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CAS-17_MCHUGH, TIMOTHYSTAFF REPORT PROPOSAL: Request for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on property located in the Single Family Residential District at 7450 Chanhassen Road. (All proposed setbacks are measured from the eaves of the structure) LOCATION: Lot 5, Block 1, Sunset View 7450 Chanhassen Road Chanhassen, MN 55317 APPLICANT: Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential —Low Density (Net Density Range 1.2 —4u/Acre) ACREAGE: 0.42 acre DENSITY: N/A SUMMARY OF REQUEST: The applicant is proposing to build a storage shed on the side of their home. The proposed storage shed will require a 5 -foot side yard setback variance from the minimum 10 - foot side yard setback requirement. Staff is recommending denial of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. 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. McHugh Variance Planning Case #05-17 May 17, 2005 Page 2 SUMMARY OF PROPOSAL The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road and is zoned Single Family Residential (RSF). The applicant is requesting a 5 -foot variance from the required 10 -foot minimum side yard setback for the construction of a storage shed. The current ordinance reads that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed six inches from the eaves. APPLICABLE REGUATIONS Sec. 20-615. Lot requirements and setbacks. (6) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, 10 feet. Sec. 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built. Sec. 20-908. Yard regulations. (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches; Sec. 20-91. Zoning compliance review. (a) Zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc.: One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, less than 120 square feet in building area. (b) Any zoning compliance review application that fails to meet zoning ordinance requirements shall be denied by the community development director. BACKGROUND The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road (Hwy 101) and is zoned Single Family Residential (RSF). The applicant is requesting a 5 -foot variance from the required 10 -foot minimum side yard setback to build a storage shed. The subject property was platted as Pan of the Sunset View Subdivision which was recorded on May 11, 1954. The house was built in 1987. McHugh Variance Planning Case #05-17 May 17, 2005 Page 3 This property is a nonconforming lot of record in that it is only 55 feet in width at its widest point. Also, the minimum lot size for a sewered riparian lot on a recreational development lake is 20,000 square feet. The subject property has an area of only 18,295 square feet. However, the lot does meet the minimum depth requirement with an average depth of 326.17. The shed in question came to the attention of the City on August 30, 2004 when the City received an anonymous letter stating that Mr. McHugh was constructing a "small addition" on the side of his house and it was thought that a building permit was not applied for. On August 30, 2004, an inspection of the subject property was made at which time the applicant was informed that a building permit (zoning compliance review) must be applied for or else the shed must be removed within fourteen (14) days. On September 7, 2005, Mr. McHugh applied for a building permit (zoning compliance review)." T e permit was denied because the shed was located within the side yard setback. The applicant was informed that the shed must either be removed or a variance must be applied for. In discussing the matter further, the applicant informed staff that he was aware that storage sheds less than 120 square feet in area did not require a permit, but was unaware that such structures must maintain a 10 -foot side yard setback. McHugh Variance Planning Case #05-17 May 17, 2005 Page 4 Staff reviewed city records to determine if setback variances had been granted within 500 feet of the subject property. This review turned up the following cases. Address Variance File Number Variance 27 -foot front yard setback variance for the 40 Hill Street 99-20 reconstruction and expansion of a garage 24 -foot front yard and 9 -foot side yard setback 20 Hill Street 85-4 variances for the construction of a one car garage ANALYSIS The site is zoned Residential Single Family (RSF). The applicant has completed a majority of the construction on the shed in question. The shed measures 8' x 12' which equals 96 square feet. Chanhassen City Code does not require building permits for storage sheds of less than 120 square feet. However, such structures do require a zoning compliance review. The City uses zoning compliance reviews to ensure that structures, which do not require a building permit, still comply with zoning ordinances. Checkpoints of a zoning compliance review include setbacks, hard surface coverage and structure height. •;v LI McHugh Variance Planning Case #05-17 May 17, 2005 age 5 The topog ap to site i�\,kl!ppe�E�glificantly in various locations, thus limiting the options for placeme a -storage shed comp g with ordinance requirements. The elevation of the lot changes fronria high elevation of 9.45.6 at the northeastern front property corner to an elevation of 934.67 at the front of the garage to an elevation of 896.3 at the lake, which is the Ordinary High Water Elevation (OHW) of Lotus Lake. Larry Mon, the owner of the neighboring property to the south (the side of the home where the shed is placed) has written a letter expressing his support for the variance request. Mr. Mon states, "With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views." *Picture taken from the vantage point of the house located on Mr. Mon's property (7470 Chanhassen Road/Hwy 101). Staff acknowledges the applicants' efforts to design and place the shed in a subtle fashion. The applicant has built the shed with the same roof pitch as the principal structure that it sits next to. The applicant is also proposing to use the same vertical siding on the exterior of the shed as that used on the principal structure. The exterior of the shed will also be painted to match the existing home. The pictures below demonstrate that the shed is situated such that it is almost completely unnoticeable from Chanhassen Road or Lotus Lake. The width and topography of the lot greatly limit options for placement of a storage shed. The only viable alternative, which would comply with ordinances, is to place the shed in the middle of the rear yard between the home and the lake. The lakeside elevation of the home on the subject property consists primarily of windows overlooking Lotus Lake. Placing a shed in the rear yard would obstruct the lake view of the homeowner and potentially that of the neighbors. Furthermore, the shed would become visible from Lotus Lake. Because of this the applicant chose to place the shed on the south side of the house. tt However, approval of a variance is contingent upon proof that the literal enforcement of the Chanhassen City Code would cause an undue hardship. Not having a reasonable use of the property would constitute an undue hardship. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A reasonable use of this property, a single-family home with a two -car garage, already exists. Any use of the property beyond that discussed above is strictly ancillary to the principal use. Based on these factX staff must recommend denial of this request. 4+a%T.O, McHugh Variance) Planning Case A -17 /1 KP May 17, 2005 l� _ l G Page 7 l b Z z--4 FINDINGS JM — NB A �-< * M/ J M 54 2 �« w The Board of Adjus� enand 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 theZrperty cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasona a use rnclu a use ma 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 not cause an undue hardship. By having a single-family home and a two -car garage the property owner has a reasonable use of the property. 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 that he within the Single Family Residential District. 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 proposed development may increase the value of the property; however, staff does not feel that is the sole purpose for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Construction on the storage shed began before completing a zoning compliance review; therefore, this is 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: Staff does not feel the variance would be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. £ 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 substan thin the nei boyhood. r! i « { Finding: The proposed variation impair an adequate supply of light and air to adj t property or substantially increase the congestion of the public streets. McHugh Variance Planning Case #05-17 May 17, 2005 Page 8 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #05-17 for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF) based upon the findings in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner has reasonable use of the property." Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves Variance #05-17 for a 5 -foot variance from the minimum 10 - foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF) with the following conditions: 1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of the shed and painting the shed the same color as the principal structure." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Timothy & Diane McHugh dated April 15, 2005. 4. Letter from Larry Mon dated April 13, 2005. 5. Building Plans. 6. Public Hearing Notice and Affidavit of Mailing List. 7. Lot Survey. gAplan\2005 planning cases\05-17 mchugh varianc6staff reportAoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Timothy & Diane McHugh for a 5 -foot variance from the minimum 10 - foot side yard setback to build a storage shed — Planning Case No. 05-17. On May 17, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Timothy & Diane McHugh for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF). 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 Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 5, Block 1, Sunset View 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. Literal enforcement of this chapter would not cause undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential and Shoreland Management districts. c. The construction of a storage shed will not significantly increase the value of the property. d. The alleged difficulty or hardship is a self-created hardship. e. The granting of the variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. f. The proposed variation may 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. 5. The planning report #05-17 Variance dated May 17, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission denies the variance from the side yard setback for the construction of a storage shed ADOPTED by the Chanhassen Planning Commission on this 17'h day of May, 2005. CHANHASSEN PLANNING COMMISSION IW Planning Commission Chairperson g:\plan\2005 planning cases\05-17 mchugh variance\findings of fact.doc PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: Timothy J. McHugh 7450 Chanhassen Road Chanhassen MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: timm(a)mchsi.com Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Planning Case No. 05_19 _ Owner Name and Address: Timothy J & Diane A McHugh 7450 Chanhassen Road Chanhassen, MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: timmp_mchsi.com Temporary Sales Permit Vacation of Right-of-Way/Easements X Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Escr w for Filing Fees ey Cost** $50 UP/SPR/VA A 1AP/Metes & Bounds - $400 Minor SUB '96b.00 TOTAL FEE $ 206:00 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. * Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8Yz" 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: Storage Shed LOCATION: 7450 Chanhassen Road LEGAL DESCRIPTION: Section 12 Two 116 Range 023 Sunset View Lot 005 Block 001 R25.8400040 TOTAL ACREAGE: WETLANDS PRESENT: YES X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Due to the long narrow size of the lot I am applying for a variance for a storage shed on the south side of thegropertv. Enclosed you will find the following documentation: Evidence of ownership Plot plan showing property lines and location of storage shed Bill of material Documentation Showing the base for the shed drawing showing the shed's placement to the existing structure and a letter from Larry Mon owner of the_property to the south supporting the placement of the storage shed 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. 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. / Q N�4 Ll- Signature of Applicant V Date 9 US Signature of Fee OwnV Date CADocurnents and SettingsVimmchugWy Documents\City of Chanhassen varienoe Request0evelopment Review Application.DOC Rev. 3/05 SCANNED 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. • Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane McHu 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road - Chanhassen, MN 55317 612-636-7389 Existing Porch On House a m z z m `a^� m o < m s � Z Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey Proposed Shed N � V m SCANNED 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 May 5, 2005, 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 McHugh Variance — Planning Case No. 05-17 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. ,.N . 1 1F 1 Subscribed and sworn to before me this -fj!�day of Dna4 , 2005. No Pu lic an KIM T�Pu�bfic-Minnesota EUWISSEN Notal' is v My Com SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: I Tuesdav, MaV 17 2005 at 7:00 p.m. Location: I Cltv Hall Council Chambers 7700 Market Blvd. Request for a 5 -foot variance from the minimum 10 -foot side Proposal: and setback to build a store a shed Planning File: 05-17 Applicant: Timothy & Diane McHu h Property 7450 Chanhassen Road Location: 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 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952.227-1132 or e - Questions & mail lmetzer@ci.chanhassen.mn.us. If you choose to submit Comments: 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 at http://206.10.76.6/weblink 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 commerolal/Industrlel. • 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 complexly may take several months to complete. Any person wishing to follow an Item thrqugh the process. should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representafNe Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also avallable 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 notrIcatlon. w Q U) r N Lu Lu N ^ ��oor aaoo� z z Q Q U Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 le O� B s ood Lotus Lake Ir 7 ihad r' - C aro r 7450 Chanhassen ' Road r , ,t L L 0 r 0 S U S oe L FTM AS R & AMY B EDSTROM CARL B FITZSIMMONS & PAT H FITZSIMMONS & THOMAS PATRICIA K FITZSIMMONS PATRICIA L FITZSIMMONS CHANHASSEN MN 55317 7480 CHANHASSEN RD 7400 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT FLYNN & STEVEN T JENKS STEVEN A & BETH A MCAULEY VALERIE FLYNN 7490 CHANHASSEN RD I*HILL ST. 401HILL." CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 TIMOTHY J & DIANE A MCHUGH LARRY P MON FREDERIC OELSCHLAGER EfAL 7450 CHANHASSEN RD 7470 CHANHASSEN RD 7410 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JEANNE M RAYMOND SEYMOUR S RESNIK CHRISTOPHER & TRACEY RUST 7440 CHANHASSEN RD 7370 KURVERS POINT RD 7500 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 DANIEL C & RUTH C SHOEMAKER SCOTT J & DENISE B SMITH DAVID E & CAROLYN M WETTERLIN 7380 KURVERS POINT RD ",HILL -ST 7420 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CERTIFICATE OF SURVEY FOR Roe -(of- Cmsfro 66,,7 Lot 5 , 6WC-K /' .57u73ef Vev C.'orve� Coon tyt H(nne.5otrz " T. He NO. 101 mdJV.i I 112 N � I Edd,Ea of Bit Ru -.r/ I _Cash) y4�1 ss oaf l �— _n. I 9 Rct vN( / cc LEGEND \)S _g4fO.15 0 Iron monuments Vol alto PROPOSED ELEVATIONS {Lr (9aa ) existing elevations oJ& 00-61 lowest floor F90-41 proposed elevations se4.w garage floor i� direction of proposed surface drainage 93So top of foundation HansenThorp o a �e I 44r I I EarSt'nS p Y ' J�(�Aa� Fl V .-.fes b Ma� YG.33. {1. MH" m t7�1 i r J L{ - 'yv%"�L U - ll3 (Vxin) J 1_ n 5 n w a I 7ws olaL. fuss. cru. f ILI g 27 -GS ROv10 -1—�� 140810 (m211121-0700 ® P4 rR L / cc LEGEND \)S _g4fO.15 0 Iron monuments Vol alto PROPOSED ELEVATIONS {Lr (9aa ) existing elevations oJ& 00-61 lowest floor F90-41 proposed elevations se4.w garage floor i� direction of proposed surface drainage 93So top of foundation HansenThorp I bere4y certlry that this eamey,ae,araej by mebill hngr ohne. my eet aumbidilon la a live File ui. t I ane aa..e�t raareaenbue..1 the bmmidl W m, aloe. deamlbae land aim at tee Wildman, halonlam Pelhnen Olson Inc. of all dam tberaon, and as•ielwe ero rca,,mdd , ll.,. rrmnoron NrW erMtMtlamadYyreysiradYMeeneyarl.MerSbtaatYlmeapb5btma .Section 3}0.03 b 324.16 - Bvoe-Page Cameher Banes t 1,line Ssaeywr 7ws olaL. fuss. cru. 27 -GS -1—�� (m211121-0700 /Z 66 y ' o.b:S ftagleeattoe All i3G 7 Planning Commission Meeting May 17. 2005 • G `- 17 12. The areas beneath decks must either be sodded or landscaped with mulch or rock with a fabric liner. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A 5 FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE YARD SETBACK TO BUILD A STORAGE SHED ON PROPERTY LOCATED AT 7450 Josh Metzer presented the staff report on this item. Papke: In terms of the storage available on the site here, the garage, the dimensions are listed here. I take it this is a two car garage, is that correct? That the occupant currently has. Timothy McHugh: Yes. Papke: Okay. And is there any storage above, maybe I'll hold this for the applicant. Okay, that's all I have. Keefe: Can you speak briefly to the other variances that you found on that area of the lake. You've got 2 listed in here. Is Hill Street nearby? Metzer: Yeah, it's to the southwest. Keefe: Oh I see it, south of the property. So there are a couple of them. Metzer: Hill Street is here, Subject property is here. Keefe: Alright. And then in terms of 27 foot front yard setback variance. Construction, expansion of garage so that was actually going towards the street, correct? Metzer: Correct. Keefe: And then is that, 1985. Is that what I'm looking at? Okay. 9 foot side yard setback. Construction of a one car garage. Okay. And those are the only two that you found in regards to variances which have been granted along the sort of east and south of Lotus Lake? Metzer: Correct. Keefe: Okay. And then another question, what does the fire department say about access in regards to this? 7 0 0 Planning Commission Meeting —May 17. 2005 Metzer: Fire Marshal had no comment. Keefe: Okay. Alright. Because what space do we have between then the shed and the neighbor to the south? Metzer. Quite a distance. The existing garage of the subject home and the, you have an existing garage here which is probably the most proximate to the neighboring home. The proposed shed here is a much greater distance. Actually there's a photo in the staff report showing, a picture taken from the neighboring property looking towards the shed. There's a row of trees that are inbetween the shed and the neighboring home. Keefe: And the access from a fire perspective would be, if they needed to get to the lake side of this property. Metzer: This wouldn't hinder that. Keefe: This wouldn't impede that. Undestad: ...non -conforming under the 20,000 square feet. How many other lots around there, that lake are under 20,000 feet? Metzer: That I don't know. It looks like possibly, right next door it may be, and the 2 or 3 to the south of it. After that the lots get quite longer. And they're 18,000 some thousand so it's not that far out. So I would assume maybe 2 or 3 others surrounding. Undestad: In this development, this Sunset View as part of this that was done back in '54, was that this whole area along. Metzer: I believe it was the 10 lots, the 10 long narrow lots that you see on the east. The eastern shore. Undestad: And the rest of those, I mean width wide, are they all in the 55 foot range or are they a little more? Metzer: They vary. The ones toward Hill Street look to be about the same as this and a couple others next door, but other than that, a majority are wider. More so up the street. Undestad: Anybody else have sheds out in the yard out there? Timothy McHugh: There are other sheds. Metzer: Quite a few, I noticed a couple right down at the lake. McDonald: I've got a couple of questions. First of all, this shed is not attached to the building, is that correct? 0 Planning Commission Meeti• May 17. 2005 • Metzer: Correct. McDonald: And I'm a little unclear about this myself but what would happen if they went out to Home Depot and they bought one of those plastic sheds you can buy? At that point, they probably put a foundation in to level it up and everything. Would that also have to come before us then for a variance review? Metzer: Placement of the shed would have to, yes. McDonald: Okay. And then one of the things you put in the report, you said it may impair the adequate supply of light and air. How? That's on page 9. Actually I'm sorry, it's on page 7(f). Metzer: That might have been a typo. McDonald: Okay, because I'm at a loss to see how it impairs. Metzer: I am too at this moment I guess so it's most likely. McDonald: With that if there's no other questions, I will now ask the applicant to come forward. Please state your name and address for the record. Timothy McHugh: My name is Timothy McHugh. I live at 7450 Chanhassen Road. Right on Lotus Lake there. To give you a little bit of background here, we built in '87 and you know we understood all the setbacks and everything and when we placed the house where we did, we basically took into consideration what it would do to the other neighbors. I originally wanted to put the house closer to the lake to get more of the view because right now I'm over 200 feet away from the lakeshore, and the reason we didn't plan the house that way is because we thought we would impair the view for the neighbors, and I know I wouldn't appreciate anybody doing that to me for what you pay to live on a lake, so basically we put it back so both neighbors bought into it. If I would have put it forward I probably could have put the shed on the street side. I really don't have room on how the lot is. You are correct, I was notified about it. I was under the impression you could build a shed as long as it wasn't over the 120 square feet and if it wasn't a structure attached to the house, I thought it was perfectly legal, and I didn't think there were any requirements and I found out later I was wrong and for that I apologize. And after we were notified, we looked at all possible areas to put the shed and I cannot find any place to put it where it will conform and not be in the neighbors view or from the light, so that's kind of how it really were it ended up where it is, and we went to great expense and pain to decide that so it doesn't look like somebody went to Menard's and bought a shed and just plopped it in there. And we were had the cedar siding and everything to match it to where it actually looks like an addition, and that's why somebody called is they thought I was building an addition, which I wasn't. Because the original notice I had had addition on there, and then it was crossed out when the inspector went down there, he realized there was a shed but I am too close to the line, so I do understand you know why I was ticketed basically for it. Let me put this up. It's currently about 2 inches away from the house and I have cement blocks on there and ties underneath it in the ground to hold it so it won't shift. I know there other sheds in the area and there are a lot of structures that don't conform, however they were built basically before there were any laws and C] 0 0 Planning Commission Meeting — May 17. 2005 so forth. I mean if you actually look right here, this deck is like 18 inches from our property line and the house is 4 feet from my property line. I don't know what else to say. I really don't have any place else to put it and I really need the storage, mainly for the riding lawn mower which is 4 feet. If you have any questions I'd. McDonald: Any questions? Papke: Do you have any rafter space or anything for storage? I know you can't obviously put a riding lawn mower on the rafters but I'm just trying to make sure I understand what your alternatives are for storage. Timothy McHugh: Yes, there are rafters up there. I have some lawn chairs but that's about it because there's not much weight you could put up there. Papke: Okay, so the main purpose of the shed is storage of the riding lawn mower. Timothy McHugh: For yard tools and riding lawn mower. If it would help I wouldn't have any problems putting a fence in down the property line. Not a whole one but you know just to off set it, if somebody really thought it was necessary. I do have a letter in there from the neighbor. He totally is for it and he doesn't believe it obstructs his view. Keefe: Do you see the neighbor to the south? Timothy McHugh: To the south, correct. Keefe: Okay. Timothy McHugh: Which is the owner of this property right here. Keefe: And was it the City who thought you were doing an addition or was it another? Timothy McHugh: I don't really know. Maybe. Keefe: I think it said an anonymous letter, didn't it? Timothy McHugh: Yeah. Undestad: On the north side there, is that your access down to the lake? Timothy McHugh: There's a pathway here. That's also where the gas meter and so forth is. On that end of the garage. And that's where the electricity comes in and there's really not enough room there either. Undestad: If you had just the opposite side of the structure where your shed is now, what's on that side of your house? M1 Planning Commission Meeting May 17. 2005 • Timothy McHugh: I'm sorry. Undestad: Yeah, you're showing that the drive. Timothy McHugh: Oh, I pointed in the wrong place. Yeah, the gas meter is right in here. Undestad: And the rest of that kind of elevation just keeps going down? Timothy McHugh: Yeah, it goes down correct. Undestad: ...the jog, where your house jogs in down there. Did you look at putting it over there too? Timothy McHugh: Well actually we looked at putting it over here, but there are windows there for the bedroom in the basement and so forth right on the ground level. Really can't put it, and in front of it, and also I have the same problem width wise over there as I do on the other side. McDonald: Is this envisioned to be a permanent structure then? Once you put it up it will stay up? Timothy McHugh: I didn't plan on taking it down if it's approved. McDonald: At the front of your lot, toward 101 and the area there I guess that would be kind of to the north. Where your front yard is at and everything. What's up in that area? Timothy McHugh: We actually dug it out on the south side of the lot. On the east side of the property there for the driveway. There's probably a 4 foot high berm up there with trees and so forth. McDonald: Okay. And the drop off from the house, about where the house jogs on the, it'd be on the north side. Is that a rather, I mean looking at the pictures it looks as though that part of the house begins to, it's two stories at that point. Is it kind of a walkout like at that particular stage where the ground's coming down toward the lake? I'm trying to get an idea of where the elevation begins to drop off. Timothy McHugh: Basically after the garage it starts dropping off. However on the other, where this is, it actually starts dropping off right at the end of the garage. It just, the natural slope goes all the way down to the lake that way. McDonald: Okay. That's all the questions I have. Undestad: One more quick one. On here it says you have no foundation or anything on there. Is it just dirt floor and you just drive into that? 11 0 0 Planning Commission Meeting — May 17. 2005 Timothy McHugh: No. Yeah, what I did is I dug it out. Oops, sorry. There we go. And I have cement blocks. These squares and then these are what, 6 by 5 ties that are attached on all the corners with angle irons screwed into the, so it can't move. Undestad: So you just put a wooded decking or something over the top of that? Timothy McHugh: Right. I've got a complete write up in there on the 3/4 inch exterior plywood treated. It's built not to go anywhere or it's basically built to code of any thing as far as materials go. McDonald: Okay. And at this point there's no further questions from staff, I'll throw it open to the floor, if anyone out there has any comments. I would invite you to come forward now and speak before the council. Well I guess having seen no one moving to come up, I will close discussion and tum it back to the commission here for comment. Keefe: One more question Josh. On the one picture it looks like there might be a retaining wall on the south side of the property to the east. Is that a retaining wall or what is the sort of garden area? Yes, that one. Metzer: Yes, it's probably about, how many feet would you say that is Tim? Timothy McHugh: Lengthwise it's probably 30. It's two tiered from the ground up. Diane McHugh: ...up from the south neighbor... Keefe: Right. Right. Metzer: From the view we're looking at is the short side. Once you get to around to the back of it, it's a bit higher. Keefe: Right. And then the, it looks like the retaining wall extends further to the south and the proposed shed is. No? Timothy McHugh: No, actually. Diane McHugh: It's right by. Keefe: The tree. Diane McHugh: Yeah, that's where it's. Keefe: But what I'm saying is I think the retaining wall takes up more, is closer to your neighbor's property line than the shed will be. Timothy McHugh: Correct. You're correct. 12 Planning Commission Meeting May 17. 2005 • Keefe: Is that a fair statement? Metzer: Yeah, it's probably very close, I'm sure. Keefe: Yeah, okay. You know retaining walls are fairly permanent type of fixture. We don't require a variance to have a retaining wall. Metzer: No. Retaining wall's actually are treated like a fence. They came come within 1 inch of a property line, granted that engineering okay's it and there's no easements. There'd be no easements on this property. They could be within 1 inch of the property line if they chose. Keefe: Okay. Without a variance. Metzer: Yeah. Keefe: Okay. McDonald: You have one more? Timothy McHugh: If I could say one more thing. The retaining wall was put in by the request of the city to give us a move in permit because of the, they were afraid of runoff and erosion. Keefe: I may as well just continue since I'm going. Now I guess one of the questions I'm struggling with is what is the hardship here and I'm trying to come up with a reason for hardship other than potential for no room for a riding lawn mower. You potentially could put that in the garage. Not enough storage on site, I mean in order to approve a variance we have to meet the conditions of the hardship right, so we need to, in order to be able to grant it we'd have to come up with some. Any thought from your perspective on, I mean that's why you denied it, right? Metzer: Right. We don't have the ability to, as staff to recommend approval of something like that. I'd just note the applicant's you know great lengths to help it blend with the existing structure. We recognize that. Keefe: Right, but that doesn't really address the hardship requirements for hardship. Okay. Any thoughts on hardship guys? McDonald: Hardship's one of the things I was struggling with too because it's, you know I think you probably look at replacing the property to place this and I don't know where you're going to place it because he's on a hill. I understand that. But then at the same point I don't have a good hardship either. I thought about that. Does anyone else? Papke: One other data point to consider, I think this is about the fourth variance request I can remember in the past 6-8 months or so where the variance was requested after the entity had been constructed. Whether it was a garage or a shed or whatever, and I think in good faith to the city code I think we almost have to shut our eyes to the fact that it's already there. I mean I think we have to just say, would we approve or deny this if, I think you did a great job of building the 13 0 0 Planning Commission Meeting — May 17. 2005 shed, as I'm sure it'd be a great shed. But I think we just have to kind of close our eyes to the fact that it's there right now and approve or deny it on the basis of, if the applicant was in here and there was nothing there, what would we do? So, just another perspective. McDonald: I would agree with that and I tried to look at it from that standpoint too, but I guess, Deborah, you got something? Zorn: I would have to agree with Kurt that it does seem like quite a challenging lot and I don't know if there's any way to, for the applicant to look at possible storage under what he's got or that's probably been considered already but, I would have to treat it as well as Kurt mentioned, as if there was no, a structure was not there currently, how would we treat this and the hardship is probably where I would feel it's not as strong. Undestad: And you looked at other places on the site. Could you slide that around the comer or anything? Diane McHugh: If you ... we did manage to try to get the DNR ... so we have access for things that we need for the back yard, not for the front yard. The front yard doesn't really need any... Undestad: We're not even making you stand up here. Diane McHugh:... We felt that that would be deter from the look of the lake from people coming around and driving to take a very rubbish area and... Undestad: Yeah, I mean I can see how you can't see it. I mean you did a great job of blending it in there. Like they say, the problem we're having is trying to come up with a reason for a variance that will be based on hardship here. Diane McHugh: It was difficult... for the garage. Okay. We're looking at a lot that we bought and we feel we could ... It's not a very big home. It's a very small home, and so from the side if you are looking at where we could take a mower through, it's not easy. It is not easy going through there with a mower. If we had to work around the drainage off the Highway 101 to be able to not bother our neighbors to the south, and work it so it goes along the side there and there's a not a lot of room to work with on that side, so ... but we have retaining walls on both sides because there's a slope here to the lot, and ... going towards the lake. And makes it so much easier, I'm going to be very honest. We do not put our mower in the garage. We found it a hardship to try to keep it in the garage. We put it on the patio blocks that's back there underneath the 3 season porch. We would like to keep it a little bit neater, cleaner look to our... lot so we wanted a small shed to be able to put a snowblower, and also the ... cleaning up the yard back there. That was our hardship. We felt, I did not like the garbage. I did not like seeing my mower and my, all the things laying out on that patio underneath my porch. Timothy McHugh: ...nice patio. 14 Planning Commission Meeting May 17. 2005 • Diane McHugh: Well it just looks dirty... They have a hard time finding them on the lake but once you get there, you can ... you can see them. It's not easy to keep bringing them up to the garage. McDonald: On the shed itself, how big of a, if we were to say you've got to cut it back, could you cut it back? Would it be usable at that point? How much room do you actually need in there? Timothy McHugh: We would need 48 inches for the mower pad. So if we ended up with, I have... It's like a garage door but it was made for a 51/x feet so we could get the mower in at least enough room for the headers and what you need to support it. McDonald: Any other questions? Papke: Just one other observation. You know I think also the comment from the neighbor that he approves, I think we do have to take into account that that neighbor may not be there forever and whoever buys the house next door, at some point may not approve and that's why we have the codes in place is because people change and opinions change but you know the code should stay the same. Keefe: Just a question in regards to reasonable use. I mean one of the things that we got on page 7(a) is, you know second sentence says undue hardship means it probably can't be put to reasonable use because of size, physical surrounding, shape or topography. Is there anything in that, given where the shed lies and the need to do, traverse the property? Question of reasonable use. Do they have reasonable use of the property for themselves, and I can't say that they don't. You know. McDonald: Well as far as flat areas, where is the property flat besides that one particular spot because you've got a berm up front. It evidently starts sloping from the garage down to the lake on the north side. Where else on the property could it go? Undestad: Right, assuming they didn't have one and they brought something in, where they logically put it. McDonald: Where would they logically put it? Undestad: Probably right there. Keefe: Well you know, the question of reasonable use of the property is having a shed you know sort of a requirement for reasonable use. Metzer: Down by the lake isn't really an option either because it has to be water oriented accessory structure to be within 75 feet of the lake and using it for storage of a lawn mower or snowblower would not be considered water oriented. 15 0 Planning Commission Meeting — May 17. 2005 McDonald: So that keeps pushing them back up toward the house, and it keeps putting them in that one particular area. Timothy McHugh: We tried looking at every possible place and there isn't any other place it can be that somebody isn't going to object to. If I put it out in the middle of the yard. McDonald: Well does anyone else have any more comments or any further discussion on this? Any recommendations that maybe there's something else that we could do? I'll be truthful, I'm afraid that if we say yeah we'll go ahead and give you the variance, we have no basis to do that. You'll get up before the City Council and it will be denied up there because we need to give them something and right now I can't see it. I mean I understand not wanting to have clutter in your yard. All of that's a positive and everything, but I'm afraid this just doesn't rise to the level of a necessity at this point. And the only way that we can look at this is as though it doesn't exist, so you know if you'd come to us with this and we were looking at it as to approve it or not, I think we would be hard pressed to give you the variance. Timothy McHugh: I thought part of the reasoning from what I read in there that, does it conform to the rest of the neighborhood? And I mean look at what we're really up against right here. I mean you don't even notice this. I mean I see this every day I go in and out of the house and the garage. McDonald: Well I agree with you but as the last case points out on all these lake front properties, we have to be very careful about granting variances. There have to be good reasons for doing so, and whereas a house, a place to live is one thing. A shed is something entirely different. And that's what we're wrestling with is that you know to grant this variance, are we opening up Pandora's Box to all these other lots? Now one suggestion I might make is that, is it possible to table this and work with staff on something to come up with another solution on this? I don't think it's going to end up where it's at, I'll be honest with you but maybe there's something else that could be done. It's just at this point I'm afraid the sentiment is that if this goes to a vote, we'll probably go along with what staff recommends because we have not been able to find I think what you need us to have us grant a variance. Keefe: Let me ask just a couple of questions. You know on the other side, I mean we're having a hard time with the hardship but on the other side, you know if you look at where the retaining wall is on their property, it actually extends and it's a pretty permanent structure in that retaining wall that they've got in there. I mean it actually extends closer to the property line than the shed would and so, I mean you've got a, really a hard structure that's already there that's sort of encroaching on the neighbor's yard. You've got the agreement from the neighbor that it's okay to do this. You've got ... it's still closer to the property line than this shed would be if it were approved. Those are some of the things that are on the other side, but the question we've got is, can we find a hardship and then I guess by, you know I guess our task is to uphold the codes of the city as best we can, right? So, anybody else got any thoughts on that? McDonald: Where on this drawing is the retaining wall? I mean I see the picture here and You're talking about the one that goes down by the... 16 Planning Commission Meeting May 17. 2005 • Keefe: This line here. I mean that one is closer to the property line and that's a fairly permanent structure. It's landscaping. It's not a shed that's, unattached shed, right. It's not. Timothy McHugh: Yeah, there's a porch here. This is our entry into the house. And then as Josh drew in here, the retaining wall comes up this way and it's two tiers and each tier is probably what, 4 feet? So we're probably 8 feet in the retaining wall there. Where you see the difference in the colors of the stone is actually the property... Undestad: And you can't really drive your tractor down that side of the house can you? ...So that's part of the reason why you want your shed in the back there because you, it's difficult to get back and forth. Timothy McHugh: Right. McDonald: Well, I guess if you look at it from the standpoint of the use of it's property. There's no place else to put it. Keefe: Would that create a hardship? McDonald: Well I guess where it begins to create a hardship is that, I mean one of the things that's advantageous to the city is that as people are on the lakes and you know the homes and everything present a neat you know appearance. It doesn't look as though we have junk cluttered up or anything such as that. If you go around the lake, on most of the lots around there, you don't find those kind of situations on Lotus Lake. People are able to put these types of things, either in a garage because they've got a larger lot, or they do have sheds on the garage, or on the lots that they are able to take care of this. He's not able to use, there is a patio underneath the 3 season porch, am I correct? Timothy McHugh: That's correct. McDonald: And at this point that's where all this ends up going. Timothy McHugh: Rather than get stored there. McDonald: So it, I mean based upon all that, where else could he put something such as this? There is a hardship there that there is not another place on the lot where something such as this could go. Papke: Mr. Chair, I guess I respectfully disagree with that. I don't think having an enclosed structure for one's lawn mower is a hardship. I agree with the aesthetics and we want the house to look nice from the lake, but you know, they're parking it on the patio now. And that seems to work so. McDonald: Okay. Well at this point I'm willing to accept a motion from the committee. 17 Planning Commission Meeting —May 17. 2005 Papke: Well Mr. Chair, I'll make a motion that the Planning Commission denies Variance #05- 17 for a 5 foot variance from the minimum 10 foot yard setback to build a storage shed on a riparian lot zoned single family residential based upon the findings in the staff report and the following. Number 1. The applicant has not demonstrated hardship. And number 2. The property owner has reasonable use of the property. McDonald: Do I have a second? Zorn: I will second. Papke moved, Zorn seconded that the Planning Commission denies Variance #05-17 for a 5 foot variance from the minimum 10 foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential, (RSF) based upon the findings in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner has reasonable use of the property. All voted in favor, except McDonald and Undestad who opposed, and the motion carried with a vote of 3 to 2. McDonald: Okay, motion passes 3 to 2. Variance is denied. APPROVAL OF MINUTES: Commissioner Papke noted the Minutes of the Planning Commission meeting dated April 19, 2005 as presented. Acting Chair McDonald adjourned the Planning Commission meeting at 8:05 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim m L McHugh Variance Planning Case #05-17 May 17, 2005 Page 3 This property is a non -conforming lot of record in that it is only 55 feet in width at its widest point. Also, the minimum lot size for a sewered riparian lot on a recreational development lake is 20,000 square feet. The subject property has an area of only 18,295 square feet. However, the lot does meet the minimum depth requirement with an average depth of 326.17. The shed in question came to the attention of the City on August 30, 2004 when the City received an anonymous letter stating that Mr. McHugh was constructing a "small addition" on the side of his house and it was thought that a building permit was not applied for. On August 30, 2004, an inspection of the subject property was made at which time the applicant was informed that a building permit (zoning compliance review) must be applied for or else the shed must be removed within fourteen (14) days. On September 7, 2005, Mr. McHugh applied for a building permit (zoning compliance review). The permit was denied because the shed was located within the side yard setback. The applicant was informed that the shed must either be removed or a variance for encroachment on the side yard setback must be applied for. In discussing the matter further, the applicant informed staff that he was aware that storage sheds less than 120 square feet in area did not require a permit, but was unaware that such structures must maintain a 10 -foot side yard setback. McHugh Variance Planning Case #05-17 May 17, 2005 Page 4 Staff reviewed city records to determine if setback variances had been granted within 500 feet of the subject property. This review turned up the following cases. Address Variance File Number Variance 27 -foot front yard setback variance for the 40 Hill Street 99-20 reconstruction and expansion of a garage 20 Hill Street 85-4 24 -foot front yard and 9 -foot side yard setback variances for the construction of a one car garage ANALYSIS The site is zoned Residential Single Family (RSF). The applicant has completed a majority of the construction on the shed in question. The shed measures 8' x 12' which equals 96 square feet. Chanhassen City Code does not require building permits for storage sheds of less than 120 square feet. However, such structures do require a zoning compliance review. The City uses zoning compliance reviews to ensure that structures, which do not require a building permit, still comply with zoning ordinances. Checkpoints of a zoning compliance review include setbacks, hard surface coverage and structure height. McHugh Variance Planning Case #05-17 May 17, 2005 Page 5 The topography of the site is sloped significantly in various locations, thus limiting the options for placement of a storage shed complying with ordinance requirements. The elevation of the lot changes from a high elevation of 945.6 at the northeastern front property comer to an elevation of 934.67 at the front of the garage to an elevation of 896.3 at the lake, which is the Ordinary High Water Elevation (OHW) of Lotus Lake. Larry Mon, the owner of the neighboring property to the south (the side of the home where the shed is placed) has written a letter expressing his support for the variance request. Mr. Mon states, "With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views." *Picture taken from the vantage point of the house located on Mr. Mon's property (7470 Chanhassen Road/Hwy 101). Staff acknowledges the applicants' efforts to design and place the shed in a subtle fashion. The applicant has built the shed with the same roof pitch as the principal structure that it sits next to. The applicant is also proposing to use the same vertical siding on the exterior of the shed as that used on the principal structure. The exterior of the shed will also be painted to match the existing home. The pictures below demonstrate that the shed is situated such that it is almost completely unnoticeable from Chanhassen Road or Lotus Lake. The width and topography of the lot greatly limit options for placement of a storage shed. The only viable alternative, which would comply with ordinances, is to place the shed in the middle of the rear yard between the home and the lake. The lakeside elevation of the home on the subject property consists primarily of windows overlooking Lotus Lake. Placing a shed in the rear yard would obstruct the lake view of the homeowner and potentially that of the neighbors. Furthermore, the shed would become visible from Lotus Lake. Because of this the applicant chose to place the shed on the south side of the house. However, approval of a variance is contingent upon proof that the literal enforcement of the Chanhassen City Code would cause an undue hardship. Not having a reasonable use of the property would constitute an undue hardship. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A reasonable use of this property, a single-family home with a two -car garage, already exists. Any use of the property beyond that discussed above is strictly ancillary to the principal use. Based on these facts staff must recommend denial of this request. McHugh Variance Planning Case #05-17 May 17, 2005 Page 7 FINDINGS 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 not cause an undue hardship. By having a single-family home and a two -car garage the property owner has a reasonable use of the property. 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 that tie within the Single Family Residential District. 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 proposed development may increase the value of the property; however, staff does not feel that is the sole purpose for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Construction on the storage shed began before completing a zoning compliance review; therefore, this is 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: Staff does not feel the variance would be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation may impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. McHugh Variance Planning Case #05-17 May 17, 2005 Page 8 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #05-17 for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF) based upon the findings in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner has reasonable use of the property." Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves Variance #05-17 for a 5 -foot variance from the minimum 10 - foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF) with the following conditions: 1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of the shed and painting the shed the same color as the principal structure." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Timothy & Diane McHugh dated April 15, 2005. 4. Letter from Larry Mon dated April 13, 2005. 5. Building Plans. 6. Public Hearing Notice and Affidavit of Mailing List. 7. Lot Survey. 9Aplau12005 planing cases105-17 mchugh variance\staff reportdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Timothy & Diane McHugh for a 5 -foot variance from the minimum 10 - foot side yard setback to build a storage shed — Planning Case No. 05-17. On May 17, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Timothy & Diane McHugh for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF). 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 Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 5, Block 1, Sunset View 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. Literal enforcement of this chapter would not cause undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential and Shoreland Management districts. c. The construction of a storage shed will not significantly increase the value of the property. d. The alleged difficulty or hardship is a self-created hardship. e. The granting of the variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. f. The proposed variation may 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. 5. The planning report #05-17 Variance dated May 17, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission denies the variance from the side yard setback for the construction of a storage shed. ADOPTED by the Chanhassen Planning Commission on this 17'h day of May, 2005. CHANHASSEN PLANNING COMMISSION P -W Planning Commission Chairperson gAplan\2005 planning cases\05-17 mchugh variance%ndings of faadoc PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317—(952)227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: Timothy J. McHugh 7450 Chanhassen Road Chanhassen, MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: timm(gD-mchsi.com Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Planning Case No. 05-1 Name and Address: Timothy J & Diane A McHugh 7450 Chanhassen Road Chanhassen, MN 55317 1 TITF154M r,7LVA Caa Phone: 952-934-0533 Fax: Email: timm(cDmchsi.com Temporary Sales Permit Vacation of Right-of-Way/Easements X Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Esc r w for Filing Fees ney Cost** $50 UP/SPR/VA AR AP/Metes & Bounds - $400 Minor SUB 1.50.00 TOTAL FEE $ ZWQ0 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. * Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/:" 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: LOCATION: 7450 Chanhassen Road LEGAL DESCRIPTION: Section 12 Two 116 Range 023 Sunset View Lot 005 Block 001 R25.8400040 TOTAL ACREAGE: WETLANDS PRESENT: YES X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: ¢Sr`Ua✓L�?e oby �%, ns REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Due to the Iona narrow size of the lot I am applying for a variance for a storage shed on the south side of the property. Enclosed you will find the following documentation Evidence of ownership Plot plan showing property lines and location of storage shed Bill of material Documentation Showing the base for the shed drawing showing the shed's placement to the existing structure and a letter from Larry Mon owner of the Droperty to the south supporting the placement of the storage shed 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. Signature of Applicant12. Signature of Fee Own /S -0,Y Date 9 -►3 -US Date CADocuments and SettingsttimmchugWly Documents\City of Chanhassen vadenoe Request0evelopment Review Application.DOC Rev. 3/05 SCANNED 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 R pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane Mc ugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 SCANNED CERTIFICATE OF SURVEY FOP: kOeCOf Ca76&Lef1i3n Lot 5 , 5COCX / , Sunxf Vev G'arre` CottntE�, Hinne3ota- T. H. NO. 101 toii;i n 0 I I Ed�C of Bit Pmd 14 I 20 ,n. I . � R c. ✓at( Al �E M M J 3 e p° to n 's 41 0 f4rin S � r { � 1 7 ROVI® RCS101 ry-rR t LEGEND / O�US 89tO �5 0 Iron monuments d ('8` ) existing elevations � vsa proposed elevations i— direction of proposed surface drainage .x,ws Mo� PROPOSED ELEVATIONS NF-01NF-01 lowest floor r4+-2 garage floor o top of foundation 1 Hansen Thorp f 1� Pellinen Olson Inc.;eb ' CovWtllq E�prJw.{try go..W�. rw> orwt. w'.a. Citi. IMrcoff Mt2? Nlasuroftre bounddesoftun0ermy Jlrect aupanlabn, laatrva a d... t.,...ew�Nen..M.,.neM..ertw,.eo..,.K�w, .wo..e.ta. 1, e.rowiamae'a ir:.a •i.,.ei :urs» .a.•st. amui�nao stamta S.Wn 326.02 to MAC /�✓ Fiie No. Z-jea amY-aWa 27 -GS Ea.n v,:n.. yN ssaLLas« �' etas (mn 52 700 Date: c� �7i BSS pRybayon No / /�•.jO Existing Porch On House a C m m m m z `a m ^) o < s m 0 z N Proposed Shed Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed See attached Survey 1 SCANNED Shed Base SCANNED 12 ft Floor Joists 16" on Center I 8 f zXSX$ SCANNED 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 May 5, 2005, 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 McHugh Variance — Planning Case No. 05-17 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. K en J. Ei gel ardt, eputy Clerk Subscribed and sworn to before me this _fj� day of , 2005. Not Pu lic J#Notary KIMT. MEUWISSEN Public-Minnesotay Canmisaiai Eaplres Jan 31, 2010 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 17 2005 at 7:00.m. Location: Cit Hail Council Chambers, 7700 Market Blvd. Request for a 5 -foot variance from the minimum 10 -foot side Proposal: and setback to build a storage shed Planning File: 05-17 Applicant: Timothy & Diane McHugh Property 7450 Chanhassen Road Location: 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 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail If you choose to submit Comments: 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 at htta://206.10.76.6tweblink 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 commerciavindustdal. • 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 apokesperson/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 Plannina Staff person named on the notiflcatlon. IN W F- rn W W r N 2oo> aaoo� z z a a U Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 le O- B s ood Lotus Lake L- 7 Lih �- r' C a r0 r 7450 Chanhassen ' Road r ca L- F - ZZ ;Z r 0 LL S U S oe i THOMAS R & AMY B EDSTROM 10 HILL ST CHANHASSEN MN 55317 ROBERT FLYNN & VALERIE FLYNN 40 HILL ST CHANHASSEN MN 55317 TIMOTHY J & DIANE A MCHUGH 7450 CHANHASSEN RD CHANHASSEN MN 55317 JEANNE M RAYMOND 7440 CHANHASSEN RD CHANHASSEN MN 55317 DANIEL C & RUTH C SHOEMAKER 7380 KURVERS POINT RD CHANHASSEN MN 55317 CARL B FITZSIMMONS & PAT H FITZSIMMONS & PATRICIA K FITZSIMMONS PATRICIA L FITZSIMMONS 7480 CHANHASSEN RD 7400 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 STEVEN T JENKS STEVEN A & BETH A MCAULEY 7490 CHANHASSEN RD 20 HILL ST CHANHASSEN MN 55317 CHANHASSEN MN 55317 LARRY P MON FREDERIC OELSCHLAGER ETAL 7470 CHANHASSEN RD 7410 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 SEYMOUR S RESNIK CHRISTOPHER & TRACEY RUST 7370 KURVERS POINT RD 7500 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 SCOTT J & DENISE B SMITH DAVID E & CAROLYN M WETTERLIN 30 HILL ST 7420 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 McHugh Variance Planning Case #05-17 May 17, 2005 Page 2 SUMMARY OF PROPOSAL The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road and is zoned Single Family Residential (RSF). The applicant is requesting a 5 -foot variance from the required 10 -foot minimum side yard setback for the construction of a storage shed. The current ordinance reads that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed six inches from the eaves. APPLICABLE REGUATIONS Sec. 20-615. Lot requirements and setbacks. (6) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, 10 feet. Sec. 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built. Sec 20-908. Yard regulations. (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches; Sec 20-91. Zoning compliance review. (a) Zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc.: One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, less than 120 square feet in building area. (b) Any zoning compliance review application that fails to meet zoning ordinance requirements shall be denied by the community development director. BACKGROUND The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road (Hwy 10 1) and is zoned Single Family Residential (RSF). The applicant is requesting a 5 -foot variance from the required 10 -foot minimum side yard setback to build a storage shed. The subject property was platted as part of the Sunset View Subdivision which was recorded on May 11, 1954. The house was built in 1987. CITY OF CHANHASSEN STAFF REPORT PC DATE: May 17, 2005 CC DATE: June 13, 2005 REVIEW DEADLINE: 6/14/05 CASE #: 05-17 BY: JM PROPOSAL: Request for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on property located in the Single Family Residential District at 7450 Chanhassen Road. (All proposed setbacks are measured from the eaves of the structure) LOCATION: Lot 5, Block 1, Sunset View 7450 Chanhassen Road Chanhassen, MN 55317 APPLICANT: Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential —Low Density (Net Density Range 1.2 —4u/Acre) ACREAGE: 0.42 acre DENSITY: N/A a SUMMARY OF REQUEST: The applicant is proposing to build a storage shed on the side of their home. The proposed storage shed will require a 5 -foot side yard setback variance from the minimum 10 - foot side yard setback requirement. Staff is recommending denial of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. 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. T wgcvM )Y Mai Co ticwQ CO 7'lAs� C%iEG (fi/a I two j�iG uL1 }{ a� 4JAJ4455C-.3 A4 L? Cff11aFfAssf-N� J1'InJ WAs SSuiD 44- utLot 7 144c7 0j � e S C'oN5i2ocri4c7 A SvnAu ADD3TfoN on7 TE rtN 5cms QS tyoosc RLC7P-r INc-3cT To `ii':oP�n"C USE : ( N t2C- 15 Nz> tau c Ln 14 C-7 U 15 [ f3 LE A" of - M- o ZNE4- WIC -79 (jo P S P.& --A LL CE (U jk9 A L IF'T7��2 IZ��j�1�vl�x' f 11S ��QP0 9 s 7- F;4 A UA9(ArZCr o l C"�N� IBJ G t�0 0y14)Ns 3 0 ?004 NS'°FCTj�NS w{t,P to ❑ a WOOD STAKE PLACED o = IRON.MON. SET • = IRON MON. INPLACq, 9�p B.M.-7<120F /1 r/aee 97— F,Po.'r vwe Ecru 9/J� BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM 1st FLOOR ELEV. GARAGE FLOOR ELEV. BASEMENT ELEV. TOP BLOCK ELEV. —+,z DRAINAGE 000.0 = EXIST. ELEV. (000.0� PROPOSED ELEV. E 3 P= EXIST. 3 PROP. ELEV. 000.0 I hereby certify that this plan, survey or report was JOB N SCHOBORG prepared by me or under my direct supervision and that I am 423Z- ND 2 3 Z - a duty Registered Land Survey un w of the State ND SURVEYING of Minnes k -age INC. cn�n/J--`tee-rasX-OF Scale SW / SW Co. Ad. 13 SE Datc: l�`C 9, � %� Registration No. 14700 f 972-3221 Deism, MN 55329 CITY COPS 414 � FOR: S e7O5S APPS Y; (�^ Lor /a iBY: DEPT:ON" DATE.SyF- y1 r DEPI': DATE: LeY i/ BY: 1 g -P0 -o DEBT: DATE S 3 �9 Q 'PRO ILL,- COQ 0 L SyFo� E/B leT//,BCoc//. Suv16T✓iEuo E F g�'6s � _ - <ws/b,/ True• s eos,..;, �� b � � o>�r�o/ ,�.,o;. ;o ¢ter KKeev.frYa 9/lo r� y Ii�� f4t ❑ a WOOD STAKE PLACED o = IRON.MON. SET • = IRON MON. INPLACq, 9�p B.M.-7<120F /1 r/aee 97— F,Po.'r vwe Ecru 9/J� BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM 1st FLOOR ELEV. GARAGE FLOOR ELEV. BASEMENT ELEV. TOP BLOCK ELEV. —+,z DRAINAGE 000.0 = EXIST. ELEV. (000.0� PROPOSED ELEV. E 3 P= EXIST. 3 PROP. ELEV. 000.0 I hereby certify that this plan, survey or report was JOB N SCHOBORG prepared by me or under my direct supervision and that I am 423Z- ND 2 3 Z - a duty Registered Land Survey un w of the State ND SURVEYING of Minnes k -age INC. cn�n/J--`tee-rasX-OF Scale SW / SW Co. Ad. 13 SE Datc: l�`C 9, � %� Registration No. 14700 f 972-3221 Deism, MN 55329 CITY COPS ro STATE TRUNK 'A X96 HIGHWAY N0. 101 yy3to. APEROVED DATE: DEPT.: Ea of DATE: 'j -/J By--lw DEPT.: Qflj DATE: 9_-2 - h vane nu. "� 4 rB.fi_ f�47� �••- 6f -- SO -"Sa 1 W� M a 17 iN 1 _ 1 9 � 1 .Sf _ '&Z't. 2 // 3Stf_ 3-_732 SURVEY FOR: A PLUS CONSTRUCTION f11=30' j� 8qq\ 8q8 3 '7 - DESCRIPTION: DESCRIPTION: Lot 9, Block 1, SUNSET VIEW. 3>3.9s 9..... BENCHMARK: Top of 2" x 2" wood stake near southeast corner of proposed garage as showh.. Elevation = 919.13 (Chanhassen Datum). GENERAL NOTES: 1) - Denotes iron monument found. 2) - Denotes wood stake. 3) x920.2 - Denotes existing spot elevation. 4) x(918.9) - Denotes proposed spot.elevation. 5) t— - Denotes direction of surface drainage. 6) Proposed garage floor elevation = 919.1. 7) Proposed 1st floor elevation = 928.2. I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under the Vws of the State of Minnesota. Theodore D. Kemna Date: 17 April 1986 License No. 17006 Prepared By: SCHOELL & MADSON, INC. Engineers • Surveyors • Planners • Soils Testing 10550 Wayzata Boulevard Minnetonka, Mn. 55343 Tel. 546-7601 No r �4go CV CV ,n r � V m CV 2953 o, P � Al, e s� 919.0 9.8 � m /839 I .-920.21 CV F Czar. ,fir, v 600 40 9\ Ca 118. �8 •.. X43 3l 0 O nO �C J O O CV J �I �11�1111 ��11 3.00 j 2 26 .20 P. P G DISCREPENCY AREA/ M 12 ,����� \SEE DETAIL .12 \ � G i. 1 ✓M B� J\ EL 8 900 905 910 915 920 925 I 930 935 EXISTING GAZEBO (APPROXIMIONATE ORIENTAT) rt r I = 2, 0 S j FZ ENCY AREA DETAIL g No Scale 0 )1SCREPANCY / 1 1 W Line parallel withthe 90. north line of Parcel/ _— — 0.00 Discrepancy 514.56 3'19"W Line per monumentation do occupation 0 30 I EXISTING IBUILDING 1 I I i c ,V I BE O ( - G. G i BE i FS8805 19 EXISTING / BUILDING / 941 940 PROPERTY DESCRIPTION Commencing at the Northeast comer of Governm {t Throe (3), Section 12, Township 116, Range 23; thence South along the East line of said Lot 3, Section 12the , Township 116,ke', thence 23. 1Northerly 29 feet; talong the Shoarehence West of shore of the Lake; of l said lake to the North he theortline of said Government Lot thence East along point of beginning, Carver County 3, Section 12, to the p Minnesota. HARDCOVER Q ATEECHI� WAY 101 RaHT-OF-WAY �M 10 EXSANG 5 lloW CERTIFICATE OF SURVEY FOR Roeco{ Ca �SE�vcfion Lob 5 8(ocK / , SftrlSef Vel✓ Carver County, M7nne5ota- k,C9ro�l)_ 4364 T. H. NO. 101 I^^ M 0 I Edje of 6� N I I zo a .o TN 3y dr,flfri44.1 s_ IV-;'0"� FX't't,nq }lou se. shed LEGENDv15 o iron monuments VOA ejeL) PROPOSED ELEVATIONS m{erexisting elevations `�lowest floor proposed elevations 43 wgarage floor direction of proposed surface drainage 4350 top of foundation I hereby certify that this survey, prepared by me or under my direct supervision, is a true File NoHansen Thorp antl correctrepresentation of the boundries of the above described land and of thelocation of all buildings, if anythef-xin, and all visible encroachments, if any, from oron Pellinen Olson fine. saidlandand that l am a duly registered land surveyor, -oder State of Minnesota Statutes Section 326.02 to 326.16. book -Page Consulting Engineers 6 Land Surveyors 7565 Office RWge C,rcleEden Prairie, MN 55344-3644Scols (612) 82"700 Date:J Registration No. X.71/ •:�l Y t� Y l �'"'�*� �. � ,till I h c Ilka lqft Y z i, 1= J zo iS � 1 J 77 SO `01 r^1 � m ,N � ?� — -C % Z- .� A Ak. 'a AO, J zo iS � 1 J 77 SO `01 r^1 � m ,N � ?� — -C Q , 1100 j 4A� i Ak. 'a AO, LA i ( (0 — Z I `01 r^1 � m ,N � ?� I j �• Q w m j 4A� i 35 City Council Meeting — Ju•27, 2005 0 c5-0 Drive. The existing drainage and utility easements were granted to the city as part of the Boyer Lake Minnewashta Addition. It was platted in 2005. With the lots consolidation, from 4 lots to 3 lots a new drainage and utility easement had been dedicated to the city for new drainage and utility and relocation and storm sewer lines. In order to remove the old easements, encumbrance with the new Boyer Minnewashta Lake lots, the developer has requested that the city vacate the old easement. Staff has no objection with the easements to be dedicated and the easements to be vacated, and again this drawing, or I'm showing the, in blue here the easements to be vacated and the new drainage and utility easements that are dedicated. And again it's to consolidate from 3 lots, or from 4 lots down to 3 lots as the developer has requested so. With that I stand for questions and again I request a public hearing be opened. Mayor Furlong: Thank you. Any questions for staff? No? Okay. At this time I will open the public hearing as well and invite all interested parties to come forward and speak on this matter. Seeing nobody, without objection we'll close the public hearing and bring it back to council for discussion. Any discussion on this matter? If not is there a motion to approve? Councilman Peterson: So moved. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Seeing none, we'll proceed with the vote. Resolution#2005-62: Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves a resolution vacating drainage and utility easements (light shaded) and dedicating the new public drainage and utility easements (dark shaded) as defined on the attached vacation and parcels A, B and C legal descriptions, with the following conditions: 1. Due to the relocation of property lines, existing easements need to be vacated and new easements dedicated. The request before the City Council is to vacate some of the existing easements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Kate Aanenson: Thank you. This item appeared before the Planning Commission on May 17`" It was recommended for denial by a 3-2 vote. Therefore, because it did not receive the 75% as required by the city code, this item is here before the City Council for final action. The subject site is located on Chanhassen Road or 101. Has access onto Lotus Lake. The subdivision was created in 1954, although the house wasn't built until the mid 80's. Again with the same 11 SCANNED 0 0 City Council Meeting — June 27, 2005 direction of the lot, this would be 101. It does have lake access. It's a very deep lot. It's non- conforming as far as the narrowness of the lot and the square footage because it's a riparian lot. It would require 20,000 square feet. It has the appropriate depth but not enough width. The staff in the background reviewed their existing non -conforming and variances given in the immediate area which were attached in your staff report. The topography on the lot is sloped in various locations, thus limiting options for the placement of the shed. So the city did receive notice of the addition to the house. Somebody thought it was an addition and actually it was a shed. So this is a view looking again towards the lake. On there you can see that the lot is pretty steep, so the applicant in front of their letter, you may have noticed, to take you back. First part is visibility. To put the shed somewhere on the site would also impede somebody else's visibility of the lake, so ultimately they had decided to attach to the house. In order to maintain the 10 foot setback they encroach 5 foot so that's what the request is, for a 5 foot variance. Again you know the staff in reviewing this, if you were to put it towards the lake, it probably would increase somebody else's obstruction of the lake, so if you were to grant a variance and does it seem reasonable to attach it, the staff struggled with this and actually recommended either way for the Planning Commission. They felt that the literal interpretation and was somewhat split with the 3-2 vote. So in the recommendation of the staff report, one of the concerns that we had is if the City Council were, to be consistent with the house and as they kind of laid it out, it is, it's got the shed roof and architecturally compatible with the siding so it looks like, again in the regular city ordinance we do allow some bay windows and those sort of architectural features to encroach. So with that if you tum to page 8 on the recommendation, the Planning Commission stated that denial, because they have reasonable use of the property, or the request if you do choose to grant the variance, the construction of the shed be, match the principal structure using the vertical siding on the shed and painting the same color as the principal structure. With that I'd be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for staff. There may be some in a minute but are the McHugh's here this evening? Any comments you'd like to make this evening? Tim McHugh: Yes. Tim and Diane McHugh. We're the property owners at 7450 Chanhassen Road and as I stated we're here basically, 3-4 weeks ago we were at the Planning Commission and a lot of the members felt they didn't have a good feel for the area. How it really looked in there so we did supply more pictures and you know just to take about 10 seconds here to give you a review how we really ended up here is when we originally designed the shed, it was under 120 square feet so I really didn't believe I needed a permit. It turns out you don't. What you need the permit for is the setback which I'll be honest I didn't realize that, and that's how we got there. They originally thought it was an addition to the house because we kind of designed it that way so it would blend in and the siding and everything, we designed and purchased was basically we took that into account and the whole purpose was so it wasn't intrusive to any of the neighbors. And also I believe in the documentation you have, after the Planning Commission they went in and searched the records and there's a list of all the ones in the neighborhood that do not comply for the variances. This is, this one here is the house. The little, the property to the south of us has two rental properties. The main house, which they rent out 5 bedrooms I believe and then the little house, 2 bedrooms. As you can see, that one is on the property line on their south side. This is looking at their property. But the main one I wanted you to see is, yeah on this one. This is looking again down at the lake and the, this black line is actually the property a 12 City Council Meeting — June 27, 2005 line and you can see part of the shed down there. It's basically 6 feet from the property line but then there's 10 inches for the, what's that called up there? Yeah, the overhang so you have to get, yeah. Kate Aanenson: It's part of the... Tim McHugh: And because of the slope of the land, there's really no place else we could really figure out what, to look at this one quick. This is towards 101. It's a 4 foot berm and to get there you really have to go out onto the path, into the neighbors driveway to get up into the berm. This retaining wall, when you stand down here, it's probably over 8 feet up to the top. The retaining wall actually is 1 foot closer to the property line, and that's totally legal I'm told. The retaining wall can be within an inch like a fence so. If I can answer any questions, I'd be more than happy to. From the lake, on this one here, one can really barely see it in there. Mayor Furlong: Okay, thank you. Any questions for the McHugh's? Comments? Okay, no? Okay, thank you. Tim McHugh: Thank you. Mayor Furlong: Any additional questions or follow-up questions? I guess, Kate as I thought that I have one. Ms. Aanenson, excuse me. In the staff report it speaks of non -conforming lot and the non -conformity here is on the width of the lot, is that correct? And the size of the lot. Kate Aanenson: That's correct. Mayor Furlong: Okay. And the width is 55 feet, if I'm remembering the report correctly, versus what's the current standard, 90? Kate Aanenson: 90. Mayor Furlong: Okay. So this was, this lot was platted prior to those standards coming into place. Kate Aanenson: Different standards, correct. Mayor Furlong: Okay. And the location of the shed is on the side so it's coming, it's widening the structure a little bit over the existing structure. Kate Aanenson: That's correct. Mayor Furlong: Current structure's outside the setbacks? Kate Aanenson: No, the current structure does meet the 10 foot side yard, yeah. Mayor Furlong: Right. And when were the, those standards, the 10 foot side put in place, do you recall? 13 0 0 City Council Meeting — June 27, 2005 Kate Aanenson: It would have probably had to been in the late 70's, mid 70's. Before this lot was, this lot again was created, well the house wasn't built. The lot was created much narrower than we would allow today. Mayor Furlong: Okay. Alright. Thank you. Any other questions? Follow-up questions? Is there discussion on the matter? Councilman Peterson: Mr. Mayor, just in general I think it's a reasonable request. I guess I would rather have, I would rather have the structure where it is versus in the middle of the lot towards the lake. Stand alone, which was the other option that would be conforming. They're going to make it look like part of the house and to that end I think it's a reasonable variance to grant. Councilwoman Tjomhom: I agree with Councilman Peterson. Mayor Furlong: Okay. Councilwoman Tjomhom: I would ... and it does blend in and you know what are the options? We discussed structures... and so I also agree that it's reasonable. Mayor Furlong: Okay, thank you. Councilman Lundquist. Councilman Lundquist: I echo those sentiments. Mayor Furlong: Thank you. Councilman Labatt: I don't disagree with it at all. The one neighbor at 7440 I believe... he's to the south, right? He's be the one that's directly impacted. Mayor Furlong: And to your point, he didn't have any problem with it. Councilman Labatt: No. Mayor Furlong: Didn't have any problem with it, and the other thing I looked at is, where else could you see it from and the answer is no. Kate Aanenson: And just to be clear too. In the shoreland district you can put a storage unit in your front yard for those purposes. Because of the lot configuration, that's not an option either. So it was limited. Mayor Furlong: Well I agree with the council on the reasonableness and I also, when you have a non -conforming lot, I think we look for options and look for reasonable solutions rather than the strict adherence to the code so. Sounds like we're in agreement. Is there any further discussion? Then if not, is there a motion? 14 City Council Meeting — June 7, 2005 • Councilman Lundquist: I would move that the City Council approve Variance 05-17 for a 5 foot variance for a minimum 10 foot side yard setback to build a storage shed on a riparian lot zoned Single Family RSF with conditions 1 as published in the staff report. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? If there is none, I will proceed with the vote. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approves Variance #05-17 for a 5 foot variance from the minimum 10 foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF), with the following condition: 1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of the shed and painting the shed the same color as the principal structure. All voted in favor and the motion carried unanimously with a vote of 5 to 0. SAND COMPANIES, INC.: LOCATED AT THE NORTHWEST CORNER OF LYMAN BOULEVARD AND REALIGNED 101: PLANNING CASE 05-10: A. REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY TO PLANNED UNIT DEVELOPMENT. MIXED USE. B. CONSIDER LETTER OF SUPPORT FOR TAX CREDIT APPLICATION. Kate Aanenson: Thank you. Sorry, I've got a big board here. This item appeared before the Planning Commission on June 7d. Part of that, you had reviewed this under a conceptual PUD, as did the Planning Commission. Again they wanted to get a read from the Planning Commission and the City Council regarding acquisition of the property. The Sand Companies now has acquired the property. Again the location of the property is, this is the widened, proposed widened Lyman Boulevard and then the new 101. Current location right here and the new 101 moving to the west. So obviously development of these two parcels is predicated on the relocation of the infrastructure and improvements to the property. Again 212 divides this property. The northern piece which would have access via Lake Susan Drive, and the south portion access via 101 and tied through to Lyman Boulevard. The purpose of the meeting tonight is just to review the PUD development standards. They will have to come back for specific site plan review on each project, so again that's kind of tied into a little bit more of the 212. So with that, I'm going to really kind of focus on the PUD design standards themselves. The PUD that we put in place is pretty similar to the one that we actually put over on the Park and Ride facility. Just kind of want to go through that. In the comprehensive plan this is guided for mixed use development so it does allow for neighborhood commercial as stated in the comprehensive plan, and for residential up to 16 units an acre. The plan contemplates, if you go IW • 0 CITY OF CHANHASSEN STAFF REPORT PC D)*: May 17, 2005 CC DATE: June 4-3 27, 2005 REVIEW DEADLINE: 7/14/05 CASE #: 05-17 BY: JM PROPOSAL: Request for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on property located in the Single Family Residential District at 7450 Chanhassen Road. (All proposed setbacks are measured from the eaves of the structure) LOCATION: Lot 5, Block 1, Sunset View 7450 Chanhassen Road Chanhassen, MN 55317 0 APPLICANT: Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 0.42 acre DENSITY: N/A SUMMARY OF REQUEST: The applicant is proposing to build a storage shed on the side of their home. The proposed storage shed will require a 5 -foot side yard setback variance from the minimum 10 - foot side yard setback requirement. Staff is recommending denial of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. 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. se mo 0 0 McHugh Variance Planning Case #05-17 Alay 1June 27, 2005 Page 2 PLANNING COMMISSION UPDATE The Chanhassen Planning Commission held a public hearing on May 17, 2005, to review the proposed variance. The Planning Commission voted 3 to 2 for a recommendation of denial. This application has come before the City Council because a 75% majority vote was not reached by the Planning Commission. The summary and verbatim minutes are attachment 8 of this packet. SUMMARY OF PROPOSAL The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road and is zoned Single Family Residential (RSF). The applicant is requesting a 5 -foot variance from the required 10 -foot minimum side yard setback for the construction of a storage shed. The current ordinance reads that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed six inches from the eaves. APPLICABLE REGUATIONS Sec. 20-615. Lot requirements and setbacks. (6) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, 10 feet. Sec. 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built. Sec. 20-908. Yard regulations. (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches; Sec. 20-91. Zoning compliance review. (a) Zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc.: One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, less than 120 square feet in building area McHugh Variance Planning Case #05-17 At" 1June 27, 2005 Page 3 (b) Any zoning compliance review application that fails to meet zoning ordinance requirements shall be denied by the community development director. BACKGROUND The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road (Hwy 101) and is zoned Single Family Residential (RSF). The applicant is requesting a 5 -foot variance from the required 10 -foot minimum side yard setback to build a storage shed. The subject property was platted as part of the Sunset View Subdivision which was recorded on May 11, 1954. The house was built in 1987. This property is a non -conforming lot of record in that it is only 55 feet in width at its widest point. Also, the minimum lot size for a sewered riparian lot on a recreational development lake is 20,000 square feet. The subject property has an area of only 18,295 square feet. However, the lot does meet the minimum depth requirement with an average depth of 326.17. The shed in question came to the attention of the City on August 30, 2004 when the City received an anonymous letter stating that Mr. McHugh was constructing a "small addition" on the side of his house and it was thought that a building permit was not applied for. On August 30, 2004, an inspection of the subject property was made at which time the applicant was informed that a building permit (zoning compliance review) must be applied for or else the shed must be removed within fourteen (14) days. 0 0 McHugh Variance Planning Case #05-17 May! June 27, 2005 Page 4 On September 7, 2005, Mr. McHugh applied for a building permit (zoning compliance review). The permit was denied because the shed was located within the side yard setback. The applicant was informed that the shed must either be removed or a variance for encroachment on the side yard setback must be applied for. In discussing the matter further, the applicant informed staff that he was aware that storage sheds less than 120 square feet in area did not require a permit, but was unaware that such structures must maintain a 10 -foot side yard setback. Staff reviewed city records to determine if setback variances had been granted within 500 feet of the subject property. This review turned up the following cases: Address Variance File Number Variance 40 Hill Street 99-20 27 -foot front yard setback variance for the 7480 Chanhassen Road Principle structure has a 9.3 foot side yard reconstruction and expansion of a garage 20 Hill Street 85-4 24 -foot front yard and 9 -foot side yard setback Principle structure has 25.41 foot front yard variances for the construction of a one car garage Staff also reviewed registered land surveys for all surrounding lots within 500 feet of the subject property to determine if any structures with non -conforming setbacks exist. The following non- conforming setbacks were found: Address Setback 7410 Chanhassen Road Two accessory structures with 2 foot side yard setbacks 7480 Chanhassen Road Principle structure has a 9.3 foot side yard setback 10 Hill Street Shed has 3.5 foot side yard setback Principle structure has 25.41 foot front yard 20 Hill Street setback and 9.9 foot side yard setback, detached garage has 2.7 foot front yard setback and 3.5 foot side yard setback 40 Hill Street Detached garage has 3 foot front yard setback McHugh Variance • Planning Case #05-17 May 17 June 27, 2005 Page 5 ANALYSIS The site is zoned Residential Single Family (RSF). The applicant has completed a majority of the construction on the shed in question. The shed measures 8' x 12' which equals 96 square feet. Chanhassen City Code does not require building permits for storage sheds of less than 120 square feet. However, such structures do require a zoning compliance review. The City uses zoning compliance reviews to ensure that structures, which do not require a building permit, still comply with zoning ordinances. Checkpoints of a zoning compliance review include setbacks, hard surface coverage and structure height. The topography of the site is sloped significantly in various locations, thus limiting the options for placement of a storage shed complying with ordinance requirements. The elevation of the lot changes from a high elevation of 945.6 at the northeastern front property comer to an elevation of 934.67 at the front of the garage to an elevation of 896.3 at the lake, which is the Ordinary High Water Elevation (OHW) of Lotus Lake. *Picture taken from shoreline of subject property. McHugh Variance Planning Case #05-17 June 27, 2005 Page 6 Larry Mon, the owner of the neighboring property to the south (the side of the home where the shed is placed) has written a letter expressing his support for the variance request. Mr. Mon states, "With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views." *Picture taken from the vantage point of the house located on Mr. Mon's property (7470 Chanhassen Road/Hwy 101). Staff acknowledges the applicants' efforts to design and place the shed in a subtle fashion. The applicant has built the shed with the same roof pitch as the principal structure that it sits next to. The applicant is also proposing to use the same vertical siding on the exterior of the shed as that used on the principal structure. The exterior of the shed will also be painted to match the existing home. The pictures below demonstrate that the shed is situated such that it is almost completely unnoticeable from Chanhassen Road or Lotus Lake. *Picture taken from shoreline of subject property. 0 McHugh Variance Planning Case #05-17 Afay4 June 27, 2005 Page 7 The width and topography of the lot greatly limit options for placement of a storage shed. The only viable alternative, which would comply with ordinances, is to place the shed in the middle of the rear yard between the home and the lake. The lakeside elevation of the home on the subject property consists primarily of windows overlooking Lotus Lake. Placing a shed in the rear yard would obstruct the lake view of the homeowner and potentially that of the applicants' neighbors. Furthermore, the shed would become visible from Lotus Lake. Because of this the applicant chose to place the shed on the south side of the house. However, approval of a variance is contingent upon proof that the literal enforcement of the Chanhassen City Code would cause an undue hardship. Not having reasonable use of the property would constitute an undue hardship. Reasonable use is defined as the use made by a majority of comparable property within 500 feet. Reasonable use of this property, a single-family home with a two -car garage, already exists. Any use of the property beyond that discussed above is strictly ancillary to the principal use. Based on these facts staff must recommend denial of this request. FINDINGS 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 not cause an undue hardship. By having a single-family home and a two -car garage the property owner has a reasonable use of the property. 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 that lie within the Single Family Residential District. 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 construction of a storage shed will not significantly increase the value of the property. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Construction on the storage shed began before completing a zoning compliance review; therefore, this is a self-created hardship. 0 0 McHugh Variance Planning Case #05-17 June 27, 2005 Page 8 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: Staff does not feel the variance would be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. f. The proposed variation will not impair an adequate supply of fight and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. RECOMMENDATION Steff The Planning Commission recommends that the Planning Commis City Council adopt the following motion: "The lilmning GewArAssi City Council denies Variance #05-17 for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF) based upon the findings in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner has reasonable use of the property." Should the Maiming GeRNPAss City Council choose to approve the variance; staff recommends that the Planning Gemmiss City Council adopt the following motion: "The lilaFwAng Geffwpiis City Council approves Variance #05-17 for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF) with the following conditions: 1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of the shed and painting the shed the same color as the principal structure." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Timothy & Diane McHugh dated April 15, 2005. 4. Letter from Larry Mon dated April 13, 2005. 5. Lot Survey. 6. Building Plans. 7. Public Hearing Notice and Affidavit of Mailing List. 8. Planning Commission Minutes of May 17, 2005. gAplan\2005 planning c \05-17 mchugh variance\cc update.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Timothy & Diane McHugh for a 5 -foot variance from the minimum 10 - foot side yard setback to build a storage shed — Planning Case No. 05-17. On May 17, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Timothy & Diane McHugh for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF). 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 Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 5, Block 1, Sunset View 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. Literal enforcement of this chapter would not cause undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential and Shoreland Management districts. c. The construction of a storage shed will not significantly increase the value of the property- d. roperty d. The alleged difficulty or hardship is 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 of land is located. 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 0 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #05-17 Variance dated May 17, 2005, prepared by Josh Metzer is incorporated herein. ACTION The Chanhassen Planning Commission recommends the City Council deny the variance from the side yard setback for the construction of a storage shed. ADOPTED by the Chanhassen Planning Commission on this 17`s day of May, 2005. CHANHASSEN PLANNING COMMISSION IM Planning Commission Chairperson gAplan\2005 planning cases\05-17 mchugh vacianceViindings of factdm PLEASE PRINT 0 9 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: Timothy J. McHugh 7450 Chanhassen Road Chanhassen MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: timm(@mchsi.com Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Planning Case No. 05-I9 Address: Timothy J & Diane A McHugh 7450 Chanhassen Road Chanhassen, MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: _timm(a,)mchsi.com Temporary Sales Permit Vacation of Right-of-Way/Easements X Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Escr w for Filing Fees ney Cost" $50 UP/SPR/VA A AP/Metes & Bounds - $400 Minor SUB aha -00 TOTAL FEES 211"0 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. ` Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'/z" 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 0 0 PROJECT NAME: Storage Shed LOCATION: 7450 Chanhassen Road LEGAL DESCRIPTION: Section 12 Twp 116 Range 023 Sunset View Lot 005 Block 001 R25.8400040 TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: RSF REQUESTED ZONING: N/A PRESENT LAND USE DESIGNATION: YES X NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Due to the long narrow size of the lot I am applying for a variance for a storage shed on the south side of the property. Enclosed you will find the following documentation Evidence of ownership Plot plan showing property lines and location of storage shed Bill of material Documentation Showing the base for the shed drawing showing the shed's placement to the existing structure and a letter from Larry Mon owner of the property to the south supporting the placement of the storage shed 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. Signature of Applicant ID 14 A� 1/ , q Signature of Fee Own - /s Date 9 is - us _ Date CADocuments and Settings\timmchugtMy DommentslCity of Chanhassen varience RequestlDevelopment Review Application.DOC Rev. 3/05 SCANNED 0 0 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. • Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot tine. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane Mc. . 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 SCANNED CERTIFICATE OF SURVEY FOR: )2Oe(af CY76&o fioq Lob 5 , 540cK / , Srt/2xf .Veal �-arre� Coranty� Hinne3ot� " T. H. NO. 101 kA ua. a)I 9aL.. T NI edge of Bir sad � I rC.�l 55.0 9�1 T ;I I IOVIO tosto, 1yTRO � N FJy�� I� u3 (92.n� 1I I N v, I shed N n Iron monuments X10ee') m V; V tir ' Mol lowest floor L rss proposed elevations rqilt-71 garage floor // LEGEND LNO r9 �5 o Iron monuments X10ee') 890 PROPOSED ELEVATIONS ("� ) existing elevations tir ' Mol lowest floor rss proposed elevations rqilt-71 garage floor i� direction of proposed surface drainage ir6o top of foundation Z� Hansen ThorpMwroamnbalu+rw by V. lwaw• R. No f r� Pelhnen Olson Inc. ane renal ac..+.nbunn of me ewnenw or tns .sor• OucrlGea lar9 •no a tlw be Ibn of all EUJdrya,i(anY FlaraoM aoE aM r4lbM pr:.maLNMnM,lla,ry, sem o.on BG -/70 amaOwY rty.IwaObrtlwlreyDl Tl.rab3solMevOoobSbtvtx rnyrw•LIaN Sur•pn s Sa .36.02W SeOaon ]2602 ro 326.16 aaN-Pegs ECo,Wa9 15L501e[• NOT Ci J. mss., ssa slaw-xw sca• Imzt enoYoo Dere: cS �7i B% NaM>e•tlon No. � ( �'� Existing Porch On House G n C/) m M (� Z m z 0 m N O / s CD M o Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey Proposed Shed N � V -1, u • 0 11 i SCANNED 12 ft Floor Joists IN SCANNED 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss - COUNTY ss.COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on May 5, 2005, 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 McHugh Variance — Planning Case No. 05-17 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. K en J. ETgel ardt, eputy Clerk Subscribed and sworn to before me this _f5� day of 2005. Not Pu lic J#Notary KIM T. MEl1WISSEN w.wwPublic-Minnesotay eanmasfon EVWs Jan 31, 2010 SCANNED L Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesda Ma 17 2005 at 7:00P.M. Location: Cit Hall Councll Chambers7700 Market Blvd. Request for a 5 -foot variance from the minimum 10 -foot side Proposal: aril setback to build a storage shed Planning File: 05-17 Applicant: Timothy & Diane McHugh Property 7450 Chanhassen Road Location: 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 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 ro ect. if you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952.227-1132 or e - Questions & mail jrmetzeroci chanhassen.mn.us. If you choose to submit Comments: 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 at htta://206.10.76.6/weblink the Thursday11Iprior to the PlanningCommission 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 willing. Any Interested parry 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 commemialAndustrlal. • 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 processshould check with the Planning Department regarding Its statue 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 pereon(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 In the report, lease contact the Planning Staff person named on the notification. LU H rn � N z U.1 w N ��oor aaoo� z z a s U s�._ogr s �21 gmosk`�N���' 81211111,1 ggEE�se6 Eli I $m mils qSS' IEl g � 6 `d BMM��9�99yy 41g4ss Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 le O- B s ood Lotus Lake L- if 7 Thad ri C a r0 7450 Chanhassen Road r ' CU LL L � O s U S oz �/ THOMAS R & AMY B EDSTROM 10 HILL ST CHANHASSEN MN 55317 ROBERT FLYNN & VALERIE FLYNN 40 HILL ST CHANHASSEN MN 55317 TIMOTHY J & DIANE A MCHUGH 7450 CHANHASSEN RD CHANHASSEN MN 55317 JEANNE M RAYMOND 7440 CHANHASSEN RD CHANHASSEN MN 55317 0 CARL B FITZSIMMONS & PATRICIA K FITZSIMMONS 7480 CHANHASSEN RD CHANHASSEN MN 55317 STEVEN T JENKS 7490 CHANHASSEN RD CHANHASSEN MN 55317 LARRY P MON 7470 CHANHASSEN RD CHANHASSEN MN 55317 SEYMOUR S RESNIK 7370 KURVERS POINT RD CHANHASSEN MN 55317 0 PAT H FITZSIMMONS & PATRICIA L FITZSIMMONS 7400 CHANHASSEN RD CHANHASSEN MN 55317 STEVEN A & BETH A MCAULEY 20 HILL ST CHANHASSEN MN 55317 FREDERIC OELSCHLAGER ETAL 7410 CHANHASSEN RD CHANHASSEN MN 55317 CHRISTOPHER & TRACEY RUST 7500 CHANHASSEN RD CHANHASSEN MN 55317 DANIEL C & RUTH C SHOEMAKER SCOTT J & DENISE B SMITH DAVID E & CAROLYN M WETTERLIN 7380 KURVERS POINT RD 30 HILL ST 7420 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 • • OS -1-7 Planning Commission Meeting — May 17. 2005 12. The areas beneath decks must either be sodded or landscaped with mulch or rock with a fabric liner. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A 5 FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE YARD CASE NO. 05-17. Josh Metzer presented the staff report on this item. Papke: In terms of the storage available on the site here, the garage, the dimensions are listed here. I take it this is a two car garage, is that correct? That the occupant currently has. Timothy McHugh: Yes. Papke: Okay. And is there any storage above, maybe I'll hold this for the applicant. Okay, that's all I have. Keefe: Can you speak briefly to the other variances that you found on that area of the lake. You've got 2 listed in here. Is Hill Street nearby? Metzer: Yeah, it's to the southwest. Keefe: Oh I see it, south of the property. So there are a couple of them. Metzer: Hill Street is here, Subject property is here. Keefe: Alright. And then in terms of 27 foot front yard setback variance. Construction, expansion of garage so that was actually going towards the street, correct? Metzer: Correct. Keefe: And then is that, 1985. Is that what I'm looking at? Okay. 9 foot side yard setback. Construction of a one car garage. Okay. And those are the only two that you found in regards to variances which have been granted along the sort of east and south of Lotus Lake? Metzer. Correct. Keefe: Okay. And then another question, what does the fine department say about access in regards to this? W • 0 Planning Commission Meeting — May 17. 2005 Metzer. Fire Marshal had no comment. Keefe: Okay. Alright. Because what space do we have between then the shed and the neighbor to the south? Metzer: Quite a distance. The existing garage of the subject home and the, you have an existing garage here which is probably the most proximate to the neighboring home. The proposed shed here is a much greater distance. Actually there's a photo in the staff report showing, a picture taken from the neighboring property looking towards the shed. There's a row of trees that are inbetween the shed and the neighboring home. Keefe: And the access from a fire perspective would be, if they needed to get to the lake side of this property. Metzer: This wouldn't hinder that. Keefe: This wouldn't impede that. Undestad: ...non -conforming under the 20,000 square feet. How many other lots around there, that lake are under 20,000 feet? Metzer. That I don't know. It looks like possibly, right next door it may be, and the 2 or 3 to the south of it. After that the lots get quite longer. And they're 18,000 some thousand so it's not that far out. So I would assume maybe 2 or 3 others surrounding. Undestad: In this development, this Sunset View as part of this that was done back in '54, was that this whole area along. Metzer: I believe it was the 10 lots, the 10 long narrow lots that you see on the east. The eastern shore. Undestad: And the rest of those, I mean width wide, are they all in the 55 foot range or are they a little more? Metzer: They vary. The ones toward Hill Street look to be about the same as this and a couple others next door, but other than that, a majority are wider. More so up the street. Undestad: Anybody else have sheds out in the yard out there? Timothy McHugh: There are other sheds. Metzer: Quite a few, I noticed a couple right down at the lake. McDonald: I've got a couple of questions. First of all, this shed is not attached to the building, is that correct? Planning Commission Meeting — May 17. 2005 Metzer: Correct. McDonald: And I'm a little unclear about this myself but what would happen if they went out to Home Depot and they bought one of those plastic sheds you can buy? At that point, they probably put a foundation in to level it up and everything. Would that also have to come before us then for a variance review? Metzer: Placement of the shed would have to, yes. McDonald: Okay. And then one of the things you put in the report, you said it may impair the adequate supply of light and air. How? That's on page 9, Actually I'm sorry, it's on page 7(f). Metzer: That might have been a typo. McDonald: Okay, because I'm at a loss to see how it impairs. Metzer: I am too at this moment I guess so it's most likely. McDonald: With that if there's no other questions, I will now ask the applicant to come forward. Please state your name and address for the record. Timothy McHugh: My name is Timothy McHugh. I live at 7450 Chanhassen Road. Right on Lotus Lake there. To give you a little bit of background here, we built in '87 and you know we understood all the setbacks and everything and when we placed the house where we did, we basically took into consideration what it would do to the other neighbors. I originally wanted to put the house closer to the lake to get more of the view because right now I'm over 200 feet away from the lakeshore, and the reason we didn't plan the house that way is because we thought we would impair the view for the neighbors, and I know I wouldn't appreciate anybody doing that to me for what you pay to live on a lake, so basically we put it back so both neighbors bought into it. If I would have put it forward I probably could have put the shed on the street side. I really don't have room on how the lot is. You are correct, I was notified about it. I was under the impression you could build a shed as long as it wasn't over the 120 square feet and if it wasn't a structure attached to the house, I thought it was perfectly legal, and I didn't think there were any requirements and I found out later I was wrong and for that I apologize. And after we were notified, we looked at all possible areas to put the shed and I cannot find any place to put it where it will conform and not be in the neighbors view or from the light, so that's kind of how it really were it ended up where it is, and we went to great expense and pain to decide that so it doesn't look like somebody went to Menard's and bought a shed and just plopped it in there. And we were had the cedar siding and everything to match it to where it actually looks like an addition, and that's why somebody called is they thought I was building an addition, which I wasn't. Because the original notice I had had addition on there, and then it was crossed out when the inspector went down there, he realized there was a shed but I am too close to the line, so I do understand you know why I was ticketed basically for it. Let me put this up. It's currently about 2 inches away from the house and I have cement blocks on there and ties underneath it in the ground to hold it so it won't shift. I know there other sheds in the area and there are a lot of structures that don't conform, however they were built basically before there were any laws and 0 0 0 Planning Commission Meeting — May 17. 2005 so forth. I mean if you actually look right here, this deck is like 18 inches from our property line and the house is 4 feet from my property line. I don't know what else to say. I really don't have any place else to put it and I really need the storage, mainly for the riding lawn mower which is 4 feet. If you have any questions I'd. McDonald: Any questions? Papke: Do you have any rafter space or anything for storage? I know you can't obviously put a riding lawn mower on the rafters but I'm just trying to make sure I understand what your alternatives are for storage. Timothy McHugh: Yes, there are rafters up there. I have some lawn chairs but that's about it because there's not much weight you could put up there. Papke: Okay, so the main purpose of the shed is storage of the riding lawn mower. Timothy McHugh: For yard tools and riding lawn mower. If it would help I wouldn't have any problems putting a fence in down the property line. Not a whole one but you know just to off set it, if somebody really thought it was necessary. I do have a letter in there from the neighbor. He totally is for it and he doesn't believe it obstructs his view. Keefe: Do you see the neighbor to the south? Timothy McHugh: To the south, correct. Keefe: Okay. Timothy McHugh: Which is the owner of this property right here. Keefe: And was it the City who thought you were doing an addition or was it another? Timothy McHugh: I don't really know. Maybe. Keefe: I think it said an anonymous letter, didn't it? Timothy McHugh: Yeah. Undestad: On the north side there, is that your access down to the lake? Timothy McHugh: There's a pathway here. That's also where the gas meter and so forth is. On that end of the garage. And that's where the electricity comes in and there's really not enough room there either. Undestad: If you had just the opposite side of the structure where your shed is now, what's on that side of your house? IN r i Planning Commission Meeting — May 17. 2005 Timothy McHugh: I'm sorry. Undestad: Yeah, you're showing that the drive. Timothy McHugh: Oh, I pointed in the wrong place. Yeah, the gas meter is right in here. Undestad: And the rest of that kind of elevation just keeps going down? Timothy McHugh: Yeah, it goes down correct. Undestad: ...the jog, where your house jogs in down there. Did you look at putting it over there too? Timothy McHugh: Well actually we looked at putting it over here, but there are windows there for the bedroom in the basement and so forth right on the ground level. Really can't put it, and in front of it, and also I have the same problem width wise over there as I do on the other side. McDonald: Is this envisioned to be a permanent structure then? Once you put it up it will stay up? Timothy McHugh: I didn't plan on taking it down if it's approved. McDonald: At the front of your lot, toward 101 and the area there I guess that would be kind of to the north. Where your front yard is at and everything. What's up in that area? Timothy McHugh: We actually dug it out on the south side of the lot. On the east side of the property there for the driveway. There's probably a 4 foot high berm up there with trees and so forth. McDonald: Okay. And the drop off from the house, about where the house jogs on the, it'd be on the north side. Is that a rather, I mean looking at the pictures it looks as though that part of the house begins to, it's two stories at that point. Is it kind of a walkout like at that particular stage where the ground's coming down toward the lake? I'm trying to get an idea of where the elevation begins to drop off. Timothy McHugh: Basically after the garage it starts dropping off. However on the other, where this is, it actually starts dropping off right at the end of the garage. It just, the natural slope goes all the way down to the lake that way. McDonald: Okay. That's all the questions I have. Undestad: One more quick one. On here it says you have no foundation or anything on there. Is it just dirt floor and you just drive into that? 11 Planning Commission Meeting — May 17. 2005 Timothy McHugh: No. Yeah, what I did is I dug it out. Oops, sorry. There we go. And I have cement blocks. These squares and then these are what, 6 by 5 ties that are attached on all the corners with angle irons screwed into the, so it can't move. Undestad: So you just put a wooded decking or something over the top of that? Timothy McHugh: Right. I've got a complete write up in there on the 3/, inch exterior plywood treated. It's built not to go anywhere or it's basically built to code of any thing as far as materials go. McDonald: Okay. And at this point there's no further questions from staff, I'll throw it open to the floor, if anyone out there has any comments. I would invite you to come forward now and speak before the council. Well I guess having seen no one moving to come up, I will close discussion and tum it back to the commission here for comment. Keefe: One more question Josh. On the one picture it looks like there might be a retaining wall on the south side of the property to the east. Is that a retaining wall or what is the sort of garden area? Yes, that one. Metzer: Yes, it's probably about, how many feet would you say that is Tim? Timothy McHugh: Lengthwise it's probably 30. It's two tiered from the ground up. Diane McHugh: ...up from the south neighbor... Keefe: Right. Right. Metzer: From the view we're looking at is the short side. Once you get to around to the back of it, it's a bit higher. Keefe: Right. And then the, it looks like the retaining wall extends further to the south and the proposed shed is. No? Timothy McHugh: No, actually. Diane McHugh: It's right by. Keefe: The tree. Diane McHugh: Yeah, that's where it's. Keefe: But what I'm saying is I think the retaining wall takes up more, is closer to your neighbor's property line than the shed will be. Timothy McHugh: Correct. You're correct. 12 Planning Commission Meeting — May 17. 2005 Keefe: Is that a fair statement? Metzer: Yeah, it's probably very close, I'm sure. Keefe: Yeah, okay. You know retaining walls are fairly permanent type of fixture. We don't require a variance to have a retaining wall. Metzer: No. Retaining wall's actually are treated like a fence. They came come within 1 inch of a property line, granted that engineering okay's it and there's no easements. There'd be no easements on this property. They could be within 1 inch of the property line if they chose. Keefe: Okay. Without a variance. Metzer: Yeah. Keefe: Okay. McDonald: You have one more? Timothy McHugh: If I could say one more thing. The retaining wall was put in by the request of the city to give us a move in permit because of the, they were afraid of runoff and erosion. Keefe: I may as well just continue since I'm going. Now I guess one of the questions I'm struggling with is what is the hardship here and I'm trying to come up with a reason for hardship other than potential for no room for a riding lawn mower. You potentially could put that in the garage. Not enough storage on site, I mean in order to approve a variance we have to meet the conditions of the hardship right, so we need to, in order to be able to grant it we'd have to come up with some. Any thought from your perspective on, I mean that's why you denied it, right? Metzer: Right. We don't have the ability to, as staff to recommend approval of something like that. I'd just note the applicant's you know great lengths to help it blend with the existing structure. We recognize that. Keefe: Right, but that doesn't really address the hardship requirements for hardship. Okay. Any thoughts on hardship guys? McDonald: Hardship's one of the things I was struggling with too because it's, you know I think you probably look at replacing the property to place this and I don't know where you're going to place it because he's on a hill. I understand that. But then at the same point I don't have a good hardship either. I thought about that. Does anyone else? Papke: One other data point to consider, I think this is about the fourth variance request I can remember in the past 6-8 months or so where the variance was requested after the entity had been constructed. Whether it was a garage or a shed or whatever, and I think in good faith to the city code I think we almost have to shut our eyes to the fact that it's already there. I mean I think we have to just say, would we approve or deny this if, I think you did a great job of building the 13 0 Planning Commission Meeting — May 17. 2005 shed, as I'm sure it'd be a great shed. But I think we just have to kind of close our eyes to the fact that it's there right now and approve or deny it on the basis of, if the applicant was in here and there was nothing there, what would we do? So, just another perspective. McDonald: I would agree with that and I tried to look at it from that standpoint too, but I guess, Deborah, you got something? Zom: I would have to agree with Kurt that it does seem like quite a challenging lot and I don't know if there's any way to, for the applicant to look at possible storage under what he's got or that's probably been considered already but, I would have to treat it as well as Kurt mentioned, as if there was no, a structure was not there currently, how would we treat this and the hardship is probably where I would feel it's not as strong. Undestad: And you looked at other places on the site. Could you slide that around the comer or anything? Diane McHugh: If you ... we did manage to try to get the DNR... so we have access for things that we need for the back yard, not for the front yard. The front yard doesn't really need any... Undestad: We're not even making you stand up here. Diane McHugh: ... We felt that that would be deter from the look of the lake from people coming around and driving to take a very rubbish area and... Undestad: Yeah, I mean I can see how you can't see it. I mean you did a great job of blending it in there. Like they say, the problem we're having is trying to come up with a reason for a variance that will be based on hardship here. Diane McHugh: It was difficult... for the garage. Okay. We're looking at a lot that we bought and we feel we could ... It's not a very big home. It's a very small home, and so from the side if you are looking at where we could take a mower through, it's not easy. It is not easy going through there with a mower. If we had to work around the drainage off the Highway 101 to be able to not bother our neighbors to the south, and work it so it goes along the side there and there's a not a lot of room to work with on that side, so ... but we have retaining walls on both sides because there's a slope here to the lot, and ... going towards the lake. And makes it so much easier, I'm going to be very honest. We do not put our mower in the garage. We found it a hardship to try to keep it in the garage. We put it on the patio blocks that's back there underneath the 3 season porch. We would like to keep it a little bit neater, cleaner look to our... lot so we wanted a small shed to be able to put a snowblower, and also the... cleaning up the yard back there. That was our hardship. We felt, I did not like the garbage. I did not like seeing my mower and my, all the things laying out on that patio underneath my porch. Timothy McHugh: ...nice patio. 14 Planning Commission Meeting — May 17. 2005 Diane McHugh: Well it just looks dirty... They have a hard time finding them on the lake but once you get there, you can ... you can see them. It's not easy to keep bringing them up to the garage. McDonald: On the shed itself, how big of a, if we were to say you've got to cut it back, could you cut it back? Would it be usable at that point? How much room do you actually need in there? Timothy McHugh: We would need 48 inches for the mower pad. So if we ended up with, I have... It's like a garage door but it was made for a 5'h feet so we could get the mower in at least enough room for the headers and what you need to support it. McDonald: Any other questions? Papke: Just one other observation. You know I think also the comment from the neighbor that he approves, I think we do have to take into account that that neighbor may not be there forever and whoever buys the house next door, at some point may not approve and that's why we have the codes in place is because people change and opinions change but you know the code should stay the same. Keefe: Just a question in regards to reasonable use. I mean one of the things that we got on page 7(a) is, you know second sentence says undue hardship means it probably can't be put to reasonable use because of size, physical surrounding, shape or topography. Is there anything in that, given where the shed lies and the need to do, traverse the property? Question of reasonable use. Do they have reasonable use of the property for themselves, and I can't say that they don't. You know. McDonald: Well as far as flat areas, where is the property flat besides that one particular spot because you've got a berm up front. It evidently starts sloping from the garage down to the lake on the north side. Where else on the property could it go? Undestad: Right, assuming they didn't have one and they brought something in, where they logically put it. McDonald: Where would they logically put it? Undestad: Probably right there. Keefe: Well you know, the question of reasonable use of the property is having a shed you know sort of a requirement for reasonable use. Metzer: Down by the lake isn't really an option either because it has to be water oriented accessory structure to be within 75 feet of the lake and using it for storage of a lawn mower or snowblower would not be considered water oriented. 15 0 0 Planning Commission Meeting — May 17. 2005 McDonald: So that keeps pushing them back up toward the house, and it keeps putting them in that one particular area. Timothy McHugh: We tried looking at every possible place and there isn't any other place it can be that somebody isn't going to object to. If I put it out in the middle of the yard. McDonald: Well does anyone else have any more comments or any further discussion on this? Any recommendations that maybe there's something else that we could do? I'll be truthful, I'm afraid that if we say yeah we'll go ahead and give you the variance, we have no basis to do that. You'll get up before the City Council and it will be denied up there because we need to give them something and right now I can't see it. I mean I understated not wanting to have clutter in your yard. All of that's a positive and everything, but I'm afraid this just doesn't rise to the level of a necessity at this point. And the only way that we can look at this is as though it doesn't exist, so you know if you'd come to us with this and we were looking at it as to approve it or not, I think we would be hard pressed to give you the variance. Timothy McHugh: I thought part of the reasoning from what I read in there that, does it conform to the rest of the neighborhood? And I mean look at what we're really up against right here. I mean you don't even notice this. I mean I see this every day I go in and out of the house and the garage. McDonald: Well I agree with you but as the last case points out on all these lake front properties, we have to be very careful about granting variances. There have to be good reasons for doing so, and whereas a house, a place to live is one thing. A shed is something entirely different. And that's what we're wrestling with is that you know to grant this variance, are we opening up Pandora's Box to all these other lots? Now one suggestion I might make is that, is it possible to table this and work with staff on something to come up with another solution on this? I don't think it's going to end up where it's at, I'll be honest with you but maybe there's something else that could be done. It's just at this point I'm afraid the sentiment is that if this goes to a vote, we'll probably go along with what staff recommends because we have not been able to find I think what you need us to have us grant a variance. Keefe: let me ask just a couple of questions. You know on the other side, I mean we're having a hard time with the hardship but on the other side, you know if you look at where the retaining wall is on their property, it actually extends and it's a pretty permanent structure in that retaining wall that they've got in there. I mean it actually extends closer to the property line than the shed would and so, I mean you've got a, really a hard structure that's already there that's sort of encroaching on the neighbor's yard. You've got the agreement from the neighbor that it's okay to do this. You've got ... it's still closer to the property line than this shed would be if it were approved. Those are some of the things that are on the other side, but the question we've got is, can we find a hardship and then I guess by, you know I guess our task is to uphold the codes of the city as best we can, right? So, anybody else got any thoughts on that? McDonald: Where on this drawing is the retaining wall? I mean I see the picture here and you're talking about the one that goes down by the... 16 W • Planning Commission Meeting —May 17. 2005 Keefe: This line here. I mean that one is closer to the property line and that's a fairly permanent structure. It's landscaping. It's not a shed that's, unattached shed, right. It's not. Timothy McHugh: Yeah, there's a porch here. This is -our entry into the house. And then as Josh drew in here, the retaining wall comes up this way and it's two tiers and each tier is probably what, 4 feet? So we're probably 8 feet in the retaining wall there. Where you see the difference in the colors of the stone is actually the property... Undestad: And you can't really drive your tractor down that side of the house can you? ...So that's part of the reason why you want your shed in the back there because you, it's difficult to get back and forth. Timothy McHugh: Right. McDonald: Well, I guess if you look at it from the standpoint of the use of it's property. There's no place else to put it. Keefe: Would that create a hardship? McDonald: Well I guess where it begins to create a hardship is that, I mean one of the things that's advantageous to the city is that as people are on the lakes and you know the homes and everything present a neat you know appearance. It doesn't look as though we have junk cluttered up or anything such as that. If you go around the lake, on most of the lots around there, you don't find those kind of situations on Lotus Lake. People are able to put these types of things, either in a garage because they've got a larger lot, or they do have sheds on the garage, or on the lots that they are able to take care of this. He's not able to use, there is a patio underneath the 3 season porch, am I correct? Timothy McHugh: That's correct. McDonald: And at this point that's where all this ends up going Timothy McHugh: Rather than get stored there. McDonald: So it, I mean based upon all that, where else could he put something such as this? There is a hardship there that there is not another place on the lot where something such as this could go. Papke: Mr. Chair, I guess I respectfully disagree with that. I don't think having an enclosed structure for one's lawn mower is a hardship. I agree with the aesthetics and we want the house to look nice from the lake, but you know, they're parking it on the patio now. And that seems to work so. McDonald: Okay. Well at this point I'm willing to accept a motion from the committee 17 U • 0 Planning Commission Meeting — May 17. 2005 Papke: Well Mr. Chair, I'll make a motion that the Planning Commission denies Variance #05- 17 for a 5 foot variance from the minimum 10 foot yard setback to build a storage shed on a riparian lot zoned single family residential based upon the findings in the staff report and the following. Number 1. The applicant has not demonstrated hardship. And number 2. The property owner has reasonable use of the property. McDonald: Do I have a second? Zorn: I will second. Papke moved, Zorn seconded that the Planning Commission denies Variance #05-17 for a 5 foot variance from the minimum 10 foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential, (RSF) based upon the findings in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner has reasonable use of the property. All voted in favor, except McDonald and Undestad who opposed, and the motion carried with a vote of 3 to 2. McDonald: Okay, motion passes 3 to 2. Variance is denied. APPROVAL OF MINUTES: Commissioner Papke noted the Minutes of the Planning Commission meeting dated April 19, 2005 as presented. Acting Chair McDonald adjourned the Planning Commission meeting at 8:05 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim W., 0 0 CITY OF July 11, 2005 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Tim & Diane McHugh Fax: 952.227.1110 7450 Chanhassen Road Building Inspections Chanhassen, MN 55317 Phone: 952.227.1180 Fax: 952.227.1190 Re: Variance, 7450 Chanhassen Road—Planning Case #05-17 Engineering Phone: 952.227.1180 Dear Mr. & Mrs. McHugh: Fax: 952.227.1170 Finance This letter is to formally notify you that on June 27, 2005, the Chanhassen City Phone: 952227.1140 Council approved the following motion: Fax: 952 227.1110 Park & Recreation "The City Council approves Variance #05-17 for a 5 -foot variance from the Phone: 952.227.1120 minimum 10 -foot side yard setback to build a storage shed on a riparian lot Fax: 952.227.1110 zoned Single Family Residential (RSF) with the following conditions: Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 1. Construction of the shed shall match the principal structure b using P � P Y g Fax: 952.227.1404 vertical siding on the exterior of the shed and painting the shed the same color as the principal structure." Planning 1E Natural Resources Phone: 952.227.1130 If you have any questions, please contact me at 952-227-1132 or by email at Fax: 952.227.1110 imetzer@ci.chanhassen.mn.us. Public Works 1591 Park Road Sincerely, PFax::52227.13100 // Fax: 952.227.1310 �1//Jz / / ,/ Senior Center Phone: 952.227.1125 J sh Metzer Fax: 952.227.1110 t T Web SRO wwww.ci.chanhassen.mn.as gAplan\2005 planning cases\05-17 mchugh variance\letter of approval.doc o S - l-7 The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 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 0 LETTER OF TRANSMITTAL 7/20/05 Sue Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/17/05 05-10 Variance 05-10 Sharratt Variance 1 6/27/05 05-17 Variance 05-17 (McHugh Variance THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Josh Meltzer, Planner I ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED. LtSLrJ Kim Meuwissen (952) 227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 05-17 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The City Council approves Variance #05-17 for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF). 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 5, Block 1, Sunset View 3. Conditions. The variance approval is subject to the following conditions: 1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of the shed and painting the shed the same color as the principal structure. 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: June 27, 2006. 1 CITY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, Mayor � AND: ' Todd Gerhardt, City Manager STATE OF MINNESOTA (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this WMday of V LJ 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of thanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. I City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 GN 1111'Wa1ff101t KIM I MEU7MSSEN Notary Public-Mlnnesota My Comn*%ion WM Jen 31, ZOfO glplan\2005 planning ca \05-17 mchugh varianm\mording documentdoc 2 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 7/20/05 ATTENTION Document Recordi ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/17/05 05-10 Variance 05-10 Sharratt Variance 1 6/27/05 05-17 Variance 05-17 (McHugh Variance ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Josh Metzer. Planner I ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SIGNED. Lt31�� Kim Meuwissen ! ) 227-1107 If enclosures are not as noted, kindly notify us at once. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch loel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' john F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt Also Licensed in Wisconsin 1380 Corporate Center Cur,.. Suite 317 • Eagan, MN 5512' 651-452-5000 pax 651-452-5550 w .ck-law.com 0 0 CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6222 E-mailAddress. snebam'a)ck-faw.com October 19, 2005 Ms. Kim Meuwissen Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, AZinnesota 553.17 RE: Miscellaneous Recorded Variances Dear Kim: Enclosed for your files please find the following original recorded variances: • Variance 05-10 (Laura Cooper/9015 Lake Riley Boulevard) for part of Government Lot 3, Section 24-116-23 was recorded on 08/09/05 as Document No. T154041. • Variance OS-17(Mc gh) for Lot 5, Block 1, Sunset View was recorded on current No. A420611. SRN:ms Enclosures .t Regards, CAMPBELL KNUTSON Professional Association StAm R. Nelson, Legal tLssistant RE'J%F OCT 2 0 Z":) CITY OF CHz:iV i -i,: cN WAW*0 1 Document No. OFFICE OF THE A 420 611 COUNTY RECORDER 11111111111011111 EIII 1111111111111 CARVER COUNTY, MINNESOTA IlillllllllllilllllllllllliillmI Fee $ 46 00 Check# 14503 Certified Recorded on 08-08-2005 at 01:30 ❑ A M PM IA�!hNV�llI-08-08I CITY OF CUANHyD'EN CARVER AND IIENNEPIN COUis , DIINNFSOTA VARIANCE 05-17 Carl W. H n r. County R ord 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The City Council approves Variance #05-17 for a 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF). 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 5, Block 1, Sunset View 3. Conditions. The variance approval is subject to the following conditions: 1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of the shed and painting the shed the same color as the principal structure. 4. Lam. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: June 27, 2006 $CANNED I CrrY OF CHANHASSEN BY (SEAL) Thomas A. Furlong, Mayor / AND: —1' odd Gerhardt, City Manager u STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) 11 The foregoing instrument was acknowledged before me this 1Oday of V ul 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of thanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. I NOTARY PUBIC � a KIM I MWWISSEN Notary Public-Minneaotg .. My Commission Ezptrus Jan 31. 2010 D� City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 &Aplan\2005 planning cases\05-17 mchugh variancekecording document.doc WAKHM 5/25/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Variance Extension 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 RECEIVED MAY 2r5 2005 CITY OF CHANHASSEN Diane and I wish to grant the City of Chanhassen a 30 day extension on our review period. Our 90 day review period shall end on July 14, 2005. Respectfully, Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 05-17 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 17, 2005, 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 5 -foot variance from the minimum 10 -foot side yard setback to build a storage shed on property located at 7450 ChanhassenRoad. Applicant: Timothy & Diane McHugh. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing andexpress theiropintonswith respect to this proposal. Josh Metzer, Planner I Email: imetzerno,ci chanhassen mn.us Phone: 952-227- 1132 (Published in the Chanhassen Villager on Thursday, May 5, 2005; No. 4422) OS -17 WEIVED ,JUN 6 2005 CITY OF CHANHASSEN Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as amended. //JJ//// (B) The printed public notice that is attached to this Affidavit and identified as No.1J1;1_ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuv ryz y Laurie A. Hartmann Subscribed and sworn before me on this day of . 2005 Notary Public RATE INFORMATION WN Id. RADUENZ NOTARY PU9:;C-KWSOTA NY Cases M fQns kvt 31, 2010 Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter ..... ......................................... $11.18 per column inch !CANNED —M (-f UCH s subject ro s located in the southeastern corner of Lotus Lake on The property i J P Chanhassen Road and is zoned Single Family Residential Sv/� • This property is a non -conforming lot of record in that it is only 55 feet in width at its widest point • The shed in question came to the attention of the City on August 30, 2004 when the City received an inquiry about the shed being built. On August 30, 2004, an inspection of the subject property was made at which time the applicant was informed that a zoning compliance review must be applied for or else the shed must be removed within fourteen (14) days. • On September 7, 2004 Mr. McHugh applied for a zoning compliance review which was denied because the shed was located within the side yard sebtiback. The applicant was informed that a variance must be applied for. or kw $tied • The applicant informed staff that he was aware that storage sheds less than 120 square feet in area did not require a permit, but was unaware that such structures must maintain a 10 -foot side yard setback • The applicant has completed a majority of the construction on the shed. The shed is 96 square feet in area. Chanhassen does not require building permits for storage sheds of less than 120 square feet. However, such structures do require a zoning compliance review which is used to checl setbacks and hard surface coverage-e- • rin i .fs as The width and topography of the lot greatly limit options for placement of a storage shed. Placing a shed in the rear yard would obstruct the lake view of the homeowner and potentially that of the neighbors. Because of this the applicant chose to place the shed on the south side of the house. • The applicant has built the shed with the same roof pitch as the principal structure that it sits next to. The applicant is also proposing to use the same vertical siding on the exterior of the shed as that used on the principal structure. The exterior of the shed would also be painted to match the existing home. • However, based on the fact that the property owner has reasonable use of the property staff must recommend denial of this request., 4v-v'V , Sh.wld .moi, -f. C. Gln e-esc 4-v oLfprvvs �5 yp,ri"tctAd-I[ i5 A. C'n4l;+M 1;544d *.A-ra 8 W+,to Bill of Material Roof Pitch 6 —12 [ To match house ] Shingles Superglass 25yr Roofing Felt 30 Ib. Roof Sheeting 3/4" Exterior Plywood Roof Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls 3/4" Exterior Plywood Siding 1x10 Vertical Cedar [ To match house ] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED CITY OF CHANHASSEN • • 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: TJ MCHUGH Date: 05/11/2005 Time: 12:34pm Receipt Number: DW / 6143 Clerk: DANIELLE GIS LIST 05-17 ITEM REFERENCE ------------------------------------------- AMOUNT GIS GIS LIST 05-17 GIS LIST 48.00 Total: --------------- 48.00 Check 16138 48.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED 0 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 00F (952) 227-1100 To: Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 KTM 16 Ship To: 5/5/05 Property Owners List within 500' of 7450 Chanhassen Road (16 labels) AL DUE Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-17 GIS. If you have any, questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! Invoice $3.00 upon receipt $48.00 $48.00 UANNED Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 17, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a 5 -foot variance from the minimum 10 -foot side Proposal: and setback to build a storage shed Planning File: 05-17 Applicant: Timothy & Diane McHugh Property 7450 Chanhassen Road Location: 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 • 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: 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 at htt3://206.10.76.6/weblink the Thursda rior 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 commercialrndustdal. • 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 spokespersoMrepresentative 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. Date & Time: Tuesday, May 17, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a 5 -foot variance from the minimum 10 -foot side Proposal: and setback to build a storage shed Planning File: 05-17 Applicant: Timothy & Diane McHugh Property 7450 Chanhassen Road Location: 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 • 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227.1132 or e - Questions & mail If you choose to submit Comments: 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 at htto://206.10.76.6/weblink the Thursday rior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Altera' 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 ofww 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 commerdaVindustrial. • 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 spokespersontrepresentative 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 Plannina Stall person named on the notification. Lo"LWa 7150 Chanitoaoan Road This nap is neither a legally recorded map nor a survey arW is not intended to be used as one. This nap is a connilation of records. information and data located in various city, county, state and federal offcas and other sources regarding the area shove, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational. tracking or any other purpose requiring exacting measurement of distance or direction cr precision in the depiction of geographic featuresn mors or discrepancies are found pease contact 952.227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowledges Nat the City shall not be liable for any damages, and expressly waives all claims, and agrees to dafend indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data p.dad. by Lab 7450 CMNuumt Road This map is neither a legally recorded map nor a survey and is not intended to be used as ane. This map is a completion of records, infonration and data located in various city, county, state and federal offices and other sources regarding Me area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this rrep are error free, and the City does not represent that the GIS Data can be used for navigational, traclong or any other purpose requldng exacting measurement of distance or direction or precision in Me depiction d geographic featuresIf enors or discrepancies are found please contact 952-227-1107. The preceding dsciaimer is mantled pursuant to Minrasota Statutes §466.03, Subd. 21 (2000), and Me user of this map acknoai d as that the City shall nas be liable for any damages, and expressly waives all claims. and agrees to defend, inclemaity, and had hamiess the City from any and all chines brought by User, its employees or agents, or third gables which arise out of the users access or use of data provided. 0 ,,NAME1» i,NAME2,, «ADD1„ ,,ADD2,, «CITY» «STATE» «ZIP» «Next Record,,,, NAME1,, nNAME2,, «ADD1 nADD2rr «CITY,, ,STATE,, ,ZIP,, I-ocation Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 Q le O� B s ood Lotus Lake i 7 i ha d r' C r0 7450 Chanhassen Road r L O t S S oe vIvw L W THOMAS R & AMY B EDSTROM CARL B FITZSIMMONS & PAT H FITZSIMMONS & 10 HILL ST PATRICIA K FITZSIMMONS PATRICIA L FITZSIMMONS CHANHASSEN MN 55317 7480 CHANHASSEN RD 7400 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT FLYNN & STEVEN T JENKS STEVEN A & BETH A MCAULEY VALERIE FLYNN 7490 CHANHASSEN RD 20 HILL ST 40 HILL ST CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 TIMOTHY J & DIANE A MCHUGH LARRY P MON FREDERIC OELSCHLAGER ETAL 7450 CHANHASSEN RD 7470 CHANHASSEN RD 7410 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JEANNE M RAYMOND SEYMOUR S RESNIK CHRISTOPHER & TRACEY RUST 7440 CHANHASSEN RD 7370 KURVERS POINT RD 7500 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 DANIEL C & RUTH C SHOEMAKER SCOTT J & DENISE B SMITH DAVID E & CAROLYN M WETTERLIN 7380 KURVERS POINT RD 30 HILL ST 7420 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 Material List Shingles Superglass 25yr Roofing Felt 30 Ib. Roof 3/4 Ext Plywood Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls Floor Siding Base CIA n z = � C cn m m m n z m z ' N O / M i C=Dm a O zCn 1/2 Ext Plywood 3/4" Plywood AC2 Treated Arsenic Free 2x6 AC2 Treated Arsenic Free 16" on Center 1x10 Cedar vertical ( To match house ) 5x6 AC2 Treated Timbers Existing Porch On House = Cm U � En cm ) z z rn_ 0 m m n N o o < m O .P Z Ca Shed Info Size 8'x 12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey Proposed ` Shed N � INSPECTION REPORT _ CITY OF CHANHASSEN, MINNESOTA Phone: 952-227-1180 Fax:952-227-1190 IN PECTIO O� v DATE �0 TIME 3a a TIME & DATE INSPECTION DESIRED (//��//� ADDRESS✓� /"RMIT NO. CONTRACTOR V1 i / Y v/ �O l/l�RFTAKEN BY: - WATER METER NO. REMOTE NO LOCATION CORRECTIONS 'Fo`� STUR�GCr Sltc+'as 3w+r-Zrr✓i:;�A44) rTr•+ -T oOz. S;;, A FdgA"�— I I Make corrections as listed above and schedule a re -inspection. You may not cover, conceal or proceed with construction in any that require correction until autho ' ed b the building official. J ate Inspector PLEASE PRINT Planning Case No.DS-1-1— CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: Timothy J. McHugh 7450 Chanhassen Road Chanhassen MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: timm(a)mchsi.com Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Owner Name and Timothy J & Diane A McHugh 7450 Chanhassen Road Chanhassen MN 55317 Contact: Tim McHugh Phone: 952-934-0533 Fax: Email: timm(a)mchsi.com Temporary Sales Permit Vacation of Right-of-Way/Easements X Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Esc w for Filing Fees ney Cost** $50 UP/SPRNAA /AP/Metes & Bounds - $400 Minor SUB 0250.00 TOTAL FEE $ 206:00 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. * Twenty-six (26) 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: Storage Shed LOCATION: 7450 Chanhassen Road LEGAL DESCRIPTION: Section 12 Two 116 Range 023 Sunset View Lot 005 Block 001 R25.8400040 TOTAL ACREAGE: WETLANDS PRESENT: YES X NO PRESENT ZONING: REQUESTED ZONING: N/A / PRESENT LAND USE DESIGNATION: �¢Si ttp✓t i—�s, REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Due to the Iona narrow size of the lot I am aDDIvinq for a variance for a storaqe shed on the south side of the Property. Enclosed you will find the following documentation: Evidence of ownership Plot plan showing property lines and location of storage shed Bill of material. Documentation Showing the base for the shed drawing showing the shed's placement to the existing structure and a letter from Larry Mon owner of the Property to the south supporting the placement of the storage shed 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. Signature of Applicant Signature of Fee Own - /S -vJ" Date 9 - IS - US Date C:\Documents and Settings\timmchugWAy Documents\City of Chanhassen varience Request\Development Review Application.DOC Rev. 3/05 SCANNED CERTIFICATE OF SURVEY FOR _�OeCo{ CCr6-6rck 110' n LoE 5 , �5LocK / , Sun3ef Vel✓ Garver Couney i Minne5otQ T. H. NO. 101 `n v I I Ed1G of Sit gait/� � L,o (945. to) Retk&(( RECEIVED SEP 7 2004 CHANHASSEN INSPECTIONS LEGEND o Iron monuments (93r ) existing elevations 934 proposed elevations ExtSr/7X� � �__.. lb� V lox J° 40 0 C y ♦ ��. il♦ 'e - Viol 1139 e o113s L'0, ,{e,( �►- direction of proposed surface drainage ��Ropdse,d S17e•d � 8r�fizi /170 Fd0=�7/✓9-S /✓o 7-,444)q t_Hea -ho 1 .. r/o cL e�fi4ic f o �cT /P/R'OPOSED ELEVATIONS 4 o Lowest floor garage floor iso top of foundation I hereby certitythat this survey, prepared.by me or -under my direct supervision, Ise true File No. and correct representation of the boundries of the above described land and of the location of all buildings, If any thereon, and all visible encroachments, if any, from or on said land and that I am a duly registered land surveyor underState of Minnesota Statutes Section 326.02 to 326.16. Book - Poge rcle— Date; �' /Z Bio pbglatratbn No. X ' 30 Hansen Thorp Pellinen Olson Inc. ` Consulting Engineers 6 Land Surveyors 7565 Otace Ridge Circle Eden Praline, MN 55344-3644 (512) 829-0700 ��Ropdse,d S17e•d � 8r�fizi /170 Fd0=�7/✓9-S /✓o 7-,444)q t_Hea -ho 1 .. r/o cL e�fi4ic f o �cT /P/R'OPOSED ELEVATIONS 4 o Lowest floor garage floor iso top of foundation I hereby certitythat this survey, prepared.by me or -under my direct supervision, Ise true File No. and correct representation of the boundries of the above described land and of the location of all buildings, If any thereon, and all visible encroachments, if any, from or on said land and that I am a duly registered land surveyor underState of Minnesota Statutes Section 326.02 to 326.16. Book - Poge rcle— Date; �' /Z Bio pbglatratbn No. X ' 30 m SCANNED Existing Porch On House a Cj)m D3 Cf) nm z z m a m m N O Cmm / � a O Z Proposed Shed N Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 9""NED RESIDENTIAL PERMIT/SURVEY ROUTING FORM Address: H50 Permit No. 6 Ll Legal: z J �6 �� Surfs-� 9 e K� Date Received 9 %Q `l Permit for: Home Addition , Deck _, Detached Structure Other / , Explain: e Route Permits/Surveys in the following order, note any changes you require and forward to next department. Engineering will order new surveys as requested and route for approvals in reverse order. Address/legal description, building footprint, building type matches survey (walkout, lookout, etc), benchmark. Approved Y / N Required corrections: Date: By: Revised survey/plans approved Y / N Date: Setbacks, tree preservation, wetlands, bluff zone, height, surface area, bluff setbacks. Approved Y D Date: q -q- By: Required corrections: 7DWZ A4- Mce+reQuirej IAF'-61dty0.r0 sx4b&k Revised survey/plans approved Y / N Date: By: Finance Approved Y / N Date: By: Elevation, building Type, grading/drainage easements, erosion control. Approved Y / N Date: By: Required corrections: Revised survey/plans approved Y / N Date: g: mfsry\fmm\prn itrouting 8/N CITY OF CHANHASSEN n e% 0 / (CL _5 PERMIT APPLICATION BUILD ZONE FIRE ENG 7700 MARKET BLVD ♦ PO BOX 147 ♦ CHANHASSEN, MN 55317 Phone: 952-227-1180 Fax: 952-227-1190 Web: www.ci.chanhassen.mn.us Please Type or Print. Complete Sections A & F and either Sections B, C, D or E A GENERAL INFORMATION Site Address: / yS D e- OY Y'019.,iserm 6,01 Owner:_ Tn} o -JA V J, M C I -:V .6 t4 _ _ - _ _ Contact Person: T.Jt.I M Cf4 Address: S,9ME M9 P KL.(wY!e Phone: 952-93 Y,OS3, GMt-d60.0�1'/J� Contractor: Nee- 0 w N e IL Contact Person: Address: Phone: City: State: Zip: License Number: Type: Expiration Date: Lot: O o5 Block: 6 0 I Subdivision: SI Sta- V!'L�-w Parcel Identification Number: R 25 - B 4 O 00 40 Zoning District: Section Number: /Z Twp-/)z� Naah.'si 4*,Vg4 ot3 South''/,: Variance required: Yes ❑ Noll' Planning Dept Case Number: Is there a wetland within 75' of any property lines? Yes ❑ No ❑ Is the property in a floodplain? Yes ❑ No J' If YES, Complete Certificate of Compliance for Authorized Floodplain Development. Sewer Available: Yes W No ❑ City Water Available: Yes ,18' No ❑ Estimated Completion Date: /O - /S- D �i ♦+*COMPLETE APPLICABLE SECTION ON REVERSE* +♦ THIS IS AN APPLICATION FOR A PERMIT. IT IS NOT THE ACTUAL PERMIT. THE UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH THE CHANHASSEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUILDING CONSTRUCTION NAME: TIVLO.4A �/--._-$IC-HV6l1 t t\C�OMPANY: CI-4rta- 0WAVF0L-)_ SIGNATURE: PHONE(HON e_—L4: (WOF (FAX): LTE: 4 — 7 — G LT SIGNER MUST BE CONTRACTOR, CONTRACTOR'S AGENT OR EMPLOYEE G APPROVALS *Route Applications in the Order Below: *Park & Rec to Review Commercial Only INSPECTIONS: date: PLANNING: FINANCE: date: PARK & REC: f' date: FIRE MARSHAL: H *OFFICE USE ONLY* DATE RECEIVED RECEIVED SEP 7 2004 IANHASSEN INSPECTIONS *RETURN TO INSPECTIONS WHEN COMPLETED* FEES VALUATION S Permit Fee ---------------- Plan Review Fee --------- State Surcharge ---------- SAC Fee-( units) -- Sewer Surcharge --------- Park Dedication Fee ----- Trail Dedication Fee ----- Trunk Water Hookup ---- Trunk Sewer Hookup --- Water Meter -------------- Sales Tax ----------------- Erosion Control Escrow -- TOT ONE & TWO FAMILY DWELLING Level (basement) 2id Level 3'd Level 4" Level Total fished Finished Finished Finished Finished finished Unfinished Unfinished Unfinished Unfinished signate Energy Code Compliance: MN Rules 7670 (CAT 1) _ or MN Rules 7672 —Path 0 _ 1 _ 2 _ 3 _ 5 _ rage Square Footage: Attached Detached Tuck Under FAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ mber of Baths: Full % %: Number of Bedrooms Number Future Bedrooms other of Fireplaces: MasonryManufactured Other ck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage toe of Dwelling EXCLUDING Land tpanVlbnant: Contact Person: ent Address: Phone (H): (W): State: Zip: ❑ Alter ❑ Repair ❑ Addition ❑ Other ❑ Square Footage: Construction Type: rtion in Building: Proposed Use: Description Yes ❑ No ❑ Occupancy Classic System: Gas❑ Oil ❑ Electric ❑ A/C Value: Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS TENANT Contact Person: a Phone (H): (W): State: Zip: State: Contact Person: Phone (H): (W): ❑ Alter ❑ Repair ❑ Square Footage: Construction Type: Occupancy Classification(s) tion in Building: Proposed Use: HVAC System: Gas[] Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No U Adjoining Tenants: Name: Address: Occupancy Classification: Name: Address: Occupancy Classification: Proposed Use: Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS E OTHER kcupant/fenant: �rM o414 Y G j4061-1 Contact Person: //;,4 17 Phone (H):dl.r2A30•o513(W)�12-96�0 OS LS Adition ❑ Basement Finish ❑ Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ .epair ❑ R6roof ❑ ShedJ( UST Installation ❑ UST Removal ❑ Other ❑ Year home was built P? 8,� Footage: �c� mw�..mmuc.rM�••m�.meic.rW�ni...,�m,m. Dimensions: Value of N CERTIFICATE OF SURVEY FOR 2ae.Co�- C6i6-Eroc&617 Lot 5 , �5OCK / , Sculsef Volt/ Carver County, Minnesoea- T. H. NO. 101 m ti I Ed ye of 6 f z of � ttl zo i n - CxlsrihC� RECEIVED SEP 7 2004 CHANHASSEN INSPECTIONS LEGEND O iron monuments ("I ) existing elevations Fs -;T4-1 proposed elevations �P VOws elegy ya {ei �-- direction of proposed surface drainage PRoPosed S 14 aid No r 44+P4 cN +o I-�ausc PROPOSED ELEVATIONS Lowest floor 9si.w garage floor Sso top of foundation I hereby certify that this survey, prepared -by me orunder my direct supervision, la a true FZ and correct representation of the boundries of the above described land end of thelocation of all buildings, If any thereon, and all visible encroachments, if any, from or onsaid landand thatI am a dulyregistered land surveyor under State of Minnesota StatutesSection 326.02 to 326.16. - F'10 7leDate: Reistration No. - 3O Hansen Thorp ` Pellinen Olson Inc. consulting Engl= 6 Land Surveyors 7565 office Ridge circie Eden Prairie, MN 55344-36" (612) 629-0700 PRoPosed S 14 aid No r 44+P4 cN +o I-�ausc PROPOSED ELEVATIONS Lowest floor 9si.w garage floor Sso top of foundation I hereby certify that this survey, prepared -by me orunder my direct supervision, la a true FZ and correct representation of the boundries of the above described land end of thelocation of all buildings, If any thereon, and all visible encroachments, if any, from or onsaid landand thatI am a dulyregistered land surveyor under State of Minnesota StatutesSection 326.02 to 326.16. - F'10 7leDate: Reistration No. - 3O CERTIFICATE OF SURVEY FOR �oeco{ CmsE�uefiorJ LoE S BCoc/c / 5(Ln-5ef VP_N/ Carver CoccntV, Minnesota. 1A T. H. NO. 101 -- -- - _ �) ___�__ M N I l 5 -dye dje of 4it .@a�-- L.O i �xtsr7nt; DECEIVED SEP 7 2004 CHANHASSEN INSPECTIONS IN t0 I n � 347 N s m l F o ®V'® R®S'O LEGEND �1\ P'1�(v �` p iron monuments V p�eii r,« fzr (ver ) existing elevations sse proposed elevations ,-+-- direction of proposed surface drainage ,qec W a( axi St,nq }louse �PRopose�! sN�d No Fao=i�ti,� /✓oT A44kiy.) + lIGVSC � 1 PROPOSED ELEVATIONS 4 7.o IoWest floor 9'J4.r.7 garage floor F-9-3- =5a top of foundation Thorp I hereby certify the' this survey, prepared by me or under my direct supervision, Ise trueMNoHansen end correct representation Elle bnandries of of the above described land and of thePe��lnen ��s�n enc. location of all buildings, if any fhereon, and all visible aucroachments, If any, from or onf said land and that l am a duly re;tistered land se,roeyor under State of Minnesota StatutesSection 328.0210 328.16. Consulting Engineers 6 Land Surveyors 7565 Office Ridge Circle Eden Prairie, MN 55340-3644��u (612) 829-0700Date. J!�Rtigistratfon No. 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 May 5, 2005, 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 McHugh Variance — Planning Case No. 05-17 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. K 'en J. E7 gel ardt, eputy Clerk Subscribed and sworn to before me this day of DacKq 2005. Notary Pu lic KIM I MEUWISSEN Notary Public -Minnesota My Commission Expires Jan 31, 2010 •CAMUM Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 17, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a 5 -foot variance from the minimum 10 -foot side Proposal and setback to build a storage shed Planning File: 05-17 Applicant: Timothy & Diane McHugh Property 7450 Chanhassen Road Location: 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 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 ro'ect. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: 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 at http://206.10.76.6/weblink 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 commercial4ndustrial. • 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 somethinu to be included in the report, lease contact the Planning Staff person named on the notification. A N W Q W Lu ^ ^ W W N ^ 2200 44f]0_ ZZ44U �pE pi -1 i� g3tgg ro $$ 8gaS€x�l;aaa 414 HF-sifa Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 Q w" le O- B s ood Lotus Lake 7 i ha d r C a r0 7450 Chanhassen Road r 0 LL5 Q S U S oe i THOMAS R & AMY B EDSTROM 10 HILL ST CHANHASSEN MN 55317 ROBERT FLYNN & VALERIE FLYNN 40 HILL ST CHANHASSEN MN 55317 TIMOTHY J & DIANE A MCHUGH 7450 CHANHASSEN RD CHANHASSEN MN 55317 JEANNE M RAYMOND 7440 CHANHASSEN RD CHANHASSEN MN 55317 DANIEL C & RUTH C SHOEMAKER 7380 KURVERS POINT RD CHANHASSEN MN 55317 CARL B FITZSIMMONS & PAT H FITZSIMMONS & PATRICIA K FITZSIMMONS PATRICIA L FITZSIMMONS 7480 CHANHASSEN RD 7400 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 STEVEN T JENKS STEVEN A & BETH A MCAULEY 7490 CHANHASSEN RD 20 HILL ST CHANHASSEN MN 55317 CHANHASSEN MN 55317 LARRY P MON FREDERIC OELSCHLAGER ETAL 7470 CHANHASSEN RD 7410 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 SEYMOUR S RESNIK CHRISTOPHER & TRACEY RUST 7370 KURVERS POINT RD 7500 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 SCOTT J & DENISE B SMITH DAVID E & CAROLYN M WETTERLIN 30 HILL ST 7420 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CERTIFICATE OF SURVEY FOR: _. RoeCo{ . CCY7sEre-C 1617 LoE $ 8[ocK / , Sunsef Vel✓ Cctrve� Caccnfc� � Mfnrie3ot_2 k2140.Q—— �^ T. H. NO. 101 a Edle of s Z7 I ' 2A to 1945.,0)(4 .l /Ret. k/,xtr I I is i t� n n q.z . w.s y1 I � �/ Exrst�nq o0 _ � 4,o a r 1 N hno m �Rppose S)4 L*d o � �xtsrin� hl a 1 �puSC �. I � �; nro•cLe�rQrc fo S� v�? jo �wo RECEIVED 5 E P 7 2004 i CHANHASSEN INSPECTIONS LEGEND p Iron monuments ) existing elevations 934 proposed elevations i i 0'j; 3 9 L ya der ��-- direction of proposed surface drainage Hansen Thorp Pellinen Olson Inc. ` consulting Enginews 6 Lard Surveyors 7565 office Ridge Qrcis Eden Praxis, MN 55344-3644 (672)829-0700 �P �OPOSED ELEVATIONS .o Lowest floor 454..1 garage floor so top of foundation 1 hereby certify that this survey, prupared.by ma oEunder my direct supervision, Is a true and correct representation of the PZVd6bs of -the above described land and of the location of all buildings, If any thereon, and all vial@de encroachments, If any, from or on sold land and that I am a duly registered Iano surveyor uederState of Minnesota Statutes Section 326.02 to 328.18. Date: U ' !� 8� ALglstratbn No, /.Fr File No. 8(o _/W Book- Pogo 27-G5 r"•30 STATEMENT OF PROPERTY TAX PAYABLE IN 2005 PARCEL. 825.8400040 IDENTIFICATION NO.: 2004 2005 CARVER COUNTY Property Class(es): RES. HSTD RES. HSTD TOM KERBER-TREASURER MARK LUNDGREN - AUDITOR X600 EAST 4TH STREET - P.O. BOX 69 CARVER CHASKA. MN 55318-0069 COUNTY 952-361-1980 • www.co.carver.mn.us *New Improvements/ Expired Exclusions: Estimated Market Value: 341,500 409,100 Taxable Market Value: 189,800 244,600 TAX BILL# 9464 DESC: ID# 6270 Sect -12 Twp -116 Range -023 SUNSET VIEW Lot -005 Block -001 TIMOTHY J & DIANE A MCHUGH C37 7450 CHANHASSEN RD 10534 CHANHASSEN MN 55317-9503 111I1II1I1III11n1111111I11I11 all IIIIIuu11111111I11I,Iloll 11 SCANNED CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: TJ MCHUGH Date: 04/15/2005 Time: 3:17pm Receipt Number: DW / 6052 Clerk: DANIELLE VARIANCE 05-17 ITEM REFERENCE ------------------------------------------- AMOUNT DEVAP VARIANCE 05-17 USE & VARIANCE 200.00 RECORDING FEES 50.00 Total: --------------- 250.00 Check 16127 250.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! 9CANNco Material List Shingles Superglass 25yr Roofing Felt 30 Ib. Roof 3/4 Ext Plywood Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls Floor Siding Base cs A Z = r to T M M M v m rn_ z Cn -D N O m � o m O Z cn 1/2 Ext Plywood 3/4" Plywood AC2 Treated Arsenic Free 2x6 AC2 Treated Arsenic Free 16" on Center 1 x10 Cedar vertical ( To match house ) 5x6 AC2 Treated Timbers Shed Base SCANNED 6211' 12 ft Floor Joists 16" on Center 44 8 f 12x6xl2' I SCANNED Bill of Material Roof Pitch 6 — 12 [ To match house ] Shingles Superglass 25yr Roofing Felt 30 Ib. Roof Sheeting 3/4" Exterior Plywood Roof Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls 3/4" Exterior Plywood Siding 1x10 Vertical Cedar [ To match house ] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED Existing Porch On House = Cr m CI) nm z m z m ^� o < 0 m 0 z Shed Info Size 8x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed " See attached Survey Proposed \ Shed N -----------------R�---------- ----> m SCANNED 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. • Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 R pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane McHu 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 SWNNED RECEIVED SPP 7 2004 CHANHASSENINSPECTIONS LEGEND p iron monuments r°aY i existing elevations 934 proposed elevations CERTIFICATE OF SURVEY FOR _ A2oe.Co{ Cf6t76fruct<1617 Loe- 5 , 6LOGK / , Sr473ef Vew Carver Coccneel , M1rnne5oea (998.9 T. H. NO. 101 939 9 1 l0 I Bdle of 61t Kory[(n I I z.o (945 b) 1 .I oaa iv .II Ret. W/ i( n I g N �J o �xtsr7 �4L�N zz o i j VO �IeiJ �e }e� i►-- direction of proposed surface drainage lI Hansen Thorp Book - Page Pellinen Olson Inc. 27-65 Consulting Engineers 6 Land Surveyors Date:.. !� �� Registration Na. 7565 Office Ridge Circle Eden Prairie, MN 55349-3644 (612) 8290700 PRopose.d SN�d /✓o T P44V-)r H +0 ! IGuSC/ i� NO l' PROPOSED ELEVATIONS fo lowest floor 934.w garage floor 43so top of foundation I hereby certify that this survey, prepared by me ar, under my direct supervision, is a true and correct representation of the boundries of the above described land and of the location of all buildings, If any tlareon, and all visible encroachments, if any, from or on said land and that l am a duly registered land se,roeyor onder5tate of Minnesota Statute, Section 326.02 to 326.16. File No. � Book - Page 27-65 Scale Date:.. !� �� Registration Na. /" = 30 LEGEND Irnuments 11 elevations lid elevations Lot S , BLOCK / , .Stu75ef VeN/ Carver Counfy, Menne-5ot2 (936.91 T. H. NO. 101 __ ---- v, (939 3)i _..---*'98.0) M � i I Edie of t kbUa N Z.o i a _ h �xtsrinK� � I pmAC'M (err Ret. Wa( a,, 5t , n y House - 11. 3 ouse ,,.3 (az-7.-7) i 3467 N r`0''7� m � �PRpPoSed M N S 14 &d F ` ) M 0� 'S Sq m IS rya {6( In of proposed surface drainage SCANNED IVO F6047' C No T R44)9 Cl�lr� l-lGvS-C% dFz- PROPOSED ELEVATIONS 9 .o Lowest floor 939.7 garage floor 3s.o top of foundation •con T hr�rr� I I hereby certify that this survey, prepared by me ur, under my direct supervision, is a true File No 338 �5 �f,J 3i<�,. s 38. t k ' r77 :S74,7 9151.� �7--_ Y� G co 3� I z8.a� _ J J c n Date: April 20, 2005 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for a 4 -foot Variance from the minimum 10 -foot side yard setback to build a storage shed. The shed has been partially built. The site is located in the Single -Family Residential (RSF) District at 7450 Chanhassen Road, Timothy & Diane McHugh. Planning Case: 05-17 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 15, 2005. The 60 -day review period ends June 14, 2005. 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 May 17, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 5, 2005. 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 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 SprintfUnited) 10. Electric Company (Acel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 Q le O- B s ood Lotus Lake 7 Thad r C ro 7450 Chanhassen Road r ca 0 S U 06 i w 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. • Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 Existing Porch On House a Cn T r m m Z z m 0 m m N O / m O Z Co Shed Info Size 8'x 12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed " See attached Survey I Proposed Shed N ON V M SCANNED Bill of Material Roof Pitch 6 — 12 [ To match house ] Shingles Superglass 25yr Roofing Felt 30 Ib. Roof Sheeting 3/4" Exterior Plywood Roof Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls 3/4" Exterior Plywood Siding 1x10 Vertical Cedar [ To match house ] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED Shed Base 5XsX8 ��� 5z6z1P SCANNED 12 ft Floor Joists 2x 8 SCANNED 16" on Center 1 � I� I 8 ft �I SCANNED RECEIVED SEP 7 2004 CHANHASSEN INSPECTIONS LEGEND o Iron monuments (par ) existing elevations v34 proposed elevations CERTIFICATE OF SURVEY FOR _,- 2oeCo7' CcrzSfrocfion L0E 5 , BcocK / , Sunsef Alw Garver Coun if(l, Hlnne50ta- .—. _ klq4o_i)— (938.9) '^ T. H. NO. 101 - ---- V1 �8.5T . 0 I I Edje of 6if Z1 2'0 - IVI t^ 317 I n L�xtsrrnr>r � m m i-*-- direction of proposed surface drainage f{ec. W✓ ( Bxi Stinq Hou Se. -7) PRopose'd S t4 ctd No 7- . P4+,lq �He +o ; l rrl,sCA. P 'OPOSED ELEVATIONS Lowest floor I, a .�7 garage floor top of foundation I hereby certify that this survey, prepared.by me or,under my direct supervision, Is a true File No. and correct representation of the boundries of the above described land and of the location of all buildings, If any thereon, and all visible aftcroschments, 11 any, from or on said land and that I am a duly registered land surveyor under State of M Innesots Statutes Section 328.02 to 328.18. Book - Pope Date: lZ 8� R4stration No., 3� Scole Hansen Thorp Pellinen Olson Inc. ConaWting Engineers 6 Land Sura yors 7585 Office Ridge circle Eden Prairie, MM 55314-36" (812) 829-0700 f{ec. W✓ ( Bxi Stinq Hou Se. -7) PRopose'd S t4 ctd No 7- . P4+,lq �He +o ; l rrl,sCA. P 'OPOSED ELEVATIONS Lowest floor I, a .�7 garage floor top of foundation I hereby certify that this survey, prepared.by me or,under my direct supervision, Is a true File No. and correct representation of the boundries of the above described land and of the location of all buildings, If any thereon, and all visible aftcroschments, 11 any, from or on said land and that I am a duly registered land surveyor under State of M Innesots Statutes Section 328.02 to 328.18. Book - Pope Date: lZ 8� R4stration No., 3� Scole Date: April 20, 2005 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I AA - Subject: Request for a 4 -foot Variance from the minimum 10 -foot side yard setback to build a storage shed The shed has been partially built. The site is located in the Single -Family Residential (RSF) District at 7450 Chanhassen Road, Timothy & Diane McHugh. Planning Case: 05-17 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 15, 2005. The 60 -day review period ends June 14, 2005. 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 May 17, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 5, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. I. 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 Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 e� �' le O- B s ood Lotus Lake '- Ir 7 ihad r' C a ro r 7450 Chanhassen ' Road r cri L 0 r 0 O g u S HE ffTJTI, oe h/ 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane Me ugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. t� Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 Existing Porch On House a � � m m nm Z m Cnz m ^� o < m s � z Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey IProposed \ ` Shed N F SCANNED Bill of Material Roof Pitch 6 — 12 [ To match house ] Shingles Superglass 25yr Roofing Felt 30 Ib. Roof Sheeting 3/4" Exterior Plywood Roof Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls 3/4" Exterior Plywood Siding 1 x1 0 Vertical Cedar [ To match house ] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED Shed Base sx6xs SCANNED 12 ft Floor Joists 16" on Center m SCANNED CERTIFICATE OF SURVEY FOR 2oe.Lo{ CcvEucfior7 Lot 5 , OLOcK / , View Carver Cozen �'c, , M,nne5ot2 '^ T. H. NO. 101 0 I zc"'( ry I adlel9of Brt I f 2.0 _- i •l 2.0 (945ao) �/>- I 1 �y i /RCC. 1✓�c(( fl .I t� I/� I IN gxiStin9 v vllo 7E m .t t - Jam" t Aya N .q'uA 4 rr 11.3 (427.7) �0 367 i n C, rp in F PRpPas e,d 1 x)K Mi (9L,. N \1 8'42 r_ L N No 7' . A=} -f,19 VI 0810 RECEIVED b L P 7 2004 INSPECTIONS i CHANHASSEN j LEGEND �5 t.P� Is 0 Iron monuments O� �„OPOSEt) ELEVATIONS (var ) existing elevations a{e� y 1�1° Lowest floor v74 proposed elevations I 9 �.�7 garage floor ��— direction of proposed surface drainage sa top of foundation Hansen Thorp I 1 hereby certify that this survey, y, prepared.by me or under my direct supervision, Is a true Fila No. and correct representation of theboundries of the above described land and of the-��. f Pellinen Olson Inc. location of ail buildings, if any thereon, and all visible encroachments, If any,lrom or on Bea said land and thatl am a dulyregistered land a4rosyarunderStateof Minnesota Statutes Section 326.02 to 326.16. Book - Pope Consulting Engineers 6 Land Surveyors 7565 Grace Ridge Circle Eden Prairie, ON 55344•3644 Z7 - GS Scale (612) a2"700 i !e lG �,• , 30 Date: RLglstration No.., Date: April 20, 2005 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I 1410 4WM04; Subject: Request for a 4 -foot Variance from the minimum 10 -foot side yard setback to build a storage shed. The shed has been partially built. The site is located in the Single -Family Residential (RSF) District at 7450 Chanhassen Road, Timothy & Diane McHugh. Planning Case: 05-17 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 15, 2005. The 60 -day review period ends June 14, 2005. 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 May 17, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 5, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. I. 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 SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 le O- B s ood Lotus Lake Ir 7 Thad r' C aro 7450 Chanhassen Road r CU O r S :T7 S oe RM FEFJIT, 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road . Chanhassen, MN 55317 612-636-7389 Existing Porch On House N m M m z m CnZ U mo --i ^� C= < m - O Z Cn Shed Info Size 8'x 12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey I Proposed \ Shed N � � -i m SCANNED Bill of Material Roof Pitch 6 — 12 [ To match house ] Shingles Superglass 25yr Roofing Felt 30 Ib. Roof Sheeting 3/4" Exterior Plywood Roof Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls 3/4" Exterior Plywood Siding 1 x10 Vertical Cedar [ To match house] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED Shed Base Sx6z8' SCANNED 12 ft Floor Joists .0 8 ft _I SCANNED 16" on Center RA .0 8 ft _I SCANNED CERTIFICATE OF SURVEY FOR-.-_2oe.Cof Cay frvcfior7 Lob 5 , 6(-OCK / , S(zn5ef I/el✓ Carver Countcl, Mfnne.50ta- -. 936.9) T. H. NO. 101 cY1 ry I Ed je of .6;t Road I Cava—e) y .j sloe q �9 • h N fly , I r m I n 7 74"11 f , ` - I N •q0%� i `} 3Q � N h1 at L�xtsr7nC� � (az,. a �mIR CA L,.o O iii, (off 7 Ln -RO m V1 810 RECEIVED SEP 7 2004 / CHANHASSEN INSPECTIONS i LEGEND / VS \0 O•� V 59� 1 O iron monuments V elegy. afe� (rar ) existing elevations F97-4-1 proposed elevations direction of proposed surface drainage Rec. W/ (( axist,nq p4ux ,) &&posed S k+ 4rd -',e� .. /'o ZOPOSED ELEVATIONS Lowest floor 9sF•o, garage floor S.o top of foundation ITT, I hereby certify that this survey, prvpared.by me orunder my direct supervision, Is a true File No. Hansen Thorp and correct representation of the beundries of the above described land and of the Iocallon of all buildings, If any thereon, and all visible encroachments, l} any, from or on Fe��lnen Olson Inc. saidiandandthatlamaduly registered land s@rveyorunderstate ofMinnesotaStatutes Section 349.02 to 328.18. Book - Page f consulting Engineer 6 Land Surveyors 7595 office Ridge Ord* Eden Prairie, MM 55344-3644 - —` (612) 829-0700 - Scale Date: 'S!�' B� 1114stration No. 30 Date: April 20, 2005 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for a 4 -foot Variance from the minimum 10 -foot side yard setback to build a storage shed. The shed has been partially built. The site is located in the Single -Family Residential (RSF) District at 7450 Chanhassen Road, Timothy & Diane McHugh. Planning Case: 05-17 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 15, 2005. The 60day review period ends June 14, 2005. 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 May 17, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 5, 2005. 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 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 SprintJUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 Q le O- B s ood Lotus Lake 7 Thad r" C aro 7450 Chanhassen Road r L 0 r 0 ° S S 06 W 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane Mc ugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road Chanhassen, MN 55317 612-636-7389 Existing Porch On House a C0 r m z m_ v qm N O � / \ m 0 0 z Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey Proposed Shed N � C\ <---------------- g'— — m Roof Pitch Shingles Roofing Felt Roof Sheeting Roof Rafters Wall Studs Walls Bill of Material 6 — 12 [ To match house ] Superglass 25yr 30 Ib. 3/4" Exterior Plywood 2x6 16" on Center 2x4 16" on Center 3/4" Exterior Plywood Siding 1x10 Vertical Cedar [ To match house ] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED Shed Base I ✓S/z6x��' I SCANNED 12 ft Floor Joists m SCANNED 0 n RECEIVED SEP 7 2004 CHANHASSEN INSPECTIONS LEGEND o Iron monuments (paY ) existing elevations vs¢ proposed elevations CERTIFICATE OF SURVEY FOR _.._ AZoe.Co{ Cay frvcfion LOe 5 , 6000K / , 5(Ln5e'6 Vli'kl Carver County MinneSotcc H. NO. 101 M 0 i i adle of 6,itry � L,o ig I 'Tee . k/,ct( pxi9tini }louse 7) �PRopos�d S 14 e°d i / \ONO vs l Sgm.IS L0 elel � ya {e( direction of proposed surface drainage Zl Hansen Thorp Pellinen Olson Inc. I ` Consulting Engineers a Land Surveyon 7565 office Ridge Circle Eden Prairie, MN 56344-364 (612) 629-6700 8 f)�/21 No T . HSA cHr +41 ; l,�rruSCA No �L e�r`ic f• c S,t/e� ,W6POSED ELEVATIONS Q .o Lowest floor garage floor S.o top of foundation I hereby certify that this survey, prapared.by me oc under my direct supervision, Is a true and correct representation of the boundries of -the above described land and of the location of ail buildings, if any thereon, end ag visible encroachments, If any, from or on said land and that 1 am a duly registered land surveyor under State of Minnesota Statutes Section 326.02 to 326.10. Date: :5`10 pbglstratlon No. HP090 /"' 30 City of Chanhassen 7700 Market Boulevard Imp Chanhassen, MN 55317 ce 1 a l Q OF (952) 227.1100 C�N�SEN Date: April 20, 2005 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for a 4 -foot Variance from the minimum 10 -foot side yard setback to build a storage shed. The shed has been partially built. The site is located in the Single -Family Residential (RSF) District at 7450 Chanhassen Road, Timothy & Diane McHugh. Planning Case: 05-17 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 15, 2005. The 60 -day review period ends June 14, 2005. 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 May 17, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 5, 2005. 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 I 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 S. 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 13. Other - 14. Other - Location Map McHugh Variance 7450 Chanhassen Road Planning Case No. 05-17 le 0- B s ood Lotus Lake �- 7 Thad r' C a ro 7450 Chanhassen Road r 0 r 0 S U S oe RM ITTIT, H/ 04/15/2005 City of Chanhassen Planning Commission 7700 Market Boulevard Chanhassen, MN 55317 RE: Application for Variance to construct a Storage Shed at: 7450 Chanhassen Road Chanhassen, MN 55317 952-934-0533 Description of variance request. • Construction of a storage shed that would not conform to the 10' minimum required side setback. Due to the narrow width of the property 55' I am requesting a 4' variance to the south side lot line. Justification for variance. We have looked at alternative locations for placement of the shed without obstructing lake views or impairing property values within the neighborhood without success. Placement of the shed on the south side of the house is supported by the property owner on the south side as stated in the attached letter from Larry Mon. There is a row of large 50 ft pine tree's that serve as a buffer between the two lots. • We designed the shed to use the same roof pitch and vertical siding of the existing structure to assure it will blend in with the existing structure and be architecturally appealing to the neighborhood. • The topography on the property does not allow placement of the shed on the front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the [West] side which abuts to the lake or the limited space on the North side which provides access to the lake side of the property. Sincerely, Timothy & Diane McHugh 7450 Chanhassen Road Chanhassen, MN 55317 SCANNED 04/13/2005 Tim McHugh 7450 Chanhassen Road Chanhassen, MN 55317 RE: Proposed Shed 7450 Chanhasssen Road This letter is in response to our conversation regarding your intent to apply for a Variance with the City of Chanhassen for a storage shed on the south side of your property. I wanted you and the City to know that I support you in your effort to obtain the necessary approvals required for the Shed to extend into the 10' Side Yard Setback requirement. With the design, placement and tree line that separates the two properties I am confident it will in no way be detrimental to my property or hinder any views. Larry Mon Property Owner of 7470 Chanhassen Road . Chanhassen, MN 55317 612-636-7389 F SCAMMED Existing Porch On House = inm �7 m m nm ZMz rn_ Cn m m ^� o < m o z Shed Info Size 8'x12' Roof 6-12 pitch Not attached to house No footings Material List Attached No Electric to Shed * See attached Survey I Proposed Shed N � C V m Bill of Material Roof Pitch 6 — 12 [ To match house ] Shingles Superglass 25yr Roofing Felt 30 Ib. Roof Sheeting 3/4" Exterior Plywood Roof Rafters 2x6 16" on Center Wall Studs 2x4 16" on Center Walls 3/4" Exterior Plywood Siding 1x10 Vertical Cedar [ To match house ] Floor Joists 2x6 16" on Center AC2 Treated Arsenic Free 16" on Center Floor Sheeting 3/4" Plywood AC2 Treated Arsenic Free Base 5x6" AC2 Treated Timbers SCANNED Shed Base ✓. 5/x 6x8' I SCANNED 12 ft Floor Joists 8 f SCANNED a n RECEIVED 5 E P 7 2004 CHANHASSEN INSPECTIONS LEGEND 0 Iron monuments (Gar ) existing elevations v54 proposed elevations CERTIFICATE OF SURVEY FOR _. 26e.(o7r C' .Sfrchf&6/7 Lof S , 6LOCK / , Sccnse'E Vel✓ Calver Cocxn ey , MrnneSota-. i i VOwsele� ' aqm IS a{ef ice— direction of proposed surface drainage Hansen Thorp /-� Pellinen Olson Inc. I ` Consulting Engineers 6 Land Survoyon 7565 Office Ridge Grcle Eden Prairie, Mai 55344-36" (612) 929.0700 i P�t/OPOSED ELEVATIONS 4 .a lowest floor i ari.�7 garage floor Ss.o top of foundation I hereby certify that this survey, pr8pered.by me or,under my direct supervislo 1, Is a true File No, and correct representation of the kipuedrlea of iha above described land end of the 8l0. �� location of all buildings, If any thereon, and all visible encroachments, If any, from or on said land and that I am a duly registered land aurveyar POderState of Minnesota Statutes Section 326.02 to 326.16. Book - Poge 27 -GS " Srole Date-. '� lZ B� 1`14stration No. - �^ T. H. NO. 101 0 I Edye of Bit 'SS.OZ q ✓i�,3 I i k I Ret. ti/�.rl it �y I QN N 4+1 �0J'Jf' m /0.28 Z4.-53 L N .q�o� m. '•i (q27.7) f11.3 4o ti n N m k l PRO /%0$e d N &d POC¢ " L7.o p 7,F60'41N� i i VOwsele� ' aqm IS a{ef ice— direction of proposed surface drainage Hansen Thorp /-� Pellinen Olson Inc. I ` Consulting Engineers 6 Land Survoyon 7565 Office Ridge Grcle Eden Prairie, Mai 55344-36" (612) 929.0700 i P�t/OPOSED ELEVATIONS 4 .a lowest floor i ari.�7 garage floor Ss.o top of foundation I hereby certify that this survey, pr8pered.by me or,under my direct supervislo 1, Is a true File No, and correct representation of the kipuedrlea of iha above described land end of the 8l0. �� location of all buildings, If any thereon, and all visible encroachments, If any, from or on said land and that I am a duly registered land aurveyar POderState of Minnesota Statutes Section 326.02 to 326.16. Book - Poge 27 -GS " Srole Date-. '� lZ B� 1`14stration No. Non -Scannable Item Item Description C f=older Number Folder Name Job Number Box Number 5 3 PC OS -0