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CAS-17_3301 TANADOONA DRIVE (STARKS)Generous, Bob To: bkallevig@mnpools.com Cc: Hoese, Doug; Mohn, Jerry, Aanenson, Kate Subject: 3301 Tanadoona Dr. - pool fence Ben: I am writing to confirm that a variance will not be required for the fence height around the pool at 3301 Tanadoona Drive. Rather, the city is treating this fence as a non -conforming structure, and since no expansion was made to the fence, no variance is necessary. City code states that non -conforming structures may be maintained, but cannot be expanded. The self closing gate and latch are still required prior to final approval for the pool. This fence has been in place since 1990 and seems to have provided adequate protection for the pool area. Additionally, this site is rather isolated and separated from adjacent uses. If you have any questions or need additional information, please contact me. e Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952)227-1131 beenerous(@ci.chanhassen.mn.us CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 10/19/2012 12:41 PM Receipt No. 00201684 CLERK: AshleyM PAYEE: Minnesota Pools Inc 3405 Hwy 169 N Plymouth MN 55441- 3301 Tanadoona Drive Variance Planning Case 2012-17 -------------------------------------- Variance 200.00 Notification Sign 200.00 Recording Escrow 50.00 Total Cash Check 3259 Change 450.00 0.00 450.00 0.00 ( Cl�` a 0z'a- 1 lo)aW1i�" CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. The Greenscapes Lawncare business is classified as a contractor's yard as defined in the Chanhassen City Code. 6. A contracting yard would increase the intensity of the use of the property because the previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. 7. The planning report 92012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 5. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. DECISION The Chanhassen City Council determines that Greenscape Lawncare is an intensification of the use of the property and is therefore not in the best interest of the community to permit to occupy the premises and therefore must vacate the property. ADOPTED by the Chanhassen City Council this 22nd day of October, 2012. CITY OF CHANHASSEN ffm Mayor g:\plan\2012 planning cases\2012-13 6411 bmtton way zoning appeal-culson\findings of fact and decision.doc Generous, Bob From: Ben K. [bkallevig@mnpools.cwm] Sent: Friday, October 26, 2012 12:11 PM To: Generous, Bob Cc: Aanenson, Kate; Hoese, Doug; Mohn, Jerry Subject: RE: 3301 Tanadoona Drive - pool fence Hi Bob, Correct, and duly noted. Regards, Ben Kallevig Minnesota Pools Inc. Dolphin Pool & Spa Inc. (763) 233-6032 Office (763) 542-9001 Fax (763) 300-9007 Mobile bkallevWcDmnpools.com bkallevig a)dolphinpool-spa com From: Generous, Bob[mailto:bgenerous(dci.chanhassen.mn.usl Sent: Friday, October 26, 2012 11:55 AM To: bkalleviq@mnpools.com Cc: Aanenson, Kate; Hoese, Doug; Mohn, Jerry Subject: 3301 Tanadoona Drive - pool fence Ben Just wanted to clarify the fence issue. Though we are allowing the property to keep the existing fence, city code does require that pool fences be five feet in height. The property owner is aware of this requirement and could increase the height to five feet to bring the fence into compliance, but chooses not to do so. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerous anci.chanhassen mn us Generous, Bob To: bkallevig@mnpools.com Cc: Aanenson, Kate; Hoese, Doug; Mohn, Jerry Subject: 3301 Tanadoona Drive - pool fence Ben: Just wanted to clarify the fence issue. Though we are allowing the property to keep the existing fence, city code does require that pool fences be five feet in height. The property owner is aware of this requirement and could increase the height to five feet to bring the fence into compliance, but chooses not to do so. :.. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerousPci.chanhassen.mn us Email CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No.';ko j01 (� CIN OF CHANHASSEN• RECEIVED OCT 1 y 7012 CHANHASSEN PLANNING OFPT Name and Address: _ I Propertv Owner Name and Contact: Phone6/Ya07-54/7 Fax: 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) Nonconforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) j!PO-t4J Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign$200 (City to install and e) X E ow for Filing Fees/ omey Cost" $50 UP/SPRNA N�WAP/Metes & Bounds 50 Minor SUB TOTAL FEE $�� An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 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 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 10/19/2012 12:41 PM Receipt No. 00201684 CLERK: AshleyM PAYEE: Minnesota Pools Inc 3405 Hwy 169 N Plymouth MN 55441- 3301 Tanadoona Drive Variance Planning Case 2012-17 ------------------------------------------------------- Variance 200.00 Notification Sign 200.00 Recording Escrow 50.00 Total Cash Check 3259 Change 450.00 0.00 450.00 0.00 PROJECT NAME: LOCATION: ry►�fF DG�W k ��l C LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners 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. Signature plicant Y�l Signatur of a caner g:\plan\fon \development review application.doc IOM/i-- ate /a �g Date SCANNED Generous, Bob From: Mohn, Jerry Sent: Monday, October 22, 2012 1:04 PM To: Meuwissen, Kim; Generous, Bob Subject: RE: 3301 Tanadoona Variance Referral I have reviewed the referenced documents and have no comments. Jerritt Mohn Building Official City of Chanhassen From: Meuwissen, Kim Sent: Monday, October 22, 2012 11:42 AM To: Mohn, Jerry; Fauske, Alyson Ce: Generous, Bob Subject: 3301 Tanadoona Variance Referral • A copy of the referral document is attached. • Please review the variance documents from the following link: http://67.63.229.140/we b li n k/B rowse.aspx?sta rtid=249391&d b id=0 • Please respond with comments no later than November 9. 2012 to (replies to this email will automatically be redirected to Bob Generous): Robert Generous Senior Planner 952-227-1131 bbgenerous(&ci.chanhassen.mn.us Kim Meuwissen CITY OF CHty EN Planning Seerelarerary 952-227-1107 kmemnissen!aei. chanhassen. mn. us 11 Find us on Facebook 71RO7fiiJt.?�taJ.a�:+its • • �..►•►.. DeZ LEGAL DESCRIPTION AND PID TOTALACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 3301 TANADOONA DRIVE VARIANCE - PLANNING CASE 2012-17 $200.00 Variance $200.00 Notification Sign $50.00 Recording Escrow $450.00 TOTAL $450.00 Less Check #3259 FROM Minnesota Pools, Inc. $0.00 BALANCE SCANNED Exhibit A Requested Variance: Allow existing 4' fencing around in -ground pool. Reason for Fencing Requirement Variance Request: • Existing 4' fencing has successfully enclosed in - ground pool in its exact location since 1990. • Fencing is non -climbable. • Fencing is extremely heavy duty w/spears on top to discourage leaping over. • The In -Ground pool being enclosed is located in the center of "acreage" • Pool is not visible from any surrounding property or streets. SCANNED I 0 I Y U:3 UL:3 cc +'— 4 It "'Y.. .y • Y t 'I • .� iic .-aic Aim- i li•i '� , °1 1 t AIRICAMPA %W, s. \I�,� .� _ mo r a a a ri n t Exhibit C L EXISp ING POOL & DECX AS -BUIL reengineered IMISMV IM Wn� Starks Residence - Chanhassen, MN Existing Conditions (As -Bi rrd 6, 6639f4M -It6 Exhibit D Goo � �� 3301 TANADOONA DR CHANHASSEN moi.,' 1 .} L 1�J Pool Location A -a Mawr Lq*W* -s Esa 6KbUr+ A4N m-&�E& SCANNED N -N Carver County, MN Y4 '3( l ir oV r t . r - .:. r .�; Property Information Parcel ID: 250083320 Taxpayer Name: PETERSON REVOCABLE TRUST Taxpayer Address: 3301 TANADOONA DR Taxpayer City SL Zip: EXCELSIOR, MN 553318048 Property Address: Property City: CHANHASSEN GIS Acres: 9.73 AS400 Acres: 9.74 Homestead: y School District: 0112 Watershed District: WS 062 MINNEHAHA CREEK Tax Exempt: N Platname: oew.rer The map .,as vein C.rw COLM" ceowiip < Map Scale N a1lp.aewl sy.le®(Gls),IIb8fOt'V Y Gf NUllllihlllHN h011l aerwa Cy.Cer.xy. Smb, ana remr1 inch = 655 feet auveyea or bpaty recpaeE map and a ft been .. WE m .,� C k.*o n°'e'p.rea fix. y'umaaQs Map Date 10/19/2012 S SCANNED Exhibit C EXISTING POOL &DECK AS -BUIL L v�.Ta ll6l Tubuwam-Yw-'M1ww.-..... �r' r, Vf•f. icaa� reenplrt�c'Ied .•--' r`��-�w��-�=w TMs° Star�Residence-Chanhassen,MN•i _ � ,Exinditions (As -Built) � Exhibit C EXISTING POOL &DECK AS -BUIL 1 w.ra o * - '', :"4. 7=2 Starks Residence - Chanhassen, MN reenginecled AQ3.0 ,Existing Conditions (As -Built) j CEud.wn MN555)I �yYbMN1550 nw.mynur.aF[.wn Exhibit C 1 E%ISTING POOL& DECK AS -BUIL Kaa menon"md Starks Residence - Chanhassen, MN " ----- Existing Conditions (As -Built) AQ3.0 Exhibit C 1EXISTING POOL & DECK AS -BUIL n ^ YfO. N 1L10 _�,j „•I Trt J wO n •^—�- Starks Residence - Chanhassen, MN FF reengineered ..._, '� _ M.NewYi =^-w� ,Existing Conditions (As-Built)III AQ3.0 . ... i�bw mlTwbom Pi:; OW Iu Ywn M:nlmmi .. u._a. N VI I T Vr Ur1AIV171AJDtIV, MIIVIVtbU IA 937-1900 �'] INSPECTION FOR ��.I DATE_L—J TIME TIME & DATE INSPECTION DESIRED T -I J >;t ')o ADDRESS , ` � 47\0.6 -.tea pEpM1T NO.� CONTRACTOR TAKEN BY:. WATER METER REMOTE CORRECTIONS NlCK . IJCi1J-CSI " If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make cor- rection called for Date Time Inen...�... P