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CAS-12_ZELLNER SETBACK VARIANCE - 7461 LONGVIEW CIRCLEThomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1360 Corporate Center Curve Suite 317 • Eagan, MN 55121 651452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Did: (651)13!-6222 E-maUAddress: sndson@ck4aw.com November 11, 2009 Ms. Kim Meuwissen RECEIVEn City of Chanhassen NOV 1 6 2009 7700 Market Boulevard P.O. Box 147 CITY OF CHANHASSEN Chanhassen, Minnesota 55317 RE: CHANHASSEN— MISC. RECORDED DOCUMENTS ➢ Variance 09-12 — Zellner Setback Variance at 7461 Longview Circle Planning Case No. 09-14 (Lot 1, Block 1, Western Hills 2°d Addition) Dear Kim: Enclosed for the City's files please find original recorded Variance 09-12 for a 4.1 foot front yard setback variance to construct an addition above a non -conforming structure on the above referenced property. The variance was recorded with the County on October 14, 2009 as Torrens Document No. T172814. Regards, CAMPBELL KNUTSON Professional Association S an R. Nelson gal(Assistant SRN:ms Enclosure Document No. OFFICE OF THE REGISTRAR OF TITLES T 172814 CARVER COUNTY, MINNESOTA Receipt # Cert. # 27748 Fee: $46.00 Certified Recorded on 10/14/2009 at 10:30 K9 AM [IPM 172811 1111110111111111 Reg strar of Hanson, CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, bHNNESOTA VARIANCE 09-12 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission as the Board of Adjustments and Appeals approves Planning Case 09-12 for a 4.1 -foot front yard setback variance to construct an addition above a non -conforming structure on Lot 1, Block 1, Western Hills SAddition. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: 2nd Lot 1, Block 1, Western Hills SHMMAddition 3. Condition. The variance approval is subject to the following condition: 1. The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: August 18, 2009 SCANNED CITY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, Todd Gerhardt, City Manager STATE OF MINNESOTA ) (as COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 3(Aay of 2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 u (_,)qOTAdeY PUBLIC ,.,�,... KAREN J. ENGELHARD 3 Notary Public -Minnesota �' My Commission Expires Jan 31, 2010 -7k ��mN� • CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/11/09 09-12 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/18/09 09-12 Zellner Setback Variance Lot 1, Block 1, Western Hills Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Richard & Chanin Zellner SIGNED: If enclosures are not as noted, kindly notify us at once. 227-1107 SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 09-12 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission as the Board of Adjustments and Appeals approves Planning Case 09-12 for a 4.1 -foot front yard setback variance to construct an addition above a non -conforming structure on Lot 1, Block 1, Western Hills Second Addition. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Western Hills Second Addition 3. Condition. The variance approval is subject to the following condition: 1. The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: August 18, 2009 CITY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, Mayo AND: *Z/s Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 3(Aay of 2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of C%anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. IJ7: �I� ��t��3� City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 2 / (_,/NOTARY PUBLIC = ,KAREN I-'NGELHARDT 3' Notary ?ublic-Minnesota �'—'' My Cammieeron Expres Jen 31. 2010 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952227,1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 9552.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard PIM: 952.227.1400 Fax: 952227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 IMeb Sh www.ci.chanhassennn.us August 24, 2009 Richard and Chanin Zellner 7461 Longview Circle Chanhassen, MN 55317 Re: Front Yard Setback Variance — Planning Case #09-12 Dear Mr. and Mrs. Zellner: This letter is to formally notify you that on August 18, 2009, the Chanhassen Planning Commission approved Planning Case 09-12 for a 4.1 -foot front yard setback variance from the 30 -foot front yard setback on Lot, Block 1, Western Hills 2°a Addition, located in the Planned Unit Development Residential (FUDR) District, for the construction of an addition above a non -conforming structure as shown on plans dated June 13, 2009. The variance is subject to the following condition: The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements. The variance is valid for one year from the approval date. A building permit must be applied for prior to August 18, 2010 through the City's building department. If you have any questions, please contact me at 952-227-1132 or by email at akaiiies@ci.chanhassen.mn.us. Sincerely, Angie Kairies Planner I c: Jerry Mohn, Building Official Building Permit File gAplanx2009 planning cases\09-12 Miner setback varianceVetter of appmval.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 09-IZ SCANNED 09-12- CITY F-12. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance for an addition above a non -conforming structure - Planning Case No. 09-12. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance from the 30 -foot required setback to construct an addition above a non- conforming structure at 7461 Longview Circle, located in the Planned Unit Development Residential District (PUD -R) on Lot 1, Block 1, Western Hills 2nd Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development Residential District (PUD -R). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 - 4 units per acre). 3. The legal description of the property is: Lot 1, Block 1, Western Hills 2nd Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. 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 criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The original building permit survey showed a 30 -foot front yard setback from the property line abutting Laredo Drive. Upon surveying the property for the proposed addition, the survey showed the house was built incorrectly with a 27.5 -foot front yard setback. A two-story single-family home is a permitted use in the PUD -R district and complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. SCANNED 1 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions uNon which this variance is based are applicable to all properties within the Western Hills 2 Addition (PUD -R). The stmcture on the subject site was built incorrectly and does not meet the 30 -foot required front yard setback. The structure was built 2.5 feet into the setback. The existing eaves encroach two feet into the setback as well and are also nonconforming. The proposed addition will not increase the footprint of the structure. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed addition is not based on the desire to increase the value of the home. The property owner's intent is to increase the livable area of the home. d. The alleged difficulty or hardship is not a self-created hardship. Finding: A two-story single-family home is a permitted use in the PUD -R district and the proposed addition complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement, the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. Literal enforcement of the code causes an undue hardship and is not a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a 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. The recommended proposal will not increase the existing front yard setback. The variance request is measured from the 18 -inch eaves, the existing eaves currently encroach two feet into the required setback. A two-story home is a permitted use within the PUD -R district and the proposed height is in compliance with the district regulations. f. 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 home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood 5. The planning report #09-12, dated August 18, 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure, on Lot 1, Block 1, Western Hills 2nd Addition, based on these findings of fact." ADOPTED by the Chanhassen City Council on this 18d' day of August, 2009. CHANHASSEN PLANNING COMA USSION BY: 24� is Chair g:lplan\2009 planning cases\09-12 zellner setback varianceTindings of fact.doc 09- 12- Chanhassen 2 Chanhassen Planning Commission — August 18, 2009 6. Structures shall not encroach into any easement except for the driveway connecting to the private street access. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: Kate Aanenson presented the staff report on this item. Laufenburger: Alright, thanks staff. Start with you Tom. Any questions for staff? Doll: This is just kind of a learning thing for me. Corner lots, are there typically, are they equal setbacks? You know usually there's a side and a front. Aanenson: Yeah, we consider the front, the true front is where your front door is, but when you're on a corner lot you have a 30 and a 30 so you have two fronts and then you have, so this would be, this side would require 30. This side would require also that, and then 10 and then. Generous: It's 10 on the other. Aanenson: 10 on the other. Generous: You have two sides and two fronts. Aanenson: Right. Doll: I have no further questions. Laufenburger: Okay. Kathleen, how about you? Thomas: Um, no I don't have any questions. Good with it. Laufenburger: Dan, any questions? Keefe: Yeah, you know just so I'm clear on this. If I'm looking at the color coded, yeah this one right here. The blue box has, is in the encroachment. If you go down to that corner. Aanenson: This little triangle piece is what's in the encroachment. Keefe: Yeah, is there an eave on the existing building that is causing that? Aanenson: No, that's the existing garage. 0 scuMMM Chanhassen Planning Commission — August 18, 2009 Keefe: Yeah, and but it's got a roof on it right? Aanenson: Yeah, Keefe: But it's got a roof on it right? Aanenson: Yeah, I do have a picture of the house as it sits now. There is an eaves that comes over that but that wouldn't count today. The 2 1/2 foot setback does not count today because you can encroach in the side yard but the foundation's still over. Keefe: Yeah, so the blue box as we're seeing it right there is the building, right? Aanenson: Correct. Correct. Keefe: Okay. Aanenson: Yeah, it's bigger than just the eaves. It cuts through the comer of that. About 17 square feet. Keefe: Okay, so really all they're talking about is just taking a building, that same building going up like that. Aanenson: Yep. Yep. Keefe: And then the, and is the roof configuration on the proposed similar to what it currently is or? Aanenson: It will have the same pitch. Over the front of the house. It will take that same pitch over the top of the garage with two windows. Keefe: Yeah, and so it's no more than it is today in total is it? Aanenson: Not really except for the second story. Keefe: Except for the height. Aanenson: And the eaves are going a little bit further into that. If you look at the orange, this is a little additional encroachment. Keefe: And is that more because it's. Aanenson: It's a foot and a half, right. Keefe: An architectural feature related to the scale of the building kind of? 0364im a U Chanhassen Planning Commission — August 18, 2009 Aanenson: That's correct. That's correct. Keefe: Ahight. Thank you. Laufenburger: Kevin, any questions? Dillon: No, I have no questions. This seems pretty simple and straight forward. Laufenburger: Ahight. Mark? Okay. I do have, staff has there been any, has there been any feedback from any neighbors? Aanenson: Yes we got some calls and explained to them what the variance was for and nobody objected to the variance. We did have a couple calls. Laufenburger: Alright, thank you. Is there an applicant for, is there an applicant present? Step up to the podium. State your name. Richard Zellner: I'm Richard Zellner, 7461 Longview Circle. Laufenburger: Welcome. Chanin Zellner: I'm Chanin Zellner. Laufenburger: Chanin, welcome. Richard Zellner: We have nothing really to add. You know entertain any questions you might have for us. Laufenburger: Okay. Any questions for the property owner and applicant? How long have you lived there? Richard Zellner: I've lived there since 1992. And then we've just been married for a little over a year now. Laufenburger: Happy anniversary. Richard Zellner: Thanks. Laufenburger: I guess no questions. Thank you very much. We will close the public hearing portion and bring it back to the commission members. Any questions or comments? Mark, start with you. Undestad: No, I think it looks good. Laufenburger: Kevin. 10 Chanhassen Planning Commission — August 18, 2009 Dillon: You know I don't. Laufenburger: Going to change your mind? Dillon: No I don't. The only other thing is, and it's not a topic for this but I'm wondering if at some point we should, is there a way like really simple things like this, do they need to come to the Planning Commission? I mean it's a topic for another day but. Aanenson: We can look at that at a work session. Dillon: Sometime I think that is, and we have an off line session we might want to talk about that. Aanenson: Sure. Laufenburger: Dan. Keefe: No. Laufenburger: Kathleen. Thomas: Looks good. Laufenburger: And Tom. Doll: Looks good to me. Laufenburger: Alright, I'll entertain a motion then. Keefe: I'll make a motion the Chanhassen Planning Commission acting as the Board of Adjustments and Appeals approves Planning Case 09-12 for a 4.1 foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2°d Addition based on the staff report and adoption of the attached Findings of Fact and Action. Laufenburger: We have a motion. Do we have a second? Thomas: Second. Laufenburger: Kathleen, thank you. Any further discussion? There being none. Keefe moved, Thomas seconded that the Chanhassen Planning Commission acting as the Board of Adjustments and Appeals approves Planning Case 09-12 for a 4.1 foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2°d Addition based on the staff report and adoption of the attached Findings of Fact and Action with the following condition: 11 Chanhassen Planning Commission — August 18, 2009 The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements. All voted in favor and the motion carried unanimously with a vote of 6 to 0. AUTO MOTORPLEX SITE PLAN AMENDMENT: REQUEST FOR AMENDMENT TO SITE PLAN PERMIT 2006-23. APPLICANT: BRUNO SILIKOWSIQ, PLANNING CASE 09-13. Generous: Thank you Mr. Chairman, commissioners. This is an amendment to an approved site plan located at 8200 Audubon Road. The amendment is to permit the inclusion of decks on the exterior of these storage facilities. It's planning case #09-13. Audubon, or Auto Motorplex, they've changed their name since the original came through, is a condominium style development where individuals buy units and belong to this association. As part of the development they have a club house, museum building located on the, in the central portion of the site but on the east side of there's a large open space on this property. The intention of the facility is to permit high end car owners to be able to store and work on their cars and be around other car enthusiasts. That was part of the original promotion of this site. At that time they were talking about having the club house and the museum where the members would meet and they were having to also talking about events where they'd have the cars come in and little shows on the site and this development has been evolving from the original approved site plan and right now the developer, or the owner is requesting that we amend the site plan to allow them to put two types of decks on this site. The D decks are the larger decks. They can be anywhere from 8 to 14 feet projecting out from the building and they would be on the side of the building so they could be just that one unit or someone could buy two units and they could go along the whole end. That would be located on the west side of one existing building and on the north sides of four buildings, two of which are there and two of which would come in the future. On the west side of the property these are unbuilt buildings. They would have smaller 6 foot wide decks. Part of that expansion there would also the developer would like the option to allow them to have roofs. The questions we have for the Planning Commission, ultimately City Council, is this expansion or extension of the use consistent with what was approved for the development and the use of it as a storage facility. Now when you come into the site, this is looking down, you can see the background. There's the Stone Creek development across the open space. This is approximately a quarter mile away from the club house building. I should say on that first one, on the north side of the building that would be one of the areas for one of the decks to be located. And additionally along that whole edge. Yeah, there's a door already there and I think they have a nailing strip on. But we held them up from going forward for Planning Commission and City Council review and approval of that as being consistent or not. Again as you're looking down this site is lower than the easterly portion of this site. Those are the two additional buildings locations that will develop in the future and they're on, building that one building on the left side. You can just see the middle of it. There's a small area where they put some balconies. Now we've made the distinction a balcony is treated more as an architectural feature. It adds interest to the site. It allows them to step out of their unit and look down at the cars below or the activity, but it doesn't provide a real space for them to sit down and have a social gathering. 12 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 08/18/2009 2:46 PM Receipt No. 0107548 CLERK: katie PAYEE: RICHARD ZELLNER 7461 LONGVIEW CIRCLE CHANHASSEN MN 55317 Planning Case 09-12 ------------------------------------------------------- GIS List 210.00 Total 210.00 Cash 0.00 Check Chanin Zellner 5051 210.00 Change 0.00 SCMINED C`/ -!Z City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 OF (952) 227-1100 To: Richard & Chanin Zellner 7461 Longview Circle Chanhassen, MN 55317 Invoice SALESPERSON DATE TERMS KTM 8/6/09 upon receipt 70 1 Property Owners List within 500' of 7461 Longview Circle (70 labels) TOTALDUE $3.00 1 $210.00 $210.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for August 18, 2009. Make check payable to: City of Chanhassen Please write the following code on your check: Planning Case #09-12. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI SCANNED Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN State of Minnesota) COUNTIES )SS. NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09.12 County of Carver y ) NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 18,1 2009, at 7:00 p.m. in the Council Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized Chambers in Chanhassen City Hall, agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- 7700 Market Blvd. The purpose of lager and has full knowledge of the facts herein stated as follows: this hearing is to consider a request for a setback variance on property (A) These newspapers have complied with the requirements constituting qualification as a legal zoned Single Family Residential located on Lot Block 1, newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Weste Western Hills 2nd Addition (7961 amended. Longview Circle). Applicant: Richard & Chanin Zellner. (B) The printed public notice that is attached to this Affidavit and identified as No.y�3 A plan showing the location of was published on the date or dates and in the newspaper stated in the attached Notice and said the proposal is available for public Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of review on the City's web site at the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both www.ei.chanhassen.mn.us/sery/ inclusive, and is hereby acknowledged as being the kind and size of type used in the composition plan/09-12 html or at City Hall during regular business hours. All and publication of the Notice: interested persons are invited to attend this public hearing and abcdefghiJklmnopgrstuvwxyz express their opinions with respect to this proposal. I „ , ,/-t,, ) Angie Kairies, Planner IBy: • Cl Email: akairies@ci.chanhassen.mn.us Laurie A. Hartrnann Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, August 6, 2009; No. 4233) Subscribed and sworn before me on this _0 day of 2009 JYMME J. BARK NOTARY PUBLIC - MINNESOTA My Commission Expires 01/31/2013 Notj P blic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter..............................................$12.43 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 18, 2009, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a setback variance on property zoned Planned Unit Development -Residential (PUD -R) located on Lot 1, Block 1, Western Hills 2nd Addition (7461 Longview Circle). Applicant: Richard & Chanin Zellner. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sere/plan/09-12.html or 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 Kairies, Planner I Email:akairies@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 6, 2009) SCANNED PROPOSED MOTION: "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2°a Addition, based on the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting a 4.1 -foot variance from the 30 -foot front yard setback for an addition above an existing non -conforming attached garage. LOCATION: 7461 Longview Circle %4 Lot 1, Block 1, Western Hills 2m Addition 1(1_0 APPLICANT: Richard and Chanin Zellner 7461 Longview Circle Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development Residential (PUDR) 2030 LAND USE PLAN: Residential -Low Density (1.2 — 4 units per acre) ACREAGE: 0.35 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The subject site is a corner lot. The house was built in 1976. The home was not built in the correct location as it does not meet the 30 -foot front yard setback on one of the street frontages. The homeowner would like to construct an addition above the existing garage. While the addition would not increase the footprint of the existing structure, the requested variance is measured from the eaves of the proposed structure. Therefore, the applicant is requesting a 4.1 -foot front yard setback variance. Staff is recommending approval of the variance request. SCANNED Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 2 of 5 ADJACENT ZONING: The adjacent properties are zoned Planned Unit Development Residential (PUD -R) and contain single-family homes. WATER AND SEWER: Water and sewer service is available to the site. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20 Division 4, Non -conforming uses or structures. • Western Hills PUD Design Standards. • Sec. 20-908. Yard regulations. BACKGROUND The property is located on Lot 1, Block 1, Western Hills 2°d Addition, which is zoned Planned Unit Development Residential (PUD -R). Western Hills 2°d Addition contains 13 lots and was platted in 1969. The subject property was developed in 1976. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 3 of 5 The site is a comer lot bordered by Longview Circle and Laredo Drive. City Code states the front yard setback requirements shall be observed on each street side of a comer lot, provided the remaining two yards meet the side yard setbacks. The survey on file, which was submitted with the original building permit, showed a 30 -foot setback from Laredo Drive, as shown on the right. When the homeowner had the property surveyed for the addition to the house, the foundation was actually built 2.5 feet into the required front yard setback resulting in a 27.5 -foot setback. Therefore, the house is currently a non -conforming structure. The existing eaves are also non -conforming as they encroach two feet into the required front yard setback. The proposed eaves are will encroach 18 inches. Section 20-72 of the Chanhassen City Code states that a non -conforming structure may be continued, through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Because the homeowner is proposing an expansion, the homeowner must request a variance to construct an addition above the garage. ANALYSIS The applicant would like to construct an addition above the existing garage, which was constructed 3.5 feet into the front yard setback abutting Laredo Drive. While the addition will not increase the existing footprint of the structure, it does not comply with the 30 -foot front yard setback requirement of the district. There is approximately 17 square feet of the structure encroaching into the front yard setback. The house is a non- conforming structure. The Chanhassen City Code prohibits the expansion of a non- conforming structure unless such expansion complies with City Code. _GO M M House 6 M 5 o� The applicant would like to construct an addition above the existing garage, which was constructed 3.5 feet into the front yard setback abutting Laredo Drive. While the addition will not increase the existing footprint of the structure, it does not comply with the 30 -foot front yard setback requirement of the district. There is approximately 17 square feet of the structure encroaching into the front yard setback. The house is a non- conforming structure. The Chanhassen City Code prohibits the expansion of a non- conforming structure unless such expansion complies with City Code. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 4 of 5 The addition above the garage is considered to be an expansion of the non -conforming setback; therefore, the applicant is requesting a variance to construct the addition above the garage. The City Code allows eaves to encroach into a required setback a maximum of two feet six inches. However, when a setback variance is requested, that allowance no longer applies and the variance request must be measured from the eaves. The footprint of the house is set back 27.5 feet. The existing eaves are two feet wide; the proposed addition will have 18 -inch eaves. Therefore, the applicant is requesting a 4.1 -foot front yard setback variance. The City Code states that a variance may be granted if the literal enforcement causes undue hardship and the property owner does not have reasonable use of the property, which includes comparable properties within 500 feet. Reasonable use within the Western Hills 2°d Addition PUD is described as a single-family home with a two -car garage, which is currently constructed on the property. The maximum height within the residential zoning district is three stories or 35 feet; the proposed addition will bring the height to 21 feet from grade. This is in compliance with the standards as outlined in the City Code and is otherwise a permitted use in the district. If the home were built in compliance with the 30 -foot front yard setback, a variance would not be necessary; only a building permit would be required for the addition. In order for the addition to comply with the 30 -foot setback requirement, the owner would be required to step back the proposed addition 2.5 feet in the rear comer (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action: "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2°d Addition, Zenner Variance Request Planning Case 09-12 August 18, 2009 Page 5 of 5 based on the staff report and adoption of the attached Findings of Fact and Action, with the following condition: The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements." 1. Findings of Fact and Action. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Public Hearing Notice and Affidavit of Mailing. gAplan\2009 planning cases\09-12 zeMer setback variance\staff reportdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance for an addition above a non -conforming structure — Planning Case No. 09-12. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance from the 30 -foot required setback to construct an addition above a non- conforming structure at 7461 Longview Circle, located in the Planned Unit Development Residential District (PUD -R) on Lot 1, Block 1, Western Hills 2"d Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development Residential District (PUD -R). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lot 1, Block 1, Western Hills 2"d Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. 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 criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The original building permit survey showed a 30 -foot front yard setback from the property line abutting Laredo Drive. Upon surveying the property for the proposed addition, the survey showed the house was built incorrectly with a 27.5 -foot front yard setback. A two-story single-family home is a permitted use in the PUD -R district and complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. 1 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties within the Western Hills 2 Addition (PUD -R). The structure on the subject site was built incorrectly and does not meet the 30 -foot required front yard setback. The structure was built 2.5 feet into the setback. The existing eaves encroach two feet into the setback as well and are also non -conforming. The proposed addition will not increase the footprint of the structure. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed addition is not based on the desire to increase the value of the home. The property owner's intent is to increase the livable area of the home. d. The alleged difficulty or hardship is not a self-created hardship. Finding: A two-story single-family home is a permitted use in the PUD -R district and the proposed addition complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement, the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. Literal enforcement of the code causes an undue hardship and is not a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a 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. The recommended proposal will not increase the existing front yard setback. The variance request is measured from the 18 -inch eaves, the existing eaves currently encroach two feet into the required setback. A two-story home is a permitted use within the PUD -R district and the proposed height is in compliance with the district regulations. f. 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 home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. 5. The planning report #09-12, dated August 18, 2009, prepared by Angie Kairies, et al, is incorporated herein. 2 ACTION "The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure, on Lot 1, Block 1, Western Hills 2nd Addition, based on these findings of fact." ADOPTED by the Chanhassen City Council on this 18t" day of August, 2009. CHANHASSEN PLANNING COMMISSION 1W Its Chair gApkrA2009 phmning cases\09-12 zellner setback varianceV'indings of facldoc CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION r•nrry 1 it Name and _34toi LCNL,-v r - vu c,<cL�E C h •`1N It 4-�1 t -W Jt/) N S 5 1-7 Contact: C Phone:c\S14stu\ti\o Fax: Email: mwmoj7Eu9j&) VAH ., Drv� Planning Case No. l _ 'CITY OF CHANHASSEN RECEIVED 'JUN 17 209 CfthAsSEN PL~* DRT t)wner Name ana Aaaress: C -- , Contact: ;Z\c_tALi> zF�NER [Rrck Phone: Cr \ 2---5i u )ss Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) K Variance (VAR) 7_0 & Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment v_ Notification Sign 7#0 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" tlgo CUP/SPRNACNAR/WAP/Metes & Bounds 450 Minor SUB TOTAL FEE $ cLt:�U` LX --A _C5O An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2' X 11" reduced copy for each plan sheet along with a digital coat/ in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 1'_-' PROJECT NAME: NIA LOCATION: 141,.o� l_o WGQt E W Cit, C k1 t\N rlAss l= N oMN LEGAL DESCRIPTION AND PID: 11� DYD# 2 5^$S 200 i� SEC.? f Q ?W P -'I I Lo i—RlJ6-E'CJ23 w-r-ou 'ib LoLe-od wGS1 N l+t�LS 2ND A'7�\\IJhI TOTALACREAGE: 35 WETLANDS PRESENT: YES YC NO PRESENTZONING: ZESID'Vit-J?1AL REQUESTED ZONING: Q Est DLA IA L PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: t -AL REASON FOR REQUEST: 'Tlilr 1!�g15T1Nts C-ARA6E F@tt�1DRTtnN EN�P�RCi+ES TL}f_ Src�()Ad. -bY 5 lPeE W1_ W14, J4 TLD 3utLD A Seco 2-10M AEn\'>= -rnC C—F\q-- S- c-->221An/ A puE to -rwr= Ex1STtNb �t�tLORcttrV�EIVT c2C—f4�E) W'Vk ^rNE +-4ivxs E \0 A1b FOR SITE PLAN REVIEW: Include number of existing employees: N and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. C4L, vu, I 2zOG1.c, Signature of Appli Signature of Fee Owner -7-,-7 -9 Date Date SCANULD GAPLAMFormsTevelopment Review Application.DOC Rev. 1/08 July 17, 2009 To Whom It May Concern: We are planning to build a new garage and a second story on the existing foundation located at 7461 Longview Circle in Chanhassen. The setback of the northeast comer of the current garage slab is currently at 27.5 feet instead of the required 30 feet. According to the City of Chanhassen Planning Department, there is a minor 17 square foot encroachment that was created when the house was built in 1976. We are NOT planning to increase the encroachment at ground level. There are many houses on our street and in the near vicinity that have living space above the garage. The addition we are planning to build is not unusual for this neighborhood. It seems that if the builder and the City of Chanhassen officials had dealt with the encroachment 32 years ago, we would not be in a position of having to pay for and request a very minor variance now that does not even increase the current encroachment at ground level. This is not a self created hardship in any possible way. We are expanding our house because we have a blended family that includes five teenage children, and we need additional space. We intend to live in this house for many years to come! The construction of our second story will not have a negative affect upon any other house in our neighborhood as we have a comer lot and the minor area of the existing encroachment faces Laredo Drive. Once the addition is completed, the property values of other houses in the neighborhood could potentially increase as the value of our house will substantially increase, and it will be much more aesthetically pleasing. And, as this is the corner lot at the entry of the street, we are quite certain our neighbors will be extremely happy with the improvements made to our house. The exterior materials to be used are not exactly determined, but we expect to use either vinyl siding or fiber cement siding, perhaps with stone or cedar shake accents. In summary, we are building a second story on an existing foundation. We are NOT planning to increase the existing encroachment at ground level. This addition will have no negative impact upon any neighbors or the general public. Sincerely, Rick and Chanin Zellner SCANf4LU W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.L.S. Bloomington, MN 55425 Survey For. President Phone (952) 854-4055 Fax (952) 854-4268 RICK AND CHANIN ZELLNER — —Ms- I I Im �I I n T tw 41 L -U I I BENCHMARKS: o' sloEvu+O s",cx ui E /7461 / rRONr plmrr-991.6 / eV x990A \'a o\ • MHCB-64 Elevation - 989.63 (From City of Mpls) # Nall in Tree Elevation = 991.50 (SW Comer of Intersection) c — uE 0 ,900.0 x9a0A1c Legend a,Mw9ruund Goo uMavmund rlN,i Power Pole coowot. curo Uodio9 soot u tion Too of curo spot Elwa4an SCALE: 1"=20' • ae,otes b Yon,ment Fwntl 0 o•wt.. Iron uonument set N86-1 0'52"E _-166.33 plat - — l J 1 x � o x985.6 C x987.1 xsaox � i \� _ufIP60 5 x964 —1490.5 35 6 C �i60° x9872 "652-- 0%, 965? - — NOTE: No monuments could be set along front right-of-way ARS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2.537.1 sf = 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am o duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND /S�1RVEYING, INC. 72-09 Dated:7-/3�9 RU. 59-08 Woodrow A. Brown, R.LS NO. 15230 99/71 99/)1 I of 1 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 6, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Zellner Variance Request — Planning Case 09-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ( 1^ day of2009. —T. ' NotaryPu is #-%N�KM T! . MEUWISSEN ary Public -Minnesota t' Ymmission Expires Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start • until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a setback variance on property zoned Single Family Request for a setback variance on property zoned Single Family Residential RSF Applicant: Richard and Chanin Zellner Property 7461 Longview Circle Location: (Lot 1, Block 1, Western Hills 2nd Addition) (Lot 1, Block 1, Western Hills 2 Addition) A location map Is on the reverse side of this notice. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/sere/olan/09-12.htmI. If you wish to www.ci.chanhassen.mn.us/serv/plan/09-12.html. If you wish to talk to someone about this project, please contact Angie talk to someone about this project, please contact Angie Kairies by email at akairies@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available Commission. The staff report for this Item will be available online on the project web site listed above the Thursday online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time• Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start • until later in the evening, depending on the order of thea endo. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a setback variance on property zoned Single Family Proposal: Residential RSF Applicant: Richard and Chanin Zellner Property 7461 Longview Circle Location: (Lot 1, Block 1, Western Hills 2 Addition) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens W Wthe 1 • Staff will give an overview of the proposed project. Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/09-12.html. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included In the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. ADRIAN W & KELLI E BAINES ALBERT S & DIANNE R PRENTICE ALFRED H & JANE M CLAGUE 502 DEL RIO DR 7402 LAREDO DR 7226 FRONTIER TRL CHANHASSEN MN 55317-9785 CHANHASSEN MN 55317-9781 CHANHASSEN MN 55317-9782 BARBARA LEE KASPER 411 CIMARRON CIR CHANHASSEN MN 55317-9776 BRIAN J SEMIRA & MELISSA L CARON SEMIRA 509 LAREDO LN CHANHASSEN MN 55317-9788 CHARLES C & BONNIE B COFFEE 7474 SARATOGA DR CHANHASSEN MN 55317-9771 CONRAD & ODELIA WINKEL TRUSTEES OF TRUST 505 HIGHLAND DR CHANHASSEN MN 55317-9789 DAVID F & JANICE K ROME 2865 AUTUMN WOODS DR CHASKA MN 55318-1146 DAVID ROYAL EVAVOLD 501 LAREDO LN CHANHASSEN MN 55317-9788 EDWARD L & LINDA J GINSBACH 7381 LONGVIEW CIR CHANHASSEN MN 55317-7905 BONNIE J GAMLIN 14084 DEARBORN PATH ROSEMOUNT MN 55068-5039 BRUCE L & REBECCA GRANOWSKI 504 DEL RIO DR CHANHASSEN MN 55317-9785 CHRISTINA M THIELBAR 7510 LAREDO DR CHANHASSEN MN 55317-9769 CRAIG & LARIE ANDERSON 519 LAREDO LN CHANHASSEN MN 55317-9788 DAVID L & KAREN M RICE 7440 LONGVIEW CIR CHANHASSEN MN 55317-9797 DEREK M FAUTSCH 521 LAREDO LN CHANHASSEN MN 55317-9788 ELMER R AAGARD 7471 SARATOGA DR CHANHASSEN MN 55317-9771 FEDERAL HOME LOAN MTGE CORP GEORGE & LEAH LUCAS 1410 SPRING HILL RD 22102-3002 410 CIMARRON CIR MCLEAN VA 2 MAIL STOP CHANHASSEN MN 55317-9776 JACOB & BRANDY ANFANG JAMES C & KATHRYN C MURPHY 413 CIMARRON CIR 502 HIGHLAND DR CHANHASSEN MN 55317-9776 CHANHASSEN MN 55317-9789 BRENT A & KIMBERLY A MAHER 7407 LAREDO DR CHANHASSEN MN 55317-9781 CHARLES & JEAN ROBBINS 7340 LONGVIEW CIR CHANHASSEN MN 55317-7905 CHRISTOPHER JOHN LAYEUX & SUSAN J LAYEUX 413 DEL RIO DR CHANHASSEN MN 55317-9777 CURTIS J SOLIE 7473 SARATOGA DR CHANHASSEN MN 55317-9771 DAVID R & JENNIFER K KLITZKE 412 DEL RIO DR CHANHASSEN MN 55317-7902 DWIGHT D & ROSEMARIE KONING 7361 LONGVIEW CIR CHANHASSEN MN 55317-7905 EUGENE A & JANE F FOURNIER 507 HIGHLAND DR CHANHASSEN MN 55317-9789 HONG CA 1738 VALLEY RIDGE TRL N CHANHASSEN MN 55317-8415 JEFFREY D & CHRISTINA A STURM 504 LAREDO LN CHANHASSEN MN 55317-9788 JERROLD L PETERSON & JENNIFER J CLARK SARA A GEISER-PETERSON JOHN & RAGAN 510 LAREDO LN 7367 LONGVIEW CIR CHANHASSEN MN 55317-9788 7360 LONGVIEW CIR CHANHASSEN MN 55317-7905 CHANHASSEN MN 55317-7905 JOHN E CARLSON & JOHN L GOSNEY & & PAULA A BRADEN R JOHN JR ALEXIS C SIEGEL-CARLSON ELEANOR R DEAN 502 N RJR LN 411 HIGHLAND DR 7401 LONGVIEW CIR CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9790 CHANHASSEN MN 55317-9797 JOSEPH M HOESCHEN JUSTIN & MERILEN BIKERS KATHERINE ROALSTAD 511 LAREDO LN 512 LAREDO LN 513 LAREDO LN CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9788 KELLY AN & FROYD SUSAN K FROYD LADINN & SANG M HAK LOREN TRISCO 504 HIGHLAND DR 7468 SARATOGA DR 7406 LAREDO DR CHANHASSEN MN 55317-9781 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9771 MICHAEL J & VIRGINIA J BAILEY MICHELLE D SMITH NICHOLAS R WELLIVER & 7472 SARATOGA DR 7487 SARATOGA CIR SUSAN J & ROBERT T WELLIVER CHANHASSEN MN 55317-9771 CHANHASSEN MN 55317-9771 7493 SARATOGA CIR CHANHASSEN MN 55317-7900 NORMAN M & KRISTIN FRISBIE PATRICIA A OBERG & PATRICK J KERBER 7460 LONGVIEW CIR RANDALL D DAHLK 7489 SARATOGA CIR CHANHASSEN MN 55317-9797 7266 FAWN HILL RD CHANHASSEN MN 55317-7900 CHANHASSEN MN 55317-8435 PAUL & ELLEN DIFFERDING PAUL L & TERRY L SNETTING PETER D & JILL M SCHMIDT 7228 FRONTIER TRL 506 HIGHLAND DR 500 HIGHLAND DR CHANHASSEN MN 55317-9782 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9789 RAYMOND G & RAMONA A NEAMAN RICHARD & SANDRA M VADNAIS RICHARD ALLEN & GAYEN J COOK 501 DEL RIO DR PO BOX 416 503 HIGHLAND DR 7421 LONGVIEW CIR CHANHASSEN MN 55317-0416 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9797 RICHARD D ZELLNER RICHARD R & JANET CLEVELAND ROBERT G & DIANNE M WICHTERMAN 7461 LONGVIEW CIR 7380 LONGVIEW CIR 8629 CHANHASSEN HILLS DR N CHANHASSEN MN 55317-9797 CHANHASSEN MN 55317-7905 CHANHASSEN MN 55317-9651 ROBERT W & BARBARA L MCCURDY RONALD J & CHERYL M PALMER SCOTT & REBECCA M RUNQUIST 7480 LONGVIEW CIR 1111 SWALLOW AVE #602 520 LAREDO LN CHANHASSEN MN 55317-9797 MARCO ISLAND FL 34145-8428 CHANHASSEN MN 55317-9788 SHARON L DUGSTAD SHAWN KELLY HAWS STEPHEN M & SUSAN R SAUTER 7476 SARATOGA DR 505 LAREDO LN 7441 LONGVIEW CIR CHANHASSEN MN 55317-9771 CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9797 STEPHEN TERSTEEG JR 506 LAREDO LN CHANHASSEN MN 55317-9788 THOMAS & ELEANOR J KOTTKE 518 LAREDO LN CHANHASSEN MN 55317-9788 TIMOTHY A HAUNTY & TAR] K HAUNTY 7470 SARATOGA DR CHANHASSEN MN 55317-9771 STEVEN M CAUDILL 501 HIGHLAND DR CHANHASSEN MN 55317-9789 THOMAS & VALERIE A MCCARTHY 7404 LAREDO DR CHANHASSEN MN 55317-9781 VINCENT R & CYNTHIA A JOHNSON 7469 SARATOGA DR CHANHASSEN MN 55317-9771 TAMIN MARIE CARLSON 410 DEL RIO DR CHANHASSEN MN 55317-7902 TIMOTHY & SUSAN THOMPSON 7400 LONGVIEW CIR CHANHASSEN MN 55317-9797 FRONT ELEVATION SALE 1M�1'{f FRED'S i on� n oEscM uc RICK @ CHANIN ZELLNER RESIDENCE AffimflL sw.m� ae�.rv�a �m i�ix:.wE.a�rs�uao ema w-�u-Esm •w�.c urc�su-cwsmuniw.ccu PROPOSED MOTION: "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2"d Addition, based on the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting a 4.1 -foot variance from the 30 -foot front yard setback for an addition above an existing non -conforming attached garage. LOCATION: 7461 Longview Circle t4 Lot 1, Block 1, Western Hills 2"d Addition APPLICANT: Richard and Chanin Zellner 7461 Longview Circle Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development Residential (PURR) 2030 LAND USE PLAN: Residential -Low Density (1.2 — 4 units per acre) ACREAGE: 0.35 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The subject site is a corner lot. The house was built in 1976. The home was not built in the correct location as it does not meet the 30 -foot front yard setback on one of the street fin ntages- The OOPn homeowner would like to construct an addition above a existing garage. While the addition would not increase the footprint of the existing structure, the requested variance is measured from the eaves of the proposed structure. Therefore, the applicant is requesting a 4.1 -foot front yard setback variance. Staff is recommending approval of the variance request. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 2 of 5 ADJACENT ZONING: The adjacent properties are zoned Planned Unit Development Residential (PUD -R) and contain single-family homes. WATER AND SEWER: Water and sewer service is available to the site. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20 Division 4, Non -conforming uses or structures. • Western Hills PUD Design Standards. • Sec. 20-908. Yard regulations. BACKGROUND The property is located on Lot 1, Block 1, Western Hills 2°d Addition, which is zoned Planned Unit Development Residential (PUD -R). Western Hills 2' Addition contains 13 lots and was platted in 1969. The subject property was developed in 1976. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 3 of 5 The site is a comer lot bordered by Longview Circle and Laredo Drive. City Code states the front yard setback requirements shall be observed on each street side of a comer lot, provided the remaining two yards meet the side yard setbacks. The survey on file, which was submitted with the original building permit, showed a 30 -foot setback from Laredo Drive, as shown on the right. When the homeowner had IN the property surveyed for the addition to the house, the foundation was actually built 2.5 feet into the required front yard setback resulting in a 27.5 -foot setback. Therefore, the house is currently a non -conforming structure. The existing eaves are also non -conforming as they encroach two feet into the required front yard setback. The proposed eaves are will encroach 18 inches. Section 20-72 of the Chanhassen City Code states that a non -conforming structure may be continued, through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Because the homeowner is proposing an expansion, the homeowner must request a variance to construct an addition above the garage. ANALYSIS The applicant would like to construct an addition above the existing garage, which was constructed 3.5 feet into the front yard setback abutting Laredo Drive. While the addition will not increase the existing footprint of the structure, it does not comply with the 30 -foot front yard setback requirement of the district. There is approximately 17 square feet of the structure encroaching into the front yard setback. The house is a non- conforming structure. The Chanhassen City Code prohibits the expansion of a non- conforming structure unless such expansion complies with City Code. . v 000 , .. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 4 of 5 The addition above the garage is considered to be an expansion of the non -conforming setback; therefore, the applicant is requesting a variance to construct the addition above the garage. The City Code allows eaves to encroach into a required setback a maximum of two feet six inches. However, when a setback variance is requested, that allowance no longer applies and the variance request must be measured from the eaves. The footprint of the house is set back 27.5 feet. The existing eaves are two feet wide; the proposed addition will have 18 -inch eaves. Therefore, the applicant is requesting a 4.1 -foot front yard setback variance. The City Code states that a variance may be granted if the literal enforcement causes undue hardship and the property owner does not have reasonable use of the property, which includes comparable properties within 500 feet. p �°+ 0 7.0 1 N w x o Asn 6 9gp. \ 998.6x ' -4JR-easonable use within the Western Hills 2"d Addition PUD is described as a single-family home 1 with a two -car garage, which is currently constructed on the property. The maximum height within the residential zoning district is three stories or 35 feet; the proposed addition will bring the height to 21 feet from grade. This is in compliance with the standards as outlined in the City [n Code and is otherwise a permitted use in the district. If the home were built in compliance with the 30 -foot front yard setback, a variance would not be necessary; only a building permit would be required for the addition. In order for the addition to comply with the 30 -foot setback requirement, the owner would be required to step back the proposed addition 2.5 feet in the rear comer (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action: "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2°d Addition, Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 5 of 5 based on the staff report and adoption of the attached Findings of Fact and Action, with the following condition: The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements." ATTACHMENTS 1. Findings of Fact and Action. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Public Hearing Notice and Affidavit of Mailing. gAplan\2009 planning casesW9-12 zellner setback vaoance\staff reportAcc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance for an addition above a non -conforming structure — Planning Case No. 09-12. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance from the 30 -foot required setback to construct an addition above a non- conforming structure at 7461 Longview Circle, located in the Planned Unit Development Residential District (PUD -R) on Lot 1, Block 1, Western Hills 2"d Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development Residential District (PUD -R). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lot 1, Block 1, Western Hills 2"d Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. 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 criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The original building permit survey showed a 30 -foot front yard setback from the property line abutting Laredo Drive. Upon surveying the property for the proposed addition, the survey showed the house was built incorrectly with a 27.5 -foot front yard setback. A two-story single-family home is a permitted use in the PUD -R district and complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement the owner would be required to step back the proposed addition 2.5 feet in the rear comer (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. 1 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditionsu�on which this variance is based are applicable to all properties within the Western Hills 2 Addition (PUD -R). The structure on the subject site was built incorrectly and does not meet the 30 -foot required front yard setback. The structure was built 2.5 feet into the setback. The existing eaves encroach two feet into the setback as well and are also non -conforming. The proposed addition will not increase the footprint of the structure. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed addition is not based on the desire to increase the value of the home. The property owner's intent is to increase the livable area of the home. d. The alleged difficulty or hardship is not a self-created hardship. Finding: A two-story single-family home is a permitted use in the PUD -R district and the proposed addition complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement, the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. Literal enforcement of the code causes an undue hardship and is not a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a 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. The recommended proposal will not increase the existing front yard setback. The variance request is measured from the 18 -inch eaves, the existing eaves currently encroach two feet into the required setback. A two-story home is a permitted use within the PUD -R district and the proposed height is in compliance with the district regulations. f. 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 home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. 5. The planning report #09-12, dated August 18, 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure, on Lot 1, Block 1, Western Hills 2nd Addition, based on these findings of fact." ADOPTED by the Chanhassen City Council on this 18th day of August, 2009. CHAN14ASSEN PLANNING COMMISSION Rw Its Chair g:\plan\2009 planning cases\09-12 zellner setback variance0;ndings of fact.doc CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION e and Address: 7410t LCrou-vl u I c %2c L�E C h Ntil it Contact: c 11R`.n Lt�wr 2 Phone:�\524slutgto Fax: Email: Planning Case No. 0 l — I CITY OF CHANHASSEN RECEIVED 'JUN 17 "2009 t MHASSEN PLANNING DEPT 1ZK.lFi�QD "ZE�.�—ti ER 74L1 ��Nc•vrEw c �`��t_E C v R 5_ N Contact: ;?\GNAR-D ZG-t_1E12 C2tCk Phone: C9+2-zst o is5 Fax: Email: (Zvuczt: LL-NEQ a Aw> .Q cowN NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) K Variance (VAR) 0 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment y Notification Sign 7F00 (City to install and remove) X Escrow for Filing Fees/Attorney Cost** ($5q CUP/SPRNACNARANAP/Metes & Bounds - $450 Minor SUB c� TOTAL FEE $ crC_A _-sC:�5Q An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: �A LOCATION: -1'-41.0\ t -o N6ViEW CiZ Ctt AN Ii ASiPN AA N) LEGAL DESCRIPTION AND PID: LOT S E, ---t f Q ?Yv P-11 Le �-RP6-F--723 VT-ou itJLOL4-Ud 2t.P rVi- 113N TOTALACREAGE: .35 WETLANDS PRESENT: YES X NO PRESENTZONING: ,Z�StDct`iTIA+, REQUESTED ZONING: Est al�l�i CIAf- PRESENT LAND USE DESIGNATION: SESNT�f�L REQUESTED LAND USE DESIGNATION:�E �.Dr-- S t -At - REASON FOR REQUEST: 1-0 t"ztt rTjNv (-PAP6E: 'Fo, A bh-1-ta1J ENc"ACttE S -Cbe sG�6AGk b�\i ')--5 F-EE7k- \.j j- WtSN -rD 53utL_D A SECANT) S l G9-� Apx:\"F -the G�4-- - ver RRE R-Eeu1R6ISI-L 0P:5XA\ t - A JRIZ-1Rwcic- Lo —, *r, Ex\%TtN6- �-tWP-ONctt+vvENT C2C--ATE) \lj%Av-N -CNE kAtus E *JAS IN vG-Ib - FOR SITE PLAN REVIEW: Include number of existing employees: N and new employees: N 4 This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. CA, J W1 2 o(�KC, Signature of ApplicF0 " Signature of Fee Owner -7-o Date Date SCANNED G:tPLANTormstDevelopment Review Application.DOC Rev. 1/08 July 17, 2009 To Whom It May Concern: We are planning to build a new garage and a second story on the existing foundation located at 7461 Longview Circle in Chanhassen. The setback of the northeast corner of the current garage slab is currently at 27.5 feet instead of the required 30 feet. According to the City of Chanhassen Planning Department, there is a minor 17 square foot encroachment that was created when the house was built in 1976. We are NOT planning to increase the encroachment at ground level. There are many houses on our street and in the near vicinity that have living space above the garage. The addition we are planning to build is not unusual for this neighborhood. It seems that if the builder and the City of Chanhassen officials had dealt with the encroachment 32 years ago, we would not be in a position of having to pay for and request a very minor variance now that does not even increase the current encroachment at ground level. This is not a self created hardship in any possible way. We are expanding our house because we have a blended family that includes five teenage children, and we need additional space. We intend to live in this house for many years to come! The construction of our second story will not have a negative affect upon any other house in our neighborhood as we have a corner lot and the minor area of the existing encroachment faces Laredo Drive. Once the addition is completed, the property values of other houses in the neighborhood could potentially increase as the value of our house will substantially increase, and it will be much more aesthetically pleasing. And, as this is the corner lot at the entry of the street, we are quite certain our neighbors will be extremely happy with the improvements made to our house. The exterior materials to be used are not exactly determined, but we expect to use either vinyl siding or fiber cement siding, perhaps with stone or cedar shake accents. In summary, we are building a second story on an existing foundation. We are NOT planning to increase the existing encroachment at ground level. This addition will have no negative impact upon any neighbors or the general public. Sincerely, Rick and Chanin Zellner SCANNIO W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, RLS. Phone �(952)BloomM854-4055 N 55425 Survey For: President Fax (952) 854-4268 RICK AND CHANIN ZELLNER I r-\ T Im 5 r I L -U I I 1 --- 37.1 Legend — G Underground Gos —UE Underground Electdc Pok ZwerPo acer, cern .909.0 E.zsm,9 Spot 0motm, x900.on Jfk an_t • Denotes Loo Monument Fou -I •990.0 BENCHMARKS: # MHCB-64- Elevation — 989.63 (From Cty of Mpls) # Nail in Tree Elevation = 991.50 (SW Comer of Intersection) 72-09 REF. 159-W 99/71 SOEYNiD SElabt 111E j7K1 RKIPM O —991.6 n / — \ \ 99Gev -- L —x 7—x e o _—x e9A SCALE 1'=20' eMNLA LOVE .xee.1 �as�/ �irfla� x999 A' - .9872 xy852 — NOTE: No monuments could be set along front right-of-way AREAS: because of street project Lot = 15.278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2.537.1 sf 16.65 NOTE: No Search Was Made For Any PROPERLY DESCRIPTION Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. 1 hereby certify that this survey, plan or report wos prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND yRVEYING, INC. Dated:7—/3g9 Woodrow A. Brown, R.L.S NO. 15230 1 a 1 Legend — G Underground Gos —UE Underground Electdc Pok ZwerPo acer, cern .909.0 E.zsm,9 Spot 0motm, x900.on Top of CIA, Spot aeweon • Denotes Loo Monument Fou -I O Denotes Iron Monument Set -- L —x 7—x e o _—x e9A SCALE 1'=20' eMNLA LOVE .xee.1 �as�/ �irfla� x999 A' - .9872 xy852 — NOTE: No monuments could be set along front right-of-way AREAS: because of street project Lot = 15.278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2.537.1 sf 16.65 NOTE: No Search Was Made For Any PROPERLY DESCRIPTION Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. 1 hereby certify that this survey, plan or report wos prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND yRVEYING, INC. Dated:7—/3g9 Woodrow A. Brown, R.L.S NO. 15230 1 a 1 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 6, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Zellner Variance Request — Planning Case 09-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me this (d4- day of c. , 2009. ` 1 NotaryPub is j'7,Q IT. MEUWISSEN tary Public -Minnesota ommission Expires Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a setback variance on property zoned Single Family Residential RSF Applicant: Richard and Chanin Zellner Property 7461 Longview Circle Location: (Lot 1, Block 1, Western Hills 2nd Addition) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/sery/plan/09-12.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • Minnesota State Statute 519,99 requires all applications to be processed within 50 days unless the applicant waives this standard. Some applications due to their complexity may lake several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 p.m. This hearing may not start until later In the evening,depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a setback variance on property zoned Single Family Residential RSF Applicant: Richard and Chanin Zellner Property 7461 Longview Circle Location: (Lot 1, Block 1, Western Hills 2"d Addition) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ei.chanhassen.mn.us/sery/plan/09-12.html. if you wish to talk to someone about this project, please contact Angie Kairies by email at akairiesOci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council, If you wish to have somethin to be included in the report, lease contact the Planning Staff person named on the notltication. ADRIAN W & KELLI E BAINES ALBERT S & DIANNE R PRENTICE ALFRED H & JANE M CLAGUE 502 DEL RIO DR 7402 LAREDO DR 7226 FRONTIER TRL CHANHASSEN MN 55317-9785 CHANHASSEN MN 55317-9781 CHANHASSEN MN 55317-9782 BARBARA LEE KASPER 411 CIMARRON CIR CHANHASSEN MN 55317-9776 BRIAN J SEMIRA & MELISSA L CARON SEMIRA 509 LAREDO LN CHANHASSEN MN 55317-9788 CHARLES C & BONNIE B COFFEE 7474 SARATOGA DR CHANHASSEN MN 55317-9771 CONRAD & ODELIA WINKEL TRUSTEES OF TRUST 505 HIGHLAND DR CHANHASSEN MN 55317-9789 DAVID F & JANICE K ROME 2865 AUTUMN WOODS DR CHASKA MN 55318-1146 DAVID ROYAL EVAVOLD 501 LAREDO LN CHANHASSEN MN 55317-9788 EDWARD L & LINDA J GINSBACH 7381 LONGVIEW CIR CHANHASSEN MN 55317-7905 BONNIE J GAMLIN 14084 DEARBORN PATH ROSEMOUNT MN 55068-5039 BRUCE L & REBECCA GRANOWSKI 504 DEL RIO DR CHANHASSEN MN 55317-9785 CHRISTINA M THIELBAR 7510 LAREDO DR CHANHASSEN MN 55317-9769 CRAIG & LARIE ANDERSON 519 LAREDO LN CHANHASSEN MN 55317-9788 DAVID L & KAREN M RICE 7440 LONGVIEW CIR CHANHASSEN MN 55317-9797 DEREK M FAUTSCH 521 LAREDO LN CHANHASSEN MN 55317-9788 ELMER R AAGARD 7471 SARATOGA DR CHANHASSEN MN 55317-9771 FEDERAL HOME LOAN MTGE CORP GEORGE & LEAH LUCAS 1410 SPRING HILL RD 22102-3002 410 CIMARRON CIR MCLEAN VA 2 MAIL STOP CHANHASSEN MN 55317-9776 JACOB & BRANDY ANFANG JAMES C & KATHRYN C MURPHY 413 CIMARRON CIR 502 HIGHLAND DR CHANHASSEN MN 55317-9776 CHANHASSEN MN 55317-9789 BRENT A & KIMBERLY A MAHER 7407 LAREDO DR CHANHASSEN MN 55317-9781 CHARLES & JEAN ROBBINS 7340 LONGVIEW CIR CHANHASSEN MN 55317-7905 CHRISTOPHER JOHN LAYEUX & SUSAN J LAYEUX 413 DEL RIO DR CHANHASSEN MN 55317-9777 CURTIS J SOLIE 7473 SARATOGA DR CHANHASSEN MN 55317-9771 DAVID R & JENNIFER K KLITZKE 412 DEL RIO DR CHANHASSEN MN 55317-7902 DWIGHT D & ROSEMARIE KONING 7361 LONGVIEW CIR CHANHASSEN MN 55317-7905 EUGENE A & JANE F FOURNIER 507 HIGHLAND DR CHANHASSEN MN 55317-9789 HONG CA 1738 VALLEY RIDGE TRL N CHANHASSEN MN 55317-8415 JEFFREY D & CHRISTINA A STURM 504 LAREDO LN CHANHASSEN MN 55317-9788 JERROLD L PETERSON & JENNIFER J CLARK 510 LAREDO LN SARA A GEISER-PETERSON JOHN & JANICE RAGAN CHANHASSEN MN 55317-9788 7360 LONGVIEW CIR CHANHASSEN C 55317-7905 CHANHASSEN MN 55317-7905 7367 LONGVIEW CIR JOHN E CARLSON & JOHN L GOSNEY & ALEXIS C SIEGEL-CARLSON ELEANOR R DEAN JOHN R JR & PAULA A BRADEN 411 HIGHLAND DR7401 LONGVIEW CIR 502 LAREDO LN CHANHASSEN MN 55317-9790 CHANHASSEN MN 55317-9797 CHANHASSEN MN 55317-9788 JOSEPH M HOESCHEN JUSTIN & MERILEN BIKERS KATHERINE ROALSTAD 511 LAREDO LN 512 LAREDO LN 513 LAREDO LN CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9788 KELLY AN & FROYD SUSAN K FROYD LADINN & SANG M HAK LOREN TRISCO 504 HIGHLAND DR 7468 SARATOGA DR 7406 LAREDO DR CHANHASSEN MN 55317-9781 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9771 MICHAEL J & VIRGINIA J BAILEY MICHELLE D SMITH NICHOLAS R WELLIVER & 7472 SARATOGA DR 7487 SARATOGA CIR SUSAN J & ROBERT T WELLIVER CHANHASSEN MN 55317-9771 CHANHASSEN MN 55317-9771 7493 SARATOGA CIR CHANHASSEN MN 55317-7900 NORMAN M & KRISTIN FRISBIE PATRICIA A OBERG & PATRICK J KERBER 7460 LONGVIEW CIR RANDALL D DAHLK 7489 SARATOGA CIR CHANHASSEN MN 55317-9797 7266 FAWN HILL RD CHANHASSEN MN 55317-7900 CHANHASSEN MN 55317-8435 PAUL & ELLEN DIFFERDING PAUL L & TERRY L SNETTING PETER D & JILL M SCHMIDT 7228 FRONTIER TRL 506 HIGHLAND DR 500 HIGHLAND DR CHANHASSEN MN 55317-9782 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9789 RAYMOND G & RAMONA A NEAMAN RICHARD & SANDRA M VADNAIS RICHARD ALLEN & GAYEN J COOK 501 DEL RIO DR PO BOX 416 503 HIGHLAND DR 7421 LONGVIEW CIR CHANHASSEN MN 55317-0416 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9797 RICHARD D ZELLNER RICHARD R & JANET CLEVELAND ROBERT G & DIANNE M WICHTERMAN 7461 LONGVIEW CIR 7380 LONGVIEW CIR 8629 CHANHASSEN HILLS DR N CHANHASSEN MN 55317-9797 CHANHASSEN MN 55317-7905 CHANHASSEN MN 55317-9651 ROBERT W & BARBARA L MCCURDY RONALD J & CHERYL M PALMER SCOTT & REBECCA M RUNQUIST 7480 LONGVIEW CIR 1111 SWALLOW AVE #602 520 LAREDO LN CHANHASSEN MN 55317-9797 MARCO ISLAND FL 34145-8428 CHANHASSEN MN 55317-9788 SHARON L DUGSTAD SHAWN KELLY HAWS STEPHEN M & SUSAN R SAUTER 7476 SARATOGA DR 505 LAREDO LN 7441 LONGVIEW CIR CHANHASSEN MN 55317-9771 CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9797 STEPHEN TERSTEEG JR 506 LAREDO LN CHANHASSEN MN 55317-9788 THOMAS & ELEANOR J KOTTKE 518 LAREDO LN CHANHASSEN MN 55317-9788 TIMOTHY A HAUNTY & TARI K HAUNTY 7470 SARATOGA DR CHANHASSEN MN 55317-9771 STEVEN M CAUDILL 501 HIGHLAND DR CHANHASSEN MN 55317-9789 THOMAS & VALERIE A MCCARTHY 7404 LAREDO DR CHANHASSEN MN 55317-9781 VINCENT R & CYNTHIA A JOHNSON 7469 SARATOGA DR CHANHASSEN MN 55317-9771 TAMIN MARIE CARLSON 410 DEL RIO DR CHANHASSEN MN 55317-7902 TIMOTHY & SUSAN THOMPSON 7400 LONGVIEW CIR CHANHASSEN MN 55317-9797 7461. Longview Circle Lot 1, Block y Western Hills 2nd Addition Proposed Addition -NI Con nnadditionabovewininggarage •gdme f ooryam y, ftercradd,mmr meamred frvm raves 141 S 14 Reasonable Use • Single-family home with a two -car garage fhe maximum height three stories or 35 feet; the proposed addition height 21 feet from grade. •Literal Enforcement: Step back the proposed addition 2.5 feet in the rear corner (approx. 17 square feet). This would create an awkward and unattractive building elevation and design. Structure built in 1976: on PMPo $trucwn, h .'M p fool ulbdck from IarMo Dnx 8/18/2009 Applicable Regulations Sec.+^'/,. Nomm�rormingu,ea,M xrvam,ea mnynnmmNormin,-n dingrhe�folttnrnwps(ronnf WdnIpl-nu ec v,g a[M1e 9 t nFeaauP,iu nrm idii wm til unaerm' Mgee mry be n M,' Nt dny ,hmugM1 mWir rtPl+e^nmr,,maranan, rwn[man¢, a unpmmnmt, 6ur�na[ uvlW Im SAI NowilhnandineanY mM1n Pmvioreor,Fudupn, nrydnacM1ad single ramilYdwelWq ,hai u on a nomm�farmingb� m,M1n u, mmm�farmiwmeor rtrvature may be,herei wMMnmv ded Forever [FattFe mnmNnrmirvwrno[be inaaeaaM. lra f rerbctofadvWWgu rimNomwg noaddi,wmmrybeaddadm WenonaoNomwgaiae ofthe FuiNinguNev[Feaddi,ion memttlWd rtquirtmenn Se augoB Toad Pegu fi- 51The%Ilo.nneshall rnl kemnMertd m lea4amaiomfvatlanaeemmea firma dx[F,ctaae err --1 fol ad 1 [ .,,Q. m,r vmimt,am,nnoe,aealw[.nrtt[. — h - Recommendation "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case Wog -r2 for a 4.1400t front yard setback variance for an addition above an existing nonconforming structure located on Lot r, Block i, Western Hills 2nd Addition, based on the staff report and adoption of the attached Findings of Fact and Action.' W. BROWN LAND SURVEYING, INC 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.L.S. Bloom'ton, MN 55425 Survey For. President Phone 0952) 854-4055 Fax (952) 854-4268 RICK AND CHANIN ZELLNER — 29.3 — I—_—_43.5— I 990.4F37 Legend (n Underground Goa 0 (9001 Underground Electric 0 Power Pale \ Concrete Curb U1'rT1 Existing Spot Elevation x900.OTC Top of Curb Spot Elevation m \ x / I 16; SIDEYARD SETBACK LINE 07461 FRONT ENTRY -991.6 SZ�i�l,9% i i xsso.o � CQ 433 �S a R�22 0 - 919 84.4 3S s+� 4j.. 9lba' BENCHMARKS: * MHCB-64 Elevation = 989.63 (From City of Mpls) * Nail in Tree Elevation = 991.50 (SW Corner of Intersection) �g O o � D O •+ m • Denotes Iron Monument Found SCALE: 1 "=20' O Denotes Iron Monument Set N86.10' 52"E 166.33 Plat-- 166.36 lat__166.36 meas. � x x ---2986.8 _ —_ _N moi_ I X0 % J�1 OJ96 �.O1 89. 9Vm 967.1 x985.6 03 6 O a)'OO8N 1 N to p x98 I x990.2 / I / x 988.1 FFtONNO SEBA x984 7 -1611D 5 `"30 9906 x987.2 x9852 „063 Legend — G Underground Goa —UE Underground Electric 0 Power Pale \ Concrete Curb X900.0 Existing Spot Elevation x900.OTC Top of Curb Spot Elevation • Denotes Iron Monument Found SCALE: 1 "=20' O Denotes Iron Monument Set N86.10' 52"E 166.33 Plat-- 166.36 lat__166.36 meas. � x x ---2986.8 _ —_ _N moi_ I X0 % J�1 OJ96 �.O1 89. 9Vm 967.1 x985.6 03 6 O a)'OO8N 1 N to p x98 I x990.2 / I / x 988.1 FFtONNO SEBA x984 7 -1611D 5 `"30 9906 x987.2 x9852 „063 i NOTE: No monuments could be set along front right—of—way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. 72-09 Dated: REF: 159-06 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED NLp \ �m \a \ 998/.6x . n\ m m \ x / i NOTE: No monuments could be set along front right—of—way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. 72-09 Dated: REF: 159-06 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED PROPOSED MOTION: "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2"d Addition, based on the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting a 4.1 -foot variance from the 30 -foot front yard setback for an addition above an existing non -conforming attached garage. LOCATION: 7461 Longview Circle t4 Lot 1, Block 1, Western Hills 2°d Addition APPLICANT: Richard and Chanin Zellner 7461 Longview Circle Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development Residential (PUDR) 2030 LAND USE PLAN: Residential -Low Density (1.2 — 4 units per acre) ACREAGE: 0.35 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The subject site is a corner lot. The house was built in 1976. The home was not built in the correct location as it does not meet the 30 -foot front yard setback on one of the street frontages. The homeowner would like to construct an addition above the existing garage. While the addition would not increase the footprint of the existing structure, the requested variance is measured from the eaves of the proposed structure. Therefore, the applicant is requesting a 4.1 -foot front yard setback variance. Staff is recommending approval of the variance request. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 2 of 5 ADJACENT ZONING: The adjacent properties are zoned Planned Unit Development Residential (PUD -R) and contain single-family homes. WATER AND SEWER: Water and sewer service is available to the site. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20 Division 4, Non -conforming uses or structures. • Western Hills PUD Design Standards. • Sec. 20-908. Yard regulations. BACKGROUND The property is located on Lot 1, Block 1, Western Hills 2°d Addition, which is zoned Planned Unit Development Residential (PUD -R). Western Hills 2°d Addition contains 13 lots and was platted in 1969. The subject property was developed in 1976. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 3 of 5 The site is a corner lot bordered by Longview Circle and Laredo Drive. City Code states the front yard setback requirements shall be observed on each street side of a comer lot, provided the remaining two yards meet the side yard setbacks. The survey on file, which was submitted with the original building permit, showed a 30 -foot setback from Laredo Drive, as shown on the right. When the homeowner had the property surveyed for the addition to the house, the foundation was actually built 2.5 feet into the required front yard setback resulting in a 27.5 -foot setback. Therefore, the house is currently a non -conforming structure. The existing eaves are also non -conforming as they encroach two feet into the required front yard setback. The proposed eaves are will encroach 18 inches. Section 20-72 of the Chanhassen City Code states that a non -conforming structure may be continued, through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Because the homeowner is proposing an expansion, the homeowner must request a variance to construct an addition above the garage. ANALYSIS The applicant would like to construct an addition above the existing garage, which was constructed 3.5 feet into the front yard setback abutting Laredo Drive. While the addition will not increase the existing footprint of the structure, it does not comply with the 30 -foot front yard setback requirement of the district. There is approximately 17 square feet of the structure encroaching into the front yard sqgwk. The house is a non- conforming structure_ The Chanhassen City Code prohibits the expansion of a non- conforming structure unless such expansion complies with City Code. Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 4 of 5 The addition above the garage is considered to be an expansion of the non -conforming setback; therefore, the applicant is requesting a variance to construct the addition above the garage. The City Code allows eaves to encroach into a required setback a maximum of two feet six inches. However, when a setback variance is requested, that allowance no longer applies and the variance request must be measured from the eaves. The footprint of the house is set back 27.5 feet. The existing eaves are two feet wide; the proposed addition will have 18 -inch eaves. Therefore, the applicant is requesting a 4.1 -foot front yard setback variance. The City Code states that a variance may be granted if the literal enforcement causes undue hardship and the property owner does not have reasonable use of the property, which includes comparable properties within 500 feet. ♦ t m Q W gyR 2.0 i yy Op m U w ON u = mo �fS90 `9.83 22.5 / 9906 b O� \o Nls h \ 115 _0 Reasonable use within the Western Hills 2°d Addition PUD is described as a single-family home with a two -car garage, which is currently constructed on the property. The maximum height t� within the residential zoning district is three stories or 35 feet; the proposed addition will bring the height to 21 feet from grade. This is in compliance with the standards as outlined in the City J ybCode and is otherwise a permitted use in the district. If the home were built in comyjiance_with O" the 30 -foot front and setback, a variance would not be necessary; only a building permit would 1 required for the addition. In order for the addition to comply with the 30 -foot setback requirement, the owner would be O,� required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action: "The Chanhassen Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure located on Lot 1, Block 1, Western Hills 2°d Addition, Zellner Variance Request Planning Case 09-12 August 18, 2009 Page 5 of 5 based on the staff report and adoption of the attached Findings of Fact and Action, with the following condition: The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements." ATTACHMENTS 1. Findings of Fact and Action. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Public Hearing Notice and Affidavit of Mailing. gAplan\2009 planning cases\09-12 zellner setback variancelstaff repott.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance for an addition above a non -conforming structure — Planning Case No. 09-12. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Richard and Chanin Zellner for a 4.1 -foot front yard setback variance from the 30 -foot required setback to construct an addition above a non- conforming structure at 7461 Longview Circle, located in the Planned Unit Development Residential District (PUD -R) on Lot 1, Block 1, Western Hills 2"d Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development Residential District (PUD -R). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lot 1, Block 1, Western Hills 2°d Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. 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 criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The original building permit survey showed a 30 -foot front yard setback from the property line abutting Laredo Drive. Upon surveying the property for the proposed addition, the survey showed the house was built incorrectly with a 27.5 -foot front yard setback. A two-story single-family home is a permitted use in the PUD -R district and complies with the height restrictions. hi order for the addition to comply with the 30 -foot setback requirement the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. The literal enforcement of the code causes an undue hardship and is not a self-created hardship. 1 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions uon which this variance is based are applicable to all properties within the Western Hills 2 Addition (PUD -R). The structure on the subject site was built incorrectly and does not meet the 30 -foot required front yard setback. The structure was built 2.5 feet into the setback. The existing eaves encroach two feet into the setback as well and are also non -conforming. The proposed addition will not increase the footprint of the structure. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed addition is not based on the desire to increase the value of the home. The property owner's intent is to increase the livable area of the home. d. The alleged difficulty or hardship is not a self-created hardship. Finding: A two-story single-family home is a permitted use in the PUD -R district and the proposed addition complies with the height restrictions. In order for the addition to comply with the 30 -foot setback requirement, the owner would be required to step back the proposed addition 2.5 feet in the rear corner (17 square feet) to meet the required setback. This would create an awkward and unattractive building elevation and design. Literal enforcement of the code causes an undue hardship and is not a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a 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. The recommended proposal will not increase the existing front yard setback. The variance request is measured from the 18 -inch eaves, the existing eaves currently encroach two feet into the required setback. A two-story home is a permitted use within the PUD -R district and the proposed height is in compliance with the district regulations. f. 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 home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. 5. The planning report #09-12, dated August 18, 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #09-12 for a 4.1 -foot front yard setback variance for an addition above an existing non -conforming structure, on Lot 1, Block 1, Western Hills 2nd Addition, based on these findings of fact." ADOPTED by the Chanhassen City Council on this 10 day of August, 2009. CHANHASSEN PLANNING COMMISSION IM Its Chair g:\plan\2009 planning cases\09-12 zellnu setback vadance\findings of fact.doc CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION and i4(01 LCNi:-yq P_oV c I2CLE C h tiny NiN -5G51_7 Contact: c 11Rcv,n. tic vr2 Phone:c'\5245►utato Fax: Email: nnl�MoDrEtnBa�YAK �.�m Planning Case No. d GITy OF CHANHASSEN RECEIVED 'JUN 17 200 L4iA k4SSEN PLAM4 G DEPT Owner Name and Address: 1ZK..ttAQD 'Z��.l--n,ER -714 o\ L-0N6-+V16v.w cLE L 5"N Mrj Contact: R\c:RAiLD CiZtc.k Phone: Co+z---si u iss Fax: Email: ,A -,.j car. NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) K Variance (VAR) �Z_oL Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment y Notification Sign 201a (City to install and remove) x Escrow for Filing Fees/Attorney Cost** -Sg CUP/SPRNACNARANAP/Metes & Bounds 450 Minor SUB 61L TOTAL FEE $ ICY L K-- _L;L5 V An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. Ca ,`D PROJECT NAME: NIA LOCATION: 14yn% t_oN6VtEW Ct2 CtANNHAsiFN SAN LEGAL DESCRIPTION AND PID: 0'r V)Z):H- 2 5^f5S 2oa io S FG? to T" P-% I (a �-RP(-E-023 LU'f ou (bLOCk vd ��sZ r� t+iu� 2Nr� ��s� tong TOTALACREAGE: 135 WETLANDS PRESENT: YES X NO PRESENTZONING: WW-EStDCN-TIAL REQUESTED ZONING: SEs, OL(�}T1iiL PRESENT LAND USE DESIGNATION:Sh1C\ F\L REQUESTED LAND USE DESIGNATION: D,, -NZ t AL REASON FOR REQUEST: 'T4ii= GRRP6E 'FOSLILNTiro" CNC-f-QAC14ES T&J SS--%AcIk ai ')--S Feel- WE WiSN -TV 3'utl D A 'IE QUN13 S1oR� AV -r\31 -rhe lRf+aE,E gtjo RRE 9-:V- 'I's'i-b 0P5xP\\r/ A J pc2\Rtjc. - 1JuE To —, *r. 1✓ xiSTlN6' i= t ?-O Rctt+ytENT CfLC-fkT E� wvtT--� rNF_ +Atvks E —\ f kL.T IN A -lb - FOR SITE PLAN REVIEW: Include number of existing employees: lei and new employees: _ N � This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tide, 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. Gkj�vu, 1 20 C� Signature of Applic Signature of Fee Owner -7- -7-o Date Date SCANNED GAPLAN\Forms\Deve"ent Review Application.DOC Rev. 1108 July 17, 2009 To Whom It May Concern: We are planning to build a new garage and a second story on the existing foundation located at 7461 Longview Circle in Chanhassen. The setback of the northeast comer of the current garage slab is currently at 27.5 feet instead of the required 30 feet. According to the City of Chanhassen Planning Department, there is a minor 17 square foot encroachment that was created when the house was built in 1976. We are NOT planning to increase the encroachment at ground level. There are many houses on our street and in the near vicinity that have living space above the garage. The addition we are planning to build is not unusual for this neighborhood. It seems that if the builder and the City of Chanhassen officials had dealt with the encroachment 32 years ago, we would not be in a position of having to pay for and request a very minor variance now that does not even increase the current encroachment at ground level. This is not a self created hardship in any possible way. We are expanding our house because we have a blended family that includes five teenage children, and we need additional space. We intend to live in this house for many years to come! The construction of our second story will not have a negative affect upon any other house in our neighborhood as we have a corner lot and the minor area of the existing encroachment faces Laredo Drive. Once the addition is completed, the property values of other houses in the neighborhood could potentially increase as the value of our house will substantially increase, and it will be much more aesthetically pleasing. And, as this is the comer lot at the entry of the street, we are quite certain our neighbors will be extremely happy with the improvements made to our house. The exterior materials to be used are not exactly determined, but we expect to use either vinyl siding or fiber cement siding, perhaps with stone or cedar shake accents. In summary, we are building a second story on an existing foundation. We are NOT planning to increase the existing encroachment at ground level. This addition will have no negative impact upon any neighbors or the general public. Sincerely, Rick and Chanin Zellner $CANAtV W. BROWN LAND SURVEYING,, INC. . 8030 Cedar Avenue South Suite 228 WOODROW A BROWN, R.L.S. Phone (952f 854-4055 Survey For: President Fax (952) 854-4268 RICK AND CHANIN ZELLNER Legend c — Ul,,e,.a nd cas uc u�—nd El .K I BENCHMARKS: Y MHCB-64- Elevation - 989.63 (From City of Mpls) # N.1 in Tree Elevation = 991.50 (SW Comer of Intersection) )2-09 RET: 159—a9 99%/1 Hf(W: vcwmc m ou cc. y..�o... Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2.537.1 sf 16.65 NOTE: No Search Was Made For Any PROPERTY DESCRIPTION Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BR OWN LANDRVEYING, INC. �Z� Doted: 7-/3w'9 Woodrow A Brown, R.LS NO. 15230 I & t CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 6, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Zellner Variance Request — Planning Case 09-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this Lek day of , 2009. Notary Pub is M 'n KIM T. MEUWISSEN r Notary Pu � blit -Minnesota My Commissbn F)PW Jan 31. 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start until later in the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a setback variance on property zoned Single Family Request for a setback variance on property zoned Single Family Residential RSF Applicant: Richard and Chanin Zellner Property 7461 Longview Circle Location: (Lot 1, Block 1, Western Hills 2nd Addition) (Lot 1, Block 1, Western Hills 2nd Addition) A location map Is on the reverse side of this notice. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/09-12.html. If you wish to www.cl.chanhassen.mn.us/serv/i)lan/09-12.htmi. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available Commission. The staff report for this Item will be available online on the project web site listed above the Thursday online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 50 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethino to be included m the report, please contact the Planning Staff persoD named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a setback variance on property zoned Single Family Residential RSF Applicant: Richard and Chanin Zellner Property 7461 Longview Circle Location: (Lot 1, Block 1, Western Hills 2nd Addition) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/serv/i)lan/09-12.htmi. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meetIng. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overvlew of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 50 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken antl any correspondence regarding the application will be included in the report to the City Council. If you Wish to have something to be included in the report, lease contact the Planning Stall person named on the notification. ADRIAN W & KELLI E BAINES ALBERT S & DIANNE R PRENTICE ALFRED H & JANE M CLAGUE 502 DEL RIO DR 7402 LAREDO DR 7226 FRONTIER TRL CHANHASSEN MN 55317-9785 CHANHASSEN MN 55317-9781 CHANHASSEN MN 55317-9782 BARBARA LEE KASPER 411 CIMARRON CIR CHANHASSEN MN 55317-9776 BRIAN J SEMIRA & MELISSA L CARON SEMIRA 509 LAREDO LN CHANHASSEN MN 55317-9788 CHARLES C & BONNIE B COFFEE 7474 SARATOGA DR CHANHASSEN MN 55317-9771 CONRAD & ODELIA WINKEL TRUSTEES OF TRUST 505 HIGHLAND DR CHANHASSEN MN 55317-9789 DAVID F & JANICE K ROME 2865 AUTUMN WOODS DR CHASKA MN 55318-1146 DAVID ROYAL EVAVOLD 501 LAREDO LN CHANHASSEN MN 55317-9788 EDWARD L & LINDA J GINSBACH 7381 LONGVIEW CIR CHANHASSEN MN 55317-7905 BONNIE J GAMLIN 14084 DEARBORN PATH ROSEMOUNT MN 55068-5039 BRUCE L & REBECCA GRANOWSKI 504 DEL RIO DR CHANHASSEN MN 55317-9785 CHRISTINA M THIELBAR 7510 LAREDO DR CHANHASSEN MN 55317-9769 CRAIG & LARIE ANDERSON 519 LAREDO LN CHANHASSEN MN 55317-9788 DAVID L & KAREN M RICE 7440 LONGVIEW CIR CHANHASSEN MN 55317-9797 DEREK M FAUTSCH 521 LAREDO LN CHANHASSEN MN 55317-9788 ELMER R AAGARD 7471 SARATOGA DR CHANHASSEN MN 55317-9771 FEDERAL HOME LOAN MTGE CORP GEORGE &LEAH LUCAS 1410 SPRING HILL RD 22102-3002 410 CIMARRON CIR MCLEAN VA 2 MAIL STOP CHANHASSEN MN 55317-9776 JACOB & BRANDY ANFANG JAMES C & KATHRYN C MURPHY 413 CIMARRON CIR 502 HIGHLAND DR CHANHASSEN MN 55317-9776 CHANHASSEN MN 55317-9789 BRENT A & KIMBERLY A MAHER 7407 LAREDO DR CHANHASSEN MN 55317-9781 CHARLES & JEAN ROBBINS 7340 LONGVIEW CIR CHANHASSEN MN 55317-7905 CHRISTOPHER JOHN LAYEUX & SUSAN J LAYEUX 413 DEL RIO DR CHANHASSEN MN 55317-9777 CURTIS J SOLIE 7473 SARATOGA DR CHANHASSEN MN 55317-9771 DAVID R & JENNIFER K KLITZKE 412 DEL RIO DR CHANHASSEN MN 55317-7902 DWIGHT D & ROSEMARIE KONING 7361 LONGVIEW CIR CHANHASSEN MN 55317-7905 EUGENE A & JANE F FOURNIER 507 HIGHLAND DR CHANHASSEN MN 55317-9789 HONG CA 1738 VALLEY RIDGE TRL N CHANHASSEN MN 55317-8415 JEFFREY D & CHRISTINA A STURM 504 LAREDO LN CHANHASSEN MN 55317-9788 JERROLD L PETERSON & JENNIFER J CLARK SARA A GEISER-PETERSON JOHN & JANICE RAGAN 510 LAREDO LN 7367 LONGVIEW CIR CHANHASSEN MN 55317-9788 7360 LONGVIEW CIR CHANHASSEN MN 55317-7905 CHANHASSEN MN 55317-7905 JOHN E CARLSON & JOHN L GOSNEY & ALEXIS C SIEGEL-CARLSON ELEANOR R DEAN JOHN R JR & PAULA A BRADEN 411 HIGHLAND DR 7401 LONGVIEW CIR 502 LAREDO LN CHANHASSEN MN 55317-9790 CHANHASSEN MN 55317-9797 CHANHASSEN MN 55317-9788 JOSEPH M HOESCHEN JUSTIN & MERILEN BIKERS KATHERINE ROALSTAD 511 LAREDO LN 512 LAREDO LN 513 LAREDO LN CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9788 CHANHASSEN MN 55317-9788 KELLY AN & FROYD SUSAN K FROYD LADINN & SANG M HAK LOREN TRISCO 504 HIGHLAND DR 7468 SARATOGA DR 7406 LAREDO DR CHANHASSEN MN 55317-9781 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9771 MICHAEL J & VIRGINIA J BAILEY MICHELLE D SMITH NICHOLAS R W ELLIVER & 7472 SARATOGA DR 7487 SARATOGA CIR SUSAN J & ROBERT T WELLIVER CHANHASSEN MN 55317-9771 CHANHASSEN MN 55317-9771 7493 SARATOGA CIR CHANHASSEN MN 55317-7900 NORMAN M & KRISTIN FRISBIE PATRICIA A OBERG & PATRICK J KERBER 7460 LONGVIEW CIR RANDALL D DAHLK 7489 SARATOGA CIR CHANHASSEN MN 55317-9797 7266 FAWN HILL RD CHANHASSEN MN 55317-7900 CHANHASSEN MN 55317-8435 PAUL & ELLEN DIFFERDING PAUL L & TERRY L SNETTING PETER D & JILL M SCHMIDT 7228 FRONTIER TRL 506 HIGHLAND DR 500 HIGHLAND DR CHANHASSEN MN 55317-9782 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9789 RAYMOND G & RAMONA A NEAMAN RICHARD & SANDRA M VADNAIS RICHARD ALLEN & GAYEN J COOK 501 DEL RIO DR PO BOX 416 503 HIGHLAND DR 7421 LONGVIEW CIR CHANHASSEN MN 55317-0416 CHANHASSEN MN 55317-9789 CHANHASSEN MN 55317-9797 RICHARD D ZELLNER RICHARD R & JANET CLEVELAND ROBERT G & DIANNE M WICHTERMAN 7461 LONGVIEW CIR 7380 LONGVIEW CIR 8629 CHANHASSEN HILLS DR N CHANHASSEN MN 55317-9797 CHANHASSEN MN 55317-7905 CHANHASSEN MN 55317-9651 ROBERT W & BARBARA L MCCURDY RONALD J & CHERYL M PALMER SCOTT & REBECCA M RUNQUIST 7480 LONGVIEW CIR 1111 SWALLOW AVE #602 520 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Box 147 � p p Chanhassen, MN 55317 Uil t Qf (952) 227-1100 Date: July 20, 2009 Review Response Deadline: August 7, 2009 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I Subject: Request for a front yard setback variance on property zoned Single Family Residential (RSF) located on Lot 1, Block 1, Western Hills 2°d Addition (7461 Longview Circle). Applicant: Richard & Chanin Zellner Planning Case: 09-12 PID: 25-8820010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 17, 2009. The 60day review period ends September 15, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 18, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 7, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Buil ' cial LoresEeNr Resour Coordinatorter �oC UVti "{ — 2. Cater Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco Legend C~Ill10 us%l..p Nan%ww cNoana !./ T.wyaua ^/ Gt Saar r arrraar LaAN HOW caia 2N1 PIN 258820010 Property Address: Taxpayer Information: 7461 LONGVIEW CIR RICHARD D ZELLNER CHANHASSEN, MN 1 11 7461 LONGVIEW CIR CHANHASSEN , MN 55317 [Parcel Properties GIS Acres: 0.35072134 Year Built: 1976 Homestead: Y Above Grade Finished SQ FT: 1142 School District: 0112 morcel Location Smtioo: 12 Plat Information: Township: 116 WESTERN HILLS 2ND ADDITION Range: 023 1-ot-001 Black -001 Pavable Year 2010 ItLag Sale Information JjSak Date: 03/12/1992 Est Market Value Land: $97200 Sale Price: $103000 Est Market Value Building: $137500 QualiBcd/Unqualified: QUALIFIED SALE Map Created: 7-20-2009 Est. Market Value TOW: $234700 CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. rLQMQC CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION and Address: _74101 L CNivyi r- c IRCL-E C)A'\N tta�srN MN -5531-7 Contact: c Nf-,j\ ., 2t �wE�Q Phone:°151451 utctto Fax: Email: 'r`AwMboJ rEugFEDVAH Q.,�D-m Planning Case No. d Kki1Qo •ZE��NE 10"YOF CHANHASSEN RECEIVED ',JUN 17 209 ' `lftkASSEN PIAT WNW DEPT -h-fNc vi> w C HcL-E Contact:2\c11AR-D z&L-NER CQtck Phone: U%2 ---)-sl t<,7s5 Fax: Email: tZ�ucz�u-NEQ� �r1sr�: c�,v NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) K Variance (VAR) 7_02' Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment y Notification Sign o (City to install and r move) X Escrow for Filing Fees/Attorney Cost*' CUP/SPRNACNAR/WAP/Metes & Bounds 50 Minor SUB TOTAL FEE $ Lf )" C -K -A _o5O An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (".tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: N I A LOCATION: ILlk.o\ L_oN6V1EW cit ch Nti\jASi i=N } rV1N LEGAL DESCRIPTION AND PID: 15T yi x- 2 5 ^$$ ton ic-) SLC, -t 10 ?N O -I l LO �-Pw(,E-023 LD -17-00 VbL-Or-4,00 wESTFK N V+I 1S 2NI7 A0011UoN TOTALACREAGE: -35 WETLANDS PRESENT: YES A, NO PRESENTZONING: rZE51D�t`iTIA+_ REQUESTED ZONING: �Esi OC-lN-T A /- PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: -THF; I^etSTtN(� GAP -ME 1 i UtJUPtTinN ENr �CRCi1E S -Ti}e slal-bAck -6\I 2--6 1PEE5-%- \.J1j:- WtSN TD A s'P-"")�l 2 --To" AI?-z\'r -rttE G-RR�S- RLE iLE Eiu\D 6 s Tu X951 -n\ r/ -Lo ewe Ex1STtN6- RcttMEIVT C2<=PrTE-_ W Ft -rN E +la us E \"Ad�- A0 tCrlb - FOR SITE PLAN REVIEW: Include number of existing employees: iN _ and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. llflim. c � -7- I -7-o Signature of Applic a Date Signature of Fee Owner Date SCANNED GIPLAN1=orms\Development Review Application.DOC Rev. 1M July 17, 2009 To Whom It May Concern: We are planning to build a new garage and a second story on the existing foundation located at 7461 Longview Circle in Chanhassen. The setback of the northeast comer of the current garage slab is currently at 27.5 feet instead of the required 30 feet. According to the City of Chanhassen Planning Department, there is a minor 17 square foot encroachment that was created when the house was built in 1976. We are NOT planning to increase the encroachment at ground level. There are many houses on our street and in the near vicinity that have living space above the garage. The addition we are planning to build is not unusual for this neighborhood. It seems that if the builder and the City of Chanhassen officials had dealt with the encroachment 32 years ago, we would not be in a position of having to pay for and request a very minor variance now that does not even increase the current encroachment at ground level. This is not a self created hardship in any possible way. We are expanding our house because we have a blended family that includes five teenage children, and we need additional space. We intend to live in this house for many years to come! The construction of our second story will not have a negative affect upon any other house in our neighborhood as we have a comer lot and the minor area of the existing encroachment faces Laredo Drive. Once the addition is completed, the property values of other houses in the neighborhood could potentially increase as the value of our house will substantially increase, and it will be much more aesthetically pleasing. And, as this is the corner lot at the entry of the street, we are quite certain our neighbors will be extremely happy with the improvements made to our house. The exterior materials to be used are not exactly determined, but we expect to use either vinyl siding or fiber cement siding, perhaps with stone or cedar shake accents. In summary, we are building a second story on an existing foundation. We are NOT Planning to increase the existing encroachment at ground level. This addition will have no negative impact upon any neighbors or the general public. Sincerely, Rick and Chanin Zeliner SCANNED FRONT ELEVATION B E1M11'L- FRED'S '�E im DRAFTNG k DESIGN LLC RICK @ CHANIN ZELLNER RESIDENCE dIYL➢0!L kA m, Cur . a d .0 ,- cu-:u-wm [GlE 19,17 r1Iw ALL Gm. WW VAU MD B 4C. !COP [ 0 > &D. ca EXERCISE ROOM V I rV>A1UML . wAa LPJOFRENL H UTEO QQ C4(7 TINT PoCNEi CGOR iµ N NOT NEVEPIE � � Eµ x�ku vn LT EY ue eoxEt wwoow EoxEo wlNoow LS9 O2LITE ILEWIOR LITE V-Q.o t -4T SECOND FLOOR PLAN SCALE Ile -110, ROOF DETAIL A' SHINGLES TO MATCH EXISTING 1W FELT STEP SHINGLES WHERE REO. ICE l WATER SHIELD MIN 7'-0' ABOVE PUTE LINE 1 SS12080 SHEATHING REUSE EXISTING TRUSSES COST IND SPECS RFK INSULATION A MIL POLY 6'D'GYPSUM SOFF?OETYLS US SUB FASCIA 1. LOOKOUTS SOFFIT TO MATCH FASCIA TO MATCH MI OETAII B' USTOP PLATE Us STUOS • Ir O.C. TITS OSS HOUSE NAMrtAPED SPANS ONP CAP OVER WINO00OR8 GRIP CAP OER DECK LEOOEM AND TRIM VINYL LAP BIDING TO MATCH EXISTING R-16WALL. INSULATION F MIL POLY 1?SHEETROCK TAW OETAII R' VERIFY T We MAXIMUM RISE IT MINIMUM MEAD W. MAXIMUM VAA.OM 1S' 0.00R TRUSSES ® 24-O.C. 2 X 8 TRUSS BRACING SPRAYED EXAM INSULATION YA TSG OBB TREATED DECK LEDGER WO ANCHORS ®1r O.C. EJUSTINaMULDETALS U TREATED PLATE s' SILL SEALER ANCHOR BOLTS FEW TYPICAL SECTION �/i R�� SGNl1/d'.1Y1' n VERIFY 2A10 FLOOR JOISTS 0 Ill CONTRACTOR MAY HANG FLOOR TRUSSES ON EXISTING WALL OR REMOVE SHEATHING, INS TALL CRIPP ES A PLATES.I THIS WILL INCREASE FLOOR TRUSS . . . . mom . . VERIFY 2A10 FLOOR JOISTS 0 Ill CONTRACTOR MAY HANG FLOOR TRUSSES ON EXISTING WALL OR REMOVE SHEATHING, INS TALL CRIPP ES A PLATES.I THIS WILL INCREASE FLOOR TRUSS W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.L.S. Blhonemin(gton, MN 55425 4055 Survey For. President Fax (952) 854-4268 RICK AND CHANIN ZELLNER k— 29.3 _ I--___43.5_ I I NI 16; wl I -T- L - \--) -L_\--J I (n • —VGA_ 0 (DgO P'G 3.0 / —UE _ _G N 37.1 C71'fl m � O O x A N p r�Il m� N nA X x986.8 "0 u z� X89.0 I — x N/ 1 X990.0 O' SIDE(ARO SETBACK UNE #7461 FRONT ENTRY -991.6 / / 0 3.0 / —UE Underground Electric A O m I 1 m � O O x A J 4 N / N \ Com' � 3 �S c R�22 0 - 9gs 84.4 3S BENCHMARKS: * MHCB-64 Elevation = 989.63 (From City of Mpls) * Nail in Tree Elevation = 991.50 (SW Corner of Intersection) i SCALE: 1 "=20' • Denotes Iron Monument Found a Denotes Iron Monument Set N86-10'52"{ Legend — G Underground Gas —UE Underground Electric 0 Power Pole meas. Concrete Curb X900.0 Existing Spot Elevation x900.OTC Top of Curb Spot Elevation SCALE: 1 "=20' • Denotes Iron Monument Found a Denotes Iron Monument Set N86-10'52"{ \ p _ _ L _ _166.33 0 — 166.36 meas. N X X x986.8 u — — X89.0 986.1 — x N/ 1 I o �JO Co x 00 1 x985.6 0) x967.1 � CP —x SON �o x98 I x990.2 / / I /\NE / x 988.1 . ccePCK VASO x984 7 / ifr§90.5 x-30 x987.2 x995.2 N ATS 1 N, 998.6x 133 g5 54 04 og A5 p=A5 NOTE: No monuments could be set along front right—of—way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf = 16.6% NOTE: No Search Was Made For Any PROPERTY DESCRIPTION Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. 72-09 Dated: REF: 159-08 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952)227-1100 M"M Date: July 20, 2009 Review Response Deadline: August 7, 2009 To: Development Plan Referral Agencies Cori l From: Planning Department By: Angie Kairies, Planner I/ Subject: Request for a front yard setback variance on property zoned Single Family Resit tial (RSF) located on Lot 1, Block 1, Western Hills 2°d Addition (7461 Longview Circle). Applicant: Richard & Chanin Zellner Planning Case: 09-12 PID: 25-8820010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 17, 2009. The 60 -day review period ends September 15, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 18, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 7, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attomey c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. lower Minnesota River c. Mianehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacwm 12. CenterPoint Energy Minnegasco PID# 258820010 1 RM CopyripAt®2009. _ . Legend arcellnformadon Gmr pads Property Address: Tupayer In[ormatlon: 7461 LONGVIEW CIR RICHARD D ZELLd= usao� CHANHASSEN, MN 7461 LONGVIEW CIlt 4 wipes CHANHASSEN, MN 55317 N`aIle" arcelProperdes 4"tsa . / GIS Acres: 0.35072134 Year Built: 1976 /' r°� Homestead: Y Above Grade Finished SQ FT: 1142 Celsius, School District: 0112 mar(ra [Parcel Location lata Section: 12 Plat IoPormatioo: rusk Township: 116 WESTERN HILLS 2ND ADDITION 00``7111 Range: 023 Lot-001 Block-001 ayable Year 2010 ILast Sale Information Sale Date: 0322/1992 Est Market Value Lead: $97200 Sale Price: $103000 Est Market Value Building: $137500 QuaBBed/Unquaiaied: QUALIFIED SALE Map Created: 7-20-2009 Est Market Value Total: 5234700 CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), itis a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PHnv i it Name and '74(nt LcpjL-Vi rvJ c ,CCLE C 1 `iN ho,-,sc(N JnN 531-% Contact: CHP-ojA ., zt�ws 2 Phone:°1S245t ulcito Fax: Email: 'MwmtjTEcn48&)YANoo �o•r Planning Case No.C)9 ,CITY OF CHANHASSEN RECEIVED 'JUN 17 209 '0 ANWSSEN PLAWWKG i6EPT Owner Name and Address: �+c �tnQo ,z- '7 L4 u k 'l4uk LbN&yt6vw C- LE C s tJ Contact: 2xc aAR-D zr-d._t_NER CRtck Phone: O a st to -j55 Fax: Email: R1ucz�,, >JEQ� +nsr1: cai.\ NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) X_ Variance (VAR) 7__0 0 - Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment v Notification Sign — (City to install and remove) X Escrow for Filing Fees/Attorney Cost" $ CUP/SPRNACNARANAP/Metes & Bounds 50 Minor SUB TOTAL FEES t' �C An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: NIA LOCATION: 14t.n\ LoWG\AEW cjQ. Ch NN1-lAEs i=N WtN LEGAL DESCRIPTION AND PID: L)LTyiri:H" 2 6^, zo0 m S LcT IQ 1"p—Mo �-R?J(-E-02.3 110-r-oa '(bLOCK-od t �ESTk�N 1Lt�LS 2NP flc��1T10N TOTALACREAGE: -35 WETLANDS PRESENT: YES X NO PRESENTZONING: ZESIDCti?IAL REQUESTED ZONING: �Es1�� TtAL PRESENT LAND USE DESIGNATIONS REQUESTED LAND USE DESIGNATION: je-P--S-i DiL i- k AL REASON FOR REQUEST: -rHtz-7 E=�tSTimif C -RP- BE ENc-UACAtES -Taf SG�i)AbV, -b`i 1.5 lrEErj-VJti= WtSN 53u1LD A S�Ct)N1� S-7oM -"e gr.t0 PcRE iZE(a\i\PE�Th o(��Atr/ A \/AsQ\RNLI; o to --To —, wg� EvcISTtN6- i-t\k..p-oRctt+h'ENT C(Z-GA E-%-) Wyk1GN T"P- ►-aysr� vdAd�- '�y,,�,\LT 10 \G -Ib - FOR SITE PLAN REVIEW: Include number of existing employees: T and new employees: _ N h This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. ��rtso, 7-1-7—o Signature of Applic Date Signature of Fee Owner Date SCANNED GAPLAMForms\Devebpment Review Application.DOC Rev. 1A8 July 17, 2009 To Whom It May Concern: We are planning to build a new garage and a second story on the existing foundation located at 7461 Longview Circle in Chanhassen. The setback of the northeast corner of the current garage slab is currently at 27.5 feet instead of the required 30 feet. According to the City of Chanhassen Planning Department, there is a minor 17 square foot encroachment that was created when the house was built in 1976. We are NOT planning to increase the encroachment at ground level. There are many houses on our street and in the near vicinity that have living space above the garage. The addition we are planning to build is not unusual for this neighborhood. It seems that if the builder and the City of Chanhassen officials had dealt with the encroachment 32 years ago, we would not be in a position of having to pay for and request a very minor variance now that does not even increase the current encroachment at ground level. This is not a self created hardship in any possible way. We are expanding our house because we have a blended family that includes five teenage children, and we need additional space. We intend to live in this house for many years to come! The construction of our second story will not have a negative affect upon any other house in our neighborhood as we have a comer lot and the minor area of the existing encroachment faces Laredo Drive. Once the addition is completed, the property values of other houses in the neighborhood could potentially increase as the value of our house will substantially increase, and it will be much more aesthetically pleasing. And, as this is the corner lot at the entry of the street, we are quite certain our neighbors will be extremely happy with the improvements made to our house. The exterior materials to be used are not exactly determined, but we expect to use either vinyl siding or fiber cement siding, perhaps with stone or cedar shake accents. In summary, we are building a second story on an existing foundation. We are NOT planning to increase the existing encroachment at ground level. This addition will have no negative impact upon any neighbors or the general public. Sincerely, Rick and Chanin Zellner SCANNOU FRONT ELEVATION SG E 114+1' -0 - FRED'S DRAGTNG h DEMN LLC RICK & CHANIN ZELLNER RE51DENCE AIIItlTdIC �cmryA <woi u<�w vax-au-ceoe o.w �w✓ xem.. 9 ROOF pETAI SHINGLES TO MATCH EXISTING IEYFELT STEP SHINGLES WHERE REO. ICE A WATER SHIELD MIN 0'-0• ABOVE PLATE LINE I&M2 OSB SHEATHING REUSE EXISTING TRUSSES fcl11NR CFFF. RM INSUTATION K MIL POLY ".GYPSUM US SUB FABCA OM LOOKOUTS SOFFIT TO MATCH FASCIATOTMTCH USTOP PLATE US SI Q 1S• O.C. Ine OSO HOUSEW RAPEOSFMIS DRIP CAP OVER WINO000RS ORV CA^ DER DECK I EDGERS AND TRIM VINYL IM SIDING TO MATCH EMSTINO R -111.1 -INSULATION , WL POLY JZ SHEETROCK BTMR DFTLI @ VERIFY I YPI IMUM RISE YMINIMUMTREAO W MXKMUM VARMTION JOI.TDET<IIV'. 1B• RWR TRUSSES 0 24' ..C. ] K S TRUSS BMLING SPRAYED FOAM INSULATON 3A TBG DEB TREATED DECK LEDGER "ANCHORS 0 HE O C. PYimNA B" I OETAI.- US TREATEO PLATE S' SILL SEALER ANCHOR BOLTS TYPICAL AL SSECTION SICKLE n VERIFY 3%IS FLOOR JOTS IS, TYPICAL SECTION SCALE 11111 TY ' rED ED I ON EXISTING WM-1- OR REMOVE SHEATHING HSU�L CRIFECS & PLATER ( THIS WILL NCRC�F FLOUR TRUSS 1 1 ■ . . . . - . ■ I VERIFY 3%IS FLOOR JOTS IS, TYPICAL SECTION SCALE 11111 TY ' rED ED I ON EXISTING WM-1- OR REMOVE SHEATHING HSU�L CRIFECS & PLATER ( THIS WILL NCRC�F FLOUR TRUSS We BROWN LAND SURVEYING, INC. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.L.S. Bloomington, MN 55425 Survey For. President P 854-4055 Fax (952) KUHL DESIGN BUILD Fax 952) 854-4268 k— 29.3 — 43.5_ I Cf) N O LO W .-P- (J1�— N N 375 CP � N p M .` I I N 1a. u1 LOT {7461 FRONT ENTRY -991.6 * CW' Orem aw MR * Noe U itee Elwlation = 991.50 (9154 Comer of Iror7erse"MR 1) 5 LA • llll b 11 011 rr01N/IIM - r001d a owed= bw MOWA M* N86'1 0' 52"E _166.33 plot 166.36 me0s.. m X -X � x—�9e6.e I xI a c x989.0 x990.2 X990.5 SCALE 1'=20' x987.1 x988.1 X987.2 986.1 u -10 co O _ x985.6 O -1- a�N' N m . 1 x954 x985.4 5w� W.M7771777a, _ ,L AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Bituminous Drive = 871.6 Impervious Surface = 2,572.4 sf = 16.8% MCT- No Search Was Mods For Any Easements. Lot 1. Block 1. WESTERN HILL 2ND ADDITION, Carver Courtly, MinnesoEo. I hereby certHy that this survey. plan or report was prepared by me or under my direct supervIsand that I am a duly Registered Land Surveyor under e Jowls of the Slob of thMbmssoto. W. BROWN LAND SAMMYRA M 4W WoodrowA. Brow. RLS N06 15230 Dabd: i't c.o t L 4rV -,0'4,� 1 dr 1 Legend — G underground Gas — UE Underground Electric 0 Power Pole IMMEMEME Omen' Cu* X900.0 Existing Spot Elevation x900.OTC Top of Curb Spot Elevation 5 LA • llll b 11 011 rr01N/IIM - r001d a owed= bw MOWA M* N86'1 0' 52"E _166.33 plot 166.36 me0s.. m X -X � x—�9e6.e I xI a c x989.0 x990.2 X990.5 SCALE 1'=20' x987.1 x988.1 X987.2 986.1 u -10 co O _ x985.6 O -1- a�N' N m . 1 x954 x985.4 5w� W.M7771777a, _ ,L AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Bituminous Drive = 871.6 Impervious Surface = 2,572.4 sf = 16.8% MCT- No Search Was Mods For Any Easements. Lot 1. Block 1. WESTERN HILL 2ND ADDITION, Carver Courtly, MinnesoEo. I hereby certHy that this survey. plan or report was prepared by me or under my direct supervIsand that I am a duly Registered Land Surveyor under e Jowls of the Slob of thMbmssoto. W. BROWN LAND SAMMYRA M 4W WoodrowA. Brow. RLS N06 15230 Dabd: i't c.o t L 4rV -,0'4,� 1 dr 1 W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.L.S. Blhonemin(gton, MN 54055 Survey For. President Fax (952) 854-4268 RICK AND CHANIN ZELLNER — 29.3 — I_----43.5_ I I NI IE. wl I T lip I L_U I I > f1 D' SIDEYARO SETDACK LINE #7461 FRONT ENTRY=991.6 \ O C) 0-)3 ; \\ \ u 28 N \ (3' U1 9. i ON 3i5��i K9so.o 4'R1-1 0 - 9e9'S+ Z'4s +• 909 BENCHMARKS: * MHCB-64 Elevation = 989.63 (From City of Mpls) * Nail in Tree Elevation = 991.50 (SW Corner of Intersection) 0 Legend 990.4x Underground Gas UE Underground Electric (f) JJ Power Pole O yo G N — N 37.1 of N p r�11 rt rn N O t mT �p I FO mo _ 361 1 > f1 D' SIDEYARO SETDACK LINE #7461 FRONT ENTRY=991.6 \ O C) 0-)3 ; \\ \ u 28 N \ (3' U1 9. i ON 3i5��i K9so.o 4'R1-1 0 - 9e9'S+ Z'4s +• 909 BENCHMARKS: * MHCB-64 Elevation = 989.63 (From City of Mpls) * Nail in Tree Elevation = 991.50 (SW Corner of Intersection) 0 • Denotes Iron Monument Found O Denotes Iron Monument Set N86 -10'52"E r� _166.33 plot-- 166.36 lat__166.36 meas. X ` —x986.8 X 9a 0q x I �1 F x 987.1 X a 'm x98 I x990.2 C,A LINE X988.1 SCALE: 1 "=20' x985.6 FROND S x98'1,7 X90.5 N\N� ' 3-5 65 V' C- X34 04 998.6xR=50551 D �5 x987.2 x,85.2 - 5•WALK NOTE: No monuments could be set along front right-of-way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf = 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. 72-09 � Dated: 159-08 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED Legend — G Underground Gas —UE Underground Electric 0 Power Pole Concrete Curb X900.0 Existing Spot Elevation x900.OTC Top of Curb Spot Elevation • Denotes Iron Monument Found O Denotes Iron Monument Set N86 -10'52"E r� _166.33 plot-- 166.36 lat__166.36 meas. X ` —x986.8 X 9a 0q x I �1 F x 987.1 X a 'm x98 I x990.2 C,A LINE X988.1 SCALE: 1 "=20' x985.6 FROND S x98'1,7 X90.5 N\N� ' 3-5 65 V' C- X34 04 998.6xR=50551 D �5 x987.2 x,85.2 - 5•WALK NOTE: No monuments could be set along front right-of-way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf = 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. 72-09 � Dated: 159-08 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED Zd1Icblr Yc4r► ame GA . 49.Ic{u(ss i t � � w►�'�or+S Non -Scannable Item Item Description Folder Number Folder Name G ;;�7�� Job Number 2 Z Box Number 110 !. N H ti l`4ti j U1 �� / Z Etlr►er �°i', MEMORANDUM TO: Angie Kairies, Planner I FROM: Jerritt Mohn, Building Official DATE: July 21, 2009 SUBJ: Review of variance request regarding front -yard -setback on proper located at 7461 Longview Circle (Lot 1, Block 1, Western Hills 2 addition). Planning Case: 09-12 I have reviewed the above request for a variance and have no comment. GAPLAN\2009 Planning Cmm\09-12 Zellner Setback Variance\buildingofficialcom mts.doc City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 ,FFff OF (952) 227-1100 Date: July 20, 2009 Review Response Deadline: August 7, 2009 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I Subject: Request for a front yard setback variance on property zoned Single Family Residential (RSF) located on Lot 1, Block 1, Western Hills 2°d Addition (7461 Longview Circle). Applicant: Richard & Chanin Zellner Planning Case: 09-12 PID: 25-8820010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 17, 2009. The 60 -day review period ends September 15, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 18, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 7, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprmt/Umted) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco Legend OasYY mora. as Hprra GLH tva c..nssms .7 r..... sur. f/ hws.as lain Pauls Map Created: 7-20-2009 PID# 258820010 Property Address: TaWyer Information: 7461 LONGVIEW CIR RICHARD D ZELLNER CHANHASSEN, MN 7461 LONGVIEW CIR CHANHASSEN, MN 55317 [Parcel Properties GIS Acres: 0.35072134 Year Back: 1976 Homestead: Y Above Grade Finished SQ FT: 1141 School District 0112 arcel Location Section: 12 Plat lnfarsaalbn: Township: 116 WESTERN HILLS 2ND ADDITION Range: 023 Lot -00I Block -001 Payable Year 2010 kast Sale Information Sak Dah: 0322/1992 Market Value Land: $97200 FFEsL Sale Price: 5103000 Market Value Building: $137500 QaatiBed/UogoaliBM: QUALIFIED SALE Market Value Total: $234700 I� CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation � ll of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. PLEASE PRINT Name CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION -741,01 LCN(rVl Ftil C p2CLE C" °yN 114- ,y_W VnN SS 1-1 Contact: c Ntct Ani Zt`� UDR Phone:0\514S►uti<rto Fax: Email: MNMarJTECo8a7YAM Planning Case No. 0 'CrrY OF CHANHASSEN RECEIVED 'JUN 17 2009 0141HASSEN PLAVMW DEf T Owner Name and Address: -74u\ L-bNvvl6w CRC -LE CkINOrkAt5atJ Contact: R\cNARD zNER CRtck Phone:CP%2---51 to -)5S Fax: Email: eA-s.Q ciom NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) 7_p2' Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - (City to install and remove) X Escrow for Filing Fees/Attorney Cost' M50CUP/SPRNACNAR/WAP/Metes & Bounds Minor SUB TOTAL FEE $ t" so�27 e -K -A -s-0t5c) An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2' X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: NIA LOCATION:-1L4t.DN LoN6ytEw ciQ-C" AN\jASi pN , tmN LEGAL DESCRIPTION AND PID: WT D1 D 2 5^ $R 200 i 1 S l G f 10 ?W P-1) Co �-Rrt(-E-O23 Lo -r- 7 '(bi-oct-ou 2t�p �ci70iTtoN TOTALACREAGE: -35 WETLANDS PRESENT: YES X NO PRESENTZONING �ESID�t`�t1AL REQUESTED ZONING: R Esl oLN nR L PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: i!-t-5-iU61, TB t -AL REASON FOR REQUEST: e^ tSTim, lPAmE rouiibN-rin" ENc-f-f'AGi4ES Tij1' -b'\i wE wtSH -rD 3utLD A ' ee"Ai)-,) Sl -"e GfoGL S- a;iJn RLE b Tu 0(':;;A INt r1 A RwLE z,,& r= To —, *rz ExtSTtN6- E- kkA-O Rc*N\ENT C2GA1-E-6 E \IJAO�- \ N \G -lb - FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: Nh This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting ting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information 1 have submitted are true and correct to the best of my knowledge. Signature of Applic Date Signature of Fee Owner Date SCANNED G:IPLAN\FommtDeve1opmen1 Review Applicat"ron.DOC Rev. 1108 July 17, 2009 To Whom It May Concern: We are planning to build a new garage and a second story on the existing foundation located at 7461 Longview Circle in Chanhassen. The setback of the northeast comer of the current garage slab is currently at 27.5 feet instead of the required 30 feet. According to the City of Chanhassen Planning Department, there is a minor 17 square foot encroachment that was created when the house was built in 1976. We are NOT planning to increase the encroachment at ground level. There are many houses on our street and in the near vicinity that have living space above the garage. The addition we are planning to build is not unusual for this neighborhood. It seems that if the builder and the City of Chanhassen officials had dealt with the encroachment 32 years ago, we would not be in a position of having to pay for and request a very minor variance now that does not even increase the current encroachment at ground level. This is not a self created hardship in any possible way. We are expanding our house because we have a blended family that includes five teenage children, and we need additional space. We intend to live in this house for many years to come! The construction of our second story will not have a negative affect upon any other house in our neighborhood as we have a comer lot and the minor area of the existing encroachment faces Laredo Drive. Once the addition is completed, the property values of other houses in the neighborhood could potentially increase as the value of our house will substantially increase, and it will be much more aesthetically pleasing. And, as this is the comer lot at the entry of the street, we are quite certain our neighbors will be extremely happy with the improvements made to our house. The exterior materials to be used are not exactly determined, but we expect to use either vinyl siding or fiber cement siding, perhaps with stone or cedar shake accents. In summary, we are building a second story on an existing foundation. We are NOT planning to increase the existing encroachment at ground level. This addition will have no negative impact upon any neighbors or the general public. Sincerely, Rick and Chanin Zellner SCANNED FRONT ELEVATION SCME 114+1'-0' FRED'S DRAFTING k DESIGN LLC d�Y➢DEL Y62-30i-Y50B Onw PM MOI^✓ � L8lMU3 LITE ® MASTER BEDROOM VI w WA vAU �`TTEo ___ � OAB FIRE LACE Y OL 6 S.D. k COi B O S.O. Y CO V EXERCISE ROOM I BELOW Y11R' WnLL AU EXISTING EIOIR 9i' 2J OL {d FRENCH OnI( PoQET � B VRUB LTTEG s. o. Y coz FETBFNOTREVERIE I'�R a Hr(/\yyy'''EEE •T9EIIF'B%F NTY Y VAULTED I L BOXED WINMfW BO%EO WINDOW LSEWB]LITE LBBBW Y LRE SECOND FLOOR PLAN W&E V" 0" ROOEOETUIR' SHINGLES TO MATCH EXISTING 18E FELT STEP SHINGLES "ERE REO. ICE A WATER SHIELO MIN Y-0' ASOVE PLATE LINE IM20811SHEATHINO REUSE MSTING TRUSSES R. INSULATION A MIL POLY ST GYPSUM SOFFIT DPTMIS US SUS FASCIA 1YALOOKOUTS SOPFIT TO MATCH FABCN TO MATCH US TOP PLATE US STUDS 018.0, C. TIID OSS HOUSE WRAPRAPPD SEAMS DRIP CAP OVER W IN VDOORS DRIP CAP DER DECK LEDGERS MD TRIM VINYL IM SIDING TO MATCH EXISTING R-10 WKLINSUUTION 4 MIL POLY 1l BHEETROCK RTARQF .Ia' VERIFY ] W MAKIMUM RISE V MINIMUM TREAD 18'B MUMVARMPON JOIST OETML9: 10-PLUCK TRUSSES 0 A'O.C, 3%6TRUSSSRACINO SPRAYED FOAM INSULAPON LA TIG 08Q TREATED DECK LEDGER W/3 ANCHORS 01V DC. v I'TIND aFP 1 O US TREATED PLATE W SILL SEALER ANCHORSOLTS MW TWIPAI CPPTIAM TYPICAL SECTION .ME 1N'•10' W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.L.S. Blhonemin(gton, MN 54055 Survey For: President Fax (952) 854-4268 RICK AND CHANIN ZELLNER — 29.3 — I—_—_43.5- I 990.4x I I� L_U I I UES—UE_ Legend (n N Underground Gas O cD P`G 90 UT _ — _C— NN _-- 37.1 (JT -0 Existing Spot Elevation N p Top of Curb Spot Elevation 179 u' o m I n07 7;0 mAa o _ BENCHMARKS: 6 / Ksso.o 1 �I �I SIDEYARD SETBACK LINE 07461 FRONT ENTRY=991.6 * MHCB-64 Elevation = 989.63 (From City of Mpls) * Nail in Tree Elevation = 991.50 (SW Corner of Intersection) SCALE: 1 "=20' • Denotes Iron Monument Found O Denotes Iron Monument Set N86.10' 52"E _166.33 plat .— _ L 166.36 meas. � X X — — —x986.8 �_- - 986.1 I �J� N o >< 1 �JO A I I �) x 2985.6 QT Q rq x 987.1 o x CD o N x990.2 / I UtAs x988.1 ^/ FaON�PBD SES x954? —9490.5 X30 8906 x987.2 x985.2 _ .,ae3-: Legend — G Underground Gas —UE Underground Electric 0 Power Pale 'N Concrete Curb X900.0 Existing Spot Elevation x900.OTC Top of Curb Spot Elevation SCALE: 1 "=20' • Denotes Iron Monument Found O Denotes Iron Monument Set N86.10' 52"E _166.33 plat .— _ L 166.36 meas. � X X — — —x986.8 �_- - 986.1 I �J� N o >< 1 �JO A I I �) x 2985.6 QT Q rq x 987.1 o x CD o N x990.2 / I UtAs x988.1 ^/ FaON�PBD SES x954? —9490.5 X30 8906 x987.2 x985.2 _ .,ae3-: J NOTE: No monuments could be set along front right-of-way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. // 72-09 //.c.xJ REF: -�� Dated: 159-08 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED *'a VD 'N L \ 998.6x n\ m m \ x / J NOTE: No monuments could be set along front right-of-way AREAS: because of street project Lot = 15,278.2 sf House = 1,700.8 sf Prop. Bituminous Drive = 584.4 Proposed Addition = 251.9 sf Impervious Surface = 2,537.1 sf 16.6% PROPERTY DESCRIPTION NOTE: No Search Was Made For Any Easements. Lot 1, Block 1, WESTERN HILL 2ND ADDITION, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND S RVEYING, INC. // 72-09 //.c.xJ REF: -�� Dated: 159-08 Woodrow A. Brown, R.L.S NO. 15230 99/71 1 of 1 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 <r11811lltI�1m Date: July 20, 2009 Review Response Deadline: August 7, 2009 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I Subject: Request for a front yard setback variance on property zoned Single Family Residential (RSF) located on Lot 1, Block 1, Western Hills 2n' Addition (7461 Longview Circle). Applicant: Richard & Chanin Zellner Planning Case: 09-12 PID: 25-8820010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 17, 2009. The 60 -day review period ends September 15, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 18, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 7, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco $CANNED Legend Ca Nlmk us"/nap iana�4r r/ IarYr LAN Pnnh Warm PID# 258820010 Est. Market Value Land: $97200 JjSale Price: $103000 Est Market Value Building: $137500 QuaBBed/UnqualiBed: QUALIFIED SALE Map Created: 7-20-2009 Est Market Value Total: $234700 CARVER COUNTY CIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. HANHASS N, MN IIC 61 LONGVIEWCI 55317 [Parcel Properties GIS Acres: 0.35072134 Year Built: 1976 Homestead: Y Above Grade Fbdshed SQ FT: 1142 School District: 0112 [Parcel Location Section: 12 Plat lnformatioo: Tonmship: 116 WESTERN HILLS 2ND ADDITION Range: 023 Lot -001 Block -001 Payable Year 2010 ast So1e Injormation Est. Market Value Land: $97200 JjSale Price: $103000 Est Market Value Building: $137500 QuaBBed/UnqualiBed: QUALIFIED SALE Map Created: 7-20-2009 Est Market Value Total: $234700 CARVER COUNTY CIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. FRONT ELEVATION SC E 114--1 V FRED'S If 19 �P"Im C urs n¢ rowiff • rxuwo,0 An rr IDs grim a �snese n rww/ rmxmmx�asmxr'w vsvx pv M/b �N.y�Fw✓WMn cm�lYtl 1lmcrvFr MNM.CIXOLP\m�'1-'C C�NSTIUC1pP.CgI Onx-lbrl Rpw SME VM' -10' zea• 1r Pd 10 e 2 1 wvvu m Lemwaure MASTER BEDROOM Y1 11B' WDLL GPP b' 9 1j V NII iED V� _ a WEFINE IACE � y�$j y N DL b b B q EP iO.tl Co EXERCISE ROOM pPEN M EELow evnuL•w� 4 a 4 gJ b p NTNN EmsIw (LINO NEgHi 2A0L Ia FRENCX ON( a PO." ET Id B LINEN B ATH a SD. Y CO] veuLreo VFPIFY TIUT PDCIQf DOOP b FI IF NDT gEVEPtE a 'A" � Fµ l E .8 eT�WALL i+ < b / ill VAATED N 9 BDXED wNoow BOMD WINM. L9EppY lliE LSSOnOiLIiE TE o ia' ''aSECOND FLOOR PLAN y'.1' 8a• Tb 1'3• T•a• 1A WC 1/r.1'0• 12-1- se'a' ROOF OETMLR SHINGLES TO MAITCH EXISTING 1L FELT STEP SHINGLES WHERE REG, ICE A WATER SHIELD MIN 74 PBGVE PLATE LINE IY GSDSHEATHING REUSE EXISTING TRUSSES RJ INSUAPON 1 MIL POLY SC GYPSUM "FIT DAYLR .8 SUN EASCM IM LOOKOUTS SOFFIT TO MATCH FASCIA TO MATCH M i OFTAH S' M TOP PI -ATE ]XSSTU04O14'oc. me OSS HOUSE WAAPITAPEU SEAMS DRIP CAP OVER WINDT)CORS DRIP CAP OFF CECN LEDGERS AND TRIM VlM IAP GOING TO MATCH EXISTING R- 1B WALL INSUTATION 1 MIL POLY 1? SNEETROCN VERIFY 134' MAIDMUM RISE S' MINIMUM TREAD yB' MAXIMUM VMMTICN 1 e' FLCON TRUSSES O 24.04 z X G TRUSS BAMING SPRAYED FG INSULATION YI TAG OSN TREATED DECN LEDGER W2 ANCHORS ®IS' O.C. nSTNGv STING 5F�5I, DETNI c� DETNI c MIL TREATED RATE S' SILL SI ANCHORBOLTS CARVER COUNTY TAXPAYER SERVICES DEPARTMENT La,rP Frr)rk^ 1.•ara 7F• 600 Lx' 4•t. Slrur Po &urJ �wr fhackp 441 551±F-ry.;6? or" VW oV RD9te M wee ararvw m us • Pa; ,oia ban oxrtr • �,P bow Tax PaY.erl Rerndrr Properly RAS: R 25.8820010 Id OW. 9761 Teap�y�r 16997 RI CHARD D ZELLNER 7461 LONGVIEW CIR CHANHASSEN MN 55317-9797 Sect42Twp116 Pange.023 WESTERN HILLS 2ND ADD RI ON OeuEot-001 Block -001 /OUR PROPERTY TAX Taxa Payable Year. Evirmted Mta+A Value: PROPERTY TAX STATEMENT 241,6W 239,100 New Immyen"ta or EApied Exdanns': Taxable MartelV*e: 241 JEW 239,1 OD Property ClassRES.HSTD RES HSTD Fia1t tour heeliRihlc jirr 01le forelen 110Y)refundsto ure IYcar pn)pm), tax. SCANNED Read the hack rxjthiy vtaretnent to REFI x13%" find voce livor to appltt VraPsrty Address: A rapt of yowl= trarrvarnr cea he pa nred /raw ow rebore. Taxes hyabM Yw, 2008 2009 1 Use the amuax on Farm M' PR b we N You are d9be 1a a Property tar rsMd, r-"-[ 2796.12 F'e by 49ust 15 1$this tomi s defied. you orgy deingtsrt toes and we W olole. Lf Ux 74 amom Ix the special prcpc(r tax ell on mftWxt I d Form 1111 PR 2063.032. Your Propwty Tell wM Now R Is Reduced Fly The Stan ;. Yaw Property taxes lelom redudicn by stlo W peld aedts 3017.78 2955.33 d. Creft Paid by tha Stile Y VN a rodice yolu pmpwty tea A Momstead ab AWsmO al Mwtet Vaal Crefs 154.78 157.21 S. Your Pres" tax low reductbe by aMe•oxem endo 2063.00 2798.12 Property Tex bydurd kbm 6 :ouulty A CARER COUNTY 652-06 850.74 9 CORAJLAUrHORITY 163 233 7. C*y or Town CITY OF CHANHA.SSEN 53770 514.35 8. State GaI Tax 9, S010d D5W 0112 A Vater A.prwal Leaes 107566 95169 B. Ater Loo* LeYef 200.47 28087 10. SWIM TWV OwsMdts A METRO DISTRICT 59.46 57.54 S. OTHERS 65.33 64.56 D 11 tto,14:1001 may approved referenda 111 65.67 7564 12. TWI prepedytae trfore spoon asseso Wls 21163.00 2798.12 SPKW AaNaYnerft on Your Pr9" IV 13. Special aeaaaamertb Irtt P -W, 61848 25.00 1201.88 RECYCLE MGT ffido STREETIMPR 1.17S.BB K YOUR TOTAL PROPEUT TAX AND SPECIAL ASSE88MMI8 21366.00 4000.00 SCANNED ZELLNER SETBACK VARIANCE - PLANNING CASE 09-12 $200 Variance $200 Notification Sign $50 Recording Escrow $450 TOTAL $450 Less Check No. 5050 from Chanin Zellner $0 BALANCE DUE SCANNED FRONT ELEVATION s lm -rte FRED'S M TING C RICK & CHANIN ZELLNER RESIDENCE wwcu �Y - m.cmN9y vo.maa«f.s .v_ ' w' etas GW Mbtl h p✓ fmWt4n c esz z�s cm W .CgUP -CWsP cn N.CCY C.rr�/W Mqr SC -'LA=D SOr4E 1 ....m 155010 z u MASTER BEDROOM C 11R WNL fiv1l�p[T V lJ B so. a coz sa !cm EXERCISE ROOM e � i,x wul vN11 I 13 Yom,. y 3J0L ld FliEllLll O/J( voger y Y 3 BATH 3 VN ITE➢ io. i L03 w�rvxxtr000n IF NOT XEVFRSE y� 0 FM •Il Ti'11 �� Frl'i8'G7Au ru� o vrur5n eoxEo wNoow eoxlo wirvoow is 02u I I 18501521NE SECOND FLOOR PLAN We l/V., e SCANNED H DETNIS: WINOLES TO WTg EXISTING 1YFELT N10YE RATE LINE 15 OSB GNEATNING REUSE EMSTNG TRUSSES CELWEECS RM INB"nON 1 MIL RGLY W GYPBUM 2X6 SUB F4 1XXLOOXOUTS SOFATTOIMTLN GA TOWTd 2X8 TOP RATE 2X6 SPAS G 1C O.L. 7118OW ROIIBE WRMHA SEMS DW CM OVERW DO S ORPLAPOERCECNI OCER MDTRIM MN l MNG TO WTp EXISTING R-18WNLINSIAFT MIL POLY 1l SNEETROC WMPo 714' MAXIMUM RISE P MINIMUM TR W MAXIMUM VMM.TION � DETALS I W BOOR TRUSSES G N'O.C. R X 6 TRUSS BRACING SPRA FOAM IMUL TION 14TW OSB TREATED DECK LEDGER W(2 ANC s 1T O.C. 2X5 TREATED RATE 6.50.1 SEVER PNCNOR SOUS TYPICAL SECTION SCALE W�tP SCANNED U BE " � �ECT E<LOR SCANNED RCAMMED PID# 258820010 R Copyright m 2009, Carver fenny, Binresota Legend Parcel information Property Address: Taxpayer lnformadou: fits b* DIV*" 7461 LONGVIEW CUt CHANHASSEN, MN 11CRANRASSEN, RICHARD D ZELLNER 7461 LONGVIEW CIR r/ aDrpsslr MN 55317 waw[Parcel "aaas Properties CIS Acres: 0.35072134 Homestead: Y School District: 0112 Ym Built: 1976 Above Grade FhUshed SQ FT: 1142 t�t.� W� ^/ hiarraaar arcel Location IaW Section: 12 Plat Intarmadon: ft Towuship: 116 WESTERN HILLS 2ND ADDITION aw>w Range: 023 Lot -001 Block -001 ayable Year 2010 est Sale Information Est Market Value Land: $97200 Est Market Value Building: $137500 Est Market Value Total: $234700 Sak Date: 03/2211992 Sale Price: $103000 QuaBBed/Unqualified: QUALIFIED SALE Map Created: 7-20-2009 CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation An of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not respomiblc for any inaccuracies contained herein. RCAMMED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 07/20/2009 Receipt No. CLERK: katie PAYEE: RICHARD ZELLNER 7461 LONGVIEW CIRCLE CHANHASSEN MN 55317 Planning ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 Total 450.00 Cash 0.00 Check 5050 - Chanin Zellner 450.00 Change 0.00 &CANNED