consent was not given. The building permit was stopped when only holes for footings had been inspected. 9. Action taken on variances does not only affect surrounding ' properties. Action taken on variances affect future action throughout the whole city. The City's past action has not resulted in a hardship to the applicants. The applicants own actions have created the hardship and self created hardships do not warrant a variance. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 V. ± The board of appeals and adjustments has the power to hear requests for variances from the literal provisions of the ordinance ' in circumstances unique to the individual property under considera- tion and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. M.S.A. Section 462.357 A variance may be granted by the board of adjustments and appeals only if it finds all of the following: 1. That the literal enforcement of this chapter would cause undue hardship and practical diffi- ' culty. ' 2. That the harship is caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not character- ' istic of or applicable to other lands or structures in the same district. 3. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 4. That the special condition's and circumstances are not a consequence of a self- created hardship. 5. That the variance will not be injurious to or 1 -r t \(�� .) , I q01 The city council approved this planned unit development even ' though it had such small lots and knew that the residents would O have problems complying with the zoning ordinance. The city council should not have approved this PUD knowing that it would ' cause undue hardship and /or practical difficulty for the owners. When the house was built on this property, the plans for the house were approved by the city. The plans showed that sliding glass doors were to be located on the rear of the house and were to be 23 or 3 feet above ground level. The only logical reason 1 for these doors would be that they would lead to a deck; es- 111 pecially since they are so high off the ground. If there was going to be a problem with the deck, the city should have indi- cated something at the time the plans for the house were approved. To seek to tell the residents of this now is an undue hardship on them because it could have been disclosed earlierrso that the house plans could have been changed prior to building. There is another type of undue hardship which arose as a direct result of actions taken by the city in this case. The permit was isssued for a deck. When instructed that the deck would violate 69 ' the zoning ordinance, the owner stopped construction of the deck and applied to this board of appeals and adjustments for a variance. Just prior to the hearing by this honorable board, 1 1 zoning ordinance. The city gave implied consent in several fashions The PUD was approved by the city council even though the council knew that there would be problems and that the owners would probably not be able to comply with the zoning ordinance. The city later approved the house plans for this property even though they included sliding la g y g g ss doors Which almost necessarily require a deck on the outside), even though there was such a 1 large drop from the sliding glass doors to the ground (which tells the city that something needs to be located outside of ' those doors) and even though the yards were sloped in such a g P 1 fashion that they are unusable for a portion of the year when it 1 is raining. In addition, the city issued a permit and never re- . funded the permit fee even after it was determined that the deck ' could not be built as proposed. By not refunding the fees, the 1 city has waived it's right to claim that the permits were issued in error and that the deck should be removed. 1 In addition to the above arguments which indicate that the city gave implied consent to have the decks built, the city gave 6 actual consent. City officials now claim that this consent by one department does not constitute consent by the other 1 department. In other words, the right hand does not approve of what the left hand of the city was doing at the time. However, 1 1 1 of the property but also due to the actions :by the city and specifically the advice and recommendations given by city officials in the past. The city waived any right it had to claim a violation of the 1 zoning ordinance. It should be estopped from asking the owner to remove the deck. The city gave implied consent to the construction of the deck and in fact gave actual consent ' to the construction of the deck. 1 1 1 1 1 1 1 1 1 1 1 4 3 -- II II CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937 -1900 • FAX (612) 937 -5739 II 1 !!!!DIR: ` . f TO: Board of Adjustments and Appeals R-,pJ- # I Mayor and City Council ` FROM: Jo Ann Olsen, Senior Planner II DATE: February 20, 1991 SUBJ: Variance to the Rear Yard Setback for Construction of II A Deck II On June 26, 1989, the Board of Adjustments and Appeals reviewed a variance application for the construction of decks on two lots, 310 Sinnen Circle and 8180 Marsh Drive (Lots 11 & 13, Block 4, Hidden I Valley PUD). Staff recommended denial of the variances since a hardship did not exist (see staff report - Attachment #1). The Board of Adjustments and Appeals also recommended denial citing no existing hardship (Attachment #2). The applicants, Kerling (310 II Sinnen Circle) and Klinger (8180 Marsh Drive) did not appeal the denial before the City Council. Since then, the decks have been illegally constructed, disregarding the Board of Adjustments and I Appeals action. Formal complaints were issued against Mr. Kerling and Mr. Klinger with an arraignment date of November 19, 1990. Each individual entered a not guilty plea and a pre -trial was set I for February 4, 1991 and jury trial for February 6, 1991. Prior to the pre - trial, our Attorney, Elliott Knetsch, was contacted by Attorney Steven Peterson who represents the I defendants. Mr. Peterson requested a meeting to present what the defendants felt were mitigating circumstances. On January 14, 1991, a meeting was held with Mr. Peterson, Mr. Klinger and Mr. I Kerling, Mr. Knetsch and myself. Mr. Peterson asked if any city ordinances prevented his clients from filing a second application for a variance. City ordinances do not prohibit a second I application for a variance. Mr. Peterson then indicated he was going to apply for a variance on behalf of his clients. On January 25, 1991, applications were filed. At, that time, Mr. Knetsch and Mr. Peterson agreed that since the applications for variances had , I been filed, it was necessary to continue the criminal proceedings pending the outcome of the variance applications. 1 1 II Variance 896, Klinger & Kerling February 25, 1991 Page 2 1 The matter is currently scheduled for pre -trial on April 1, 1991 and jury trial on April 3, 1991. If the applications are granted, the criminal case will be dismissed. If the applications are denied by the Board of Adjustments and Appeals, we have allowed sufficient time for an appeal to the City Council to be finally determined prior to the trial date. A summary of the building permit process for the subject properties follows: 1 310 Sinnen Circle 1 On June 7, 1989, a building permit was issued in error for a deck at 310 Sinnen Circle. Planning staff reviewed the permit for our signature, but found that it did not have a survey. The permit was given back to the Building Department without the appropriate signatures requesting the survey. The permit was then accidently issued. The Building Department (Steve Kirchman) caught the mistake at a footing inspection on June 12, 1989. The Building Inspector stated the footings had not been poured at the time of the inspection (the applicant claims they had been poured). On June 12, 1989, a letter was sent to the Kerlings requiring application for a variance. The application for the variance was made jointly with Mr. Klinger, and was denied by the Board of Adjustments and Appeals on June 26, 1989. After being contacted by the city in February, 1990, Mr. Kerling stated he did not build a deck. On March 3, 1990, Building Inspector Steve Nelson inspected the site and found a deck had been constructed in violation of the denied variance. 1 8180 Marsh Drive On June 2, 1989, a permit was issued for an unattached deck as an accessory structure for 8180 Marsh Drive (Klinger - Attachment #3). An unattached deck (6 ft. from the house) would be defined as an accessory structure and could be located as close as 5 ft. from the rear lot line. On February 15, 1990, a letter was sent to Robert Klinger requesting that he schedule a final inspection (Attachment #4). On March 2, 1990 the Building Department received a letter ' from Mr. Klinger stating the deck was abandoned due to financial factors. On March 3, 1990, Building Inspector Steve Nelson inspected the site and verified that an attached deck had been constructed on the site. 1 Summary . 1 The applicants did not appeal the Board of Adjustments and Appeals decision to the City Council. They simply left the meeting with no comment and obviously with the intention to disregard the Board's 1 II Variance 896, Klinger & Kerling February 25, 1991 Page 3 1 decision and build the decks illegally. Messrs. Klinger and Kerling state they followed this procedure upon the advice of an ex- Building Official (Ron Julkowski) who told them if the variance was denied to go ahead and build the decks without the city's knowledge. Mr. Julkowski denies the allegation, but we believe the information is irrelevant. First of all, former city employees are 1 often accused of actions they are no longer able to defend against. Secondly, no public employee is in a position to counsel an individual to break the law and the average citizen should understand this. The applicants knew what was permitted and that what they were doing was illegal. They are the ones who chose to disregard the appeal process and illegally built the decks and are solely responsible for this action. Staff does not enjoy recommending denial of a request for a deck which almost every single family home has, nor do we like to go even further in processing a formal complaint with the possible outcome of having the decks removed. To provide the applicants with one final option prior to trial, staff is again processing the variance application. Other than the fact that the decks have been constructed, the facts remain the same as in the first application and no hardship exists (please refer to the original report #1). The applicants have reasonable use of the property. Any financial hardship is self - created and does not warrant approval of a variance. Therefore, staff again is recommending denial of the variance BOARD OF ADJUSTMENTS AND APPEALS UPDATE The Board of Adjustments stated that no changes have occurred since ' the first application was denied, that a hardship still does not exist and again denied the variance request. Recommendation Staff recommends that the City Council adopt the following motion: ' "The City Council denies Variance #89 -6 because a hardship does not exist." Attachments 1. Board of Adjustments and Appeals minutes dated February 25, 1991. 2. Letters from surrounding property owners. 3. Staff report dated June 26, 1989. 4. Board of Adjustments and Appeals Minutes dated June 26, 1989. 5. Memorandum from Steve Nelson dated May 2, 1990 with attachments. 6. Applications. 1 1 II BOARD OF ADJUSTMENTS AND APPEALS MINUTES FEBRUARY 25, 1991 The meeting was called to order at 6:40 p.m. MEMBERS PRESENT: Tom Workman, Carol Watson and Willard Johnson. STAFF PRESENT: Variance to the Rear Yard Setback for Construction of a Deck, Kerlinq /Klinger, 310 Sinnen Circle and 8180 Marsh Drive Staff provided the background on the variance requests. Staff stated that in June of 1989, the applicants first requested variances for the construction of the decks which was denied by the Board of Adjustments. The applicants did not pursue an appeal in front of the City Council but went ahead and built the decks in violation of the Board of Adjustments action. The applicants are requesting review of the application for the variance again by the Board of Adjustments. Staff stated that the facts of the case remain the same, that no hardship exists and that staff is recommending denial of the variance request. 1 Watson went through the new list provided by the applicants with their reasons for hardship and stated that a PUD does not disregard all of the other ordinance requirements and that the applicant can request that the fees for the building permit application be returned. She stated that small lots are restrictive but people are still buying them and that they should know their limitations. She also stated that a deck and patio at ground level could be built as an option to the variance and that when they were in front of the Board of Adjustments in 1989, it was made clear to the applicants that they could appeal the decision to the City Council but that they chose not to. She further stated that nothing has changed and that she is still recommending denial. 1 Mr. Klinger stated that he understands the problems now with the PUD and small lots. His back yard, due to drainage, cannot support a patio and he needs the deck so that he can enjoy his back yard. ' He also stated that Mr. Chmiel has visited the site and where the water sits on the lot and has gotten his shoes wet. He stated that the hardship is characteristic to his lot because of the drainage and that should constitute a hardship. He stated that he wants a nice place for his family and feels that he should be permitted the deck. 1 Workman asked the applicant why drainage would be justification for the deck. Mr. Klinger stated that the developer, Rottlund, has graded once but there is still a water problem in the back yard and that a patio would not work because of the shifting ground. r II Board of Ad and Appeals ? PP Minutes of February 25, 1991 Page 2 , Watson stated that the drainage problem is throughout the city, not necessarily with just his property, that everyone has drainage problems due to the clay soils. Krauss stated that the Board must look at the house plan and where it is located on the site, that Mr. Klinger's house plan was pushed back to the setback line due to the location of the garage and that grading of those individual sites is up to tpe builder and owner. • Johnson stated that he still sees this as the same situation and that the applicant could build a patio, not directly on the ground, which would not be affected by the shifting of ground during the seasons. Workman stated that the variance is difficult to review, that if the Board of Adjustments approves this variance, then he knows twelve other people will come in requesting the same thing and that nobody likes to say no. He stated that in light of the decision one year ago, he cannot see how the Board of Adjustments can change their mind now. He also feels that this may have gotten too far out of hands for the Board of Adjustments and the City Council and it may have to be resolved through the court system. 1 Watson moved, seconded by Johnson, to deny the variance request. Mr. Kerling stated that he would like to have a chance to speak. ' He stated that he also came from another community with small lots and had no problems. He is concerned that the city now checks for patio doors and that if that had happened when he purchased his home he would not be in this situation. He stated that he relied on the building inspector, an ex- employee, and now he is being told that he cannot have their deck. He stated that for him to not be allowed to have a deck when all others can have one is a hardship. He wants equality. He stated that he was lead to believe that there would be no problem in building the deck and that granting the variance would not be injurious to surrounding areas. ' Workman stated that there is no ordinance requiring the city to review patio doors. , Roger Knutson, City Attorney, stated that you cannot deny a building permit because the house has a patio door. Workman questioned what was the difference between this variance and the blanket variance granted for Sierra Court. Staff stated that the difference was that those lots would not have been buildable for even a home if a variance had not been granted. In this case, the sites are getting reasonable use with the home that accessory structure being requested. 1 i Board of Adjustments and Appeals Minutes of February 25, 1991 1 Page 3 The Board of Adjustments moved on the motion made by Watson, and seconded by Johnson, and all voted in favor of denying the ' variance. The meeting was adjourned at 7:30 p.m. • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 -28 -91 1 Don Chmiel Mayor of Chanhassen 690 Coulter Drive Chanhassen, Mn. 55317 Subject: Variance for a deck (310 Sinnen Circle) Dear Mayor Chmiel: I am writing in support of my neighbors, Dan and Aileen Kerling, who have a variance request which will be addressed by the council at the next meeting. As I understand, there were changes in position regarding the initial request for the Kerlings to build a deck and approval to proceed is now a matter of contention between the city and the Kerlings -all based upon whether or not a now departed city employee told them to proceed. This letter is not to contest the changing in position nor, to debate whether or not the ex- employee told the Kerlings to proceed with the building of their deck. Putting all the differences aside I believe one should look at what is fair to the homeowner and how does the deck effect those in the neighborhood. Does the deck create and eyesore or cause a decrease in the value of the properties around their home? No. Quite the contrary the home would appear of less value by itself and to those surrounding it as it would appear incomplete without a deck. Does the deck create any sort of safety problems? No. As a matter of fact, the Kerlings have younger children who play on and around this deck. Were it to be removed one would assume that in all probability the children would eventually migrate to the street area as they seek a smooth surface on which to play. Does the deck cause any type of problems with other families in the neighborhood. No. In fact, the Kerlings are open and friendly people and the deck is an area where one can gather to converse and increase neighborhood harmony. Mayor Chmiel, I would ask that you sort through the confusion about who did or did not say what and determine what is fair in this matter. Granting this variance would go a long way toward increasing the confidence we as residents have in our city coucil. My thanks for your support. Regards, 321 J S innen Circle • 1 1' 1 1 _AL • IP 1 / / ... et.._ u v 1 0 h0 CJ` a._ - ..<« • . _ it:.. • ‘...C,, , ...e c c .rte ,L ct.0 J - • 4,6 . L cc-c)--Q_ k.? 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A ' -. - Ir / i'l le ,c.a.__-, Al _-. t,c -., _.,..! _ -..r ,a_ t • _ _ - I % .- -- — — a II 1 I ' —_. ----- — _ •_ .— _ 1 • 1 • 1 1 1 1 1 1 Det e_4-44 Ln. , _ Plower ter 1 C r S-S--) - RECEIVED 1 MAR 0 5 1991 CITY OF Uti.ANI-I/ASSEN 1 \i la.YD r bofN CkAlte_i 6,q0 Cot-k( r rt 1 C_)\CUtkCtS SR- MA) S / 1 1 1 1 1 1 1 • 1 1 - J4a1411_0_,/”/ I , /1412.trLI, • . - ±2), tk/ 1 : 1 ) /Au - 1 . A • ____ IJA___cier__.‘244ii_d____044Atl, n - ' ct : ' AO Jt 14 __2123.11,1 E./bAlieb LI') eta° - 722 k_4;z2.4, ALIJ? • LL 41 _ AA 1 4 dA A oin NA - 1 111.1 41■ tkt e !Al bUll 710421 _ Ai 4 q4 It41z) L.,4,i,LitkIcl___LI1)4 11 . , 1 - 4 1 1 ' ' : _ 1 ,i42.,_Lt lly_is,o__ --rk __III,t.tt . oli.i. •/..DJ --)72a*, d .1r _62.4q _thAithy2in1.41±__ _____ 1 i 2 -LCZL,t4i.21 li .& _4(.2i-D_ ff) -JAL kuiLr __ __ 1 ____jiIlig,L. - 4' , . Lt-t_,_ 'Ae LJ tAt_p_ii4)._ - - 1 __ 1. _ 0 _4 .. GA 1 - 1 11AZI A ' • • I-ffln i ' ! lei • ____Izu.a ,__D , 0 - • ) AY 4 4.1.44_714.th- 1 _ _L__64_. - Jvia,21.4_i_,._ • i-LAILLT211&&___1111_ .__a,LAJDEdti..:).4_, 1 cL-p _a4id ___ca.ThILD_ si ) , .. il v ,,,, , 1 - _k_ ;4 , a • , — a_.:1_0 ' . 0 a11, l i b _ i _. ..±-_ • _, ,_.. • i t, aniLiAzi 1 4 1 Tha-J Ai _ d 1 1 i f thvit __ - - 1 • ' I ___21.3S .12Q tz _ 41. 1 gilq-- blt33 1 1 1 1 March 4, 1991 Don Chmiel Mayor - City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 • Dear Mayor: At the request of Dan and Aileen Kerling, I am writing to you conceming the matter of their deck. It seems that they were unfortunate enough to purchase a lot that according to the specifications set forth by the city of Chanhassen, would prohibit them from building any sort of deck on their house. As a member of the neighborhood I certainly have no objection to their building a deck and would think that it would only enhance the value of their property, thereby bring additional revenue to the city. If it raises no objections with members of the neighborhood, 1 would hope that you and the city council would find it appropriate to grant them a variance to allow the construction of their deck. Sincerely, I Mark Nicpon 341 Sinnen Circle Chanhassen, MN 55317 cc: Dan Kerling 1 1 1 wum n E RECEIV BAR 0 61991 rig . Lit +1/,� - bor\ C.11 rn ,'"e. 1 (A o Co GL 1 +-e r brNi v.e SQ.t. MW 1 ss311 I 1 March 5, 1991 Mr. Don Chmiel Mayor of Chanhassen 690 Coulter Drive 1 Chanhassen, MN 55317 Dear Mayor Chmiel: 1 The purpose of this letter is to express my support of a variance for an already constructed deck located at the rear of the Kerling's home at 310 Sinnen Circle. I understand that this issue will be discussed at the next City Council's meeting. The deck is visible from my home at 8193 Marsh Drive. In my opinion, the deck is attractive and makes the Kerling's yard and consequently the neighborhood seem more finished and less sterile. I understand that in this case, the City granted a permit for the construction of a walk -out home with patio doors on a lot that was not large enough to allow for the construction of an attached deck without a variance. The fact that this home would appear incomplete without a deck would certainly reduce its value. I suggest that the City review its policy of granting ' permits for new home construction in similar situations or be flexible in granting variances when the overall appearance of the home and neighborhood would be improved. 1 I further understand that prior to the construction of the deck, the Kerling's favorably discussed this issue with a former City employee. I realize that this is an area of disagreement ' between the Kerling's and the City, but I believe that the Kerling's have received unfair treatment from the City. Mayor Chiel, I ask that the variance be granted. As a resident of Chanhassen for two years, the granting of this variance will increase my confidence in the City's government and improve my feelings about being a Chanhassen resident. Thank you 1 for your consideration of this matter. 1 Respectfully, i/ % 1 1 1 • 1 • 1 1 1 1 • • rms.=4. ecaarroso"'"cot 1‘,1 ' • I.' RECEIVEn MAR 0 6 1991 CITY Ut . 71Art. .1)(rh. 690 C0-4.(ttzt, -hAte 1 1 1 1 1 1 eiv).„0 M. d 45' s- March 5, 1991 N� Mayor Don Chmiel 690 Coulter Drive Chanhassen, MN 55317 D Mayor Chmiel : AE neighbors of Dan and Aileen Kerling, we are writing to you to sktpport their application for a variance for their existing decP at 310 Sinnen Circle. I The view from our bac� yard includs the �erlig's bacF ' � yard, and it is our opinion that the deck is not only visually appealing, but is more appealing than if the wer not allowed to have a deck. It blends nicely with their house in both size and design. We believe they went about building their dec based on an approved permit (later rescinded) , and the advice of a fLirmer city employee. While we strongly believe in zoning regulations, and few exceptions to those, this case is unique. Due to the pleasing appearance of the deck and the chain of events leading to the construction of the deck, we do not see how there can be any other decision by the city than to allow the deck to stay as is. �� 0� - Sinc ly, �N N� � N� John and Laurie Noren 8160 Marsh Drive Chanhassen, MN 55317 �� ' '..,: :4- 1 N ...Nod %..) 1 i ForTaddresseso . 1 -..c t....) 1 p cj 1 , C...) 1. ....e o 2 en -. ; k. ,.....--- , \ - -. 1 •.) . „ ■ .2 ,_ •••• , 1 '...) . i l - - z 1 La cr) (i) 1 = . 2110 • .(-\ _ ....... cz, _ 1 ...... 1 ..i 1 v _ a 1 I • .. 1 .,- .:, 1 ....: --•-. .„. 0 ,. , 0 s .... , 1 1 .-, If 1 '!- II March 4, 1991 1 The Honorable Don Chmiel 690 Coulter Drive Chanhassen, MN 55317 Dear Mayor Chmiel: We have recently learned that the Chanhassen Zoning Commission have told our neighbors, Don and Eileen Kerling, of 310 Sinnen Circle, to tear down their deck I/ because it doesn't satisfy a zoning ordinance. We simply cannot understand the hardline position the City has put itself in in this matter. We understand the need for zoning laws, but we also understand that when dealing with people ' you cannot always go strictly "by the book ". Instead you need to look at indi- vidual cases and make adjustments when necessary. This is what caring, compas- sionate city officials would do. Any person who buys a house should have the right to enjoy being outside as well as inside that home. The Kerlings bought a house with French doors leading out of a family room. The doors are 3 feet off the ground. They knew a patio would be out of the question as the area is a drainage slope. They had every reason to assume that they could build a deck off their house. The idea that they should have found out the laws before they bought the house just doesn't wash. We know from recent experience, that when people going through the turmoil of transferring from another state toa large e metropolitan area and trying to figure out which area to live in, the last - thing on their minds is spending a day going over city zoning laws and ' past variances. Personally, we feel that a 30 -foot setback seems rather excessive. In Cedar Rapids, Iowa, where we moved from, the setback was only 20 feet. Even then, we had no problem getting a 12 foot variance to enlarge our garage. We didn't have to go through the hassles of hearings and notification of neighbors. All 1 We had to do was have someone from the Inspection Office come out and look things over. Then he immediately gave permission. We also had to get permission from the utilities. That also was not a problem. By comparison, it seems that Chanhassen is a bit too stringent. If the Kerlings back lot line butted up to another reason behind denial. But instead, their back yard house, we might see the yard butts up against other back yards. In fact, the way all the houses are situated, there is quite a large expanse of land (with no fences). A deck in no way creates any kind of a problem. It is common knowledge that a well - built, attractive deck will not only enhance the value of a home, but also the aesthetic appeal of a yard. If you or any of the members of the Zoning Committee would take just a few minutes of your time 11 (we're only about 3 minutes from City Hall), you would see for yourselves that this deck only enhances the view from Marsh Dr., where it can be easily seen. In fact, the wiew looks a lot better now than it did before the deck was built. We're sure that there is not one single person that lives in this area that would complain about this deck. Page 2 II We feel that the Kerlings were victims of bureaucratic double talk. Yes, the II Zoning Commission originally denied the variance, which we couldn't believe. But because of some circumstances, the official they had been dealing with II told them to go ahead and build it anyway. Then he would take care of any paperwork or problems that might arise. They had no reason not to believe him. Now this official is gone and they're facing the possibility of destroying something that they put a lot of money and hard work into. We really don't II think this is fair. So we are now appealing to your, and the Zoning Comission's, compassion to II allow a variance for this deck. We know that variances have been granted in the past. We see no reason why this one shouldn't be. We would hope that we middle class citizens (the ones who pay the most taxes because we don't II have all the deductions) can be treated just as equitably as the upper class and the corporations. After all, our votes count just as much as theirs. So again, in closing, we strongly urge the reconsideration of this variance. I Or, at the very least, that you take a look for yourselves before making any decisons. This is certainly one time when a variance would be in a neighborhood's, as well as a city's, best interests. We've often had the jaded view that it didn't make any difference to appeal to the government, because the people there would just do what they wanted anyway. We hope we were wrong. Thank you for any consideration you can give in this matter. Also, since we II do not know who is on the Zoning Committee, we would appreciate it if you would share this letter with the members of that committee. Thank you. -- I �Sincceryely.t , ' ___ ( Lti c,c .� / Mr. and Mrs. Richard E. Hamblin II 340 Sinnen ('ir '-la ; 4eFiz 3 .=-,I,2 _5,/niefi ,...,• ....- i , .1 71) I ' 4- 1 0 7;7 RECEIVED 1 mAR0 6 1991 D Ch ►'tit� r -2 � I a�p r o n C Il ti OF CHANHASSEN vi b (p u ' I + 4..r N t V 1 ' s€ - m. I- Ck0" _ cc-z 1-� 1 1 i ,....... ,--." •" 1 - - - - - -- - - .-- - ------- .. - .3/ --- ---- - -- - • --- — - - - -,-- - - , - - - - - 1111 SA-. XSA, __ __ __Qx. :__ I \-NC\■;. .."_ , ‘--\,. .N__ ____IS._\--_,,._ .\.0_ NzA( _ZI\ _3,, _ , C\NN C> C5 --S\ v ,, \ \'\CrA A>L .-\-- • ... - _7 ____\_•Cs....-- --\,-- • _.__4, _..._. .,_ _........___.......,.,,, ,,...___\\,......L Lc. 1 i , _•_,L_____,,c--,-,a,, +..& A\c_. &La. ,;,_.\.w.,-,_ . 1 • __..:,,,\wii._-,,-,.,___.c,kars . .c.41,,L _-k- ,:c._.Q. ic-bc-- \- do,-Cs,: , . - . . _ 1 _____ ,..\\. 1 _ . • r osva 1 . • Mr. & Mrs. David G. Ldtzkg 311 Sitmen Circk ushilk i Chanhassen, MN 5531 7 1 D RECE‘‘ 1 or\ 5 A99 ,,ic r ( 1 CA" ` " b0 v‘ C_.k TVI i t M a l ° r s• ( 0 1 . elkar 1 4- r , k br i j 1 VIZ._ k sex\ e .. 3 I - ) 5 1 . ,.. . . 1 --------- .., ITY OF BOA DATE: June 26, 1989 \1 Y cHANHAssEN C.C. DATE: II --....\--- . CASE NO: 89 -6 Variance Prepared by: Olsen /v STAFF REPORT PROPOSAL: Rear Yard Setback Variance for the Construction of Decks t _ Z Q V LOCATION: 310 Sinnen Circle and 8180 Marsh Drive (Lots 11 and 13, Block 4, Hidden Valley) Qw Cl. APPLICANT: Dan Kerling g Robert Klinger 310 Sinnen Circle 8180 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 i PRESENT ZONING: PUD -R, Planned Unit Development ACREAGE: , DENSITY: L. :n., r, -�.;c ADJACENT ZONING tackrre =4/ _ AND LAND USE: N- PUD -R; single family �j Rcjti A''d______ S- PUD -R; single family Dot ? -4/A4 __— II Dz:e .t "r.lire:.: Ccr I < E- PUD -R; single family 1/25 - 1 W- PUD -R; single family Cblel II W WATER AND SEWER: Available to site II PHYSICAL CHARAC.: Each lot has an existing single family residence. g Y II 2000 LAND USE PLAN: II ATMci-1 MENT - ► J 1 J 1 P $R BL . _ t_- .. , die i - - �l W . "'� - 3 101D V ;01 Tin . � , w = t � + ; � •t 01 f tP , . L. L. • • co m iD {�2ot�05� 1 ... �.� • t : —8100 RN ii �� .� — 8 200 �� 1. ill E RSF • - " INNEN 8300 ;` CIRCLE -/ �, I KE SUSAN `' :l I 4 _ter // iir VD NE 1 _- _ e6 TM ST 1 PCOCZ II • 8600 1 m 8700 RSF . R12 8800 * POND e , - �� o — 8900 1 r(i 181 . 1 rJll / • A T)) 111111 C., 41111111* — air . 9000 RD t 9100 A2 ' = PUD 1l w i' 9200 • /f �+ i►/ii , ' LAKE � ' -, l �``% / 9300 W ir ‘, //- S R /LEY 1 mi. - - (� , : z - 9400 Kerling /Klinger Variance June 26, 1989 Page 2 APPLICABLE REGULATIONS 1 The Zoning Ordinance requires a 30 foot rear yard setback and allows a deck to be located 5 feet within the rear yard setback allowing a 25 foot setback for a deck. The Zoning Ordinance allows an accessory structure to be located 5 feet from the rear lot line. ' ANALYSIS Mr. Klinger applied for a building permit for the construction of a deck. When staff reviewed the site plan, staff found that the deck would have to receive a variance in order for it to be constructed. 1 Mr. Kerling has a similar lot configuration which would not permit him to construct a deck without also receiving a variance. The lots back up to one another. The applicants applied jointly for the variance to allow the Board of Adjustments and the City Council to review the existing situation in the Hidden Valley PUD which due to the size of the lots and the location of the homes, additional decks or porches will not be permitted without variances. Staff has explained to the applicant that when the Hidden Valley 1 PUD proposal was being reviewed by the Planning Commission and City Council, one of the concerns was the small size of the lots would require variances for decks and porches. The applicants situation is that the developer constructed the homes with patio doors leaving the applicant to believe that decks and porches would be permitted. As can be seen on the site plans, the homes are already meeting Y g all of the required setbacks, 30 foot front and rear, and the side yard setbacks. There is no room in the rear yard for any size deck or porch to be permitted without a variance. Mr. Klinger is requesting a 19 foot variance to the rear yard set- back. Mr. Kerling is requesting a 16 foot variance to the rear yard setback. If the variance is not permitted Mr. Klinger is proposing to construct the deck as an accessory structure so that under the ordinance, it would permitted five feet from the rear lot line. In order to have it be considered as an accessory structure, Mr. Klinger will construct the deck (at ground level) 6 feet away from the house and then would construct the rest of the deck above ground level. By constructing the deck at ground level, the building code does not consider it as an attached structure and would define the proposal as an accessory struc- ture. 1 The Board of Adjustments and Appeals shall not recommend and the Council shall not grant, a variance unless they find the following facts: 1 II Kerling /Klinger Variance 11 June 26, 1989 Page 3 • ' A. That the literal enforcement of the Ordinance would cause undue hardship and practical difficulty. * The literal enforcement of the chapter would not allow the applicants to have a deck or porch but does not prohibit them from having use of the property. B. That the hardship is caused by special conditions and cir- cumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands of structures in the same district. * The hardship is caused by the size of the property and the ' size of the home that is located on the lot. The hardship is not caused by special conditions pecularily to the land and structure. 1 C. That the granting of the variance is necessary for the preser- vation and enjoyment of substantial property rights. * The granting of the variance is not necessary for the preser- vation and enjoyment of substantial property rights. ' D. That the special conditions and circumstances are not a con- sequence of a self- created hardship. 1 * The special conditions and circumstances were self created by the size of the 'lot and the existing home located on the site. E. That the variance will not be injurious to or adversely affect l the health, safety or welfare of the residents of the City of the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. 1 * The granting of the variance will not be in keeping with the spirit and intent of the ordinance. ' Staff understands that the applicants were under the impression that they could constuct a deck or porch and that the limitations of the lots prevent any additions without a variance, but in reviewing the five standards for the approval of a variance, the applicants do not have hardship and staff cannot recommend approval of the variance. 1 ATTACHMENTS • 1. Application. 2. Site plans of lots. i ' 1 LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN II 690 Coulter Drive Chanhassen, MN 55317 (612) 937 -1900 APPLICANT: D - k..IAN 'c&4 k)1 . OWNER: SO/Pte. • ADDRESS 3/0 Si ,_ ' S 0 MA25 ADDRESS SO. 1 6 40 s5 r vn # C ; 14 i. - a ssV7 3N7 Zip Code Zip Code II TELEPHONE (Daytime) OA-v '1q&-2Z3 TELEPHONE 7,Z -,.11 9 1 REQUEST: gcle2 939-zisy /Qotie,2f 91(9 -02oz_ II Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan I Preliminary Plan )( Zoning Variance Final Plan Zoning Text Amendment Subdivision ' Land Use Plan Amendment Platting Metes and Bounds II Conditional Use Permit Street /Easement Vacation Site Plan Review ' Wetlands Permit PROJECT NAME PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION 1 PRESENT ZONING REQUESTED ZONING II USES PROPOSED II SIZE OF PROPERTY LOCATION 31$0 S A .L CIa J ?-i ?sO l41 S 1-) p2 i v� II REASONS FOR THIS REQUEST V,r,4d is ,e /. c ley 7 4L('w eaftr/ °�L ,.J Q DECK. P///JeNi J ?affi/i• I !', •. e. sefAees Gdc< No ,41.6 .0,A( u p9lfce 4C( 1 LEGAL DESCRIPTION (Attach legal if necessary) 1 4r 43 « Movfdat . f3 ¢ 1111 T 1 • 1 City of Chanhassen Land Development Application Page 2 1 FILING INSTRUCTIONS: 1 This application must be completed in full and be typew or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before I filing this application, you should confer with the City Planner to determine the specific and procedural requirements applicable to your application. FILING CERTIFICATION: I The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances. 1 Signed By a.- _/ _ _ ' _ ' Date 6 �g Ap licant �' � �4 7� 9 II � • The undersigned hereby certifies that the applicant has been 1 authorized to -make this application for the property herein described. II Signed B � - � 9 y_ _... Z � Si Date ! 4 --- Fee Owner / ' Date Application Received 6 - 1 Application Fee Paid $ 75.QQ City Receipt No. o?7933 II . * This Application pp ation will be considered'by the P1 nning-Commission/ Board of Adjustments and Appeals at their _ �� 1 meeting. 1 • II . t i i.4 1544 I<LI t 6E R. 8180 MARSH DRtvE 1 k1 N USWOOD — hl w 4LK our q 4 7,1 lq 4 0 .1‘.i. I *P � „6 /'' * V ‘v to ( - ,s 00 p}T., e30 ‘ . t i t 0 a ti� \ s O c .../ .T 13 \ . ' 1 5 / %0 r;' 4 ' ' \ - ` ` `1%,....../ y / � 0 3S ` ' ,` ` \ \4 0 %, ft4 t 'fi \ . G .', ° � s } /b 23 9 \ _ 1 8 8 82 \ k s / � 7• iQ �g� �oo 1 `a,,"n Nye O Denotes Iron Monument • 1 o Denotes Wood Stake X000.0 Denotes Existing Elevation - Proposed Top of Foundation Elevation= 944. (000.0) Denotes Proposed Elevation Proposed Garage Floor Elevation= 944.4 - 4 Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation= 941.6 1 1 . 1 hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 11, Block 4, HIDDEN VALLEY, Carver County, Minnesota 1 And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. It also shows the location of the stakes as set for a proposed building. As surveyed 1 by me or under my direct supervision this 23rd day of MaY 19 88 .___ Paul A. Johnson ' Land Surveyor, Minn. Reg. No. 10938 McCombs Frank Roos Associates, Inc. CERTIFICATE O F SURVEY 1 / » 40' I ' 1 5050 23rd N 5 4 Enpin��n ' Plymouth, MN 5 5447 E THE ROTTLUND CO. ,qt "0. 8331 919 t C. ' ----\ G1 r-7--1-G- 4, t ...�t 1 ‘t?_ �1 - t-tC W � 0 , • , 4.. Ft . ■.. ; 4.: . ,,,,, ' = �' 3 .9e a . r �f e p .� rrtePC.c ' ED ?}5etc I s Z q% ^ .11 P . �' \ N I4 / x l 8'634004 i3 .At,,c ac � 'usa: ) 1 1111-1 ( - '.#* . i� 1 , I S - • : • A 7 ' .,� 11 6 q4S 9 : .t� ` ; *-C�� ABU = .t_.. (lie .° 1 Q .-''o 00 • ` - SL. cstr cry. :r-f•i? v.T'- g4 s-1 \ •� c0 --J -L. C-tt= r� - tIl r t�:r To 1 �. ' \ ' , z to TOP t:,t= ; or. r, - - , i 1_ �. --. . t■7i 4,=2v•45 q40'2' NiN C /R c L e 1 • r / 1 .. O Denotes Iron Monument Denotes Wood Slake - X000.0 Denotes Existing Elevation (000.0) Denotes Proposed Elevation Proposed Top of Foundation Elevations 1 r :.? Proposed Garage Floor Elevation■ CI 43. • I -•.- -- Denotes Direction of Surface Drainage Proposed Lowest Floor Elevations COO .Cv 1 I hereby Certify that this is a true and correct representation of a survey of the boundaries of: 1 . ..: -"�.:: L. t _ --- ....._.. &L. --.4 .....r... .► 1-=t' VA,c.A..G'l I And of the location of all buildings. If any, thereon, and all visible encroachments. if any, from or on said Land. it atso shows the location of the stakes as set for a proposed building. As surveyed by me or under my direct supervision this day of .._�_.. ,19 � , 1 _ ____ • • _..,.- N Land Surveyor. Minn. Reg. No. X 7' ! '8¢0' CERTIFICATE OF SURVEY I hl.i?•.-410 "" ►.o� for MCCOMBS- KNUTSON ASSOCIATES, INC. .''�� es zu vtli U :r>al /!1 r :SKI lulrl +ill • $ .' l ►,•i!1!t ri,,rwo. . ' �MM l AIpU/ w MV 1 ; City Council Meeting - Jur. .6, 1989 II G - oppose. Now I have to prove I have to have a problem and that's what you guys are doing. Councilman Johnson: There's been a lot of changes since that time, especially where we publish the information and stuff. It used to be published in a newspaper that you could only get a Kenny's. Things like that. Now we at least publish our agendas in a newspaper that goes to every home in the city so people are a little better informed of what's going on. But 4 years ago when this got approved, if you went to Kenny's and if you picked up the newspaper, you would be able to read the public notices. at I'm saying is there's been changes. Unfortunately it did happen 4 years ago before any of us were on the Council and probably got approved without the Council even being involved at all. Al Krueger: So there was no wise decisions here to in with. ' beg Neither on the location or the problem and good old Krueger family's are the ones that are suffering. We're the ones that woken up at night, okay? We're the ones that hear it in the morning, okay and you guys are blessing me with that, okay? Councilman Johnson: You have your other alternatives. Al Krueger: I know. I know. They all cost me money and I've got a $250.00 bill to have,a phone conversation so far, okay? I got a problem and you guys have given me my problem and now I'll live with it until next licensing lint okay, give me something then too. On the removal of those kennels so that house when it is sold, because I know he's going to sell it. Councilman Johnson: I don't think it's legal to do that. We've got to live 1! within a structure of law that... Al_Krueger: Then don't approve it. I've got a problem. Come camp out. You'll ' be woken up when stuff goes by. Did we determine what procedure was going to be followed? Is that what that gentleman said? Councilman Johnson: The administrative procedure is that everybody within 500 feet and the Council has asked to where we're going to actually make a change to the ordinance to that effect. Al Krueger: That will be in effect for next year? Mayor Chmiel: Right. ' G O VARIANCE TO THE REAR YARD SETBACK, DANIEL KERLING AND ROBERT KLINGER, 310 SINNEN ' CIRCLE AND 8180 MARSH DRIVE. Willard Johnson: We denied the variance for the rear yard setback for Daniel , Kerling and Robert Klinger because we couldn't find no hardship. Mr. Boyt made a statement on same piece of property that, I don't know if it was before you people here. Could you work it into that with the'contractor so he don't squeeze a house in a lot and I guess that's what happened. The City got stuck I!! with the same situation. Put up a wall to wall house and this gentleman feel that the contractor puts in the sliding doors in the back and the gentleman thinks well I can throw a deck out and we'll probably get stuck with it. I feel for the applicant but we cannot find a hardship in this situation. 32 11 City Council Meeting - le 26, 1989 1 Mayor Qmiel: Mr. Klinger also has other problems. .Not only being able to put a deck but he also seems to acquire all of the water within that particular area ' and there should be a swale in there that I suggested he contact those people so that has proper drainage. I walked out on that back yard and I sunk up to my ankles in mud and water. There's water standing all over in that back yard. ' Willard Johnson_: I have to admit I didn't get to the property, I'll be honest becauser I didn't get the paperwork until tonight. Co you want me to talk about all 3 of them? '. Mayor Chmiel: Yes. Well, let's take them one at a time. • Roger Knutson: No one's appealled? Councilman Boyt: On one's appealled, ppealled, is that right? Then we don't even vote on it if they don't appeal. Mayor Chmiel: Then we can move onto it 9. i '5 VARIANCE TO THE FRONT YARD SETBACK, TOM MICHELSON, 600 FOX HILL DRIVE. I Willard Johnson: Similar situation you had here a couple weeks ago. Variance to a front yard setback. We could not find any hardship in that situation. I feel for the applicant again, to be honest about it but I don't believe giving a variance to the front yard setback and the Board all agreed that we could not 11111._ find a hardship in that situation. Councilman Workman: Maybe if I could make a comment. We had a variance request ' for something almost identical to this a couple of weeks ago. I know they - applied on the 5th. Wouldn't staff be able to say, you know it doesn't look good? I don't know, I guess everyone wants their day in court but I feel more sorry for, I don't feel sorry for Willard caning in early or anything but these folks cane in and they just kind of get told something that I think I kind of had a good idea on already. They didn't have a snowball's chance. Don Ashworth: It would appear as though the application though was 5/5. Councilman Workman: It was 6/5 I think. Don Ashworth: Is when it was paid for. The back side shows 5/5. Councilman Workman: I guess there's nothing we can do. Councilman Boyt: Tom, I think there is something we can do and I think if the City Council is consistent in turning these down, then staff will be able to say this is what the City Council has done in the past. People may save themselves money. I can say that over the last couple years with the old Council, there. was, if anything, a lack of consistency so staff never knew if they were going to be supportive or not. That didn't allow then to give a strong position to an applicant. So I agree with you. I hope we can be consistent enough so that staff can that this hasn't passed in the past and probably won't in the future. 33 1 RESIDENTIAL DWELLING II CITY OF CHANHASSEN BUILDING PERMIT APPLICATION 2 O 5 • GENERAL INFORMATION ' D II ate: -...) /5.47 / Single Family: ✓ Multiple Dwelling: No. or Units: Site Address: ; SI gC) G K S l ()K I U 'r Owner: (�pi) -1 4 �()S(Q141 /c. i; NJ eiZ. 1 Address: /4Qr S Y. ) -- 1e/9 0.7. -L-)? r'— 2 7 5 - Yc,._)) Contractor: )11!7 - % -s 5 -.e_/ .- II Address: Phone: (X Lot No: 1) Block No: Subdivision: /4rdd UL4 C/r 54 C0A-7-' 1 Parcel Identification No: Section No: Ni. Si: Zoning District: Estimated Completion Date: ,J ✓Ne- 3o i i (c? II NEW DWELLING Valuation of Home Excluding Land: Square riot r _.---- - - II _---- 1st Floor: `---.._ 2nd Floor: 3rd Flo --- 4th Floor: Total: Heating System: Oil: r, ectric: Forced Air: Hot Water: 11 Air Conditioning: Yes N ----- --- No. of } Baths: . of 3/4 Baths: No. o ull Baths: No. of Bedrooms: II No. of Fireplaces. Type - Masonry: Metal: they: - Basement Fied: _ Explain: Unfinished: II Garage: Attached Detached Tuck-under Dimensions Is a variance required: Yes No If so, has variance been approved: Yes No ****** * * ** * * * ** ** * ** * * * * * * * * * * * * * * * *' II MISCELLANEOUS IMPROVEMENTS, ETC:' /I _ Value of Improvement: ._r:%I .41200 �♦ • M A Y 1. 1989 New: V Alter: Repair: Addi E bRF HAs REA II Explain: A P C Dimensions: (�0 AC- /) f(yx /Z )1 ) Square Feet: 3 3 cS' ;; i ii THIS IS AN APPLICATION FOR A BUILDING PERMIT AND NOT TO BE MISUNDERST00D AS THE ACTUAL BUILDING PERMIT. \ ; THE UNDERSIGNED HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF CHANHASSEN II v) AND THE RULINGStOF THE BUILDING DE ARTMENT 1. Signature: /� 'e� .1... ��;, : 1 d' 44,lj% /)IV f' Telephone No.:(Work) C ?q Z?' L( // (Home) qv -OG o L 1 APPROVALS: r� / FEES: $ s- e)a 1 � � ��-�!, � � _ Permit Fee � v �f` /��-=� +G��peipi:fnai • 1 Plan Check Fee :uilding if is r State Fee / -T SAC Sewer Surcharge II Fire Marshal Park Dedication Fee c� ��,. Trail Dedication Fee �Jt� Water Unit City Planner P anning Case No. \\ Sewer Unit Interest , , /Assessment Clerk Water Meter TOTAL $ 1 Park and Recreation \\/ 1 . . CITYOF . •,.• r , _ . .4... ... r .....!, CIIANIIAssrx ...... r ..:;,......, 1,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 \_ (612) 937 -1900 • FAX (612) 937 -5739 1 1 February 15, 1990 Robert winger 1 8180 Marsh Drive Chanhassen, MN 55317 r RE: Permit #3189 Dear Robert Klinger, II A permit was issued on 6 -2 -89 for a Deck . However we have not been notifi to conduct a final inspection. II t: The permit fee pays for plan rev -iew and inspections, which•are necessary to insure that the constiuction complies to the Building - Code. - r • This is for your safety! = A final inspection must be successful' II y completed before using - the structure. ` Please call Lori or Caro''in the Chanh Public Safety Depart- "! went, 937 -1900, withi 44 days to schedule an inspection. Thank k , you. 4 r Sincerely, �:. - =Y . 1 Scott Harr Assistant Public Sat'ef'T Director �rZ�O Aef 1 SH:cd �` r ‘.-0© 1 co ,..",.... W.t.(5-1-2sk r 111 CZ March 2, 1990 Scott Harr Assistant Public Safety Director 690 Coulter Drive P.O. Box-147 Chanhassen, MN 55317 1 RE: Permit #3189 1 Dear Scott, 1 In reference to the above permit and your Feb. 15 letter, due to financial and other timing factors please regard this permit of 1989 as abandoned. I will reapply for , pp y permit accordingly when appropriate and conditions allow me to do so. 1 Sincerely, / Robert Klinger 8180 Marsh Drive 1 Chanhassen, MN 55317 1 1 1 1 1 ., CITYOF 1 ..: , ':-., , , CIIANHAssrx 1 ::Y ......_. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • '' \, ` (612) 937 -1900 • FAX (612) 937 -5739 1 February 15, 1990 I Daniel Kerling 310 Sirmen Circle Chanhassen, MN 55317 1 RE: Permit #3202 Dear Daniel Kerling, 1 A permit was issued on 6 - 7 - 89 for a Deck However, we have not been notifieb to conduct a final inspection. 1 '� The permit fee pays for plan reve and inspections, which are necessary to insure that the coIstr: ction complies to the Building II Code. This is for your safety! L. I A final inspection must be successful completed before using the structure. - 'tik .f 1 Please call Lori or Caro the Chanhasen Public Safety Depart- ment, 937 -1900, within '4 days to sched a an inspection. Thank you. 1 Sincerely, f, yam( qt ARK - :�? S cott Harr :. 7 Assistant Public S ate:typDirector II S H : cd -i*A4,;a4,. Imrmmon921 1 1 1 ' I/ CITY OF CHANHASSEN RESIDENTIAL DWCLLING GENERAL INFORMATION BUILDING PERMIT APPLICATION II Date: — i 5 / ! Single Family: X Multiple Dwelling: No. or Units: Site Address: j (0 S1AJ ----- Owner:T4N rLL F• 1't N/) 16A..„1 M 6.#'.2„I„16 Address: 3 j (G ^� � , d � N �, , j Gi& 1 Contractor: - ��/��IC... Address: 5/414A Phone :up1 1 Lot No: 13 Block No: 4 Subdivision: 4()•De, I(At-C6 Parcel Identification No: Section No: /2), N } ; Zoning District: Completion Date: � II Estimated Compl - I S- �' - "--- NEW DWELLING II Valuation of Home Excluding Land: Square Footage: 1st F;,or: ?nd Floor: 3rd Floor:_ 4th Floor: _ - 1 Total: Heating System: Oil: Gas: Electric: Forced Air: _ + .— Ho Water: Air Conditioning: Yes No 1 No. of } Baths:_ No. of 3/4 Baths: _ No. of Full Baths: No. of Redrocma: No. of Fireplaces:_ Type - Masonry: Metal: Other: — I/ Basement Finished: Explain: Unfinished: Garage: A'• tar'7ed__ Detached Tuck -under Dimensions Is a variarv'f. required: Yes No If so, has variance been approved: Yes No II *** +*[4-.. 4-44,4-4... * ** µN6***** R* r********4******** r4*** * * * * * * * * * * * * *4 * ** * *4 * * *aiF***** * ***** * * * * *rr:— MISCELLANEOUS IMPROVEMENT ETC, ,� Value of Improvement: WOO New: � � K Alter: 1 Repair: Addition: Explain: II Dimensions: 14 )( z F � " Square Feet: 0S , . 4 THIS IS AN APPLICATION FOR A BUILDING PERMIT AND NOT TO BE MISUNDERSTOOD AS THE ACTUAL BUILDING PERMIT. 1 THE UNDERSIGNED HERESY AGREES TO 00 ALL WORK IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF CHANHASSEN AND THE RU ,•.S OF THE BUILDL NEPARTMENT. ��, Signature: I' 30 S ;stifeeri Address • ./ ,ec-� II Telephone No.: (Work) / 7 7( 7‹ - 46,, (Home) 94(9-_,:41 �- — APPR. 1 ' FEES: Permit Fe $ C/S i T• j . , F-c i a - - - -- `Plan Check Fee State Fee -- %. 0 -- - -- 1 �..- • SAC — P�arshal Sewer Surcharge -" Park Dedication Fer Trail Dedication Fee -- 1 City Planner -"' -- _ -Water Unit Fla: .ny Case No. t (� Sewer Unit '� JUN 5 1 9.M . t e e rMeter , . _ Assessment Clerk - -- — — II CITY OF CHANHASSEN TOTAL $ y . OD Park and Iterreat ron - - - -- 1 CITYOF CHANHASSEN , • �� 690 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 June 12, 1989 V ON-1� Mr. Daniel Kerling 310 Sinnen Circle Chanhassen, MN 55317 Dear Mr. Kerling: The purpose of this letter is to inform you that the permit ( #3202) for your deck was issued in error. A variance is ' required to construct the deck as shown in your plans. Please stop all construction until a variance is obtained. The applica- tion is being processed. I apologize on behalf of the City for the error in issuing the permit. Please call if you have any questions. Sincerely, 1 Steve A. Kirchman Building Inspector ' SAK :ks C: File Jo Ann Olsen, Assistant City Planner 1 1 1 1 1 City Council Meeting - Jur. 5, 1989 oppose. Now I have to prove I have to have a problem and that's what you guys are doing. Councilman Johnson: There's been a lot of changes since that time, especially where we publish the information and stuff. It used to be published in a newspaper that you could only get a Kenny's. Things like that. Now we at least publish our agendas in a newspaper that goes to every home in the city so people are a little better informed of what's going on. But 4 years ago when this got approved, if you went to Kenny's and if you icked up the news P P newspaper, you would ' be able to read the public notices. What I'm saying is there's been changes. Unfortunately it did happen 4 years ago before any of us were on the Council and probably got approved without the Council even being involved at all. Al Krueger: So there was no wise decisions here to begin with. Neither on the location or the problem and good old Krueger family's are the ones that are suffering. We're the ones that woken up at night, okay? We're the ones that hear it in the morning, okay and you guys are blessing me with that, okay? Councilman Johnson: You have your other alternAtives. Al Krueger: I know. I know. They all cost me money and I've got a $250.00 bill to have a phone conversation so far, okay? I got a problem and you guys have given me my problem and now I'll live with. it until next licensing but , okay, give me something then too. On the removal of those kennels so that house when it is sold, because I know he's going to sell it. Councilman Johnson: I don't think it's legal to do that. We've got to live within a structure of law that... Al Krueger: Then don't approve it. I've got a problem. Come camp out. You'll ' be woken up when stuff goes by. Did we determine what procedure was going to be followed? Is that what that gentleman said? Councilman Johnson: The administrative procedure is that everybody within 500 feet and the Council has asked to where we're going to actually make a change to the ordinance to that effect. Al Krueger: That will be in effect for next year? Mayor Chmiel: Right. ' r , 1 VARIANCE TO THE REAR YARD SETBACK, DANIEL KERLING AND ROBERT KLINGER, 310 SINNEN .tN CIRCLE AND 8180 MARSH DRIVE. Willard Johnson: We denied the variance for the rear yard setback for Daniel Kerling and Robert Klinger because we couldn't find no hardship. Mr. Boyt made a statement on same piece of property that, I don't know if it was before you people here. Could you work it into that with the contractor so he don't squeeze a house in a lot and I guess that's what happened. The City got stuck 1 with the same situation. Put up a wall to wall house and this gentleman feel that the contractor puts in the sliding doors in the back and the gentleman thinks well I can throw a deck out and we'll probably get stuck with it. I feel for the applicant but we cannot find a hardship in this situation. 32 1 City Council Meeting - - ne 26, 1989 1 Mayor Chmiel: Mr. Klinger also has other. problems. - Not only being able to put a deck but he also seems to acquire all of the water within that particular area and there should be a swale in there that I suggested he contact those people so that has proper drainage. I walked out on that back yard and I sunk up to my ankles in mud and water. There's water standing all over in that back yard. Willard Johnson: I have to admit I didn't get to the property, I'll be honest becauser I didn't get the paperwork until tonight. Do you want me to talk about all 3 of them? Mayor Chmiel: Yes. Well, let's take them one at a time. Roger Knutson: No one's appealled? Councilman Boyt: On one's appealled, is that right? Then we don't even vote on it if they don't appeal. Mayor Chmiel: Then we can move onto item 9. VARIANCE TO THE FRONT YARD SETBACK, TOM MICE ON r H LS , 600 FOX HILL DRIVE. • II ; 1 � Willard Johnson: Similar situation you had here a couple weeks ago. Variance to a front yard setback. We could not find any hardship in that situation. I feel for the applicant again, to be honest about it but I don't believe giving a variance to the front yard setback and the Board all agreed that we could not ' find a hardship in that situation. ' Councilman Workman: Maybe if I could make a comment. We had a variance request for something almost identical to this a couple of weeks ago. I know they applied on the 5th. Wouldn't staff be able to say, you know it doesn't look good? I don't know, I guess everyone wants their day in court but I feel more sorry for, I don't feel sorry for Willard coming in early or anything but these folks come in and they just kind of get told something that I think I kind of had a good idea on already. They didn't have a snowball's chance. Don Ashworth: It would appear as though the application though was 5/5. Councilman Workman: It was 6/5 I think. Don Ashworth: Is when it was paid for. The back side shows 5/5. 11 Councilman Workman: I guess there's nothing we can do. Councilman Boyt: Tom, I think there is something we can do and I think if the City Council is consistent in turning these down, then staff will be able to say this is what the City Council has done in the past. People may save themselves money. I can say that over the last couple years with the old Council, there was, if anything, a lack of consistency so staff never knew if they were going to be supportive or not. That didn't allow them to give a strong position to an applicant. So I agree with you. I hope we can be consistent enough so that staff can say that this hasn't passed in the past and probably won't in the future. 33 CITYOF 6 90 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317 1110 (612) 937 -1900 • FAX (612) 937 -5739 1 1 MEMORANDUM TO: Jo Ann Olsen, Senior Planner 1 FROM: Steve Nelson, Building Inspector �� g p or DATE: March 7, 1990 SUBJ: 310 Sinnen Circle 8180 Marsh Drive We have been sending notices to people whose permits have had no final inspection. Since that time we received responses from the residents of the above addresses. The resident of 310 Sinnen Circle sent a letter stating he ran out of money, did not plan on resuming construc- tion and to consider his permit null. The resident of 8180 Marsh Drive called claiming he did no work on his permit. 1 Upon inspection of both sites, decks have been constructed. As discussed with you, variances were applied for and denied. At 1 this point, 1 will turn this matter over to you for appropriate action. If you need further assistance, let me know. 1 1 1 1 1 1 , - III 1 - 1 i Affidavit of Publication Southwest Suburban Publishing Inc. 1 . State of Minnesota ) 1 )SS. NOTICE OF PUBLIC HEARING County of Carver ) PROPOSED VARIANCE I CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that Stan Rolfsr l, being duly sworn, on oath says that he is the publisher of the newspaper known as the Carver the Chanhassen Board of Adjustments County Ilerald and has full knowledge of the facts herein staled as follows: and Appeals will hold a Public Hearing (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as I on Monday, June 26, 1989, at 6:30 p.m. provirlerl by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as amended. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The pur- (Ii) 71he primed public notice that is attached to thisAllidnvil and identified as No. / 77 was published pose of this hearing is to consider the on the dale or dales and in the newspaperstated in the attached Notice and said Notice is hereby incorporated I application of Daniel Kerling and Robert as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. I'rinled below is Klinger to receive a rear yard variance to a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind allow the construction of a deck located and site of type used In the composition and publication of the Notice: on Lot 13 and Lot 11, Block 4, Hidden Valley, 310 Sinnen Circle, and 8180 abcdefghijklmnopgrstuvwxyz 1 Marsh Drive. 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 By: I attend this public hearing and express .t ., G eral Manager their opinions with respect to this pro- Subscribed and sworn before me on Stan posal. . Jo Ann Olsen, Asst. City Planner Phone: 937 -1900 f{ (Published in the Chanhassen Villager this clay of , /13 , 1989 Thursday, June 15, 1989; No. 177) tAuRIcA.HAF'IAF..r. M INNESO' R z 1 (---k " �? � NOTARYPUBUG SCOTT COUNTY V A, 1 : ` -' ^'i V cOUM ISSoN EXPIRES E. 24: Laurie A. Hartmann, Notary Public 1 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space $7.13 per column inch 1 Maximum rate allowed by law for the above matter $7.13 per column inch Rate actually charged for the above matter $5.30 per column inch 1 1 1 11 BOARD OF ADJUSTMENTS AND APPEALS MINUTES JUNE 26, 1989 1 MEMBERS PRESENT: Willard Johnson, Carol Watson and Ursula Dimler STAFF PRESENT: Jo Ann Olsen, Senior Planner REAR YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF DECKS, LOCATED AT 310 SINNEN CIRCLE AND 8180 MARSH DRIVE, DAN KERLING AND ROBERT KLINGER Olsen presented the report. - II Mr. Kerling stated that slopes were causing a hardship and the hardship was not being permitted a deck and stated that the 1 impact of the resale of the lot was a hardship. The location of the patio doors results in a 30 inch drop which needed a deck for safety. He also stated that he was given a building permit which was then said to be void by staff because it should not have been signed. The property has special characteristics and that only three lots in the PUD require a variance. He stated that there is no room to meet the setbacks for a deck and that'the slope of the back yard is not suitable and needs a deck to be able to be used. He stated that they did not create the hardship and that it is not injurious to neighbors and he feels that they have met the five conditions of a variance. Mr. Klinger stated that they had a similar hardship as the Kerlings. He stated that there is water drainage near the lot which created a moist area and they needed a deck for the use of* their back yard. He stated that the drainage is peculiar to the land and special to his property. He stated that they needed the deck for preservation of the back yard use and that it was not a self created hardship, they did not create the lots and that it is not injurious to the neighborhood. Dimler asked when they bought the lot did they know the square footage requirement. The applicants stated no that they preferred the lots being on the cul -de -sac. Dimler asked if they knew the lots were a PUD with smaller lots. The applicants stated no. 1 Dimler stated that a hardship is not financial and that the city was not responsible for the misleading information they may have gotten. She also questioned if the applicants knew the size of the lots and that they would need a variance. • The applicants stated that they did not. Watson stated that she has a bone to pick with lots these size, that nothing fits and it is hard to deal with because lots too ATTA414ME0T .t 2.- • BOA Minutes June 26, 1989 Page 2 small to begin with are always in need of variances. She stated that she did not agree with building the deck without attaching it to the house. ' Dimler asked how far the decks would be from one another. The applicants stated approximately 20 feet and that it would not ' obstruct vision between decks. Watson stated that a 20 foot wide deck is larger than normal, that usually decks are 12 -14 feet wide and she did not feel that 1 they needed that large of a deck. Johnson stated that a 20 foot wide deck is a large deck and that he had a problem with the decks on small lots. Mr. Kerling stated that they are seeking a fair and equitable solution. Dimler moved, seconded by Watson to close the public hearing. All voted in favor and the motion carried. Dimler moved, seconded by Watson, to deny the request stating that a hardship did not exist and that the city could not remedy a buyer beware situation. All voted in favor and the motion carried. A 12 FOOT FRONT YARD VARIANCE TO THE REQUIRED 30 FOOT SETBACK FOR 1 THE CONSTRUCTION OF A DECK, 600 FOX HILL DRIVE, TOM MICHELSON. Olsen presented the staff report. Mr. Michelson stated that the way the house was situated created a need for the deck in the front off of the dining room and kitchen. Watson stated that the Board of Adjustments saw a similar request with the Colby variance that a definition of a front yard is dif- ferent from what the owners think the front yard actually is. She stated that this was a similar situation but that it really was not a hardship. Mr. Michelson stated that the deck would be off of the living room if he put it where staff is saying it could fit. Dimler stated that she wished that they could approve the variance but they had to deny it for the lack of hardship. ' Johnson stated that he did not agree with variances that go closer to the street. Watson moved, seconded by Johnson to close the public hearing. All voted in favor and the motion carried. 1 . . 1 ,.. CITYOF 1 111 ► 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II s 4 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM 1 TO: JoAnn Olsen, Senior Planner FROM: Steve Nelson, Building Inspector II DATE: May 2, 1990 1 SUBJ: 8180 Marsh Drive 310 Sinnen Circle 1 The following is a background to the construction of decks at 8180 Marsh Drive and 310 Sinnen Circle: 1 310 Sinnen Circle On June 7, 1989, building permit #3202 was issued in error for deck construction. On June 12, 1989, a footing inspection was II made by Steve A. Kirchman. A letter was sent on June 12 asking Mr. Kerling to apply for the required permit. The variance was not approved. A follow up letter dated February 15, 1990, 1 asked for final inspections on incomplete inspections. Mr. Kerling called stating he did not build a deck. K4� 3, 1990, Steve Nelson made a site inspection of the property. The II deck had been constructed without the required variance. 8180 Marsh Drive II On June 2, 1989, permit #3189 was issued for an unattached deck (accessory structure). A variance was applied for an attached deck and was denied. February 15, 1990, a letter was sent to Robert Klinger requesting he schedule a final inspection. On II March 2, 1990, we received a letter from Mr. Klinger to regard the permit abandoned due to financial factors. On March 3, 1990, Steve Nelson verified that an attached deck had been II constructed on the site. Attached you will find copies of inspection cards and other per- tinent correspondence. Please contact me if you need further II information. Attachments 1 1 II A 4:*-', - - - - - :,,= :4- -- ti; . .... , t.; - �z . •.- - - r c • c • - INSPECTION REPORT 5 —‚- CITY OF CHANHASSEN, MINNESOTA / 93 . 1910 ` �d DATE 40;1-ME ? INSPECTION FOR — /,,� :�� TIME & DATE INSPECTION • SIRE: /� ADDRESS /, _. —K� / — „1 MIT NO. ✓ �� / CONTRACTOR 1 _ � TAKEN BY. ' / _.,-.4_-., WATER METER NO REMOTE NO. • LOCATION :f CORRECTIONS ',.b i I 3 ' 1 2 4 i ev y 4 2 )l fp C c k Y , p� e.. ,_ \ear' (4 ) ! 2 AI r.e0 1 nw 4-ca r5 itos-- bv, n ' - t)or cQ . r ��u�► ['R ck ` If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make cor- rection as called for. Zo ., I1 IY M Time --. InS A''',' '� 44 ;' . • �" #. 3 . H t € a� 1't+, -. -- - • - - - . '.ice' ' !`a.k::. . I CITY OF CHANHASSEN ti 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 June 12, 1989 Mr. Daniel Kerling 310 Sinnen Circle Chanhassen, MN 55317 Dear Mr. Kerling: 1 The purpose of this letter is to inform you that the permit ( #3202) for your deck was issued in error. A variance is required to construct the deck as shown in your plans. Please stop all construction until a variance is obtained. The applica- tion is being processed. I apologize on behalf of the City for the error in issuing the 1 permit. Please call if you have any questions. Sincerely, 1 Steve A. Kirchman Building Inspector SAK:ks 1 C: File Jo Ann Olsen, Assistant City Planner I/ 1 1 1 1 I 1 y S I INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937 -1900 . �n �3 I NSPECTION FOR C z ! � ‘' ( f 2 DATE 6 TIME TIME & DATE INSPECTION DESIRED 4- r" / / L m � 1 ZG7 ADDRESS ' /v t� �'^— �i1 /u/"` PERMIT NO -3 2--- 1 CONTRACTOR D � °,46 TAKEN BY.. WATER METER NO / 1 REMOTE NO. LOCATION I CORRECTIONS .4 1 Ic ( L ,_1( L-7 — v 4\c-oko c_ 1 (..4._fkS 5ti Pf 1 7- ...\o 1- 1 ___\C5 11\ ■%_ ..- T4 1 c-- (c) F2c)N -- 1 5 t o T 1 I If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make.cor- rection as called for. 1 1\ iQ \ �o Oat Time 1 actor 1 1 1 1 • 1 • t . r h ■ `ri j-G , - # 1544 Kt_t GE 8 1 180 N -1 DR.ty� k1 1 - k-10 W QLK our c? • • 11 • PC \ 111 ,, , , p 0 �� ti ti j \ �a • , 7.. PAT/ o 1.5 C \ 1 / �c b � �i ' - ma y o 3 •6 �� \y, ` L h 0. o c�.Q t�1 \ �`� so o---------- 4 ��` 6� s � �� ° 9c �"'� ....` / 23 • s, o R \'n J sag • < s 15. �� l• N _ �a I G Denotes Iron Monument I o Denotes Wood Stake ' - X000.0 Denotes Existing Elevation ' Proposed Top of Foundation (000.0) Denotes Proposed Elevation on Elevation= 944, 7 1 -4--- a Denotes Direction of Surface Drainage Proposed Garage Floor Elevation= 944.4 9 Proposed Lowest Floor Elevation= 94/, 6 hereby certify that this is a true and correct representation I p esentation of a survey of the boundaries of Lot 11, Block 4, HIDDEN VALLEY, Carver County, Minnesota And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or 1 on said land. it also shows the location of the stakes as set for a proposed building. As surveyed by me or under my direct supervision this 23rd day ofy 88 �.� Q 1 Paul A. Johnson ____ _ Land Surveyor, Minn. Reg. No. 10938 1 McCombs Frank Ro Associ Inc. SCALE AN CERTIFI O F SURVEY 15 05023rd Ave. N. EC/OK RAGE for 1 ®w PIYmouth, MN 55447 Planners I 6,2, °'6.6010 surveyors f ,�E so. 8331 THE ROTTLUND CO. March 2, 1990 Scott Harr Assistant Public Safety Director 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Permit #3189 Dear Scott, In reference to the above permit and our Feb. 15 letter, due to Y , ' financial and other timing factors please regard this permit of 1989 as abandoned. 1 I will reapply for permit accordingly when appropriate and conditions allow me to do so. Sincerely, 1 Robert Klinger 8180 Marsh Drive Chanhassen, MN 55317 1 1 1 1 • . 1 CITYOF 1 1 ....„....„.• r.- tee'. , • y t 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 1 MEMORANDUM TO: Jo Ann Olsen, Senior Planner II FROM: Steve Nelson, g Inspector e ti p ctor DATE: March 7, 1990 II SUBJ: 310 Sinnen Circle II 8180 Marsh Drive We have been sending notices to people whose permits have had no I final inspection. Since that time we received responses from the residents of the II above addresses. The resident of 310 Sinnen Circle sent a letter stating he ran out of money, did not plan on resuming construc- II tion and to consider his permit null. The resident of 8180 Marsh Drive called claiming he did no work on his permit. 1 Upon inspection of both sites, decks have been constructed. As discussed with you, variances were applied for and denied. At 1 this point, 1 will turn this matter over to you for appropriate action. If you need further assistance, let me know. II 1 1 1 1 1 I CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 1 June 12, 1989 V 1 P 1 Mr. Daniel Kerling 310 Sinnen Circle Chanhassen, MN 55317 Dear Mr. Kerling: 1 The purpose of this letter is to inform you that the permit ( #3202) for your deck was issued in error. A variance is required to construct the deck as shown in your plans. Please stop all construction until a variance is obtained. The applica- tion is being processed. I apologize on behalf of the City for the error in issuing the permit. Please call if you have any questions. 1 Sincerely, 1 Steve A. Kirchman Building Inspector 1 SAK :ks C: File Jo Ann Olsen, Assistant City Planner 1 1 1 1 1 • CITY OF CHANHASSEN II 690 COULTER DRIVE CHANHASSEN, MN 55317 ,(612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Robert Klinger OWNER: Robert Klinger ADDRESS: 8180 Marsh Drive ADDRESS: 8180 Marsh Drive 1 Chanhassen, MN 55217 Chanhassen, MN 55217 TELEPHONE (Day time) 949 -0202 TELEPHONE: 949 1 REQUEST ♦ Conditional Use Permit - $150 ♦ Subdivision: ♦ Interim Use Permit - $150 Preliminary Plat: 1 ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: - Create less than 3 lots - $10011 - Sketch Plan - $200 - Create more than 3 lots - + $15 - Preliminary Development Plan lotOcreatedcre + $5 per lot" $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 - Metes and Bounds - $100 - Amendment to Final Development Plan - $300 + $15 acre - Consolidate Lots - $100 1 TOTAL PUD TOTAL SUBDIVISION ♦ Site Plan Review - $150 ♦ Wetland Alteration Permit: 1 ♦ Administrative Site Plan - Individual Single Family 11 Review - $150 Lots - $25 ♦ Vacation of Utility or - All Others - $150 Street Easement - $100 1 ♦ Variance - $75 � ♦ Rezoning - $250 ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment - No Charge 1 A list of all property owners within 500 feet of the boundaries of the property must be included with the application. 1 Twenty -six full size folded copies of the plans must be submitted. 1 * NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. ArrAcHME # 1 11 ' PROJECT NAME LOCATION LEGAL DESCRIPTION T,nt R1 n n. (11) , Block Four (4) , Hi ririPn Va1 1 Py PRESENT ZONING PUD-R Planned Unit Development REQUESTED ZONING PRESENT LAND USE DESIGNATION PTJD -R; Single Family REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST I have constructed a deck off the hack of my ' house which I now understand is in violation of the zoning ordinance for the City of Chanhassen. I need a. variance in order to allow me to jieep the deck This application must be completed pp p ed 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. 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. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval /permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. Signature of Appicant Date ' ;Alit/ Signature of Fee Owner Date Application Received on Fee Paid Receipt No. This application will be considered by the Planning Commission /Board of Adjustments and Appeals on 1 1 1 1 1 N 1\ .. ! + /,! .\ L LI! , 3 /VB93207"l✓ .1/4-� L °.° 1 � \/ . O ° . \ � c -�io 1 43 S tS 63 - • . • • - / O o ., b 3 o w z ° lj : � \ ? - +••' "5,- - 656. DO -- r • E. / \ $ 56 I )711.'4 N 7'' r l' � o \ o �O ►•f5 r . 1 £77.1, a . 10A 0 � 0 \\ t o o1i L �p0 ( 0'' .YO •R c. `0 1 '6 : 0 Np.S M { 19'1143N 01 4 c. \I 0 v • • 3 6 • ,.' \ _ /I `o - - 1 os 1 t ' j / . 20 Q 0 < 5 3 . o c4 ...1 1 0 � 1. /' 0 / z1\ v ,,o NBQ'ODOO Ar / 1. , D "o p0 \• ° °\ ' . 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C 0 -= � - it 31 / 6 e , 00' t o fY 6 Z o o : � ~- % • 14 . 1 3 d r 3 0 ;/ (91' v .27/ • s X �36 , ` $ 1.'60p ° v o4 - • .. C $ •I3 �/ f/s r ba � ..�, M ,11:'...,.. ? • • 0 '00, BS.s / - , x`3 -- m o : q� r • 0 . ` a . .. . 18 2. / _ ; 1 00 . • ► t . O . �' • v , • ".."1. . - j o I � ; 4.2,5•/.5"00 - , ! '. / T �� • . . + 7 � . Z � . • / r • \ ii 154 4 1 « - t t■t G t= R. . 8180 r(AR5t - 1 DR.tvi k1 Iv GS WOOD - hlo W aLK our h 1 0 \ � ^r 1, 1016 1 I • C s' s y L lq b , t o. -- 4,\-.z.-._.,:,,.°) 14' o \ . .. �Q R � c o �> ■ `:1• 0 3 ( '9 r s 3 VI • � �j , � � 3 �90� , 2 0 L 1 ` /i � b �-1, 0 p ps i y' ■ • � ' �y � ti� Jr- . ' (- /' \ c`o o H of . 3Sr • �.,, a 3 e. o_ 1s . �6 23 9 57 o ty 8 � ,, 15. J 6= < -3- o.' • E `ge 1l • N s • O Denotes Iron Monument 0 Denotes Wood Stake \ . X000.0 Denotes Existing Elevation Proposed Top of Foundation Elevation= 944. (000.0) Denotes Proposed Elevation Proposed Garage Floor Elevation= 94 4.4 - 4--- Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation= 94/.6 I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 11, Block 4, HIDDEIJ VALLEY, Carver County, Minnesota And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. It also shows the location of the stakes as set for a proposed building. As surveyed by me or under my direct supervision this 23rd day of MaY ,19 88 . elir_ ' .— Paul A. Johnson Land Surveyor, Minn. Reg. No. 10938_ McCombs Frank Roos Associates, Inc. -- 1 i=40' CERTIFICATE OF SURVEY �l s EAOK PAGE for ;i Plymouth, 35. Engineers THE ROTTLUND CO. outth, , MN 5544 47 Planners :".:7 Plym FILE N 612 /476 -6010 Surveyors - 1 0. 8331 . 1 ' . 1 • 1 . • -- •• ; _; _J I') ) . ) ) r l•O 04' . :)•4 ._ -- J _.)♦ J _) _) ) ) ) ) )CO 1 ( O � 7•. _ J•_ ) ) _) ) ) I r C �� i •� _; - .J,I. _) ) .) ) ) ) ) t )©© O'� 1 • - - "; -, -? :� ') ) ) ) ) ) ) ) ► r • O C; (. y • ►_ \+ s E. 'ice . '1 _1 [N& l.1 !-. !1._ra .w 690 COULTER DR. • P.O BOX 147 1 RECEIPT t � (' CITY OF CIANIISSEN PHONE. (6 RECEIPT 937!1900 55317 No _ 33562 3 t ' � (.� { RECEIVED OF rf-) 1 `I DATE ' — X5 \ 1 DESCRIPTION PERM /LIC AMOUNT FUND SOURCE OBJ FROG. aiJ . � t- 1 I. rip , 1 1 �� ',C 1! • TOTAL AMOUNT I $15 ,c3Z. CHECK ! CASH 0 DIPUTY TIEASUIU I ROBERT C. OR SUSAN S. KLIINGER - 2961 K-452-745-115-111 K-452-778-777-841 , ,.� z-- - --_. —� _ _ __. - 9180 MARSH DR. PH. 949 -0202 -- -- 1 - - -- _ - - - - -- --- - CHANHASSEN, MN 55317 _ - - -_ —�- 1 r 0 ••i - 1- - - - _ C 4, ) • 4 S O DEROFE ' + • � L-h•-)/j/c_ — C 4; ` 111 4 ° ��; � u ! 7 k / ( �� DOLLARS 'f. i • - . :- — — — -� - - -- -- r © • • ida rgi ette Bank - __ _ C •) • u Eden Prairie ' __' _ 1 Of � M' Is. wn woo — _._. , . MEMO —. - -- I:091000046n: 29846 i8 s» 2 _ - - , -� ..., trot 1 1 II CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION 1 APPLICANT: Daniel Kerlina OWNER: Daniel Kerlina ADDRESS: 310 Sinnen Circle ADDRESS: 310 Sinnen Circle ' Chanhassen. MN 55317 Chanhassen, MN 55317 TELEPHONE (Day time) 949 -2261 TELEPHONE: 949 -2261 REQUEST , ♦ Conditional Use Permit - $150 ♦ Subdivision: ♦ Interim Use Permit - $150 Preliminary Plat: 1 ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: - Create less than 3 lots - $100 - Sketch Plan - $200 - Create more than 3 lots - • + $15 - Preliminary Development Plan lot O created + $5 per lot $300 + $15 acre • - Final Plat - $100 - Final Development Plan - $200 - Metes and Bounds - $100 - Amendment to Final Development ' Plan - $300 + $15 acre - Consolidate Lots - $100 TOTAL PUD TOTAL SUBDIVISION ' ♦ Site Plan Review - $150 ♦ Wetland Alteration Permit: ♦ Administrative Site Plan - Individual Single Family ' Review - $150 Lots - $25 ♦ Vacation of Utility or - All Others - $150 II Street Easement - $100 ♦ Variance - $75 X ♦ Rezoning - $250 ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment No Charge II A list of all property owners within 500 feet of the boundaries of the II property must be included with the application. Twenty -six full size folded copies of the plans must be submitted. * NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME II LOCATION LEGAL DESCRIPTION Lot Thirteen (13). Block Four (4). Hidden Valley II PRESENT ZONING REQUESTED ZONING PUD -R, Planned Unit Development 11 PRESENT LAND USE DESIGNATION II REQUESTED LAND USE DESIGNATION PUD -R; Single Family REASON FOR THIS REQUEST I have constructed a deck off the back of my II house which I now understand is in violation of the zoning ordinance for the City of Chanhassen. I. need a variance in order to allow me to keep the deck. II This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by II 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. II 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 I 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 II 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 II 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 II and information I have, submitted are true and correct to the best of my knowledge. II I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval /permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City II . Hall Records. II a/14; / fi2/ 1 0 i Signature n Ap,.licant Date II /Il . 1 9 Signature ^''Fe- Owner Dat II II Application Received on J Fee Paid -7 ` � Receipt No. .7: /Li This application will be considered by the Planning Commission /Board of Adjustments and Appeals on o4_//_9 1 1 1 • 1 1 1 1 1 1 1 1 1 1 • 1 1 1 11 36.3/ NT • 1 � 3 • ♦ ' . - /_ . \ ° 7� : : : - f � • a < � y1� v o o � /p• /6'0 N . 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NiN t e tc' z, 6 ' ; 0 Der;oteg Iron 1.ionurnent �' • - Denotes I,Vood Stake - ) 0 C'Q Denotes Existing Elevation .. Proposed Top of Foundation Elevation- C;C :.? (000,0) Denotes Proposed Elevation Proposed Garage Floor Elevation• CI 49.4 • : - 4 -•-• -- Denotes D1:ec:`•Cn of Surface Drainage Proposed lcwt�s; Floor E!evailvn" Cr ,, C .C+ 1 hereoy certify that this is a true and correct representation of a survey of the boundaries of: _ . ... .... ._.. a (---. 4 A,LL.r , I And of the location of all buildings. If any, thereon, and all visible encroachments. if any, from or 1 on said land. 11 also shows the location cf the stakes as set for a proposed building. As surveyed by me or under my direct supervision this -- day of_. ,19-. 1 • Land Sur.evor. Minn. Seg. No. i'••¢o'k,' CERTIFICATE OF SURVEY li ' op.. for ` CCM B S- KNUTSO ASSOC'ATES, 111C. i ♦ commis ii s,ltll • .A ijarl,, 1 $;11 r, ��i�. / ZS r•M►errJ� w xv,r,M1i,tor,M w.1,aM se Jay & S. Johnston Anthony & J. Mertes Bradley & K. Robbins 8283 Marsh Drive 8124 Dakota Lane 8116 Dakota Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 . Bruce & C. Marengo Gary & D. Disch Robert & S. Klinger II 8150 Marsh Drive 8170 Marsh Drive 8180 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II Daniel & A. Kerling Drew & M. Wright Thomas & S. Lehmann 310 Sinnen Circle 320 Sinnen Circle 330 Sinnen Circle 1 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II Richard & P. Hamblin Mark & S. Nicpon Thomas & J. Hansen 340 Sinner Circle 341 Sinnen Circle 331 Sinnen Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 • 1 Billy & D. Streepy Gene & K. Heikkinen Donald J. Wildman 321 Sinnen Circle 301 Sinnen Circle 8128 Dakota Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II R. Reiff /L. Boecher J. Jones & G. Lippert R. Langley /L. Soper 1 8130 Dakota Avenue 8132 Dakota Lane 8134 Dakota Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 F H. Faulds/K. Knutson Michael & H. Kelly Chris M. Bellino 8136 Dakota Lane 8138 Dakota Lane 8140 Dakota Lane 1 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Jason'W. White Scott & K. Molencamp James & R. Lucas 8139 Dakota Lane 8137 Dakota Lane 8135 Dakota Lane 1 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II Robert & C. Myers R. A. Anderson Philip Bird 8131 Dakota Lane or Current Owner or Current Owner Chanhassen, MN 55317 8210 Grandview Road 8201 Grandview Road II Chanhassen, MN 55317 Chanhassen, MN 0 55317 I Harvey Will 55317 Albert Sinnen H. A. VanSlyke 8151 Grandview Road 8150 Grandview Road or Current Owner Chanhassen, MN 55317 Chanhassen, MN 55317 8135 Grandview Road II Chanhassen, MN 55317 1 • • . David & S. Wilkie Jeffrey & L. Lee Gerald & S. Hart 360 Hidden Lane 370 Hidden Lane 380 Hidden Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 il Rottlund Co., Inc. James & D. Killian Douglas & H. Chase 5201 East River Rd., #301 8161 Hidden Court 8181 Hidden Court II Columbia Hts . , MN 55421 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Mark & K. Eiders James J. Gustafson Michael & D. Weigel 8191 Hidden Court 8180 Hidden Cicle 8170 Hidden Court Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II Dale & Z. Klabunde Sunshine Construction Dean & J. Surrrnerfield 8160 Hidden Court 5985 125th Street West 8140 Hidden Court Chanhassen, MN 55317 Apple Valley, MN • 55124 Chanhassen, MN 55317 1 Jeffrey Peters Douglas & T. Lawman Daniel & T. Darazspi II 8120 Hidden Court 8100 Hidden Court 8030 Hidden Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Phillip & B. Schluss Mark & L. Honnold Reza Aghelnejad - 1 8040 Hidden Circle 8051 Hidden Circle 8061 Hidden Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Ulrico & L. Sacchet Michael & M. Buchner Mark & A. Lemke 8071 Hidden Circle 8081 Hidden Circle 311 Hidden Lane II Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 J. Rauch /K. Ch e nowo th Craig Erhart Steven & P. Ranz 321 Hidden Lane 331 Hidden Lane 8123 Marsh Drive t Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II Lon & M. Stutelberg Ryan & G. Johnson William & J. Brown 1 8133 Marsh Drive 8143 Marsh Drive 8153 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II Randy & K. Imker Bruce & J. Boje Terence & J. inter II 8163 Marsh Drive 8193 Marsh Drive 8203 Marsh Drive Chanhassen, MN •55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Peter & S. Makarov Gary & R. Chant Robert & L. Pocrnich II 8223 Marsh Drive 8243 Marsh Drive 8263 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Todd & S. Gay William & Debra Prigge 11$ Dakota Lane 390 Hidden Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Thomas & J. Asmus Nancy L. Helland 8110 Marsh Drive 8091 Hidden Circle C hanhassen, MN 55317 Chanhassen MN 55317 C aul & R. Klauda Randy & K. Green 8130 Marsh Drive 8103 Marsh Drive C hanhassen, MN 55317 Chanhassen, MN 55317 l artin & T. Fajdetich Michael & P. Busch 100 Marsh_ Drive 8113 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 1 arryl & S. Wrolson Richard Hladky 120 Marsh Drive 8173 Marsh Drive hanhass€n, MN 55317 Chanhassen, MN 55317 II Gaeten & G. Duchesne Gerald & B. Amrhein I 140 Marsh Drive 8183 Marsh Drive hanhassen, MN 55317 Chanhassen, MN 55317 'John & L. Noren 8160 Marsh Drive i hanhassen, MN 55317 t ichael & S. Vidmar 8190 Marsh Drive .hanhassen, MN 55317 avid & S. Latzke 11 Sinnen Circle Chanhassen, MN 55371 1 aul f4li'cl .Fajardo 150 den Court If hanhassen, MN 55317 1 1