CAS-20_2017-20 VAR OWNER: RICK & ELIZABETH NUSTAD0-20
CHANRASSEN PLANNING COMMISSION
REGULAR MEETING
JANUARY 16,2018
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Nancy Madsen, John Tietz, and Mark Randall
MEMBERS ABSENT: Mark Undestad, Steve Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; and MacKenzie Walters, Planner
PUBLIC PRESENT:
Rick & Liz Nustad 7721 Erie Avenue
OLD BUSINESS:
7721 ERIE AVENUE — VARIANCE TO BUILD A GARAGE.
Walters: Thank you. This item, case 2017-20 was first heard on November 21, 2017. If
appealed it would go before the City Council on February 12, 2018. This is the revised request
for a garage at 7721 Erie Avenue. This is a variance request for a second driveway access, a 10
foot west front yard setback, a 5 foot rear setback and a 9 percent lot coverage variance. So just
to recap the November 215 meeting, the Planning Commission requested that the applicant
attempt to minimize the lot coverage associated with the variance. That they work with the
Water Resource Coordinator to mitigate the impact of the proposed lot coverage. That the
applicant pursue the vacation of the southern alley and that the applicant investigate the potential
for using a single driveway access. The applicant worked with staff over the next month or so
and came back with an attached, a proposal for an attached garage configuration which reduces
the hard cover. Proposes using geogrid for the second driveway access which would reduce the
amount of impervious surface. They are proposing an 8 foot in diameter rain garden to help
mitigate the runoff generated by the increased hard cover and they are working with the
engineering department to vacate the southern alleyway. They did talk to their builder and they
do not believe it would be feasible to use a single driveway access just given how long the fire
truck is and how tight the garage space is. So the location is the same as before. It's still zoned
residential single family. Site conditions are currently as they were. The property has 28.3
percent lot coverage. The lot is 8,529 square feet. The north setback is met and the existing
setback for the front is 20 feet and there is the shed to the south that is within the south setback
and rear yard setback. The applicant has taken, as I mentioned, every step they could to
minimize the extent of variance required to house a fire truck. I decided to put two side by side
here so you can see the difference between the initial and the revised proposal. I mentioned that
they'll be using a pervious paver driveway with geogrid instead of a concrete driveway. The
Planning Commission — January 16, 2018
house as you can see has been moved up which removes about 100 square feet of impervious
patio and then the rain garden would be located here and this green area is the about 460 square
feet of lot area that would be added by vacating the alley to the south. And of course adding that
extra 8 feet means they would no longer need a southern setback variance. This table shows the
difference between the initial and revised proposal. The biggest difference is, are in terms of the
lot coverage. The use of the vacation of the alleyway would reduce the lot coverage from the
proposed 37.4 percent you saw on the 21' down to 34 percent and using pervious pavers for the
driveway would reduce it to 30.9 percent impervious surface and as mentioned they are
proposing the installation of a rain garden to help absorb as much of that runoff as possible. That
being said it would still be a significant increase from the property's current 28.3 percent lot
coverage. Staff looking at it assessment is pretty similar. The neighborhood does have the
history of street flooding. There is inadequate storm water treatment. The applicant does
currently reasonable use of the property with a single family home, two car garage, patio, storage
shed. Staff is still concerned about the precedent of allowing variances for the storage of large
vehicles. That being said, as was mentioned, the applicant has made a good faith effort to
address the Planning Commission's comments and concerns. This certainly represents the
minimum possible variance for storing the fire truck. Unfortunately because of concerns staff
still recommends denial unless the Planning Commission feels the revised proposal has
sufficiently addressed the concerns raised during the November 21' meeting. We do have a
motion both for denial and approval prepared. I'd be happy to answer any questions you have at
this time.
Aller: Any questions at this time for staff9 What's the process that would need to be taken or is
being undertaken to vacate that easement?
Walters: Yep my understanding is they have applied for the vacation. I believe we got the, the
one thing we were waiting on before we put a date on it was the Gopher One locates which they
sent to us last week. I'm working, going to work with our engineering department to go over
those but they are well on their way to vacating. There's just a couple steps they would need to
do and I believe it's penciled in for a February date if we can get the Gopher One stuff taken care
of, and again they did have the crew out there and it was marked so they are pursuing that and
we don't foresee any obstacles to that.
Aller: And is there any, it's not a requirement now but it could be made a requirement to this
variance that that be done in order for the variance to move forward correct?
Walters: It is currently listed as a condition for approval that before a building permit be issued
the vacation be completed.
Aller: Okay. Any additional questions based on that?
Tietz: No. Looks like a good solution.
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Planning Commission — January 16, 2018
Aller: Alright. We'll go ahead and have the applicant come forward. If you could state your
names and address for the record again that would be great.
Rick Nustad: It's Rick and Liz Nustad, 7721 Erie Avenue, Chanhassen.
Aller: Welcome again.
Liz Nustad: Thank you.
Rick Nustad: We are the owners. Anyways; just an update. We met with Terry Jeffery from the
Riley -Purgatory watershed district on December 7 1h . He came out and we walked the yard and
he was pretty nonchalant about it. We have, the yard drains backward towards this alleyway and
he said basically we could rototill up about an 8 foot diameter chunk of land where the shed
would be moved. That would suffice and I asked him about rain barrels and he said unless you
have, or he asked do you have a use for the water and I said no. Like a garden and he didn't see
any issues at all. He said he was going to contact someone at the City which may have been
MacKenzie about so. And we made a work ticket for Gopher State on December 19' and they
came out, bear with me here. I have here the completed sip off. Let's see here, from Gopher
State showing the only people that had to mark anything was CenturyLink. Everything else was
no conflict and I'm pretty sure that the City was out and marked on this alleyway where I guess
it's a sewer that goes back there. So that was done. And we did file for the vacate and paid the
fee. And we did come in with our geo pavers and turned in the spec sheet to MacKenzie so he
could see that. We did want to show up tonight with a drawing of, street view of our house with
the new attachment but Boyer Construction was unable to get that to us unfortunately. We did
see a preliminary drawing and it does look very nice. And we do have the completed final
drawing from our survey company. That does show the alleyway and there's two, where they
painted on the ground two lines fi-orn CenturyLink that actually go off to the south of us and that
is really all we have.
Aller: Great, thank you. Any questions of the applicant at this time? We're all familiar with
Mr. Jeffery. He's a very accommodating individual and low key and did he happen to raise his
eye brow at all?
Rick Nustad: Eye brow, we missed.
Allen It's a tell.
Rick Nustad: But we do have a little better plan versus ... 8 foot diameter circle. He can come up
with something.
Aller: Sounds like it. Thank you very much.
Rick Nustad: Thank you for your time.
Planning Commission — January 16, 2018
Liz Nustad: Yep, thank you.
Aller: Okay, we don't have a public hearing on this item as it's old business. We've had a
public hearing on a prior occasion. They were asked to work with the City and come up with a
hopefully better solution and we have a plan before us so thoughts.
Randall: I'm impressed that they did it. It looks nice that they went through and came up with a
little bit better variance than what we had before so.
Tietz: Yeah, I agree. I think it's a great solution for the conditions and the situation that we
reviewed the first time. I think it's going to be, even though it is a larger garage than is normal I
think under the conditions and in the neighborhood it works very well so thank you.
Aller: Alright.
Madsen: Although I appreciate all the extra work they've gone into I do have a concern that it
would establish the precedent of needing a storage space for larger vehicles to justify exceeding
the lot coverage so I still do have that concern.
Tietz: Can you make a motion?
Aller: Yeah, I can't make a motion but I'll invite a motion, whether it's for or against modified.
Randall: I'll make it for. I just want to say one more thing. I really appreciate that they went
through and worked with it on, that was nice you know so. They've followed a lot of our
recommendations on it. The precedent obviously is an issue but at least they went back and
made some changes there to help with it so that's all.
Tietz: Well and I recall we had positive comments from the neighbors the first time around so
even though it is a little atypical there was not push back from the neighbors who spoke at the
public hearing.
Randall: I'll make a motion. The Chanhassen Board of Appeals and Adjustments approves a 10
foot west front yard setback, a 5 foot rear yard setback, a 9 percent lot coverage and a second
driveway access variance for construction of the detached garage subject to the conditions of
approval and adopts the attached Findings of Fact and Discussions.
Aller: I have a motion. Do I have a second?
Tietz: Second.
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Planning Commission — January 16, 2018
Aller: Having a motion and a second. Any further discussion? I will just say that I share your
concerns regarding the, regarding a precedent for purposes of allowing a variance for this type of
stated use and it is a substantial change in the property. However I think variances are taken on a
case by case basis. Again I'm hoping that it doesn't turn out to be a precedent and that we don't
hear a lot of it and my goal would be to limit those to those that we feel are reasonable use of the
property consistent with the neighborhood and as Commissioner Tietz said the neighborhood has
come in in favor of this particular modification so in that factor I think that meets the
requirements for me to satisfy myself with the fact that it would be an appropriate use of the
property under these conditions and circumstances which would allow for the variance so I'll be
voting for it. Any additional comments?
Randall moved, Tietz seconded that the Chanhassen Board of Appeals and Adjustments
approves a 10 foot west front yard setback, a 5 foot rear yard setback, a 9 percent lot
coverage and a second driveway access variance for construction of a detached garage
subject to the following conditions of approval and adopts the attached Findings of Fact
and Decisions:
The applicant must apply for and receive a building permit.
2. The garage must be architecturally compatible with existing house and match color.
3. Vacation of the southern alley must be completed before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resource Coordinator. The system must
be installed by a certified installer.
5. The applicant shall construct an 8 foot in diameter rain garden in the southeast comer of
the property, the design and installation of which shall be approved by the Water
Resource Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more than 2,786
square feet may be impervious surface.
All voted in favor, except Commissioner Madsen who opposed, and the motion carried with
a vote of 3 to 1.
Aller: So the motion carries 3 to 1. That is not a super majority.
Aanenson: That's correct so.
Generous: It's 75 percent of those present.
Planning Commission — January 16, 2018
Aanenson: Yeah.
Generous: So it would be the final determination if it's appealed.
Aller: So it would move forward.
Aanenson: No, it's final unless it's appealed. Yes. 75 percent of those in attendance.
Aller: Oh that's right. We only have 4 people here.
Aanenson: You only have 4 people tonight so.
Aller: So the motion carries and we move onto item 2. Thank you so much. And these items
will be for public hearings.
PUBLIC HEARING:
1651 MOTORPLEX COURT — REGISTERED LAND SURVEY (SUBDIVISION).
Generous: Thank you Chairman Aller, commissioners. As you stated this is a public hearing to
review a registered land survey and an amendment to a conditional use permit. The property's
located at 1651 Motorplex Court. Additionally there's a second building on the south side that's
1650 Motorplex Court as part of, it was approved previously with the conditional use permit and
site plan review. This item will go to the City Council on February 12, 2018. The applicant is
J&R Properties Limited Liability Company. Mr. LaMettry is the owner of that and he's here
tonight. Again this is 1651 Motorplex Court. It's a unique property. It was, there were two
properties as a part of the Motorplex development and as the Motorplex expanded over time it
took pieces of this parcel away from it. When the LaMettry's came in for site plan review, as a
condition of approval he was to dedicate the land with the Bluff Creek corridor on the back side.
There's a wetland complex to the City. When he tried to record that deed transferring the
property to the City of Chanhassen Carver County said no, they wouldn't accept it. We were
going to do a lot line adjustment and attach it to land that the City currently owns west of this
parcel and told the owner that he would need to do a registered land survey to clean up all the
exceptions from the descriptions. If you look at the registered land survey it's a whole page of
metes and bounds descriptions which is pretty confusing. This property is zoned industrial office
park. It's 24 acres in size. There are two building sites with existing buildings on the east side
of this property right off Audubon and Motorplex Court which is a private street providing
access to those buildings as well as to Audubon Motorplex. The registered land survey would
create 3 tracts. Tract A is the property that contains the wetlands and the Bluff Creek primary
zone on the west side. And then Tracts B and C on the east side contained two buildings that the
applicant has constructed on there. Those two lots both meet the, exceed the minimum
requirements of the IOP district. Staff is recommending approval of the registered land survey
subject to the two conditions that they dedicate the land and that they memorialize the easement
6
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CITY OF CHANHASSEN
PC D#: January 16, 2018
CC DATE: February 12, 2018 C-3
REVIEW DEADLINE: February 13,2018
CASE #: 2017-20
11.11
M LVI
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies a 10 -foot west front yard setback, a-
4.3 feet south ffent yafd setbaek, a five-foot rear yard setback, a 42-4 9 percent lot coverage, and a
second driveway access variance for the construction of a detached garage, and adopts the
attached finding of Facts and Decisions." &a -
Or OF<Gl
"The Chanhassen Board of Appeals and Adjustments approves a 10 -foot west front yard
setback, a five-foot rear yard setback, a 9 percent lot coverage, and a second driveway access
variance for the construction of a detached garage, subject to the conditions of approval and
adopts the attached finding of Facts and Decisions."
I I
On November 21, 2017, the Planning Commission tabled the applicant's initial variance
request. They requested the applicant return with a revised proposal that reduced the
amount of impervious surface associated with the proposal.
SUMMARY OF REQUEST:
The applicant is requesting a variance from their property's 30 -foot required front yard setbacks,
10 foot rear yard setback, 25 percent lot coverage limit, and one driveway per residential parcel
restriction in order to build a defaebed garage to house a 1969 Mack Firetruck. The proposed 700
square foot garage would maintain the home's current nonconforming 20 -foot west front yard
setback, -would enefe-Reh 4.3 fi0et inte the southem ff-ent yafd setbaek 46fn the alley r-iot efw&y,
would encroach five feet into the property's rear yard setback, would require a second driveway
access, and would increase the property's lot coverage from its current nonconforming 28.3
percent to 3-7-4 34 percent; however only 30.9 percent of the lot cover would be impervious
surfaces. The applicant is proposing the use of geogrid pavers for the driveway and the
installation of a rain garden to help mitigate the increased lot coverage. They have also
switched to an attached garage configuration and have requested that the city vacate the
alley to south to remove the southern setback variance and further reduce the required lot
coverage variance. Due to the firetruck's size, they can
LOCATION: 7721 Erie Ave
(PID 250500210)
OWNER: Rick & Elizabeth Nustad
7721 Erie Avenue
Chanhassen, MN 55317
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 2 of 10
PRESENT ZONING: RSF
2030 LAND USE PLAN: Residential Low Density
ACREAGE: .19 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAIGNG:
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.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUNIMARY
The homeowners' own a 1969 Mack Firetruck which they
use for parades in this and surrounding communities. They
are currently storing the firetruck off site at an outdoor
storage facility; however, they would like to store it
indoors and restore it. Due to the size of the firetruck, their
existing 18.7 foot by 22.5 -foot garage cannot
accommodate it, and they would need to construct a 20
foot by 35 -foot garage and second driveway to facilitate
on site storage. They are proposing the smallest possible
structure that will accommodate the fire truck. The
applicant has stated that they intend pursue the
vacation of the southern alleyway, use geogrid for the
second driveway, and install a rain garden to ninimize
the impact that garage will have upon the property's
stormwater management.
The aDt)licant has noted that their lot was Dlated before
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current zoning requirements were enacted and that it is significantly smaller than the minimum
size required for lots zoned Single Family Residential District. They have stated that the
substandard nature of their lot is the primary reason why they require a variance in order to
construct the proposed accessory structure.
The property owners have expressed their intention to construct a detaebed attached garage that
matches the existing house and fits into the existing character of the neighborhood. They feel that
there are other similarly sized garages in the area, and believe that their neighbors are supportive
of the proposed variance.
APPLICABLE REGULATIONS
Chapter 20, Article 11, Division 3, Variances
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 3 of 10
Chapter 20, Article 11, Division 4, Nonconforming Uses
Chapter 20, Article X11. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter. 20, Affiele KYAH, Pi-Agien i, General!y
Seefien 20 904. Aeaeager-y Stpdetefes-
Chapter 20, Article XYdll, Division 1, Generally
Section 20-908. Yard Regulations
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122. Access and Driveways
BACKGROUND
County records indicate that the home was built in 1959. The city does not have any information
on this property prior to 1979.
On May 28, 1999, the current owner bought the house.
On November 21, 2017, the Planning Contmission tabled the applicant's initial variance
request. They requested the applicant return with a revised proposal that reduced the
amount of impervious surface associated with the proposal.
SITE CONDITIONS
The property and surrounding neighborhood
is zoned Single -Family Residential (RSF).
This zoning district requires lots to be a
minimum of 15,000 square feet, have front
yard setbacks of 30 feet, rear yard setbacks
of 30 feet, side yard setbacks of 10 feet, and
limits lot coverage to a maximum of 25
percent of lot area. Residential structures are
limited to 35 feet in height. Accessory
structures are limited to 20 feet in height,
may not occupy more than 30 percent of the
area of a rear yard, may not exceed 1,000
square feet, and must be located within the
buildable lot area or meet stipulated
accessory structure setbacks.
The lot is an 8,529 square foot lot that currently has 2,417 square feet of impervious surface
resulting in 28.3 percent lot coverage. The lot technically has 3 front yard setbacks due to a
plated alleyway to the south, even though the alley is not physically present. The existing house
is setback 20 feet from the western front lot line and the existing attached garage is setback 25.1
feet from the western front lot line. The house and attached garage are substantially in
compliance with all other setbacks. There is also an existing shed which is setback
approximately six feet from the rear property line and approximately 17 feet from the southern
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 4 of 10
front property line. The location of the house, attached garage, shed, and site's lot coverage are
considered nonconforming uses.
The applicant has requested that the City vacate the alleyway to the south. Vacating a
portion of the alley will allow the proposed structure to meet the 30 -foot south front
setback, and add 481 square feet to the lot's area.
NEIGHBORHOOD
St. Hubertus/City lots of Chanhassen
The plat for this area was recorded in
October of 1887. Residential lots in
this neighborhood vary between .16
and .39 acres. The larger lots are the
results of lots being split and merged
to adjoining properties after the
original plat was filed. The lots
retaining their original dimensions
appear to average around .20 acres. Due to the predominately small lot sizes and age of the
structures, detached garages are common, and many properties in the neighborhood do not meet
the required setbacks and exceed 25 percent lot coverage.
Variances within 500.feet:
1979-13 201 Chan View: Approved- five-foot side and 25 -foot rear yard setbacks (detached
garage)
1980-05 203 V2Chan View: Approved- five-foot side and 20 -foot rear yard setbacks (detached
garage)
1983-13 222 Chan View: Approved- seven -foot side yard setback (attached garage)
1985-06 7725 Frontier Trail: See 1988-10
1986-05 202 W 77 Ih Street: Approved- two -foot side yard setback (detached garage)
1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert I car garage to 2
car garage)
1999-06 226 Chan View: Approved- 18 -foot front yard setback (addition) and 10 -foot front yard
setback (detached garage)
2001-01220 W 781h Street: Approved- 21.5 -foot front yard setback (addition)
2004-39 222 W 781h Street: Approved- 26.2 -foot front yard setback to intensify existing non-
conformity (front canopy with supports)
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 5 of 10
2017-21 204 W 78" Street: Approved- 3 -foot front setback, 1.5 percent lot coverage (home)
A N A 1, VS IS
West Front Yard Setback
The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due
to structures being located excessively close to the road, to ensure the presence of greenspace, and
to provide sufficient driveway length to accommodate off street parking. The existing house has a
20 -foot setback from Erie Ave and its attached garage has a 25 -foot setback. The proposed detaeked
garage would have a 20 -foot setback from Erie Ave. Since the garage needs to be 35 feet deep to
accommodate the fire truck and the lot is only sixty feet deep it would be impossible design a
garage that could store the fire truck while meeting the required front yard setback.
Many of the lots in the St. Hubertus subdivision do not meet the city's minimum RSF lot
dimensions of 90 feet of frontage and 125 feet of depth. Of the 47 properties within 500 feet of 7721
Erie Avenue, 3 4 have applied for and received variances from the required front yard setbacks.
Rear Yard Setback
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Since the lot is bordered on three sides by streets and/or public right of way, its rear yard is subject
to a I 0 -foot setback rather than the standard 30 -foot rear yard setback. The proposed detaebed
garage would be setback five feet from the rear lot line. An existing 97 square -foot shed is setback
approximately six feet from the rear lot line, which the applicant plans to remove as part of this
Planning Commission 6
7721 Erie Avenue Variance - Planning Case 2017-20
January 16, 2018
Page 6 of 10
project. Due to the size of the firetruck and narrowness of the lot, it is not possible to construct a
garage that could accommodate the firetruck within the required setbacks.
The city requires rear yard setbacks and limits the percent of the rear yard which can be occupied by
an accessory structure in order to ensure a minimum amount of greenspace and balance the interests
of the property owner with that of their neighbors. In this instance, the orientation of the
neighboring houses means that the proposed location of the detaehe garage would not be expected
to negatively impact the adjacent properties.
Many properties in this neighborhood have been unable construct accessory structures that meet the
required setbacks. Of the 47 properties within 500 feet, five have been granted side and/or rear
setback variances for the construction or expansion of garages.
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No? L
ALLEY
60.12
Impervious Su��ce
The city limits the amount of lot cover which can be installed on a
property in order to prevent stormwater issues and negative impacts
to the surrounding properties caused by increased volumes and
rates of runoff during rain events. The city's engineering staff has
noted that this area of the city does not meet current stonriwater
treatment standards and that it has a history of street flooding. They
have stated that allowing the property to further increase its lot
coverage will increase stormwater runoff in an under -treated
neighborhood that has known flooding.
The proposed plan would increase the property's lot coverage to
-3-7-.4 34 percent by adding an additional 7-7-3 700 square feet of
impervious surface, 280 square feet of pervious pavers. The
property currently exceeds the RSF district's limit of 25 percent lot
coverage by 285 square feet, 3.3 percent. The applieant is
9 r-emeve a 97 squafe feet shed and 110 sqttafe feet e&-
patte to r-eduee th-e aam.—Runt of iffaee en the pr-epei4y;
hewever-, eeffi"L4ing the at4aehed gafage will eause the pf:epeft�-
te exeeed its let-eever-age of 2,132 squar-e feet by 1,059 squafe fe�. The appheant's
proposal would increase the property's lot area by 481 square feet, remove a 97 square foot
shed, and remove 234 square feet of patio; however, constructing the garage will increase the
property's impervious surface coverage to 30.9 percent, a 2.6 percent increase. The proposal
also includes a 280 square foot pervious paver driveway which results in a total lot coverage of
34 percent, including both pervious and impervious surfaces.
The applicant is proposing installing an 8 -foot diameter rain garden in the southeast corner of
the property in order to help mitigate the increased impervious surface.
The applicant has noted that their 8,529 square foot lot is significantly smaller than the 15,000
square feet required in the RSF district, and that applying the 25 percent lot coverage standard to
such a small lot significantly restricts their ability to improve the property. While this is true, the
property currently has a single family home, a two -car garage, and a patio with 28.3 percent allowed
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 7 of 10
lot coverage due to its nonconforming use status. These features constitute reasonable use for a
property zoned single family residential. Fu#hemer-e, the eity's hioest density Maehed single -
r'^^
family residential distfiet, RLM, whieh aHews for- similar4y sized 100, 9, Sqde&e feet
Only peffnits 3 5 PeFeent lot eevefage. :fbe pr-eposed PFOj eet, S lot eever-age eyweeds eN,ea this
dwesheld emd the St. HubeWas subdiAsion has none of the land dedieations or- steffflwatff
iafi:astmek*e designed to effiiet the inemmed ametmt ef lot eever-age pemiRed in Rd6M.
Second Driveway Access
The city limits residential properties to a
single driveway access in order to
prevent a high density of driveway
accesses along roads serving residential
districts and the 2030 Comprehensive
1- lan espouses a mnihinun spaung of
least 40 feet between driveways. These limits exist to prevent possible public safety and traffic
issues that can emerge from a high concentration of closely spaced driveways, and also from
aesthetic considerations involving insuring adequate greenspace and providing for an appealing
viewscape in residential neighborhoods. A final reason for the existence of the one driveway
ordinance is that it deters individuals firom using large detached accessory structures to house home
occupations in violation of city ordinances.
The applicant's proposed use of the detoehed garage is not anticipated to create public safety or
traffic issues, and the storage of the firetruck within the garage would preclude its being used to
house a business; however, the requested variance would allow for that structure and its driveway to
exist in perpetuity. Permitting a second driveway access to an oversized detaebed garage addition
could lead to future issues with businesses being run from the garage, and establishes a precedent of
allowing multiple driveways to provide access to detaehW effectively separate garages. A visual
survey of aerial photos found two properties in the St. Hubertus subdivision with a nonconforming
second driveway access.
The applicant has stated that due to the size and turning radius of the firetruck and
tightness of the proposed garage is not possible to maneuver the firetruck into the proposed
garage via the existing driveway access. Staff believes it is possible to provide oeeess to
pr-epeSed ge&age Via the e*j9tjjjg dr-jNleWay Whieh WOUld Feffl8W thO HeOd fOF ft Seeend dr-ivewa�-
aeeess ve&iemee.
Impact on Neighborhood
St. Hubertus is one of the oldest subdivions in the city and aerial photos show that many, if not
most, of the properties in the neighborhood do not conform to current setback or hardcover
standards. Staff is aware of eigM nine separate variances being granted to properties within 500 feet
of the applicants, and six of those where for the construction of garages; however, the garages
variances were granted to properties that either did not have existing garages or which wished to
expand single stall garages to two stall garages.
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 8 of 10
Detached garages within the St. Hubertus subdivision tend to be located in the rear yard, and staff
could find only one example of a similarly sized and situated detae-hed garage. Staff also found two
single stall garages positioned roughly parallel to the principle structures front yard setback, and two
properties where the principle structure is setback behind the detached garage.
*Aile the distanee of the proposed ge&age fi;eFA the stivet would not be atypieal of the afea lier-
would the pfesenee ef a deteehed gafage, stag raould enly find two ether- pr-epel4ies -Y�'ith both an
attaehed and detaehed gafage. in beth eases, the gafages wer-e sefved by a single drivewayr. The
garage's proposed distance from the street is not atypical for the area; however, the size and
orientation of the garage is. The single instance of a similarly sized and situated garage is a
standalone garage without an associated home. This is a non -conforming use in a residential
district.
If the garage was designed and constructed in the manner proposed by the applicant its appearance
would not be out of character for the neighborhood; however, the presence of multiple garages and
driveway accesses is not typical for the area.
St. Hubertus Planimettic (Revised)
Note: Darker red is existing buildings, lighter red is existing driveway, darker blue is proposed
garage, lighter blue is proposed driveway, and red X is the shed to be removed.
SUMMARY
The applicant wishes to construct a detoebed-garage which would be located within multiple
required yard setbacks, requires a second driveway access, and would increase the property's
Planning Commission
7721 Erie Avenue Variance – Planning Case 2017-20
January 16, 2018
Page 9 of 10
--.—S stiffeee lot coverage beyond what is permitted in its zoning district. The purpose of
the garage would be to house an antique firetruck. The small size of the applicants' lot severely
restricts their ability to improve the property.
The applicant currently has reasonable use of the property and many lots zoned for single-family
detached homes cannot accommodate the storage of large pieces of equipment. Staff is
concerned that granting this variance will establish the precedent that needing storage
space for large vehicles (recreation vehicles, boats, etc.) justifies exceeding lot coverage
limits and required setbacks. Even with the use of pervious pavers, the proposed project will
increase the property's impervious surface and stormwater runoff in a neighborhood with a
history of street flooding and allowing a second driveway access would be inconsistent with
what is already present within the neighborhood.
Staff recognizes that the applicant has taken multiple steps to reduce the impact of the
proposed variance. They are pursuing the vacation of the alley to the south, instatling a
rain garden, and have switched to an attached configuration and permeable paver
driveway to lower the amount of impervious surface required.
RECOMMENDATION
Staff recommends that the Planning Commission deny the request for a I O -foot west front yard
setback, a 4.3 feet south &ent yar-d setbaek, a five-foot rear yard setback, a 4,14 9 percent lot
coverage, and a second driveway access variance for the construction of a detached garage, and
adopts the attached finding of Facts and Decisions."
If the Planning Commission determines that the applicant's revised proposal sufficiently
addresses the concerns raised during the November 21, 2017 meeting, staff recommends
that the Planning Commission approve the variance request for a 10 -feet west front yard
setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second driveway access
variance for the construction of a garage addition, subject to the conditions of approval
and adopts the attached finding of Facts and Decisions:
1. The applicant must apply for and receive a building permit.
2. Garage must be architecturatly compatible with existing house and match color.
3. Vacation of southern alley must be completed before the building permit
application is submitted.
4. The second driveway shal] be constructed using a pervious paver/geogrid
system, the design of which shall be approved by the Water Resources
Coordinator. The system must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast
corner of the property, the design and installation of which shall be approved by
the Water Resources Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more
than 2,786 square feet may be impervious surface.
showd the Plamling C ppr-eve the vananee rvqtiest to eenstfuet a detaebed garage t&-
hease the fir-etfuek, it is r-eeemmended that the planning Cemmission adopt the fellewing metiefl-
and attaebed Finding of Faet and D i i
Planning Commission 0
7721 Erie Avenue Variance — Planning Case 2017-20
January 16, 2018
Page 10 of 10
ATTACHMENTS
I . Finding of Fact and Decision Approval -Revised
2. Finding of Fact and Decision Denial -Revised
3. Variance Document
4. Development Review Application
5. Revised Site Plan
6. Public Hearing Notice Mailing List
7. 171121 Eng Memo
G:\PLAN\2017 Planning Cases\l 7-20 7721 Erie Avenue VAR\Staff Report -7721 Erie Ave—PC—Revised.doc
. ..........
No,
1, lie
rMpai
. ...... .............
. . ..
ATTACHMENTS
I . Finding of Fact and Decision Approval -Revised
2. Finding of Fact and Decision Denial -Revised
3. Variance Document
4. Development Review Application
5. Revised Site Plan
6. Public Hearing Notice Mailing List
7. 171121 Eng Memo
G:\PLAN\2017 Planning Cases\l 7-20 7721 Erie Avenue VAR\Staff Report -7721 Erie Ave—PC—Revised.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
"MI 3,
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setback, I 0 -foot rear yard setback, 2 5 percent lot coverage limit, and one driveway per
residential parcel restriction in order to build a garage on a property zoned Single Family
Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The application was tabled, and the applicant submitted a revised
proposal which went before the Planning Commission, acting as the Board of Appeals and
Adjustments on January 16, 2018. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: It is the intent of the City Code to allow for residential homeowners to be able
to store vehicles and possessions on site, and, in many instances, the City Code requires
these items to be stored indoors. Construction a garage to facilitate the storage of a
vehicle is in harmony with the general purposes and intent of the city's zoning code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Due to the substandard size of the applicant's lot there is no possibility for them
to construct a garage capable of housing the firetruck with the bounds established by the
city's zoning code. The resident's goal of construction a single accessory structure to
facilitate the storing of a collector's vehicle onsite is reasonable.
9
0
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for an expanded garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is a substandard lot plated in 1887.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the oldest neighborhoods in the city and garages which do not
conform to the existing zoning ordinances are fairly common. Allowing the construction
of the proposed garage will not significantly alter the neighborhood's character.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated January 16, 2018 prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a
I 0 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second
driveway access variance for the construction of a garage addition, subject to the conditions of
approval and adopts the attached finding of Facts and Decisions:
I . The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed, before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast comer
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018.
M
CITY OF CHANHASSEN
Chairman
0 CITY OF CHANHASSEN 10
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIED)
IN RE:
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setback, I 0 -foot rear yard setback, 2 5 percent lot coverage limit, and one driveway per
residential parcel restriction in order to build a garage on a property zoned Single Family
Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The application was tabled, and the applicant submitted a revised
proposal which went before the Planning Commission, acting as the Board of Appeals and
Adjustments on January 16, 2018. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF)
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findino — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The city regulates lot coverage in order to manage stormwater runoff.
Allowing a property zoned for 25 percent impervious surface coverage to add an
additional 9 percent lot coverage is not in harmony with the code's intent in limiting
residential lot coverage.
It is the city's intent in limiting residential properties to a single driveway access to
prevent the creation of property configurations that encourage the proliferation of illegal
home occupations. Permitting a large structure with an independent driveway access to
be constructed in a single-family residential district is contrary to that intent.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical, pifficulties include, but are not limited toltadequate access to direct
sunlight for solar energy systems.
Finding: The parcel has detached single family home, two -car garage, and patio which
allows for reasonable use of a property zoned for residential single-family use. The
inability of the parcel to accommodate the storage of a large collector's vehicle is not a
practical difficulty.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for the garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The applicant purchased the firetruck subsequent to their purchase of the home.
The need for a large accessory storage building on the lot is the result of their purchasing
the firetruck.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Permitting the construction of a second garage served by a second driveway
access would not be in character with the surrounding neighborhood.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated January 16, 2018, prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments denies a 10 foot west front yard
setback, a 5 foot rear yard setback, a 9 percent lot coverage, and a second driveway access
variance for the construction of a detached garage, and adopts the attached finding of Facts and
Decisions."
ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018.
CITY OF CHANHASSEN
mm
Chain-nan
2
0 0
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2017-20
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves the variance request
for a 10 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot
coverage, and second driveway access variance.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 12, Block 2, City Lots of Chanhassen.
3. Conditions. The variance approval is subject to the following conditions:
I . The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed, before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast comer
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
9
0
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
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: January 16th, 2018
III=
(SEAL)
F.11"I
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER
CITY OF CHANHASSEN
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this — day of
2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
2
NOTARY PUBLIC
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard LT
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1300 / Fax: (952) 227-1110 * MY OF CWTZMER
APPLICATION FOR DEVELOPMENT REVIEW
_L0 -7 PC D
Submittal Date: rc Date: 60 -Day ReAew Date.
(Refer to the appropewe Appricabon CheWist for roquired submittal intbrmabon that must accompany thIs application)
Notification Sign (City to install and remove) . .................................................................................................................. I:: �2O 0
Property Owners' List within 500' (City to generate after pre-appircation meeting) ............. $3 perdtlrM
I
...................................
CJ Escrow for Recording Documents (check all that q10 addresses)
Conditional Use Permit ply) ................... �$5 �O� d\do
Vacation Interim Use Per'r ... it*-** ................. 'S' ... ite'PIa*n Agreement
Variance Weband A
�teration Permit
El Metes & Bounds Subdivision (3 docs.) Easements( easements) 4 cep
TOTAL FEE:
DescfiptionofF"Toposal: _BQA1A 0xW0,5e-_F0
Prop" Address or Location: I I
6)_j Lrie,
Parcel Legal Description:
Total Acreage: Wetlands Present?
Present Zoning: Select One
Present Land Use Designation: Select One
Existing Use of Property:
El Check box is separate narrative is attached,
El Yes El No
Requested Zoning: Select One
Requested Land Use Designation: Select One
4 .,;v
comprehensive Plan Amendment .........................
EJ Minor
$600
El
Subdivision (SUB)
MUSA line for failing on-site sewers .....
$100
0 Create 3 lots or less ........................................ $300
El
Conditional Use Permit (CUP)
E3 Create over 3 lots ....................... $600 + $15 per lot
Single -Family Residence ..............................
ED All Others
. $325
El Metes & Bounds (2 ( lots) .... lots) ....................... $300
........ ................................................
$425
consolidate Lots .............................................. $150
El
Interim Use Permit (IUP)
Lot Line AdjustmeM ......................................... $150
El In conjuncbon with Single -Family Residence..
$325
Final Plat .......................................................... $700
El All Others .........................................................
$425
(Includes $450 escrow for attorney costs)*
*Additional
escrow may be required for other applicationa
Rezoning (REZI
thirough the development contract.
El Planned U�rt Development (PUD) ..................
El Minor
$750
El
VacalJon of Easements/Right-of-way (VAC) ........ $300
Amendment to existing PUD .................
C1 All Others
$1oo
(Additional recording fees may apply) —
El
.........................................................
Sign Plan
$500
Variance (VAR) ....................................... , ...... *_I, L$2N
Review ...................................................
$150
D
Site
E]
Welland Alteration Permilt (WAP)
Plan Review (SPR)
ED Administrative
[1 Single -Family Residence ............................... $150
..................................................
El Commercialilindustrial Districts* . ..................
$100
$500
El All Others ................ ...................................... $275
Plus $10 per 1,000 square feet of building area:
Zoning Appeal... � .. ..... ....... ........ .................... ..$j 00
thousand square feet)
*lnrJude
El
Zoning
number of ex employees:
ordinance Amendment (ZOA) ................. $50o
*Include number of aft employees:
Residential
Districts .........................................
$500
NM: When multiple applications are processed concurrently.
Plus $5 per dwelling unit ( units)
tht appropr1laft fee shall be ch&rW for each applicaltion.
Notification Sign (City to install and remove) . .................................................................................................................. I:: �2O 0
Property Owners' List within 500' (City to generate after pre-appircation meeting) ............. $3 perdtlrM
I
...................................
CJ Escrow for Recording Documents (check all that q10 addresses)
Conditional Use Permit ply) ................... �$5 �O� d\do
Vacation Interim Use Per'r ... it*-** ................. 'S' ... ite'PIa*n Agreement
Variance Weband A
�teration Permit
El Metes & Bounds Subdivision (3 docs.) Easements( easements) 4 cep
TOTAL FEE:
DescfiptionofF"Toposal: _BQA1A 0xW0,5e-_F0
Prop" Address or Location: I I
6)_j Lrie,
Parcel Legal Description:
Total Acreage: Wetlands Present?
Present Zoning: Select One
Present Land Use Designation: Select One
Existing Use of Property:
El Check box is separate narrative is attached,
El Yes El No
Requested Zoning: Select One
Requested Land Use Designation: Select One
4 .,;v
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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. 1 *11 keep myself informed of the deadlines for submission of material and the progress of this application. I
furt,her 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. I certify that the information arid exhibits submitted are true and correct.
Name: Contact:
Address: Phone�
City/State/Zip: Cell:
Email Fax:
Signature� Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I vAll 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. I certify that the information and exhibits submitted are true and correct
Name: k Contact:
Address= a if E N i Ore. Phone:
City/State/Zio: C 9
A -In ry\ n !C� Cell:
Email: r_r'LK% ccoe\ Fax:
Signature: Date. -
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before fiting this application, refer to the appropriate Application Checklist
and confer YAth the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A detennination 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,
PKQJECT ENGINEER (if applicable)
Property Owner Via: El Email
Name:
Contact:
Applicant Via: Email
Engineer
Mailed Paper Copy Address:
Address:
Phone:
City/State/Zip:
Cell:
Email:
Fax:
Section 4: Notification Information
Who should receive copies of stgff reports? *Other Contact Information:
0
Property Owner Via: El Email
[I Mailed Paper Copy Name:
El
[]
Applicant Via: Email
Engineer
Mailed Paper Copy Address:
El
Via: Email
Other'
Mailed Paper Copy CityiState/Zip:
Via: El Email
El Mailed Paper Copy Email: —
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and delkw to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required). I SAVE FORM I I PFUNT FORM __1 L!U—BMrT FORM
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6-A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13. our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6-C. purpose for variance for garage is to house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.1). We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure.
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debris,junk,parts,etc . the outside will be clean and
well kept and landscaped.
0
SEPTEMBER 13,2017
11
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK. WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE,
MOUND AND WE WERE IN THE 2015 47' OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO
FOR A VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MYCURRENTJOBAS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST -LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT.
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
OF� I�NHAS�,E,
r� E C-` E
tj
. % -
LEGAL DESCRIPTION:
IA3t 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota-
ICOPE OF WORK&LI]MITATIONS:
I . Showing the length and dinection of boundary lines of the legal description listed
above. The scope of our smices does not include determining what you own,
which is a legal matter. Please check the legal description with yew records or
consul[ with Competent legal counsal, if necessary, to make sure that it is correct and
that any matters of record, such &a casements, that you wish to be included on the
survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
survey.
3. Setting survey markers or verifying existing survey markers to establish the comers
of the property.
4. Fxisting building dimensions and setbacks measitred to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for )our review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they arc correctly shown before proceeding with construction.
6. Showing ellmatiom on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. 'Me elevations shown relate only
to the benchmark provided on this survey, Use that benchmaA and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we are not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed
location of the improvements carefistly to verify that they match yo-ir plans b--forc
construction begins. Also, we are not as familiar with local codes and mmimurn
requirements as the local building and zoning officials in this community are, Be
sure to show this survey to said officials, or any other officials ,hat may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the prop".
& This survey has been completed without the benefit of z. current title commitment.
There may be existing casements or other encumbrances that would be revealed by a
current title cormanitment. Therefore, this survey does not purport to show any
casements or encumbrances other than the ones &hewn hereon.
STANDARD SYMBOLS & CONVENTIONS:
"*" Denotes iron survey marker, set. unless otherwise noted.
PROPOSED KARDCOVER
HOUSE
1,528 80. FT.
PROPOSED GARAGE
700 80. FT
EXISTING DRIVEWAY
314 Sa. FT
PROPOSED DRIVEWAY
280 SO. FT.
COMC. WALK/APRONIPATIO
398 $0. FT.
TOTAL PROPOSED HAADCOVER
3,190 SO. FT,
AREA OF LOT
8,529 SO. FT.
LOT COVERAGE
37.4%
EXISTING HARDCOVER
HOUSE 1,528 SO. FT
SHED 97 SO. FT
DRIVEWAY 314 SO ' FT
CONC. 1VALK/APRONJPAT1O 478 SO. Fr
TOTAL EXISTING KAADC-OVER 2,417 SO. FT
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 28.3%
BENCH
SOUTH ff'10"F
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— 'N,�9'25'03" &
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.964
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CMNMASSFW, AIF N
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SWEETSIZE
NUMBER
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DW
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DATE OK�11!V. OCTOBER I I
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#43303 OCTO 2017
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LEGAL DESCRIPTION:
Lot 12, Block 2, City Lots ofChanhossen, Carver County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
I - Showing the length and direction of boundary lines of the legal description listed
above. The scope of our services does not include determining what you own,
which is a legal matter. Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record. such as casements, that you wish to be Included on the
survey have been shown.
2. Showine the location or observed existing improvements we decm necessary for the
survey.
3. Setting survey markim; or verifying existing survey maricers; to establish the comen
of the property.
4. Existing building dimensions and setbacks measured to outside ofoiding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verit)r they are correctly shown before proceeding witli construction.
6, Showing elevations on the site at selected locations to give some indication of the
topography or the site. We have also provided 3 benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other Ifeature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. This survey has been completed without the benefit of a cwTcm title conum . Intent
There may be existing casements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVEN71ONS:
"0" Denotes imn survey marker, set, unless otherwise noted.
11MCHMARK
SOUTH RIM OF
.ANIHOLE ELEV-965.7
lei, - 7 ,
EXISTING HARDCOVER
HOUSE 1,528 SO. FT.
SHED 97 SO, FT.
DRIVEWAY 314 SO. FT.
OONC. WALK/APRONIPATIO 478 SO, FT.
TOTAL EXISTING HARDCOVER 2,417 SO. VT.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 28.3%
Cff," VIE#'
A I I
Advance
&"Vy*1# a fV&WW*'A C..
I RICHARD NUSTAD
772J 9RIE AVE.
('H.,LV11ASSNA', AIN
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FX1.';rI'VGSURV9y
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MOMM NO VAI I M A DAY Mtsaaafa LWO
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OCT
_JA'.9R 11, 2017
S -FLET NO,
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41
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LEGAL DESCRIPTION:
Tot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota.
PROPOSED LEGAL DESCRIPTION AFTER ALLEY VACATION:
Lot 12 and the North half of the vacated alley, Block 2, City Lots of Chanhassen, Carver County
Minnesota.
SCOPE OF WORK & LIMITATIONS:
I Showing the length and direction of boundary lines of the legal description listed above. The scope
of our services does not include determining what you own, which is a legal matter. Please check
the legal description with your records or consult with competent legal counsel, if necessary, to
make sure that it is correct and that any matters of record, such as easements, that you wish to be
included on the survey have been shown.
I Showing the location of observed existing improvements we deem necessary for the survey.
3. Setting survey markers or verifying existing survey markers to establish the comers of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and for the review
of such governmental agencies that may have jurisdiction over these requirements to verify they are
correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the topography of
the site. We have also provided a benchmark for your use in detennining elevations for
construction on this site. The elevations shown relate only to the benchmark provided on this
survey. Use that benchmark and check at least one other feature shown on the survey when
determining other elevations for use on this site or before beginning construction.
7. While we show a proposed location for this garage, we are not as familiar with your proposed plans
as you, your architect, or the builder are. Review our proposed location of the 'Improvements
carefully to verify that they match your plans before construction begins. Also, we are not as
familiar with local codes and minimum requirements as the local building and zoning officials in
this community are. Be sure to show this survey to said officials, or any other officials that may
have jurisdiction over the proposed improvements and obtain their approvals before beginning
construction or planning improvements to the property.
8. This survey has been completed without the benefit of a current title commitment. There may be
existing easements or other encumbrances that would be revealed by a current title commitment.
Therefore, this survey does not purport to show any easements or encumbrances other than the ones
shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
1. 0" Denotes iron survey marker, set, unless otherwise noted.
AMr �(' P44,Vr rr,'YW RdQr
rVW af CdAROr
A2411' A=ar --,\ 2UWfaW AAW �P� 0MWZ0F,
ARVZM I
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FAMM Sd" (DO "r cmWer
"Ov
PROPOSED LOT COVERAGE
EX. HOUSE 1,528 SO. FT.
EX. CONC. DRIVEWAY 314 SO. FT.
EX. WALK/APRON/PATIO 244 SO. FT.
TOTAL EXISTING IMPERVIOUS 2,086 SO. FT.
PROPOSED GARAGE 700 SO. FT.
TOTAL IMPERVIOUS 2,786 SQ. FT.
AREA OF LOT (W/ ALLEY) 9,010 SQ. FT.
IMPERVIOUS LOT COVERAGE 30.9%
BENCHMARK:
SOUTH RIM OF
MANHOLE ELEV.=965.7
966.5
T_
CHAY VZF#r
_06
'N 89*25'03"
-,60.00 FOUND IRON
-6�
965.8 963.51 1\
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20.7 966.9
26.6 < 964.1
1�101
(D
Ckl- -ENTRANCE
F-LEV.-9691
966.3
963.9
Z
0
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C� DWELLING
0
0
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0 0
9 6 �7.1 CO
25. GARAGE FLOOR
ELEV.-967.6
33
---------- ---------------
Ph000§EZ�'*
TO BE PERVIOUS ----------- 6RIV6iAY
r
DRIVEWAY PAVERS
967.0
EXISTING IMPERVIOUS
LOT COVERAGE
HOUSE
1,528
SQ.
FT.
SHED
97
SQ.
FT.
DRIVEWAY
314
SO.
FT.
CONC. WALK/APRON/PATIO
478
SQ.
FT.
TOTAL EXISTING IMPERVIOUS 2,417 SQ. FT.
AREA OF LOT 8,529 SQ. FT.
(PROP. PERVIOUS PAVER DRIVE 280 SO. FT.)l LOT COVERAGE 28.3%
966.4:
967.4
22.5 _�2.4
X 964.7
EXISTING
DWELLING
I-
2.10 TRA DE -p
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964.6' 7
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06 SHED
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4 --PROPOSED 8 FT DIA.
RAIN GARDEN
ho
JP bb
965 W
-4
rFOUND IRON
0 60.09 C�
o6 S 8 9'2 9'51 V 00
A 1 1
60-12
SHED
FOUND IRON
PROPOSED ALLEY VACATION
Advance
nglneenng
SurveyIng 8 E , Co.
17917 Highway No. 7
Minnetonka. Minnesota 55345
Phone (952) 474-7964
Web: www.advsur.com
CLIENT/JOB ADDRESS
RICHARD NUSTAD
7721 ERIE AVE.
CHANHASSEN, MN
SHEET TITLE
PROPOSED SLTRVEY
SHEET SIZE: 11 X 17
DRAWING NUMBER
171066 IVP PROPOSED
DATE SURVEYED: SEPTBEMBER , 2017
DATE DRAFTED: OCTOBER 11, 2017
DATE REVISION DESCRIPTION
12/14/17 CHANGES PER CLIENT REVIEW
12/14/17 CIHANGES H.C. AND GARAGE
12/18/17 TO SHOW PROPOSED LEGAL DESC.
I HEREBY CER71FY THAT THIS PLAN, SURWY OR REPORT
WAS PREPARED BY WE OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY REGISTERED LAND ]
stiRA'foR L*W THE LAWS OF THE STATE OF
MINNESOTA.
#43503 OCTOBER 11, 2017
LICENSE NO. DATE
DRAWING ORIENTATION & SCALE
IV 201
MWSP60n
ISHEET NO,
P 1
0 SHEET 1 OF I
0 9
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
November 9, 2017 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 request for
second driveway access, hardcover, front yard setback, and rear setback for a garage
addition on property zoned Single Family Residential (RSn and located at 7721 Erie
Avenue 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 ftilly prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this_�_dayof 2017.
`�� "-,, �m
0 N4�y Public
Kim I. MeD�issen, Depkc—lerk
'N ANN POTT"
lk 0 lic_m
tary Pub inn
m= y c'. ev. 'jn 13Z
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the_pq9j1qa
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for second driveway access, hardcover, front yard
setback, and rear setback for a garage addition.
Applicant:
Rick & Elizabeth Nustad
Property
7721 Erie Avenue
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
What Happens
public hearing through the following steps:
1 ' Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-20. If you wish to talk to
someone about this project, please contact MacKenzie
Questions &
Walters by email at mwalters(a)ci.chanhassen.mn.us or by
Comments:
phone at 952-227-1132. If you choose to submit wrifter,
Comments:
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
I
prior to the Planning Commission meeting.
NEW1 Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions, Planned Unit Developments, Site Pan Reviews, Conditional and Interim Uses. Welland Afteraficins, Razorrings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City
ordinances require all property within 5W feet of the subject site to be notified of the application in wnting Any interested party is
invited to attend the meelling
Staff prepares a report on the subject application that includes all partient information and a recommendation These reraorls are
available by request At the Manning Commission meeting. staff will 9" 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 proce". The Commission will dose 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 recommenclation Rezonings, land use and code amendments take a simple majority
vole of the City Council except rezonings and land use amendments from residential to commerdaiAndustnal
• Mirri State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard
Some appiiciations 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 arid scheduling for the City Council meeung
• A neighborhood spokespersondrepiresentative is encouraged topromde a contact for the city Often developers are encouraged to
rn" with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s)
• Becau" the Planning Commission holds the public hearing. the City Council does not. Minutes are taken and any ocirrW4)ondence
regarding the applicaton will be included in the report to the City Counal If you wish to have 5ornething to be included in the report.
please contact the Planning Staff person named on the notificalion.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for second driveway access, hardcover, front yard
setback, and rear setback for a garage addition.
Applicant:
Rick & Elizabeth Nustad
Property
7721 Erie Avenue
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
What Happens
public hearing through the following steps:
1 . Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the roject.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-20. If you wish to talk to
someone about this project, please contact MacKenzie
Questions &
Walters by email at mwaltersQci.chanhassen.mn.us or by
Comments:
phone at 952-227-1132. If you choose to submit written
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
I
prior to the Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions. Planned Unit Developments, Site Ran Reviews, Conditional and Interim Uses, Welland Alterations. Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. Qty
ordinances require all property within 500 feet of the subject site to be nobfied of the application in wribrig. Any interested party is
invited to attend the meeting
Staff prepares a report on the subject application that,ricludes all perlinent 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 pubilC to speak about the proposal as a part of the hearing process The Commission will dose the
public heanng 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 majonty
vote of the City Council except rezorvnp and land use amendments from residential to cornmercialAndustnal
Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting
A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers are encouraged to
meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested person(s)
Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report,
lease contact the Planmrig Staff person named on the notification.
TA)LNAME
TAX ADD Ll
TAX_ADD_L2
TAX ADD L3
ADELINE R KAHL
203 77TH ST W
CHANHASSEN
MN SS317-9711
ALEC K NORD
AMY LOUISE DIEDRICH
204 77TH ST W
221 77TH ST W
CHANHASSEN
CHANHASSEN
MN SS317-9702
MN 55317-9711
ANDREW J RUSSELL
224 78TH ST W
CHANHASSEN
MN 55317-9755
ARUN SUBBIAH
2210 MIDLAND GROVE RD # 103
ROSEVILLE
MN SS113-3835
BARBARA PIKE
201 CHAN VIEW
CHANHASSEN
MN 55317-9701
BRIAN P & COLLEEN S NUSTAD
BRIANNA A BACHRACH
CARVER COUNTY CDA
CHAD A MINKEL
PO BOX 8
7706 ERIE AVE
705 WALNUT ST N_
772S FRONTIER TRL
CHANHASSEN
CHANHASSEN
CHASKA
CHANHASSEN
MN SS317-0008
MN S5317-9612
MN 55318-2039
MN S5317-9712
CHAPEL HILL ACADEMY
306 78TH ST W
CHANHASSEN
MN 55317-9734
CHURCH OF ST HUBERT
8201 MAIN ST
CHANHASSEN
MN 5S317-9647
CODY PRIBBLE
CRAIG M LARSON
CURTIS G & NANCY A ROBINSON
226 CHAN VW
200 CHAN VIEW
202 77TH ST W
CHANHASSEN
CHANHASSEN
CHANHASSEN
MN 55317-9613
MN 55317-9707
MN 55317-9702
DAYANIRA ZAMORANO
204 CHANVIEW
CHANHASSEN
MN 55317-9707
DEAN C & JANET M BURDICK
206 CHAN VIEW
CHANHASSEN
MN 55317-9707
DOUGLAS FLETCHER
GREGORY J & KAREN J ODASH
GREGORY L HUBERS
222 77TH ST W
221 CHAN VIEW
224 CHAN VIEW
CHANHASSEN
CHANHASSEN
CHANHASSEN
MN 55317-9799
MN 55317-9750
MN 55317-9613
HAGEN HOMES LLC
IH3 PROPERTY BORROWER LP
JAMES & KELLEY A DEGROSS
850 FLYING CLOUD DR
1717 MAIN ST STE 2000
3911 MEADOWVIEW LN
CHASKA
ELKO
MN 55318-9503
TX 75201-4657
MN S5020-9538
JAMES M SCHUTROP
222 78TH ST W
CHANHASSEN
MN 55317-9755
JEANNE M BURKE REV TRUST U/A
225 77TH ST W
CHANHASSEN
MN 55317-9709
JEFFREY W & MARY L BORNS
7199 FRONTIER TRL
CHANHASSEN
MN 55317-9605
JOHN E & KAREN M KRAEMER
JOHN W & PAULA J ATKINS
7703 ERIE AVE
220 78TH ST W
CHANHASSEN
CHANHASSEN
MN 55317-9612
MN 55317-9755
JOSH D & JULIE N PICKARD
204 78TH ST W
CHANHASSEN
MN 55317-9755
JOSHUA H PAINE
7701 ERIE AVE
CHANHASSEN
MN 55317 -
LARRY A & KATHLEEN A SCHROEDER
MADELINE A HILL
7720 FRONTIER TRL
206 78TH ST W
CHANHASSEN
CHANHASSEN
MN 55317-9753
MN 55317-9713
MARY E JANSEN ETAL
7720 ERIE AVE
ICHANHASSEN
MN 55317-9713
0
MATTHEW FAUST
7723 FRONTIER TRL
CHANHASSEN
IVIN 55317-9712
MORGAN ASHLEY DVORAK
203 CHAN VIEW
CHANHASSEN
MN 55317-9701
NICHOLA S & PATRICIA PEKAREK
PAUL F & RITA M ROJINA
202 CHAN VIEW
220 77TH ST W
CHANHASSEN
CHANHASSEN
MN 55317-9707
IVIN 55317-9799
RICHARD & KATHY GAVERT
RICHARD A & ELIZABETH M NUSTAD
ROBERT & JOANNE R MEUWISSEN
7701 FRONTIER TRL
7721 ERIE AVE
201 77TH ST W
CHANHASSEN
CHANHASSEN
CHANHASSEN
MN 55317-9712
MN S5317-9713
MN 55317-9711
RONALD & ELAINE ROESER
222 CHAN VIEW
7721 FRONTIER TRL
CHANHASSEN
CHANHASSEN
MN 55317-9613
THOMAS A & LYNN M PAULY
MN 55317-9712
TODD W PERTTLI
203 1/2 CHAN VIEW
CHANHASSEN
MN 55317-9701
TONJA ST MARTIN
207 CHAN VIEW
CHANHASSEN
MN 55317-9701
TROY P KIMPTON
205 CHAN VIEW
CHANHASSEN
MN 55317-9701
ITWIN CITIES & WESTERN RAILROAD
292S 12TH ST E
GLENCOE
MN 55336-3368
IVERDELL BORTH
202 79TH ST W
CHANHASSE� I
MN 55317-9755
0
MEMORANDUM
0
0
CITY OF C HANHASSE N
Chanhassen is a Community for Life -Providing forToday and Planning forTomorrow
TO: MacKenzie Walters, Assistant Planner
FROM: Stephanie Smith, Project Engineer
DATE: November 21, 2017
SUBJ: Variance for second driveway access, hardcover and setbacks for a garage addition
for property zoned Single -Family Residential (RSF) and located at 7721 Erie
Avenue
Planning Case: 2017-20
1 have reviewed the above request for a variance and have the following comments:
Second Driveway Access
The 2030 Comprehensive Plan calls out a minimum 40 -foot spacing between driveways. This
standard is in place to improve safety and reduce driveway confusion. The proposed spacing is
approximately four feet between the existing driveway and the proposed driveway. This does not
meet the standard set forth in the Comprehensive Plan. Staff does not recommend approval of the
variance for a second driveway access onto Erie Avenue.
Staff has recommended the applicant tie the proposed driveway into the existing driveway, thereby
only having one driveway access for the property. If the applicant incorporates this recommendation
into their design, a variance for a second driveway access would not be necessary.
Impervious Surface
This area of Chanhassen was platted in 1889. Although some stormwater pipe was constructed in
the area in the 1960's and a stormwater pond was constructed in the 1980's, there is insufficient
treatment of that stormwater by current standards. This neighborhood also has a known history of
street flooding.
This parcel is already 3.3 percent over the maximum 25 percent hardcover allowed. The proposed
garage and driveway would increase this non -conformity 12.4 percent over the allowed maximum
or 37.4 percent in total. Staff does not recommend granting the hardcover variance, as this will
increase stormwater runoff in an under -treated neighborhood that has known flooding.
PH 952.227.1100 - wwdchanhassen.mn.us - FX 952.227. 1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
MacKenzie Walters 0
7721 Erie Avenue Variance Engineering Memo — Planning Case 2017-20
November 21, 2017
Page 2 of 2
If the variance is approved, the applicant shall revise their design to minimize the amount of
hardcover and construct stormwater BMP(s) to treat all runoff created by all impervious surface
over the 25 percent maximum.
Conditions of Approval:
I . Applicant shall submit a scale copy of existing and proposed plans.
2. Applicant shall work with staff to revise their design toward minimizing the amount of
hardcover.
3. Applicant shall construct stormwater BMP(s) to treat all runoff created by all impervious
surface over 25 percent.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Shana N. Conklin
Amy B. Schutt
James J. Mong6, III
Jerome M. Porter
Kurt S. Fischer
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290, Eagan, MN 5512
651-452-5000
Fax 651-234-6237
www.ck-law.com
CAMPBELL KNUTSON
Professional Association
March 5, 2018
Ms. Jean Steckling
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, NIN 55317
Re: Miscellaneous Recordings
Dear Ms. Steckling:
Please find enclosed, for the City's files, the following documents:
Variance 2017-20 for Lotl2, Block 2, City Lots Chanhassen. Said document
was recorded on February 26, 2018 as document number A658706; and
2. Variance 2018-04 for 4, Block 2, Walnut Grove. Said document was recorded
on February 26, 2018 as document number A658705.
Jean, I wasn't sure who to return these documents to because I received them without
a cover letter.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
'::--d
Je: . lson, Legal Assistant
/jrno
Enclosure
1958450
MAR 0 8 2018
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DEP7'.
or"MI
01 Document No. A658706
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -February 26, 2018 133 PM
Feei $46.00
Kaaren Lewis
County Recorder
658706
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2017-20
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves the variance request
for a I 0 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot
coverage, and second driveway access variance.
2. Prope . The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 12, Block 2, City Lots of Chanhassen.
3. Conditions. The variance approval is subject to the following conditions:
I . The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed, before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast comer
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
scw%so
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
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: January 16th, 2018
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER
CITY OF CHANHASSEN
BY: &'LI.
q
Denrly Nufenb4ger, Ma
A
AN-D: C10
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this ( dayof F-eb�uak�-,A ,
2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of ChanhaZsen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
ICNo;JEINP,',�ER ANN POMR
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DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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�OTARY PUBLIC
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
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
LETTER OF TRANSMITTAL
DATE JOB NO,
2/1/18
ATTENTION
Jean 0 Ison
RE:
Document Recording
WE ARE SENDING YOU
DATE
Attached
Under separate cover via the following items'.
[I Shop drawings
2/1/18
Prints
0 Plans El Samples 0 Specifications
F-1 Copy of letter
E]
Change Order
El Pay Request El
COPIES
DATE
NO.
DESCRIPTION
1
2/1/18
2017-
20
Variance to build a garage - Rick & Elizabeth Nustad - Erie Ave.
1
2/1/18
2018-
04
Variance to build a pool - Nick & Jessica Hansgen - 7555 Walnut
Curve
For review and comment
For Recording
FORBIDS DUE
F
PRINTS RETURNED AFTER LOAN TO US
THESE ARE TRANSMITTED as checked below:
•
For approval
7
Approved as submitted 0 Resubmit
•
For your use
F1
Approved as noted El Submit
•
As requested
Returned for corrections Return
For review and comment
For Recording
FORBIDS DUE
F
PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPYTO:
copies for approval
copies for distribution
corrected prints
SIGNED:
J!�� Pottr,(952) 227-1106
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2017-20
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves the variance request
for a I 0 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot
coverage, and second driveway access variance.
2. Prope . The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 12, Block 2, City Lots of Chanhassen.
3. Conditions. The variance approval is subject to the following conditions:
I . The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed, before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast comer
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
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: January l6th, 2018
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER
CITY OF CRANHASSEN
BY:
Denrly I!aufenbu(ger, Mayg
AND: col'w
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this ( day of FdoL,-�� ,
2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhasien,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
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DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
217Y6
3,066
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316 Le,
2
�OTARY PUBLIC
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
1-7-2()
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setback, I 0 -foot rear yard setback, 25 percent lot coverage limit, and one driveway per
residential parcel restriction in order to build a garage on a property zoned Single Family
Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The application was tabled, and the applicant submitted a revised
proposal which went before the Planning Commission, acting as the Board of Appeals and
Adjustments on January 16, 2018. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findins — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: It is the intent of the City Code to allow for residential homeowners to be able
to store vehicles and possessions on site, and, in many instances, the City Code requires
these items to be stored indoors. Construction a garage to facilitate the storage of a
vehicle is in harmony with the general purposes and intent of the city's zoning code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Due to the substandard size of the applicant's lot there is no possibility for them
to construct a garage capable of housing the firetruck with the bounds established by the
city's zoning code. The resident's goal of construction a single accessory structure to
facilitate the storing of a collector's vehicle onsite is reasonable. ScANNED
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for an expanded garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is a substandard lot plated in 1887.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the oldest neighborhoods in the city and garages which do not
conform to the existing zoning ordinances are fairly common. Allowing the construction
of the proposed garage will not significantly alter the neighborhood's character.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated January 16, 2018 prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a
I 0 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second
driveway access variance for the construction of a garage addition, subject to the conditions of
approval and adopts the attached finding of Facts and Decisions:
I . The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed, before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast comer
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018.
OF HANHASSEN
BY.
Chairman
January 23, 2018
CITY OF C HANHA'alaE N
Chanhassen is a Community for Life - Providing for Today and Planning forTomorrow
Rick and Elizabeth Nustad
7721 Erie Avenue
Chanhassen, MN 55317
Re: Variance -Garage (7721 Erie Avenue)
Dear Mr. and Mrs. Nustad,
This letter is to formally notify you that on January 16, 2018, the Chanhassen Planning
Commission voted to approve the following motion:
/ � -,�o
"The Chanhassen Board of Appeals and Adjustments approves a I 0 -foot west front yard setback,
a fivc-foot rear yard setback, a 9 percent lot coverage, and a second driveway access variance for
the construction of a detached garage, subject to the conditions of approval and adopts the
attached finding of Facts and Decisions."
The conditions of the variance are as follows:
1. The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast comer
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
PH 952-227. 1100 - wwwAchanhassenan.us - FX 952.227. 1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
N
10-
January 23, 2018
7721 Erie Avenue — Approval Letter
Page 2 of 2
The variance is valid for one year from the approval date. The conditions placed on the variance
must be met by January 16, 2019. If you have any questions, please contact me at 952-227-1132
or by email at mwalters6ki.chanhassen.mn.us.
Sincerely,
7k"Z,"(U� 4WWW�
MacKenzie Walters
Assistant Planner
c: Building File
G:\PLAN\2017 Planning Cases\l 7-20 7721 Efie Avenue VAR\Approval Lener 17-20.doc
1 -1 - Oa
Walters, MacKenzie
From: Rick Nustad <abbylandr2@gmail.com>
Sent: Wednesday, November 29, 2017 33S PM
To: Walters, MacKenzie
Subject: planning meeting
per our conversation today liz and I agree to waive the 60 day review deadline.
Rick and Liz Nustad
11— W
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 21, 2017
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, John Tietz, and Mark
Randall
MEMBERS ABSENT: Mark Undestad
STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie
Walters, Assistant Planner
PUBLIC PRESENT:
Rick & Liz Nustad
Jack Atkins
Curt Robinson
7721 Erie Avenue
220 West 78h Street
202 W. 72th Street
PUBLIC HEARING:
7721 ERIE AVENUE: VARIANCE HARCOVER, FRONT YARD SETBACK AND REAR
YARD SETBACK.
Walters: This is Planning Case 2017-20. It's a request for a variance at 7721 Erie Avenue. The
variance would be for a detached garage and it would be for a second driveway access, a 10 foot
west front yard setback, 4.3 foot south front yard setback, a 5 foot rear yard setback and then a
12.4 percent lot coverage variance. So the location as mentioned is 7721 Erie Avenue. This
property is zoned residential single family. It's located on a comer lot with a public street, Chan
View, Erie Avenue and then a platted alley. What we call a paper street. So there is a public
right-of-way which means that does function as a front yard setback as well so it has 3 front yard
setbacks and the zoning requirements are a 15,000 square foot lot. 30 foot for any front yard
setback. Limited to a single driveway access and a maximum of 25 percent lot coverage. The
site is located in one of the oldest neighborhoods in Chanhassen. If memory serves it was platted
in 1887 so the lot is what we call substandard. It's 8,529 square feet. It's currently a non-
conforming use at 28.3 percent lot coverage. The northern front yard setback is currently met.
The west front yard setback, the house currently has, is set back 20.7 feet and the garage then is
tucked back an extra 5 feet or so from there and there's currently a non -conforming shed on the
property that is 17 feet from the setback from that platted alleyway and approximately 6 feet
from the rear yard setback. The applicant is proposing constructing a 20 foot by 35 foot
detached garage which would be accessed by a second driveway. And this is to allow for the on
site storage of a 1969 Mack fire truck. The applicant has noted that the lot is substandard. It is
very difficult to improve the property within the confines of the zoning code. The existing
Chanhassen Planning Commission — November 21, 2017
garage cannot accommodate the size of the fire truck. They've stated the proposed garage would
only be used to store the vehicle. They would like to bring the truck indoors to facilitate the
eventual restoration of the vehicle. They've noted that due to the age of the subdivision a lot of
other properties have detached garages and encroach on the various setbacks. It is very typical to
see some higher lot coverage within the subdivision as well and they have proposed
architecturally designing the garage to fit into the character of the neighborhood. They would
also be removing the non -conforming shed and some patio space. When staff looked it over one
of our largest concerns is that this neighborhood has an existing history of street flooding. It's
storm water services are currently inadequate for modem storm water treatment standards. There
is concern that the increased impervious surface coverage could exacerbate this. If the variance
were granted it would allow the property to exceed it's lot coverage by a little over 1,000 square
feet. It would represent an increase of about 779 square feet over the current non -conformity.
The property currently has a house, two car garage, patio, shed which is generally considered to
be a reasonable use within a single family district. When we looked around at the Plano metrics
of the neighborhood, that's this here. This shows the impervious surface. As you can see
detached garages are fairly common but we see only, I was able to find 2 properties that looked
to have multiple driveway accesses. I do not believe, I was not able to find any that had both
detached garage and attached garage and multiple driveway accesses so this level of use would
not be consistent with the neighborhood and RSF districts are not fundamentally designed to
accommodate the indoor storage of large vehicles. For these reasons staff is recommending
denial of this variance request. I'd be happy to expand and answer any questions you may have
at this time.
Aller: Does anybody have a question to start with? I was wondering when we looked for what
the neighborhood was doing, what other variances and you indicated that there were other
detached garages. What are we looking at as far as variances that have been granted in the past
and the history of those detached garages?
Walters: So I believe I was able to find 8 variances for the 47 properties within 5 feet. Within
500 feet, sorry. Yes within 500 feet. All of those were situations where they were either
expanding an existing a single stall garage to become a 2 stall or where there was no garage
present on the property and they were adding a 2 car garage. We've had a couple other cases
before where you know if a property is older and does not have an existing garage because
ordinance now requires a 2 car garage we do whatever we can to make those fit. I couldn't find
any that had an existing garage and then were adding another detached garage.
Aller: When we looked at those, the expansions or the additions, what did it do with regard to
the surface area coverage for storm water drainage?
Walters: Yeah, unfortunately the most of these variances that I found for the garages were in the
80's. There wasn't any record that I found mentioning the impervious coverage or whether or
not it was increasing so unfortunately I don't know whether or not. My guess from the average
2
Chanhassen Planning Commission — November 21, 2017
size of the lots would be that most are over the 25 percent but I wouldn't be able to speculate on
by how much.
Tietz: MacKenzie I have a question.
Aller: Commissioner Tietz.
Tietz: Since this is a proposed to be primarily a storage building for the fire engine that's used
periodically and possibly then going to be restored in it, to reduce the surface coverage is it
possible that instead of having a full driveway it could just have like the two wheel lines that you
see in some locations where properties have surface coverage issue. I know that's been done in
Excelsior right off the lake. There's a couple of new very large homes but the driveways are
essentially the old fashion two lines. At least that would provide some hard surface to get the
vehicle out if they you know on occasion but it seems like it's primarily a storage facility as
opposed to a daily use facility.
Aanenson: You could attach whatever conditions you felt appropriate on that. There's also the
grass pavers where it's, you know so that would be, if that was something you're interested.
Tietz: Yeah. It looks like there's over 300 square feet of new driveway that would be added and
if you take that off of the in excess of the currently zoning that does help. And you know you
mentioned architecturally. What's the, do we know what the peak of that garage is going to be?
I assume that that overhead door on a fire truck is not an 8 foot door right?
Walters: I would imagine not. I do not actually, I've not received plans for the proposed garage.
I expect the applicant could address that when they address the commission. It would be
required to meet the 20 foot accessory structure height, mid point of highest gable.
Tietz: Okay, thank you.
Aller: Additional questions? Commissioner Randall.
Randall: So I'm looking at your proposal here with the approximate buildable area. Is it
possible to decrease the variance by attaching this and then also linking the driveways together?
Would that be a little bit more workable solution or?
Walters: When this proposal was first brought before staff, staff did request that an alternative
be provided where it was a single driveway access. This is the application and proposal and that
was submitted.
Randall: Okay.
Chanhassen Planning Commission — November 21, 2017
Walters: The Planning Commission could vote to grant variances but not the second driveway
access which would require then a redesign. As to why the applicant opted for a detached versus
attached garage, I believe that would be a question for them as well during their presentation.
Aller: Did you have a question? Commissioner Madsen.
Madsen: Yeah I had a question. For any of these variances that were within 500 feet, were any
of them for basically a storage garage or were they more for a daily use garage?
Walters: My notes were, to the nearest I could tell they were all for the first and only garage on
the property but unfortunately my notes are not specific enough for me to be 100 percent from
that but most of them mentioned two car garage and the properties again typically did not have
an existing garage.
Madsen: Okay, thank you.
Aller: Any other questions?
Weick: I have a question if that's okay.
Aller: Commissioner Weick.
Weick: The existing shed that's on the property, is that included in the current hard cover and
then subtracted from the new hard cover? I just want to make sure we're accounting for it
appropriately.
Walters: (Yes).
Weick: Okay.
Walters: Yep it's a 96 square foot structure. It's part of that 28.3 percent existing lot coverage
and that's one of the things the applicant is doing to try to minimize the impact of the project.
Weick: Okay.
Aller: Anyadditional? Okay, we could hear from the applicant now. Yesplease. Stepuptothe
podium. State your name and address for the record and then let us know about your request for
the variance.
Rick Nustad: I'm Rick and this is my wife Liz Nustad and we've been residents of Chanhassen
coming up on 20 years and we own an antique fire truck. It's classified an antique. I don't know
if you've passed stuff around to look at but.
KI
Chanhassen Planning Commission — November 21, 2017
Aller: Do you want to put it.
Walters: If you want to put it right there and we'll turn the document cam on and it will pop up
there.
Rick Nustad: Okay. I grew up in Excelsior. This truck was my favorite truck of all time and
anyways we've been the owners of it for 5 years and we purchased it and we keep it right now in
a storage facility that we have to pay and it's outdoors so we're looking at getting it indoors. We
use it on parades and as you can see it was sponsored by the Historical Society for the 4 ffi of July
parade and we've worked long and hard on this process and had our lot surveyed and we have a
design of what this garage would look like. And essentially we have down sized the original
drawings to minimum for what we could have to store this truck and the garage itself would be
20 feet wide and 35 feet long. The peak of the roof of that would be 19.6 feet high and the
garage opening would be about 12 feet high. In our neighborhood right now we currently have
similar buildings. There's one that's almost across the street from us and is a storage facility.
And my printer's not working very good and here's another picture of another address that
actually has two garages. You actually through the first to get into the second. And about the
only thing we can offer is we went around the neighborhood and we have 24 signatures of
neighbors that looked at the drawings and are for it. I'm not real sure what else to say here.
We're willing to change anything. We did speak with the Planning Commission about using
blocks for the driveway that are, allow grass to grow but that according to the City makes no
difference in terms of hard cover surface. And for drainage we would run drain pipe along the
roof and it would come out on the southeast comer of the garage which is an actual alleyway
right there which to me looks like good drainage and that is about it. I thank you for your time
and all of that.
Liz Nustad: Exterior of the building would be the same as the house. It would blend in. It
won't, it will be nice. It won't look.
Rick Nustad: Right and we did stress the point that there will be no junk sitting outside around
this. It's going to be just a garage.
Aller: If I could just ask when you indicated that you had reduced the size, is that a reduction
from what you provided to the planning department already or is that?
Rick Nustad: No. We purchased drawings online and we reduced it.
Aller: Okay.
Rick Nustad: Literally there's going to be about 5 feet of room around inside the garage so it's
just strictly for storage.
Liz Nustad: Storing the fire truck.
5
Chanhassen Planning Commission — November 21, 2017
Rick Nustad: Out of the elements. And like I say we're willing to do whatever. You know we
talked when we, you mentioned about a single driveway versus a double. I'm sure it's possible.
It would have to be angled just to get the truck lined up to pull into the garage so.
Aller: How often is the truck actually out of storage and being used?
Rick Nustad: You know we might take it out every weekend. Every other weekend sometimes
in the summer and we do parades. We've done about a dozen parades and won trophies for it
and was very proud being in the 4' of July parade in Chanhassen too.
Aller: Great. Any additional questions at this point in time? Commissioner Randall.
Randall: A question I wanted to ask MacKenzie about maybe doing something attached. Was
that ever a consideration for you guys?
Rick Nustad: You know I didn't really look at that. It would be where there would be a wall
between each one though right. Yeah we could do that.
Randall: The only reason I say that is because I ended up doing that on my garage and then I just
put another garage door in to divide them instead of doing out but you know just that might work
a little bit better. Cut down on the percentage. I mean we've got to do the numbers on it but you
know also too it might make it easier to tie utilities into that area too.
Rick Nustad: Sure.
Randall: You know I have a garage workshop too and I like having a room next to my vehicle.
You know if you want to run air tools and that type of thing too.
Rick Nustad: Right.
Randall: So I think some of those solutions might be, or some of those ideas might work a little
bit better but that was just my concern and then maybe linking the driveway up because it would
be that much closer.
Rick Nustad: Right. That makes good sense. Right now as the drawings were submitted there's
about 5 feet of our patio would remain between the two buildings but we can definitely look at
combining maybe.
Randall: That or another idea might be to re -conform your existing garage to accommodate it
and then add maybe a smaller area for your normal vehicles. That could be another thing too so
there's different ideas. I mean I think we can try to figure out something that will work for
everyone but yeah I wouldn't want to have to back that thing in on a curve or whatever.
P
Chanhassen Planning Commission — November 21, 2017
Rick Nustad: You know it's not like today's modem fire trucks that Mr. Atkins drives.
Randall: Thank you sir.
Rick Nustad: Thank you for your time.
Aller: The other question I have is, when were you looking at actually constructing it because
we're talking about potentially time investment and trying to come up with a different plan and
so I'm looking at alternatives here. Thinking of alternatives as to how we would want to
approach this for you.
Rick Nustad: You know if it was to pass this month we would look at probably starting in the
spring. I would take the time this winter to find a builder and I've dealt with vendors. I work for
the Foss Swim Schools so we deal with lots of vendors when it comes to construction and we
would find a reputable one of course and follow all of the rules and regulations but we've had it
sitting outside for 5 years so a few month months or 6 months would not hurt.
Aller: Okay great. Alright, thank you. Any additional questions? Thank you for your
presentation.
Rick Nustad: Thank you.
Liz Nustad: Thank you.
Aller: Okay at this point in time we're going to open up the matter for public hearing. If anyone
is actually here for this particular item and would like to speak either for or against the item
please come forward and state your name and address for the record and let us know what you
think. Yes sir.
Jack Atkins: Yeah, my name is Jack Atkins. I live at 220 West 78th Street so across Erie and on
the comer of Main Street and I want you to know we have no objections to them doing this and
we urge you to work with them to come to a solution. I think they're amenable to that. I do
want to point out, I don't know if you can see that. That's the garage that's kitty comer. That's
25 by 42 foot on a much smaller lot so it's not out of keeping with the neighborhood. I think this
pre -dates any zoning.
Aller: Right.
JackAtkins: So from that standpoint. The other thing is there is an easement for where the
sanitary sewer goes through and there's an offer by the City to let us claim that or buy it or
something. I can't remember but they did not do that and that's another 8 foot by 60 feet on the
property that could be considered part of their.
7
Chanhassen Planning Commission — November 21, 2017
Aller: Right, if it was vacated.
Jack Atkins: Pervious land. And also is, on new developments is the setback from the center of
the street to the property line, is that 33 feet still?
Aanenson: To the property line is always to the property line.
Jack Atkins: No I'm talking about how wide is the easement from the center of the street?
Aller: Oh the city easement coming into the property. For access. City access.
Aanenson: Typically the right-of-way from the street is one definition and then there's typically
an easement in the front where utilities go but you can include utilities as part of your setback.
It's not in addition to so right-of-way is one definition of your property as your right-of-way.
Then typically inside the right-of-way there may be a utility easement around that or just for.
Jack Atkins: I was just curious because the City owns 33 feet from the center of the streets on
both sides of their property and I thought that might be 30 feet on new developments now.
Aanenson: Could be.
Jack Atkins: So that's.
Aanenson: But it also might be encumbered. There might be not an additional utility easement
along that too so.
Jack Atkins: Well I guess my point is that, it's old Chanhassen. 1887 and all of the lots are a
hardship so anything you can do to make this work for them we'd, the neighborhood would
appreciate it. Thank you.
Aller: Thank you. Thank you for your presentation. Anyone else wishing to come forward?
Seeing no one come forward at this point in time I'll close the public hearing on this item and
open it for discussion. Thoughts. I'm tempted to say it's premature and maybe we could offer or
request them to, what they can work out. Is that in line with everybody's thinking or are they
thinking something else? You can still grant it with conditions.
Tietz: Or grant approval with provisions and I think that's probably, even though construction
wouldn't start now probably til April or May depending upon the winter conditions, I think Mark
had a good suggestion of seeing if it could be attached which would make it, it might reduce a
modest amount of hard surface. That 5 foot kind of alley way between the proposed and existing
and as Mark stated there could be some benefits and I think there's still a benefit in, I don't see
how you could back a fire truck into that using the existing driveway so if it's just a parallel strip
8
Chanhassen Planning Commission — November 21, 2017
because it's infrequent use or pervious pavers or some sort. If those two issues could be dealt
with as a provision of approval I guess I would vote positively.
Aller: I guess my question would be how do we do that adequately so that they don't have to
come back again anyway.
Tietz: Well there's conditions on one of the options that it would be up to the City to, or staff to
review it and approve. Or see if it complied. I don't know maybe that's inappropriate but just
do it that way.
Aller: That just again leaves it to other people and then what happens if they disagree and they
want to come back before us? I don't want them to come back a thousand times if we can avoid
that and it doesn't sound like anybody wants to particularly just deny it out of hand so. Thoughts
Commissioner Weick? I see you're in your pensive status.
Weick: Well no I think it's a genuine you know, it's obviously a genuine attempt to create a
structure that's in line with the existing house and the neighborhood. I really do appreciate the
signatures from the neighbors. That was a big question I had is what do the people around,
around the house think. I think that's the most important thing sometimes. I mean the codes are
also very important. The biggest thing for me, the setbacks don't bother me at all. It's just the
hard cover. It's a significant amount of hard cover and especially with the driveway. You know
that's a lot. I mean I don't know if you've been over there but the driveways will then sort of
become the primary, they're short. You know the house is relatively close to the street but that's
a lot of driveway. That's my biggest concern.
Aller: You're increasing a lot of runoff.
Weick: Yeah, yeah. I think it's nice to you know have this replace the existing shed that's there.
I think that will help visually with the neighborhood as well so, I like the idea. Just the only
concern I have is it's a lot of cover.
Aller: Okay.
Weick: And I'm not sure attaching or not attaching necessarily makes a big difference there.
Maybe it does. I'm just not, because to me it's the driveway. Again I get back, it's the driveway
that makes it, that seems like more than what's needed.
Aller: Okay. Any other? Commissioner Madsen?
Tietz: Andrew, yeah oh I'm sorry Nancy. Go ahead.
Madsen: Go ahead.
E,
Chanhassen Planning Commission — November 21, 2017
Tietz: Just looking at the engineer's plan it looks like the land does slope to the southeast and if
the indication was to take the drainage off of the new structure to the southeast, excavation could
occur in that comer which could in a sense create a rain garden of sorts and contain that, that
additional hard surface runoff in that area. I think we're requiring that on a number of projects
now and this would not be out of the ordinary to request that. Yes there's probably some re-
grading that's going to have to be done for the footings and slab anyhow and this might be an
opportunity to just create a holding area in that comer. You know this is a very small site in an
old neighborhood and I think our current requirements are very difficult to assign to a site, an
area, a neighborhood like this so I think doing what we can to help make this possible is in the
City's best interest and I think we should seriously consider it. That southeast comer looks like
it's a potential. I don't know MacKenzie if that's been looked at.
Aller: And when I looked at it originally I didn't think it comported with the neighborhood
because by the nature and the testimony that we have, the other garages and the other variances
were basically for what we have deemed to be kind of the standard in our community which is to
have a house with a two car garage. Whether it be attached or detached but it's for vehicle use
and for regular household storage that's in and out. However they use that but typically we've
expanded from one to two or to have two. Now we have two so when we look at what's the
reasonable use of the property in the neighborhood, we're not necessarily looking at creating so
that, creating variances even though they're small plots and lots to turn around and say well
we're going to give a variance so everyone can have an accessory structure which exceeds our
requirements. So to me it was super important that they came in, because that was one of my
questions is how are the neighbors going to feel about this so I was happy to hear that the
neighbors are involved and are looking at this in a positive fashion and want to promote this
utilitarian use of the property. And then the question is how do we get there to minimize if we're
going to allow for a variance how do we minimize that because I think that's what our
obligations are to make sure that it's the smallest possible variance that would meet the request.
So how do we go about doing that and if we want to do that today or do we want to have
everybody do homework and come back?
Madsen: I share your concern on the size and scale of the building. I think it's a wonderful idea
to restore the fire truck and what you do in a community with it. Thank you for bringing in the
picture of the one other storage building that is in the neighborhood but I'm just not sure that a
residential neighborhood is the best fit for lots of storage buildings so if we do grant this
variance, and more other neighbors have uses for storage buildings I'm not sure that's the, what
the residential area was intended to have so I do struggle with that but I do appreciate you
bringing in the list of the neighbors who are for this facility to store the truck but I struggle with
that.
Randall: I guess I would like to kind of table it and have them work on it some more. I don't
know if they came up with a different plan that used less variance and maybe a rain garden or
whatever. Some of those solutions might be, do they have to re -apply for all of this stuff?
0
Chanhassen Planning Commission — November 21, 2017
Aller: That was what was my next question.
Aanenson: No.
Aller: They would have to sign an extension correct to have it decided.
Aanenson: Yeah they can give us an extension so they could, you could table and since they're
not ready to construct right away we need some time to work on it.
Aller: Right. That's why I was asking what their time table was to see whether or not it would
be an appropriate alternative.
Randall: It would be easier if you were into motorcycles than fire trucks but I'm just giving you
a hard time.
Rich Gavert: Can I say something?
Aller: You know we closed the public hearing on this but in the spirit of going ahead and hear
you but why don't you come up so it's on the record. Come up and state your name and address
for the record.
Rich Gavert: Rich Gavert, 7701 Frontier Trail. The building, the garage so to speak that Jack
and Rick showed you pictures of, that's nothing but storage. I've been here 42 years and it's,
never see a car coming or going out of that so the precedence has more or less been set.
Aller: Well thank you. Thank you.
Aanenson: That's an original building. There's no house with it. It's been there forever and it's
not being used as a business or anything. It's just sitting out there so it's an anomaly. We've got
that in other parts of the city. It's not a new one that someone's trying to put a boat in or
something like that. It's being used as storage so. We recognize that that's a.
Aller: And I recognize and I think the commissioners recognize the fact that the present building
is non -conforming so. What we're doing is replacing a non -conforming use with a...
Tietz: I think if we are taking this back for further study, you know there's a lot of time and
investment and I'm sure there's some engineering time that's going to go into this too. I don't
want someone to go away and think that all these changes or proposed changes and they look at
it, that then they come back and it gets denied so I think it's very important that we are giving
positive direction and hopefully in working with staff that it come back with a solution that then
we will find acceptable.
I I
Chanhassen Planning Commission — November 21, 2017
Randall: I think some of the things that are important too for the homeowner are going to be to
determine the minimum space that they need for this fire truck. Whether it be it's operation and
storage, whatever. By having the minimums down that will give us the minimum that they have.
That they can work with and find a solution to the problem so I just want to put that on the
record.
Aller: And it sounds like they're doing a good job of that now but there are things that haven't
been considered. The fact that they could use the existing and expand the existing or attach it
and there are different alternatives that really should be looked at in order to make sure that we
can feel comfortable in granting one because it would be at a minimum level. So with those
comments would anyone like to make a motion on this item?
Randall: Make a motion to table it, is that what it would be?
Aller: Yeah.
Randall: I'd like to make a motion to table this variance request. Do I haveto setatime line
with that also?
Aanenson: Chair for the record, the 60 day is the 19th of December but we would ask for another
60 days which we can if they're agreeable to that and then we can certainly have it accomplished
within that timeframe.
Aller: So that would be the 19'h of February.
Aanenson: Yeah. Any time between then and now that they can get, yep.
Aller: Right and that would.
Aanenson: We'll just put them back on the agenda.
Aller: What happens is we're required to, the City's required to make a decision before a certain
time line runs and that's 60 days so in order for us to allow for other communication and
discussion to go forward we have to move that back so that we don't, otherwise we would have
to deny it and then appeal it and do all that other stuff so this way we're just, if the motion was to
carry then we'll just be moving that date out with your agreement to say that we've got the
additional time to make that decision based on your application and then you can amend your
application based upon your discussions and we can have another hearing and hopefully put this
thing to rest. Okay. So we have a motion. Do I have a second?
Madsen: Second.
Aller: Having a motion and a second.
12
Chanhassen Planning Commission — November 21, 2017
Randall moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments
table Planning Case 2017-20 after receiving written agreement for a 60 day extension. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
Alter: That motion carries. Do we have a form currently that we can print out?
Aanenson: I think we can just ask for the 60 days. We're within our rights to ask for 60 days so.
Alter: Okay. Thank you.
PUBLIC HEARING:
204 WEST 78TIl STREET: VARIANCE FOR HARD SURFACE COVERAGE AND
FRONT YARD SETBACK.
Alter: Is that you?
Walters: Yes it is.
Alter: Thank you MacKenzie.
Walters: So this is Case 2017-21. 204 78th Street West. This is a variance request. They're
requesting a 3 foot, an after the fact variance for a 3 foot front yard setback to accommodate a
pergola and an after the fact for 1.5 percent lot coverage for an expanded driveway. This is in
the same neighborhood as the last variance we heard. Let me get my laser pointer up here. The
property is located here. The zoning is the same. The only change, the relevant condition is
because this property accesses a collector road our ordinance does require it to have a turn
around accommodated within the driveway. The current site conditions are it's an 8,981 square
foot lot. It currently has 28.3 percent lot coverage. The existing front yard setback is 27 feet. It
meets all other setbacks and as a bit of an anomaly the public sidewalk is actually located on the
property instead of in the right-of-way and that's about 214 square feet of impervious surface.
The applicant is requesting to retain an expanded driveway and retain the pergola in it's existing
configuration. The applicant has stated that when the house was constructed about 10 years ago
the sidewalk was poured in a different position than intended right up against the house so that
forced the pergola footings to be ftirther forward which pushed it out into the required front yard
setback. And then due to the difficulty of accessing 78 th Street West they chose to deviate from
the proposed driveway and widen it. The other reason they made that decision the construction
was because 78th Street does not allow street parking so they wanted to accommodate some on
site parking. After the property was built they had originally put an extra 385 square feet of
Class V aggregate or gravel to the side of the driveway. After consulting with staff they did
remove that to reduce the property's non-compliance. As was noted in earlier discussions a lot
of properties in this neighborhood do encroach within the front yard setback and they feel the
pergola adds architectural interest to the front fagade. When staff looked it over one of the things
13
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC
HEARING
PLANNING CASE NO. 2017-20
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning
Commission will hold a public
hearing on Tuesday, November
21, 2017 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 variance request
for second driveway access,
hardcover. front vard setback, and
rear setback for ii garage addition
for property zoned Single Family
Residential (RSF) and located
at 7721 Erie Avenue. Applicant/
owner: Rick & Elizabeth Nustad.
A plan showing the location
of the proposal is available
for public review on the city's
web site at www.ci.chanhassen.
mn.us/2017-20 or at City Hall
during regular business hours.
All interested persons are invited
to attend this public hearing
and express their opinions with
respect to this proposal.
MacKenzie Walters
Email: mwalters@
ci.chanhassen.mn.us
Phone: 952-227-1132
(Published in the Chanhassen
Villager on Thursday, November
9, 2017: No. 4521)
I e3 — -2-0
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, 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 33 1 A.02, 331 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. VTC�_
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:
abcdefghijklmnopqrs
Laurie A. Hartmann
Subscribed and sworn before me on
this _2 f�day of J)n��4—\_2017
NP ti C, ry
oJYMME JEMNME WK
NOTARY PUBUC - M'NNESOTA
WYCOMMOSIONE)PIRBOI/T�.8
iw
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space .... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................ $31.20 per column inch
Rate actually charged for the above matter .............................................. $12.59 per column inch
SCANNIEL-
�j -2- C)
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 21,2017
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, John Tietz, and Mark
Randall
MEMBERS ABSENT: Mark Undestad
STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie
Walters, Assistant Planner
PUBLIC PRESENT:
Rick & Liz Nustad
Jack Atkins
Curt Robinson
7721 Erie Avenue
220 West 78th Street
202 W. 72th Street
PUBLIC HEARING:
7721 ERIE AVENUE: VARIANCE HARCOVER. FRONT YARD SETBACK AND REAR
YARD SETBACK
Walters: This is Planning Case 2017-20. It's a request for a variance at 7721 Erie Avenue. The
variance would be for a detached garage and it would be for a second driveway access, a 10 foot
west front yard setback, 4.3 foot south front yard setback, a 5 foot rear yard setback and then a
12.4 percent lot coverage variance. So the location as mentioned is 7721 Erie Avenue. This
property is zoned residential single family. It's located on a comer lot with a public street, Chan
View, Erie Avenue and then a platted alley. What we call a paper street. So there is a public
right-of-way which means that does function as a front yard setback as well so it has 3 front yard
setbacks and the zoning requirements are a 15,000 square foot lot. 30 foot for any front yard
setback. Limited to a single driveway access and a maximum of 25 percent lot coverage. The
site is located in one of the oldest neighborhoods in Chanhassen. If memory serves it was platted
in 1887 so the lot is what we call substandard. It's 8,529 square feet. It's currently a non-
conforming use at 28.3 percent lot coverage. The northern front yard setback is currently met.
The west front yard setback, the house currently has, is set back 20.7 feet and the garage then is
tucked back an extra 5 feet or so from there and there's currently a non -conforming shed on the
property that is 17 feet from the setback from that platted alleyway and approximately 6 feet
from the rear yard setback. The applicant is proposing constructing a 20 foot by 35 foot
detached garage which would be accessed by a second driveway. And this is to allow for the on
site storage of a 1969 Mack fire truck. The applicant has noted that the lot is substandard. It is
very difficult to improve the property within the confines of the zoning code. The existing
SCANNED
Chanhassen Planning Commission — November 21, 2017
garage cannot accommodate the size of the fire truck. They've stated the proposed garage would
only be used to store the vehicle. They would like to bring the truck indoors to facilitate the
eventual restoration of the vehicle. They've noted that due to the age of the subdivision a lot of
other properties have detached garages and encroach on the various setbacks. It is very typical to
see some higher lot coverage within the subdivision as well and they have proposed
architecturally designing the garage to fit into the character of the neighborhood. They would
also be removing the non -conforming shed and some patio space. When staff looked it over one
of our largest concerns is that this neighborhood has an existing history of street flooding. It's
storm water services are currently inadequate for modem storm water treatment standards. There
is concern that the increased impervious surface coverage could exacerbate this. If the variance
were granted it would allow the property to exceed it's lot coverage by a little over 1,000 square
feet. It would represent an increase of about 779 square feet over the current non -conformity.
The property currently has a house, two car garage, patio, shed which is generally considered to
be a reasonable use within a single family district. When we looked around at the Plano metrics
of the neighborhood, that's this here. This shows the impervious surface. As you can see
detached garages are fairly common but we see only, I was able to find 2 properties that looked
to have multiple driveway accesses. I do not believe, I was not able to find any that had both
detached garage and attached garage and multiple driveway accesses so this level of use would
not be consistent with the neighborhood and RSF districts are not fundamentally designed to
accommodate the indoor storage of large vehicles. For these reasons staff is recommending
denial of this variance request. I'd be happy to expand and answer any questions you may have
at this time.
Aller: Does anybody have a question to start with? I was wondering when we looked for what
the neighborhood was doing, what other variances and you indicated that there were other
detached garages. What are we looking at as far as variances that have been granted in the past
and the history of those detached garages?
Walters: So I believe I was able to find 8 variances for the 47 properties within 5 feet. Within
500 feet, sorry. Yes within 500 feet. All of those were situations where they were either
expanding an existing a single stall garage to become a 2 stall or where there was no garage
present on the property and they were adding a 2 car garage. We've had a couple other cases
before where you know if a property is older and does not have an existing garage because
ordinance now requires a 2 car garage we do whatever we can to make those fit. I couldn't find
any that had an existing garage and then were adding another detached garage.
Aller: When we looked at those, the expansions or the additions, what did it do with regard to
the surface area coverage for storm water drainage?
Walters: Yeah, unfortunately the most of these variances that I found for the garages were in the
80's. There wasn't any record that I found mentioning the impervious coverage or whether or
not it was increasing so unfortunately I don't know whether or not. My guess from the average
2
Chanhassen Planning Commission — November 21, 2017
size of the lots would be that most are over the 25 percent but I wouldn't be able to speculate on
by how much.
Tletz: MacKenzie I have a question.
Aller: Commissioner Tietz.
Tietz: Since this is a proposed to be primarily a storage building for the fire engine that's used
periodically and possibly then going to be restored in it, to reduce the surface coverage is it
possible that instead of having a full driveway it could just have like the two wheel lines that you
see in some locations where properties have surface coverage issue. I know that's been done in
Excelsior right off the lake. There's a couple of new very large homes but the driveways are
essentially the old fashion two lines. At least that would provide some hard surface to get the
vehicle out if they you know on occasion but it seems like it's primarily a storage facility as
opposed to a daily use facility.
Aanenson: You could attach whatever conditions you felt appropriate on that. There's also the
grass pavers where it's, you know so that would be, if that was something you're interested.
Tietz: Yeah. It looks like there's over 300 square feet of new driveway that would be added and
if you take that off of the in excess of the currently zoning that does help. And you know you
mentioned architecturally. What's the, do we know what the peak of that garage is going to be?
I assume that that overhead door on a fire truck is not an 8 foot door right?
Walters: I would imagine not. I do not actually, I've not received plans for the proposed garage.
I expect the applicant could address that when they address the commission. It would be
required to meet the 20 foot accessory structure height, mid point of highest gable.
Tietz: Okay, thank you.
Aller: Additional questions? Commissioner Randall.
Randall: So I'm looking at your proposal here with the approximate buildable area. Is it
possible to decrease the variance by attaching this and then also linking the driveways together?
Would that be a little bit more workable solution or?
Walters: When this proposal was first brought before staff, staff did request that an alternative
be provided where it was a single driveway access. This is the application and proposal and that
was submitted.
Randall: Okay.
3
Chanhassen Planning Commission — November 21, 2017
Walters: The Planning Commission could vote to grant variances but not the second driveway
access which would require then a redesign. As to why the applicant opted for a detached versus
attached garage, I believe that would be a question for them as well during their presentation.
Aller: Did you have a question? Commissioner Madsen.
Madsen: Yeah I had a question. For any of these variances that were within 500 feet, were any
of them for basically a storage garage or were they more for a daily use garage?
Walters: My notes were, to the nearest I could tell they were all for the first and only garage on
the property but unfortunately my notes are not specific enough for me to be 100 percent from
that but most of them mentioned two car garage and the properties again typically did not have
an existing garage.
Madsen: Okay, thank you.
Aller: Any other questions?
Weick: I have a question if that's okay.
Aller: Commissioner Weick.
Weick: The existing shed that's on the property, is that included in the current hard cover and
then subtracted from the new hard cover? I just want to make sure we're accounting for it
appropriately.
Walters: (Yes).
Weick: Okay.
Walters: Yep it's a 96 square foot structure. It's part of that 28.3 percent existing lot coverage
and that's one of the things the applicant is doing to try to minimize the impact of the project.
Weick: Okay.
Aller: Anyadditional? Okay, we could hear from the applicant now. Yesplease. Stepuptothe
podium. State your name and address for the record and then let us know about your request for
the variance.
Rick Nustad: I'm Rick and this is my wife Liz Nustad and we've been residents of Chanhassen
coming up on 20 years and we own an antique fire truck. It's classified an antique. I don't know
if you've passed stuff around to look at but.
4
Chanhassen Planning Commission — November 21, 2017
Aller: Do you want to put it.
Walters: If you want to put it right there and we'll turn the document cam on and it will pop up
there.
Rick Nustad: Okay. I grew up in Excelsior. This truck was my favorite truck of all time and
anyways we've been the owners of it for 5 years and we purchased it and we keep it right now in
a storage facility that we have to pay and it's outdoors so we're looking at getting it indoors. We
use it on parades and as you can see it was sponsored by the Historical Society for the 4 th of July
parade and we've worked long and hard on this process and had our lot surveyed and we have a
design of what this garage would look like. And essentially we have down sized the original
drawings to minimum for what we could have to store this truck and the garage itself would be
20 feet wide and 35 feet long. The peak of the roof of that would be 19.6 feet high and the
garage opening would be about 12 feet high. In our neighborhood right now we currently have
similar buildings. There's one that's almost across the street from us and is a storage facility.
And my printer's not working very good and here's another picture of another address that
actually has two garages. You actually through the first to get into the second. And about the
only thing we can offer is we went around the neighborhood and we have 24 signatures of
neighbors that looked at the drawings and are for it. I'm not real sure what else to say here.
We're willing to change anything. We did speak with the Planning Commission about using
blocks for the driveway that are, allow grass to grow but that according to the City makes no
difference in terms of hard cover surface. And for drainage we would run drain pipe along the
roof and it would come out on the southeast comer of the garage which is an actual alleyway
right there which to me looks like good drainage and that is about it. I thank you for your time
and all of that.
Liz Nustad: Exterior of the building would be the same as the house. It would blend in. It
won't, it will be nice. It won't look.
Rick Nustad: Right and we did stress the point that there will be no junk sitting outside around
this. It's going to be just a garage.
Aller: If I could just ask when you indicated that you had reduced the size, is that a reduction
from what you provided to the planning department already or is that?
Rick Nustad: No. We purchased drawings online and we reduced it.
Aller: Okay.
Rick Nustad: Literally there's going to be about 5 feet of room around inside the garage so it's
just strictly for storage.
Liz Nustad: Storing the fire truck.
5
Chanhassen Planning Commission — November 21, 2017
Rick Nustad: Out of the elements. And like I say we're willing to do whatever. You know we
talked when we, you mentioned about a single driveway versus a double. I'm sure it's possible.
It would have to be angled just to get the truck lined up to pull into the garage so.
Aller: How often is the truck actually out of storage and being used?
Rick Nustad: You know we might take it out every weekend. Every other weekend sometimes
in the summer and we do parades. We've done about a dozen parades and won trophies for it
and was very proud being in the 4'h of July parade in Chanhassen too.
Aller: Great. Any additional questions at this point in time? Commissioner Randall.
Randall: A question I wanted to ask MacKenzie about maybe doing something attached. Was
that ever a consideration for you guys?
Rick Nustad: You know I didn't really look at that. It would be where there would be a wall
between each one though right. Yeah we could do that.
Randall: The only reason I say that is because I ended up doing that on my garage and then I just
put another garage door in to divide them instead of doing out but you know just that might work
a little bit better. Cut down on the percentage. I mean we've got to do the numbers on it but you
know also too it might make it easier to tie utilities into that area too.
Rick Nustad: Sure.
Randall: You know I have a garage workshop too and I like having a room next to my vehicle.
You know if you want to run air tools and that type of thing too.
Rick Nustad: Right.
Randall: So I think some of those solutions might be, or some of those ideas might work a little
bit better but that was just my concern and then maybe linking the driveway up because it would
be that much closer.
Rick Nustad: Right. That makes good sense. Right now as the drawings were submitted there's
about 5 feet of our patio would remain between the two buildings but we can definitely look at
combining maybe.
Randall: That or another idea might be to re -conform your existing garage to accommodate it
and then add maybe a smaller area for your normal vehicles. That could be another thing too so
there's different ideas. I mean I think we can try to figure out something that will work for
everyone but yeah I wouldn't want to have to back that thing in on a curve or whatever.
T
Chanhassen Planning Commission — November 21, 2017
Rick Nustad: You know it's not like today's modem fire trucks that Mr. Atkins drives.
Randall: Thank you sir.
Rick Nustad: Thank you for your time.
Aller: The other question I have is, when were you looking at actually constructing it because
we're talking about potentially time investment and trying to come up with a different plan and
so I'm looking at alternatives here. Thinking of alternatives as to how we would want to
approach this for you.
Rick Nustad: You know if it was to pass this month we would look at probably starting in the
spring. I would take the time this winter to find a builder and I've dealt with vendors. I work for
the Foss Swim Schools so we deal with lots of vendors when it comes to construction and we
would find a reputable one of course and follow all of the rules and regulations but we've had it
sitting outside for 5 years so a few month months or 6 months would not hurt.
Aller: Okay great. Alright, thank you. Any additional questions? Thank you for your
presentation.
Rick Nustad: Thank you.
Liz Nustad: Thank you.
Aller: Okay at this point in time we're going to open up the matter for public hearing. If anyone
is actually here for this particular item and would like to speak either for or against the item
please come forward and state your name and address for the record and let us know what you
think. Yes sir.
Jack Atkins: Yeah, my name is Jack Atkins. I live at 220 West 78th Street so across Erie and on
the comer of Main Street and I want you to know we have no objections to them doing this and
we urge you to work with them to come to a solution. I think they're amenable to that. I do
want to point out, I don't know if you can see that. That's the garage that's kitty comer. That's
25 by 42 foot on a much smaller lot so it's not out of keeping with the neighborhood. I think this
pre -dates any zoning.
Aller: Right.
Jack Atkins: So from that standpoint. The other thing is there is an easement for where the
sanitary sewer goes through and there's an offer by the City to let us claim that or buy it or
something. I can't remember but they did not do that and that's another 8 foot by 60 feet on the
property that could be considered part of their.
7
Chanhassen Planning Commission — November 21, 2017
Aller: Right, if it was vacated.
Jack Atkins: Pervious land. And also is, on new developments is the setback from the center of
the street to the property line, is that 33 feet still?
Aanenson: To the property line is always to the property line.
Jack Atkins: No I'm talking about how wide is the easement from the center of the street?
Aller: Oh the city easement coming into the property. For access. City access.
Aanenson: Typically the right-of-way from the street is one definition and then there's typically
an easement in the front where utilities go but you can include utilities as part of your setback.
It's not in addition to so right-of-way is one definition of your property as your right-of-way.
Then typically inside the right-of-way there may be a utility easement around that or just for.
Jack Atkins: I was just curious because the City owns 33 feet from the center of the streets on
both sides of their property and I thought that might be 30 feet on new developments now.
Aanenson: Could be.
Jack Atkins: So that's.
Aanenson: But it also might be encumbered. There might be not an additional utility easement
along that too so.
Jack Atkins: Well I guess my point is that, it's old Chanhassen. 1887 and all of the lots are a
hardship so anything you can do to make this work for them we'd, the neighborhood would
appreciate it. Thank you.
Aller: Thank you. Thank you for your presentation. Anyone else wishing to come forward?
Seeing no one come forward at this point in time I'll close the public hearing on this item and
open it for discussion. Thoughts. I'm tempted to say it's premature and maybe we could offer or
request them to, what they can work out. Is that in line with everybody's thinking or are they
thinking something else? You can still grant it with conditions.
Tietz: Or grant approval with provisions and I think that's probably, even though construction
wouldn't start now probably til April or May depending upon the winter conditions, I think Mark
had a good suggestion of seeing if it could be attached which would make it, it might reduce a
modest amount of hard surface. That 5 foot kind of alley way between the proposed and existing
and as Mark stated there could be some benefits and I think there's still a benefit in, I don't see
how you could back a fire truck into that using the existing driveway so if it's just a parallel strip
Chanhassen Planning Commission — November 21, 2017
because it's infrequent use or pervious pavers or some sort. If those two issues could be dealt
with as a provision of approval I guess I would vote positively.
Aller: I guess my question would be how do we do that adequately so that they don't have to
come back again anyway.
Tietz: Well there's conditions on one of the options that it would be up to the City to, or staff to
review it and approve. Or see if it compiled. I don't know maybe that's inappropriate but just
do it that way.
Aller: That just again leaves it to other people and then what happens if they disagree and they
want to come back before us? I don't want them to come back a thousand times if we can avoid
that and it doesn't sound like anybody wants to particularly just deny it out of hand so. Thoughts
Commissioner Weick? I see you're in your pensive status.
Weick: Well no I think it's a genuine you know, it's obviously a genuine attempt to create a
structure that's in line with the existing house and the neighborhood. I really do appreciate the
signatures from the neighbors. That was a big question I had is what do the people around,
around the house think. I think that's the most important thing sometimes. I mean the codes are
also very important. The biggest thing for me, the setbacks don't bother me at all. It's just the
hard cover. It's a significant amount of hard cover and especially with the driveway. You know
that's a lot. I mean I don't know if you've been over there but the driveways will then sort of
become the primary, they're short. You know the house is relatively close to the street but that's
a lot of driveway. That's my biggest concern.
Aller: You're increasing a lot of runoff.
'Aleick: Yeah, yeah. I think it's nice to you know have this replace the existing shed that's there.
I think that will help visually with the neighborhood as well so, I like the idea. Just the only
concern I have is it's a lot of cover.
Aller: Okay.
Weick: And I'm not sure attaching or not attaching necessarily makes a big difference there.
Maybe it does. I'm just not, because to me it's the driveway. Again I get back, it's the driveway
that makes it, that seems like more than what's needed.
Aller: Okay. Any other? Commissioner Madsen?
Tietz: Andrew, yeah oh I'm sorry Nancy. Go ahead.
Madsen: Go ahead.
6
Chanhassen Planning Commission — November 21, 2017
Tietz: Just looking at the engineer's plan it looks like the land does slope to the southeast and if
the indication was to take the drainage off of the new structure to the southeast, excavation could
occur in that comer which could in a sense create a rain garden of sorts and contain that, that
additional hard surface runoff in that area. I think we're requiring that on a number of projects
now and this would not be out of the ordinary to request that. Yes there's probably some re-
grading that's going to have to be done for the footings and slab anyhow and this might be an
opportunity to just create a holding area in that comer. You know this is a very small site in an
old neighborhood and I think our current requirements are very difficult to assign to a site, an
area, a neighborhood like this so I think doing what we can to help make this possible is in the
City's best interest and I think we should seriously consider it. That southeast comer looks like
it's a potential. I don't know MacKenzie if that's been looked at.
Aller: And when I looked at it originally I didn't think it comported with the neighborhood
because by the nature and the testimony that we have, the other garages and the other variances
were basically for what we have deemed. to be kind of the standard in our community which is to
have a house with a two car garage. Whether it be attached or detached but it's for vehicle use
and for regular household storage that's in and out. However they use that but typically we've
expanded from one to two or to have two. Now we have two so when we look at what's the
reasonable use of the property in the neighborhood, we're not necessarily looking at creating so
that, creating variances even though they're small plots and lots to turn around and say well
we're going to give a variance so everyone can have an accessory structure which exceeds our
requirements. So to me it was super important that they came in, because that was one of my
questions is how are the neighbors going to feel about this so I was happy to hear that the
neighbors are involved and are looking at this in a positive fashion and want to promote this
utilitarian use of the property. And then the question is how do we get there to minimize if we're
going to allow for a variance how do we minimize that because I think that's what our
obligations are to make sure that it's the smallest possible variance that would meet the request.
So how do we go about doing that and if we want to do that today or do we want to have
everybody do homework and come back?
Madsen: I share your concern on the size and scale of the building. I think it's a wonderful idea
to restore the fire truck and what you do in a community with it. Thank you for bringing in the
picture of the one other storage building that is in the neighborhood but I'm just not sure that a
residential neighborhood is the best fit for lots of storage buildings so if we do grant this
variance, and more other neighbors have uses for storage buildings I'm not sure that's the, what
the residential area was intended to have so I do struggle with that but I do appreciate you
bringing in the list of the neighbors who are for this facility to store the truck but I struggle with
that.
Randall: I guess I would like to kind of table it and have them work on it some more. I don't
know if they came up with a different plan that used less variance and maybe a rain garden or
whatever. Some of those solutions might be, do they have to re -apply for all of this stuff?
10
Chanhassen Planning Commission — November 21, 2017
Aller: That was what was my next question.
Aanenson: No.
Aller: They would have to sign an extension correct to have it decided.
Aanenson: Yeah they can give us an extension so they could, you could table and since they're
not ready to construct right away we need some time to work on it.
Aller: Right. That's why I was asking what their timetable was to see whether or not it would
be an appropriate alternative.
Randall: It would be easier if you were into motorcycles than fire trucks but I'm just giving you
a hard time.
Rich Gavert: Can I say something?
Aller: You know we closed the public hearing on this but in the spirit of going ahead and hear
you but why don't you come up so it's on the record. Come up and state your name and address
for the record.
Rich Gavert: Rich Gavert, 7701 Frontier Trail. The building, the garage so to speak that Jack
and Rick showed you pictures of, that's nothing but storage. I've been here 42 years and it's,
never see a car coming or going out of that so the precedence has more or less been set.
Aller: Well thank you. Thank you.
Aanenson: That's an original building. There's no house with it. It's been there forever and it's
not being used as a business or anything. It's just sitting out there so it's an anomaly. We've got
that in other parts of the city. It's not a new one that someone's trying to put a boat in or
something like that. It's being used as storage so. We recognize that that's a.
Aller: And I recognize and I think the commissioners recognize the fact that the present building
is non -conforming so. What we're doing is replacing a non -conforming use with a...
Tietz: I think if we are taking this back for ftirther study, you know there's a lot of time and
investment and I'm sure there's some engineering time that's going to go into this too. I don't
want someone to go away and think that all these changes or proposed changes and they look at
it, that then they come back and it gets denied so I think it's very important that we are giving
positive direction and hopefully in working with staff that it come back with a solution that then
we will find acceptable.
I I
Chanhassen Planning Commission — November 21, 2017
Randall: I think some of the things that are important too for the homeowner are going to be to
determine the minimum space that they need for this fire truck. Whether it be it's operation and
storage, whatever. By having the minimums down that will give us the minimum that they have.
That they can work with and find a solution to the problem so I just want to put that on the
record.
Aller: And it sounds like they're doing a good job of that now but there are things that haven't
been considered. The fact that they could use the existing and expand the existing or attach it
and there are different alternatives that really should be looked at in order to make sure that we
can feel comfortable in granting one because it would be at a minimum level. So with those
comments would anyone like to make a motion on this item?
Randall: Make a motion to table it, is that what it would be?
Aller: Yeah.
Randall: I'd like to make a motion to table this variance request. Dol haveto set atime line
with that also?
Aanenson: Chair for the record, the 60 day is the 191h of December but we would ask for another
60 days which we can if they're agreeable to that and then we can certainly have it accomplished
within that timeframe.
Aller: So that would be the 19th of February.
Aanenson: Yeah. Any time between then and now that they can get, yep.
Aller: Right and that would.
Aanenson: Ale'll just put them back on the agenda.
Aller: What happens is we're required to, the City's required to make a decision before a certain
time line runs and that's 60 days so in order for us to allow for other communication and
discussion to go forward we have to move that back so that we don't, otherwise we would have
to deny it and then appeal it and do all that other stuff so this way we're just, if the motion was to
carry then we'll just be moving that date out with your agreement to say that we've got the
additional time to make that decision based on your application and then you can amend your
application based upon your discussions and we can have another hearing and hopefully put this
thing to rest. Okay. So we have a motion. Do I have a second?
Madsen: Second.
Aller: Having a motion and a second.
12
Chanhassen Planning Commission — November 21, 2017
Randall moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments
table Planning Case 2017-20 after receiving written agreement for a 60 day extension. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
Aller: That motion carries. Do we have a form currently that we can print out?
Aanenson: I think we can just ask for the 60 days. We're within our rights to ask for 60 days so.
Aller: Okay. Thank you.
PUBLIC HEARING:
204 WEST 78 TH STREET: VARIANCE FOR HARD SURFACE COVERAGE AND
FRONT YARD SETBACK.
Aller: Is that you?
Walters: Yes it is.
Aller: Thank you MacKenzie.
Walters: So this is Case 2017-21. 204 78th Street West. This is a variance request. They're
requesting a 3 foot, an after the fact variance for a 3 foot front yard setback to accommodate a
pergola and an after the fact for 1.5 percent lot coverage for an expanded driveway. This is in
the same neighborhood as the last variance we heard. Let me get my laser pointer up here. The
property is located here. The zoning is the same. The only change, the relevant condition is
because this property accesses a collector road our ordinance does require it to have a turn
around accommodated within the driveway. The current site conditions are it's an 8,981 square
foot lot. It currently has 28.3 percent lot coverage. The existing front yard setback is 27 feet. It
meets all other setbacks and as a bit of an anomaly the public sidewalk is actually located on the
property instead of in the right-of-way and that's about 214 square feet of impervious surface.
The applicant is requesting to retain an expanded driveway and retain the pergola in It's existing
configuration. The applicant has stated that when the house was constructed about 10 years ago
the sidewalk was poured in a different position than intended right up against the house so that
forced the pergola footings to be further forward which pushed it out into the required front yard
setback. And then due to the difficulty of accessing 78th Street West they chose to deviate from
the proposed driveway and widen it. The other reason they made that decision the construction
was because 78 th Street does not allow street parking so they wanted to accommodate some on
site parking. After the property was built they had originally put an extra 385 square feet of
Class V aggregate or gravel to the side of the driveway. After consulting with staff they did
remove that to reduce the property's non-compliance. As was noted in earlier discussions a lot
of properties in this neighborhood do encroach within the front yard setback and they feel the
pergola adds architectural interest to the front faqade. When staff looked it over one of the things
13
CITY OF CHANHASSEN
PC DATE:
November 21, 2017
CC DATE:
December 11, 2017
REVIEW DEADLINE: November 9,2017
CASE#: 2017-20
BY: MW
I PROPOSED MOTION: I
"The Chanhassen Board of Appeals and Adjustments denies a I 0 -foot west front yard setback, a
4.3 -foot south front yard setback, a five-foot rear yard setback, a 12.4 percent lot coverage, and a
second driveway access variance for the construction of a detached garage, and adopts the
attached finding of Facts and Decisions."
(Note: A motion for approval and appropriate findings of fact are also included at the end of the
report.)
SUMMARY OF REQUEST:
The applicant is requesting a variance from their property's 30 -foot required front yard setbacks,
10 foot rear yard setback, 25 percent lot coverage limit, and one driveway per residential parcel
restriction in order to build a detached garage to house a 1969 Mack Firetruck. The proposed 700
square foot garage would maintain the home's current nonconforming 20 -foot west front yard
setback, would encroach 4.3 feet into the southern front yard setback from the alley right of way,
would encroach five feet into the property's rear yard setback, would increase the property's lot
coverage from its current nonconforming 28.3 percent to 37.4 percent, and would require a
second driveway access. Due to the firetruck's size, they cannot store it in the existing garage.
LOCATION: 7721 Erie Ave
(PID 250500210)
OWNER: Rick & Elizabeth Nustad
7721 Erie Avenue
Chanhassen, MN 55317
PRESENT ZONING: RSF
2030 LAND USE PLAN: Residential Low
Density
ACREAGE: .19 acres DENSITY: NA
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
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 2 of 9
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The homeowners' own a 1969 Mack Firetruck which they
use for parades in this and surrounding communities. They
are currently storing the firetruck off site at an outdoor
storage facility; however, they would like to store it indoors
and restore it. Due to the size of the firetruck, their existing
18.7 foot by 22.5 -foot garage cannot accommodate it, and
they would need to construct a 20 foot by 35 -foot garage
and second driveway to facilitate on site storage.
The applicant has noted that their lot was plated before
current zoning requirements were enacted and that it is
significantly smaller than the minimum size required for
lots zoned Single Family Residential District. They have
stated that the substandard nature of their lot is the primary
reason why they require a variance in order to construct the
proposed accessory structure.
The property owners have expressed their intention to
construct a detached garage that matches the existing house and fits into the existing character of
the neighborhood. They feel that there are other similarly sized garages in the area, and believe
that their neighbors are supportive of the proposed variance.
APPLICABLE REGULATIONS
Chapter 20, Article 11, Division 3, Variances
Chapter 20, Article 11, Division 4, Nonconforming Uses
Chapter 20, Article XII. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-904. Accessory Structures
Chapter 20, Article XXIII, Division 1, Generally
Section 20-908. Yard Regulations
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122. Access and Driveways
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The property owners have expressed their intention to
construct a detached garage that matches the existing house and fits into the existing character of
the neighborhood. They feel that there are other similarly sized garages in the area, and believe
that their neighbors are supportive of the proposed variance.
APPLICABLE REGULATIONS
Chapter 20, Article 11, Division 3, Variances
Chapter 20, Article 11, Division 4, Nonconforming Uses
Chapter 20, Article XII. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-904. Accessory Structures
Chapter 20, Article XXIII, Division 1, Generally
Section 20-908. Yard Regulations
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122. Access and Driveways
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 3 of 9
BACKGROUND
County records indicate that the home was built in 1959. The city does not have any information
on this property prior to 1979.
On May 28, 1999, the current owner bought the house.
SITE CONDITIONS
The property and surrounding neighborhood
is zoned Single -Family Residential (RSF).
This zoning district requires lots to be a
minimum of 15,000 square feet, have front
yard setbacks of 30 feet, rear yard setbacks
of 30 feet, side yard setbacks of 10 feet, and
limits lot coverage to a maximum of 25
percent of lot area. Residential structures are
limited to 35 feet in height. Accessory
structures are limited to 20 feet in height,
may not occupy more than 30 percent of the
area of a rear yard, may not exceed 1,000
square feet, and must be located within the
buildable lot area or meet stipulated
accessory structure setbacks.
The lot is an 8,529 square foot lot that currently has 2,417 square feet of impervious surface
resulting in 28.3 percent lot coverage. The lot technically has 3 front yard setbacks due to a
plated alleyway to the south, even though the alley is not physically present. The existing house
is setback 20 feet from the western front lot line and the existing attached garage is setback 25.1
feet from the western front lot line. The house and attached garage are substantially in
compliance with all other setbacks. There is also an existing shed which is setback
approximately six feet from the rear property line and approximately 17 feet from the southern
front property line. The location of the house, attached garage, shed, and site's lot coverage are
considered nonconforming uses.
NEIGHBORHOOD
St. Hubertus/City lots qf Chanhassen
The plat for this area was recorded in
October of 1887. Residential lots in
this neighborhood vary between. 16
and .39 acres. The larger lots are the
results of lots being split and merged
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 4 of 9
to adjoining properties after the original plat was filed. The lots retaining their original
dimensions appear to average around .20 acres. Due to the predominately small lot sizes and age
of the structures, detached garages are common, and many properties in the neighborhood do not
meet the required setbacks and exceed 25 percent lot coverage.
Variances within 500.feet:
1979-13 201 Chan View: Approved- five-foot side and 25 -foot rear yard setbacks (detached
garage)
1980-05 203 '/2Chan View: Approved- five-foot side and 20 -foot rear yard setbacks (detached
garage)
1983-13 222 Chan View: Approved- seven -foot side yard setback (attached garage)
1985-06 7725 Frontier Trail: See 1988-10
1986-05 202 W 77h Street: Approved- two -foot side yard setback (detached garage)
1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert I car garage to 2
car garage)
1999-06 226 Chan View: Approved- 18 -foot front yard setback (addition) and 10 -foot front yard
setback (detached garage)
2001-01 220 W 78 th Street: Approved- 21.5 -foot front yard setback (addition)
2004-39 222 W 78" Street: Approved- 26.2 -foot front yard setback to intensify existing non-
conformity (front canopy with supports)
ANALYSIS
West Front Yard Setback
The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due
to structures being located excessively close to the road, to ensure the presence of greenspace, and
to provide sufficient driveway length to accommodate off street parking. The existing house has a
20 -foot setback from Erie Ave and its attached garage has a 25 -foot setback. The proposed detached
garage would have a 20 -foot setback from Erie Ave. Since the garage needs to be 35 feet deep to
accommodate the fire truck and the lot is only sixty feet deep it would be impossible design a
garage that could store the fire truck while meeting the required front yard setback.
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 5 of 9
Many of the lots in the St. Hubertus; subdivision do not meet the city's minimum RSF lot
dimensions of 90 feet of frontage and 125 feet of depth. Of the 47 properties within 500 feet of 7721
Erie Avenue, 3 have applied for and received variances from the required front yard setbacks.
South Front Yard Setback
There is a city owned right of way for the construction
of an alley to the south of the applicants' property.
The presence of this right of way means that the
zoning code requires a 30 -foot front yard setback be
maintained from the southern property line. No
alleyway is present within this right of way, there are
no plans to construct an alleyway in this location, and
it appears that part of the eastern section of the alley's
right of way was vacated.
There is an existing shed located entirely within the
southern front yard setback, and the neighbor's shed is
located partially within the alley's right of way.
Throughout the neighborhood multiple houses,
garages, and sheds are located within the 30 -foot
setbacks of the subdivision's empty right of ways.
The proposed detached garage would be 26.7 feet
from the southern lot line and 42.7 feet from the
neighbor's property. If not for the alley's right of way,
the property would be subject to a I 0 -foot side yard
setback along the southern property line.
Rear Yard Setback
Since the lot is bordered on three sides by streets
and/or public right of way, its rear yard is subject to a
I 0 -foot setback rather than the standard 30 -foot rear
yard setback. I he proposed detached garage would be
setback five feet from the rear lot line. An existing 96 square -foot shed is setback approximately six
feet from the rear lot line, which the applicant plans to remove as part of this project. Due to the size
of the firetruck and narrowness of the lot, it is not possible to construct a garage that could
accommodate the firetruck within the required setbacks.
The city requires rear yard setbacks and limits the percent of the rear yard which can be occupied by
an accessory structure in order to ensure a minimum amount of greenspace and balance the interests
of the property owner with that of their neighbors. In this instance, the orientation of the
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yard setback. I he proposed detached garage would be
setback five feet from the rear lot line. An existing 96 square -foot shed is setback approximately six
feet from the rear lot line, which the applicant plans to remove as part of this project. Due to the size
of the firetruck and narrowness of the lot, it is not possible to construct a garage that could
accommodate the firetruck within the required setbacks.
The city requires rear yard setbacks and limits the percent of the rear yard which can be occupied by
an accessory structure in order to ensure a minimum amount of greenspace and balance the interests
of the property owner with that of their neighbors. In this instance, the orientation of the
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 6 of 9
neighboring houses means that the proposed location of the detached garage would not be expected
to negatively impact the adjacent properties.
Many properties in this neighborhood have been unable construct accessory structures that meet the
required setbacks. Of the 47 properties within 500 feet, five have been granted side and/or rear
setback variances for the construction or expansion of garages.
Impervious Sur
face
The city limits the amount of lot cover which can be installed on a property in order prevent
stormwater issues and negative impacts to the surrounding properties caused by increased volumes
and rates of runoff during rain events. The city's engineering staff has noted that this area of the city
does not meet current stormwater treatment standards and that it has a history of street flooding.
They have stated that allowing the property to further increase its lot coverage will increase
stormwater runoff in an under -treated neighborhood that has known flooding.
The proposed plan would increase the property's lot coverage to 37.4 percent by adding an
additional 773 square feet of impervious surface. The property currently exceeds the RSF district's
limit of 25 percent lot coverage by 285 square feet, 3.3 percent. The applicant is proposing to
remove a 97 squai foot shed and I 10 square feet of patio to
reduce the amount of impervious surface on the property-,
however, constructing the attached garage will cause the
property to exceed its allowed lot coverage of 2,132 square feet
by 1,058 square feet.
The applicant has noted that their 8,529 square foot lot is
significantly smaller than the 15,000 square feet required in the
RSF district, and that applying the 25 percent lot coverage
standard to such a small lot significantly restricts their ability to
improve the property. While this is true, the property currently
has a single family home, a two -car garage, and a patio with
28.3 percent allowed lot coverage due to its nonconforming use
status. These features constitute reasonable use for a property
zoned single family residential. Furthermore, the city's highest
density detached single family residential district, RLM, which
allows for similarly sized lots, 9,000 square foot minimum, only
permits 35 percent lot coverage. The proposed project's lot
coverage exceeds even this threshold and the St. Hubertus
subdivision has none of the land dedications or storinwater
infi-astructure designed to offset the increased amount of lot
coverage permitted in RLM.
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reduce the amount of impervious surface on the property-,
however, constructing the attached garage will cause the
property to exceed its allowed lot coverage of 2,132 square feet
by 1,058 square feet.
The applicant has noted that their 8,529 square foot lot is
significantly smaller than the 15,000 square feet required in the
RSF district, and that applying the 25 percent lot coverage
standard to such a small lot significantly restricts their ability to
improve the property. While this is true, the property currently
has a single family home, a two -car garage, and a patio with
28.3 percent allowed lot coverage due to its nonconforming use
status. These features constitute reasonable use for a property
zoned single family residential. Furthermore, the city's highest
density detached single family residential district, RLM, which
allows for similarly sized lots, 9,000 square foot minimum, only
permits 35 percent lot coverage. The proposed project's lot
coverage exceeds even this threshold and the St. Hubertus
subdivision has none of the land dedications or storinwater
infi-astructure designed to offset the increased amount of lot
coverage permitted in RLM.
Planning Commission
7721 Erie Avenue Variance – Planning Case 2017-20
November 21, 2017
Page 7 of 9
Second Driveway Access
The city limits residential properties to a single
driveway access in order to prevent a high
density of driveway accesses along roads serving
residential districts and the 2030 Comprehensive
Plan espouses a minimum spacing of at least 40
feet between driveways. These limits exist to
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Vievent possib e pub c satuty %, bau%;a
that can emerge from a high concentration of closely spaced driveways, and also from aesthetic
considerations involving insuring adequate greenspace and providing for an appealing viewscape in
residential neighborhoods. A final reason for the existence of the one driveway ordinance is that it
deters individuals from using large detached accessory structures to house home occupations in
violation of city ordinances.
The applicant's proposed use of the detached garage is not anticipated to create public safety or
traffic issues, and the storage of the fire truck within the garage would preclude its being used to
house a business; however, the requested variance would allow for that structure and its driveway to
exist in perpetuity. Permitting a second driveway access to an oversized detached garage could lead
to future issues with businesses being run from the garage, and establishes a precedent of allowing
multiple driveways to provide access to detached garages. A visual survey of aerial photos found
two properties in the St. Hubertus subdivision with a nonconforming second driveway access.
Staff believes it is possible to provide access to the proposed garage via the existing driveway
which would remove the need for a second driveway access variance.
Impact on Neighborhood
St. Hubertus is one of the oldest subdivions in the city and aerial photos show that many, if not
most, of the properties in the neighborhood do not conform to current setback or hardcover
standards. Staff is aware of eight separate variances being granted to properties within 500 feet of
the applicants, and six of those where for the construction of garages; however, the garages
variances were granted to properties that either did not have existing garages or which wished to
expand single stall garages to two stall garages.
Detached garages within the St. Hubertus subdivision tend to be located in the rear yard, and staff
could find only one example of a similarly sized and situated detached garage. Staff also found two
single stall garages positioned roughly parallel to the principle structures front yard setback, and two
properties where the principle structure is setback behind the detached garage.
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 8 of 9
While the distance of the proposed garage from the street would not be atypical of the area nor
would the presence of a detached garage, staff could only find two other properties with both an
attached and detached garage. In both cases, the garages were served by a single driveway.
If the garage was designed and constructed in the manner proposed by the applicant its appearance
would not be out of character for the neighborhood; however, the presence of multiple garages and
driveway accesses is not typical for the area.
St. Hubertus Planimetric
Note: Darker red is existing buildings, lighter red is existing driveway, darker blue is proposed
garage, lighter blue is proposed driveway, and red X is the shed to be removed.
SUNUMLARY
The applicant wishes to construct a detached garage which would be located within multiple
required yard setbacks, requires a second driveway access, and would increase the property's
impervious surface coverage beyond what is permitted in its zoning district. The purpose of the
garage would be to house an antique firetruck. The small size of the applicants' lot severely
restricts their ability to improve the property.
The applicant currently has reasonable use of the property and many lots zoned for single-family
detached homes cannot accommodate the storage of large pieces of equipment. The proposed
project will increase the property's impervious surface and stormwater runoff in a neighborhood
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 9 of 9
with a history of street flooding and allowing a second driveway access would be inconsistent
with what is already present within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission deny the request for a I 0 -foot west front yard
setback, a 4.3 -foot south front yard setback, a 5 -foot rear yard setback, a 12.4 percent lot
coverage, and a second driveway access variance for the construction of a detached garage, and
adopts the attached finding of Facts and Decisions.
Should the Planning Commission approve the variance request to construct a detached garage to
house the firetruck, it is recommended that the planning Commission adopt the following motion
and attached Finding of Fact and Decision:
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a I 0 -foot
west front yard setback, a 4.3 -foot south front yard setback, a five-foot rear yard setback, a 12.4
percent lot coverage, and a second driveway access variance for the construction of a detached
garage, subject to the conditions of approval and adopts the attached finings of Facts and
Decisions:
I . The applicant must apply for and receive a building permit.
2. Projections on must comply with fire -resistance construction found in the IRC Table
R302.1(l)
3. Detached structure will need to comply with wall bracing requirements found in
R602. I 0(lRC)
4. Detached garage must be architecturally compatible with existing house and match
color.
5. Applicant shall submit scale copy of existing and proposed plans.
6. Applicant shall work with staff to revise their design toward minimizing the amount
of impervious surface.
7. Applicant shall construct stormwater BMP's) to treat all runoff created by all
impervious surface over 25 percent lot coverage.
ATTACHMENTS
1. Finding of Fact and Decision Approval
2. Finding of Fact and Decision Denial
3. Development Review Application
4. Public Hearing Notice Mailing List
5. 171121 Eng Memo
G:\PLAN\2017 Planning Cases\ 17-20 7721 Erie Avenue VAR\Staff Report -7721 Erie Ave—PC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setbacks, I 0 -foot rear yard setback, 25 percent lot coverage limit, and one driveway
per residential parcel restriction in order to build a detached garage on a property zoned Single
Family Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findinas — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: It is the intent of the City Code to allow for residential homeowners to be able
to store vehicles and possessions on site, and, in many instances, the City Code requires
these items to be stored indoors. Construction a detached garage to facilitate the storage
of a vehicle is in harmony with the general purposes and intent of the city's zoning code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Due to the substandard size of the applicant's lot there is no possibility for them
to construct a detached garage to house the firetruck with the bounds established by the
city's zoning code. The resident's goal of construction a single accessory structure to
facilitate the storing of a collector's vehicle onsite is reasonable.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for a detached garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is a substandard lot plated in 1887.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the oldest neighborhoods in the city and large detached garages
which do not conform to the existing zoning ordinances are fairly common. Allowing the
construction of the proposed detached garage will not significantly alter the
neighborhood's character.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a
10 foot west front yard setback, a 4.3 foot south front yard setback, a 5 foot rear yard setback, a
12.4 percent lot coverage, and a second driveway access variance for the construction of a
detached garage, subject to the conditions of approval and adopts the attached finings of Facts
and Decisions:
I . The applicant must apply for and receive a building permit.
2. Projections on must comply with fire -resistance construction found in the IRC Table
R302. 1 (1)
3. Detached structure will need to comply with wall bracing requirements found in
R602. I O(IRC)
4. Detached garage must be architecturally compatible with existing house and match
color.
5. Applicant shall submit scale copy of existing and proposed plans.
6. Applicant shall work with staff to revise their design toward minimizing the amount
of impervious surface.
7. Applicant shall construct stormwater BMP's) to treat all runoff created by all
impervious surface over 25 percent lot coverage.
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
M
CITY OF CHANHASSEN
Chairman
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIED)
IN RE:
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setbacks, I 0 -foot rear yard setback, 25 percent lot coverage limit, and one driveway
per residential parcel restriction in order to build a detached garage on a property zoned Single
Family Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The city regulates lot coverage in order to manage stormwater runoff.
Allowing a property zoned for 25 percent impervious surface coverage to add an
additional 12.4 percent lot coverage is not in harmony with the codes intent in limiting
residential lot coverage.
It is the city's intent in limiting residential properties to a single driveway access to
prevent the creation of property configurations that encourage the proliferation of illegal
home occupations. Permitting a large detached structure with an independent driveway
access to be constructed in a single-family residential district is contrary to that intent.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not pennitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The parcel has detached single family home, two -car garage, and patio which
allows for reasonable use of a property zoned for residential single-family use. The
inability of the parcel to accommodate the storage of a large collector's vehicle is not a
practical difficulty.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for a detached garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The applicant purchased the firetruck subsequent to their purchase of the home.
The need for a large accessory storage building on the lot is the result of their purchasing
the firetruck.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Permitting the construction of a second garage served by a second driveway
access would not be in character with the surrounding neighborhood.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments denies a 10 foot west front yard
setback, a 4.3 foot south front yard setback, a 5 foot rear yard setback, a 12.4% lot coverage, and
a second driveway access variance for the construction of a detached garage, and adopts the
attached finding of Facts and Decisions."
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
CITY OF CHANHASSEN
BY:
Chairman
2
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317 MY OF CHONSEN
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: '0 - k_7PC Date: 0 1-7 CCDate: 60 -Day Review Date:
Section 1: Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
El Comprehensive Plan Amendment ......................... $600
0 Minor MUSA line for failing on-site sewers ... �$100
Conditional Use Permit (CUP)
El Single -Family Residence ................................ $325
El All Others ......................................................... $425
El Interim Use Permit (IUP)
ED In conjunction with Single -Family Residence .$325
El All Others... ............................. ... . . ....... . .. ... $425
EJ Rezoning (REZ)
Ll Planned Unit Development (PUD) .................. $750
El minor Amendment to existing PUD ................. $100
ElAll Others ......................................................... $500
El Sign Plan Review ................................................... $150
El Site Plan Review (SPR)
El Administrative .............................. ..... ... .. $100
El commercial/industrial Districts . ................... .. $500
Plus $10 per 1,000 square feet of building area:
thousand square feet)
number of ex/stingemployees
*Include number of new employees
Residential Districts ...... ......... ....................... $500
Plus $5 per dwelling unit ( units)
E] Subdivision (SUB)
El Create 3 lots or less ...................................... . S300
El Create over 3 lots ........... ........... $600 + $15 per lot
lots)
Metes & Bounds (2 lots) ............................ ..... $300
Consolidate Lots ............ ................................. $150
Lot Line Adjustment ......................................... $150
EJ Final Plat, ......................................................... $700
(Includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Notification Sign (City to install and remove) .................................................................................................................. (j2:�O
Property Owners' List within 500' (City to generate after pre -application meeting) ............. $3 pe��Ss
Escrow for Recording Documents (check all that apply) .................................................................... dd-o
El Conditional Use Permit El interim Use Permit El Site Plan Agreement
vacation �] Variance [_1 Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) Easements( easements) 4 % rs 00
TOTAL FEE:
Description of Proposal: J),_"
Property Address or Location:
Parcel #:
to h0054E_ vice
Legal Description: .
Total Acreage: — Wetlands Present?
Present Zoning: Select One
Present Land Use Designation Select One
Existing Use of Property:
El Check box is separate narrative is attached
2 r% . 1.0 t I
El Yes F1 No
Requested Zoning: Select One
Requested Land Use Designation: Select One
Vacation of Easements/Right-of-way (VAC) ........
$300
(Additional recording fees may apply)
Variance (VAR) ................................................. - C$200
Wetland Alteration Permit (WAP)
El Single -Family Residence ...............................
$150
[_1 All Others ......................................................
$275
Zoning Appeal ......................................................
$100
El
Zoning Ordinance Amendment (ZOA) ................
$500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Notification Sign (City to install and remove) .................................................................................................................. (j2:�O
Property Owners' List within 500' (City to generate after pre -application meeting) ............. $3 pe��Ss
Escrow for Recording Documents (check all that apply) .................................................................... dd-o
El Conditional Use Permit El interim Use Permit El Site Plan Agreement
vacation �] Variance [_1 Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) Easements( easements) 4 % rs 00
TOTAL FEE:
Description of Proposal: J),_"
Property Address or Location:
Parcel #:
to h0054E_ vice
Legal Description: .
Total Acreage: — Wetlands Present?
Present Zoning: Select One
Present Land Use Designation Select One
Existing Use of Property:
El Check box is separate narrative is attached
2 r% . 1.0 t I
El Yes F1 No
Requested Zoning: Select One
Requested Land Use Designation: Select One
I Section 3: Property Owner and Applicant Information I
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct
Namei
Contact
Address:
Phone�
City/State/Zip:
Cell�
Emai[
Fax:
Signature:
Date
PROPERTY OWNER: In signing this application. 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods 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. I certify that the information and exhibits submitted are true and correct
Name: It V-- P I'. '7rlk'-I� Contact )ZI C1
Aciclress� -7-7at —t- r- e C TN %'% Co- Phone:
City/State/Zip- C'. �eN rf-, Cell� --)J7
Email o-�'k'A-"Ar E- 0-LiryXXA , Com Fax�
Signature� k-1,11 At.9�11T Date
PROJECT ENGINEER (if applicable)
Name, Contact
Aciclress� Phone:
City/State/Zip. Cell:
Email: Fax
Section 4: Notification Information
Who should receive copies of staff reports?
*Other Contact Information:
El
Property Owner Via,
Email
Mailed Paper Copy Name.
Applicant Via:
Email
Mailed Paper Copy Address:
Engineer Via:
F1 Email
El Mailed Paper Copy Cdy/State/Zip:
El
Other* Via:
[:] Email
L Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device PRINT FORM and deliver to city along with required documents and payment SUBMIT FORM to send a digital
copy to the city for processing (required). I SAVEFORM -1 [ PRINT FORM I I SUBMIT FORM I
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6.A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13. our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6.C. purpose for variance for garage is to house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.1). We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure .
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debris,junk,parts,etc. the outside will be clean and
well kept and landscaped.
SEPTEMBER 13, 2017
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK. WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE,
MOUND AND WE WERE IN THE 2015 4 TH OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO
FOR A VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MY CURRENT JOB AS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT.
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
OFCAANHAS�;E'j,
RECM E.'
off, 2 , 201 -1
� "Af,H- SSE!% PL." NING ;��'j
LEGAL DESCRIPTION:
Lot 12. Block 2, City Lots ofChanhasscn. Carver County, Minnesota.
SCOPF OF WORK & LIMITATIONS:
I Showing the length and direction of boundary lines or the legal clm-ription listed
above. The scope of' our services does not include determining what you own,
which is a legal matter. Please check the legal description with your records or
consult with competent legal counsel. it' necessary. to make sure that it is correct and
that any matters of record. such as ca%emcnls. that you wish to be included on the
qtir%,cy have been shown.
2, Showing the location of observed existing improvements we deem necessary for the
Survey.
3. Setting Survey markers or verifying existing survey markers to establish the corners
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface crIverage of the lot for your rc%,ic%% and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction,
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we arc not as familiar with your
proposed plans as you. your architect. or the builder are. Rcvic%% our proposed
location of the Improvements carefully to verif� that they mnich your plans before
construction begins. Also, we are not as familiar with local codes and minimum
requirements as the local building and 7oning officials in this community are. Be
.sure to show this survey to said officials. or any other officials that may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the property.
8 This survey has been completed without the benefit of a current title commitment.
There may bc existing easements or other cncumbranm that would be rcvcalcd by a
current title commitment. Therefore, this survey does not purport to show any
casements or encumbrances other than the ones sho%vn hereon.
STANDARD SYMBOLS & CONVENTIONS:
"it" Dencites iron survey marker, set. unless otherwise noted,
PROPOSED HARDCOVER
HOUS E 1,528 SO, FT.
PROPOSED GARAGE 700 SO. FT.
EXISTING DRIVEWAY 314 SO, FT.
PROPOSED DRIVEWAY 280 So. FT '
CONC. WALK!APRONIPATIO 368 SO. FT.
TOTAL PROPOSED HARDCOVER 3,190 SO. FT.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 37,4%
T-
BENCHMARK -
SOUTH RIM OF ChWIV VMF
MA�HOLE ELEV-965.7
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EXISTING HARDCOVER
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SHED 97 SO. FT
DRIVEWAY 314 SO. i -I
CONIC. WALK/APRON/PATIO 478 SO. FT
TOTAL EXISTING HARDCOVER 2,417 SO. FT
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 28.3-,
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LEGAL DESCRIPTION:
Lot 12. Block 2, City Lots ofChanhassen. Carver Couniv, Minnesota.
T -
SCOPE OF WORK & LIMITATIQNS�
CffW V FlEr
7 Showing the length and direction of boundary lines of the legal description listed
SOUTH RIM OF
MANHOLE ELEV-965.7
above. The scope 01' OUT services does not include determining what you own.
which is a legal matter, Please check the legal description with vour records or
consult with competent legal counsel, if necessary. to make sure that it is correct and
that any matter% of record, such as casements. that you wish to be included on the
I
survey have been shown.
N 89'25'03- EQ
2. Showing the location of observed existing improverrucrits we deem necessary for file
Survey.
0
3. Setting survey markers or verifying existing Survey markers to establish the comers
of the property
I
4. Existing building dimensions and setbacks measured 10 Outside ofsiding or stucco.
5. Showing and tabulating Impervious surface coverage of the lot for your revie% and
for the review of such goverrimental agencies that may have jurisdiction over these
requirements to verify they arc correctly shown before proceeding with construction.
#46
6. Showing elevations on the site at selected locations to give some indication of the
2117 1410
topography of' the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
..........
to the benchmark provided on this survey, Use that benchmark and check at least
one other feature shown on the survey when determining other ele%ations for Use on
it
this site or before beginning construction.
7.
This survey has been completed without the benefit of a current title commitment.
IN
9661
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cuffcnt title commitment. Therefore, this survey does not purport to show any
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casements or encumbrances other than the one,; shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
-4.
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FT.
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AREA OF LOT 8,529 SO.
FT.
LOT COVERAGE 28.3%
IRON
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LIATIE0KAFtE0 OCTOQERII,�017
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943503 OCTOBER 11, 2017
CUIU � PAYS
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S1
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
1, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
November 9, 2017 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 request for
second driveway access, hardcover, front yard setback, and rear setback for a garage
addition on property zoned Single Family Residential (RSF) and located at 7721 Erie
Avenue to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such owners in
the United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this--T-dayof tJ=Anobo, 2017.
jN Public
+y
Kim Me wissen, Depukc— lerk
JENNIFER ANN POTTER
0 ry PU ft
Notary Public-Mhnesota
wat W 'am
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Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for second driveway access, hardcover, front yard
Proposal:
setback, and rear setback for a garage addition.
Applicant:
Rick & Elizabeth Nustad
Property
7721 Erie Avenue
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
1 . Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-20. If you wish to talk to
someone about this project, please contact MacKenzie
Walters by email at mwaltersCcDci.chanhassen.mn.us or by
Questions &
phone at 952-227-1132. If you choose to submit written
Comments:
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations. Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearng 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 dose the
public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings. land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to commercial/industnal.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard
Some applications due to their complexity may take several months to complete, Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council If you wish to have something to be included in the report,
please contact the Planning Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the agenda.
Location:
City_Hall Council Chambers, 7700 Market Blvd.
Request for second driveway access, hardcover, front yard
Proposal:
setback, and rear setback for a garage addition.
Applicant:
Rick & Elizabeth Nustad
Property
7721 Erie Avenue
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
1 . Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-20. if you wish to talk to
someone about this project, please contact MacKenzie
Walters by email at mwalters(c�ci.chanhassen.mn.us or by
Questions &
phone at 952-227-1132. If you choose to submit written
Comments:
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Welland Alterations, Rezonings,
Comprehensive Ran Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is
invited to attend the meeting.
Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by request. At the planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council The City Council may reverse, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard.
Some applications due to their complexity may take several months to complete Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
Because the Planning Commission holds the public hearing. the City Council does not. Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council If you wish to have something to be included in the report,
please contact the Planning Staff person named on the notification.
TAX NAME
TAX -ADD Ll
TAX -ADD -1.2
TAX -ADD -1-3 -
ADELINE R KAHL
203 77TH ST W
CHANHASSEN
MN S5317-9711
ALEC K NORD
204 77TH ST W
CHANHASSEN
MN 55317-9702
AMY LOUISE DIEDRICH
221 77TH ST W
CHANHASSEN
MN S5317-9711
ANDREW J RUSSELL
224 78TH ST W
CHANHASSEN
MN 55317-9755
ARUN SUBBIAH
2210 MIDLAND GROVE RD # 103
ROSEVILLE
MN 55113-3835
BARBARA PIKE
201 CHAN VIEW
CHANHASSEN
MN 55317-9701
BRIAN P & COLLEEN S NUSTAD
PO BOX 8
CHANHASSEN
MN 5S317-0008
BRIANNA A BACHRACH
7706 ERIE AVE
CHANHASSEN
MN 55317-9612
CARVER COUNTY CDA
705 WALNUT ST N
CHASKA
MN 55318-2039
CHAD A MINKEL
7725 FRONTIER TRL
CHANHASSEN
MN SS317-9712
CHAPEL HILL ACADEMY
306 78TH ST W
CHANHASSEN
MN 55317-9734
CHURCH OF ST HUBERT
8201 MAIN ST
CHANHASSEN
MN 55317-9647
CODY PRIBBLE
226 CHAN VW
CHANHASSEN
MN 55317-9613
CRAIG M LARSON
200 CHAN VIEW
CHANHASSEN
MN 55317-9707
CURTIS G & NANCY A ROBINSON
202 77TH ST W
CHANHASSEN
MN 55317-9702
DAYANIRA ZAMORANO
204 CHANVIEW
CHANHASSEN
MN 55317-9707
DEAN C & JANET M BURDICK
206 CHAN VIEW
CHANHASSEN
MN 55317-9707
DOUGLAS FLETCHER
222 77TH ST W
CHANHASSEN
MN 55317-9799
GREGORY J & KAREN J ODASH
221 CHAN VIEW
CHANHASSEN
MN 55317-9750
GREGORY L HUBERS
224 CHAN VIEW
CHANHASSEN
MN SS317-9613
HAGEN HOMES LLC
850 FLYING CLOUD DR
CHASKA
MN 55318-9503
11-13 PROPERTY BORROWER LP
1717 MAIN ST STE 2000
DALLAS
TX 75201-4657
JAMES & KELLEY A DEGROSS
3911 MEADOWVIEW LN
ELKO
MN SS020-9538
JAMES M SCHUTROP
222 78TH ST W
CHANHASSEN
MN 55317-975S
JEANNE M BURKE REV TRUST U/A
225 77TH ST W
CHANHASSEN
MN 55317-9709
JEFFREY W & MARY L BORNS
7199 FRONTIER TRL
CHANHASSEN
MN 55317-9605
JOHN E & KAREN M KRAEMER
7703 ERIE AVE
CHANHASSEN
MN 55317-9612
JOHN W & PAULA J ATKINS
220 78TH ST W
CHANHASSEN
MN 55317-9755
JOSH D & JULIE N PICKARD
204 78TH ST W
CHANHASSEN
MN 55317-9755
JOSHUA H PAINE
7701 ERIE AVE
CHANHASSEN
MN 55317 -
LARRY A & KATHLEEN A SCHROEDER
7720 FRONTIER TRL
CHANHASSEN
MN 55317-9753
MADELINE A HILL
MARY E JANSEN ETAL
206 78TH ST W
7720 ERIE AVE
ICHANHASSEN
ICHANHASSEN
I MN 55317-9713
I MN 55317-9713
MATTHEW FAUST -77723-FRONTIER TRL ICHANHASSEN 1 MN 55317-9712
MORGAN ASHLEY I
NICHOLAS & PATRI,
PAUL F & RITA M R
RICHARD & KATHY
RICHARD A & ELIZA
ROBERT & JOANNE
RONALD & ELAINE
THOMAS A & LYNN
TODD W PERTTU
TONJA ST MARTIN
TROY P KIMPTON
TWIN CITIES & WE!
IVERDELL BORTH_
MEMORANDUM
CITY OF C HANHASSE N
Chanhassen is a Community for Life -ProvidingforToday and Planning forTomorrow
TO: MacKenzie Walters, Assistant Planner
FROM: Stephanie Smith, Project Engineer
DATE: November 21, 2017
SUBJ: Variance for second driveway access, hardcover and setbacks for a garage addition
for property zoned Single -Family Residential (RSF) and located at 7721 Erie
Avenue
Planning Case: 2017-20
I have reviewed the above request for a variance and have the following comments:
Second Driveway Access
The 2030 Comprehensive Plan calls out a minimum 40 -foot spacing between driveways. This
standard is in place to improve safety and reduce driveway confusion. The proposed spacing is
approximately four feet between the existing driveway and the proposed driveway. This does not
meet the standard set forth in the Comprehensive Plan. Staff does not recommend approval of the
variance for a second driveway access onto Erie Avenue.
Staff has recommended the applicant tie the proposed driveway into the existing driveway, thereby
only having one driveway access for the property. If the applicant incorporates this recommendation
into their design, a variance for a second diiveway access would not be necessary.
Impervious Surface
This area of Chanhassen was platted in 1889. Although some stormwater pipe was constructed in
the area in the 1960's and a stormwater pond was constructed in the 1980's, there is insufficient
treatment of that stormwater by current standards. This neighborhood also has a known history of
street flooding.
This parcel is already 3.3 percent over the maximum 25 percent hardcover allowed. The proposed
garage and driveway would increase this non -conformity 12.4 percent over the allowed maximum
or 37.4 percent in total. Staff does not recommend granting the hardcover variance, as this will
increase stormwater runoff in an under -treated neighborhood that has known flooding.
PH 952.227-1100 - wwdchanhassen-mn-us - FX 952.227.1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
MacKenzie Walters
7721 Erie Avenue Variance Engineering Memo — Planning Case 2017-20
November 21, 2017
Page 2 of 2
If the variance is approved, the applicant shall revise their design to minimize the amount of
hardcover and construct stormwater BMP(s) to treat all runoff created by all impervious surface
over the 25 percent maximum.
Conditions of Approval:
1. Applicant shall submit a scale copy of existing and proposed plans.
2. Applicant shall work with staff to revise their design toward minimizing the amount of
hardcover.
3. Applicant shall construct stormwater BMP(s) to treat all runoff created by all impervious
surface over 25 percent.
MEMORANDUM
CITY OF C HANHASSE N
Chanhassen is a Community for Life -Providing forToday and Planning for Tomorrow
TO: Jessica Archer, Building Official
Todd Hoffinan, Park Director
Don Nutter, Fire Marshall
Jill Sinclair, Forrester
Stephanie Smith, Engineer
Vanessa Strong, Water Resources Coordinator
FROM: Jenny Potter
DATE: December 18, 2017
SUBJ: 7721 Erie Avenue — Variance Request
Please review the attached newly submitted plans for 7721 Erie Avenue and provide comments
to MacKenzie Walters by January 4, 2018.
PH 952.227.1100 - www.d.chanhassen-mus - FX 952.227-1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
* CITY OF CHANHASSEN
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Please review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
December 18, 2017
January 4, 2018
December 15, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Electric - Xcel Energy
F�
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21. 2017 at 7:00 p.m.
December 11. 2017 at 7:00 p.m.
December 19, 2017
D
Carver County WMO
Z
Application:
F�
Lower MN River
Request for second driveway access, hardcover. front yard setback. and rear setback
for a garage addition for property
zoned Single Family Residential (RSF)
and located at 7721 Erie Avenue. Applicant/Owner� Rick & Elizabeth Nustad-
Planninq Case: 201
Web Page: www.ci.chanhassen.mn.us/2017-20
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
F]
Attorney
E]
Army Corps of Engineers
Z
Building Official
El
US Fish & Wildlife
Z
Engineer
Electric - Xcel Energy
F�
Z
Fire Marshal
Watershed
Districts:
Z
Z
Forester
Park Director
D
Carver County WMO
Z
Water Resources
F�
Lower MN River
El
Law Enforcement
El
Minnehaha Creek
0
Riley -Purgatory -Bluff Creek
Carver County Agencies:
Utilities:
F-1
F�
Community Development
Engineer
[]
Cable TV - Mediacom
El
Environmental Services
F-1
Electric - Minnesota Valley
F1
Historical Society
E]
Electric - Xcel Energy
F�
Parks
F]
Magellan Pipeline
F�
Soil & Water Conservation District
[_1
Natural Gas - CenterPoint Energy
E]
Phone - CenturyLink
State Agencies:
Board of Water & Soil Resources
Health
Historical Society
F� Natural Resources -Forestry
F-1 Natural Resources -Hydrology
Pollution Control
Transportation
Ad*acent Cities:
El
Chaska
Eden Prairie
Jackson Township
El
Minnetonka
El
Shorewood
0
Victoria
Adiacent Counties:
[] Hennepin
F� Scott
School Districts:
Eastern Carver County 112
Minnetonka 276
Other Agencies:
E] Hennepin County Regional Railroad
Authority
MN Landscape Arboretum
SouthWest Transit
TC&W Railroad
holland eco 8cm permeable pave
Interlock Concrete Products
Features
• The classic look of brick pavers
• Oversized, gives application grander scale
• Machine installation friendly
Colors
• Beechwood
• Carmel
Size -
Face Area
- Weight
Units/Layer Laver
Layers
Units/Pallet Pallet Pallet Weight
224 83 sq. ft. 3.050 lbs.
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4.875 x 9.75 x 3.125" H
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0.34 sq. ft.
0.17sq. ft.
13 lbs.
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28 10.4 sq. ft.
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ftutfstone 8cm permeable paver
Interlock Concrete Products
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Notes: Available by pallet. Voids = 0.25 cu. ft. per unit.
43
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MEMORANDUM
TO: MacKenzie Walters, Assistant Planner
FROM: Stephanie Smith, Project Engineer
DATE: November 21, 2017
SUBJ: Variance for second driveway access, hardcover and setbacks for a garage addition for
property zoned Single -Family Residential (RSF) and located at 7721 Erie Avenue
Planning Case: 2017-20
I have reviewed the above request for a variance and have the following comments:
Second Driveway Access
The 2030 Comprehensive Plan calls out a minimum 40' spacing between driveways. This standard is in
place to improve safety and reduce driveway confusion. The proposed spacing is approximately 4 feet
between the existing driveway and the proposed driveway. This does not meet the standard set forth in the
Comprehensive Plan. Staff does not recommend approval of the variance for a second driveway access onto
Erie Avenue.
Staff has recommended the applicant tie the proposed driveway into the existing driveway, thereby only
having one driveway access for the property. If the applicant incorporates this recommendation into their
design, a variance for a second driveway access would not be necessary.
Impervious Sur -face
This area of Chanhassen was platted in 1889. Although some stormwater pipe was constructed in the area in
the 1960's and a stormwater pond was constructed in the 1980's, there is insufficient treatment of that
stormwater by current standards. This neighborhood also has a known history of street flooding.
This parcel is already 3.3% over the maximum 25% hardcover allowed. The proposed garage and driveway
would increase this non -conformity 12.4% over the allowed maximum or 37.4% in total. Staff does not
recommend granting the hardcover variance, as this will increase stormwater runoff in an under -treated
neighborhood that has known flooding.
If the variance is approved, the applicant shall revise their design to minimize the amount of hardcover and
construct stormwater BMP(s) to treat all runoff created by all impervious surface over the 25% maximum.
LEGAL DESCRIPTION:
Lot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota.
PROPOSED LEGAL DESCRIPTION AFTER ALLEY VACATION:
Lot 12 and the North half of the vacated alley, Block I City Lots of Chanhassen, Carver County
Minnesota.
SCOPE OF WORK & LIMITATIONS:
I Showing the length and direction of boundary lines of the legal description listed above. The scope
of our services does not include determining what you own, which is a legal matter. Please check
the legal description with your records or consult with competent legal counsel, if necessary, to
make sure that it is correct and that any matters of record, such as easements, that you wish to be
included on the survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the survey.
3. Setting survey markers or verifying existing survey markers to establish the comers of the property.
4. Exisfing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and for the review
of such governmental agencies that may have jurisdiction over these requirements to verify they are
correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the topography of
the site. We have also provided a benchmark for your use in determining elevations for
construction on this site. The elevations shown relate only to the benchmark provided on this
survey. Use that benchmark and check at least one other feature shown on the survey when
determining other elevations for use on this site or before beginning construction.
7. While we show a Proposed location for this garage, we are not as familiar with your proposed plans
as you, your architect, or the builder are. Review our proposed location of the improvements
careftilly to verify that they match your plans before construction begins. Also, we are not as
familiar with local codes and minimum requirements as the local building and zoning officials in
this community are. Be sure to show this survey to said officials, or any other officials that may
have jurisdiction over the proposed improvements and obtain their approvals before beginning
construction or planning improvements to the property.
8. This survey has been completed without the benefit of a current title commitment. There may be
existing easements or other encumbrances that would be revealed by a current title commitment.
Therefore, this survey does not purport to show any easements or encumbrances other than the ones
shown hereon.
STANDAPD SYMBOLS & CONVENTIONS:
11 0 " Denotes iron survey marker, set, unless otherwise noted.
Avm.ro" J"NT rTPJW AW
Aw at GdARM
AV92r A%74F SIRMW AAW 'LdM
AAVaW (SZCWW "r
. . . . . . . . . .
ARMW AU- Mr.0=r11'W
=W AM AV C=WffJ
t i F_irL� �_ti
E
PROPOSED LOT COVERAGE
EX. HOUSE 1,528 SQ. FT.
EX. CONC. DRIVEWAY 314 SO. FT.
EX. WALK/APRON/PATIO 244 SQ. FT.
BENCHMARKL
SOUTH RIM OF
MANHOLE ELEV.=965.7
CD
W; N 89*25'03" E
11'_," %D "I — __ I
96&t
TO BE PERVI(XJS -----------
DRIVEWAY PAVERS
967.0
AREA OF LOT (W/ ALLEY) 9,010 SO. FT. I TOTAL EXISTING IMPERVIOUS 2,417 SO. FT.
IMPERVIOUS LOT COVERAGE 30.9% AREA OF LOT 8,529 SO. FT.
J(PROP. PERVIOUS PAVER DRIVE 280 SO. FT.) I LOT COVERAGE 28.3%
CH,4yV fYE#r
_�J
_-Lij-
,..D IRON
PROPOSED ALLEY VACATION
D IRON
963.9
X 964.7
EXISTING
DWELLING
L_
EXTRA 00,N
N&EDED P0077,VCS/13
964.6 "D 'NOT AFqCT EQ Loc.�
1546 , As
GRADES
-----TO BE REMONIED
964.5
_--PROPOSED 8 FT DIA.
RAIN GARDEN
40 IRON
A I I C-\/
r'\L.L-L- I
Advance
Sufve_ytng & Engtneenng, Co.
17917 Highway No. 7
Minnetonka, Minnesota 55345
Phone (952) 474-7964
Web: www.advsur.com
CLIENT/JCB ADDRESS
RICHARD NUSTAD
7721 ERrE AVE.
CHANHASSEN, AIN
SHEET TITLE
PROPOSED SURVEY
SHEET SIZE: 11 X 17
DRAWING NUMBER
171066 WP PROPOSED
DATE SURVEYED: SEPTBEMBER, 2017
DATE DRAFTED: OCTOBER 11, 2017
DATE REVISION DESCRIPTION
12/14/17 CHANGES PER CLIENT REMEW
12/14/17 CHANGES H.C. AND GARAGE
12/18/17 TO SHOW PROPOSED LEGAL DESC.
I HEREBY CERTIFY THAT IRS PLAN, SUIRWY OR RMT
WAS PREPARED BY WE OR UNDER MY DIRECT
SUPER'VISIDN AND 11HAT I AM A DULY REGISTM LAND
SUR*'a UNDER THE LAWS OF THE STATE OF
MINNESNA.
Wayne W. PreuX
#43503 OCTOBER 11, 2017
LICENSE NO. DATE
DRAWING ORIENTATION & SCALE
I
0 10, 20'
Mwsian
SHEET NO.
P 1
EXISTING TMPERVIOLIS
LOT COVERAGE
TOTAL EXISTING IMPERVIOUS 2,086 SO. FT.
HOUSE
1,528
SO.
FT.
PROPOSED GARAGE 700 SQ. FT.
SHED
97
SQ.
FT.
DRIVEWAY
314
SQ.
FT.
TOTAL IMPERVIOUS 2,786 SO. FT.
CONC. WALK/APRON/PATIO
478
SO.
FT.
AREA OF LOT (W/ ALLEY) 9,010 SO. FT. I TOTAL EXISTING IMPERVIOUS 2,417 SO. FT.
IMPERVIOUS LOT COVERAGE 30.9% AREA OF LOT 8,529 SO. FT.
J(PROP. PERVIOUS PAVER DRIVE 280 SO. FT.) I LOT COVERAGE 28.3%
CH,4yV fYE#r
_�J
_-Lij-
,..D IRON
PROPOSED ALLEY VACATION
D IRON
963.9
X 964.7
EXISTING
DWELLING
L_
EXTRA 00,N
N&EDED P0077,VCS/13
964.6 "D 'NOT AFqCT EQ Loc.�
1546 , As
GRADES
-----TO BE REMONIED
964.5
_--PROPOSED 8 FT DIA.
RAIN GARDEN
40 IRON
A I I C-\/
r'\L.L-L- I
Advance
Sufve_ytng & Engtneenng, Co.
17917 Highway No. 7
Minnetonka, Minnesota 55345
Phone (952) 474-7964
Web: www.advsur.com
CLIENT/JCB ADDRESS
RICHARD NUSTAD
7721 ERrE AVE.
CHANHASSEN, AIN
SHEET TITLE
PROPOSED SURVEY
SHEET SIZE: 11 X 17
DRAWING NUMBER
171066 WP PROPOSED
DATE SURVEYED: SEPTBEMBER, 2017
DATE DRAFTED: OCTOBER 11, 2017
DATE REVISION DESCRIPTION
12/14/17 CHANGES PER CLIENT REMEW
12/14/17 CHANGES H.C. AND GARAGE
12/18/17 TO SHOW PROPOSED LEGAL DESC.
I HEREBY CERTIFY THAT IRS PLAN, SUIRWY OR RMT
WAS PREPARED BY WE OR UNDER MY DIRECT
SUPER'VISIDN AND 11HAT I AM A DULY REGISTM LAND
SUR*'a UNDER THE LAWS OF THE STATE OF
MINNESNA.
Wayne W. PreuX
#43503 OCTOBER 11, 2017
LICENSE NO. DATE
DRAWING ORIENTATION & SCALE
I
0 10, 20'
Mwsian
SHEET NO.
P 1
MEMORANDUM
TO: MacKenzie Walters, Assistant Planner
FROM: Stephanie Smith, Project Engineer
DATE: November 21, 2017
SUBJ: Variance for second driveway access, hardcover and setbacks for a garage addition for
property zoned Single -Family Residential (RSF) and located at 7721 Erie Avenue
Planning Case: 2017-20
I have reviewed the above request for a variance and have the following comments:
Proposed Driveway
The 2030 Comprehensive Plan calls out a minimum 40' spacing between driveways. This standard is in
place to improve safety and reduce driveway confusion. The proposed spacing is approximately 4 feet
between the existing driveway and the proposed driveway. This does not meet the standard set forth in the
Comprehensive Plan. Staff does not recommend approval of the variance for a second driveway access onto
Erie Avenue.
Stormwater
This area of Chanhassen was platted in 1889. Although some stormwater pipe was constructed in the area in
the 1960's and a stormwater pond was constructed in the 1980's, there is insufficient treatment of that
stormwater by current standards. This neighborhood also has a known history of street flooding.
This parcel is already 3.3% over the maximum 25% hardcover allowed. The proposed garage and driveway
would increase this non -conformity 12.4% over the allowed maximum or 37.4% in total. Staff does not
recommend granting the hardcover variance, as this will increase stormwater runoff in an under -treated
neighborhood that has known flooding.
If the variance is approved, the applicant shall revise their design to minimize the amount of hardcover and
construct stormwater BMP(s) to treat all runoff created by all impervious surface over the 25% maximum.
Conditions of Approval:
1. Applicant shall submit a scale copy of existing and proposed plans.
2. Applicant shall work with staff to revise their design toward minimizing the amount of hardcover.
4L C / 71/ gew
flklt
t
I Applicant shall construct stormwater BMP(s) to treat all runoff created by all impervious surface
over 25%.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
CIff OF CHMNSEN
0
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Please review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
October 25, 2017
November 9, 2017
October 20, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11, 2017 at 7:00 p.m.
December 19, 2017
Application:
Request for second driveway access, hardcover, front yard setback. and rear setback for a garage addition for property
zoned Single Family Residential (RSF) and located at 7721 Erie Avenue. Applicant/Owner. Rick & Elizabeth Nustad.
Planning Case: 2017-20 1 Web Page: www.ci.chanhassen.mn.us/2017-20
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies: Admacent Cities:
F� Attorney 0 Army Corps of Engineers El Chaska
ED Building Official El US Fish & Wildlife El Eden Prairie
• Engineer ED Jackson Township
• Fire Marshal Watershed Districts: El Minnetonka
Forester El Carver County WMO El Shorewood
Park Director Victoria
Water Resources El Lower MN River
0 Minnehaha Creek Adiacent Counties:
El Law Enforcement
E] Riley -Purgatory -Bluff Creek
Carver County Agencies: E] Hennepin
Utilities: El Scott
El Community Development E] Cable TV — Mediacom School Districts:
[I Engineer
D Environmental Services Electric — Minnesota Valley
Electric — Xcel Energy El Eastern Carver County 112
0 Historical Society
R Parks Magellan Pipeline E) Minnetonka 276
El Soil & Water Conservation District El Natural Gas — CenterPoint Energy
Phone — CenturyLink Other Ag encies:
State Agencies: El Hennepin County Regional Railroad
El Board of Water & Soil Resources Authority
El MN Landscape Arboretum
El Health
E3 Historical Society El SouthWest Transit
E) TC&W Railroad
El Natural Resou rces- Forestry
El Natural Resources -Hydrology
El Pollution Control
E] Transportation
11 - d_0
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMSEN
Phone: (952) 227-1300 / Fax: (952) 227-1110 0
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Date: -at — t 7 - CC Date: 60 -Day Review Date:
Section 1: -Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
El comprehensive Plan Amendment ......................... $600
El Minor MUSA line for failing on-site sewers ..... $100
Conditional Use Permit (CUP)
El Single -Family Residence ................................ $325
0 All Others ......................................................... $425
Interim Use Permit (IUP)
[:1 In conjunction with Single -Family Residence- $325
El All Others ......................................................... $425
Rezoning (REZ)
El Planned Unit Development (PUD) .................. $750
EJ Minor Amendment to existing PUD ................. $100
El All Others ......................................................... $500
El Sign Plan Review ...................................................
$150
Site Plan Review (SPR)
[] Administrative ..................................................
$100
El Commercial/Industrial Districts . ......................
$500
Plus $10 per 1,000 square feet of building area:
thousand square feet)
Metes & Bounds (2 lots) ..................................
*Include number of existing employees�
* Include number of new employees:
$150
Residential Districts .........................................
$500
Plus $5 per dwelling unit ( units)
[] Subdivision (SUB)
Notification Sign (City to install and remove) .................................................................................................................... U200
Property Owners' List within 500' (City to generate after pre -application meeting) ............. $3 pepeddrn-a,
'a' dd r*e'* s"s" e*'s'*)' � Ile
d d3tuaxd
F-1 Escrow for Recording Documents (check all that apply) .................................................. ................. <
[_1 Conditional Use Permit D Interim Use Permit [:1 Site Plan Agreement
F-1 Vacation ;K Variance El Wetland teration Permit
F1 Metes & Bounds Subdivision (3 docs.) Easements( easements) I CA
TOTALFEE: s%rs
Description of Proposal
Q I I W C_XXr0,2)e- —10 V_\0J5-e_ V'1 (_EA(_UCV-
Property Address or Location
Parcel #:
Total Acreage:
Present Zoning: Select One
Wetlands Present?
Present Land Use Designation: Select One
El Yes F� No
Requested Zoning: Select One C)Sr-A! ..
Requested Land Use Designation: Select One REC I L2
Existing Use of Property: i -
Li Check box is separate narrative is attached.
0qAP.1H, ,
Create 3 lots or less ........................................
$300
Create over 3 lots ....................... $600 + $15
per lot
lots)
Metes & Bounds (2 lots) ..................................
$300
F-1 Consolidate Lots ..............................................
$150
Lot Line Adjustment .........................................
$150
FinalPlat ..........................................................
$700
(includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract.
LJ
Vacation of Easements/Right-of-way (VAC) ........
$300
(Additional recording fees may apply)
—
'IN
Variance (VAR) ..................................................
C$ 2 0:0
E]
Wetland Alteration Permit (WAP)
Single -Family Residence ...............................
$150
All Others .......................................................
$275
El
Zoning Appeal ................................................. ....
$100
[:1
Zoning Ordinance Amendment (ZOA) .................
$500
NOTE: When multiple applications are processed concurrently,
the
appropriate fee shall be charged for each application.
Notification Sign (City to install and remove) .................................................................................................................... U200
Property Owners' List within 500' (City to generate after pre -application meeting) ............. $3 pepeddrn-a,
'a' dd r*e'* s"s" e*'s'*)' � Ile
d d3tuaxd
F-1 Escrow for Recording Documents (check all that apply) .................................................. ................. <
[_1 Conditional Use Permit D Interim Use Permit [:1 Site Plan Agreement
F-1 Vacation ;K Variance El Wetland teration Permit
F1 Metes & Bounds Subdivision (3 docs.) Easements( easements) I CA
TOTALFEE: s%rs
Description of Proposal
Q I I W C_XXr0,2)e- —10 V_\0J5-e_ V'1 (_EA(_UCV-
Property Address or Location
Parcel #:
Total Acreage:
Present Zoning: Select One
Wetlands Present?
Present Land Use Designation: Select One
El Yes F� No
Requested Zoning: Select One C)Sr-A! ..
Requested Land Use Designation: Select One REC I L2
Existing Use of Property: i -
Li Check box is separate narrative is attached.
0qAP.1H, ,
1� Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact: _R1 us��
Address: 77al P E� e -3 'r r, o e- Phone:
-c- Y 4 -s2J7 -3qU
City/State/Zip: C n \1 - . r Cell: 96-2
Email: _Q11 �1 �nrv_A r_3 0_!�jrrxi�'A , com Fax:
Signature: A7 V Ak.,*� Date:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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.
PROJECT ENGINEER (if applicable)
Name: Contact�
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
Property owner Via: El Email 0 Mailed Paper Copy Name:
Applicant Via: Email El Mailed Paper Copy Address:
El Engineer Via: Email 0 Mailed Paper Copy City/State/Zip:
El Other* Via: [I Email El Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required). SAVE FORM PRINT FORM SUBMIT FOR�]
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6.A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13. our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6.C. purpose for variance for garage isto house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.1). We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure.
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debris,junk,parts,etc. the outside will be clean and
well kept and landscaped.
'1AAHAS'p
2 Li 2017
SEPTEMBER 13, 2017
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN, OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK . WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE,
MOUND AND WE WERE IN THE 2015 4 Tll OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO
FOR A VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MY CURRENT JOB AS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT.
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
OF f."JANHAS'
rISCOvEL'-,",�
I ;
OCTI 2;'
Smith, Stephanie
To: Walters, MacKenzie
Cc: Bender, George; Strong, Vanessa
Subject: 7721 Erie Avenue - Variance Request
MacKenzie,
I have reviewed the application for variance at 7721 Erie Avenue and have comments below. Please include them in the
staff report for this planning commission item.
Proposed Driveway
The 2030 Comprehensive Plan calls out a minimum 40' spacing between driveways. This standard is in place to improve
safety and reduce driveway confusion. The proposed spacing is approximately 4 feet between the existing driveway and
the proposed driveway. This does not meet the standard set forth in the Comprehensive Plan.
Stormwater
This area of Chanhassen was platted in 1889. Although, some stormwater pipe was constructed in the area in the
1960's, there is insufficient treatment of that stormwater by current standards. This parcel is already 3.3% over the
maximum 25% hardcover allowed. The proposed garage and driveway would increase this non -conformity to 37.4%.
Staff does not recommend granting the hardcover variance, as this will increase stormwater runoff in an under -treated
area of the City. If the variance is approved, the applicant shall/constrLtct stormwater BIVIP to treat all runoff created by
the additional impervious surface. -11we- ttv,.L Cyj hlx� fssa'4b LOU^ S
�")4_ *Wk tt',19
The applicant proposes to add more th'an 00 sq<uaret of impervious surface to the parceT. This would trigger the
rules for the Riley -Purgatory -Bluff Creek:Wate d District. The applicant must obtain a permit from the watershed
district prior the City issuing a building per
Thank you,
Stephanie
Stephanie Smith, MN PE
Project Engineer
CITY OF CHANHASSEN
PH. 952.227.1165
Z704.ZZ f. I I I U
www.ci.cha n hassen.mn.us
0 ci
LEGAL DESCRIPTION:
Lot 12, Block 2, City Lots ofChanhassen, CarverCounty, Minnesota.
SCOPE OF WORK & LIMITATIONS: SENCHMARKP
SOUTH RIM OF
1. Showing the length and direction of boundary lines of the legal description listed MANHOLE ELEV-965.7
above. The scope Of OUT services does not include determining what you own,
which is a legal matter. Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
; I I ; I A A
that any matters ot recoro, such as easements, that YOU W S to e nc u c on e
survey have been shown. % 'N,89'25'03 . E��
2. Showing the location of observed existing improvements we deem necessary for the ('—� A -,60.00 \ I
survey.
3. Setting survey markers or verifying existing survey markers to establish the comers
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we are not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed
location of the improvements carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum
requirements as the local building and zoning officials in this community are. Be
sure to show this survey to said Officials, or any other officials that may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the property.
9. This survey has been completed without the benefit of a current title commitment,
There may be existing easements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
eausements or encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes iron survey marker, set, unless otherwise noted.
V�Jy -r
too-ws . '� o- Itir
x
T -
CMN VIEF
PROPOSED HARDCOVER
HOUSE 1,528 SO, FT
PROPOSED GARAGE 700 SO. FT
EXISTING DRIVEWAY 314 SO. FT
PROPOSED DRIVEWAY 280 SO. FT.
CONC. WALK/APRON/PATIO 368 SO. FT.
TOTAL PROPOSED HARDCOVER 3,190 SO. FT.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE
_�F"D IRON
9650 963.5
N
9670
966-9
0
96",
26.6
EXISTING HARDCOVER
s
9663
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1,52,8
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.7
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96&4:
EXISTING
I Z
DWELLING
TOTAL
EXISTING HARDCOVER
2,417
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OR
AREA
OF LOT
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IR GARAGE FI -DOR
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17917 High,ay N, 7
MI—W,ka. Ml--te 553A5
Pho� (952) 474-79e4
W.b:—.d---
CLIEW(JOB ADDRESS
RICHARD NUSTAD
7721 ER[E AVE.
CHANHASSEN, MN
SHEELTME
PROPOSED SLIRVEY
SHEET SIZE: I I X 17
DR,kWIN(3 NUMBER
171066 WP PROPOSED
DATE SURVEYED� SEPTBEMBFR . 2017
DATE DRAFT D OCTOBER 11.2017
I HEkMY CERWY ?HAT THIS PLAK SAVEY OR REPORT
WAS PREPARED BY WE OR LIR" WY DIRECT
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W.b:—.d---
CLIEW(JOB ADDRESS
RICHARD NUSTAD
7721 ER[E AVE.
CHANHASSEN, MN
SHEELTME
PROPOSED SLIRVEY
SHEET SIZE: I I X 17
DR,kWIN(3 NUMBER
171066 WP PROPOSED
DATE SURVEYED� SEPTBEMBFR . 2017
DATE DRAFT D OCTOBER 11.2017
I HEkMY CERWY ?HAT THIS PLAK SAVEY OR REPORT
WAS PREPARED BY WE OR LIR" WY DIRECT
SUPERM" AND THAT I AM A DLILY REGISTERED LAND
SMANOR LOW THE LAWS OF THE S'
71A,
LV350 0C18rB2R 11, 11111
I N�E L� E
DRAWING ORIENTATION & SCALE
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89*29'51" W ATA I 1 1- op SHEFT NO.
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Advance
Su"rng & Engln�&,ng C--
17917 High,ay N, 7
MI—W,ka. Ml--te 553A5
Pho� (952) 474-79e4
W.b:—.d---
CLIEW(JOB ADDRESS
RICHARD NUSTAD
7721 ER[E AVE.
CHANHASSEN, MN
SHEELTME
PROPOSED SLIRVEY
SHEET SIZE: I I X 17
DR,kWIN(3 NUMBER
171066 WP PROPOSED
DATE SURVEYED� SEPTBEMBFR . 2017
DATE DRAFT D OCTOBER 11.2017
I HEkMY CERWY ?HAT THIS PLAK SAVEY OR REPORT
WAS PREPARED BY WE OR LIR" WY DIRECT
SUPERM" AND THAT I AM A DLILY REGISTERED LAND
SMANOR LOW THE LAWS OF THE S'
71A,
LV350 0C18rB2R 11, 11111
I N�E L� E
DRAWING ORIENTATION & SCALE
?F�DIRM
89*29'51" W ATA I 1 1- op SHEFT NO.
/-, I 'AA
P 1
U6/
LI;(JAL DFSCRIPFION: 11.Advance
Lot 12, Block 2, City Lots ofChanhassen, Carver County, Minnesota. T- SU -0,19 If E"91hoonng, co
SCOPE OF WORK & LIMITATIONS: EIENCHMARK�
SOUTH RIM OF 6ff,,4,V VIEK 17217 High,my No. 7
Min -4-k., k4l.—Ots 56345
1. Showing the length and direction of boundary lines of the legal description listed MAN'HOLE ELEV-965.7 Pt.- 1952.)� 474.7NA
above, The scope of our services does not include determining what you own, Wb:
which is a legal matter. Please check the legal description with your records or (A
C� ENTQQ8 ADDRESS
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as casements, that you wish to be included on the RICHARD NUSTAD
survey have been shown. N B9'25'03" EQ
2. Showing the location of observed existing improvements we deem necessary for the 60.00 7721 ERIE AVE.
CHAAWASSEN, MN
survey,
3. Setting survey markers or verifying existing survey markers to establish the corners %3.5 SHEET TnE
of the property,
4. Existing building dimensions and setbacks measured to outside of siding or stucco. EXISTING SURVEY
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction. SHEET SIZE: I I X 17
6. Showing elevations on the site at selected locations to give some indication of the ------ 20.7 ----- 190
topography of the site. We have also provided a benchmark for your use in 964.1 DRAWING NUMBIER
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at )cast
EXISTiNG 171066 WP EXISTING
one other feature shown on the survey when determining other elevations for use on '11111 DWELLING
this rite or before beginning construction.
7. This survey has been completed without the benefit of a current title commitment. 151 96&3 DAT� SUWEYED: SEPTHEMBER 2017
There may be existing easements or other encumbrances that would be revealed by a z EU, OCTOBER 11, 2017
current title commitment. Therefore, this survey does not purport to show any 0 G Z DATE D"FT
0
casements or encumbrances other than the ones shown hereon. -1 G
REMSION DESCR
0 ATE REMSION.DESCR PTION
STANDARD SYMBOLS & CONVENTIONS:
T 6 C; A rTIS
"S" Denotes iron survey marker, set, unless otherwise noted. IE OD
28.1
DRIYEWAY
33 ..........
--------- PAK Y ON W"T
I HEREBY CERIFY THAT THSNDEW
WAS PREPARED BY WE OR U MY IRRECI
MffyM" AND THAT I AM A Y
SURNTY011 UNDER THE LAWS Or
X 964,7
---967
#43503 OCTOBER 11, 2017
964.6 LICENSE .0
9670
EXISTING HARDCOVER
F/F/I
HOUSE 1,528 SO. FT.
SHED 97 So. FT. Iff 2ff
DRIVEWAY 314 SO. FT.
GONG. WALKJAPRON/PATIO 478 SO. FT.
9�� — 'MUIND IRON
TOTAL EXISTING HARDCOVER 2,417 SO. FT. 60.09 'I"!"I'OF& SI �FF I NO,
S 89*29'51" W A 1L.1L.T'1/
AREA OF LOT 8,529 SO. FT. 1�14
SHED
28.3% - - - -F-- L - - ;- ,, S1
LOT COVERAGE INN 0C
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LEGAL DESCRIPTION:
Lot 12, Block 2, City Lois of Chanhassen, Carver County, Minnesota. VAdvance
S.—rg & Eng#-edng C.
SCOPE OF WORK & LIMITATIONS: T
17917 High..y N.. 7
1 Showing the length and direction of boundary lines of the legal description listed above. The SOUTH RIM 0 Cff'4X P7Eff1 Minn.t.nk.. MIn .... t� 55U5
scope of our services does not include determining what you own, which is a legal matter. MANHOLE ELEV.=965.7 i Ph.n. (952) 474-7964
Please check the legal description with your records or consult with competent legal counsel, W,b —adva--m
if necessary, to make sure that it is correct and that any matters of record. such as easements,
CLIENT/JOB ADDRESS
that you wish to be included on the survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the survey, RICHARD NUSTAD
3. Setting survey markers or verifying existing survey markers to establish the comers of the N 89*25'03
property. 60.00 J FOUM IRON 7721 ERIE AVE.
4. Existing building dimensions and setbacks measured to outside ofsiding or stucco. CHANHASSEN, MN
5. Showing and tabulating impervious surface coverage of the lot for your review and for the ro , —
96&5
review of such governments] agencies that may have jurisdiction over these requirements to SHEET TITLE
verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the topography PROPOSED SLrRVEY
of the site. We have also provided a benchmark for your use in determining elevations for
construction on this site. The elevations shown relate only to the benchmark provided on this
we,
survey. Use that benchmark and check at least one other feature shown on the survey when SHEET SIZE: I I X 17
determining other elevations for use on this site or before beginning construction. 20.7 ..'66.9
7. While we Show a proposed location for this garage, we are not as familiar with your proposed — ------ 260 96",
plans as you, your architect, or the builder arc. Review our proposed location of the PRAWING NUMBER
improvements carefully to verify that they match your plans before construction begins. Also, M
N
we are not as familiar with local codes and minimum requirements as the local building and EXISTING 171066 WP PROPOSED
DWELUNG
zoning officials in this community arc. Be sure to show this survey to said officials, or any ,ENTRANCE
other officials that may have jurisdiction over the proposed improvements and obtain their ELEN.-D69.1
966.3
approvals before beginning construction or planning improvements to the property. �Sq DATE SURVEYED: SEPTBEMBER . 2017
-it of a current title commitment. There ma IN Z
0 DATE DRAFTED: OCTOBER 11, 2017
8. This survey has been completed without the bencl y
be existing easements or other encumbrances that would be revealed by a current title EXISTING Z
commitment. Therefore, this survey does not purport to show any easements or encumbrances DWELLING
other than the ones shown hereon. 0
0 DATE I REVISION DESCRIPTION
.P: 0 -1 -
966.5 0 41 1� uct 12/14/17 CHAN PER CLIENT REVIEW
STANDARD SYMBOLS & CONVENTIONS: — 00
W 9671 CD
"a" Denotes iron survey marker, set, unless otherwise noted.
GARAGE FLOOR 'b
ELEV-967.6
A -Mr '1; 33 1 T I
22.
JOW AZMW 5 1 NERURY OHIrFY THAT INIS PLAN. SURVEY OR ROICRT
BY ME OR UNDER MY DPLCT
AMPOW su VISION AND 71AT I AM A DULY REOSTERID LAND
1111,400M _-R' 20,0' 967.1 /V Z
--- W� UNDER THE LAM OF THE S
ill I RE, 41T 5.. X 964.7
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OR VEWAY PAVERS --------
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#43503 OCTOBER 11, 2017
DcP" ----UA7r
964.6 TO 'or 4,`Tr"G'/h,,k LICENSE-
EvSQ As
9670 GRACES DRAWNG ORIENTATION SCALE
pflnA2W R"y CiRp" Jurliz _M BE REMOVED
SHFD
EXISTING HARDCOVER W 9".5
PROPOSED HARDCOVEH �__--PROPOSED 8 FT DIA.
RAIN GARDEN 0 IV
HOUSE 1,528
HOUSE 1,528 SQ. FT. T. /'V
I -
SO. FT.
PROPOSED GARAGE 812 SO. FT. SHED 97 SO. FT.
314 SO. FT.
EXISTING DRIVEWAY 314 SO. FT. DRIVEWAY FT 11 1 60.09 0 FOUND IRON
CONC. WALK/APRON/PATIO 265 SQ. FT. CONC. WALK/APRON/PATIO 478 SO. FT. 0 SliLl, I NO�
!� . iS 89-29-51- A I I C-"
TOTAL PROPOSED HARDCOVER 2,919 SQ. FT. TOTAL EXISTING HARDCOVER 2,417 SO. FT.
AREA OF LOT (WI ALLEY) 9,010 SO. FT. AREA OF LOT 8,529 SO. FT. L P 1
LOT COVERAGE 32.4% LOT COVERAGE 28.3% '--PROPOSED ALLEY VACATION
I SHEET I OF I
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CITY OF CHANHASSEN
FU DATE: November 21, 2017
CC DATE: December 11, 2017
REVIEW DEADLINE: November 9,2017
CASE #: 2017-20
BY: MW
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies a I 0 -foot w st t yard setback, a
4.3 -foot south front yard setback, a five-foot rear yard setback, a 12.4 percent lot coverage, and a
second driveway access variance for the construction of a detached garage, and adopts the
attached finding of Facts and Decisions."
(Note: A motion for approval and appropriate findings of fact are also included at the end of the
report.)
SUMMARY OF REQUEST:
The applicant is requesting a variance from their property's 30 -foot required front yard setbacks,
10 foot rear yard setback, 25 percent lot coverage limit, and one driveway per residential parcel
restriction in order to build a detached garage to house a 1969 Mack Firetruck. The proposed 700
square foot garage would maintain the home's current nonconforming ��west front yard
setback, would encroach 4.3 feet into the southern front yard setback from the alley right of way,
would encroach five feet into the property's rear yard se crease the property's lot
90Vera1geft6ri-i& eurrpnt nonconforming 28.3 percent o 37.4 percent, would require a
second drivewayacceW. Due to the firetruck's size, the the existing garage.
LOCATION: 7721 Erie Ave
(PID 250500210)
OWNER: Rick & Elizabeth Nustad
7721 Erie Avenue
Chanhassen, MN 55317
PRESENT ZONING: RSF
2030 LAND USE PLAN: Residential Low
Density
ACREAGE: .19 acres DENSITY: NA
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
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 2 of 9
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to aU property owners within 500 feet
PROPOSAL/SUMMARY
The homeowners' own a 1969 Mack Firetruck which they
use for parades in this and surrounding communities. They
are currently storing the firetruck off site at an outdoor
storage facility; however, they would like to store it indoors
and restore it. Due to the size of the firetruck, their existing
18.7 foot by 22.5 -foot garage cannot accommodate it, and
they would need to construct a 20 foot by 35 -foot garage
and second driveway to facilitate on site storage.
The applicant has noted that their lot was plated before
current zoning requirements were enacted and that it is
significantly smaller than the minimum size required for
lots zoned Single Family Residential District. They have
stated that the substandard nature of their lot is the primary
reason why they require a variance in order to construct the
proposed accessory structure.
i tie property owners nave expressea weir mtention to
construct a detached garage that matches the existing house and fits into the existing character of
the neighborhood. They feel that there are other similarly sized garages in the area, and believe
that their neighbors are supportive of the proposed variance.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20, Article X11. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter 20, Article XXIII, Division 1, GeneraHy
Section 20-904. Accessory Structures
Chapter 20, Article =11, Division 1, Generally
Section 20-908. Yard Regulations
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122. Access and Driveways
-
X W25VT IE
Vm=
AUZY
A
i tie property owners nave expressea weir mtention to
construct a detached garage that matches the existing house and fits into the existing character of
the neighborhood. They feel that there are other similarly sized garages in the area, and believe
that their neighbors are supportive of the proposed variance.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20, Article X11. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter 20, Article XXIII, Division 1, GeneraHy
Section 20-904. Accessory Structures
Chapter 20, Article =11, Division 1, Generally
Section 20-908. Yard Regulations
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122. Access and Driveways
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 3 of 9
BACKGROUND
County records indicate that the home was built in 1959. The city does not have any information
on this property prior to 1979.
On May 28, 1999, the current owner bought the house.
SITE CONDITIONS
The property and surrounding neighborhood
is zoned Single -Family Residential (RSF).
This zoning district requires lots to be a
minimum of 15,000 square feet, have front
yard setbacks of 30 feet, rear yard setbacks
of 3 0 feet, side yard setbacks of 10 feet, and
limits lot coverage to a maximum of 25
percent of lot area. Residential structures are
limited to 35 feet in height. Accessory
structures are limited to 20 feet in height,
may not occupy more than 30 percent of the
area of a rear yard, may not exceed 1,000
square feet, and must be located within the
buildable lot area or meet stipulated
accessory structure setbacks.
The lot is an 8,529 square foot lot that currently has 2,417 square feet of impervious surface
resulting in 28.3 percent lot coverage. The lot technically has 3 front yard setbacks due to a
plated alleyway to the south, even though the alley is not physically present. The existing house
is setback 20 feet from the western front lot line and the existing attached garage is setback 25.1
feet from the western front lot line. The house and attached garage are substantially in
compliance with all other setbacks. There is also an existing shed which is setback
approximately six feet from the rear property line and approximately 17 feet from the southern
front property line. The location of the house, attached garage, shed, and site's lot coverage are
considered nonconforming uses.
NEIGHBORHOOD
St. Hubertus/City lots of Chanhassen
The plat for this area was recorded in
October of 1887. Residential lots in
this neighborhood vary between. 16
and .39 acres. The larger lots are the
results of lots being split and merged
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 4 of 9
to adjoining properties after the original plat was filed. The lots retaining their original
dimensions appear to average around .20 acres. Due to the predominately small lot sizes and age
of the structures, detached garages are common, and many properties in the neighborhood do not
meet the required setbacks and exceed 25 percent lot coverage.
Variances within 500feet:
1979-13 201 Chan View: Approved- five-foot side and 25 -foot rear yard setbacks (detached
garage)
1980-05 203 1/2Chan View: Approved- five-foot side and 20 -foot rear yard setbacks (detached
garage)
1983-13 222 Chan View: Approved- seven -foot side yard setback (attached garage)
1985-06 7725 Frontier Trail: See 1988-10
1986-05 202 W 77b Street: Approved- two -foot side yard setback (detached garage)
1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert I car garage to 2
car garage)
1999-06 226 Chan View: Approved- 18 -foot front yard setback (addition) and I O -foot front yard
setback (detached garage)
2001-01220 W 78h Street: Approved- 21.5 -foot front yard setback (addition)
2004-39 222 W 78th Street: Approved- 26.2 -foot front yard setback to intensify existing non-
conformity (front canopy with supports)
ANALYSIS
West Front Yard Setback
The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due
to structures being located excessively close to the road, to ensure the presence of greenspace, and
to provide sufficient driveway length to accommodate off street parking. The existing house has a
20 -foot setback from Erie Ave and its attached garage has a 25 -foot setback. The proposed detached
garage would have a 20 -foot setback from Erie Ave. Since the garage needs to be 35 feet deep to
accommodate the fire truck and the lot is only sixty feet deep it would be impossible design a
garage that could store the fire truck while meeting the required fi-ont yard setback.
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 5 of 9
Many of the lots in the St. Hubertus subdivision do not meet the city's minimurn RSF lot
dimensions of 90 feet of frontage and 125 feet of depth. Of the 47 properties within 500 feet of 7721
Erie Avenue, 3 have applied for and received variances from the required front yard setbacks.
South Front Yard Setback
There is a city owned right of way for the construction
of an alley to the south of the applicants' property.
The presence of this right of way means that the
zoning code requires a 30 -foot front yard setback be
maintained from the southern property line. No
alleyway is present within this right of way, there are
no plans to construct an alleyway in this location, and
it appears that part of the eastern section of the alley , s
right of way was vacated.
There is an existing shed located entirely within the
southern front yard setback, and the neighbor's shed is
located partially within the alley's right of way.
Throughout the neighborhood multiple houses,
garages, and sheds are located within the 30 -foot
setbacks of the subdivision's empty right of ways.
The proposed detached garage would be 26.7 feet
from the southern lot line and 42.7 feet from the
neighbor's property. If not for the alley's right of way,
the property would be subject to a I 0 -foot side yard
setback along the southern property line.
Rear Yard Setback
Since the lot is bordered on three sides by streets
and/or public right of way, its rear yard is subject to a
I 0 -foot setback rather than the standard 30 -foot rear
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setback five feet from the rear lot line. An existing 96 square -foot shed is setback approximately six
feet from the rear lot line, which the applicant plans to remove as part of this project. Due to the size
of the firetruck and narrowness of the lot, it is not possible to construct a garage that could
accommodate the firetruck within the required setbacks.
The city requires rear yard setbacks and limits the percent of the rear yard which can be occupied by
an accessory structure in order to ensure a minimum amount of greenspace and balance the interests
of the property owner with that of their neighbors. In this instance, the orientation of the
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setback five feet from the rear lot line. An existing 96 square -foot shed is setback approximately six
feet from the rear lot line, which the applicant plans to remove as part of this project. Due to the size
of the firetruck and narrowness of the lot, it is not possible to construct a garage that could
accommodate the firetruck within the required setbacks.
The city requires rear yard setbacks and limits the percent of the rear yard which can be occupied by
an accessory structure in order to ensure a minimum amount of greenspace and balance the interests
of the property owner with that of their neighbors. In this instance, the orientation of the
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 6 of 9
neighboring houses means that the proposed location of the detached garage would not be expected
to negatively impact the adjacent properties.
Many properties in this neighborhood have been unable construct accessory structures that meet the
required setbacks. Of the 47 properties within 500 feet, five have been granted side and/or rear
setback variances for the construction or expansion of garages.
Imperwous Surface
The city limits the amount of lot cover which can be installed on a property in order prevent
stormwater issues and negative impacts to the surrounding properties caused by increased volumes
and rates of runoff during rain events. The city's engineering staff has noted that this area of the city
does not meet current stormwater treatment standards and that it has a history of street flooding.
They have stated that allowing the property to finther increase its lot coverage will increase
stormwater runoff in an under -treated neighborhood that has known flooding.
The proposed plan would increase the property's lot coverage to 37.4 percent by adding an
additional 773 square feet of impervious surface. The property currently exceeds the RSF district's
limit of 25 percent lot coverage by 285 square feet, 3.3 percent. The applicant is proposing to
remove a 97 square foot shed and I 10 square feet of patio to
reduce the amount of impervious surface on the property,
however, constructing the attached garage will cause the
property to exceed its allowed lot coverage of 2,132 square feet
by 1,058 square feet.
The applicant has noted that their 8,529 square foot lot is
significantly smaller than the 15,000 square feet required in the
RSF district, and that applying the 25 percent lot coverage
standard to such a small lot significantly restricts their ability to
improve the property. While this is true, the property currently
has a single family home, a two -car garage, and a patio with
28.3 percent allowed lot coverage due to its nonconforming use
status. These features constitute reasonable use for a property
zoned single family residential. Furthermore, the city's highest
density detached single family residential district, RLM, which
allows for similarly sized lots, 9,000 square foot minimum, only
permits 35 percent lot coverage. The proposed project's lot
coverage exceeds even this threshold and the St. Hubertus
subdivision has none of the land dedications or stormwater
infrastructure designed to offset the increased amount of lot
coverage permitted in RLM.
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remove a 97 square foot shed and I 10 square feet of patio to
reduce the amount of impervious surface on the property,
however, constructing the attached garage will cause the
property to exceed its allowed lot coverage of 2,132 square feet
by 1,058 square feet.
The applicant has noted that their 8,529 square foot lot is
significantly smaller than the 15,000 square feet required in the
RSF district, and that applying the 25 percent lot coverage
standard to such a small lot significantly restricts their ability to
improve the property. While this is true, the property currently
has a single family home, a two -car garage, and a patio with
28.3 percent allowed lot coverage due to its nonconforming use
status. These features constitute reasonable use for a property
zoned single family residential. Furthermore, the city's highest
density detached single family residential district, RLM, which
allows for similarly sized lots, 9,000 square foot minimum, only
permits 35 percent lot coverage. The proposed project's lot
coverage exceeds even this threshold and the St. Hubertus
subdivision has none of the land dedications or stormwater
infrastructure designed to offset the increased amount of lot
coverage permitted in RLM.
Planning Commission
7721 Erie Avenue Variance - Planning Case 2017-20
November 21, 2017
Page 7 of 9
Second Driveway Access
The city limits residential properties to a single
driveway access in order to prevent a high
density of driveway accesses along roads serving
residential districts and the 2030 Comprehensive
Plan espouses a minimum spacing of at least 40
feet between driveways. These limits exist to
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that can emerge from a high concentration of closely spaced driveways, and also from aesthetic
considerations involving insuring adequate greenspace and providing for an appealing viewscape in
residential neighborhoods. A final reason for the existence of the one driveway ordinance is that it
deters individuals from using large detached accessory structures to house home occupations in
violation of city ordinances.
The applicant's proposed use of the detached garage is not anticipated to create public safety or
traffic issues, and the storage of the fire truck within the garage would preclude its being used to
house a business; however, the requested variance would allow for that structure and its driveway to
exist in perpetuity. Permitting a second driveway access to an oversized detached garage could lead
to future issues with businesses being run from the garage, and establishes a precedent of allowing
multiple driveways to provide access to detached garages. A visual survey of aerial photos found
two properties in the St. Hubertus subdivision with a nonconforming second driveway access.
Staff believes it is possible to provide access to the proposed garage via the existing driveway
which would remove the need for a second driveway access variance.
Impact on Neighborhood
St. Hubertus is one of the oldest subdivions in the city and aerial photos show that many, if not
most, of the properties in the neighborhood do not conform to current setback or hardcover
standards. Staff is aware of eight separate variances being granted to properties within 500 feet of
the applicants, and six of those where for the construction of garages; however, the garages
variances were granted to properties that either did not have existing garages or which wished to
expand single stall garages to two stall garages.
Detached garages within the St. Hubertus subdivision tend to be located in the rear yard, and staff
could find only one example of a similarly sized and situated detached garage. Staff also found two
single stall garages positioned roughly parallel to the principle structures front yard setback, and two
properties where the principle structure is setback behind the detached garage.
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 8 of 9
VAfile the distance of the proposed garage from the street would not be atypical of the area nor
would the presence of a detached garage, staff could only find two other properties with both an
attached and detached garage. In both cases, the garages were served by a single driveway.
If the garage was designed and constructed in the manner proposed by the applicant its appearance
would not be out of character for the neighborhood; however, the presence of multiple garages and
driveway accesses is not typical for the area.
St. Hubertus Planimetric
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Note: Darker red is existing buildings, lighter red is existing driveway, darker blue is proposed
garage, lighter blue is proposed driveway, and red X is the shed to be removed.
SUMMARY
The applicant wishes to construct a detached garage which would be located within multiple
required yard setbacks, requires a second driveway access, and would increase the property's
impervious surface coverage beyond what is pein itted in its zoning district. The purpose of the
garage would be to house an antique firetruck. The small size of the applicants' lot severely
restricts their ability to improve the property.
The applicant currently has reasonable use of the property and many lots zoned for single-family
detached homes cannot accommodate the storage of large pieces of equipment. The proposed
project will increase the property's impervious surface and stormwater runoff in a neighborhood
Planning Commission
7721 Erie Avenue Variance — Planning Case 2017-20
November 21, 2017
Page 9 of 9
with a history of street flooding and allowing a second driveway access would be inconsistent
with what is already present within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission deny the request for a I 0 -foot west front yard
setback, a 4.3 -foot south front yard setback, a 5 -foot rear yard setback, a 12.4 percent lot
coverage, and a second driveway access variance for the construction of a detached garage, and
adopts the attached finding of Facts and Decisions.
Should the Planning Commission approve the variance request to construct a detached garage to
house the firetruck, it is recommended that the planning Commission adopt the following motion
and attached Finding of Fact and Decision:
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a 10 -foot
west front yard setback, a 4.3 -foot south front yard setback, a five-foot rear yard setback, a 12.4
percent lot coverage, and a second driveway access variance for the construction of a detached
garage, subject to the conditions of approval and adopts the attached finings of Facts and
Decisions:
I . The applicant must apply for and receive a building permit.
2. Projections on must comply with fire -resistance construction found in the IRC Table
R302. 1 (1)
3. Detached structure will need to comply with wall bracing requirements found in
R602. I O(IRC)
4. Detached garage must be architecturally compatible with existing house and match
color.
5. Applicant shall submit scale copy of existing and proposed plans.
6. Applicant shall work with staff to revise their design toward minimizing the amount
of impervious surface.
7. Applicant shall construct stormwater BMP's) to treat all runoff created by all
impervious surface over 25 percent lot coverage.
ATTACHMENTS
1. Finding of Fact and Decision Approval
2. Finding of Fact and Decision Denial
3. Development Review Application
4. Public Hearing Notice Mailing List
5. 171121 Eng Memo
G:\PLAN\2017 Planning Cases\1 7-20 7721 Erie Avenue VAR\Staff Report -7721 Eric Ave—PC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setbacks, I 0 -foot rear yard setback, 25 percent lot coverage limit, and one driveway
per residential parcel restriction in order to build a detached garage on a property zoned Single
Family Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Conunission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: It is the intent of the City Code to allow for residential homeowners to be able
to store vehicles and possessions on site, and, in many instances, the City Code requires
these items to be stored indoors. Construction a detached garage to facilitate the storage
of a vehicle is in harmony with the general purposes and intent of the city's zoning code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Due to the substandard size of the applicant's lot there is no possibility for them
to construct a detached garage to house the firetruck with the bounds established by the
city's zoning code. The resident's goal of construction a single accessory structure to
facilitate the storing of a collector's vehicle onsite is reasonable.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for a detached garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is a substandard lot plated in 1887.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the oldest neighborhoods in the city and large detached garages
which do not conform to the existing zoning ordinances are fairly common. Allowing the
construction of the proposed detached garage will not significantly alter the
neighborhood's character.
f Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a
10 foot west front yard setback, a 4.3 foot south front yard setback, a 5 foot rear yard setback, a
12.4 percent lot coverage, and a second driveway access variance for the construction of a
detached garage, subject to the conditions of approval and adopts the attached finings of Facts
and Decisions:
I . The applicant must apply for and receive a building permit.
2. Projections on must comply with fire -resistance construction found in the IRC Table
R302. 1 (1)
I Detached structure will need to comply with wall bracing requirements found in
R602. I O(IRC)
4. Detached garage must be architecturally compatible with existing house and match
color.
5. Applicant shall submit scale copy of existing and proposed plans.
6. Applicant shall work with staff to revise their design toward minimizing the amount
of impervious surface.
7. Applicant shall construct stormwater BMP's) to treat all runoff created by all
impervious surface over 25 percent lot coverage.
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
MX
CITY OF CHANHASSEN
Chairman
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIED)
IN RE:
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setbacks, I 0 -foot rear yard setback, 25 percent lot coverage limit, and one driveway
per residential parcel restriction in order to build a detached garage on a property zoned Single
Family Residential District (RSF)-Planning Case 2017-20.
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances arc consistent with the comprehensive
plan.
Finding: The city regulates lot coverage in order to manage stormwater runoff.
Allowing a property zoned for 25 percent impervious surface coverage to add an
additional 12.4 percent lot coverage is not in harmony with the codes intent in limiting
residential lot coverage.
It is the city's intent in limiting residential properties to a single driveway access to
prevent the creation of property configurations that encourage the proliferation of illegal
home occupations. Permitting a large detached structure with an independent driveway
access to be constructed in a single-family residential district is contrary to that intent.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The parcel has detached single family home, two -car garage, and patio which
allows for reasonable use of a property zoned for residential single-family use. The
inability of the parcel to accommodate the storage of a large collector's vehicle is not a
practical difficulty.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for a detached garage is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: ne applicant purchased the firetruck subsequent to their purchase of the home.
The need for a large accessory storage building on the lot is the result of their purchasing
the firetruck.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Permitting the construction of a second garage served by a second driveway
access would not be in character with the surrounding neighborhood.
f Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harrnony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-20, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments denies a 10 foot west front yard
setback, a 4.3 foot south front yard setback, a 5 foot rear yard setback, a 12.4% lot coverage, and
a second driveway access variance for the construction of a detached garage, and adopts the
attached finding of Facts and Decisions."
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
CITY OF CHANHASSEN
BY:
Chairman
2
11' -,-)- �(_
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317 C17 OF MMSEN
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: ;L0 PC Date: �'l — 1-7 CC Date: I �)—I. I 60 -Day Review Date: 1
Section 1: Application Type (check aT1 thW pply)
(Refer to the appropnste Appication Checidist for required submittal information that must accompany this application)
El
Comprehensive Plan Amendment,.. ......................
$600
El
Subdivision (SUB)
El Minor MUSA line for failing on-site sewers .....
$100
El Create 3 lots or less ........................................ $300
El
Conditional Use Permit (CUP)
0 Create over 3 lots .. ................... $600 + $15 per lot
Single -Family Residence ................................
El All Others
$325
El Metes & Bounds (2 ( lots) .... lots) ....................... $300
.........................................................
$425
consolidate Lots ...... ..... ............................. $150
El
Interim Use Permit (IUP)
Lot Line Adjustment ....... ................................. $150
El In conjunction with Single -Family Residence-
$325
Final Plat .......................................................... $700
El All Others .........................................................
$425
(includes $450 escrow for attorney costs)*
*Additional
escrow may be required for other applications
El
Rezoning (REZ)
through the development contract.
Planned Unit Development (PUD) ..................
$750
0
Vacation of EasementsIRight-of-way (VAC) $300
Minor Amendment to existing PUD .................
$100
........
(Additional recording fees may apply)
All Others ......................... ...............................
$500
Variance (VAR) ................................................. C$200:
El
Sign Plan Review ................................................
$150
_
Wetland Alteration Permit (WAP)
El
Site Plan Review (SPR)
[I Single -Family Residence ............................... $150
0 Administrative ..................................................
$100
El All Others ... ................................................... $275
El Commerciaulndustrial Districts* ......................
$5oo
Plus $10 per 1,000 square feet of building area:
Zoning Appeal ...... ............................................... $100
thousand square feet)
El
Zoning Ordinance
Include numberofoxiSlin employees:
Amendment (ZOA) ................. $500
*fnckAe nurnber of new employees:
El Residential Districts ......................... I ...... I .... ...
$500
NOTE: When multiple applications are proces"d concurrently,
Plus $5 per dwelling unit (_ units)
the appropriate fee shall be charged for each application,
Notification Sign (City to install and remove) � ..... ................. ......................................................................................... (
Property Owners' List within 500' (City to generate after pre -application meeting) ......... ........... I .......... I ............ $3 pe . L2�
�ed�
'410 addresses) 11R,
El Escrow for Recording Documents (check all that ply) ............ ............... .. ...... ........................ ... do'culzignt
C3 Conditional Use Permit Interim Use Permit 0 Site Plan Agreement
El Vacation Variance D Weband �fieration Permit
El Metes & Bounds Subdivision (3 docs.) 0 Easements( easements)
TOTAL FEE:
Section 2: Reauire
Description of Proposal:
Property Address or Location:
Parcel #.-
Legal Description:
Total Acreage: Wetlands Present? Yes No
Present Zoning: Select One Requested Zoning: Select One
Present Land Use Designation: Select One
Requested Land Use Designation:
Existing Use of Property:
El Check box is separate narrative is attached. M? f
FAM, aw-M, 1, zm�
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of fuil legal capacity to file the application. 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 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 authorizabon to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name.- Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the headngs or during the appeal periods. 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, Lcel rtify that the information and exhibits submitted are true and correct
Name: - 1 11 -7n P. K Contact: R-1 Ck_ 0 US7
Address: 77a i F r- -1 e- J� o r F\ 0 Phone:
City/State/Zip: rf 4-::;. 3 1 :2 Cell: 96:1 _12J7 �3qs_)
Email: C-A_W"" . — - cary\ Fax:
Signature: _40,2 ALI� Date:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this applicabon, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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,
PROJECT ENGINEER (if applicable)
Name: Contact:
Address.- Phone:
City/State/Zip: Cell:
Email: Fax:
Section -4: Notificatioll Information
Who should receive copies of staff reports? *Other Contact Information:
El Property Owner Via: E] Email Mailed Paper Copy Name:
D Applicant Via: []Email Mailed Paper Copy Address:
Engineer Via: []Email Mailed Paper Copy Cdy/State/Zip:
Other* Via: El Email El Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
SAVE FORM PIUNT FORM suamn' FORM
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6-A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13- our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6.C. purpose for variance for garage is to house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.D. We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure.
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debrisjunkparts,etc. the outside will be clean and
well kept and landscaped.
OF
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- ot, , 1 2 0 2017
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'�SEII
SEPTEMBER 13, 2017
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK . WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE,
MOUND AND WE WERE IN THE 2015 4" OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TOGO
FOR A VARIANCE, WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MYCURRENTJOBAS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT, WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT.
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
OF
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LEGAL DESCRIPTION:
Lot 12, Block 2, City Lots ofChanhassen, Carver Cotinty. Minnesota,
SCOPE OF WOR&A LT TATIONS:
I . Showing the "'g1h and direction of houndiiry lines of the legal description listed
above. The scope of our services does not include determining what you own,
which is a legni matter. Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as casements, that you wish to be included on the
survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
survey.
3. Setting survey markers or verif�ing existing survey markers to establish the comers
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on (his survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we are not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed
location of the improvements carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum
requirements as the local building and zoning officials in this community are. Be
sure to show this survey to said officials, or any other officials that may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the property.
1� This survey has been completed without the benefit of a current title commitment.
There may be existing casements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
casements or encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes iron survey marker, get, unless otherwise noted,
BENCHMARK -
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LEGAL DESCRIPTION:
Lot 12, Block 2, City Lots ofChanhassen, Carver County, Minnesota,
SCOPE OF WORK & LIMITATIONS:
I Showing the length and directiW of boundary lines of the legal description listed
above. Thc scope of our services does not includc determining what you own.
which is a legal matter. Please check the legal description with your records or
consult with competent legal counei, if necessary, to make sure that it is correct and
that any matters of record, such as casements, that you wish to be included on the
gurvey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
Sunley.
1. Setting survey markers or verifying existing survey markers to establish the corners
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevation% on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site, The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. This survey has been completed without the benefit of a current title commitment.
There may be existing easements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other (him the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
"0" Denotes iron survey marker, set, unless otherwise noted,
,.SOUTH1 RtM OF
MANHOLE ELEV-965.7
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EXISTING HARDCOVER
HOUSE 1,528 SO. FT.
SHED 07 SO. FT.
DqIVEWAY 314 SO. FT.
CONC. WALK/APRON/PATIO 478 SO. FT.
TOTAL EXISTING HARDCOVER 2,417 50. FT,
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 28.3%
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
1, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
November 9, 2017 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 request for
second driveway access, hardcover, front yard setback, and rear setback for a garage
addition on property zoned Single Famfly Residential (RSF) and located at 7721 Erie
Avenue to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such owners in
the United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this--q--dayof 0owAnLpi, 2017.
No4y Public
AM uiLL,41,4-
Kim 1. Me'UV�issen, Depulks—lerk
2KJ"EN�NIFER �ANN P�OTMTERI
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Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal.
Request for second driveway access, hardcover, front yard
setback, and rear setback for a garage addition.
Applicant:
Rick & Elizabeth Nustad
Property
7721 Erie Avenue
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
What Happens
public hearing through the following steps,
at the Meeting:
1 ' Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-20. If you wish to talk to
someone about this project, please contact MacKenzie
Questions &
Walters by email at mwaltersCcDci.chanhassen.mn.us or by
Comments:
phone at 952-227-1132. If you choose to submit written
Comments:
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
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 properywthin 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 reporl 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 dose 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 commercialAndustnal.
• 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).
• Becaus e 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 Wsh to have something to be included in the report,
please contact the Manning Staff person named on the notification. I
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for second driveway access, hardcover, front yard
setback, and rear setback for a garage addition.
Applicant:
Rick & Elizabeth Nustad
Property
7721 Erie Avenue
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
What Happens
public hearing through the following steps:
at the Meeting:
1 . Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-20. If you wish to talk to
someone about this project, please contact MacKenzie
Questions &
Walters by email at mwaltersCcDci.chanhassen.mn.us or by
Comments:
phone at 952-227-1132. If you choose to submit written
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions. Planned Unit Developments, Site Plan Revews, Conditional and Interim Uses, Welland 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 YAII be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting
A neighborhood spokesperson/representative is encouraged to provide a contact for the city, Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
Because the Planning Commission holds the public hearing, the City Council does not, Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report,
please contact the Planning Staff person named on the notification.
TAX -NAME
TAX ADD Ll
..... .........
TAX ADD L2
TAX ADD L3
ADELINE R KAHL
203 77TH ST W
CHANHASSEN
MN 55317-9711
ALEC K NORD
204 77TH ST W
CHANHASSEN
MN 55317-9702
AMY LOUISE DIEDRICH
221 77TH ST W
CHANHASSEN
MN 55317-9711
ANDREW J RUSSELL
224 78TH ST W
CHANHASSEN
MN 55317-9755
ARUN SUBBIAH
2210 MIDLAND GROVE RD # 103
ROSEVILLE
MN 55113-3835
BARBARA PIKE
201 CHAN VIEW
CHANHASSEN
MN SS317-9701
BRIAN P & COLLEEN S NUSTAD
PO BOX 8
CHANHASSEN
MN 55317-0008
BRIANNA A BACHRACH
7706 ERIE AVE
CHANHASSEN
MN 55317-9612
CARVER COUNTY CDA
705 WALNUT ST N
CHASKA
MN 55318-2039
CHAD A MINKEL
7725 FRONTIER TRL
CHANHASSEN
MN 55317-9712
CHAPEL HILL ACADEMY
306 78TH ST W
CHANHASSEN
MN SS317-9734
CHURCH OF ST HUBERT
8201 MAIN ST
CHANHASSEN
MN 55317-9647
CODY PRIBBLE
226 CHAN VW
CHANHASSEN
MN 55317-9613
CRAIG M LARSON
200 CHAN VIEW
CHANHASSEN
MN 55317-9707
CURTIS G & NANCY A ROBINSON
202 77TH ST W
CHANHASSEN
MN 55317-9702
DAYANIRA ZAMORANO
204 CHANVIEW
CHANHASSEN
MN S5317-9707
DEAN C & JANET M BURDICK
206 CHAN VIEW
CHANHASSEN
MN 55317-9707
DOUGLAS FLETCHER
222 77TH ST W
CHANHASSEN
MN 55317-9799
GREGORY J & KAREN J ODASH
221 CHAN VIEW
CHANHASSEN
MN 55317-9750
GREGORY L HUBERS
224 CHAN VIEW
CHANHASSEN
MN 55317-9613
HAGEN HOMES LLC
850 FLYING CLOUD DR
CHASKA
MN 55318-9503
11-13 PROPERTY BORROWER LP
1717 MAIN ST STE 2000
DALLAS
TX 75201-4657
JAMES & KELLEY A DEGROSS
3911 MEADOV,/VIEW LN
ELKO
MN SS020-9538
JAMES M SCHUTROP
222 78TH ST W
CHANHASSEN
MN 55317-9755
JEANNE M BURKE REV TRUST U/A
225 77TH ST W
CHANHASSEN
MN 55317-9709
JEFFREY W & MARY L BORNS
7199 FRONTIER TRL
CHANHASSEN
MN 55317-9605
JOHN E & KAREN M KRAEMER
7703 ERIE AVE
CHANHASSEN
MN 55317-9612
JOHN W & PAULA J ATKINS
220 78TH ST W
CHANHASSEN
MN 55317-97S5
JOSH D & JULIE N PICKARD
204 78TH ST W
CHANHASSEN
MN 55317-9755
JOSHUA H PAINE
LARRY A & KATHLEEN A SCHROEDER
7701 ERIE AVE
7720 FRONTIER TRL
CHANHASSEN
CHANHASSEN
MN 55317 -
MN 55317-9753
MADELINE A HILL
MARY E JANSEN ETAL
206 78TH ST W
17720 ERIE AVE
CHANHASSEN
ICHANHASSEN
MN SS317-9713
MN 55317-9713
MATTHEW FAUST
7723 FRONTIER TRL
CHANHASSEN
MN 55317-9712
MORGAN ASHLEY DVORAK
203 CHAN VIEW
CHANHASSEN
MN 55317-9701
NICHOLAS & PATRICIA PEKAREK
202 CHAN VIEW
CHANHASSEN
MN 55317-9707
PAUL F & RITA M ROJINA
220 77TH ST W
CHANHASSEN
MN 55317-9799
RICHARD & KATHY GAVERT
RICHARD A & ELIZABETH M NUSTAD
ROBERT& JOANNE R MEUWISSEN
17701 FRONTIER TRL
7721 ERIE AVE
201 77TH ST W
ICHANHASSEN
CHANHASSEN
CHANHASSEN
I MN 55317-9712
MN 55317-9713
MN 55317-9711
RONALD & ELAINE ROESER
222 CHAN VIEW
CHANHASSEN
MN 55317-9613
THOMAS A & LYNN M PAULY
7721 FRONTIER TRL
CHANHASSEN
MN 55317-9712
TODD W PERTTU
203 1/2 CHAN VIEW
CHANHASSEN
MN 55317-9701
TONJA ST MARTIN
207 CHAN VIEW
CHANHASSEN
MN 55317-9701
TROY P KIMPTON
205 CHAN VIEW
CHANHASSEN
MN 55317-9701
TWIN CITIES & WESTERN RAILROAD
2925 12TH ST E
GLENCOE
MN 55336-3368
VERDELL BORTH
202 78TH ST W
CHANHASSEN
MN 55317-9755
MEMORANDUM
CITY OF C HANHASSE N
Chanhassen is a Community for Life -ProvidingforToday and Planning forTornorrow
TO: MacKenzie Walters, Assistant Planner
FROM: Stephanie Smith, Project Engineer
DATE: November 21, 2017
SUBJ: Variance for second driveway access, hardcover and setbacks for a garage addition
for property zoned Single -Family Residential (RSF) and located at 7721 Erie
Avenue
Planning Case: 2017-20
I have reviewed the above request for a variance and have the following comments:
Second Driveway Access
The 2030 Comprehensive Plan calls out a minimum 40 -foot spacing between driveways. This
standard is in place to improve safety and reduce driveway confusion. ne proposed spacing is
approximately four feet between the existing driveway and the proposed driveway. This does not
meet the standard set forth in the Comprehensive Plan. Staff does not recommend approval of the
variance for a second driveway access onto Erie Avenue.
Staff has recommended the applicant tie the proposed driveway into the existing driveway, thereby
only having one driveway access for the property. If the applicant incorporates this recommendation
into their design, a variance for a second driveway access would not be necessary.
Impervious Surface
This area of Chanhassen was platted in 1889. Although some stormwater pipe was constructed in
the area in the 1960's and a stormwater pond was constructed in the 1980's, there is insufficient
treatment of that stormwater by current standards. This neighborhood also has a known history of
street flooding.
This parcel is already 3.3 percent over the maximum 25 percent hardcover allowed. The proposed
garage and driveway would increase this non -conformity 12.4 percent over the allowed maximum
or 37.4 percent in total. Staff does not recommend granting the hardcover variance, as this will
increase stormwater runoff in an under -treated neighborhood that has known flooding.
PH 952.227.1100 - wwwAchanhassennn-us - FX 952.227-1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
MacKenzie Walters
7721 Erie Avenue Variance Engineering Memo — Planning Case 2017-20
November 21, 2017
Page 2 of 2
If the variance is approved, the applicant shall revise their design to minimize the amount of
hardcover and construct stormwater BMP(s) to treat all runoff created by all impervious surface
over the 25 percent maximum.
Conditions of Approval:
1. Applicant shall submit a scale copy of existing and proposed plans.
2. Applicant shall work with staff to revise their design toward minimizing the amount of
hardcover.
3. Applicant shall construct stormwater BMP(s) to treat all runoff created by all impervious
surface over 25 percent.
) IkP�j i
V-4
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2A
LEGAL DESCRIPTION.
Lot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
1. Showing the length and direction of boundary lines of the legal description listed
above. The scope of our services does not include determining what you own,
which is a legal matter, Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as easements, that you wish to be included on the
survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
survey.
3. Setting survey markers or verifying existing survey markers to establish the comers
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we are not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed
location of the improvements carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum
requirements as the local building and zoning officials in this community are. Be
sure to show this survey to said officials, or any other officials that may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the property.
8. This survey has been completed without the benefit of a current title commitment.
There may be existing casements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
"*" Denotes iron survey marker, act, unless otherwise noted.
PROPOSED HARDCOVER
HOUSE 1,528 SO. FT.
PROPOSED GARAGE 700 SO. FT.
EXISTING DRIVEWAY 314 SO. FT.
PROPOSED DRIVEWAY 280 SO. FT.
CONC. WALKIAPRON/PATIO 368 SO. FT.
TOTAL PROPOSED HARDCOVER 3,190 SO. FT.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 37.4%
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MI"I 7917 H h�fy No. 7
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Phom IOU) 474-7964
W.0; —d.—.—
LIENTIJOB ADDRESS
RICHAM NUSTAD
7721 ERrE A VF.
CHAXHASSEN, MN
SHEET TrrLE
I PROPOSFD SURVEY
SHEET SIZE: 11 X I?
DRAWING NUMBER
EXISTING 171066 WP PROPOSKI)
DWELLING
DATE $URVEYED� SEPTBEM13F.R, 2011
DATE DRAFTED: OCTOBER 11, 2017
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SEPTEMBER 13, 2017
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK. WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE,
MOUND AND WE WERE IN THE 2015 4 TH OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO
FOR A VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MY CURRENT JOB AS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT,
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
C17" OFCHANHASSP
REC-Sk E -,l
OC T 2 " -;, 20 17
CHANHASSENFIANIM�';-)Spr
la -
Walters, MacKenzie
From:
Archer, Jessica
Sent:
Monday, October 30, 2017 10:47 AM
To:
Walters, MacKenzie
Subject:
Variance Review
Follow Up Flag:
Follow up
Flag Status:
Flagged
Good Morning MacKenzie,
I have looked through all of Jerry's folders and I am not seeing a form letter for the variance review so I'll comment
below.
204 West 78" Street
Variance
The variance for surface coverage of lot: no building department concerns
The variance for pergola structure:
Building permit required if the structure is attached to the existing structure (not free-standing). Provide a
permit application and building plans for the proposed structure.
7721 Erie Ave
Variance
Variance for detached garage:
• Building permit is required for the proposed work. Plans must comply with the 2015 IVIN State Building Code.
Because of the 5' setback distance from the existing garage, projections (which would include overhangs) will
need to comply with fire -resistance construction found in the IRC Table R302.1(1)
• The detached structure will need to comply with wall bracing requirements found in R602.10 (IRC)
Thanks,
I f
Jessica Archer
Building Official
CITY OF CHANHASSEN
PH. 952.227.1199
FX. 952.227.1190
www.ci.chanhassen.mn.us
AR
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
* CITY OF CHOHASSEN
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
IPlease review and respond no later than the review response deadline
Agency Review Request Date:
October 25. 2017
Agency Review Response Deadline:
November 9, 2017
Date Application Filed:
October 20, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Building Official
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11. 2017 at 7:00 p.m.
December 19, 2017
Application:
Request for second driveway access, hardcover, front yard setback, and rear setback for a garage addition for property
zoned Single Family Residential SF) and located at 7721 Erie Avenue. Applicant/Owner: Rick & Elizabeth Nustad.
Planning Case: 2017-20 Web Page: www.ci.chanhassen.mn.us/2017-20
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
Admacent Cities:
El
Attorney
0
Army Corps of Engineers
El
Chaska
Building Official
El
US Fish & Wildlife
El
Eden Prairie
Engineer
0
Jackson Township
Fire Marshal
Watershed
Districts:
E]
Minnetonka
Forester
Park
El
Carver County WMO
F]
El
Shorewood
Victoria
Director
Water Resources
E]
Lower MN River
F�
Law Enforcement
[]
Minnehaha Creek
Adiacent
Counties:
El
Riley -Purgatory -Bluff Creek
Carver County Agencies:
Utilities:
E]
Hennepin
Scott
F�
[:1
Community Development
Engineer
E]
Cable TV — Mediacom
School Districts:
El
Environmental Services
0
Electric — Minnesota Valley
F-1
Historical Society
E]
Electric — Xcel Energy
Eastern Carver County 112
0
Parks
El
Magellan Pipeline
E]
Minnetonka 276
D
Soil & Water Conservation District
E]
Natural Gas — CenterPoint Energy
Phone — CenturyLink
Other Agencies:
State Agencies:
Hennepin County Regional Railroad
El
Board of Water & Soil Resources
Authority
MN Landscape Arboretum
El
F1
Health
Historical Society
SouthWest Transit
Ej
TC&W Railroad
El
Natural Resources -Forestry
El
Natural Resources -Hydrology
El
Pollution Control
El
Transportation
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
CITY OF CHMNSEN
0
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
T
AGENCY REVIEW REQU
LAND DEVELOPMENT PROPOSAL
Please review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
October 25. 2017
November 9, 2017
October 20, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11, 2017 at 7:00 p.m.
Decem ber 19, 2 017
Application:
Request for second driveway access, hardcover. front yard setback. and rear setback for a garage addition for property
zoned Single Family Residential (RSF) and located at 7721 Erie Avenue. Applicant/Owner: Rick & Elizabeth Nustad.
Planning Case: 2017-20 1 Web Page: www.ci.chanhassen.mn.us/2017-20
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies: Adlacent Cities�
ED Attorney E] Army Corps of Engineers El Chaska
Building Official US Fish & Wildlife D Eden Prairie
Engineer 0 Jackson Township
Fire Marshal Watershed Districts: 0 Minnetonka
Forester El Carver County WMO El Shorewood
Park Director E] Victoria
M Lower MN River
Water Resources
Law Enforcement El Minnehaha Creek Adiacent Counties:
El Riley-Purgatory-Biuff Creek
El Hennepin
Carver County Agencies: Utilities: Scott
Community Development 0 Cable TV — Mediacom School Districts:
Engineer
F1 Electric — Minnesota Valley
Environmental Services Electric — Xcel Energy [] Eastern Carver County 112
El Historical Society Magellan Pipeline E] Minnetonka 276
M Parks Natural Gas — CenterPoint Energy
El Soil & Water Conservation District
Phone — CenturyLink Other Agencies:
State Agencies: Hennepin County Regional Railroad
Authority
0 Board of Water & Soil Resources E] MN Landscape Arboretum
Health SouthWest Transit
Historical Society TC&W Railroad
Natural Resou rces- Forestry
El Natural Resources -Hydrology
El Pollution Control
0 Transportation
1.1 — d_0
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMSEN
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
D IPC Date: 11 ---Ill — 1-7 CCDate: 60 -Day Review Date:
Submittal Date: -0
Section 1: Application Type (check all that apply)
(Refer to the approphate Application Checklist for required submittal information that must accompany this application)
F� Subdivision (SUB)
E] Create 3 lots or less ........................................ $300
Create over 3 lots ....................... $600 + $15 per lot
lots)
Metes & Bounds (2 lots) .................................. $300
Consolidate Lots .............................................. $150
E] Lot Line Adjustment ......................................... $150
Final Plat.. ........................................................ $700
(Includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract.
El vacation of Easements/Right-of-way (VAC) ........ $300
(Additional recording fees may apply) -
Variance (VAR) .................................................. C$2 0 0
Wetland Alteration Permit (WAP)
Single -Family Residence ............................... $150
All Others ............ ..................................... $275
E] Zoning Appeal ...................................................... $100
E] Zoning Ordinance Amendment (ZOA) ................. $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
NotificationSign (City to install and remove) ................................................................................................................... '-- �2O 0
Property Owners' List within 500' (City to generate after pre -application meeting) .......... ... a- d-- d-- r. e-- s-- s.- e-- s--) ............. $3 pe���
(�i� � I I R,
F] Escrow for Recording Documents (check all that apply) ..................................................................... d6o6al=
El Conditional Use Permit Interim Use Permit [:1 Site Plan Agreement
Vacation Variance Ej Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) Easements( easements) TOTALFEE: V C-10
_B Q, W l5n-rn,�) e- — �NOJFc V,
Description of Proposal: I � 0 1
Property Address or Location
Parcel #:
Total Acreage-.
Wetlands Present? 0 Yes F� No
Present Zoning-, Select One Requested Zoning: Select One
Present Land Use Designation: Select One Requested Land Use Designation: Select One 4�9:'�fl
Existing Use of Property:
t(j
F-1 Check box is separate narrative is attached.
Comprehensive Plan Amendment .........................
$600
E Minor MUSA line for failing on-site sewers .....
$100
F�
Conditional Use Permit (CUP)
El Single -Family Residence ................................
$325
El All Others .........................................................
$425
El
Interim Use Permit (IUP)
El In conjunction with tiingle-Family Residence..
$325
ElAll Others .........................................................
$425
Ej
Rezoning (REZ)
0 Planned Unit Development (PUD) ..................
$750
El Minor Amendment to existing PUD .................
$100
0 All Others ............................................ ............
$500
Sign Plan Review .......... ........................................
$150
Site Plan Review (SPR)
[I Administrative ..................................................
$100
El Commercial/Industrial Districts . .................. ...
$500
Plus $10 per 1,000 square feet of building area:
thousand square feet)
Include number of existing empioyees�
*Include number of new employee&
Residential Districts ............................ 11 ...........
$500
Plus $5 per dwelling unit ( units)
F� Subdivision (SUB)
E] Create 3 lots or less ........................................ $300
Create over 3 lots ....................... $600 + $15 per lot
lots)
Metes & Bounds (2 lots) .................................. $300
Consolidate Lots .............................................. $150
E] Lot Line Adjustment ......................................... $150
Final Plat.. ........................................................ $700
(Includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract.
El vacation of Easements/Right-of-way (VAC) ........ $300
(Additional recording fees may apply) -
Variance (VAR) .................................................. C$2 0 0
Wetland Alteration Permit (WAP)
Single -Family Residence ............................... $150
All Others ............ ..................................... $275
E] Zoning Appeal ...................................................... $100
E] Zoning Ordinance Amendment (ZOA) ................. $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
NotificationSign (City to install and remove) ................................................................................................................... '-- �2O 0
Property Owners' List within 500' (City to generate after pre -application meeting) .......... ... a- d-- d-- r. e-- s-- s.- e-- s--) ............. $3 pe���
(�i� � I I R,
F] Escrow for Recording Documents (check all that apply) ..................................................................... d6o6al=
El Conditional Use Permit Interim Use Permit [:1 Site Plan Agreement
Vacation Variance Ej Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) Easements( easements) TOTALFEE: V C-10
_B Q, W l5n-rn,�) e- — �NOJFc V,
Description of Proposal: I � 0 1
Property Address or Location
Parcel #:
Total Acreage-.
Wetlands Present? 0 Yes F� No
Present Zoning-, Select One Requested Zoning: Select One
Present Land Use Designation: Select One Requested Land Use Designation: Select One 4�9:'�fl
Existing Use of Property:
t(j
F-1 Check box is separate narrative is attached.
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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, I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of matedal and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name:'1vV,— R'l-7nLk 2 A Contact: R'l us��
Address: -7 _7a I e- 'C- r\ 0 C�_ Phone:
City/State/Zip: n-\r� Cell: 96�2 -LU 7 -3 LIS 2
Email: r Cd ry� C-0 M Fax:
Signature: Date:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone�
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
Property Owner Via: 0 Email D Mailed Paper Copy Name:
Applicant Via: E Email El Mailed Paper Copy Address:
M Engineer Via: 0 Email E] Mailed Paper Copy City/State/Zip:
Other* Via: E] Email 0 Mailed Paper Copy Email:
,INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required). SAVE FORM F PRINT FORM SUBMIT FORM
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6.A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13. our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6.C. purpose for variance for garage isto house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.1). We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure .
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debris,junk,parts,etc. the outside will be clean and
well kept and landscaped.
OF( I 1AhHA,&-'EV
Recnvil-� "
OC11- 2 Li 2017
SEPTEMBER 13, 2017
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK. WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE,
MOUND AND WE WERE IN THE 2015 4 TH OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO
FOR A VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MY CURRENT JOB AS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT.
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
OF(-'jAhHAS'-'Ef
r! C
OCT 2
P&*' �NjjNi- "Fri
LE(JAL DESCRIPTION:
Lot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota,
SCOPE OF WORK & LIMITATIONS:
I . Showing the length and direction of boundary lines of the legal description listed
above. The scope of our services does not include determining what you own,
which is a legal matter, Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as casements, that you wish to be included on the
survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
survey.
3, Setting survey markers or verifying existing survey markers to establish the comers
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other featurc shown on the Survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we are not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed
location of the improvements carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum
requirements as the local building and zoning officials in this community are. Be
sure to show this survey to said officials, or any other officials that may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the property.
9. This survey has been completed without the benefit of a current title commitment,
There may be existing casements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other than the ones shown hereon.
STANDARD SYM13OLS & CONVENTIONS:
'e" Denotes iron survey marker, set, unless otherwise noted.
PROPOSED HARDCOVER
HOUSE
1,528
SO.
FT.
PROPOSED GARAGE
700
SO.
FT.
EXISTING DRIVEWAY
314
SO.
FT.
PROPOSED DRIVEWAY
280
SO.
FT.
CONIC. WALK/APRON/PATIO
368
SO.
FT.
TOTAL PROPOSED HARDCOVER 3,190 SO. FT.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 37.4%
EIENCHMARKF
SOUTH RIM OF
MANHOLE ELEV-965.7
EXISTING HARDCOVER
HOUSE 1,528 SO. FT.
SHED 97 SO. FT.
DRIVEWAY 314 SO. FT.
CONC. WALK/APRON/PATIO 478 SO. FT.
TOTAL EXISTING HARDCOVER 2,417 SO. FT.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 215.3%
966. -
I
IRON
T-
Cff,4jV VIF#r
VAdvance
Su")#ng & ErIgin.orop. Co.
MI"I 7917 H�h—y �� 7
etb�ka. Innemoto 5534.5
Ph-. 1-2� 474-79114
Web; —sd--m
g.LIENT/JOB ADDRESS
RICHARD NUSTAD
7721 ERIE AVE.
CMCV11ASSFN, MN
SHEET TITLE
PROPOSFD SURVFY
SHEET SIZE: I I X 17
DMWINQ NUMBER
EXISTING 17 1 o66 WP PROPOSFD
DWELLING
DATESUWVEYED SEPTBEMBER.2017
DATEORAFTEQ� OCTOBER11,2017
.117"A OEPYN
964.6 -r'E5 TO Nor 4"�Nns/&-G,
E)t7SpN0 - AS
GRADES
NO IRON
A I I El/
L -L
I NEREBY CERIIFY THAT THIS PLAK 2MVEY OR REPORT
W45 PREPARED BY ME OR UNDER MY DIRICT
SPERIASION AND TKAT I AM A M&Y REGISTERED tAND
SURVEYOR UNI)" TW LAWS OF OF
N14NISDIA.
#43503 OCTOBER 11, 2017
LICENSE wo: ------IME
DRAWING ORIENTATION III $CA4E
CIO
SHEE1 NO,
Pi
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6.A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13. our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6.C. purpose for variance for garage is to house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.D. We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure .
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debris,junk,parts,etc . the outside will be clean and
well kept and landscaped.
OF CHANHAW-
RECEK'er)
0C 1 2 Li 2017
("'ANHASSEN pjA NNI�, ;' FP'r
t3 _I_ .
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
0 CITY OF CHMNSEN
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Agency Review Request Date: Agency Review Response Deadline:
October 25, 2017 November 9, 2017
Contact: Contact Phone:
MacKenzie Walters 952-227-1132
Assistant Planner
Planning Commission Date: City Council Date:
November 21, 2017 at 7:00 p.m. December 11 � 2017 at 7:00 p.m.
Application:
Request for second driveway access, hardcover, front yard setback. and reai
zoned Single Family Residential (RSF) and located at 7721 Erie Aven�!�
Planning Case: 2017-20 1 Web Page: www.ci.chanhassen.mn.us/' ,
impvllww�t " �
UAi . A at I
I
rack -6bymaO
IVKPM� 0A
41
PyD1V(AA- -
-tA
LV
In order for staff to provide a complete analysis of issues for Planning Comi 0�&'� - A
'0
__7appreciate your comments and recommendations concerning the impact of U
proposed future utility services, storm water drainage, and the need for acq
street extensions or improvements, and utilities. Where specific needs or protmems 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. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
Adoacent Citiesi
El
Attorney
Ej
Army Corps of Engineers
El
Chaska
Building Official
El
US Fish & Wildlife
0
Eden Prairie
Engineer
El
Jackson Township
Fire Marshal
Watershed
Districts:
El
Minnetonka
Forester
Park Director
El
Carver County WMO
0
El
Shorewood
Victoria
Water Resources
F�
El
Lower MIN River
Minnehaha Creek
El
Law Enforcement
El
Riley Creek
Adoacent Coynties:
-Purgatory -Bluff
Carver County Agencies:
Utilities:
El
El
Hennepin
Scott
Ej
Community Development
El
Cable TV — Mediacom
El
El
Engineer
Environmental Services
0
Electric — Minnesota Valley
School
Districts:
D
Historical Society
El
Electric — Xcel Energy
Eastern Carver County 112
El
Parks
El
Magellan Pipeline
Minnetonka 276
El
Soil & Water Conservation District
Natural Gas — CenterPoint Energy
Phone — CenturyLink
Other Agencies:
State Agencies:
Hennepin County Regional Railroad
0
Board of Water & Soil Resources
El
Authority
MN Landscape Arboretum
El
El
Health
Historical Society
0
SouthWest Transit
E]
TC&W Railroad
El
Natural Resou rces- Forestry
El
Natural Resources -Hydrology
El
Pollution Control
[_1
Transportation
11 - d -O
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMSEN
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
! 60 -Day Review Date:
Submittal Date: PC Date: 7 CC Date:
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
El
Comprehensive Plan Amendment .........................
$600
Subdivision (SUB)
El Minor MUSA line for failing on-site sewers .....
$100
E] Create 3 lots or less ........................................
$300
El Create over 3 lots ... ................... $600 + $15
per lot
Conditional Use Permit (CUP)
I ots)
El Single -Family Residence ................ I ...............
$325
E] Metes & Bounds (2 lots) ..................................
$300
0 All Others ...................................... ..................
$425
R Consolidate Lots ..............................................
$150
El
interim Use Permit (IUP)
El Lot Line Adjustment .........................................
Final Plat
$150
$700
D In conjunction with Single -Family Residence..
$325
..........................................................
(Includes $450 escrow for attorney costs)*
ElAll Others .........................................................
$425
*Additional escrow may be required for other applications
Rezoning (REZ)
through the development contract.
EJ Planned Unit Development (PUD) ..................
$750
Vacation of Ease m ents/R ig ht -of -way (VAC) ........
$300
D Minor Amendment to existing PUD .................
$100
(Additional recording fees may apply)
-
DAll Others .........................................................
$500
Variance (VAR) ..................................................
. C$2 0 0:
Sign Plan Review ...................................................
$150
Wetland Alteration Permit (WAP)
El
Site Plan Review (SPR)
El Single -Family Residence ...............................
$150
Administrative ..................................................
$100
F� All Others ....................................................... $275
Commercial/Industrial Districts . ......................
$500
Zoning Appeal ...................................................... $100
Plus $10 per 1,000 square feet of building area:
thousand square feet)
*Include
F�
Zoning Ordinance Amendment (ZOA) ................. $500
number of existing ernployees�
*Include number of new employees:
Re Sidential Districts
$500
NOTE: When multiple applications are processed concurrently,
.........................................
Plus $5 per dwelling unit ( units)
the
appropriate fee shall be charged for each application.
—
;K Notification Sign (City to install and remove) ..........................................................................................................
Property Owners' List within 500' (City to generate after pre -application meeting) ............ addr'es s** e** ...... $3 pe���
Escrow for Recording Documents (check all that apply) .......................................................... ......... do3tull=
Conditional Use Permit EJ Interim Use Permit [] Site Plan Agreement
Vacation Variance F1 Wetland A ermit
�Iteration P
Metes & Bounds Subdivision (3 docs.) Easements( easements) IF W
TOTAL FEE: S%FS
Description of Proposal
�_; I �-� Czxx_ro,!� e- '( o �\o j S, L V'1 (- e � (-ur V_ (�o � t r>)
Property Address or Location:
Parcel #:
Total Acreage:
Present Zoning: Select One
Wetlands Present? El Yes F� No
. Select One
Present Land Use Designation.
Existing Use of Property:
0 Check box is separate narrative is attached.
Requested Zoning: Select One GT, -,k -CX
Requested Land Use Designation: Select One
IDVELI
f -U! I
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct.
Name: �Ii( V, — P I '17,a � A K)I �2::S�aA Contact: R'l
Address: Dal Pr_'�e_ Phone:
City/State/Zip: C 1&e1r\ ) �Y\ n Cell: q
Email: _Q.�) n rVA r )� : \ cc
AD ry ICK% ry\ Fax:
Signature. )J A),26AV Date:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email.- Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Infor7nation:
0 Property Owner Via: F1 Email [] Mailed Paper Copy Name:
F1 Applicant Via: El Email El Mailed Paper Copy Address:
El Engineer Via: El Email [] Mailed Paper Copy City/State/Zip:
El Other* Via: 0 Email F1 Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along vAth required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
SAVE FORM—] PRINT FORM SUBMIT FORM]
WRITTEN JUSTIFICATION OF VARIANCE REQUEST
6.A. Purpose of the variance request is to build garage to house antique
firetruck. Plans are for garage to match house with external colors and lighting
and to blend in with surroundings.
6.13. our lot is part of old original plots for Chanhassen therefore they are
smaller in size then newer lots.also known as sub standard lot..
6.C. purpose for variance for garage is to house antique firetruck and that is all.
Garage dimensions are minimized from original drawings to include fire engine
only. We have had truck for 5 years and have been paying for outdoor storage
and want to bring truck inside from the elements to prevent further damage to
truck -rust, rain sunlight etc. long term plan is to restore truck fully and
participate in parades etc.
6.D. We purchased house 19 years ago and this was the lot size at that time
and we need variance to build accessory structure .
6.E. we want to build accessory building to house antique fire truck. We want
to maintain the integrity of neighborhood. There are other similar /bigger
garage structures in neighborhood. If granted our variance, the outside of our
garage will be free of any debris,junk,parts,etc. the outside will be clean and
well kept and landscaped.
OFCANHAS,
of N -
%at 2 Li 2017
SEPTEMBER 13, 2017
THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHAN HASSE N.
MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED
IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE
TRUCK. WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE ,
MOUND AND WE WERE IN THE 2015 4 TH OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN
ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE
HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON (OUTDOORS) BUT WANT IT INDOORS
AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO
FOR A VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE
FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND
SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS
ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK
AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE
MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED
WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MY CURRENT JOB AS
DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED ME IN DEALING WITH
CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR
US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER
COMING TO FRONTIER DAYS IN THE 1960s AND HAVE SEEN THIS TOWN GROW FROM A SMALL
FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN
ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED
HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE
LESS ABOUT IT.
THANK YOU FOR YOUR TIME
Rick and Liz Nustad
OF Er
R-SCE'lVE'
OC T 2 o! 20 1
PLp"NA,
LEGAL DESCRIPTION:
Lot 12, Block 2, City Lots ofChanhassen, Carver County. Minnesota.
SCOPE OF WORK & LIMITATIONS:
I . Showing the length and direction of boundary lines of the legal description listed
above. The scope of our services does not include determining what you own,
which is a legal matter. Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as easements, that you wish to be included on the
survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
survey.
3. Setting survey markers or verifying existing survey markers to establish the corners
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction,
6. Showing elevations on the site at selected locations to give some indication of the
topography of' the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. While we show a proposed location for this garage, we arc not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed
location of the improvements carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum
requirements as the local building and zoning officials in this community are. Be
sure to show this survey to said officials, or any other officials that may have
jurisdiction over the proposed improvements and obtain their approvals before
beginning construction or planning improvements to the property.
H. This survey has been completed without the benefit of a current title commitment.
There may be existing easements or other encumbrance, that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes iron survey marker, set, unless otherwise noted.
BENCHMARK
SOUTH RIM OF
MANHOLE ELEV-985.7
I /11<
PROPOSED HARDCOVER EXISTING HARDCOVER
HOUSE 1,528 SO. FT. HOUSE 1,528 SO. FT.
PROPOSED GARAGE 700 SO. FT. SHED 97 SO. FT.
EXISTING DRIVEWAY 314 SO. FT. DRIVEWAY 314 SO. FT.
PROPOSED DRIVEWAY 280 SO, FT. CONC. WALK/APRON/PATIO 478 SO. FT.
CONC. WALK/APRON/PATIO 36B SO. FT.
TOTAL PROPOSED HARDCOVER 3,190 SO. FT. TOTAL EXISTING HARDCOVER 2,417 SO. FT.
AREA OF LOT 8,529 SO. FT. AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 37.4% LOT COVERAGE /--2 .3%
-IRO±M
CMY VIZEY
Advance
I "17 h%ly No* I
. .. N. -t. 55,�15
Pho,-(-2)4?4-?984
W.b. —d---
CLIENT/JOB APDRES$
RICHARD NUSTAD
7721 ERIE A VK
CHANHASSFN AIN
SHEET TrTLE
PRON)SKn strRvFy
SHEET SIZE: II X IT
DRAWINQ NUMBER
EXISTING 171066 WP JPRopos-wn
DWELLING
DATE SURVEYED: $EPTSEMBER . 2017
DATEDRAFTEO Q�TOEIERit;017
9646 a TO N., F0077"
"Cr /bLOCK
EVST`��G �RAASDES
,rF(XJND IRON ( '/ -,.1
k I I f—'/ op Cly,
I /L /I
I NERM CRTFY THAT M PLAN. SJhTY OR ROWT
WAS PREPARED IN if OR UNDER MY DIRECT
SPERIVISICIN AND THAT I AM A DULY AEOISITRED LAND
SLIRME" LINDER D1 LAWS OF THE S
MIMNESDT,
7,
N43503 OCTOBER 11, 2017
DRAWING C)RIERIATION 41CALE
Pi
LEGAL DESCRIPTION: /Z --x
Lot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota. IlAdvance
T_
EIENCHMARK�
SCOPE OF WORK & LIMITATIONS: CHWY VIEF 17917 Highlay N,, 7
SOUTH RIM OF MInnelonk., Minrasota 5534S
I Showing the length and direction of boundary lines of the legal description listed MANHOLE ELEV-965.7 Ph- (952)474-7964
above. The scope of our services does not include determining what you own, OT Web::=',Adr.=m
which is a legal matter. Please check the legal description with your records or
CLIEN7�jOB ADDRESS
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as casements, that you wish to be included on the RICHARD NUSTAD
survey have been shown. N 89'25'03" EQ
2. Showing the location of observed existing improvements we deem necessary for the 0 JF_ - 60.00 — F D IRON 7721 ERIE AVE.
i L CHANHASSEN, Aff
survey. (9.6 5 7S/T
.1. Setting survey markers or verifying existing survey markers to establish the comers 963.5
SHEET TITLE
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco. EXISTINGSURVEY
5. Showing and tabulating impervious surface coverage of the lot for your review and N
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction. SHEET SIZE� 11 X 17
6. Showing elevations on the site at selected locations to give some indication of the 2o.7 tqo�,
topography of the site. We have also provided a benchmark for your use 'in K %41 DRAWINQ NQMJER
determining elevations for construction on this site. The elevations shown relate only ki
to the benchmark provided on this survey. Use that benchmark and check at least I
EXISnNG 171066 WP FXLI;TfNG
DWELLING
one other feature shown on the survey when determining other elevations for use on `1111
this Site Or before beginning construction. I
7. This survey has been completed without the benefit of a current title commitment. IN 966,3 b DATE SJRvEYED� SEPTEIEMBER, 2017
There may be existing easements or other encumbrances that would be revealed by a z %3.9
current title commitment. Therefore, this survey does not purport to show any 0 z DATE [)��EDI OCT08ER 11, 2017
easements or encumbrances other than the ones shown hereon. -1
!Q ATE 1 REIASION DESCRIPTION
STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes iron survey marker, set, unless otherwise noted.
OD P,
25.1
DRI"Ay ------ -
33 1 IKIEM .111 -1 INS PLAII 11-1 CR —1
--------- -------------
WAS PREPARED BY ME OR LKER MY DIRECT
SUPEPYISIDN AND THAT I AM A CULY REGISTERED LAND
SWKYCR UNDER THE LAWS OF 7MS IF
X 964,7 MNMESDTJL
-967 P"
#43503 OCTOBER 11, 2017
.6_,
9644 LICENSE 40,
967 1 DRAVIANG ORIENTATION A SCALE
EXISTING HARDCOVER 9645
HOUSE 1,528 SO. FT.
SHED 97 SO. FT.
�7
DRIVEWAY 314 So. FT.
CONC. WALK/APRON/PATIO 478 SO. FT.
60.09, 1P SHEET NO,
4:
TOTAL EXISTING HARDCOVER 2,417 SO. FT. S 89'29'51" W A I IT
967.
AREA OF LOT 8,529 SO. FT.
LOT COVERAGE 28.3% NO IRON
SHEET I OF I
NM)
Property Card I Parcel ID Number 250500210
Taxpayer Information
Taxpayer Name
RICHARD A& ELIZABETH M NUSTAD
Mailing Address
7721 ERIE AVE
CHANHASSEN, MN 55317-9713
Property Address
Address
7721 ERIE AVE
City
CHANHASSEN, MN 55317
Parcel Information
Building Style 1 Story Frame
Above Grade 1040
Finished Sq Ft
Uses Res 1 unit
GIS Acres
0.19 Net Acres
Deeded Acres
$69,200.00
Plat
CITY LOTS OF CHANHASSEN
Lot
012
Block
002
Tax Description
$223,800.00
Building Information
Building Style 1 Story Frame
Above Grade 1040
Finished Sq Ft
Bedrooms 3
Year Built 1959
Garage Y
$69,200.00
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0112 1 WS 064 RILEY PURG BLUFF Y I N I N
Assessor Information
Estimated Market Value
2016 Values
(Payable 2017)
2017 Values
(Payable 2018)
Last Sale
Land
$69,200.00
$69,200.00
Date of Sale 5/28/1999
Building
$140,300.00
$154,600.00
Sale Value $145,000.00
Total
$209,500.00
$223,800.00
The data provided herewith is for reference purposes only. This data is not suitable fo, ega engineering, surveying or other similar purposes. Carver County does notguarantee the accuracy ofthe
information contained herein. This data is furnished on an 'as is' basis and Carver County makes no representations or warranties, either expressed or implied, for the merchantability or fitness of the
information provided fo, any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the use, of the data
provided herein acKnowledges that Carver County shall not be liable for any damages, and by using this data in any way expressly waves all claims, and agrees to defend, indemnify, and ho:d
narmless Carver County, its officials, officers, agents. employees, etc. from any and all claims brought by anyone who uses the information provided forherein, its employees oragents, or
tn-d pa -t es whi& arise out of user's access. By acceptance of this daW the use, agrees not to transmit this data or provide access to it o, any part of it to another party unless the use� includes
w4n t�)e data a copy of this discLaimer.
Wednesday, October 25, 2017 Carver County, MIN
LLGAL DESCRIPTION:
Lot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
I . Showing the length and direction of boundary lines of the legal description listed
above. The scope of our services does not include determining what you own,
which is a legal matter. Please check the legal description with your records or
consult with competent legal counsel, if necessary, to make sure that it is correct and
that any matters of record, such as easements, that you wish to be included on the
survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the
survey.
3. Setting survey markers or verifying existing survey markers to establish the comers
of the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and
for the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benchmark and check at least
one other feature shown on the survey when determining other elevations for use on
this site or before beginning construction.
7. This survey has been completed without the benefit of a current title commitment.
There may be existing easements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other than the ones shown hereon.
ISTANDARD SYMBOLS & CONVENTIONS:
"e" Denotes iron survey marker, set, unless otherwise noted.
T.
BENCHMARK,
Cff,4)V VIEF
SCXJTH RIM OF
MANHOLE ELEV.-965.7
'N 89'25'03' EQ
0 JP '-,60.00
/ le
I ,
IN
IP&
111
9663
V6;9-
z
20.7
------------
26.0
$64.1
'ENTRANCE
DRIVEWAY
33
--------- -------------
EXISTING HARDCOVER
HOUSE 1,528 SO. FT
SHED 97 SO. FT
DRIVEWAY 314 SO. FT
CONC. WALK/APRON/PATIO 478 SO. FT
TOTAL EXISTING HARDCOVER 2,417 SO. FT
AREA OF LOT 8,529 SO. FT.
L07 COVERAGE 28.3%
9670
9",
967
A X 964.7
%4.6
K
L
Advance
Su—ong & EfIgino-ow, Co.
17917 H�hway No. 7
Mi—lo,,k., 1—to 55345
Ph- W-2) 474-7264
CLIE NI AQDRF 55
RICHARD NUSTAD
7721 EJUR AVE.
CHAA71ASSF-V, MN
SHEET TITLE
EXrSTINGSURVEY
SHEET SIZE: 1i X 17
DRAWING NUMBER
EXISTING 171066 WP EXIMNG
DWELLING
DATE ITVRVEYED� SEPTEIEMEI�-R � 2017
DATE DRAFTED: QrTOPER 11 2Q17
I HEW CERTIFY THAT TWS ". &OVEY ON 40"T
WAS PREKKI) P WE OR LNKR MY DIRECT
&VEIKISION AND THAT I AM A D.&Y KOISTM LAND
WIVEYOR LINM THE LAWS OF OF
WWMTA.
#43503 OCTOBER 11, 2017
L
! 4 F- 0 -WN-- —
60.09 7--7,WF D IRON
SHEET NO,
S 89*29'51" W -�A I I
REC91VEL
IRON
S1
IP&
V6;9-
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Advance
Su—ong & EfIgino-ow, Co.
17917 H�hway No. 7
Mi—lo,,k., 1—to 55345
Ph- W-2) 474-7264
CLIE NI AQDRF 55
RICHARD NUSTAD
7721 EJUR AVE.
CHAA71ASSF-V, MN
SHEET TITLE
EXrSTINGSURVEY
SHEET SIZE: 1i X 17
DRAWING NUMBER
EXISTING 171066 WP EXIMNG
DWELLING
DATE ITVRVEYED� SEPTEIEMEI�-R � 2017
DATE DRAFTED: QrTOPER 11 2Q17
I HEW CERTIFY THAT TWS ". &OVEY ON 40"T
WAS PREKKI) P WE OR LNKR MY DIRECT
&VEIKISION AND THAT I AM A D.&Y KOISTM LAND
WIVEYOR LINM THE LAWS OF OF
WWMTA.
#43503 OCTOBER 11, 2017
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60.09 7--7,WF D IRON
SHEET NO,
S 89*29'51" W -�A I I
REC91VEL
IRON
S1
1-1 -,_� 1),
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMNSEN
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Date: It — 1-7 — CC Date. 60 -Day Review Date
Section 1: Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Notification Sign (City to install and remove) .................................................................................................................... 4200
Property Owners' List within 500' (City to generate after pre -application meeting) .......... i-q� ... a- d-- d-- r. e-- s.- s-- e-- s--) ............. $ pe
.........................................
Escrow for Recording Documents (check all that apply) ............... ......... �$5 �Oe d=6
El Conditional Use Permit Interim Use Permit Ej Site Plan Agreement
vacation Variance D Wetland teration Permd
Metes & Bounds Subdivision (3 docs.) Easements easements) TOTAL FEE: S(�& ��
Description of Proposal:
Property Address or Location
Parcel #:
Total Acreage:
Present Zoning: Select One
t 0 -e, +(-ucV-
A8 CX�0,5e-_ VNoos,,�_ V'lr
Wetlands Present? El Yes F-1 No
Present Land Use Designation: Select One
Existing Use of Property:
F-1 Check box is separate narrative is attached.
Requested Zoning: Select One C)p
Requested Land Use Designation- Select One
Comprehensive Plan Amendment .........................
$600
Subdivision (SUB)
Minor MUSA line for failing on-site sewers .....
$100
Create 3 lots or less ........................................ $300
Conditional Use Permit (CUP)
El Create over 3 lots.. ........... . ..$600 + $15 per lot
0 Single -Family Residence ................................
$325
lots
0 Metes & Bounds (2 lots) .................................. $300
El All Others .........................................................
$425
0 Consolidate Lots .............................................. $150
EJ
Interim Use Permit (IUP)
EJ Lot Line Adjustment ......................................... $150
E] Final Plat
El In conjunction with bingle-Family Residence..
$325
.......................................................... $700
El All Others ...................................................
$425
(Includes $450 escrow for attorney costs)*
*Additional
....
escrow may be required for other applications
El
Rezoning (REZ)
through the development contract.
El Planned Unit Development (PUD) ..................
$750
El
Vacation of Easements/Right-of-way (VAC) ........ $300
Minor Amendment to existing PUD .................
$100
(Additional recording fees may apply)
All Others .........................................................
$500
Variance (VAR) .................................................. . C$20:0
Sign Plan Review ...................................................
$150
El
Wetland Alteration Permit (WAP)
El
Site Plan Review (SPR)
D Single -Family Residence ............................... $150
El Administrative ..................................................
$100
0 All Others ....................................................... $275
El Commercial/Industrial Districts* ......................
$500
Plus $10 per 1,000 square feet of building area:
Zoning Appeal ...................................................... $100
-_ thousand square feet)
Include number of existin employees�
E]
Zoning Ordinance Amendment (ZOA) ................. $500
*Include number of new employees:
El Residential Districts .... ....................................
$500
NOTE: When multiple applications are processed concurrently,
Plus $5 per dwelling unit ( units)
the
appropriate fee shall be charged for each application,
Notification Sign (City to install and remove) .................................................................................................................... 4200
Property Owners' List within 500' (City to generate after pre -application meeting) .......... i-q� ... a- d-- d-- r. e-- s.- s-- e-- s--) ............. $ pe
.........................................
Escrow for Recording Documents (check all that apply) ............... ......... �$5 �Oe d=6
El Conditional Use Permit Interim Use Permit Ej Site Plan Agreement
vacation Variance D Wetland teration Permd
Metes & Bounds Subdivision (3 docs.) Easements easements) TOTAL FEE: S(�& ��
Description of Proposal:
Property Address or Location
Parcel #:
Total Acreage:
Present Zoning: Select One
t 0 -e, +(-ucV-
A8 CX�0,5e-_ VNoos,,�_ V'lr
Wetlands Present? El Yes F-1 No
Present Land Use Designation: Select One
Existing Use of Property:
F-1 Check box is separate narrative is attached.
Requested Zoning: Select One C)p
Requested Land Use Designation- Select One
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval. subject only to
the right to object at the hearings on the application or during the appeal period, If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1. as property owner. have full legal capacity to, and hereby do.
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact: R'I Ly_ N� us-�Z�
'C
Address: r\ 0 C -o_ Phone:
City/State/Zip: t! V% (Yl\ ('\ . !E�, C2 Cell: 96'1- _CQJ7 _3LI(D
Email.01) V\ n -,A r� 0 _Si (Y)CK% C-0 Fax:
Signature: ALItAt Date:
This application must be completed in full and must be accompanied by all information a.id plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address.- Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
[I Property Owner Via: EJ Email F] Mailed Paper Copy Name:
El Applicant Via: D Email F1 Mailed Paper Copy Address:
0 Engineer Via: F1 Email F] Mailed Paper Copy City/State/Zip:
F1 Other* Via: D Email 0 Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
SAVE FORM—] PRINT FORM SUBMIT FORM]
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 5S317
10/16/2017 12:31 PM
Receipt No. 00360495
CLERK: JoleneB
PAYEE: Richard Nustad
7721 Erie Ave
Chanhassen MN 55317-
7721 Erie Ave
-------------------------------------------------------
Variance 200.00
Notification Sign 200.00
Recording Fees 50.00
Property Owners' List 138.00
Total
Cash
Check 1106
Change
-----------
588 .00
0.00
588.00
-----------
0.00