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1i Var/CUP 7474 Moccasin TrailCITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Cnanhassen ~71N 55317 Adminislralion Phone: 9522271100 Fax 9522271110 Building Inspeclions Phone: 9532271180 Fax 952 227 1190 Engineering Phooe 9522271160 Fax: 95?227 1120 Finance Phone 9522271140 Fax: 952 3271110 Park & Recreation Phone: 9522271120 Fax; 952?27 1110 Recreation Cen~er 2310 Coulter Bouievard Phope: 952 2271400 Fax; 9522271404 Planning & Natural Resources Phone: 952 2271130 Fax: 9522271110 Public Works 1591 Park Road Phone 9522271300 Fax~ 9522271310 Senior Center PI;one 9522271125 Fax 952 2271110 Web Site MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angela Auseth, Planning Department , January 12, 2004 DATE: SUB J: Variance #2003-16, 7474 Moccasin Trail CUP #2003-8 EXECUTIVE SUMMARY The applicant is requesting a 28 foot wetland setback variance (12 foot wetland setback) from the 40 foot wetland setback, a 34 foot BCO primary zone setback variance (6 foot BCO primary zone setback) and a Condition Use Permit for an existing 96 square foot shed/playhouse within the Bluff Creek Overlay District. ACTION REQUIRED City Council approval requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on December 2, 2003, to review the proposed development. The Planning Commission voted 4 to 0 to approve the proposal with conditions. The summary and verbatim minutes are item la of the City Council packet for January 12, 2004. RECOMMENDATION Staff recommends adoption of the motions approving the variance and conditional use permit as outlined in the staff report dated December 2, 2003. ATTACHMENTS Planning Commission Staff Report Dated December 2, 2003. CITY OF CHANHASSEN PC DATE: 12/2/03 CC DATE: 1/12/03 REVIEW DEADLINE: 2/14/03 CASE #: Variance 2003-16, CUP 2003-8 BY: AA STAFF REPORT PROPOSAL: Request for a 28 foot wetland setback variance, a 34 foot Bluff Creek Overlay District, BCO, primary zone setback variance, and a Conditional Use Permit LOCATION: 7474 Moccasin Trail, Lot 20 Block 2, The Meadows at Longacres Second Addition APPLICANT: Khai and Heather Tran 7474 Moccasin Trail Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development Residential (PUDR) 2020 LAND USE PLAN: Residential-Low Density SQUARE FEET: 19,426 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting a 28 foot wetland setback variance (12 foot wetland setback) from the 40 foot wetland setback, a 34 foot BCO primary zone setback variance (6 foot BCO primary zone setback) and a Condition Use Permit for an existing 96 square foot shed/playhouse within the Bluff Creek Overlay District. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. Tran Variance December 2, 2003 Page 2 PROPOSAL SUMMARY The applicant has constructed a 96 square foot shed/playhouse within the wetland setback. The property is located at 7474 Moccasin Trail, Lot 20, Block 2, The Meadow at Longacres. The property is zoned Planned Unit Development Residential, PUDR. The wetland is classified as an agricultural/urban wetland in the city's wetland protection ordinance. As part of the overall subdivision and Wetland Alteration Permit (Longacres), the Army Corps of Engineers required a 10 foot buffer strip around all wetlands (Attachment I). City Ordinance requires a 40 foot wetland setback from the edge of the buffer for Ag/Urban wetlands. APPLICABLE REGUATIONS Department of the Army Corps of Engineers October 5, 1993 lc. A 10-foot vegetated buffer strip shall be established and maintained around all of the remaining wetlands found on the property, including the mitigation sites, to protect the natural appearance and functions of these basins. The Meadows at Longacres Development contract (9) Other special conditions I. Drainage and conservation easements shall be dedicated over all wetland areas within the subdivision, including outlots. Sec. 7-19. Plans and specifications. The building official may require that plans and specifications, required by the Minnesota State Building Code, include a survey of the lot upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor. An original signature is required on the certificate of survey. The survey shall provide the following information unless otherwise approved by the administrative authority: (14) (28) Wetland boundaries with ordinary high water level and lO0-year flood elevation if applicable; Wetland buffer areas and wetland or lake setback dimensions; Sec. 20-406 Wetland buffer strips and setbacks Requires a 40 foot wetland setback from an Ag/Urban wetland buffer The Bluff Creek Overlay District ordinance requires the following: Sec. 20-1554. Conditional use permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior the erection or alteration o. f any building or land within the BCO. Sec. 20-1564. Structure setbacks. All structures shall be setback a minimum of forty (40)feet from the Primary Zone. No disturbance o.f the site shall occur within the first (20)feet of such setback. BACKGROUND The final plat for the Meadow at Longacres 2"d and 3rd Addition was approved by City Council on June 12, 1995. During the process of developing the Meadows at Longacres Second Subdivision a finger-like wetland was located on the parcel. (See Exhibit A) A condition of the final plat approval for the Meadows at Longacres Second Addition required drainage and conservation easements dedicated over all wetland areas within the subdivision. As part of the grading for the subdivision, a portion of the Ag/Urban wetland was filled within the applicant's rear yard. (See Exhibit B) The home was then constructed on the property in 1996 with a drainage and utility easement in the rear yard located over the wetland and a portion of the mitigated wetland area. The Bluff Creek Overlay District was adopted on December 14, 1998. As part of the permit process, the applicant came to city hall, read the necessary shed installation information (See Exhibit C), and applied for a permit to construct the shed. The applicant followed the necessary steps including locating the shed on the certificate of survey, dated February 8, 1996, and obtained from the building department. However, neither the wetland nor the Bluff Creek Overlay was located on the survey provided. Based on the survey, it appeared that the shed was within the setback requirements of a PUDR district. Staff permitted the construction of the shed on May 7, 2003, in error, within the wetland and BCO primary zone setbacks; therefore, this variance request is after the fact. Staff discovered the problem after the shed was completed and after going back to the original plat and wetland alteration permit files from 1992, PUDR 92-4, WAP 92-9. The applicant received a letter dated September 17, 2003 (See Exhibit D) informing him of the error. It stated that the applicant needed to relocate the shed outside the wetland setback. During conversations with the applicant, staff was informed that the shed is built on concrete footings and is not easily relocated. Upon further research of the original plat, it was found that the Corps of Engineers reviewed the proposed wetland impacts and mitigation fol' the entire subdivision in 1993. The Corps of Engineers determined that the wetlands were eligible under a Nationwide Department of the Army Permit. As a condition of the Nationwide Permit, a 10 foot buffer is required around all wetlands located in the subdivision. City code requires a 40 foot wetland setback from the edge of the buffer. The Meadows at Longacres was approved in 1995, while the Bluff Creek Overlay District was not adopted until December 14, 1998. According to the Bluff Creek Overlay District sec. 20-1554 "A conditional use permit shall be issued by the city fol' all subdivisions, site plans, and prior the erection or alteration of any building or land within the BCO." Meaning that prior to any improvements, such as this, on a property located within the BCO a conditional use permit is required. Bluff Creek Overlay District The property is located within the Primary and Secondary Corridors of the Bluff Creek Natural Resources Management Area. The purpose of the Primary Corridor is to maintain natural vegetation area where undisturbed conditions are desired, since any type of human activity in the this area may directly impact Bluff Creek. The Secondary Comdor is a management zone where development and/or urban activities directly affect Bluff Creek's ecosystem. The boundary of the ag/urban wetland is in the primary zone as it is connected to Bluff Creek. The primary zone has a required setback of 40 feet. The BCO ordinance also requires that there shall be no disturbance within the first 20 feet of the setback. Because a portion of the wetland was filled during construction in 1996, as part of the approved grading plan, the first 20 feet of the primary zone setback was disturbed prior to BCO ordinance adoption in 1998. The shed is 34 feet into the required 40 foot setback, as measured from the Conservation Easement; thus the applicant is requesting a 34 foot primary zone setback variance. ANALYSIS The applicant took all the necessary steps when applying for the permit to located the shed/playhouse on his property within the guidelines of the code. However, neither the wetland nor the BCO was located on the certificate of survey that was in the property's building file on record. A large drainage and utility easement was shown on the certificate of survey. Drainage and utility easements are used to locate storm sewer lines, which do not have a required setback (See Exhibit E); to locate storm water ponds, which again, do not have a required setback; and to locate wetlands. Staff does not require a new survey for each building permit, which would be costly to applicants. This was not an instance of the homeowner not supplying the necessary information to the city, but rather an instance of the certificate of survey not disclosing all the necessary information regarding the property. Because the Meadows at Longacres is a newer development, there are few variances in the subdivision. There was a Conditional Use Permit, a 9 foot wetland setback variance, and a 9 foot primary zone setback variance approved in 2002 for the construction of a swimming pool and retaining wall at 7525 Bent Bow Trail. There was a variance application that was discussed at the Feb 14, 2000 Planning Commission regarding a 12 foot wetland setback variance at 7415 Bent Bow Trail for the construction of a deck gazebo and patio which was denied as a deck could have been constructed on the property without a variance. The most recent variance approved in the Longacres Subdivision was at 2350 Hunter Drive. A 26 foot wetland setback variance was approved, for the construction of a patio, at the October 21, 2003 Planning Commission meeting. The variance request was measured from the approved wetland buffer located on the original plat, which was a 30 foot wetland buffer. FINDINGS CONDITIONAL USE PERMIT FINDINGS Building and site alterations are permitted within the Secondary Zone of the Bluff Creek Overlay District as a conditional use. The following constitutes staff's review of this proposal against conditional use permit standards. Section 20-232, include the following 12 items: Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The site is zoned PUDR. The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The site is currently zoned PUDR. A single family home is permitted in the PUDR District, accessory structures are also permitted in this disthct. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that re'ea. Finding: The shed is compatible in appearance with the general character of the general vicinity. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed project will not be hazardous or disturbing to existing or planned neighboring uses as an accessory structure is permitted in the PUDR district. o Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The property is accessed via Moccasin Trail. The site is located inside the Municipal Urban Service Area. The subject site utilizes city water and storm water systems. The site will be able to accommodate the proposed use. However, the subject structure is an accessory structure and will not require public facilities and services as it is not the primary structure on the property. 7. 10. 11. 12. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic weffare of the community. Finding: The subject structure will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community, as it does not require public facilities and services. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The residential site currently has access via Moccasin Trail and is a private residence; therefore, staff does not anticipate any heavy traffic. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed development will not result in the loss or destruction of any significant features with the incorporation of staff's recommendations. Will be aesthetically compatible with the area. Finding: The proposed addition will be aesthetically compatible with the area. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed use will meet standards prescribed for certain uses provided in this article. VARIANCE FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criterion. Finding: The literal enforcement of the ordinance does not create a hardship, since a reasonable use of the property for a single-family home exists on the lot and the shed could have been constructed within the setback requirements. However, the certificate of survey did not have the wetland or the BCO located on it and the shed was constructed. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: According to the Corps of Engineers all of the properties located in the Longacres Subdivision abutting a wetland require a I0 foot buffer strip. However, the certificate of survey did not show the wetland or the BCO, leading staff to believe that the permit for the shed/playhouse was approved within the guidelines of the ordinance. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The variance will not increase the value of the home, as a shed could have been constructed within the setback requirements for the wetland had it been located on the certificate of survey. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created by the homeowner; the hardship for the applicant is to relocate the shed/playhouse, as it is built on concrete footings, following approval of the permit based on an incomplete certificate of survey. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. A buffer area is preserved and is to be maintained in its natural state. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. RECOMMENDATION Staff recommends that the.m,~...,,..6;-~ r~;oo;~,~,,..,...oo.,,.. City Council adopt the following motion: "The Planning Cemmissien City Council recommends approval of Conditional Use Permit #2003- 8 to permit the construction of a 96 sq. ft. shed/playhouse as shown on the registered land survey dated checked and reviewed on February 8, 1996, and based on the findings in the staff report. Staff' recommends that tho DI .............. s ............... City Council adopt the following motion: "The Planning Ce, remission City Council recommends approval of Variance #2003-16 for an 28 foot variance from the 40 foot wetland setback requirement and a 34 foot Bluff Creek Overlay, BCO, primary zone setback variance from the 40 foot BCO primary zone setback for the construction of a shed, based on the findings in the staff report, with the following conditions: 1) Maintain existing buffer 2) No additional structure encroachments into the required setbacks 3) The applicant shall work in consultation with the City Forester to add landscaping, .......... e, evergreens, to screen the structure from the east and west and create a more natural appearance" ATTACHMENTS A. Findings of Fact B. Application C. Public hearing notice D. Survey Dated February 8, 1996 E. Survey with location of shed, wetland, buffer, wetland setback, BCO primary zone setback F. Exhibit 'A' Location of wetland on parcel G. Exhibit 'B' Grading and Drainage Plan dated May 16, 1995 H. Exhibit 'C' Shed information provided by the building department I. Exhibit 'D' Letter to applicant Dated September 17, 2003 J. Letter from Army Corps of Engineers dated October 5, 1993 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN liE: THE APPLICATION OF KHAI AND HEATHER TRAN, 7474 MOCCASIN TRAIL, VARIANCE NO. 2003-16 On December 2, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Khai & Heather Tran for a 28 ft. wetland setback variance, a 34 ft. Bluff Creek Overlay primary zone setback variance, and a Conditional Use Permit for an existing 96 sq. ft. shed/playhouse within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 2. 3. 4. The property is currently zoned PUDR, Planned Unit Development Residential. The property is guided by the Land Use Plan for residential, low density. The legal description of the property is: Lot 20, Block 2, The Meadows at Longacres. The Planning Commission shall not grant a variance unless they find the following facts: The literal enforcement of the ordinance does not create a hardship, since a reasonable use of the property for a single-family home exists on the lot and the shed could have been constructed within the setback requirements. However, the certificate of survey did not have the wetland or the BCO located on it and the shed was constructed. According to the Corps of Engineers all of the properties located in the Longacres Subdivision abutting a wetland require a 10 foot buffer strip. However, the certificate of survey did not show the wetland or the BCO, leading staff to believe that the permit for the shed/playhouse was approved within the guidelines of the ordinance. The variance will not increase the value of the home, as a shed could have been constructed within the setback requirements for the wetland had it been located on the certificate of survey. The hardship is not self-created by the homeowner; the hardship for the applicant is to relocate the shed/playhouse, as it is built on concrete footings, following approval of the permit based on an incomplete certificate of survey. The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. A buffer area is preserved and is to be maintained in its natural state. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. The planning report Variance #2003-16, dated December 2, 2003, prepared by Angie Auseth, et al, is incorporated herein. The Planning Commission approves a 28 loot variance from the 40 foot wetland setback requirement and a 34 foot Bluff Creek Overlay, BCO, primary zone setback variance from the 40 foot BCO primary zone setback, as shown on the registered land survey dated checked and reviewed on February 8, 1996. The Planning Commission approves Conditional Use Pennit to permit the construction of a 96 sq. ft. shed/playhouse as shown on the registered land survey dated checked and reviewed on February 8, 1996. ADOPTED by the Chanhassen Planning Commission this 2nd day of December, 2003. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman FAX 98222711_ CITY OF CHANHASSEN ~002 09/19/03 10:22 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION TELEPHONE (Day time) "/'-/~/v/ OWNER: ~-~c[/~ ADDRESS: .. Comprehensive Plan Amendment ._~ Conditional Use Permit Interim Use Permit Non-conforming Use Permit __ P,~a~ned Unit Development* __ Rezoning __ Sign Permits __ Sign Plan Review Site Plan Review* Subdivision* Temporary Sales Permit Vacation of ROW/Easements _./~_ Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment __ Notification Sign ..... X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SP R/VACNAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the ;application. Buading material samples must be submitted with site plan reviews. "Escrow will be required for other applications through the development contract :NDTE ~ When multiple applications are processed, the appropriate fee shall be charged for each application. 09/19/03 10:23 FAX 95222711_ CITY OF CHANHASSEN ~003 PROJECT NAME LOCATION '7 L( '~(.( LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT ~ YES PRESENT ZONING ¢..6z'~ I REQUESTED ZONING ~ l ~'~q--!/~ L. PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. - = This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission ct matedal and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate pdor to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. signature of Applicant Signature of Fee Owner Date AppIication Received on Fee Paid Receipt No. 'The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. Request for Variance to Setbacks Homeowner: Khai & Heather Tran Address: 7474 Moccasin Trail Chanhassen, MN 55317 Legal Description: Subdivision MEADOWS AT LONGACRES 2ND ADD Lot 20, Block 002, Parcel Detached Single Family Date: October 17, 2003 Summary: The Homeowner is asking for a variance to the setbacks on their property. In compliance with the City of Chanhassen Building/Inspection Department codes and field inspections, the Homeowner followed the proper process in building their playhouse (submitted plans using lot survey provided by the Building/Inspection Department, applied for permit, got permit approved, got final inspection approved). Unfortunately, due to an error on the survey provided to the Homeowner, the playhouse is now deemed within the wetland setbacks. The playhouse cost $2400 in materials plus two and a half months of the Homeowner's labor to build. It is built with concrete footings, weighs over 1500 lbs and is not easily moved. It is estimated to cost at least $3000 to move the structure. Due to this financial and labor intensive hardship and the full compliance of the Homeowner during the building process, it is requested that a variance to the setbacks be approved. The Homeowner agrees not to replace the playhouse in the same location in the event that a natural disaster should cause irreparable damage to it. Submitted Documents: 1. City of Chanhassen Inspections Division - Shed and Setback Information 2. Submitted Permit Application (dated 4/30/03) 3. Approved plans with survey showing playhouse/shed location (dated 5/7/03) 4. City of Chanhassen Building Inspection Record (dated 6/20/03) 5. City of Chanhassen Inspection Report - FINAL (dated 6/20/03) 6. City of Chanhassen Letter to Homeowner (dated 9/17/03) 7. City of Chanhassen Corrected Lot Survey w/Wetland Setback 8. City of Chanhassen Corrected Lot Survey w/new proposed location 9. Homeowner's receipt for playhouse/shed construction materials (dated 4/28/03) Timeline of events: April 28, 2003 - Homeowner called City of Chanhassen Building/Inspections Department to get information on building a playhouse/shed in the backyard. The Shed/Setback Information document, Permit Application and Lot Survey were faxed over to homeowner. (See Document 1.) April 30, 2003 - Homeowner faxed to the Building/Inspections Department a completed Permit Application, detailed building plans and the Lot Survey with the proposed playhouse/shed location including setbacks. The playhouse dimensions were 8'xl 2' (96 sq. ft.). (See Document 2.) May 7, 2003 - The Building/Inspections Department approved the plans and provided a Permit nmnber #0300866. (,gee Document 3.) May 8, 2003 - Homeowner and City Inspector Paul Eckholm exchanged emails on proper construction of the foundation and footings. - It was decided that even though the city did not require concrete footings, it would be better to "overbuild" than to "underbuild". Homeowner also decided to use larger, stronger joists and beams. May 10, 2003 Construction began. (See Photos l, 2 and 3.) June 18, 2003 - Construction completed. (,gee Photos 4, 5 and 6.) June 19, 2003 In accordance with the City's permit and regulations, the Homeowner called for a Final Inspection. June 20, 2003 City Inspector B.R. approved Permit #0300866 with the following notes: © Location: OK o Setbacks: OK o Shed Final: OK o OK to use (See Document 4 and 5.) September 17, 2003 Three months later, Homeowner received a letter from the Building/Inspections Department stating that the survey that they originally gave the Homeowner was incorrect and due to this error, the Homeowner must relocate the playhouse/shed. (See Document 6, 7 and 8.) REVISED NOTICE OF PUBLIC HEARING PROPOSED VARIANCE & CONDITIONAL USE PERMIT REQUEST CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public heating on Tuesday, December 2, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Khai & Heather Tran for a wetland setback variance and a conditional use permit to allow construction within the Bluff Creek Overlay District for the construction of a shed on property zoned PUD-R and located at 7474 Moccasin Trail. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Intern Phone: 952-227-1132 (Publish in the Chanhassen Villager on November 20, 2003) NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Wetland setback variance for the construction of a shed on property zoned PUD-R APPLICANT: Khai Tran LOCATION: 7474 Moccasin Trail NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Khai Tran, is requesting a wetland setback variance for the construction of a shed on property zoned PUD-R and located at 7474 Moccasin Trail. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Angie at 227-1132 or e-mail aauseth @ ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on November 6, 2003. BART JAY & REBECCA LYNN EDDY 7433 BENT BOW TRL CHANHASSEN MN 55317-6400 CHARLES ARNOLD BOBERTZ & MARY BOWAR BOBERTZ 2401 HUNTER DR CHANHASSEN MN 55317-8431 DAVID G & STACY R HURRELL 7460 BENT BOW TRL CHANHASSEN MN 55317-6400 DAVID J & LISA M WURM 2345 FAWN HILL RD CHANHASSEN MN 55317-8437 DAVID JOE & PAULA M WARD 7483 MOCCASIN TRL CHANHASSEN MN 55317-7552 DAVID M & JENNIFER S FRITZ 7385 BENT BOW TRL CHANHASSEN MN 55317-6402 DEREK P & KARLA J PITT 7357 BENT BOW TRL CHANHASSEN MN 55317-6402 DOUGLAS W & CELIA S ELLINGSON 7398 FAWN HILL RD CHANHASSEN MN 55317-8429 ERIC D KRAFVE & MICHELLE H KRAFVE 2350 FAWN HILL CT CHANHASSEN MN 55317-8437 ERIC V & BARBARA F DOREMUS 7371 BENT BOW TRL CHANHASSEN MN 55317-6402 JAMES L & LISA R COLBERT 7454 BENT BOW TRL CHANHASSEN MN 55317-6400 JAMES P & MITRA L CALLAGHAN 2369 FAWN HILL CT CHANHASSEN MN 55317-8437 JOHN E & KRISTIN M NYSTUL 7509 BENT BOW TRL CHANHASSEN MN 55317-6401 JOHN O ESCH & LEAH HAWKE 7444 MOCCASIN TRL CHANHASSEN MN 55317-7551 JOHN R & STACEY L BOSACKER 7428 BENT BOW TRL CHANHASSEN MN 55317-6400 JOHN W & LISA A HAYES 2411 HUNTER DR CHANHASSEN MN 55317-8431 JOSEPH KELLY BAHR 7476 BENT BOW TRL CHANHASSEN MN 55317-6400 JOSEPH W SILBERNAGEL & MARY BETH SILBERNAGEL 7492 BENT BOW TRL CHANHASSEN MN 55317-6400 KARLENE A JOHNSON 2403 HUNTER DR CHANHASSEN MN 55317-8431 KHAI & HEATHER TRAN 7474 MOCCASIN TRL CHANHASSEN MN 55317-7552 MARK A & SARAH L PLETTS 7517 BENT BOW TRL CHANHASSEN MN 55317-6401 MARK J & KRISTIN F E SPANGRUD 7487 BENT BOW TRL CHANHASSEN MN 55317-6400 MATTHEW M & SUSAN B QUINN 7397 BENT BOW TRL CHANHASSEN MN 55317-6402 MICHAEL G & DIANN M TAYLOR 7516 BENT BOW TRL CHANHASSEN MN 55317-6401 MICHAEL W & DEBRA M BENKOVICH 2362 FAWN HILL CT CHANHASSEN MN 55317-8437 MICHAEL W & JENNIFER APPANEAL 7424 MOCCASIN TRL CHANHASSEN MN 55317-7551 PAUL D & ELIZABETH S MILLER 7473 BENT BOW TRL CHANHASSEN MN 55317-6400 RICHARD A GLOVER & GAY LOUISE PANKONIN GLOVER 2357 FAWN HILL CT CHANHASSEN MN 55317-8437 ROBERT C & ELIZABETH J SPONSEL 7508 BENT BOW TRL CHANHASSEN MN 55317-6401 SCOTT A & BETTE J SMITH 2395 HUNTER DR CHANHASSEN MN 55317-8428 STEVEN GEORGE LABATT & MARY K LABATT 7457 BENT BOW TRL CHANHASSEN MN 55317-6400 STEVEN J CHARGO & ROBYN E BARZIZA-CHARGO 2338 FAWN HILL CT CHANHASSEN MN 55317-8437 STEVEN M & CAROLYN B WEIBY 7398 BENT BOW TRL CHANHASSEN MN 55317-6402 STEVEN M & NANCY P HANOUSEK 7501 BENT BOW TRL CHANHASSEN MN 55317-6401 STEVEN M & SUSAN M COHOON 7525 BENT BOW TRL CHANHASSEN MN 55317-6401 TERRY L & KAREN F RADIL 7415 BENT BOW TRL CHANHASSEN MN 55317-6400 THEODORE F & MARLENE M BENTZ 7300 GALPIN BLVD EXCELSIOR MN 55331-8011 THOMAS B & LAURA E PAPAS 7434 MOCCASIN TRL CHANHASSEN MN 55317-7551 THOMAS G & PAULA L SCHWARTZ 7376 BENT BOW TRL CHANHASSEN MN 55317-6402 TIMOTHY E SOBOLESKI & KATHERINE A SOBOLESKI 6O25 APPLE RD EXCELSIOR MN 55331- RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 S~RVEY ..--' \ / /STORM SEWEE / VACANT Thil drowino hal been checked and I hero~ C.~ ~ot ~il SU~ WOS ~e~red under ~aupe~[si~ Qnd ~at I am a Ucen~d ~nd Suer un,er the Io~ of the Stat, of Minute. Theodore 13. Kemno Dote: 7 F~B 1996 L~cen~ No. 1700~ 40 0 · " VACANT ~ ~_ c965;2 965. B/ CATCH BASIN ~ k~NHOLE \ (967.0) \ F,E,S,~ 40 D["~. CRIPTtON; Lot 20, 8k)ck 2, THE:: MF..ADOWS AT LONC~.CR[~ 2ND ADDiTiON, Top Of ;ton monument all shown [levotlon ,- 978.?~, (Chanha-sen Datum) GENERAL NOTES: I, ® - Denotes ;ton monument, 2. x890,0 - Denote~ ex;~ting spot clever;on. 3. x(890.0) - Denotfl proposed s~t elevation. 4,.,~,.,--- - Donate1 d;recl~on of ~urtoce Ora;sage. 5. Proposed garage floor m 980.5 (drop got, 1 course) 5, Proposed basement flo~' - 973.8 7, Propo~ecl tog of block 80 120 Feet ._~F'IR 28 "-~' 01 -' . ' ~ 52P1"1 LUHDC~iI~N BOS COHST. / ./ and //i : ~ated Lted Created 3.23 Acre Wetland PreserYet} -~ ,~,FR-,"~ [!3(I, ION} 11:15 GITY O~'"~H^N P, S. TEL:612 9x=~2524 CITY OF CHANHASSEN P, 00! INSPECTIONS DIVISION 7700 MARKET BLVD. * P.O. BO]K 147 * CHANHASSEN, MLNNESOTA 5531'/ (9:52) 227-1180 * FAX (952) 227.1190 /~- TooL OR STORAGE SI;[EDS_A~D PLAYIIOUSF, S "'"~-... /" ~O~ OVER 120 SO i!~_ ~ i~EET OF FLOOR AREA ~ 2, Su~m~ 2 copi~ of the lot ~urvey~ ~howing th~ lo¢.ri~n ef the shed m rel~ion to ~he property lme~. ~ TOOL OR STORAGE SKED, S_.A..ND PLAYItOUSES OVER 120__~_O~ARE FEET QF FLOOR A._RE4 Complete a permit application form. Submit 2 copies of the lot survey, sbowint (See setl: Submit 2 copies of the pl~s, showing the 1 Plans shall be drawn to scale and shall incl the location of the smd m relation to the propef~y lines. ack information on back) ~toposexi design and re. at, rial to be used nde rile following: A floor plan indicating the following: · Proposed shed size Foundation design. (Footings, Slab-on-grade, Foundation plate, Siz~ and sp~ing of beams and fl.c~brjoists, if any · Size o'f deckingdtlooring or slab tl~ckness, if any S~ze of headers Size and sp~:ing of roof rafters Cross section of' either a side view or 4rear view indicating the following: Foundation. ~ootmg, Slab<m-gr~e, Foundation plate, etc.) · Building to foundation/support att~Zhment Floor beam and joist size and ~pa~?ng Flooring rust, rial (see above) * Type(s) of sheathing and siding m [ttcrial * Size and spacing of roof rafters Pitch of roof A~.-28:O3!~ON) 11 !fi CITY O=,-CHAN P. S, TEL:B12 9~A, c2524 P. O02 (Contact thc plaaa~aS department for addi~ Chanhassen Zoning Otxiinance: Sec. 20-9 INFQI~MATION ionai information 952-227-1132) Accessory st'cuctures. detached accessoD, s~; except a dc~k, shall be loc&~'ed m the butldal:~le lot 1 //[ ~ama or ~uired m~ y~d. No ~c~o~ use or stature in any msi~fi~ ~ st~ '~] bc ]~ated in any ~qui~ front, ~ or ~ setback with ~be following cx~ptions: (1) M ~c RSF ~d R~ ~s~ets a~css~ s~c~s sh~i no~ exceed one thous~d (1,0~) ~uare feet, These s~s must ~ getback as follows: / ~a. ~ss than one h~ fo~ (140) squ~ feet, ~mmum ~ ~bet, b. One hundred forty-one (14]) to three hundred ninety-nine (399) squar~ feet, rmnimum rear setback is t~ (I0) feeT, c. Fo~ hun~d (~) ~u~ feet ~d abew, m~mm rear ~ctb<k is ~i~y (30) feet. d. ~nimm side y~d s~tb~ is ~n (I0) f~t. (2) On 'tip--an }o~, ~cd g~es and s~mge buil~ngs may be l~a~ in thc ~nt or re~ y~~ust comply ~fl~ ~on2 si~ ~d applicable o~n~' M~ wat~k set~d ~y not ~cupy (3) Tenni~.~ ~d s~ng .~ y~d ~tback of ~ (I0~ feet, [but] however, mus~ comply wi~ appBcable //o~n~ Mgh wamr mark setb~ "/~d~tached accessory structure: of any rear yard ~qay occupy not more than thirty (30) percent of the Rev. CITYOF 7700 Market Boulevard PO Box 147 Chaehassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 September 17, 2003 Khai and Heather Tran 7474 Moccasin Trail Chanhassen, MN 55317 Building Inspections Phone:952.227.1180 Fax:952.227.1190 Re: Relocation of Storage Shed Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Pho ne: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Dear Mr. and Mrs. Tran, It has come to our attention that your permit for a stora in error. The survey for the shed did not show the we submitted survey enclosed). The shed is located According to City Code, the wetland on your forty (40) wetland. This to be setback arc I have shed must be li of ten (10) property line. The shed must be property once feel free to contacl shed was approved (see copy of the ~. wetland setback. by a will need Public Works 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1 tl 0 Web Site www. ci.chanhassen.mn.us Respectfully, Enclosures The City of Chanhassen * A growing community wilh clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautilul parks. A g~eat place to live, work, and play. APR-- I 5--94 F R I 8--~59 P . 02 Con.louse Lon-0J~eratione DEFAI 'rMENT OF THE A MY ~NIb~MiU~00M~ done in eo~liance with tho enclosed ~a~lo~L~ ~L~ ~fldtt~fle ~d the I. ~ m£ctgacion for the ~rO~Oled wetland flit acttvity, the ~it~oo the ~l~ ii e~ttl~ "~o~onr ~leJii, ~er Bite, ~etland ~l and a. A~ the eouthwes2 end of the e4~s ad~icenC Co ~run~ High, ay 41, I b. At the DM~I~ throe ileal located Ln the southeast corner of onlarg~ bM a to~al of X.96 iCZil. The wetla~l ~ ~ c~eated it theme sl~s A P R-- 1 5-- 9 4 F R I 9~0 0 . P . 0 ~ mLlnt&lned &fou~d ~ O~ the ~ing ~. The mitigation week Ihall bo L~lo~nted prier to or concurrent vith the p~o~owe~ wtLand £111 activity. ~o~lcall~ u,,d for the ~Lg~t~n ~rk or ~ the dove~o~nt basins. Xf ~eded, an upX~ eto~wa~c ~ag~nt ~et~, ~ooatod for this pur~ee. mitLga~on mites a~ F~vide tho S~. ~lu~ Dietrich, ~rpm c~ %~inmmrm, w~h a . ~&rm~ ~e~rt a~ phot~=a~h, ibeX1 ~ m~i~Ced by ~ne 1, ~994, mn~ glob ~e~ oromio~ and sediment leading o~ ~he ve~lmnd ~ginm that ~uld ~ ~a~od'b~ rem~nmib~iicy co ~cain ~XX re~L~ ~%ate ~d l~il ~ltm and n~r~i~m AP R-- 1 5-- 9 4 F R I °mO 0 m P . 0 4 (612) 690 Co~iter O=Lv'e LO, ~x 147 Cha~ha.en, ~i~nelota SS317